Drug Crimes

What is 5th-degree Drug Possession in MN?

2 years ago by Brian

Minnesota divides drug crimes into five different degrees, depending on the type of drugs and quantities involved. In all these categories, the fifth degree is the least serious. If you are convicted of a fifth-degree charge, then you could receive up to five years in prison and/or a fine of up to $10,000.

In the unfortunate event that you have been arrested and facing drug charges, it would be in your interest to seek the legal services of a drug possession lawyer in the Woodbury, ST-Paul, or Minneapolis areas. JS Defense, PA, has a solid track record in handling cases for individuals facing drug offenses.

Fifth-Degree Drug Possession and Sale in Minnesota

Possession of even the smallest of amounts of a controlled substance in Minnesota is a fifth-degree offense. Fifth-degree arrests usually occur in connection with a motorist being stopped for minor traffic violations such as a broken taillight or not stopping at a traffic sign, and the officer who stops the driver smells or sees evidence of drug possession. 

If that is all there is to it – being found with small amounts of a controlled substance – then you will likely be charged with possession in the fifth degree, which in turn can be charged in either of the following ways:

1. You are in possession of less than .25 grams of marijuana, crack, methamphetamine, or other drugs.
2. You are in possession of less than .5 grams of heroin or a similar drug.
3. You are in possession of marijuana in the amount of 4.25 grams or more.

Defense for 5th Degree Drug Possession in Minnesota

Facing a drug charge is not something anyone expects, especially first-time offenders who find it a haunting experience. The consequences of being arrested and charged with a drug offense can have an adverse life-long impact – even if you are able to avoid the more severe and harsh criminal penalties. Some of the non-criminal consequences you can suffer for a long time include inability to get a job, being denied financial aid, being denied a professional license, and so on.

At JS Defense, we can help you mount a vigorous defense of the fifth-degree drug charge against you, including the following:

1. Entrapment. If a police officer or other law enforcement officer tricks or induces you into buying a drug, then it would be possible to raise and prove the defense of entrapment.
2. Illegal search. If your 4th and 5th Amendment rights were violated in an illegal search, then an experienced drug possession lawyer can use that to defeat the government’s case.
3. Legal possession. If you have a prescription for the drugs found on you but did not have it at the time, this can be raised and proven as a successful defense.

Let a Woodbury, MN 5th Degree Drug Possession Attorney Help

If you have been charged with a fifth-degree drug possession, contact JS Defense, PA, today for a free consultation. We can defend against all types of drug charges. Call: 651-968-9652.