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Drug possession charges

3 years ago by Brian
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Drug possession cases can be very complex. There are a lot of factors that can impact the outcome of your case. One factor that can change what charges and penalties you might face is the amount of drugs involved in your case. 

If you have been charged with drug possession in Minnesota, you should contact an experienced Woodbury, MN drug possession attorney from JS Defense today to discuss your case. We can help explain Minnesota’s drug possession laws and defend you against your drug charges.


Minnesota Drug Schedules

Minnesota classifies drugs into five different schedules. These schedules are based on a drug’s dangerousness and ability to cause harm.

Schedule I lists the most serious drugs that are frequently abused and have no recognized medicinal purposes. The rest of the schedules (II, III, IV, and V) decrease in harmfulness and increase in recognized medical value. Some examples of drugs in each schedule include:

  1. Schedule I: methamphetamine, heroin
  2. Schedule II: oxycodone, cocaine
  3. Schedule III: anabolic steroids, ketamine
  4. Schedule IV: diazepam, midazolam
  5. Schedule V: Motofen

How is Drug Possession Defined in Minnesota?

Under Minnesota law, drug possession is defined as having a controlled substance in one’s possession. Possession can fall into two different categories: physical (or actual) possession and constructive possession. Physical possession means that the drug is found on your person, while actual possession means that the substance is found in your immediate surroundings.

What Are the Penalties for Drug Possession in Minnesota?

The penalties for unlawful drug possession can be anything from a petty misdemeanor to a felony carrying 40-year imprisonment. Penalties vary according to several factors, including the substance, the quantity of the drug, and whether there was an aggravating factor.

The quantity of drugs has a significant impact on the charges that could be brought in your drug possession case. As a general rule, the greater the amount of a drug you are found in possession of, the more severe a penalty you will face. A person charged with possessing 50 grams of marijuana will face a smaller penalty than someone charged with possessing 15 kilograms.

Nevertheless, the type of drug is also a very important factor. Because of the different drug schedules, penalties can differ even when the quantity is the same. For example, someone possessing six or more grams of heroin (a Schedule I drug) would face the same penalty as someone possessing 25 or more grams of cocaine (a Schedule II drug).

An aggravating factor can increase the severity of all drug offenses, regardless of the type and quantity of drugs involved. Examples of aggravating factors include:

  1. Possessing a firearm when arrested
  2. Acting on behalf of a gang
  3. Having prior drug-related convictions
  4. Being arrested in a school or park zone

Call a Woodbury Drug Possession Attorney Today to Schedule a Free Consultation

If you are facing a drug-related offense in Minnesota, you should contact an experienced drug possession attorney immediately. Call us today at 651-968-9652 or use our online contact form. Your comments are valuable to us and are always welcome.


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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Justin M. Schiks who has more than 20 years of legal experience as a personal injury attorney.

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