The use or distribution of illicit drugs can lead to severe penalties. In Minnesota, there are five degrees of crimes for possession of illicit drugs. A fifth-degree charge can lead to five years in prison and $10,000 in fines. A first-degree charge could mean the defendant would spend up to 30 years in prison and be fined up to $1,000,000.
Drug possession cases are not cut and dry. Courts often have to make a few considerations before a defendant is charged. Here is what you should know:
Factors that can influence a drug possession case
A defendant’s case will typically be reviewed before they are charged with drug possession. These are the factors that may influence a drug possession case:
- Classification of drugs: Drugs have five classifications called schedules. These schedules determine a drug’s medical uses and the dangers of addiction and abuse. Higher schedules (lower numbers) hold harsher charges.
- Quantity of drugs: If a defendant possesses a high quantity of a drug, they could face severe penalties. However, possession of a small quantity of a higher-schedule drug could also lead to severe charges.
- Purpose of drugs: If a defendant was only in possession of a drug and had no intent of selling it, then they could face lesser charges. A defendant who was caught selling an illicit drug may suffer harsh penalties.
- Criminal history: People who have been previously convicted of drug possession or another crime may face more penalties.
A drug possession charge can affect a person’s ability to seek education, employment or housing. It can help to reach out for legal guidance to discuss a drug possession case.
