Depending on the substance and amount, drug possession has a range of penalties in Minnesota. The state law defines five degrees of controlled substance possession crimes.
Before facing a Minnesota court date for possession, review the potential legal consequences of a conviction.
First-degree drug possession
This category applies to possession of more than 25 g of heroin or 50 g of cocaine or methamphetamine. The offender could receive a minimum sentence of four and up to 40 years in prison, in addition to fines of up to $500,000.
Second-degree drug possession
This type of offense applies to more than 5 g of heroin, 25 g of cocaine or methamphetamine, 50 g of a narcotic, or 100 doses of a hallucinogen. Conviction results in up to 25 years in prison along with significant fines for the first offense. A second offense of second-degree drug possession carries three to 40 years in prison as well as fines of up to $500,000.
Third-degree drug possession
An offender could receive this charge for possession of more than 10 g narcotics or 3 g heroin. This charge also applies to possession of any amount of a narcotic, LSD or methamphetamine in a drug treatment facility. A conviction can result in up to 20 years in prison and up to $250,000 in fines.
Smaller amounts of these substances usually result in fourth-degree or third-degree drug possession. However, offenders still run the risk of jail time for these charges in Minnesota, especially for a second or subsequent drug possession conviction.