Rochester Minnesota Drug Offense Lawyer

Drug Crimes Attorney Minnesota

Much like everywhere else, including on the federal level, drugs laws in Minnesota are very harsh and contain severe penalties.  These penalties can include not just criminal but also civil collateral consequences. That is why it is extremely important to have tough, thorough representation that will address all the issues that come up in these kind of cases, including search warrant executions, pre-charge counsel, assertion of 5th Amendment privilege against incrimination, immunity, vehicle forfeiture, asset forfeiture, arrest warrants, extradition, bail, pre-trial release, mandatory minimum sentencing provisions, 152.18 stays of adjudication, and so forth. If you have been arrested, contact our Rochester Minnesota Drug Offense Defense attorney, to see how we can help.

Categories of Drugs

Controlled substances in Minnesota are divided into five groups or schedules. The most serious drugs are classified as Schedule I, the least serious as Schedule V. It is exceedingly difficult to state every single drug in every single schedule because there are so many controlled substances. To give you an idea of the overwhelming amount of what qualifies as a controlled substance, here’s just an example of part of the Schedule I drugs:

Any of the following substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation: Acetylmethadol; Allylprodine; Alphacetylmethadol; Alphameprodine; Alphamethadol; Benzethidine; Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine; Clonitazene; Dextromoramide; Dextrorphan; Diampromide; Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene; Dioxaphetyl butyrate; Dipipanone; Ethylmethylthiambutene; Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine; Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine; Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; Piritramide; Proheptazine; Properidine; Racemoramide; Trimeperidine . . .

To make things simpler, drugs will usually fall into one of these categories:

• Heroin
• Opium
• Synthetic Drugs
• Marijuana
• Cocaine
• Hallucinogen
• Amphetamine
• Barbiturate
• Simulated
• Crack Cocaine
• Toxic Substances
• Methamphetamine (Meth)
• Anhydrous Ammonia

Further, the severity of the crime also depends on the following factors:

• Possession vs. sale;
• Quantity (there is a big difference, for example, in having more or less than 6 grams of cocaine, meth or heroin);
• Prior Drug Convictions

Non-Felony Drug Offenses

• Sale of Schedule V substance (gross misdemeanor) – Not eligible for 152.18 disposition
• Possession of Schedule V substance (gross misdemeanor) – Eligible for 152.18 disposition
• Possession of marijuana in motor vehicle (misdemeanor) - Eligible for 152.18 disposition
• Possession or sale of small amount of marijuana (petty) - Eligible for 152.18 disposition

Felony Drug Offenses

Fifth Degree Controlled Substance Offenses

• Selling – Large amount of marijuana, Schedule IV drug;
• Possessing – Unlawfully possessing Schedule I, II, III, IV drugs, or obtaining drugs by deceit.
  

Fourth Degree Controlled Substance Offenses

• Selling
• Schedule I, II, III drugs;
• Schedule IV or V to a minor;
• Marijuana in a school/park.
• Possessing
• phencyclidine or hallucinogen, packaged in ten or more dosage units;
• a Schedule I, II, III drug with intent to sell.
  

Third Degree Controlled Substance Offenses

• Selling
• In a 90-day period, phencyclidine or hallucinogen, packaged in ten or more dosage units;
• A Schedule I, II or III controlled substance; 
• Employing or conspiring with a minor;
• 5 kg of marijuana over a 90-day period.
• Possessing
• 3 or more grams of heroin, cocaine or meth;
• 10 or more grams of a controlled substance other than heroin, cocaine or meth;
• 50 or more packaged units of a narcotic;
• 10 or more kg of marijuana over a 90-day period;
• Meth or amphetamines in school/park zone.

Second Degree Controlled Substance Offenses

• Selling
• 3 or more grams of heroin, cocaine or meth;
• 10 or more grams of a controlled substance other than heroin, cocaine or meth;
• 10 or more grams containing amphetamine, phencyclidine, or hallucinogen, or 50 or more packaged units of a narcotic;
• 25 or more kg of marijuana;
• Any amount of a Schedule I or II drug to a minor, or conspiracy to employ a minor;
• Selling the following in a school zone: any amount of a Schedule I or II drug, Methamphetamine or amphetamine, 5 or more kg of marijuana.

• Possessing
•  6 or more grams of cocaine, heroin or meth;
• 50 or more grams of a controlled substance other than cocaine, heroin or meth;
• 50 or more grams containing amphetamine, phencyclidine, or hallucinogen, or 100 or more package units of a controlled substance;
• 50 or more kg of marijuana.
  

First Degree Controlled Substances Offenses

• Selling in a 90-day period
• 10 or more grams of cocaine, heroin or meth;
• 50 or more grams of a controlled substance other than cocaine, heroin or meth;
• 50 or more grams containing amphetamine, phencyclidine, or hallucinogen, or 200 or more package units of a controlled substance;
• 50 or more kg of marijuana, or 25 or more kg of marijuana in a school/park/public housing/drug treatment zone.

• Possession
• 25 or more grams of cocaine, heroin or meth;
• 500 or more grams of a controlled substance other than cocaine, heroin or meth;
• 500 or more grams containing amphetamine, phencyclidine, or hallucinogen, or 500 or more package units of a controlled substance;
• 100 or more kg of marijuana.
• Meth Manufacturing – Any amount
  

Minnesota 152.18 Disposition

Discharge and Dismissal of Certain Drug Crimes

Minnesota Statute 152.18 (what is commonly referred to as a 152.18 disposition) allows any person, with the permission of the Court, who has not previously participated in or completed a diversion program, who is found to have violated fourth or fifth degree possession only crimes, to proceed without entering a judgment of guilty and to defer further proceedings and be placed on probation with such reasonable conditions as the Court may require. This disposition allows a person guilty of these possession crimes to avoid a drug conviction record for a first-time offense so long as they are successfully discharged from their probation.

Collateral Consequences

As noted above, in addition to the severe criminal penalties, there are also collateral consequences to be considered prior to pleading to a drug charge.

Driver’s License Revocation

If you are convicted of most drug crimes and the court finds that you possessed or sold the controlled substance while in a motor vehicle, the court is required to notify the Department of Public Safety and order your license revoked for 30 days. Because driving records are somewhat more public and accessible by insurance companies, for example, this also means that it is easier for your drug conviction to become public.

Asset Forfeiture and Other Consequences

In addition to the arrest, the government can seize basically anything of value found in proximity to controlled substances on the theory that it was obtained by the sale and possession of drugs.

Additionally, a drug conviction will result in lack or reduction of employment and housing options, loss of professional or occupational licenses, as well as many other significant collateral consequences.

Contact Us Today For a Free Consultation

If you have additional questions about drug offenses in Minnesota, please contact the Dilaveri Law Firm today. We always offer free initial consultations to our clients. Call 507.206.6020 or complete our free case evaluation form.