Fentanyl charges in Minnesota come with serious penalties. If convicted, you risk up to 40 years in jail and fines of up to $1,000,000. The state classifies fentanyl as a Schedule II controlled substance. The charges can be either possession or distribution, depending on the quantity in your possession during arrest. Fortunately, several legal defense options are available to fight fentanyl charges in the state.
The best defense depends on your case. That is why you should retain a lawyer with a history of handling cases like yours soon after you are charged or discover the police are investigating you. A drug crime lawyer can evaluate your case, conduct a full investigation, and identify the right defense for your situation.
At Keller Criminal Defense Attorneys, our drug crime lawyers have a proven record of helping people in Minnesota fight drug charges. We’ll build a strong defense strategy supported by legal facts and solid evidence. Our goal is to have the charges dropped or reduced. Call us at (952) 913-1421 to schedule an appointment.
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How Minnesota Classifies Fentanyl Possession and Distribution
Minnesota drug laws regulate a range of drug charges. These include small possession charges to large-scale drug trafficking crimes. Fentanyl and its compounds are classified as Schedule II controlled substances. These substances have high physical and psychological dependence risks. In fact, fentanyl is a more powerful drug than heroin. That’s why it’s strictly regulated.
Fentanyl possession and distribution charges differ, depending on the amount of substance.
Possession Charges
An individual gets a possession charge if the individual has a small amount of fentanyl without a valid prescription. Even a small amount like less than 0.25 qualify for a possession charge. Law enforcement officers charge you with possession when they assume that you have the drugs for personal use.
Distribution Charges
Distribution charges involve higher quantities of fentanyl than in a possession charge. You must have 10–25 grams or 40–100 dosage units of fentanyl to face distribution charges. When apprehended for such amounts, the police assume that you intend to sell or distribute the drug to others.
The legal process commences once the prosecution files drug charges in Minnesota. The police must arraign you in court within two days following your arrest. It’s advisable to work with Minneapolis drug crime lawyers before your initial court arraignment.
Penalties for Fentanyl Charges in Minnesota
Fentanyl overdose is an ongoing opioid epidemic in Minneapolis, St. Paul, and other major cities. The substance is a synthetic opioid, which is 50 to 100 times more potent than heroin. Opioid-related overdose deaths in Minnesota increased by 51% from 2020 to 2022.
The state has implemented strategic overdose prevention programs to mitigate drug-induced homicide cases. Alongside the programs, the state imposes harsh legal penalties on individuals arrested and convicted of fentanyl possession or distribution. Possession of under 0.25 grams of fentanyl carries a jail time of up to 5 years and $10,000 in fines. Possession of more than 10 grams of this synthetic opioid can result in up to a 40-year prison term and a $1 million fine.
Common Legal Defenses Against Fentanyl Charges
There are legal defense options when you’re arrested on drug charges. A seasoned fentanyl defense attorney can discuss all the available defenses and help you choose the best one for your case. The most common defense options to fight fentanyl charges include:
Challenging Unconstitutional Searches and Seizures
The Minnesota Fourth Amendment guarantees your privacy. It prohibits law enforcement agents from conducting searches and seizures without warrants. You have the right to challenge the legality of a search or seizure if you believe the police conducted it without a warrant backed by a justified probable cause. Your Minnesota drug crime lawyer can help you prepare a motion to suppress evidence obtained through an unreasonable search and seizure.
Entrapment
In some circumstances, you may be coerced into committing a drug-related crime by a third party. It’s not unusual to hear of rogue cops who compel innocent people to distribute drugs. You can raise entrapment as a defense if you were pressured by law enforcement officers into committing a drug crime.
Lack of Knowledge
Sometimes the police may find traces of fentanyl or drug-related paraphernalia in your car or house. In such a case, you may argue that you weren’t aware there were drugs in the car or house. This defense is especially effective if the drug bust occurred in a shared car or residence.
Authorized Drug Prescription
Another defense option against fentanyl charges is a valid prescription. If well administered by a qualified doctor, fentanyl and its compounds may be used to treat some health issues. If the fentanyl in your possession was prescribed to you by a licensed physician, then that was a lawful possession.
Violation of Miranda Rights
Law enforcement officers are legally mandated to read suspects their Miranda rights during arrests. You can petition the court to exclude statements you made during the arrest if the police didn’t read you these rights. Minneapolis drug crime lawyers can evaluate the arrest details and gather evidence needed to support your motion to suppress statements you made.
Don’t fight fentanyl charges alone. At Keller Criminal Defense Attorneys, we have a proven record of winning all types of drug cases, including fentanyl possession and distribution. Contact us today for a free, no-obligation case review.
Frequently Asked Questions (FAQs)
What Are the Consequences of a Drug Conviction in Minnesota?
The immediate consequences of a drug conviction are jail time and fines. But there are other long-term consequences. For example, a drug conviction remains on your criminal record for a lifetime. That can impact your career, professional license, and future employment opportunities.
What Should I Do After Being Arrested for Fentanyl Possession Charges?
You have the right to remain silent. You don’t have to respond to police inquisitions or comments. If you must speak, request a call to your criminal defense lawyer.
What Is a Drug Court, and When Is it Available to a Defendant in a Drug Case?
A drug court is established to handle rehabilitation programs rather than issuing convictions. It’s overseen by the state’s judicial system. It prescribes treatment-and rehabilitation-based programs for offenders with specific eligible drug crimes. That includes possession of small amounts, drug trafficking, or drug theft to support dependence/addiction.
