Drugs with the highest potential for harm and abuse carry the harshest penalties in Minnesota. The federal Drug Enforcement Administration (DEA) has established penalties for drug possession based on a drug’s classification under a schedule for controlled substances. Drugs are evaluated and assigned to the schedule based on their medical value and potential for abuse.
Drug Possession Laws
In Minnesota, drug crimes are one of the highest number of charged offenses, and penalties are harsh. Both federal and state Minnesota prisons are filled with inmates serving sentences for drug-related offenses. Minnesota has five degrees of drug possession depending on the type and amount of drugs found in a person’s possession.
First-Degree
25 grams or more of cocaine, heroin, methamphetamine, or a combination; 100 kilograms or more of marijuana; 500 grams or more of amphetamine, phencyclidine, or hallucinogenic drugs; and over 500 grams of other narcotics can result in penalties of up to 30 years in prison and fines up to $1 million for first-time offenders. Up to 40 years in prison is possible for a second offense.
Second-Degree
6 grams of cocaine, heroin, methamphetamine, or a combination; 10-99 kilograms of marijuana; 50-499 grams of amphetamine, phencyclidine, or hallucinogenic drugs; and 10-499 grams of other narcotics can mean up to 25 years in prison, $500,000 in fines, and up to 40 years in prison for subsequent offenses.
Third-Degree
Under six grams of cocaine, heroin, methamphetamine, or a combination; 10 kilograms of marijuana; 10-50 grams of amphetamine, phencyclidine, or hallucinogenic drugs; and under 10 grams of other narcotics can result in up to 20 years in prison and $250,000 in fines for first-time offenders, and up to 30 years in prison for subsequent offenses.
Fourth-Degree
10 or more dosage units of phencyclidine or other hallucinogens; possession of a controlled substance in Schedule I, II, or III (except marijuana) with intent to sell can mean up to 15 years in prison and fines up to $100,000.
Fifth-Degree
Illegal possession of a controlled substance in Schedule I, II, III or IV, (except under 42.5 grams of marijuana) or procuring or attempting to procure a controlled substance through false identity, fraud, deceit, or posing as a medical caregiver can result in up to 5 years in prison and fines up to $10,000.
