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Penalties for Underage Possession in Minnesota

Children and teenagers who participate in criminal activity can face serious penalties that impact the rest of their lives. Underage possession of a controlled substance requires a drug attorney that handles juvenile criminal defense cases.

Juvenile Crimes in Minnesota

A juvenile is defined by Minnesota law as a person between 10 and 17 years old. When a juvenile commits a crime, the laws and consequences differ than laws and consequences for adult criminals. Depending on the circumstances, juvenile crimes can range from misdemeanors to felonies. Penalties for misdemeanors often include detention in a youth facility and counseling, but in serious cases, a juvenile can be charged and punished as an adult.

When children and teenagers commit crimes, they are often unaware of the consequences of their actions. If charged with a crime in Minnesota, juveniles are not entitled to a jury trial or bail release. Extended Juvenile Jurisdiction (EJJ) is a Minnesota program that focuses on helping juveniles who commit serious crimes to return to a law-abiding lifestyle. According to law, Minnesota courts can impose a dual sentence with juvenile and adult sanctions to a juvenile offender. To be placed on EJJ, a juvenile offender must be at least 14-years-old. Under Minnesota law, convicted offenders must remain under EJJ supervision until they reach 21 years of age.

Underage Possession of Drugs and Alcohol

Drugs

In Minnesota, when a person is caught in possession of a controlled substance, and the police suspect intent to sell, it’s charged as a possession with an intent violation. Possession with intent to sell, deliver or distribute drugs is a fourth-degree drug offense that requires a drug attorney for the proper criminal defense. Penalties include a potential prison sentence of up to 15 years and fines up to $100,000. Minnesota law imposes stiff penalties on meth-related criminal possession charges, but there is no jail time for first-time offenders caught with a small amount of marijuana (42.5 grams or less) intended for personal use.

Alcohol

In Minnesota, the legal age to consume alcohol is 21, and minors caught with alcohol face serious consequences. The following are considered gross misdemeanors, punishable by fines of up to $3,000, in addition to civil penalties and criminal charges:

  • Purchasing or attempting to purchase alcohol under age 21
  • Providing the use of a fake ID to a minor to purchase alcohol
  • Serving or giving alcohol to a minor, except within the household by a parent or guardian under supervision
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Attorney Max Keller
Max Keller

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Experience: Practicing since 1997
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Person using smartphone with blurred police lights background. charged with a drug crime based on text messages

Can You Be Charged With a Drug Crime Based on Text Messages Alone?

You can be charged with a drug crime based on text messages alone in Minnesota, especially when the messages show intent to purchase, sell, distribute, or traffic drugs. Prosecutors often use text messages to demonstrate intent to commit a drug crime, show a history of drug activity, link you to a specific phone, and corroborate physical evidence. Text messages often strengthen the probable cause required for the police to arrest and charge you. They are, however, not sufficient for a conviction without compelling supporting physical evidence.
Handcuffed man in beanie looking distressed during interrogation. police lie to you during an interrogation

Can the Police Lie to You During an Interrogation in Minnesota?

Criminal defendants who interact with police officers for the first time are often left wondering, “Can the police lie to you during an interrogation?” Police officers can lie to you during an interrogation. In fact, deception is a lawful and fully permitted police technique provided the officers do not use it to force a confession. Police often claim possession of non-existent evidence or witnesses to trick you into disclosing information that can aid their investigation.