5th Degree Drug Crimes in Minnesota
What Are 5th Degree Drug Charges?
In Minnesota, drug crimes are divided into five different degrees, and the degree will primarily depend on the amount and whether the drug was being manufactured or offered for sale. 5th degree controlled substance crimes are the only level that may be charged as a gross misdemeanor, depending on the drug and quantity of drug in question. The charges are for sale and/or possession of drugs, and require the best criminal defense possible to avoid or mitigate penalties and jail time.
Under the current statute, cannabis flower, cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and residual amounts of controlled substances contained in drug paraphernalia are excluded from the 5th degree possession provision. A mixture also does not include the fluid used in a water pipe or any amount of a controlled substance dissolved in the pipe’s fluid.
What Counts as a Felony 5th Degree Drug Crime in Minnesota?
You may be charged with felony 5th degree drug crime for the sale of one or more mixtures containing a Schedule IV controlled substance.
You may also be charged with a 5th degree drug crime for unlawfully possessing one or more mixtures containing a controlled substance classified in Schedule I, II, III, or IV, unless the conduct falls within the gross misdemeanor exception for a first drug offense. The statute also covers procuring, attempting to procure, possessing, or having control over a controlled substance by fraud, deceit, misrepresentation, subterfuge, using a false name or giving false credit, or falsely assuming a professional title to obtain a controlled substance.
Can a 5th Degree Drug Crime Be a Gross Misdemeanor?
If this is your first drug offense, you may be charged with only a gross misdemeanor 5th degree drug crime for possession under the statute if:
- The amount of the controlled substance possessed, other than heroin, is less than 0.25 grams;
- The controlled substance was possessed in dosage units and the amount is one dosage unit or less; or
- The controlled substance possessed is heroin and the amount is less than 0.05 grams.
Greater quantities of drugs, a prior drug offense, or conduct that does not fit within the gross misdemeanor exception may be charged as a felony 5th degree drug crime, or potentially as a higher-degree controlled substance offense depending on the facts.
What Are the Consequences of a 5th Degree Drug Conviction?
The potential penalties for felony 5th degree drug crimes are imprisonment of not more than five years or payment of a fine of not more than $10,000, or both. Gross misdemeanor 5th degree drug crimes are not nearly as severe, with jail time not exceeding one year. In addition to this jail time, property associated with the crime may be subject to forfeiture depending on the facts and the applicable forfeiture law. You may lose your car, cash, or other property associated with the crime.
Long-term consequences can be just as harsh. You will find it much more difficult to find employment, and housing options may be greatly limited. If you are convicted of felony 5th degree drug charges, you may also face collateral consequences involving firearms and, if incarcerated for a felony, voting rights while incarcerated.
How Can North Star Criminal Defense Defend Against Drug Charges?
North Star Criminal Defense will prepare a defense on your behalf that has the goal of having the charges dismissed or at least reduced to mitigate the penalties. Whether you are a first-time offender or have previous drug convictions, we will use the following methods in your defense:
- Analyzing the chain of evidence of the drugs and other items involved in the crime;
- Assessing whether the arrest, investigation, and acts by law enforcement complied with due process and other constitutional protections;
- Determining whether you were directly involved in the possession or sale of the drugs, or simply present in the vicinity with no intent or plan to participate; and
- Demonstrating your personal and professional credibility to argue for dismissal or reduction of charges.
Case Results
To see just how successful our approach is, here are some representative case results:
State v. D.J.
Charge: 5th Degree Drug Crime, Obstructing Legal Process
Resolution: Diversion program. We are often approached by clients who have made an initial appearance in court, expecting a soft landing, who have been advised they do not qualify for diversion or another favorable program to resolve their matter. In this instance, a patient approach with a thoughtful prosecutor resulted in a late admission into a diversionary outcome that was utterly unavailable at arraignment. These sorts of outcomes quite literally make our month.
State v. P.P.
Charge: Felony 5th Degree Drug Crime – Possession
Resolution: Case dismissed. Mr. Gempeler successfully raised the immunity defense during pre-trial negotiations. The client was only discovered due to a possible overdose. A new statute grants immunity to those that need immediate medical assistance. Through careful research and investigation, Mr. Gempeler had this defense ready for a contested hearing before the County dismissed the case entirely.
A 5th degree controlled substance crime generally involves unlawful sale of a Schedule IV controlled substance or unlawful possession of a Schedule I, II, III, or IV controlled substance. The statute also covers obtaining or attempting to obtain a controlled substance through fraud, deceit, misrepresentation, or similar conduct.
No. A first-time possession offense can be a gross misdemeanor if the amount is less than 0.25 grams, one dosage unit or less if possessed in dosage units, or less than 0.05 grams of heroin. Other 5th degree drug crimes may be charged as felonies.
Under the current statute, 5th degree possession does not include cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products. Those items are treated separately from the 5th degree controlled substance possession provision.
A felony 5th degree drug conviction may carry imprisonment for not more than five years, a fine of not more than $10,000, or both. The specific outcome depends on the charge, the facts, criminal history, and the defense strategy.
Gross misdemeanor 5th degree drug crimes are not nearly as severe as felonies, with jail time not exceeding one year. A gross misdemeanor still creates a criminal record and can carry serious employment, housing, and personal consequences.
Property associated with a drug offense may be subject to forfeiture depending on the facts and the applicable forfeiture law. That can include a car, cash, or other property alleged to be connected to the crime.
Potential defenses include challenging the chain of evidence, the legality of the arrest and investigation, and whether law enforcement complied with constitutional protections. The defense may also focus on whether the person was actually involved in possession or sale, rather than simply present in the vicinity.
North Star Criminal Defense – Proven Success in Fighting Drug Charges
The Minnesota drug crime lawyers at North Star Criminal Defense have over 45 combined years of successfully defending drug charges of all degrees and throughout multiple jurisdictions, including federal courts in multiple states. We know the law, the defenses, and the strategy necessary in order to obtain resolutions that avoid convictions and jail time. We have helped countless clients overcome these debilitating charges and get back on their feet. If you have been accused of any type of drug crime, you need to contact us right away.