4th Degree Drug Crimes
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. 4th degree controlled substance crimes are always charged as felonies. The charges are for sale and/or possession of drugs, and require the best criminal defense possible to avoid or mitigate penalties and prison time.
What Counts as a 4th Degree Drug Crime in Minnesota?
You may be charged with a felony 4th degree drug crime for:
Sale Crimes
- The sale of one or more mixtures containing a Schedule I, II, or III controlled substance, except for marijuana or tetrahydrocannabinols
- Selling one or more mixtures containing a Schedule IV or V controlled substance to a person under the age of 18
- Conspiring with or employing a person under 18 to unlawfully sell a Schedule IV or V controlled substance
Possession Crimes
- Possession of one or more mixtures containing phencyclidine or hallucinogen, if it is packaged in dosage units and equals ten or more dosage units
- Possession of one or more mixtures containing a controlled substance classified in Schedule I, II, or III, except marijuana or tetrahydrocannabinols, with the intent to sell it
What Are the Consequences of a 4th Degree Drug Crime?
The potential penalties for felony 4th degree drug crimes are imprisonment of not more than 15 years or payment of a fine of not more than $100,000, or both. In addition to this prison time, any property that may have been used to commit the crime may be forfeited. You may lose your car, cash, or any other property associated with the crime.
Long-term consequences can be just as harsh. You will find it much more difficult to find employment, housing options may be greatly limited, and schooling or financial aid issues may arise as you attempt to move on with your life. If you are convicted of felony 4th degree drug charges, you may also face serious collateral consequences, including the loss of the legal right to possess a firearm and the loss of voting privileges while incarcerated for a felony.
How Can a 4th Degree Drug Charge Be Defended?
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
- Evaluating 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
- Demonstrating your personal and professional credibility to argue for dismissal or reduction of charges
Yes. A 4th degree controlled substance crime under Minnesota law is charged as a felony. That is why the charges require the best criminal defense possible to avoid or mitigate penalties and prison time.
Under Minn. Stat. § 152.024, sale crimes include unlawfully selling one or more mixtures containing a Schedule I, II, or III controlled substance, except marijuana or tetrahydrocannabinols. It also includes selling Schedule IV or V substances to someone under 18, or conspiring with or employing a person under 18 to sell Schedule IV or V substances.
Yes, but the statute is specific. It covers possession of one or more mixtures containing phencyclidine or a hallucinogen when packaged in dosage units and totaling ten or more dosage units. It also covers possession of Schedule I, II, or III controlled substances, except marijuana or tetrahydrocannabinols, with intent to sell.
A person convicted of a 4th degree controlled substance crime may be sentenced to imprisonment for not more than 15 years, payment of a fine of not more than $100,000, or both. The exact outcome depends on the facts, criminal history, and how the case is resolved.
In addition to prison time and fines, property that may have been used to commit the crime may be forfeited. That can include a car, cash, or other property associated with the alleged crime.
Potential defenses include challenging the chain of evidence and whether law enforcement complied with due process and constitutional protections. The defense may also focus on whether you were actually involved in possession or sale, or simply present in the vicinity with no intent or plan to participate.
Yes. Long-term consequences can include difficulty finding employment, limited housing options, and problems with schooling or financial aid. A felony conviction may also affect firearm rights and voting privileges while incarcerated for a felony.
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.