4th Degree Drug Crimes

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.

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Our Team

State v. J.D.

November, 2025
1st Degree Drug Sales and Possession (3 counts); 3rd Degree Drug Possession (1 count); and 5th Degree Drug Possession (2 counts) – All felonies
Plea to one 1st degree drug sale charge, rest of the charges dismissed, and granted a dispositional departure – client will not go to prison. Client was facing 62 months as part of a presumptive guideline sentence. At the outset, this seemed like a foregone conclusion given that the individuals who bought from him overdosed and nearly avoided death, and our client had a massive amount of drugs and

United States v. G.B.

June, 2025
Drug Conspiracy / Federal Crimes
Another significant trial victory for Dan Adkins, who has impressively maintained an unblemished record in contested bench and jury trials since 2013. In this particular case, Mr. Adkins was able to secure outstanding results for his client. Key among these accomplishments was the outright acquittal of the Drug Conspiracy charge against the client, despite the prosecution presenting a substantial

State v. A.A.

June, 2025
Four Felony Narcotics, Two First Degree Associated Probation Matters
Outright dismissal! After facing a daunting case with a potential seven-year prison sentence and years of probation, the client’s charges were completely dropped with prejudice following a groundbreaking investigation that exposed serious misconduct by the lead law enforcement officer. This total dismissal means the charges can never be refiled, allowing the client to return home to his children.

State v. J.R.

July, 2024
1st Degree Drug Charges – Felony; Felony in Possession of a Firearm – Felony with Mandatory Commitment
Departure to probation. Every now and again, the North Star team will return to the office with an outcome that doesn’t make a ton of sense, like in the First Degree Assault case described below, the Ramsey County hammer-attack that was nearly a murder, with the client avoiding prison entirely, and achieving a probationary outcome, notwithstanding EVERYONE in opposition to that result, including p

State v. J.T.

July, 2024
2nd Degree Drug Possession and Sales Counts – Felonies
Drug Court diversion. Mr. Adkins was able to overcome massive opposition and months of obstacles, and the client was admitted into Drug Court with a chance to avoid any jail, and a long sentencing guidelines stay (necessitated from multiple prior convictions) of 88 months or longer… With a year of sobriety, success in a carefully-curated set of drug treatment programs, and graduation into a long t

State v. J.G.

April, 2024
3rd Degree Murder; Controlled Substance – Felony Counts
Plea to a drug count and dismiss the murder count. Mr. Adkins and his team convinced a judge, and eventually the State, to completely abandon a murder allegation, concerning delivery of drugs/fentanyl that resulted in an overdose death, simply based upon Mr. Adkins’ assessment of the evidence and a timeline he prepared. This case, involving more than fourteen (!!) victim impact statements and a pa