Drug possession charges in Minnesota are divided into degrees, ranging from 1st degree (most severe) to 5th degree (least severe). While a 5th degree drug possession MN charge might sound minor, it can still result in felony charges, a permanent criminal record, hefty fines, and jail time—especially if not handled correctly.
If you’re facing a 5th degree drug possession charge in Minnesota, it’s essential to understand your rights, the legal process, and your best options for defense. In this article, we’ll break down what 5th degree drug possession means, the penalties involved, and key tips from experienced Minnesota criminal defense attorneys.
What Is 5th Degree Drug Possession In Minnesota?
Under Minnesota Statute § 152.025, you can be charged with 5th degree controlled substance crime if you:
- Possess any amount of a Schedule I, II, III, or IV controlled substance (excluding cannabis products under the new cannabis law),
- Attempt to obtain a controlled substance through deceit, fraud, or misrepresentation,
- Or sell a Schedule IV drug without proper authorization.
This degree often applies to first-time offenders, those caught with drugs for personal use, or individuals caught up in a minor incident with controlled substances—such as prescription medications that aren’t prescribed to them.
Penalties For 5th Degree Drug Possession In MN
Even though it’s the lowest level of drug offense, 5th degree drug possession carries serious consequences. Penalties depend on the circumstances, including the type and amount of drug and prior offenses:
Gross Misdemeanor
- Applies if it’s your first offense and involves a small amount (e.g., less than 0.25 grams of cocaine or meth, or less than 0.05 grams of heroin)
- Punishable by up to 1 year in jail and $3,000 in fines
Felony
- Applies in most other cases
- Punishable by up to 5 years in prison and fines of up to $10,000
Beyond legal penalties, a conviction can have life-altering effects. It may impact:
- Employment opportunities
- Professional licensing
- College admissions or financial aid
- Housing applications
- Immigration status (if applicable)
Expert Legal Tips To Fight 5th Degree Drug Possession MN Charges
Navigating Minnesota’s drug laws without proper legal representation can be risky. Fortunately, there are effective defense strategies—especially for non-violent, first-time offenders. Here’s how an experienced defense attorney might help:
1. Hire A Minnesota Drug Crimes Attorney Immediately
The most important thing you can do after being charged is to consult with a criminal defense attorney who specializes in Minnesota drug crimes. Your attorney will:
- Assess the details of your case
- Explain your legal rights
- Help you avoid self-incrimination
- Begin building a defense right away
Don’t wait until your court date is approaching—early legal intervention can often lead to dismissals, charge reductions, or entry into diversion programs.
2. Challenge Illegal Search Or Seizure
Many drug arrests occur after a traffic stop or search of your home or belongings. If law enforcement violated your constitutional rights during a search, your attorney can move to suppress the evidence, which could lead to your charges being dismissed.
Red flags to watch for include:
- Lack of a search warrant
- No probable cause
- Being coerced into a search
- Improper arrest procedures
3. Explore Diversion And Treatment Programs
Minnesota offers several drug diversion and treatment programs for eligible offenders. These programs often focus on rehabilitation over punishment and can result in dismissal of charges if completed successfully.
You may qualify for:
- Drug Court
- Pretrial Diversion
- Stay of Adjudication
- Chemical dependency treatment programs
Participation shows the court that you’re taking responsibility and addressing the root causes of the behavior, which can greatly improve outcomes.
4. Negotiate A Plea Deal When Appropriate
In some cases, your attorney may advise negotiating a plea agreement with the prosecution. This could reduce the charge from a felony to a gross misdemeanor or even a petty misdemeanor, minimizing the long-term impact on your life.
This is often a strategic move when:
- The evidence is strong
- You’re not eligible for diversion
- You want to avoid the uncertainty of a trial
5. Prepare For Trial With A Strong Defense
If your attorney believes your case is defensible, they will prepare you for trial. Common defense strategies may include:
- Arguing lack of possession or knowledge of the drugs
- Highlighting issues with the lab testing process
- Demonstrating that the drugs belonged to someone else
- Proving you were entrapped by law enforcement
No two cases are the same, which is why individualized defense strategies are so important.
Final Thoughts: Protecting Your Future After A 5th Degree Drug Possession MN Charge
A 5th degree drug possession charge in Minnesota is serious, but you have options. With the right legal support, you may be able to:
- Avoid jail time
- Keep your record clean
- Access rehabilitation and support services
- Move forward without the weight of a felony conviction
Speak With A Trusted Minnesota Drug Crimes Attorney Today
At Leverson Budke, we’ve helped hundreds of clients navigate Minnesota’s drug laws and successfully fight 5th degree drug possession charges. Our attorneys are experienced, compassionate, and aggressive when it comes to protecting your rights and your future. Don’t wait—the sooner we start working on your defense, the better your chances of a positive outcome.
