Fourth degree possession or sale of a controlled substance is another serious felony offense under Minnesota statutes. The crime is punishable by up to 15 years in prison and a $100,000 fine. And while a prison sentence is not common for first-time offenders, there are other very serious consequences that result from a felony drug conviction.
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Possession of a Controlled Substance in the Fourth Degree (Minn. Stat. § 152.024)
The crime of possession of a controlled substance in the fourth degree includes any of the following:
possession of an hallucinogen (e.g. LSD, PCP, psychedelic mushrooms, etc.) if packaged in dosage units, and equals 10 or more units
possession of a mixture(s) that contains a schedule I, II, or III controlled substance — except for marijuana — with intent to sell
Minnesota law defines the term “possession” broadly:
“if it was in a place under the defendant’s exclusive control to which other people did not normally have access, or if found in a place to which others had access, defendant knowingly exercised dominion and control over it.”
Sale of a Controlled Substance in the Fourth Degree (Minn. Stat. § 152.024)
Sale of a controlled substance in the fourth degree includes any of the following:
sale of a mixture(s) containing a schedule IV or V controlled substance to a person under the age of 18
conspiring with or employing a person under the age of 18 to sell a controlled substance classified in schedule IV or V
sale of any amount of marijuana in a school zone, park zone, public housing zone, or drug treatment facility, except for a small amount of marijuana for no payment
As with drug possession, Minnesota defines the term “sale” very broadly:
“to sell, give away, barter, deliver, exchange, distribute, or dispose of to another, to offer or agree to do the same, to possess with intent to do the same, or to manufacture.”
How to Avoid a Conviction for a First-Time Controlled Substance Offense
For true first-time offenders, an experienced criminal defense attorney can often convince a judge to stay adjudication of the offense — that is, not convict and instead place the defendant on probation. Typically probation involves successfully completing a drug treatment program, completing community work service, paying a modest amount of court costs and remaining law abiding. This provision is only permitted for those charged with the possession form of the fourth degree offense. However, a skilled lawyer can often find a way for a “sale” case to be resolved as if it were merely a “possession” case — and thus eligible for the first time offender program.
Contact an Experienced Minnesota Drug Defense Attorney
If you have been charged, arrested, or even just questioned about a Minnesota controlled substance offense, you need to speak with an experienced Minnesota drug crime defense attorney. The state is preparing its case against you — it’s time to start preparing your defense. The Balmer Law Office is available via its 24-hour hotline: 612-326-4175.
David Balmer
David Balmer established the Balmer Law Office with one overriding goal: provide aggressive, high-caliber criminal and DWI defense for good people facing serious charges throughout the state of Minnesota. Read More
