Despite the legalization of Marijuana in some areas of the country, and our more recent and scientific understanding of drug addiction and treatment, the criminal justice system in Minnesota remains far behind the times and the war on drugs remains intact.  When you are charged with a drug crime the system is stacked against you.  The police and prosecutor are working to get a conviction and there is no guarantee the police, prosecutor or judge will be sympathetic to your disease.  When you have been charged with possession, intent to sell, manufacturing, cultivation, trafficking or prescription drug offenses you need Wainberg Morrison in your corner to vigorously defend your rights.

WHAT DRUG CHARGES ARE THERE IN MINNESOTA?

Drug Possession Charges depend on the type and amount of drugs in your possession as well as number of prior offenses. 

• First Degree: maximum sentence of 30 years and/or $1,000,000.
• Second Degree: maximum penalty of 25 years and/or $500,000. 
• Third Degree: maximum penalty of 20 years and/or $250,000. 
• Fourth Degree: maximum penalty of 15 years and/or $100,000.
• Fifth Degree: maximum penalty of 5 years and/or $10,000; maximum penalty of 10 years and/or $20,000 for repeat offenders.

Drug Sale charges also depend on the type and amount of drugs as well as the number of prior offenses.

• First Degree: maximum sentence of 30 years and/or $1,000,000.
• Second Degree: maximum penalty of 25 years and/or $500,000. 
• Third Degree: maximum penalty of 20 years and/or $250,000. 
• Fourth Degree: maximum penalty of 15 years and/or $100,000.
• Fifth Degree: maximum penalty of 5 years and/or $10,000; maximum penalty of 10 years and/or $20,000 for repeat offenders.

Importing Controlled Substances Across State Lines -

• Maximum penalty of 35 years and/or $1,250,000 if it would otherwise be a First Degree possession charge or the person carrying the controlled substance is under 18.

Possession with Intent to Manufacture Meth – Possession of certain precursors with the intent to manufacture methamphetamine.

• Maximum penalty 10 years and/or $20,000;
• Maximum penalty of 15 years and/or $30,000 for repeat offenders.

Other Drug Offenses

• Sale or possession of a schedule V substance – maximum of 1 year and/or $3,000.
• Possession of (1.4+ grams) Marijuana in a motor vehicle – misdemeanor
• Possession or Sale of Small Amounts of Marijuana – Petty Misdemeanor and mandatory drug counseling unless the court intervenes.  Subsequent conviction within 2 years is a misdemeanor and requires chemical dependency evaluation and treatment.  Failure to comply with the terms of a sentence is a misdemeanor, however completion of requirements before sentencing is an absolute defense.
• Salvia – Sale of any amount is a gross misdemeanor.  Possession of any amount is a misdemeanor.

Sale or possession of synthetic marijuana –

• Selling it without profit is a gross misdemeanor;
• Selling it for profit is a felony with a maximum of 5 years and/or $10,000;
• Possession of any amount is a misdemeanor.

Drug Paraphernalia

• Possession is a petty misdemeanor,
• Manufacture or delivery is a misdemeanor,
• Delivery to a minor is a gross misdemeanor,
• Advertisement is a misdemeanor.

Simulated Drugs             

• Manufacturing, selling, transferring, delivering a fake drug carries a maximum penalty of 3 years and/or $20,000.
• Attempting to sell, transfer or deliver a simulated drug carries a penalty of 1.5 years and/or $10,000.

Methamphetamine-Related Crimes involving Children and Vulnerable Adults 

• Felonies with a maximum of 5 years and/or $10,000.

WHAT CAN YOU DO TO PROTECT YOURSELF?

Don’t sleep on your rights.  Wainberg Morrison handles felony, gross misdemeanor and misdemeanor Drug Crimes and can provide you with a skilled legal defense.  Our Minnesota drug crime lawyer has been in the thick of it and has secured favorable results for his clients.  Kevin M. Morrison has represented clients with the Minnesota Public Defender‘s Office and as the Director of the Misdemeanor Defense clinic at the University of Minnesota.  We believe in, and practice, strong and effective representation.  For a free initial consultation, give him a call at 651-243-2538.

Geography: Minneapolis, St. Paul, the Twin Cities metro area and surrounding cities/suburbs (Robbinsdale, Brooklyn Center, Fridley, Columbia Heights, St. Anthony, Roseville, Falcon Heights, Maplewood, Newport, South St. Paul, West St. Paul, Mendota / Mendota Heights, Richfield, Edina, St. Louis Park, Golden Valley, Plymouth, New Hope, Crystal, Brooklyn Park, Coon Rapids, Blaine, Spring Lake Park, Moundsview, Arden Hills, Shoreview, Vadnais Heights, White Bear Lake, Mahtomedi, North St. Paul, Oakdale, Woodbury, Cottage Grove, Inver Grove Heights, Eagan, Bloomington, Eden Prairie, Hopkins, Minnetonka, Maple Grove, Champlin, Anoka, Andover, Ham Lake, Lino Lakes, North Oaks, Grant, Mahtomedi, Lake Elmo, Afton, Rosemount, Apple Valley, Burnsville, Savage, Shakopee, Chanhassen, Shorewood / Greenwood / Tonka Bay, Wayzata, Orono, Medina, Corcoran, Dayton, Ramsey, Oak Grove, East Bethel, Hugo, Lakeland Shores, Lake St. Croix, Stillwater, Hastings, Prescott, Farmington, Lakeville, Prior Lake, Chaska, Victoria, Minnetrista, Mound, Independence, Greenfield, Hanover, Rogers, Otsego, Elk River, St. Francis, Bethel, Forest Lake, Vermillion, Elko, New Market, Hampton, New Trier, Carver, Jordan, Waconia, Watertown, Delano, Rockford, Buffalo, Monticello, Big Lake, Zimmerman, Princeton, Cambridge, Isanti, North Branch, Stacy, Chisago City, Lindstrom, Center City, Schafer, Taylor Falls, Elko, New Prague, Lonsdale, Belle Plaine, Cologne, Norwood Young America, Glencoe, Hutchison, Winsted, Cokato, Howard Lake, Winsted, Waverly, Montrose).