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How Are Drug Possession Penalties Determined?

The use or distribution of illicit drugs can lead to severe penalties. In Minnesota, there are five degrees of crimes for possession of illicit drugs. A fifth-degree charge can lead to five years in prison and $10,000 in fines. A first-degree charge could mean the defendant would spend up to 30 years in prison and be fined up to $1,000,000.

Drug possession cases are not cut and dry. Courts often have to make a few considerations before a defendant is charged. Here is what you should know:

Factors that can influence a drug possession case

A defendant’s case will typically be reviewed before they are charged with drug possession. These are the factors that may influence a drug possession case:

  • Classification of drugs: Drugs have five classifications called schedules. These schedules determine a drug’s medical uses and the dangers of addiction and abuse. Higher schedules (lower numbers) hold harsher charges.
  • Quantity of drugs: If a defendant possesses a high quantity of a drug, they could face severe penalties. However, possession of a small quantity of a higher-schedule drug could also lead to severe charges.
  • Purpose of drugs: If a defendant was only in possession of a drug and had no intent of selling it, then they could face lesser charges. A defendant who was caught selling an illicit drug may suffer harsh penalties.
  • Criminal history: People who have been previously convicted of drug possession or another crime may face more penalties.

A drug possession charge can affect a person’s ability to seek education, employment or housing. It can help to reach out for legal guidance to discuss a drug possession case.

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