A fourth-degree drug crime is still a felony in Minnesota. Under Minnesota Statutes section 152.024, a person convicted of this crime could face a 15-year prison sentence plus fines. If you’re charged with or arrested for a felony drug offense, call our trusted defense attorney immediately.
Minnesota state law is relatively broad in what it considers to be a drug crime. Many individuals have faced drug charges after controlled substances were found in their property or after they were implicated in a drug sale conversation. A simple action could lead to life-ruining consequences if you don’t have legal protection.
What Makes a 4th-Degree Controlled Substance Charge in Minnesota
4th-degree Drug Sale Charge
Minnesota law considers various acts as “selling” drugs. It’s not just trading drugs for money, it can also be agreeing to sell drugs, offering to sell them, or exchanging them for other goods or services. Here’s what counts as a fourth-degree drug sale crime:
- Selling a mixture containing a Schedule I, II, or III controlled substance without prescription, except marijuana or tetrahydrocannabinols (THC)
- Selling a mixture containing a Schedule IV or V controlled substance to a minor (person under 18 years old)
- Conspiring with a minor to sell a Schedule IV or V controlled substance
- Selling any amount of marijuana or THC in a school zone, park zone, drug treatment facility, or public housing zone.
4th-Degree Drug Possession Charge
Minnesota criminalizes two types of drug possession. One is actual possession – that is, when the controlled substance is found on your person like in your pocket, for example. The other is constructive possession, which is when the drugs are somewhere else (such as in your bedroom or storage unit) but are still deemed to be yours. Here’s what counts as a fourth-degree drug possession crime:
- Having hallucinogen or phencyclidine packed in at least 10 dosage units
- Having a mixture containing a Schedule I, II, or III controlled substance without prescription, except marijuana or THC, and intending to sell it.
Note that many of these controlled substances are prescription medication (see our section below on common drugs under each Schedule). You can legally possess prescription drugs in Minnesota as long as the prescription is under your name. Sharing or ‘lending’ a prescription drug with someone else may be considered a criminal offense. The person receiving the substance may also be charged with illegal possession.
Common Schedule Drugs in Minnesota
Schedule I Controlled Substances Examples
- Heroin
- Lysergic acid diethylamide (LSD)
- Psilocybin
- Peyote
- Cannabis
- Tetrahydrocannabinols (THC).
Schedule II Controlled Substances Examples
- Codeine
- Hydrocodone (such as Vicodin)
- Morphine
- Oxycodone (such as Oxycontin and Percocet)
- Fentanyl
- Methamphetamine and amphetamine.
Schedule III Controlled Substances Examples
- Benzphetamine (such as Didrex)
- Human growth hormones (anabolic steroids such as Depo-Testosterone)
- Ketamine.
Schedule IV Controlled Substances Examples
- Alprazolam (such as Xanax)
- Clonazepam (such as Klonopin)
- Diazepam (such as Valium)
- Lorazepam (such as Ativan)
- Dextropropoxyphene (such as Darvon and Darvocet).
Schedule V Controlled Substances Examples
- Ezogabine (such as Potiga)
- Pregabalin (such as Lyrica)
- Lacosamide (such as Vimpat)
- Meth precursor drugs such as ephedrine and pseudoephedrine.
Sentence/Jail Time for a 4th-Degree Drug Crime in Minnesota
Minnesota’s maximum sentence for a fourth-degree drug crime is 15 years in prison, coupled with a $100,000 fine.
Defenses Against a 4th-Degree Drug Charge in MN
Once you’re accused of a drug crime, it can be easy to make mistakes that further incriminate you. Contact a lawyer as soon as you can to protect you from harmful mistakes and to start crafting your defense.
Attorney Jeff Dean can help build a solid strategy to fight your charges. He may suppress any evidence against you if the authorities violated your constitutional rights. He may question the legality of your arrest, or the police’s conduct of the search and seizure. He may prevent the prosecution from proving that the drugs were yours, even if they were found on your property.
Jeff Dean has safeguarded the freedom of Minnesotans, even in cases where drugs were found in his client’s pocket. Reach out to him if you are facing a felony drug charge in Minnesota.
Contact Experienced Drug Defense Attorney Jeff Dean
Over the last 26+ years, Jeff Dean has obtained numerous case dismissals and Not Guilty verdicts for his clients. His successful track record has made him one of the most trusted criminal defense lawyers in Minneapolis. Don’t hesitate to talk to him about your controlled substance charges. Call Jeff Dean at (612) 305-4360 today.
