Much like everywhere else, including their federal counterparts, drugs laws in Minnesota are very harsh and include severe penalties, not just criminal, but also civil collateral consequences. That is why it is extremely important to have tough relentless representation that will address all the issues that come up in these kind of cases, including search warrant executions, pre-charge counsel, assertion of 5th Amendment privilege against incrimination, immunity, vehicle forfeiture, asset forfeiture, arrest warrants, extradition, bail, pre-trial release, mandatory minimum sentencing provisions, 152.18 stays of adjudication and so forth.

Controlled substances in Minnesota are divided into 5 groups or schedules. The most serious drugs are classified as Schedule I, the least serious as Schedule V. It is exceedingly difficult to state every single drug for every single schedule, because there are so many controlled substances. Here’s just an example of part of the Schedule I drugs:

Any of the following substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation: Acetylmethadol; Allylprodine; Alphacetylmethadol; Alphameprodine; Alphamethadol; Benzethidine; Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine; Clonitazene; Dextromoramide; Dextrorphan; Diampromide; Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene; Dioxaphetyl butyrate; Dipipanone; Ethylmethylthiambutene; Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine; Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine; Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; Piritramide; Proheptazine; Properidine; Racemoramide; Trimeperidine.

However the drugs will usually fall in one of these categories:

1.      Heroin

2.      Opium

3.      Synthetic Drugs

4.      Marijuana

5.      Cocaine

6.      Hallucinogen

7.      Amphetamine

8.      Barbiturate

9.      Simulated

10.    Crack Cocaine

11.    Toxic Substances

12.    Meth

13.    Anhydrous Ammonia

Further, the severity of the crime also depends on the following factors

·         Possession or sale

·         Quantity (there is a big difference in having more or less than 6 grams of cocaine, meth or heroin)

·         Prior Drug Convictions

1.      Sale of Schedule V substance (gross misdemeanor) – Not eligible for 152.18 disposition

2.      Possession of Schedule V substance (gross misdemeanor) – Eligible for 152.18 disposition

3.      Possession of marijuana in motor vehicle (misdemeanor) - Eligible for 152.18 disposition

4.      Possession or sale of small amount of marijuana (petty) - Eligible for 152.18 disposition

The more serious offenses are:

·         Selling – Large amount of marijuana, Schedule IV drug

·         Possessing – Unlawfully possessing Schedule I, II, III, IV drugs or obtaining drugs by deceit

·         Selling – Schedule I, II, III drugs; Schedule IV or V to a minor; Marijuana in a school/park.

·         Possessing - phencyclidine or hallucinogen, packaged in ten or more dosage units, or a Schedule I, II, III drug with intent to sell.

·         Selling

o   In a 90 day period phencyclidine or hallucinogen, packaged in ten or more dosage units

o   A Schedule I, II or III controlled substance

o   Employing or conspiring with a minor

o   5 kg of marijuana over a 90 day period’

·         Possessing

o   3 grams of heroin, cocaine or meth

o   10 grams of something other than heroin, cocaine or meth

o   50 packaged units of a narcotic drug

o   10 KG of marijuana over a 90 day period

o   Meth or amphetamines in school/park zone

         Selling

o   3 grams of heroin, cocaine or meth

o   10 grams of somethng other than heroin, cocaine or meth

o   ten grams or more containing amphetamine, phencyclidine, or hallucinogen, or 50 packaged units of a narcotic drug

o   25 KG of marijuana

o   Any amount of Schedule I or II drug to a minor, or conspires or employs a minor

o   Selling the following in a school zone

§  Any amount of Schedule I or II drug

§  Methamphetamine or amphetamine

§  5 kg of marijuana

·         Possession

o   6 grams of cocaine, heroin or meth

o   50 grams of something other than cocaine, heroin or meth

o   50 grams or more containing amphetamine, phencyclidine, or hallucinogen or 100 package units of a controlled substance

o   50 KG of Marijuana

·         Selling in a 90 day period

o   10 grams or more of cocaine, heroin or meth

o   50 grams or more of something other than cocaine, heroin or meth

o   50 grams or more containing amphetamine, phencyclidine, or hallucinogen or 200 package units of a controlled substance

o   50 KG of marijuana or 25 KG in a school/park/public housing/drug treatment zone

·         Possession

o   25 grams or more of cocaine, heroin or meth

o   500 grams or more of something other than cocaine, heroin or meth

o   500 grams or more containing amphetamine, phencyclidine, or hallucinogen or 500 package units of a controlled substance

o   100 kg of marijuana

·         Meth Manufacturing – Any amount

Minnesota Statute 152.18 (what is commonly referred to as a 152.18 disposition) allows any person, with the permission of the Court, who has not previously participated in or completed a diversion program, and after trial or upon a plea of guilty is found to have violated fourth and fifth degree possession only crimes, to proceed without entering a judgment of guilty and to defer further proceedings be placed on probation upon such reasonable conditions as the Court may require. This disposition allows a person conviction of these possession crimes as well as those above noted not to have a drug conviction record for a first time offense, as long as they are successfully discharged from their probation.

As noted above in addition to the severe criminal penalties, there are also collateral consequences to be considered prior to pleading to a drug charge.

If you are convicted of most drug crimes and the court finds that you possessed or sold the controlled substances while driving a motor vehicle, then the court is required to notify the Department of Public Safety and order the license revoked for 30 days or add another 30 days if currently revoked. Being that the driving record is somewhat more public and accessible from insurance companies as well as other agencies, it is very easy for your drug conviction to become public.

Too complex to properly discuss here, but basically anything of value found in proximity of controlled substances can be seized by the government.

Lack or reduction of Employment and Housing availability

Loss of Professional or Occupational Licenses, etc, etc.