DRUG CRIMES
St. Cloud Drug Attorney
It is an unfortunately common experience for the police to violate the constitutional rights of people who are being investigated for drug charges. We analyze the legality of any search or seizure of drugs. In many cases, a person may submit to a search of his or her person or property, but if the police don’t have probable cause to make the search, then any evidence obtained may be challengeable in court.
If you have been charged with any drug crime, or if you believe that you will be charged, speak with Minnesota drug crimes attorney Wanda Gierman immediately, before you speak to police. She can ensure that your rights are protected. She has handled many drug crimes across Minnesota and knows the best options for reducing the drug charges and in some cases completely dismissed.
First Degree Possession
Possession of a controlled substance in the 1st degree is a serious felony charge that carries as much as 30 years in prison and fines reaching $1,000,000.
Being caught with 100 grams or 500 or more dosage units of cocaine, methamphetamine, or heroin carries a mandatory commitment to prison for a minimum of 65 months or more and can be as much as 40 years and fines reaching $1,000,000.
The following amounts and substances qualify for a 1st degree possession charge:
| Substance | Amount |
| Heroin | 25 grams or more |
| Cocaine or Methamphetamine | 50 grams or more |
| Cocaine or Methamphetamine | 25 grams or more AND 1. The person or an accomplice possesses on their person or within immediate reach, or uses, weather by brandishing, displaying, threatening with or otherwise employing; a firearm. OR 2. The offense involves two aggravating factors. |
| Narcotic other than cocaine, heroin, or meth. | 500 grams or more |
| Amphetamine or hallucinogens | 500 grams or more, or 500 or more doses |
| Marijuana or Tetrahydrocannabinols | 50 kilograms or more OR Possess 500 or more marijuana plants |
Second Degree Possession
Second degree possession of a controlled substance is also a felony. This charge carries up to 25 years in prison and fines reaching $500,000.The following amounts and substances qualify as a 2nd degree possession charge:
| Substance | Amount |
| Heroin | 6 grams or more |
| Cocaine or Methamphetamine | 25 grams or more |
| Cocaine or Methamphetamine | 10 grams or more AND 1. The person or an accomplice possesses on their person or within immediate reach, or uses, weather by brandishing, displaying, threatening with or otherwise employing; a firearm. OR 2. The offense involves three aggravating factors. |
| Narcotic other than cocaine, heroin, or meth. | 50 grams or more |
| Amphetamine or hallucinogens | 50 grams or more, or 100 or more dosage units |
| Marijuana or Tetrahydrocannabinols | 50 kilograms or more OR Possess 100 or more marijuana plants |
Third Degree Possession
Third degree possession charges carry up to 20 years in prison and $250,000 in fines.
The following amounts and substances qualify as a 3rd degree possession charge if caught in possession on one or more occasions within a 90 day period:
| Substance | Amount |
| Heroin | 3 grams or more |
| Narcotic other than heroin | 10 grams or more |
| Narcotics packaged in dosage units (pills for instance) | 50 or more dosage units |
| LSD | 5 or more dosage units |
| Marijuana or Tetrahydrocannabinols | 10 kilograms or more |
| Schedule 1 or 2 narcotic drug in a school zone, park zone, public housing zone, or drug treatment facility | Any amount |
| One or more mixtures containing methamphetamine or amphetamine in a school zone, park zone, public housing zone, or drug treatment facility (90 Day restriction not applicable) | Any amount |
Fourth Degree Possession
This is also a felony that carries up to 15 years in prison and fines up to $100,000. If you are caught with 10 or more dosages of a hallucinogen you may face this charge.
Fourth degree possession charges can also include unlawfully possessing one or more mixtures containing a controlled substance classified in Schedule 1, 2, or 3, except marijuana or tetrahydrocannabinols WITH the intent to sell it.
Fifth Degree Possession
This is the least severe of all possession charges, but still carries a sentence of up to 5 years in prison and up to $10,000 in fines. If a controlled substance does not fit within the other categories, you may be charged with this crime.
A fifth degree possession can be charged as both a gross misdemeanor and a felony.
For first time offenders the following amounts qualify to be charged as a gross misdemeanor instead of a felony
| Substance | Amount |
| Heroin | Less than five hundredths of a gram (0.005) |
| Narcotic other than heroin | Less than a quarter of a gram (0.25) |
For any offender with a prior conviction of a drug crime, all amounts of any narcotic that don’t qualify for a first, second, third, or fourth degree charge will fall under a fifth degree felony charge.
With the exception of a small amount for personal consumption, marijuana possession will likely fall under a fifth degree possession charge.
Many factors come into play for drug possession charges. It is very important to discuss the details of your case with an attorney experienced in defending drug possession charges.
At Gierman Law we offer free case evaluation for all drug crime charges, call us today!
Drug Sales
Manufacturing or selling of illegal drugs is treated seriously like possession, but can have even harsher penalties. There are five degrees of drug sale offenses, each requiring less amount of the drug than possession. Factors also include if the drug was sold to a minor or in a protected zone, such as a school or park.
The consequences of being charged with a drug crime can vary greatly and many cases end with a plea bargain and drug treatment. The judge has discretion of how your specific case is resolved. Wanda Gierman has handed hundreds of drug related cases over her career and knows what to expect and how to move forward with the best resolution. Call her office to set up your free case evaluation.
