In Minnesota, it is illegal to possess methamphetamines under Minnesota Statute 152.021-152.025, which outlines controlled substance offenses. Methamphetamine is classified as a Schedule II controlled substance, meaning that possession, manufacturing, or distribution of this drug can lead to severe criminal penalties. The law aims to combat the widespread issues associated with methamphetamine use, such as addiction, crime, and health risks.
This statute covers various circumstances, including possessing small amounts for personal use, possessing large quantities that imply intent to distribute, and being found in proximity to methamphetamine production. Minnesota law strictly prohibits any form of possession, with penalties escalating depending on the amount involved and prior offenses.
Apple Valley Criminal Defense Lawyer
James Blumberg is a qualified criminal defense attorney who focuses on defending clients against drug charges. With extensive experience in Minnesota, Blumberg will fight vigorously to protect your rights and seek the best possible outcome in your case.
For a consultation to discuss your case and legal options, call us today at (952) 431-7758. The initial consultation is free, so don’t hesitate to reach out.
Information Center for Possession of Methamphetamines
What Is Possession of Methamphetamines?
In Minnesota, possession of methamphetamines is a criminal offense under Minnesota Statute 152.021-152.025. The severity of the charge depends on the amount of the drug found in possession. Here are some examples:
Possession of a Small Amount
- Scenario: A person is stopped by police for a minor traffic violation. During the stop, the officer finds less than 0.25 grams of methamphetamine in the person’s vehicle. The person is charged with a fifth-degree controlled substance crime.
- Penalty: Up to 5 years in prison and a fine of up to $10,000.
Possession of a Large Quantity
- Scenario: A person is found with more than 50 grams of methamphetamine during a search of their home. This large amount suggests intent to sell or distribute, leading to a first-degree controlled substance crime charge.
- Penalty: Up to 30 years in prison and a fine of up to $1,000,000.
Possession Near a School Zone
- Scenario: A person is arrested for possessing 5 grams of methamphetamine within 1,000 feet of a school. Due to the proximity to a school zone, the penalties may be more severe.
- Penalty: Enhanced penalties, including mandatory minimum sentences.
Residue in a Meth Pipe
- Scenario: A person is found with a meth pipe containing residue in their pocket during a police search. Even though the quantity is small, the residue can lead to a possession charge.
- Penalty: Generally charged as a fifth-degree controlled substance crime, punishable by up to 5 years in prison.
Penalties
The penalties for possession of methamphetamine in Minnesota vary based on the quantity possessed and the presence of any prior drug-related convictions:
Fifth-Degree Controlled Substance Crime (For possession of any amount under 0.25 grams):
- Penalties:
- Up to 5 years in prison and
- $10,000 in fines.
Third-Degree Controlled Substance Crime (For possession of 3 grams or more):
- Penalties:
- Up to 20 years in prison and
- $250,000 in fines.
First-Degree Controlled Substance Crime (For possession of 25 grams or more or sale of 10 grams or more):
- Penalties:
- Up to 30 years in prison and
- $1,000,000 in fines.
Defenses
Several defenses may be raised to contest charges of methamphetamine possession under Minnesota law, depending on the specifics of the case. Some common defenses include:
Unlawful Search and Seizure:
- If the police obtained evidence through an illegal search without a proper warrant or probable cause, the evidence might be inadmissible in court.
Lack of Knowledge:
- A person might claim that they did not know that methamphetamine was present, such as when the drug is found in a shared vehicle or residence.
Additional Resources:
- Minnesota Statute 152.021-152.025: These statutes outline the legal consequences for possessing and distributing methamphetamine.
- Minnesota Drug Overdose Response: Information on how Minnesota law enforcement and health services address opioid use and what you can do to help prevent it.
Contact a Minnesota Criminal Defense Lawyer
If you have been charged with possession of methamphetamines, contact James Blumberg at (952) 431-7758 to begin building a defense strategy. With his experience and commitment, he can help protect your rights and seek the best possible outcome for your case.
James Blumberg Law represents clients in Sibley County, Scott County, Rice County, Carver County, Dodge County, Olmsted County, and Steele County.