As we continue our blog series reviewing the various degrees of drug crimes in the state of Minnesota, today we're going to look at fourth degree drug crimes and what sellers and possessors must be suspected of in order to be charged with a fourth degree drug crime. Let's begin.
Individuals guilty of selling narcotics will likely face stiffer drug charges while those who sell controlled substances could face fourth degree drug charges. Under Minnesota State Law, a person is guilty of a controlled substance crime in the fourth degree if:
the person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols;
the person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule IV or V to a person under the age of 18;
the person conspires with or employs a person under the age of 18 to unlawfully sell a controlled substance classified in Schedule IV or V; or
the person unlawfully sells any amount of marijuana or Tetrahydrocannabinols in a school zone, a park zone, a public housing zone, or a drug treatment facility, except a small amount for no remuneration.
Fourth degree possession charges are applicable to individuals who possess phencyclidine or hallucinogens. Under Minnesota State Law, a person is guilty if:
the person unlawfully possesses one or more mixtures containing phencyclidine or hallucinogen, it is packaged in dosage units, and equals ten or more dosage units; or
the person unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols, with the intent to sell it.
Consequences if convicted
While fourth degree drug crimes include consequences less severe than first, second or third degree drug crimes, this is still a felony, punishable by lengthy prison time and severe fines. If you are convicted of a fourth degree drug crime, you could face the following penalties.
a) A person convicted under subdivision 1 or 2 may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $100,000, or both.
(b) If the conviction is a subsequent controlled substance conviction, a person convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections or to a local correctional authority for not less than one year nor more than 30 years and, in addition, may be sentenced to payment of a fine of not more than $100,000.
If you are facing fourth degree drug charges, or you have been arrested on suspicion of a drug offense, it is important to remember that these are felony level charges. Speaking with an experienced attorney as soon as possible is crucial. You will be informed of your rights and be provided with the best possible defense, even if it is before formal charges are brought.
Individuals facing drug charges need experienced legal counsel. Contact Attorney Eric J. Olson for vigorous defense and unrivaled results.