What Are Controlled Substances in Minnesota?
A controlled substance is any drug, substance or immediate precursor that is defined by the Uniform Controlled Substances Act and heavily regulated by the government. It is illegal for anyone to manufacture, possess, distribute, transport or have control over substances listed in this act, except in ways that are expressly allowed.
Each substance in the Controlled Substances Act is classified into a schedule outlined by the Drug Enforcement Agency (DEA), based on its potential for abuse and addiction. The following types of drugs are examples of controlled substances:
- Opiates, including fentanyl and opium derivatives and heroin
- Hallucinogenic substances, including LSD
- Some anti-anxiety medications
- Systemic depressants
- Stimulants
- Narcotics
- Substances produced by extraction from a vegetable origin or a combination of extraction and chemical synthesis
- Anabolic steroids
- Anticonvulsants
Except for possession of 42.5 grams or less of marijuana, which is considered a petty misdemeanor, all drug crimes in Minnesota are felonies. However, the level of felony you face depends on the type of drug in your possession and the amount you had at the time of your arrest.
Minnesota Drug Schedules
The State of Minnesota divides controlled substances into five schedules, each of which have different regulatory requirements and carry different penalties. Schedule five drugs are considered the least dangerous, and schedule one drugs are considered the most dangerous (meaning they have a high potential for addiction). As a result, the harshest drug penalties are reserved for schedule one drugs.
First-Degree Drug Crimes
First-degree controlled substance crimes are the most serious drug crimes under Minnesota law and can include possession, sale crimes and the manufacture of methamphetamine.
To be prosecuted as controlled substance crimes in the first degree, sale crimes and possession crimes must involve minimum thresholds established by Minnesota law. Manufacturing any amount of methamphetamine is a first-degree drug crime. The maximum penalty for a first-degree drug crime is up to 30 years in prison and $1 million in fines.
Second-Degree Drug Crimes
The same rules apply to second-degree drug crimes. They primarily differ from first-degree drug crimes in the amount they consider to be the minimum threshold. For example, the minimum threshold for a first-degree possession crime of heroin is 25 grams; the minimum threshold for a second-degree possession crime of heroin is only three grams.
The maximum penalty for second-degree drug crimes is up to 25 years in prison and a $500,000 fine. Like first-degree penalties, second-degree penalties can be lengthier if the accused has previous drug crime convictions or if there are aggravating factors.
Third- and Fourth-Degree Drug Crimes
Third- and fourth-degree drug crimes continue to lower the minimum threshold for conviction. They also include the possession or sale of Schedule I, II and III drugs, as well as the sale of Schedule IV or V drugs to a minor. The maximum penalties for third- and fourth-degree drug crimes are 20 years in prison and a $250,000 fine and 15 years in prison and a $100,000 fine, respectively.
Fifth-Degree Drug Crimes
Fifth-degree drug crimes include the sale of any amount of marijuana or any amount of a schedule IV drug. Fifth-degree possession includes any amount of a Schedule I, II, III or IV drug, except 42.5 grams or less of marijuana, as well as an attempt to acquire any of them through fraud or misrepresentation. The maximum penalty is five years in prison and a $10,000 fine.
