Minnesota Statute
A fifth-degree controlled substance offense usually involves unlawfully possessing a small amount of a controlled substance (Schedule I–IV, excluding small amounts of marijuana). It can also include sale of certain smaller quantities of drugs (for example, sale of a Schedule IV controlled substance).
Most fifth-degree drug crimes are felonies, carrying up to 5 years in prison and a $10,000 fine. However, if the offender has no prior drug convictions and the offense involved only a very small amount (under 0.25 grams in some cases), the charge can be a gross misdemeanor, punishable by up to 1 year in jail and a $3,000 fine.
Knowing possession or sale of a controlled substance; substance identification and weight; and, for sales, consideration or transfer.
Vehicle and person searches and lab protocols are frequent battlegrounds.
Most 5th-degree drug charges are felonies; limited scenarios allow gross-misdemeanor treatment. Diversion and stays of adjudication may be available depending on priors and facts.
We prioritize suppression issues, treatment-driven outcomes when appropriate, and charge reductions tied to lab and weight proof.