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Drug Statutes

Minnesota Drug Laws Overview

By Thomas C. Gallagher, Minneapolis drug lawyer
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Drug laws in Minnesota include statutes criminalizing possession and sale of some drugs.

A crime is intentional conduct, prohibited by statute, with a specific penalty.

Law enforcement officials have discretion whether, when or who to enforce the laws against.

These statutes inevitably have gaps, and ambiguities. Or they cross the line, and violate the highest law: the Constitution.

So, the courts interpret the statutes. And courts’ written decisions change and limit their effect.

Defense lawyers, judges, and juries are the last line of defense against immoral, corrupt criminal laws.

Controlled substance paradox?

The only truly “controlled” substances are legal – tobacco, alcohol, and prescription medications.

So, teenagers have a difficult time obtaining these controlled substances. But they have little difficulty obtaining “prohibited” substances like marijuana.

Marijuana laws, other drug laws in Minnesota:

Thomas Gallagher, Minneapolis Drug Law Attorney
Thomas Gallagher, Minneapolis Drug Law Attorney
No crime unless written

Marijuana and drug crimes prosecuted in Minnesota State Court, are normally based upon Minnesota Statutes (and rarely, local ordinances).

Marijuana is generally still a crime in Minnesota.

But now we have notable exceptions, including medical marijuana and hemp

Factors affecting severity of marijuana charges include sale, possession and growing.

Fair notice required

A basic principle of criminal law is notice.  A person is not accountable for violating a criminal law; unless first put on notice of which conduct is forbidden. Statutes are written notice.

In drug laws, this has also meant long lists (“Schedules”) of chemicals and substances described with enough particularity to put people on notice.

Of course this is a legal fiction – that people actually read statutes, and know what they contain.  Most people do not know what the statutes say.  Yet since they are available to the public, they could know.  And in the information age, this is more true.

Minnesota Constitution, Statutes, Rules

Minnesota Statutes are available at the Minnesota Legislature’s website. And so are the administrative rules (“Minnesota Rules”) that govern executive branch state agencies. The Minnesota Constitution is there too.

Most drug laws are in Chapter 152 of Minnesota Statutes.

Statutes give special meanings to some words.  And sometimes statutes define words in a way vastly different from commonly understood meanings.

Many Sections of Minnesota Statutes contain definitions that apply to other statutory sections; for example Section 152.01.

Felony vs. misdemeanor drug laws

Minnesota Statutes define the difference between a felony and a misdemeanor offense.

No more drug war
No more drug war

Any crime with a maximum sentence of a year-and-a-day or more prison is a Minnesota felony

A crime punishable by 91 to 365 days jail is a Minnesota gross misdemeanor

If the maximum is 90 days jail, the crime is a misdemeanor

A petty misdemeanor is “not a crime” but results in a public “conviction” record.

Most felony drug crimes are in Sections 152.021 through 152.025.  We call them “Controlled Substance crime in the __ degree,” first through fifth degrees.  First degree carries the most severe penalty.

Possession of less than one-quarter gram marijuana wax, if no similar priors; is an example of a Minnesota gross misdemeanor drug crime.

A petty misdemeanor example is possession of a small amount of (plant-form) marijuana (not in a motor vehicle).

What makes one drug crime more severe than another in Minnesota drug laws?

What factors make a felony crime more severe in terms of punishment if convicted?

  • Possession vs. sale
  • Identity of substance (i.e., cocaine vs. marijuana)
  • Quantity thresholds (i.e. “total weight of six grams or more containing cocaine)
  • Prior controlled substance convictions
  • Mandatory minimum sentencing provisions, usually based on prior “controlled substance” conviction(s)
  • State vs. federal court
Possession of a Controlled Substance in Minnesota

Crimes like possession of a controlled substance, and felony possession of marijuana, are examples of “possession crimes.”

Possession can be actual possession; or so-called constructive” possession (based on circumstantial evidence). 

At the other end of the spectrum, is federal drug trafficking.

Attorney Gallagher can help protect people swept up in large federal conspiracy investigations.   He’s been able to help those with a minimal role in the alleged “drug trafficking organization.”

Gallagher is a defense lawyer handling every type of Minnesota drug case – and has since 1988.

Less common Minnesota felony drug crimes:

Simulated Controlled Substances

Sale of a Simulated Controlled Substance, Minnesota Statutes Section 152.097, is a felony crime.

Khat

Possession or sale of Cathinone and Khat (or Qat) are now a crime.  See our Minnesota Khat Attorney page for a full explanation.

Collateral Consequences

“Collateral Consequences” of criminal cases are often worse than the narrowly defined direct consequences.  Direct consequences include prison, jail or fines and other typical conditions of probation.  Criminal drug laws cause many severe collateral consequences. 

Here are some collateral consequences related to criminalized-drug cases.

Drivers license consequences

Drivers license revocation. Minnesota Statutes §152.0271: If the sentencing court finds that the person unlawfully possessed the “controlled” substance while driving; then the court can order the license revoked for 30 days.

Perhaps worse, the driver’s license record shows this, available to insurance companies, and police during traffic stops.

A Minnesota marijuana in a motor vehicle conviction triggers a driver’s license revocation of 30 days or more; and goes on the Minnesota drivers license record. And it will, even if certified or treated as a petty misdemeanor.

Asset Forfeitures
Policing for Profit - Corvette 1965
Policing for Profit – Corvette 1965

Theft by whom?  The asset forfeiture laws for drug “crimes” are in the section for “Theft and Related Crimes.” (Minnesota Statutes §§609.52 – 609.552).

And this is appropriate; since asset forfeiture laws appear to be “legalized theft.” So the powerful government steals from the vulnerable.

The fact that those enforcing the asset forfeiture laws keep most of the money shows the corrupting influence.

Stealing from the poor:  Asset forfeiture victims are mostly low-income people, living paycheck to paycheck, with no bank account.

Legalized corruption?
jury rights

Conflict of Interest:  Minnesota drug laws give government agencies, prosecutors and police large financial incentives to take vulnerable assets; rather than reduce violent crime: Minnesota Statutes §609.5315 et seq.

They get to keep most of the money from property they seize, then auction off. Or police can drive and use the “seized” vehicles.

Police agencies get to keep most of the money that they seize from those they suspect of crimes!

Does “policing for profit” lead to injustice; and destruction of the lives of innocent people?

Instrumentality vs. proceeds of criminal activity

Minnesota Statutes §609.5311 is specific to property associated with controlled substances.  It includes an instrumentality basis for asset forfeitures.  But it also includes defenses and limitations on the scope of what the government can take.

Administrative vs. judicial forfeitures

Government forfeiture actions are generally of two types in Minnesota courts, administrative or judicial.

A judicial forfeiture begins like any other court case.  The party seeking the legal remedy has the burden of asking for it, in a Complaint.  The government files the Complaint with the court, after notice to the property’s owner.  And the case then proceeds like other “civil” cases.  See Minnesota Statutes §609.5313.

But the other type is administrative forfeiture.”  And almost all forfeiture cases today are administrative forfeitures.

“Administrative” because the statutes give power to executive branch, law enforcement agencies to take your assets under specific conditions.  After that, the law shifts the burden to you, the property owner, to seek protection from the court.

Short deadline:  The deadline for action by the property owner is short.  It’s just 60 days to prepare legal pleadings; serve and file them with the court.  And that gives advantages to the government; places heavy burdens on the citizen.

For more on Minnesota forfeiture laws and defense, see our Minnesota Drug Forfeiture Attorney page.

Statutes sometimes attempt to define “black” as being white, and vice versa.

No victim, no crime
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Whatever direct harm drug abuse causes, the only real victim of that drug abuse is the abuser himself or herself.  Any other harms are indirect.  But they use indirect harms to justify any destruction of liberty.

If governments have made a crime out of substances like alcohol or marijuana, then these are at least victimless “crimes.”

If you’re not free to choose when it doesn’t directly harm anyone else; are you a free person?

We can defend individual, human rights against abuses of state power.  Drug prohibition laws have one common theme — government empowerment to destroy individual rights.  Reason and rationality are lacking in these drug laws.

Statutes label non-violent crimes as violent crimes

The statutory definition of “Violent crime” in Minnesota Statues §609.1095, includes:

“a violation of … any provision of chapter 152 (drugs, controlled substances) punishable by a maximum sentence of 15 years or more.”

And, on firearms, Minnesota Statutes §624.712, subd. 5, defines “Crime of violence” to include felony convictions of “chapter 152 (drugs, controlled substances).” 

So, see this page for more on civil rights to firearms after a felony conviction.

Minnesota Statutes call drug “crimes” violent.   Therefore the laws treat people convicted of these “crimes” as if they are violent criminals.

But drug crimes are not, in fact, violent.

Is possessing two ounces of marijuana grown in your basement “violent?”

Other so-called collateral consequences of criminal drug laws:
  • Civil rights, lifetime loss
  • Housing, reduced availability
  • Employment, loss and reduction of employment opportunities
  • Professional and Occupational Licenses
  • Annual Income Reduction, as a result
  • Parenting rights, family integrity
  • Student Financial Aid denial, due to federal statutes
  • Health Insurance, premium increases or denials
  • Travel restrictions
  • Criminal Records, publicly available

Attorney Thomas Gallagher can help

Minnesota’s drug laws represent a medieval public policy of moral blame.  They punish people suffering from a medical problem; even those who are not chemically dependent.

Thomas Gallagher, Minneapolis Criminal Defense Attorney
Thomas Gallagher, Minneapolis Criminal Defense Attorney

They unfairly discriminate against people who use less dangerous drugs. But people who use the most dangerous drug (alcohol) are not criminalized. 

And the laws target the weak in our society in other ways.

But you can fight back.  You can defend yourself and your family.  Bring in an expert drug laws defense attorney.  Thomas Gallagher has the skills, experience and relentless effort required to level the playing field.

Question?  You can call Minneapolis Drugs Crime Defense Lawyer Thomas Gallagher at 612 333-1500