For many people charged with drug crimes, the stakes feel incredibly high, and the process daunting. It’s important to remember that a charge is not a conviction. With careful guidance and experienced legal counsel, it is possible to navigate these challenges with clarity and support. Early involvement of a defense team can help protect rights and explore options tailored to each person’s unique situation.
Even so, Minnesota drug charges carry serious consequences. Even a small amount of a controlled substance can lead to felony charges and a permanent criminal record.
Brandt Kettwick Defense is committed to protecting the rights and futures of people facing drug charges. Whether the case involves a lower-level possession offense or a more serious charge, the firm provides experienced legal counsel grounded in decades of trial experience. Clients benefit from a collaborative team approach, including seasoned attorneys and trusted experts, ensuring a thorough and strategic defense tailored to the unique circumstances of each matter. The firm’s honest, realistic guidance helps individuals understand their options and make informed decisions during a challenging time.
Minnesota and the United States classify controlled substances. Controlled Substances are categorized into 5 “schedules” and charges can vary based on amounts, location of the drugs, and whether there was an intent to sell the drugs.
Minnesota drug laws divide controlled substance crimes into five degrees, outlined in Minnesota Statutes §§ 152.021–152.025. These charges are based on the type and quantity of the drug, as well as whether the activity involves possession, sale, or manufacturing. The seriousness of the offense increases with the degree of the charge. Other factors—like location, presence of firearms, or prior convictions—can significantly impact the penalties.
This is the lowest-level drug charge in Minnesota. It typically involves possession of smaller amounts of controlled substances or the sale of Schedule IV drugs or marijuana in limited circumstances. A conviction can result in a felony record, fines, and the possibility of incarceration. For first-time offenders, there may be alternatives such as probation, treatment court, or diversion programs.
Fourth-degree charges usually involve drug sales—especially those occurring in protected areas like schools, parks, or drug treatment facilities—or intent to sell higher-risk substances. These offenses carry the possibility of a lengthy probation period or prison sentence, depending on the circumstances and criminal history. Convictions may also include significant financial penalties.
Second-degree drug charges involve larger amounts of narcotics or repeated sales, often under aggravating circumstances like prior felony convictions or sales in restricted areas. Penalties can include mandatory prison time, especially if aggravating factors are present.. In addition to the penalties noted for Third-Degree Controlled Substance Crimes, the state may also pursue asset forfeiture related to the alleged offense for any controlled substance offense
First-degree charges represent the most serious drug crimes in Minnesota. These cases often involve high-level trafficking, large-scale possession or sale, or conduct involving firearms and repeat offenses. A conviction may lead to long prison sentences, including mandatory minimum terms.The long-term consequences can be life-altering, affecting nearly every area of a person’s life.
Aggravating Factors That Can Increase Penalties
Even with these guidelines, each case is unique. Even lower-level felony charges can result in years of imprisonment and lots of collateral consequences.
Drug Court and Alternative Sentencing Options
Minnesota recognizes that substance use disorders often underlie drug charges, and that punishment alone rarely addresses the root causes that led someone to this point. Some counties offer drug court programs and diversion options designed to help people heal while avoiding the traditional criminal justice process. These programs can represent hope—a chance to address underlying struggles while preserving the future someone has worked to build.
For many of our clients, these alternatives are a better option. Drug courts combine supervision with treatment, creating a structured path toward recovery while allowing people to maintain their employment and family relationships. First-time, non-violent offenders may be eligible for stays of adjudication, which can result in charge dismissal upon successful completion of court-ordered conditions.
However, acceptance into these programs is not automatic. Prosecutors and judges consider numerous factors, including criminal history, the nature of charges, and demonstrated commitment to treatment.
People facing drug charges often arrive at our office feeling their situation is hopeless, alone, and overwhelmed with their future. The shame, fear, and isolation can be crushing. But in our decades of practice, we’ve learned that even the most desperate situations often contain possibilities of a good outcome. Some have maintained their professional licenses through careful negotiation and alternative sentencing and many clients have come out on the other side in a better place
In our initial consultations, we listen without judgment. We seek to understand not just the charges, but the person facing them. We explain options honestly and realistically, but we also help people see possibilities they may have missed.
If you’re facing drug charges in Minnesota, the team at Brandt Kettwick Defense brings over 80 years of combined experience to your corner. We have a strong track record of success in drug crime defense and are ready to help you. Our firm leverages trusted experts in toxicology, forensics, and private investigation to build the strongest possible case.
Contact Brandt Kettwick Defense today to discuss your options with an experienced drug crimes attorney.
