Drug Possession

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Minneapolis Drug Possession Lawyer

Defending Clients Facing Drug Possession Charges in Hennepin County 

In Minnesota, drug possession is a serious criminal offense. Since drug crimes are dealt with at the state and federal levels, penalties can range in severity. A conviction may result in jail or prison time and fines. If you have been accused of drug possession, you must immediately contact a Minneapolis drug crime attorney, who can help fight your charges and protect your rights.

Drug Possession in Minneapolis

Caplan & Tamburino Law Firm, P.A. can put more than 100 years of experience to work for you as soon as you give us a call. We are available to discuss your case 24 hours a day, 7 days a week. Our lead drug possession attorney is a board certified criminal law specialist, and both of our partners have experience as former prosecutors, so you can rest easier knowing that your case is in competent hands.

Have you been arrested on drug possession charges in Minnesota? Call Caplan & Tamburino Law Firm, P.A. today at (612) 444-5020 or contact us onlineto schedule a meeting with our Minneapolis drug possession attorney!

When Is Drug Possession a Felony in Minnesota?

In the state of Minnesota, first-degree drug possession is a felony offense. If you are convicted of this crime, you could be sentenced to 30 years in prison and fined up to $1 million.

  • Marijuana: 100 kilograms or more
  • Cocaine, Heroin & Meth: 25 grams or more
  • Other Narcotics: 500 grams or more
  • Hallucinogens: 500 doses or more

Second Degree Drug Possession

Like first-degree drug possession, second-degree drug possession is also a felony in Minnesota. If you are convicted of this crime, you could face up to 25 years in prison and up to $500,000 in fines.

  • Marijuana: 50 kilograms or more
  • Cocaine, Heroin & Meth: 6 grams or more
  • Other Narcotics: 50 grams or more
  • Hallucinogens: 100 doses or more

Third Degree Drug Possession

Third-degree drug possession is also a felony offense in Minnesota. If you are convicted of this crime, you could be sentenced to 20 years in prison and fined up to $250,000.

  • Marijuana: 10 kilograms or more
  • Cocaine, Heroin & Meth: 3 grams or more
  • Other Narcotics: 10 grams or more
  • Hallucinogens: 5 doses or more

Fourth Degree Drug Possession

You could be charged with fourth-degree possession if you possess up to 10 doses of a hallucinogen or any amount of a Schedule I, II, or III controlled substance (not including marijuana) with intent to sell. If you are convicted, you could be sentenced to 15 years in prison and fined up to $100,000.

Fifth Degree Drug Possession

If you are found to have any amount of a Schedule I, II, III, or IV drug, except for 42.5 grams of marijuana or less, you could be charged with fifth-degree drug possession. While this is the least serious possession charge, you could still face up to 5 years in prison and $10,000 in fines.


Facing charges of drug possession can be a complex issue to handle on your own. It may seem hopeless fighting, but a skilled drug possession lawyer at Caplan & Tamburino Law Firm, P.A. can help change that. But before you speak with a lawyer, you should understand what common defenses may be used against your drug possession charge.

Drugs Were Not Yours

A defense attorney can use this argument to claim that you had no clue that the drugs were in your possession. Although it is not the most vigorous defense, it’s still common. But before you speak to authorities stating your argument, speak with an attorney. We’re available 24/7 if you require legal assistance for a drug possession charge.

Unlawful Search

Under the Fourth Amendment, citizens are protected from unlawful search and seizure. Suppose you were in a situation where the authorities found evidence through an illegal search, like prying open your trunk without permission. In that case, the court will exclude that evidence at the trial.

However, if illicit drugs were found in direct sight, they can be seized and used against you in the trial.

Medical Marijuana Possession

Under Minnesota Statutes §§152.22-152.37., patients with a legal medical marijuana card may purchase medical cannabis flower from licensed providers. To prove this, you will most likely require a note from your doctor.


Entrapment happens when a defendant engages in criminal activities because they were persuaded to do so by authorities. If authorities did go far enough to harass you into committing a crime, entrapment might be your best defense. Mention your situation to your attorney to see if this may be your best defense.

Contact Our Drug Possession Attorney Today 

With your future at stake, we urge you to call a Minneapolis drug crime lawyer at our criminal defense law firm as soon as possible to begin building your defense. At Caplan & Tamburino Law Firm, P.A., our drug possession attorneys can offer you a free consultation where we will review the facts of your case and create a personalized plan of action for your defense. By retaining aggressive advocacy from a team of dedicated drug possession lawyers with more than 100 years of collective experience, you will have a strong chance of possibly reducing or eliminating your charges. 

Contact Caplan & Tamburino Law Firm, P.A.today to schedule a FREE consultation with our drug possession lawyer in Minneapolis!   



  • 1. Don’t Talk to the Police!

    It’s crucial to know that while you should remain respectful with authorities, you have the right to remain silent. This a right protected by the Fifth Amendment of the U.S. Constitution, which makes it clear individuals are protected from being compelled to be a witness against him / herself in criminal matters.

    It’s important to note that:

    • Talking will not help you avoid an arrest. If law enforcement has probable cause to arrest you, then they will arrest you.
    • By speaking, you risk making a confession or providing information that can be used to indict you, even unknowingly.
    • Even if you feel that information being discussed is “harmless,” it is still in your best interest to invoke your Fifth Amendment right.
  • 2. Ask for a Lawyer!
    As soon as you can you should elect your right to have a defense attorney present. A Minnesota criminal defense lawyer or public defender can ensure the police do not violate your rights and help you avoid saying anything incriminating during questioning. Caplan & Tamburino Law Firm is available 24 hours a day, seven days a week, so that we can be by your side whenever you need us. Call now!

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Why Choose Caplan & Tamburino Law Firm, P.A.?

  • We’ll start your case with a FREE, no-obligation consultation
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  • We have represented thousands of clients and we have handled hundreds of jury trials
  • Our attorneys have worked as prosecutors and public defenders throughout the state
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