MARK D. KELLY CRIMINAL DEFENSE LLC
Minnesota Attorney with 30 Years of Experience
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DRUG POSSESSION, DRUG DISTRIBUTION, AND INTENT TO SELL
Minnesota Criminal Defense Attorney Mark D. Kelly has handled hundreds of cases
for clients who have been arrested and charged with drug possession, drug
distribution, and intent to sell. An expert drug criminal lawyer, Mark D. Kelly is
one of the most experienced lawyers for drug cases in Minnesota.
An individual can be arrested for possession of a controlled substance, including
prescriptions which are legal if properly prescribed but may be illegal if improperly
obtained, used, or possessed. Minnesota drug crimes range from simple misdemeanors,
such as possession of Marijuana, to felonies punishable by years in prison, such as
delivering over 1,000 grams of Cocaine. The penalties for possession, use, sale,
trafficking, and manufacture of various drugs range from a minimal fine or probation
to several years in prison. Defense attorneys who practice in this area need to be
skilled at defending your Constitutional rights, and must be very knowledgeable
about both state and federal laws.
In addition to prosecutions for drug offenses in state courts, many citizens face
prosecutions for federal drug offenses in Federal Courts. The consequences of a
federal drug conviction and felony drug possession are often significantly worse,
though whether or not they are first offense felony drug charges may impact the
severity. A first time offender felony drug charge may be negotiated to reduce severity.
A simple drug possession conviction in Minnesota may result in court-ordered drug treatment, county jail time, probation, community service, fines, drivers license sanctions, and court costs. Although the severity of the drug possession penalties varies with the crime, most drug charges in Minnesota have severe consequences of some
kind. This is especially true if the charged activity involves firearms in "protected zones" (like schools and parks), minors, or a prior drug conviction.
Controlled Substances - Schedule 1 - Schedule 5
Drug crimes involve violations of federal and/or state law. Under the federal Controlled Substances Act, controlled substances are classified into five categories (Schedules I to V), based on their abuse and addiction potential (weighed against their medicinal value). The most severe penalties involve drugs listed in Schedule I, with the least severe involving Schedule V.
What is a Schedule 1 Drug?
Schedule I drugs have a high potential for abuse and no accepted medical use. These drugs include heroin, LSD, and several other hallucinogenic substances.
What is a Schedule 2 Drug?
Schedule II drugs have a high potential for abuse and severe dependence, but have a currently accepted (though very limited) medical use, and include PCP, cocaine, methadone, and methamphetamine.
What is a Schedule 3 Drug?
Schedule III drugs have less potential for abuse than Schedule II drugs, a potential for moderate dependency, and an accepted medical use. Typical Schedule III drugs include anabolic steroids and morphine.
What is a Schedule 4 Drug?
Schedule IV drugs have even less potential for abuse and dependency than Schedule III drugs, and are widely accepted in medical treatment. Schedule IV drugs include Xanax, Valium, and other tranquilizers and sedatives.
What is a Schedule 5 Drug?
Schedule V drugs have a low potential for abuse, limited risk for dependency, and widely accepted medical uses. These include drugs like cough medicines with codeine. However, these drugs cannot be legally purchased in bulk.