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What does this mean? Drugs - 5th Degree - Possess Schedule 1,2,3,4 - Not Small Amount Marijuana (Not applicable - GOC)

Warroad, MN |
Attorney answers 4

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Generally speaking, a 5th Degree Controlled Substance crime is the lowest level (least serious) felony drug crime in the Minnesota Statutes. However, it remains a felony level offense, for which a person can be sent to prison, most often depending upon the person's prior record (or lack thereof). If you have no (or a very minimal) prior record there may possibly be a way through which you could focus on a treatment-oriented path which could result in eventual dismissal of the charges, though whether this sort of resolution would be available to you is not certain and would need to be investigated/clarified.

Since this is a felony offense (which has implications of lifetime significance), you should, without question, hire an attorney to represent you.

The content of this answer is provided for informational purposes only, and should not be construed as a source of solicitation or legal advice. An attorney-client relationship is not formed by viewing this answer or by sending electronic mail to the writer. Further, information contained herein is not to be construed as an invitation for an attorney-client relationship.


Fifth Degree Controlled Substance offense is the lowest level felony drug offense under Minnesota Statutes. Generally applies to small amounts if drugs or larger amounts if marijuana. If it is a first offense, there are various strategies one can employ that could result in the offense being dismissed and not reported to your permanent record; that us, if you plead or found guilty. It is important that you obtain legal counsel or advice before dealing with any drug charge. Given the broad nature of your question, I hope this helps.



Thank you. I'm going to ask the judge for a public defender. This marijuana was found only in my son's room. No other place in my apartment. I tested clean on the mandatory drug test. Court Monday morning.


This is 5th Degree Controlled Substance Crime, the lowest level drug crime in Minnesota. It IS, However, a Felony. If you are a first-time offender, you may be able to keep this off your record. Feel free to call us at 952-913-1421 or for a Free consult.

Nothing herein shall constitute legal advice, nor has an attorney-client relationship been formed.



Thank you. This is first offense. Warrant. Had my address. My 18 year old son's name on it. Not mine. The only place they found marijuana was his bedroom. I tested clean for drugs. I was surprised I was being charged. They charged my son with the exact same thing. 52 grams. I'm meeting an attorney tomorrow. Hope he can help


I highly suggest talking to a criminal defense attorney about your matter. They might be able to help see if there are any diversion programs available in your case.

This post does not create an attorney-client relationship and is not intended as legal advice. You should consult an attorney about your specific situation for legal advice.

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