5th Degree Drug Possession | MN Criminal Defense Lawyer

pillsIf you are charged with 5th degree drug possession there is much at stake, and a conviction can cause hardship to you long after you have completed any sentence. Therefore, it is essential you have an aggressive and experienced drug defense attorney like Coley Grostyan who has an extensive record of protecting his client’s legal rights and reputations against government allegations, and obtaining the best possible outcome for his clients.

What is 5th Degree Controlled Substance Possession?

A fifth degree drug possession charge includes possession of 42.5 grams or more of marijuana, or small amounts of many other illegal controlled substances such as cocaine, heroin, morphine, peyote, opium, codeine, methadone, mescaline, LSD, Psilocybin mushrooms, methamphetamine and amphetamine, ecstasy (MDMA), angel dust (PCP), and non-prescription narcotics such as Oxycontin (oxycodone), Vicodin (hydrocodone), Percocet, special K (ketamine).

Gross Misdemeanor

In Minnesota, a gross misdemeanor 5th degree drug possession means you have no prior drug conviction and are being accused of one or both of the following:

  • possessing less than 0.25 grams, or one-dosage unit, of controlled substance other than heroin; or
  • possessing less than 0.05 grams of heroin;


A felony 5th degree drug possession means you are being accused of one or both of the following:

  • possessing 0.25 or more grams, or two or more dosage units, of controlled substance other than heroin (this includes wax, hash and THC edibles)
  • possessing 0.05 grams or more of heroin with a prior drug conviction;
  • possessing 42.5 grams or more of marijuana; or
  • possessing, having control over, or obtaining or attempting to obtain a controlled substance by fraud, deceit, using a false name or other false representation of indicating lawful authority to possess drugs.

Consequences of 5th Degree Drug Possession Conviction

A gross misdemeanor charges is punishable by up to one-year in jail. If you are charged with a Felony 5th Degree Controlled Substance Possession, you may be facing up to 5 years in prison and/or a $10,000 fine.

In addition to jail and fines, a drug conviction can result in the forfeiture of cars and cash, affect your ability to find meaningful employment and safe housing, prevent you from obtaining financial aid, and can result in a driver’s license revocation if the drugs were located in a motor vehicle. Additionally, a felony conviction results in the loss of your right to possess firearms and right to vote.

Schedule a consultation and case analysis with a defense attorney

Minneapolis drug defense attorney Coley J. Grostyan is always accessible and promptly responds to the needs of his clients 24 hours a day, 7 days a week. For individualized and professional legal representation, contact Coley Grostyan today at 612-747-2254.

Coley Grostyan regularly represents individuals charged with 5th degree controlled substance possession charges, and all other drug charges in state and federal courts throughout the State of Minnesota.

5th Degree Drug Possession | MN Criminal Defense Lawyer
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