The possession of illegal substances is regulated differently from state to state. In Minnesota, these items are referred to as controlled dangerous substances (CDS). There are a variety of classifications and penalties for the possession and sale of CDS, depending on the substance in question. Minnesota also extends the definition of CDS not only to street drugs, but also the ingredients used in their manufacture.
The Five CDS Classes
CDS in Minnesota are relegated into one of five classes, or “schedules” as they are known in law enforcement. The first, schedule one, is for the most addictive and harmful drugs without any medical uses. Schedules are recognized with Roman numerals, and as they increase in number, from II all the way to V, their harmfulness and addictive property declines, and their medicinal value tends to increase.
Schedules are used to assess the punishment for CDS possession if you are arrested while keeping any illegal substances on your person or in your home or vehicle.
The punishments associated with the possession of CDS vary greatly depending on the circumstances of your arrest. However, crimes are classified by five “degrees” indicating the severity of your sentence. Below are brief descriptions of how the degree of possession is determined, and the possible fines and prison time associated with each. It should be noted that marijuana sentencing follows different laws that are not discussed below.
First Degree CDS
1. Any amount or combination of the following that totals more than 25 grams: methamphetamine, cocaine, or heroin
2. Other types of narcotics in a quantity weighing over 500 grams
3. Any type of hallucinogen, phencyclidine, or other amphetamine in a quantity weighing over 500 grams
Those facing a first degree conviction could face as much as 30 years in prison, a fine upwards of $1,000,000 or any combination of both; further first degree arrests can lead to no less than 4, and as much as 40 years in prison, as well as a fine upwards of $1,000,000.
Second Degree CDS
1. Any amount or combination of the following that totals more than 6 but less than 25 grams: methamphetamine, cocaine, or heroin
2. Other types of narcotics in a quantity weighing over 50 grams but less than 500 grams
3. Any type of hallucinogen, phencyclidine, or other amphetamine in a quantity weighing over 50 grams but less than 500 grams
Those facing a second degree conviction could face as much as 25 years in prison, a fine upwards of $500,000 or any combination of both; further first degree arrests can lead to no less than 3, and as much as 40 years in prison, as well as a fine upwards of $1,000,000.
Third Degree CDS
1. Any amount or combination of the following that totals more than 3 but less than 6 grams: methamphetamine, cocaine, or heroin
2. Other types of narcotics in a quantity weighing over 10 grams but less than 50 grams
3. Any type of hallucinogen, phencyclidine, or other amphetamine in a quantity weighing over 10 grams but less than 50 grams
Possessing 5 LSD doses or any quantity of drug schedule I or II inside a park, substance abuse treatment center, school, or public housing facility. Those facing a third degree conviction could face as much as 20 years in prison, a fine upwards of $250,000 or any combination of both; further first degree arrests can lead to no less than 2, and as much as 30 years in prison, as well as a fine upwards of $250,000.
Fourth Degree CDS
1. Any mixture of hallucinogen or phencyclidine when divided into more than ten packages
2. Any mix of drug schedule I, II, or III with saleable intent
Those facing a fourth degree conviction could face as much as 5 years in prison, a fine upwards of $10,000 or any combination of both; further first degree arrests can lead to no less than 6 months, and as much as 10 years in prison, as well as a fine upwards of $20,000.
Fifth Degree CDS
1. Any quantity or combination of drug scheduled I, II, III, or IV that is not covered by the first four degrees of possession
Those facing a fifth degree conviction could face as much as 5 years in prison, a fine upwards of $10,000 or any combination of both; further first degree arrests can lead to no less than 6 months, and as much as 10 years in prison, as well as a fine upwards of $20,000.
Other Circumstances
Certain household chemicals contain the ingredients to make methamphetamine. If you are arrested with such items in an attempt to manufacture meth, you could also face up to 15 years of prison time, a fine upwards of $30,000 or any combination of both.
