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3 different kinds of drug possession in Minnesota

On Behalf of | Oct 5, 2024 | Criminal Defense

Although social attitudes about drug use have changed, many laws remain the same. Those who get caught with drugs are at risk of criminal prosecution. Individuals accused of drug possession in Minnesota may face very serious criminal charges. Factors including the type of drug and the amount of the drug that police officers found can influence what charges they face.

Possession charges are often less serious charges than allegations related to manufacturing or distributing a drug. There are several different types of possession charges that Minnesota prosecutors might pursue.

Actual physical possession

If a police officer pats someone down and finds a vial of prescription medication that doesn’t belong to them in their pocket, they may face allegations of actual possession. Actual possession means that an individual had contraband on their person at the time that they encountered law enforcement professionals.

Possession with intent

Some people who have drugs in their possession intend to use those drugs for themselves. Others may possess drugs for financial gain. The intention behind possessing the drugs can alter the charges the state pursues. If the state can establish that someone possessed drugs with the intent of selling them to others, the defendant could very well face felony charges with similar penalties to trafficking or distribution charges. Sometimes, a larger amount of drugs may justify possession with intent charges. Other times, the criminal record of an individual or the paraphernalia in their possession leads to possession with intent charges.

Constructive possession

Police officers may find drugs near someone or in a location where they have access, such as in their vehicle or their shared apartment. In scenarios where police officers find drugs in shared space or immediately next to an individual, the person close to the drugs or with control over the location where officers found the drugs may face charges. The state then has to prove that they knew about those drugs and controlled what happened to them.

There are different defense strategies that can help defendants avoid convictions depending on the type of drug possession charges they’re facing. Reviewing the charges and the state’s evidence with a skilled legal team can help defendants prepare to take a criminal case to trial.