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Wrongful Possession Of A Controlled Substance In Minnesota
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US-000303
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Generally, for a court to find that a person had constructive possession of an object, the person must have had knowledge of the object, and as well as the ability to control it. For example, someone with keys to a safe deposit box may have constructive possession to the contents of that box.
For example, you might be arrested for attempted possession of a controlled substance if you are caught trying to buy drugs from a drug dealer, but the drug dealer does not actually give you the drugs.
Whether your constructive possession case involves illegal drugs, firearms, or anything else, the penalties can be detrimental. You could face fines, probation, imprisonment, and more, not to mention the hardships that can come from having a criminal record.
Adult-Use Cannabis In 2021, the Minnesota Legislature legalized the use and sale of low potency, hemp-derived THC edibles and drinks for adults aged 21 and older. In 2023, legalization expanded to include the use of other cannabis products by adults aged 21 and older.
Federal law prohibits the unlawful manufacturing, distribution, use, and possession of controlled substances. Penalties depend on various factors, including the type and amount of the drug involved, and whether there is intent to distribute.
Actual possession is the immediate physical control and use of a certain asset. Constructive possession is the legal possession, control, and knowledge of an asset even if one does not have it in their physical possession.
For example, if illegal drugs are found in the glove compartment of a car owned and frequently driven by the defendant, and there is evidence suggesting the defendant knew about the drugs and their illegal nature, this could constitute constructive possession.
You have “actual” possession of something when you hold it or have immediate access to it. This includes having it somewhere on your body, or in something you are holding or wearing. Example: Martin keeps a switchblade in the pocket of his jacket.
For example, if someone is holding a bag of illegal drugs in their hand, they would be considered to have actual possession of the drugs. Constructive possession, on the other hand, does not require direct physical control but involves having the ability and intention to exercise control over an object.
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"Controlled substance" means a drug, substance, or immediate precursor in Schedules I through V of section 152.02. A felony drug conviction in Minnesota bars you from legally owning a firearm for life.Minnesota makes it illegal to possess a controlled substance without a valid prescription. Penalties vary according to the class and amount of the drug. Being charged with drug possession can be a complex legal process. Possession of Schedule V controlled substance. The MN Judicial Branch has created a video to explain the criminal expungement process, including how to fill out the forms, service, and filing. A 5th degree controlled substance offense is usually charged as either a felony or a gross misdemeanor, you must speak with a lawyer as soon as possible. Contact Minneapolis drug crimes defense attorney Christopher Keyser at for a free consultation regarding any Minnesota drug charges. Seizure of Property.