If police find drugs in a car you are riding in, you may wonder if you can face charges even if the drugs are not yours. In Minnesota, the answer is yes.
State drug laws allow prosecutors to charge any person in possession or control of illegal substances. This can include passengers or drivers of a shared vehicle, depending on the circumstances.
This article breaks down Minnesota’s drug possession laws, explains how prosecutors determine responsibility, and highlights what steps you should take if accused of a crime. Call Martine Law today.
Minnesota drug possession laws
Under Minnesota Statutes § 152.021–152.027, it is illegal to possess controlled substances without a valid prescription. Minnesota recognizes two forms of possession:
| Type of Possession | Definition |
| Actual Possession | When drugs are found directly on your body, clothing, or in something you are carrying (like a bag or pocket). |
| Constructive Possession | When drugs are found in an area under your control, such as your car, home, or shared space, even if they are not physically on you. |
Because constructive possession is broad, a person can be charged even if drugs were found in a car they do not own but were occupying.
What happens if drugs are found in a shared vehicle?
When law enforcement finds drugs in a vehicle, they will try to determine who had knowledge and control of the substances. Factors they consider include:
- Where the drugs were located (for example, on the floor near your seat or in a shared console)
- Who owns the vehicle
- Statements made by passengers or the driver
- Whether other evidence links the drugs to a specific person (like fingerprints, paraphernalia, or messages)
Even if you did not own the drugs, prosecutors can still argue constructive possession if you had access to and knowledge of the substances.
Don’t let your future be at risk if someone else carries the drugs. Call Martine Law.
Potential penalties
Minnesota drug penalties depend on the type and quantity of the controlled substance. Examples include:
- First-degree drug possession: For large quantities of controlled substances, punishable by up to 30 years in prison and significant fines.
- Lower-degree offenses: Smaller amounts or less serious drugs can still result in jail time, probation, and mandatory treatment.
- Driver’s license suspension: A conviction can also impact your driving privileges.
- Permanent record: Even a misdemeanor drug conviction can affect future employment, housing, and licensing.
Common defenses to drug charges in a shared car
Being charged does not mean you will be convicted. A defense attorney can explore strategies such as:
- Lack of knowledge: Showing that you did not know drugs were present in the car.
- No control over the location: Proving the drugs were not in your possession or an area you controlled.
- Illegal search and seizure: Challenging the traffic stop or vehicle search if your Fourth Amendment rights were violated.
- Insufficient evidence: Prosecutors must prove beyond a reasonable doubt that you possessed the drugs.
Steps to take if charged
If you are accused of drug possession from a shared vehicle, take these steps immediately:
- Stay calm and remain silent. Do not admit ownership or make statements without a lawyer.
- Hire a defense attorney. A Minnesota drug crime lawyer can review your case and fight for your rights.
- Gather evidence. Document who was in the car, where you were sitting, and any other relevant facts.
- Prepare for court. An attorney can negotiate for dismissal, reduced charges, or diversion programs.
How Martine Law can help
At Martine Law, we understand how stressful drug charges can be, especially when they involve circumstances you cannot fully control. Our team:
- Investigates your case thoroughly
- Challenges weak evidence and unlawful searches
- Advocates for reduced penalties or dismissal
- Protects your record and future opportunities