Yes, you can be convicted of a drug crime in Minnesota if the drugs weren’t on you.
Minnesota law focuses on possession and control, not only on physical contact. This means you can be charged even if someone else claims the drugs, even if the drugs were found in a shared space, and even if you never touched them.
Many people face charges after officers find drugs in a car, backpack, home, or shared area. It is common for someone to say the drugs were not mine. The Minnesota law, however, requires a deeper look into control, knowledge, and circumstances.
If you were arrested with drugs and need guidance, you can also learn about drug charge defense from our experts.
Talk with Martine Law for guidance today.
What is the issue with drug charges?
Minnesota drug cases do not require police to find drugs in your pockets or hands. The law recognizes two types of possession.
Physical possession
You have the drugs on you, in your pocket, bag, or clothing.
Constructive possession
You are not holding the drugs, but you are aware of them and have control over them.
Constructive possession is the issue in most cases where someone says the drugs were not theirs. For example:
- Drugs found in a car not mine
- Drugs in a shared bedroom
- Drugs found in a roommate’s belongings
- Drugs found near you but not on you
Minnesota courts look at who had access, who had control, and whether you knew the drugs were present. A person can be charged even if another person admits ownership, depending on the facts.
Martine Law has handled many cases where multiple people were present, and the situation was not clear. The firm uses real experience and careful investigation to help clients understand where they stand.
The legal dilemma with drugs in MN
Drug crimes in Minnesota rely heavily on constructive possession. This means the prosecutor must show you knew the drugs were there and could exercise control over them. Minnesota courts have defined constructive possession through many cases, and officers use these guidelines during investigations.
The legal question becomes:
- Did you know the drugs were there
- Did you have access or control
- Were the drugs in a place only you use
- Were the drugs in a shared area
- Did your actions suggest knowledge of the drugs
Minnesota charges drug crimes under Chapter 152.
If your case involves a traffic stop or driving related issue, some people also benefit from understanding DWI law.
Here are examples of situations that lead to constructive possession charges:
Drugs found in a car
If officers find drugs under the seat or in a shared area, they may charge multiple people. Simply saying the drugs are not mine may not be enough.
Arrested with drugs nearby
If drugs are found next to you or in a place you can access, officers may assume knowledge.
Shared spaces
If the drugs are found in a home or apartment that you occupy, even if you say they belong to someone else, prosecutors may argue you had control over the space.
Minnesota courts also review evidence like fingerprints, text messages, packaging, or statements. Drug cases often depend on small details, and a skilled defense strategy can make a major difference.
What you should do if you are facing this situation
If you are accused of possessing drugs that were not on you, take careful steps. Your decisions now can shape your entire case.
Here are helpful steps to take:
- Do not admit anything to police
- Do not explain or argue at the scene
- Stay silent until you speak with a lawyer
- Write down what happened as soon as possible
- Save messages or evidence that shows your side
- Note who else had access to the location
- Avoid contact with anyone involved in the investigation
These cases can become more complicated if an assault, theft , or other charge also arises during the arrest.
If you need help now, Martine Law can walk you through what comes next.
You can contact the team right here.
Common penalties or outcomes in Minnesota
Minnesota drug crimes carry serious penalties. Outcomes depend on the amount, the type of drug, and whether prosecutors prove constructive possession.
Possible penalties can include:
- Felony charges
- Jail or prison time
- Heavy fines
- Probation with strict conditions
- Drug treatment programs
- Loss of employment opportunities
- A criminal record that affects housing and licensing
Drug convictions also affect your future in areas such as family law, custody, and employment. A Minnesota criminal defense lawyer can help you understand all possible outcomes.
Do you need a lawyer for this in Minnesota
You are not required to hire a lawyer for every drug charge. However, drug cases involving constructive possession are complex. The law is strict. Police and prosecutors use technical standards when determining possession. The court can be cold, precise, and evidence driven.
A lawyer can help by:
- Challenging constructive possession claims
- Showing others had access or control
- Reviewing flaws in the search or traffic stop
- Fighting to suppress evidence
- Negotiating reduced charges
- Presenting a defense supported by facts and law
Martine Law has a strong record supporting clients in Minnesota drug cases. Their local team knows how prosecutors build these cases and how to fight back.
You can call tel:+1(612) 979-1305 or visit us to discuss your legal options.
Key takeaways
- You can be charged even if drugs were not found on you
- Minnesota allows constructive possession charges
- Saying the drugs were not mine may not protect you
- Others claiming responsibility does not guarantee dismissal
- Evidence, access, and knowledge determine the outcome
- Early legal help can strengthen your defense
Drug cases move quickly, and small details matter. You deserve a defense that respects your story and your future. If you are dealing with these issues, contact Martine Law or call us for guidance today.