Minnesota has some of the most complex drug laws in the country. Most jurisdictions simply tie penalties to the nature of the substance and the defendant’s conduct. Possessing marijuana is not as serious as selling cocaine. The Gopher State also has such divisions, but they are just the beginning.

In Minnesota, the penalty varies according to the presence (or absence) of certain aggravating factors. Prior criminal history is one such factor, as is possession of a dangerous weapon. Under Minnesota law, a golf club, beer bottle, or almost any other household object could be a “dangerous weapon,” at least in some cases.

The drug-free zone enhancements are perhaps the most common enhancements in Ramsey County. Pretty much every neighborhood in St. Paul has at least one such zone, at least from a prosecutor’s viewpoint. Such enhancements do not always hold up in court, as outlined below.

Ramsey County prosecutors have the burden of proof both on the underlying offense and on the enhancement provision. So, a St. Paul drug crime defense lawyer does not need to “prove” anything. Creating reasonable doubt on one element of the offense is enough.

Elements of the Crime

The number of drug crime arrests has declined since the early 2000s. Increasingly, many policymakers, and many jurors as well, see such matters as a health and safety issue instead of a criminal law issue. Nevertheless, such offenses are still a mainstay on Ramsey County criminal court dockets. Drug crime laws keep many police officers busy, and the harsh penalties, mostly fines, are an important revenue source.

Regardless of the specific nature of the charges, all possession and sale cases have essentially the same elements. Prosecutors must do all of the following:

• Produce the Substance: Police officers cannot seize physical evidence unless they have a search warrant or a narrow search warrant exception applies. Some common exceptions include limited stop-and-frisk searches, owner consent searches, and seized contraband in plain view. St. Paul drug crime defense lawyers often use a related procedural defense, which is the failure to properly Mirandize the suspect.
• Prove the Substance was Illegal: Officers always testify that a substance “field-tested” positive as heroin, cocaine, or whatever. But these tests are completely unscientific. Furthermore, marijuana is often indistinguishable from hemp. Marijuana is illegal, and hemp is legal. Finally, officers almost always assume that prescription drugs are illegal. Most people do not carry their prescriptions in their pockets.
• Establish Possession or Sale: Legally, possession is more than proximity. Ramsey County prosecutors must also establish knowledge and control. To prove sale, most prosecutors rely on circumstantial evidence, like money, baggies, or a large quantity of drugs. Circumstantial evidence cases are inherently weak.

If a St. Paul drug crime defense lawyer shows there is a reasonable doubt on any of these points, or that the physical evidence was illegally seized, the defendant is not guilty as a matter of law.

St. Paul Drug Crime Defense Lawyers and Section 152.01 Enhancements

This section contains two location enhancements. They only apply in limited situations, mostly the possession or sale of cocaine or methamphetamines.

First, there is the school bus enhancement. The bus must be carrying elementary or secondary school students. These students could be going to and from school or on a field trip. The enhancement applies to the bus itself, and not the bus stops.

Second, there is the correctional facility enhancement. This enhancement usually applies not only to jails and prisons, but also to probation offices. These places typically have holding cells or other such detention facilities. Generally, such places are separate from neighborhoods. So, unless the defendant was a guard or prisoner, St. Paul drug crime defense lawyers do not deal with this enhancement very often.

Section 152.029 Enhancements

This provision contains the most common drug-free zone enhancements in Minnesota. Generally, these drug-free zones extend 300 feet from the property line. That’s roughly the length of a football field.

• Park: The facility must be open to the public. So, homeowners’ association and other such parks arguably do not count. Additionally, the park must generally have at least a few pieces of play equipment, such as monkey bars or swingsets. An open, green area is not a “park” in this context, no matter what the city calls it.
• Public Housing Project: This category seems straightforward, but it can be rather vague. Some landlords accept Section 8 or other housing vouchers, and some apartment complexes have a few designated low-cost units. However, such mixed developments are usually not public housing projects,m even though prosecutors normally say otherwise.
• School: Not all schools look like schools. That’s especially true since the school could be a public or private facility, at least in many cases. Moreover, school districts usually own non-school property, like athletic fields, administrative offices, and vacant lots.
• Drug Treatment Facility: Roughly the same thing applies here. Many drug treatment facilities are inside other buildings. That’s especially true of Narcotics Anonymous and other twelve-step programs.

If the prosecutor has nothing to support the enhancement other than a location on Google Maps, a St. Paul drug crime defense lawyer can often convince the judge to throw out that portion of the case.

Rely on Experienced Attorneys

Drug crime enhancements often do not hold up in court. For a free consultation with an experienced St. Paul drug crime defense lawyer, contact Capitol City Law Group, LLC. Go online now, call us at 651-705-8580, or stop by 287 6th St E, Suite 20, St Paul, MN 55101.