Serving Minneapolis, Saint Paul and all of Minnesota.
The State of Minnesota has some of the most severe punishments for drug-related crimes in the nation, and sale and distribution of controlled substances are some of the harshest. If you have been charged with distribution of a controlled substance in Minnesota, it is important to contact a competent defense attorney immediately. The attorneys at Gaskins Bennett Birrell Schupp LLP are knowledgeable about crimes involving distribution of controlled substances in Minnesota, and can help.
Controlled Substance Sale Crimes
Crimes involving illegal drugs are referred to as “controlled substance crimes” in Minnesota, and are labeled first through fifth degree, based on severity of the crime. Factors that determine degree level of controlled substance crime in Minnesota include:
- Total weight of controlled substance—aggregated over a 90 day period
- Type of controlled substance
- Location of sale
- Whether the sale was to a minor or involved a minor
First degree sale crimes:
- 10 grams or more of cocaine, heroin, or methamphetamine
- 50 grams or more of any narcotic other than cocaine, heroin or methamphetamine
- 50 grams or more of a hallucinogen, or 200 or more dosage units of a hallucinogen
- 50 kilograms or more of marijuana, or 25 kilograms or more of marijuana in specified areas, such as school or park zones
Second degree sale crimes:
- 3 grams or more of cocaine, heroin, or methamphetamine
- 10 grams or more of any narcotic other than cocaine, heroin or methamphetamine
- 10 grams or more of a hallucinogen, or 50 or more dosage units of a hallucinogen
- 25 kilograms or more of marijuana
- Unlawful sale of any amount of a Schedule I or II narcotic to, or conspiracy to sell with, a person under the age of 18
- Unlawful sale in specified areas, such as school or park zones, of any of the following:
- Any amount of a Schedule I or II narcotic drug, including LSD
- Any mixture containing methamphetamine
- 5 or more kilograms of marijuana
Third degree sale crimes:
- Any mixture containing a narcotic
- Any mixture containing a hallucinogen, or 10 or more dosage units of a hallucinogen
- Selling Schedule I, II, or III controlled substances (not including Schedule I or II narcotics), to a person under the age of 18
- Conspiring with a person under the age of 18 to sell Schedule I, II, or III controlled substances (not including Schedule I or II narcotics)
- 5 kilograms or more of marijuana
Fourth degree sale crimes:
- Any mixtures containing a controlled substance classified in Schedule I,II, or III, excluding marijuana
- Schedule IV or V controlled substance to a person under the age of 18
- Conspiring with a person under the age of 18 to sell a Schedule IV or V controlled substance
- Any amount of marijuana in specified areas, such as school or park zones
Fifth degree sale crimes:
- Selling marijuana
- Selling one or more controlled substances listed in Schedule IV
What You Need to Know
Penalties for selling controlled substances in Minnesota are based on criminal history score, location, weight, type of drug, whether or not minors were involved, and can range from a petty misdemeanor to a felony, with up to $1 million in fines and up to 30 years in prison. It is in your best interest to contact the Minneapolis drug crime defense lawyers at G|B|B|S right away to discuss the best course of action for you.
