Drug Crimes

In Minnesota, Statute 152.01 outlines first-degree illegal possession and sale of a controlled substance.

If authorities have arrested you, or are questioning you about an alleged drug crime, remain silent and do not give a statement. Call an experienced criminal defense attorney right away.

Even if you’re innocent, ask for an attorney. This is one of the most important ways to protect yourself and increase the chance of a positive outcome in your case.

Drug possession can be either having drugs on your physical person, like in a pocket. However, it can also mean having “constructive” possession. Constructive possession means you have stored drugs in a location, like a bedroom or storage locker.

A first-degree drug possession offense can result from any of the following situations:

• Possession of a heroin (or a mixture contain heroin) and that has a weight of at least 25 grams.

• Being found with amphetamine, hallucinogen, or phencyclidine that weighs at least 500 grams.

• Possessing a mixture of methamphetamine or cocaine and has a weight of at least 50 grams. This is also applied if you have at least 25 grams and are in possession of a gun.

• Holding at least 500 grams of narcotic drug such as morphine or codeine.

• Possession of at least 50 kilograms (or 110 pounds) of marijuana.

• Ownership of at least 500 marijuana plants.

Minnesota’s definition of “selling drugs” is broader then simply exchanging drugs for money. It includes bartering, offering or agreeing to sell drugs. Likewise, the law considers possessing drugs with the intent to sell/barter, and even giving away drugs as “selling”.

Any of the following situations can lead to a first-degree drug charge. Also, for all the following situations, the sale can occur once or include multiple sales within 90 days.

• Selling methamphetamine or cocaine with a weight of at least 17 grams. Or, 10 grams if you also have a gun in your possession.

• The sale of at least 50 grams of narcotics other than meth, heroin, or cocaine.

• Selling at least 25 kilograms of marijuana.

• The sale of at least 10 grams heroin.

• Selling at least 50 grams of amphetamine, hallucinogen, or phencyclidine.

1st-degree drug crimes are punishable by up to 30 years in prison. However, this is increased to 40 if the defendant has a history of drug convictions. The maximum fine of $1,000,000.

For those with a previous drug conviction, the mandatory minimum sentence for a first-degree drug crime is four years in prison.

Aggravating Factors in a 1st Degree Drug Offense

The law regards some first-degree drug offenses as “aggravated” crimes. High quantities of drugs and possession of a firearm are examples of aggravating factors. For the purposes of Minnesota’s drug statutes, there are 10 possible aggravating factors.

• Selling drugs to someone younger than 18.

• Dealing drugs to a vulnerable adult.

• Being near the top in a distribution hierarchy.

• Possessing supplies that show evidence of a larger operation. For example, a warehouse equipped to package large amounts of drugs.

• Selling or possessing drugs to aid in gang activity.

• Having a non-drug violent crime conviction within the past 10 years.

A second-degree drug crime charge in Minnesota is a very serious felony. Like first-degree crimes, second-degree encompasses both selling and possessing drugs. Typically, these two crimes are different in that second-degree charges involve less weight. Therefore, they are slightly less serious.

Minnesota Statute 152.022 describes second-degree drug crimes. The possession subdivision includes any of these situations:

• Possessing at least 25 grams of meth or cocaine. OR, at least 10 grams if you are also caught with a gun.

• Holding at least 50 grams of a narcotic that is not meth, heroin, or cocaine.

• Being found with at least 25 kilograms of marijuana.

• Possession of at least 100 marijuana plants.

• Holding at least six grams of heroin.

• Being in possession of at least 50 grams of amphetamine, hallucinogen, or phencyclidine.

Meanwhile, the sales subdivision includes any of these activities. Importantly, the sale can occur once or spread among multiple sales within 90 days.

• Selling at least three grams of heroin.

• The sale of a narcotic drug other that weighs at least 10 grams.

• Selling at least 10 grams of amphetamine, hallucinogen, or phencyclidine.

• The sale of at least three grams of meth or cocaine, if you are also caught with a gun.

• Selling at least 10 kilograms of marijuana.

• The sale of a Schedule I or II narcotic drug from, in any quantity, to a person 17 or younger.

• Working with or employing someone 17 years old or younger to sell a Schedule I or II narcotic drug, in any quantity.

• Selling any of the items below at a school, a park, a treatment center, or a zone designated for public housing.

  • A schedule I or II narcotic drug from, in any quantity.

  • Any amount of MDMA, LSD, or ecstasy.

  • Meth in any amount.

  • Marijuana weighing at least five kilograms.

If convicted, it could result in a prison sentence of up to 25 years and a fine of up to $500,000.

There is a mandatory sentence of at least three years in prison for those with a previous drug conviction.

Third-degree drug crimes in Minnesota, encompasses both the sale and possession of drugs. These crimes are still felonies with serious penalties. However, due to the fact that they involve less drug weights, 3rd degree crimes carry lesser punishments.

Minnesota Statute 152.023 outlines this degree.

Third-degree possession crimes include these situations:

• Possession of at least 10 grams of a narcotic that is not heroin.

• Being found with heroin weighing at least three grams.

• Possessing a narcotic drug packaged in at least 50 dosage units.

• Possession of at least 10 kilograms of marijuana.

• Being found with a schedule I or II narcotic, including meth, in a school zone, a park zone, a public housing zone, or a drug treatment facility.

• Possessing 5 or more dosage units of LSD, MDA, or MDMA in a school zone, a park, a public housing zone, or a drug treatment facility.

It is also a third-degree felony to sell a controlled substance in the following ways:

• Selling a mixture containing a narcotic drug

• Offering the sale of a hallucinogen or PCP in at least 10 dosage units.

• Selling a Schedule I, II, or III drug (unless it’s a schedule I or II narcotic in, which is a second-degree sales crime) to someone younger than 18.

• Working with or employing someone younger than 18 to sell a schedule I, II, or III drug (unless it’s a narcotic in schedule I or II, which is a second-degree sales crime).

• Selling at least 5 kilograms of marijuana.

A person convicted of a 3rd-degree drug possession or sale may be sentenced to 20 years in prison and/or a fine of up to $250,000.

Fourth degree charges are the second lowest in Minnesota. However, a conviction of this crime will still be a felony with serious consequences.

Minnesota Statute 152.024, outlines fourth-degree drug crimes. You’ll notice that there are only two types of possession crimes, and four types of sale crimes.

Possessing a Schedule I, II, or III drug (not including marijuana) with the intent to sell.

• The state would likely try to prove this with circumstantial evidence, such as the defendant frequenting a place where drugs are sold. Also, the state could prove this with an admission, which is another reason a suspect should always remain silent.

• Being found with a mixture that contains a hallucinogen or PCP packaged in dosage units of at least 10.

The following situations may result in someone being found guilty of controlled substance crime in the fourth degree.

• Selling a Schedule I, II, or III controlled substance, except for marijuana.

• Offering the sale of a Schedule IV or V controlled substance to someone younger than 18.

• Working with or employing someone younger than 18 to sell a Schedule IV or V drug.

• Selling any amount of marijuana in a public housing area, near a school or park, or at drug treatment center, park (unless there was no payment and the amount was small).

This last point here raises the question of how someone could “sell” without the exchange of money. As mentioned above, Minnesota’s drug statutes rely on a broad definition of the word “sell”; see Minn. Stat. 152.02 subdivision 15a. This definition was likely created in response to the common defense of just giving drugs away instead of selling them.

The law can sentence individuals found to a maximum of 15 years in prison or a fine of not more than $100,000, or both.

According to Minnesota Statute 152.025, a fifth-degree drug crime in Minnesota can be a felony or a gross misdemeanor. This is the least serious drug crime and carries the least severe penalties.

5th-Degree Gross Misdemeanors

In order to be classified as a gross misdemeanor, the offense must fit these conditions:

• Possessing 0.25 grams or one dosage unit of a controlled substance, other than heroin.

• Being found with less than 0.05 grams of heroin.

• The offender must have no prior drug convictions from any jurisdiction.

5th-Degree Felony Drug Possession

Felony fifth-degree drug possession can include:

• Being found with any amount of Schedule I, II, III, or IV drug.

• Possessing at least 42.5 grams of marijuana.

• Being found with any amount of a controlled substance gained by misleading or fraudulent means. For example, using a fake name or pretending to be pharmacist.

5th-Degree Felony Drug Sales

Felony fifth-degree drug sales can be any of the following:

• Selling more than 42.5 grams of marijuana.

• Offering the sale of a smaller amount of marijuana for any kind of payment.

  • This is in contrast to actually giving away a small amount of marijuana, which won’t trigger a sales charge.

  • Giving away a larger amount of marijuana or virtually any other controlled substance will result in a sale charge.

• Selling any amount of a Schedule IV drug.