In Minnesota, the sale and/or distribution of drugs are serious crimes that carry long jail sentences and heavy fines. The Government’s “War on Drugs” campaign has made a point of prosecuting non-violent drug offenders with harsh penalties. Drug crimes are some of the most severely punished violations in Minnesota. As such, they necessitate a seasoned drug defense attorney.
Minnesota Drug Sale Charges
Most drug sales and distribution charges, with the exception of small amounts of marijuana, are felony offenses that could land you in state prison for up to a year. In addition, anything tied to the drug sale (i.e. your vehicle or house) could be forfeited by the state.
The state carries the burden of proof in drug sales and distribution cases. The prosecution must prove that you are guilty of the crime, in order to do this they will do everything in their power, such as perform a mouth swab drug test for example. You should not feel pressured into pleading guilty to these charges. Instead, speak with a Minnesota drug lawyer to develop a strategy for successfully defending your case and avoiding lengthy prison sentences and steep fines.
First Degree Drug Sale in Minnesota
A person is guilty of first degree sale of a controlled substance if they sell:
- 10 grams or more of cocaine, heroin, methamphetamine, or any combination of the three
- 50 grams or more of a narcotic drug other than cocaine, heroin, or methamphetamine
- 50 grams (or 200 dosage units) or more of amphetamine, phencyclidine, or hallucinogen
- 50 kilograms or more of marijuana or Tetrahydrocannabinols, or 25 kilograms or more of marijuana or Tetrahydrocannabinols in a school zone, park, public housing zone, or drug treatment facility
Second Degree Drug Sale
To be charged with a second degree controlled substance violation a person must sell:
- Three grams or more of cocaine, heroin, or methamphetamine
- 10 grams or more of a narcotic drug other than cocaine, heroin, or methamphetamine
- 10 grams (or 50 dosage units) or more of amphetamine, phencyclidine, or hallucinogenic drugs
- 25 kilograms or more of marijuana or Tetrahydrocannabinols
- Any amount of a Schedule I or II narcotic drug to a person under the age of 18, or conspires with a person under the age of 18 to sell the drug
- Any of the following in a school zone, park, public housing zone, or drug treatment facility:
- Any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD), methylenedioxy amphetamine, or methylenedioxymethamphetamine
- One or more mixtures containing methamphetamine or amphetamine
- Five kilograms or more of marijuana or Tetrahydrocannabinols
Third Degree Drug Sale
A person is guilty of a third degree controlled substance violation if the person:
- Unlawfully sells one or more mixtures containing a narcotic drug
- Sells 10 or more dosage units of phencyclidine or hallucinogen
- Sells one or more mixtures containing a controlled substance classified in Schedule I, II, or III, except a Schedule I or II narcotic drug, to any person under the age of 18
- Conspires with a person under the age of 18 to sell one or more mixtures containing a controlled substance listed in Schedule I, II, or III, except a Schedule I or II narcotic drug
- Sells five kilograms or more of marijuana or Tetrahydrocannabinols
Fourth Degree Drug Sale
A person may be found guilty of fourth degree sale of a controlled substance in Minnesota if the person:
- Sells a controlled substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols
- Sells one or more mixtures containing a controlled substance classified in Schedule IV or V to a person under 18 years of age
- Conspires with or employs a person under the age of 18 to unlawfully sell a controlled substance classified in Schedule IV or V
- Sells any amount of marijuana or Tetrahydrocannabinols in a school zone, park, public housing zone, or drug treatment facility, except a small amount for no remuneration
Fifth Degree Drug Sale in Minnesota
A Minnesota fifth degree controlled substance violation is possible if a person:
- Unlawfully sells one or more mixtures containing marijuana or tetrahydrocannabinols, except a small amount of marijuana (42.5 grams or less) for no remuneration
- Unlawfully sells one or more mixtures containing a controlled substance classified in Schedule IV
