FELONY DRUG CRIMES

Fifth Degree Controlled Substance - Minnesota Statute 152.025

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Fifth degree possession or sale of a controlled substance is the lowest level felony charge in Minnesota. Possession of any amount of a schedule I,II,III, or IV controlled substance, (cocaine, heroin, meth, LSD, OxyContin, Xanax) except a small amount of marijuana, is a felony. Selling any amount of marijuana for money is a felony offense.

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You can also be charged with fifth degree possession if you gained control of any controlled substance by fraud or deceit. The penalty for possession or sale of a controlled substance in the fifth degree is five years prison and/or a $10,000 fine.

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Fourth Degree Controlled Substance - Minnesota Statute 152.024

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Fourth degree possession includes an hallucinogen packaged in 10 or more units, or possession of a schedule I,II, III controlled substance, except marijuana, with intent to sell. 

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Sale of a controlled substance in the fourth degree includes any schedule I,II, or III controlled substance, except marijuana, a sale of a schedule IV or V to a person under the age of 18, conspiring with someone under 18 to sell the above, or selling any amount of marijuana, except a small amount for no payment, in a school zone, public housing zone, or drug treatment facility.

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Fourth degree possession or sale is punishable by up to 15 years and/or a $100,000 fine.

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Third Degree Controlled Substance - Minnesota Statute 152.023

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Third degree possession includes:

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• ten grams or more of a narcotic other than heroin;

• 3 grams or more of heroin;

• any narcotic drug, packed in dosage units equaling 50 or more;

• any amount of a schedule I or II drug, or five doses of LSD, in a school zone, park, public housing zone or drug treatment facility;

• 10 kilograms of marijuana

• any amount of meth or amphetamine in a school zone, park, public housing zone, or drug treatment facility.

 

Third degree sale of a controlled substance includes:

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• selling a narcotic;

• selling PCP, LSD, or mushrooms, packaged in dosage units equally 10 or more;

• conspiring or employing someone under the age of 18 to sell any schedule I,II, or III non-narcotic;

• or 5 kilograms of marijuana.  

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Third degree sale or possession is punishable by up to 20 years in prison and/or a $250,000 fine.

 

Second Degree Controlled Substance - Minnesota Statute 152.022

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Second degree possession of a controlled substance includes:

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• 25 grams of meth or cocaine;

• 10 grams or more of meth or cocaine if the offense includes a firearm, or other aggravating factors(see Minnesota Statute 152.01.24);

• 6 grams of heroin;

• 50 grams of any narcotic drug other than cocaine, heroin or meth;

• 50 grams of PCP, LSD, or Amphetamine, packaged in 100 dosage units or more;

• 25 kilograms of marijuana or 100 plants.

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Second degree sale of a controlled substance includes:

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• 10 grams of a narcotic drug other than heroin;

• 3 or more grams of meth or cocaine if the offense includes a firearm, or other aggravating factors (see Minnesota Statute 152.01.24);

• 3 grams of heroin

• 10 grams or more of amphetamine, PCP, or an hallucinogen, packed in 50 or more dosage units;

• 10 kilograms of marijuana;

• any amount of a schedule I or II narcotic drug to someone under the age of 18;

• any amount of schedule I or II narcotic drug, LSD, Meth, amphetamine, or 5 kilograms of marijuana, in a school zone, park, public housing zone or drug treatment facility.

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Second degree possession or sale of a controlled substance is punishable by up to 25 years in prison and/or a $500,000 fine. A second degree conviction with one or more priors is subject to a three year mandatory minimum prison sentence.

 

First Degree Controlled Substance - Minnesota Statute 152.021

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First degree possession of a controlled substance includes:

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• 50 or more grams of meth or cocaine;

• 25 or more grams of meth or cocaine if the offense involved a firearm or 2, or other aggravating factors (see Minnesota Statute 152.01.24);

• 25 grams or more of heroin;

• 500 grams of a narcotic drug other than meth, cocaine or heroin;

• 500 grams or more of amphetamine, PCP, or a hallucinogen packaged in 500 or more dosage units;

• 50 kilograms of marijuana or 500 or more plants.

 

First Degree sale of a controlled substance includes:

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• 17 or more grams of cocaine or meth;

• 10 grams or more of cocaine or meth if the offense involved a firearm or , or other aggravating factors (see Minnesota Statute 152.01.24);

• 10 grams of heroin;

• 50 grams of a narcotic drug other than cocaine, meth or heroin;

• 50 grams or more of amphetamine, PCP, or a hallucinogen packaged into 200 or more dosage units

• 25 kilograms of marijuana;

• manufacturing any amount of methamphetamine.

 

The penalty for a first degree drug crime depends whether there are any prior offenses, whether there were aggravating factors involved, the conduct, and the type and amount of drugs involved. Minnesota law presumes that anyone convicted of a first degree drug charge is going to prison. A skilled Minnesota drug attorney may be able to overcome this legal presumption.

 

Minnesota Felony Drug Lawyer

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If you or a loved one has been charged with a felony level drug offense in Minnesota, you need to contact an experienced Minnesota drug lawyer immediately. Eric Doolittle is available 24 hours a day, seven days a week to help you beat your case, or mitigate the damage a drug conviction can do to your life.

 

Call an experienced Minnesota controlled substance defense attorney today. Contact Lighthouse Defense today for a free case consultation and get your life and case on track.