Drug Crimes Lawyer in Minneapolis & Saint Paul, MN

1st Degree Controlled Substance Crime (Minn. Stat. § 152.021)

Sale (Subdivision 1):

• On one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 17 grams or more containing cocaine or (see controlled substance);
• On one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten grams or more containing cocaine or (see controlled substance) and:
  • the person or an accomplice possesses on their person or within immediate reach, or uses, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm; or
  • the offense involves two aggravating factors;
• On one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten grams or more containing heroin;
• On one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 50 grams or more containing a narcotic drug other than cocaine, heroin, or (see controlled substance);
• On one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 50 grams or more containing (see controlled substances), or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 200 or more dosage units; or
• On one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 25 kilograms or more containing marijuana or Tetrahydrocannabinols.

Possession (Subdivision 2):

• The person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing cocaine or (see controlled substance);
• The person unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing cocaine or (see controlled substance) and:
  • the person or an accomplice possesses on their person or within immediate reach, or uses, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm; or
  • the offense involves two aggravating factors;
• The person unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing heroin;
• The person unlawfully possesses one or more mixtures of a total weight of 500 grams or more containing a narcotic drug other than cocaine, heroin, or (see controlled substance);
• The person unlawfully possesses one or more mixtures of a total weight of 500 grams or more containing (see controlled substances), or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 500 or more dosage units; or
• The person unlawfully possesses one or more mixtures of a total weight of 50 kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 500 or more marijuana plants.
• For the purposes of this subdivision, the weight of fluid used in a water pipe may not be considered in measuring the weight of a mixture except in cases where the mixture contains four or more fluid ounces of fluid.

Manufacture (See Controlled Substance)

A person commits a first degree controlled substance crime if the person manufactures any amount of (see controlled substance).

2nd Degree Controlled Substance Crime (Minn. Stat. § 152.022)

Sale (Subdivision 1):

• On one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten grams or more containing a narcotic drug other than heroin;
• On one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of three grams or more containing cocaine or (see controlled substance) and:
  • the person or an accomplice possesses on their person or within immediate reach, or uses, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm; or
  • the offense involves three aggravating factors;
• On one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of three grams or more containing heroin;
• On one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten grams or more containing (see controlled substances), or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 50 or more dosage units;
• On one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten kilograms or more containing marijuana or Tetrahydrocannabinols;
• The person unlawfully sells any amount of a Schedule I or II narcotic drug to a person under the age of 18, or conspires with or employs a person under the age of 18 to unlawfully sell the substance; or
• The person unlawfully sells any of the following in a school zone, a park zone, a public housing zone, or a drug treatment facility:
  • Any amount of a Schedule I or II narcotic drug
  • One or more mixtures containing (see controlled substance); or
  • One or more mixtures of a total weight of five kilograms or more containing marijuana or Tetrahydrocannabinols.

Possession (Subdivision 2):

• The person unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing cocaine or (see controlled substance);
• The person unlawfully possesses one or more mixtures of a total weight of ten grams or more containing cocaine or (see controlled substance) and:
  • the person or an accomplice possesses on their person or within immediate reach, or uses, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm; or
  • the offense involves three aggravating factors;
• The person unlawfully possesses one or more mixtures of a total weight of six grams or more containing heroin;
• The person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing a narcotic drug other than cocaine, heroin, or (see controlled substance);
• The person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing (see controlled substances), or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 100 or more dosage units; or
• The person unlawfully possesses one or more mixtures of a total weight of 25 kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 100 or more marijuana plants.
• For the purposes of this subdivision, the weight of fluid used in a water pipe may not be considered in measuring the weight of a mixture except in cases where the mixture contains four or more fluid ounces of fluid.

3rd Degree Controlled Substance Crime (Minn. Stat. § 152.023)

Sale (Subdivision 1):

• The person unlawfully sells one or more mixtures containing a narcotic drug;
• On one or more occasions within a 90-day period the person unlawfully sells one or more mixtures containing (see controlled substances) or hallucinogen, it is packaged in dosage units, and equals ten or more dosage units;
• The person unlawfully 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 a person under the age of 18;
• The person conspires with or employs a person under the age of 18 to unlawfully sell one or more mixtures containing a controlled substance listed in Schedule I, II, or III, except a Schedule I or II narcotic drug; or
• On one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of five kilograms or more containing marijuana or Tetrahydrocannabinols.

Possession (Subdivision 2):

• On one or more occasions within a 90-day period the person unlawfully possesses one or more mixtures of a total weight of ten grams or more containing a narcotic drug other than heroin;
• On one or more occasions within a 90-day period the person unlawfully possesses one or more mixtures of a total weight of three grams or more containing heroin;
• On one or more occasions within a 90-day period the person unlawfully possesses one or more mixtures containing a narcotic drug, it is packaged in dosage units, and equals 50 or more dosage units;
• On one or more occasions within a 90-day period the person unlawfully possesses any amount of a schedule I or II narcotic drug or five or more dosage units of (see controlled substance) in a school zone, a park zone, a public housing zone, or a drug treatment facility;
• On one or more occasions within a 90-day period the person unlawfully possesses one or more mixtures of a total weight of ten kilograms or more containing marijuana or Tetrahydrocannabinols; or
• The person unlawfully possesses one or more mixtures containing (see controlled substance) in a school zone, a park zone, a public housing zone, or a drug treatment facility.
• For the purposes of this subdivision, the weight of fluid used in a water pipe may not be considered in measuring the weight of a mixture except in cases where the mixture contains four or more fluid ounces of fluid.

4th Degree Controlled Substance Crime (Minn. Stat. § 152.024)

Sale (Subdivision 1):

• The person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols;
• The person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule IV or V to a person under the age of 18;
• The person conspires with or employs a person under the age of 18 to unlawfully sell a controlled substance classified in Schedule IV or V; or
• The person unlawfully sells any amount of marijuana or Tetrahydrocannabinols in a school zone, a park zone, a public housing zone, or a drug treatment facility, except a small amount for no remuneration.

Possession (Subdivision 2):

• The person unlawfully possesses one or more mixtures containing (see controlled substance) or hallucinogen, it is packaged in dosage units, and equals ten or more dosage units; or
• The person unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols, with the intent to sell it.

5th Degree Controlled Substance Crime (Minn. Stat. § 152.025)

Sale (Subdivision 1):

• The person unlawfully sells one or more mixtures containing marijuana or tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
• The person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule IV.

Possession (subdivision 2):

• The person unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule I, II, III, or IV, except a small amount of marijuana; or
• The person procures, attempts to procure, possesses, or has control over a controlled substance by any of the following means:
  • Fraud, deceit, misrepresentation, or subterfuge;
  • Using a false name or giving false credit; or
  • Falsely assuming the title of, or falsely representing any person to be, a manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of obtaining a controlled substance.

Administer: to deliver by, or pursuant to the lawful order of a practitioner a single dose of a controlled substance to a patient or research subject by injection, inhalation, ingestion, or by any other immediate means.

Cocaine: coca leaves and any salt, compound, derivative, or preparation of coca leaves, including cocaine, the salts and isomers of cocaine, and the salts of their isomers and any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of those substances, except decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine.

Controlled substance: a drug, substance, or immediate precursor in Schedules I through V. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.

Dispense: to deliver one or more doses of a controlled substance in a suitable container, properly labeled, for subsequent administration to, or use by a patient or research subject.

Drug: includes all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either humans or other animals.

Drug paraphernalia:

• Except as otherwise provided in paragraph (b), “drug paraphernalia” means all equipment, products, and materials of any kind, except those items used in conjunction with permitted uses of controlled substances under this chapter or the Uniform Controlled Substances Act, which are knowingly or intentionally used primarily in (1) manufacturing a controlled substance, (2) injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, (3) testing the strength, effectiveness, or purity of a controlled substance, or (4) enhancing the effect of a controlled substance.
• “Drug paraphernalia” does not include the possession, manufacture, delivery, or sale of hypodermic needles or syringes in accordance with section 151.40, subdivision 2.

Immediate precursor: a substance which the state Board of Pharmacy has found to be and by rule designates as being the principal compound commonly used or produced for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit such manufacture

Manufacture: in places other than a pharmacy, means and includes the production, cultivation, quality control, and standardization by mechanical, physical, chemical, or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling, or by other process, of drugs.

Marijuana: all parts of the plant of any species of the genus Cannabis, including all agronomical varieties, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.

Mixture: a preparation, compound, mixture, or substance containing a controlled substance, regardless of purity except as provided in subdivision 16; sections 152.021, subdivision 2, paragraph (b);152.022, subdivision 2, paragraph (b); and 152.023, subdivision 2, paragraph (b).

Narcotic drug: any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

• Opium, coca leaves, opiates, and (see controlled substance);
• A compound, manufacture, salt, derivative, or preparation of opium, coca leaves, opiates, or (see controlled substance);
• A substance, and any compound, manufacture, salt, derivative, or preparation thereof, which is chemically identical with any of the substances referred to in clauses (1) and (2), except that the words “narcotic drug” as used in this chapter shall not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine.

Opiate: any dangerous substance having an addiction forming or addiction sustaining liability similar to (see controlled substance) or being capable of conversion into a drug having such addiction forming or addiction sustaining liability

Opium poppy: the plant of the species Papaver somniferum L., except the seeds thereof.

Orphan drug: a drug for a disease or condition which is rare in the United States and has been designated as an orphan drug by the Secretary of Health and Human Services as provided in the Orphan Drug Act, Public Law 92-414, as amended.

Park zone: an area designated as a public park by the federal government, the state, a local unit of government, a park district board, or a park and recreation board in a city of the first class. “Park zone” includes the area within 300 feet or one city block, whichever distance is greater, of the park boundary.

Person: includes every individual, copartnership, corporation or association of one or more individuals.

Pharmacist intern: a natural person, a graduate of the College of Pharmacy, University of Minnesota, or other pharmacy college, approved by the board, or a person satisfactorily progressing toward the degree in pharmacy required for licensure, registered by the state Board of Pharmacy, for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist or a qualified applicant, awaiting licensure.

Poppy straw: all parts, except the seeds, of the opium poppy, after mowing

Public housing zone: any public housing project or development administered by a local housing agency, plus the area within 300 feet of the property’s boundary, or one city block, whichever distance is greater

School zone:

• Any property owned, leased, or controlled by a school district or an organization operating a nonpublic school, as defined in section 123B.41, subdivision 9, where an elementary, middle, secondary school, secondary vocational center or other school providing educational services in grade one through grade 12 is located, or used for educational purposes, or where extracurricular or cocurricular activities are regularly provided;
• The area surrounding school property as described in clause (1) to a distance of 300 feet or one city block, whichever distance is greater, beyond the school property; and
• The area within a school bus when that bus is being used to transport one or more elementary or secondary school students.

Sell:

• To sell, give away, barter, deliver, exchange, distribute or dispose of to another, or to manufacture; or
• To offer or agree to perform an act listed in clause (1); or
• To possess with intent to perform an act listed in clause (1).

Small amount: as applied to marijuana means 42.5 grams or less. This provision shall not apply to the resinous form of marijuana. The weight of fluid used in a water pipe may not be considered in determining a small amount except in cases where the marijuana is mixed with four or more fluid ounces of fluid.

If I make multiple sales in two counties where can I be charged?

In a prosecution under First Degree Sale, subdivision 1, or Second Degree Sale, subdivision 1 or Third Degree Sale, subdivision 1, involving sales by the same person in two or more counties within a 90-day period, the person may be prosecuted for all of the sales in any county in which one of the sales occurred

Anytime you are charged with a drug or controlled substance crime in Minnesota, you should do two things:

1. Contact a criminal defense attorney; and,

2. Do NOT talk to the cops.

Only in extremely rare circumstances do we recommend communicating with the cops and any decision to do so should be made with the advice of counsel and with an attorney present who is experienced with drug and controlled substance charges.