Controlled substances include prescription medications and illegal drugs. They are separated into five schedules based on their accepted medical use and potential for abuse and physical and psychological dependency. The government regulates conduct involving controlled substances. That means selling them without having the authority to do so is illegal.
Minnesota Statutes § 152.01 subd. 15a defines selling drugs as not just exchanging them for money but also doing any of the following with them:
- Giving away,
- Bartering,
- Delivering,
- Exchanging,
- Distributing,
- Disposing of,
- Possessing with the intent to do any of the above, or
- Offering to do any of the above.
Drug sale offenses are divided into 5 degrees, depending on the quantity and type of substance, as well as the characteristics of the act. The penalties that can be imposed upon a conviction will vary according to the degree of the crime.
If you have been charged with a drug offense, schedule a consultation with Brockton D. Hunter P.A. to discuss your case with one of our Minneapolis lawyers. Call (612) 979-1112 or submit an online contact form today.
The Degrees of Drug Sale Offenses
Controlled substance crimes are separated into 5 degrees. A first-degree offense is the most severe, and a first-degree is the least. Of course, the penalties will be harsher for more serious crimes. Still, receiving any criminal punishment can have lasting impacts.
Below are the different degrees of drug sale offenses in Minnesota and their associated penalties:
First-Degree Drug Sales
If you are convicted of first-degree drug sales, you could be imprisoned for up to 30 years and/or fined up to $1 million.
A first-degree offense involves selling a mixture with a weight of:
- 17 grams or more that contains cocaine or methamphetamine,
- 10 grams or more that contains cocaine or methamphetamine and
- A weapon is displayed or threatened to be used during the offense, or
- Two aggravating factors are present,
- 10 grams or more that contains heroin,
- 50 grams or more that contains a narcotic drug (other than cocaine, heroin, or methamphetamine),
- 50 grams or more that contains amphetamine, phencyclidine, or a hallucinogen, or
- 25 kilograms or more that contains marijuana
The sale of drugs can also be charged as aggravated first-degree. The offense is elevated to this level when it involves the sale of any mixture containing 100 grams or more of a substance (except marijuana) and a firearm was used or displayed.
Aggravated first-degree drug sales is punishable by 86 months to 40 years of imprisonment and/or a fine not to exceed $1 million.
Second-Degree Drug Sales
A conviction for second-degree drug sales can result in a prison term of up to 25 years and/or a fine of up to $500,000 for a first violation. A second or subsequent offense can be penalized by 3 to 40 years of imprisonment.
An act is considered second-degree drug sales if it involves a mixture with a weight of:
- 10 grams or more containing a narcotic other than heroin,
- 3 grams or more containing cocaine or methamphetamine and
- A firearm was displayed or threatened or
- Three aggravating factors were present,
- 3 grams or more containing heroin,
- 10 grams or more containing amphetamine, phencyclidine, or a hallucinogen, or
- 10 kilograms or more of marijuana
An offense also falls under this classification if the sale was for any amount of a Schedule I or II narcotic to a person under 18 years of age or the actor employed a person under 18 years of age to make the sale.
Additionally, second-degree drug sales occur when the exchange happens in a school, park, or public housing zone, or a drug treatment facility and it involves:
- Any amount of a Schedule I or II narcotic or LSD,
- A mixture containing methamphetamine or amphetamine, or
- A mixture with a weight of 5 kilograms or more containing marijuana.
Third-Degree Drug Sales
Third-degree drug sales carries a prison term of not more than 20 years and/or a fine not to exceed $250,000.
The characteristics of the offense include:
- Selling a mixture containing a narcotic drug,
- Selling a mixture containing phencyclidine or a hallucinogen,
- Selling a Schedule I, II, or III controlled substance (excluding Schedule I or II narcotics) to a person under 18 years of age,
- Having a person under 18 years of age sell a mixture containing a Schedule I, II, or III drug (excluding Schedule I or II narcotics),
- Selling a mixture with a weight of 5 kilograms or more that contains marijuana
Fourth-Degree Drug Sales
A guilty finding in a case involving fourth-degree drug sales can result in imprisonment not to exceed 15 years and/or a fine of no more than $100,000.
You could be charged with the offense if you sell a mixture containing:
- A Schedule I, II, or III drug (excluding marijuana),
- A Schedule VI or V drug to a person under 18 years of age,
- Any amount of marijuana in a school, park, or public housing zone, or a drug treatment facility.
Fifth-Degree Drug Sales
The penalties for fifth-degree drug sales include a prison term not to exceed 5 years and/or a fine of not more than $10,000.
Charges for the offense can arise when it involves the sale of a mixture containing:
- Marijuana (unless it’s a small amount for no money), or
- A Schedule IV controlled substance
Hire an Attorney for Your Case
Regardless of the degree of drug sales crime you have been charged with, it can be beneficial to have a criminal defense lawyer assist with your case. They can take care of the legalities and explain what to expect and your options.
If you’re looking for legal representation in Minneapolis, contact Brockton D. Hunter P.A. at (612) 979-1112.