Minneapolis Drug Trafficking Attorney
Skilled Defense on a Wide Range of Drug Distribution Charges
Drug ‘trafficking' is not a formal state crime in Minnesota; it is defined as the possession of a large amount of drugs with intent to distribute by Minnesota courts. Regardless, it is typically a felony, and firearm-related penalties are common.
Charges can also be brought federally, these are serious and require a tough, experienced defense. At Brockton D. Hunter P.A., our team has decades of private and public criminal defense experience in a wide variety of cases, including drug crimes. We can provide quality legal counsel for clients facing any of the drug charges described on the Legal Definitions page.
Schedule a case consultation to begin building your defense. Call (612) 979-1112 or fill out this online form.
What is Drug Trafficking in Minnesota?
Drug trafficking in Minnesota generally involves the manufacturing, distribution, or sale of illegal drugs. The state of Minnesota has strict laws in place that define trafficking based on the quantity of controlled substances involved. Depending on the circumstances, a drug trafficking charge may involve the sale or transportation of drugs across state lines, within the state, or internationally.
Minnesota Statutes, Section 152.021, outlines various aspects of drug trafficking and categorizes drugs into different levels based on their potential harm, addictiveness, and medical use. Five schedules of controlled substances are identified in Minnesota. These lists describe the state's definitions of ‘narcotics,' ‘hallucinogens,' and ‘stimulants,' along with internal notes on how they are to be legally defined.
The lists are as follows:
- Schedule I: Extremely high potential for abuse, no currently accepted medicinal purpose for treatment in the U.S., and lack of accepted safety use, even under medical supervision. Examples: heroin, LSD, methaqualone
- Schedule II: High potential for abuse, potentially leading to severe psychological or physical dependence. Examples: hydromorphone (Dilaudid), methadone (Dolophine), meperidine (Demerol), oxycodone (OxyContin, Percocet), fentanyl, morphine, codeine, opium, amphetamines, methamphetamines, and PCP.
- Schedule III: Potential for abuse is less than substances listed in Schedules I and II, and it has a currently accepted medical use. Abuse of the drug may lead to moderate or low physical dependence or high psychological dependence. Steroids and certain stimulants belong to this schedule.
- Schedule IV: Low abuse potential, as compared to substances listed in Schedule III, and currently accepted medical use. Abuse of the drug may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III. Includes most types of tranquilizers and sedatives.
- Schedule V: Low potential for abuse relative to Schedule IV and consists of preparations containing limited quantities of certain narcotics. Limited quantities of certain narcotics may be used to treat cough and diarrhea (codeine).
Penalties for Drug Trafficking in Minnesota
The penalties for drug trafficking in Minnesota are serious and depend on various factors, including the type of drug, the quantity, and the defendant’s prior criminal history. Drug trafficking charges are typically classified as felony offenses, which carry harsher penalties compared to misdemeanor offenses.
First-Degree Drug Trafficking
First-degree drug trafficking charges are the most serious and typically apply to the sale or trafficking of large quantities of drugs. For example, trafficking 50 grams or more of heroin or 100 grams or more of methamphetamine can lead to first-degree charges. A conviction for first-degree drug trafficking can result in up to 30 years in prison and fines as high as $1 million.
Second-Degree Drug Trafficking
Second-degree drug trafficking charges typically involve smaller quantities of drugs but still carry severe consequences. For example, trafficking between 25 to 50 grams of heroin or 50 to 100 grams of methamphetamine may result in a second-degree charge. Individuals convicted of second-degree trafficking could face up to 25 years in prison and fines of up to $500,000.
Third-Degree Drug Trafficking
Third-degree drug trafficking charges generally involve smaller quantities than first- or second-degree trafficking, but still involve significant quantities of drugs. A conviction for third-degree trafficking can lead to up to 20 years in prison and fines up to $250,000.
Other Penalties
In addition to prison sentences and fines, individuals convicted of drug trafficking in Minnesota may face other consequences, such as:
- Seizure of property: Law enforcement agencies may seize assets associated with drug trafficking, such as vehicles, cash, or real estate.
- Parole or probation: Even if a defendant serves time in prison, parole or probation may be an option after serving a portion of the sentence.
- Criminal record: A conviction for drug trafficking will result in a permanent criminal record, which can affect future employment, housing, and other aspects of life.
How Much Marijuana Do I Need for a Distribution Charge in Minnesota?
In Minnesota, possession of 10 or more kilos of marijuana, or 25 or more related plants, is classified as ‘operating a major drug-trafficking case.' This is the type of charge/amount of marijuana traffic that could be issued:
- Under 10 grams, 5th-degree sale, a felony carrying up to 5 years in jail and a $10,000 fine
- 10-50 kg, 1st-degree sale, a felony carrying 5-30 years and a $1-1.5 million fine
- 50-100 kg, 1st-degree sale resulting in 8.75-40 years and a $1.25-3 million fine
- One hundred kg or more for a sale in the 1st degree with a sentence of 10-40 years and a fine of $1.25-6 million
Further, 2014 saw a new law quickly increase the amount of marijuana to be charged with a felony for possessing to more than 42.5 grams.
Federal Drug Trafficking Charges
Drug trafficking is a federal crime, which means you can be charged with trafficking without crossing state borders. The penalties for being convicted in federal court are almost always much harsher than in state court, with particularly harsh minimum penalties for trafficking charges involving methamphetamine.
However, a local drug trafficking lawyer may still be able to help you avoid the full extent of these charges and penalties. At Brockton D. Hunter P.A., we are available to represent those facing federal charges as well as those facing charges in local and country criminal courts. Your rights and interests are our top priorities.
Call Now for Strong Legal Advocacy
Brockton D. Hunter, P.A. is proud to serve as an ally for those who seek fair justice in Minnesota drug trafficking and distribution charges. Our Minneapolis drug crime attorneys are here to listen to the facts of your case and present your options for the best possible outcome.
Reach out to us today to speak with an experienced Minneapolis drug trafficking defense lawyer. (612) 979-1112
OUR VICTORIES
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their case might be.
-
The Result: Constitutional right to own firearms Gun Right Restoration: Right to Own Firearms Despite Felony Conviction
Our client, P.C. was convicted in the early 1990s for a felony offense which disqualified him from owning a firearm under Minnesota state and federal laws.
-
Child Custody Victory Recent Divorce Case: Recouped Over $50,000 Worth of Pre-marital Funds and Assets
In 2014 a young single mother arrived in the law office of Brockton D. Hunter, P.A. desperate to tell her side of the story in a contentious divorce proceeding against her ex-husband.
-
Not Guilty State of Minnesota v. Brady Zipoy
Not Guilty by Reason of Mental Illness verdict in State of Minnesota v. Brady Zipoy, a 2nd Degree murder case involving U.S. Marine veteran of the war in Syria, March 25, 2021.
-
State of Minnesota v. FB
Stay of Adjudication Pursuant to Veterans Restorative Justice Act
-
Not Guilty State of Minnesota v. Mustafa Shabazz
In June and July 2022 we won two back-to-back high profile jury trials, involving the same client, Mustafa Shabazz, a kids wrestling coach, who was falsely accused of sexually touching two of his wrestlers and prosecuted in two separate counties.
-
Reduced STATE OF MINNESOTA v. N.J.: Client Charged With Gross Misdemeanor Third Degree Dui Pleads to Reduced Charge of Misdeameanor Four
N. J. Was charged with Third Degree DUI in Hennepin County after a blood test showed his blood alcohol content was .25, more than 3x the legal limit.