Minnesota Second Degree Controlled Substance Offenses
Second degree sale or possession of a controlled substance is a very serious felony drug offense under Minnesota law. The crime is punishable by up to 25 years in prison and a $500,000 fine. A mandatory minimum sentence of at least three years in prison applies for people with a previous first or second-degree drug conviction on their record. A mandatory minimum sentence will also apply if a gun is illegally possessed during a sale offense. Minnesota sentencing guidelines recommend a prison sentence of 48 months for a first-time offender!
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Possession of a Controlled Substance in the Second Degree (Minn. Stat. § 152.022)
The crime of possession of a controlled substance in the second degree includes any of the following:
Possession of a narcotic mixture(s) with a total weight of 25 grams or more (10 grams or more if a gun is possessed) containing: cocaine or meth
possession of a heroin mixture with a total weight of 10 grams or more
possession of a mixture(s) with a total weight of 50 grams or more containing a narcotic that is not cocaine, heroin, or meth
possession of a mixture(s) with a total weight of 50 grams or more (or 100 or more dosage units) of amphetamine, phencyclidine (PCP), or an hallucinogen
possesses a mixture(s) with a total weight of 25 kilograms or more of marijuana
According to Minnesota law, “possession” of a drug means:
“if it was in a place under the defendant’s exclusive control to which other people did not normally have access, or if found in a place to which others had access, defendant knowingly exercised dominion and control over it.”
Sale of a Controlled Substance in the Second Degree (Minn. Stat. § 152.022)
Sale of a controlled substance in the second degree includes any of the following:
sale of a mixture(s) with a total weight of 10 grams or more (three grams or more if a gun is possessed) containing cocaine or meth
sale of a heroin mixture with a total weight of 3 grams or more
sale of a mixture with a total weight of 10 grams or more containing a narcotic drug other than cocaine, heroin, or meth
sale of a mixture(s) with a total weight of 10 kilograms or more of marijuana
sale of a mixture(s) with a total weight of 10 grams or more (or 50 or more dosage units) containing amphetamine, phencyclidine (PCP), or an hallucinogen
conspiring or employing a person under 18 to sell a schedule I or II narcotic drug
sale of any of the following in a school, park, public housing or drug treatment facility: any amount of a Schedule I or II narcotic drug, a mixture containing any amount of meth or amphetamine, or a mixture five kilograms or more of marijuana
Mandatory Minimum Sentence for Second Degree Controlled Substance Crime
If the current offense is a second (or greater) first or second-degree controlled substance offense, then Minnesota law requires a minimum sentence of three years in prison. A minimum prison sentence will also apply to a second degree drug sale offense if a firearm is illegally possessed during the sale. However, many times a skilled drug crime defense attorney can negotiate with the prosecutor or judge to have the subsequence offense sentenced as if it were a first time offense.
Contact an Experienced Minnesota Drug Defense Attorney
If you have been charged, arrested, or even just questioned about a Minnesota controlled substance offense, you need to speak with an experienced Minnesota drug crime defense attorney. The state is preparing its case against you — it’s time to start preparing your defense. The Balmer Law Office is available via its 24-hour hotline: 612-326-4175.
David Balmer
David Balmer established the Balmer Law Office with one overriding goal: provide aggressive, high-caliber criminal and DWI defense for good people facing serious charges throughout the state of Minnesota. Read More
