Minneapolis Drug Crime Attorney
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Minnesota Drug Laws
It is illegal to possess, use, sell, distribute or traffic certain drugs in Minnesota. You can find a list of Schedule I, II, III, IV, and V illegal drugs under Minnesota Statute 152.02. Drug charges often stem from law enforcement searching a vehicle, house, or person. The 4th Amendment protects individuals from unreasonable searches and seizures, which may be a key defense in your drug case. With the help and guidance of an experienced Minneapolis drug crime attorney, you will be able to make the necessary challenges and arguments to fight your case. Attorney Trevor Lushanko has a thorough understanding of Minnesota’s drug laws and can determine the proper defenses to implement in your case. Contact Lushanko Law today for a free consultation with a strategic Minneapolis drug crime lawyer.
Minnesota classifies drug crimes under five different degrees of offenses, which are outlined in Minnesota Statutes Chapter 152. These offenses vary based upon the type and quantity of the drug and whether the offense involves the possession or sale of the drug(s). A 5th Degree drug crime carries the least severe penalties while a 1st Degree drug crime carries the most severe penalties.
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5th Degree Drugs
Under Minnesota Statue 152.025, a 5th Degree Drug charge is a Felony level offense and carries penalties up to 5 years in prison and a $10,000 fine. Below are different ways in which you could be charged with a 5th Degree Drug crime:
Possession
Possessing one or more mixture of a Schedule I, II, III, or IV controlled substance, except marijuana.
Procuring (obtaining) or attempting to procure a controlled substance by means of
Fraud, deceit, misrepresentation;
Using a false name or giving fake credit; or
Falsely representing a person authorized to obtain a controlled substance (such as a pharmacist, physician, dentist, etc.).
Sale
Selling one or more mixture of a Schedule IV controlled substance.
4th Degree Drugs
Under Minnesota Statue 152.024, a 4th Degree Drug charge is a felony level offense that is punishable by up to 15 years in prison and a $100,000 fine. You could be charged with 4th Degree Drugs for doing any of the following:
Possession
Possessing 10 or more dosage units of one or more mixture(s) containing PCP or a hallucinogen.
Possessing one or more mixture(s) of a Schedule I, II, or III controlled substance (except marijuana) with intent to sell.
Sale
Selling one or more mixture(s) of a Schedule I, II, or III controlled substance, except marijuana.
Selling one or more mixture(s) of a Schedule IV or V controlled substance to a person under the age of 18.
Conspiring with or employing a person under the age of 18 to unlawfully sell a Schedule IV or V controlled substance.
3rd Degree Drugs
Under Minnesota Statue 152.023, a 3rd Degree Drug offense is a felony level offense that carries a maximum penalty of 20 years in prison and a $250,000 fine. You may be charged with 3rd Degree Drugs if you commit any of the following actions:
Possession
Possessing 10 grams or more of a narcotic other than heroin or fentanyl on one or more occasion within a 90 day period.
Possessing 3 grams or more of heroin, 5 grams or more of fentanyl, or 25 dosage units or more of fentanyl on one or more occasion within a 90 day period.
Possessing 50 dosage units or more of a narcotic other than heroin or fentanyl, that is packaged in dosage units, on one or more occasions within a 90 day period.
Possessing a Schedule I or II narcotic, methamphetamine, amphetamine, or 5 dosage units or more of LSD, MDA, or MDMA in a school, park, public housing, or a drug treatment facility on one or more occasions within a 90 day period.
Possessing ten kilograms (22 lbs) of marijuana, 2 kilograms (4.4 lbs) of concentrated cannabis (wax), or 200 grams of edible THC on one or more occasion within a 90 day period.
Sale
Selling one or more mixture(s) containing a narcotic.
Selling 10 dosage units or more of PCP or hallucinogen, that is packaged in dosage units, on one or more occasions within a 90 day period.
Selling one or more mixture(s) of a Schedule I, II, or III controlled substance (except a Schedule I or II narcotic drug or marijuana) to a person under the age of 18.
Conspiring with or employing a person under the age of 18 to unlawfully sell a Schedule I, II, or III controlled substance (except a Schedule I or II narcotic drug or marijuana).
2nd Degree Drugs
Under Minnesota Statue 152.022, a 2nd Degree Drug charge is a felony level offense that carries a punishment up to 25 years in prison and a $500,000 fine. You may be charged with a 2nd Degree Drug offense if you do any of the following:
Possession
Possessing 25 grams or more of one or more mixture(s) containing cocaine or methamphetamine.
Possessing 10 grams or more of one or more mixture(s) containing cocaine or methamphetamine with the involvement of a firearm or 3 aggravating factors.
Possessing 6 grams or more or 50 dosage units or more of one or more mixture(s) containing heroin or fentanyl.
Possessing 50 grams or more of one or more mixture(s) containing a narcotic other than cocaine, heroin, methamphetamine, or fentanyl.
Possessing 50 grams or more or, if packaged, 100 dosage units or more of one or more mixture(s) containing amphetamine, PCP, or hallucinogen.
Possessing 25 kilograms (55 lbs) of marijuana, 5 kilograms (11 lbs) of concentrated cannabis (wax), or 500 grams of edible THC.
Sale
Selling 10 grams or more of one or more mixture(s) containing a narcotic other than heroin or fentanyl on one or more occasions within a 90 day period.
Selling 3 grams or more of one or more mixture(s) containing cocaine or methamphetamine with the involvement of a firearm or 3 aggravating factors on one or more occasions within 90 days.
Selling 3 grams or more or 12 dosage units or more of one or more mixture(s) containing heroin or fentanyl on one or more occasions within a 90 day period.
Selling 10 grams or more or, if packaged, 50 dosage units or more of one or more mixture(s) containing amphetamine, PCP, or hallucinogen on one or more occasions within a 90 day period.
Selling one or more mixture(s) of a Schedule I, II, or III controlled substance (except a Schedule I or II narcotic drug or marijuana) to a person under the age of 18.
Conspiring with or employing a person under the age of 18 to unlawfully sell a Schedule I, II, or III controlled substance (except a Schedule I or II narcotic drug or marijuana).
1st Degree Drugs
Under Minnesota Statue 152.021, a 1st Degree Drug charge is a felony level offense with a maximum penalty of up to 30 years in prison and a $1,000,000 fine. Below are the ways you may be charged with a 1st Degree Drug offense:
Possession
Possessing 50 grams or more of one or more mixture(s) containing cocaine or methamphetamine.
Possessing 25 grams or more of one or more mixture(s) containing cocaine or methamphetamine with the involvement of a firearm or 3 aggravating factors.
Possessing 25 grams or more or 100 dosage units or more of one or more mixture(s) containing heroin or fentanyl.
Possessing 500 grams or more of one or more mixture(s) containing a narcotic other than cocaine, heroin, methamphetamine, or fentanyl.
Possessing 500 grams or more or, if packaged, 500 dosage units or more of one or more mixture(s) containing amphetamine, PCP, or hallucinogen.
Possessing 50 kilograms (110 lbs) of marijuana, 10 kilograms (22 lbs) of concentrated cannabis (wax), or 1,000 grams of edible THC.
Sale
Selling 17 grams or more of one or more mixture(s) containing cocaine or methamphetamine on one or more occasions within a 90 day period.
Selling 10 grams or more of one or more mixture(s) containing cocaine or methamphetamine with the involvement of a firearm or 2 aggravating factors on one or more occasions within 90 days.
Selling 10 grams or more or 40 dosage units or more of one or more mixture(s) containing heroin or fentanyl on one or more occasions within a 90 day period.
Selling 50 grams or more of one or more mixture(s) containing a narcotic other than cocaine, heroin, methamphetamine, or fentanyl on one or more occasions within a 90 day period.
Selling 50 grams or more or, if packaged, 200 dosage units or more of one or more mixture(s) containing amphetamine, PCP, or hallucinogen on one or more occasions within a 90 day period.
Methamphetamine Manufacture
Manufacturing any amount of methamphetamine.
