Drug Sales & Drug Possession (Controlled Substance Crimes)

Drug Crimes Attorney Minnesota

Ambrose Law Firm, PLLC handles all levels of drug crimes. From Felony First Degree Sales of a Controlled Substance to Misdemeanor Possession of Marijuana in a Motor Vehicle. The Fourth Amendment’s protection against unreasonable searches and seizures can be paramount in defending controlled substance cases. Determining when a search is valid, when the cops need a warrant, and how law enforcement obtained a warrant is all crucial.

Below is more information about drug possession and drug sales crimes.

Drug Possession

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TH DEGREE POSSESSION

Controlled Substance Crime in the Fifth Degree is a Felony punishable by up to five years in prison and a $10,000 fine. A person is guilty of Fifth Degree Possession of a Controlled Substance if:

  • they have one or mixtures of a controlled substance (Schedule I, II, II, or IV), except a small amount of marijuana, or
  • they attempt to possess, or procure a controlled substance by:
    • fraud or deceit,
    • using a false name or false credit, or
    • by falsely using the name of someone authorized (pharmacist, doctor, veterinarian, wholesaler, etc.) to obtain a controlled substance
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TH DEGREE POSSESSION

Controlled Substance Crime in the Fourth Degree is a Felony punishable by up to fifteen years in prison and a $100,000 fine. A person is guilty of Fourth Degree Possession of a Controlled Substance if:

  • they have one or more mixtures containing phencyclidine or a hallucinogen, packaged in dosage units, and equals ten or more dosage units, or
  • they have one or more mixtures containing a controlled substance (Schedule I, II, or III) except marijuana or THC, with the intent to sell
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RD DEGREE POSSESSION

Controlled Substance Crime in the Third Degree is a Felony punishable by up to twenty years in prison and a $250,000 fine. A person is guilty of Third Degree Possession of a Controlled Substance if:

  • they have one or more mixtures of a total of three grams or more of cocaine, heroin, or methamphetamine on one or more occasions within a 90-day period
  • they have one or more mixtures of a total of ten grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine on one or more occasions within a 90-day period
  • they have one or more mixtures containing a narcotic drug, packaged in dosage units, and equals 50 or more dosage units on one or more occasions within a 90-day period
  • they have any amount of a schedule I or II narcotic drug or five or more dosage units of LSD, 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine in a school, park, or public housing zone, or drug treatment facility on one or more occasions within a 90-day period
  • they have one or more mixtures of a total weight of ten kilograms or more containing marijuana or THC on one or more occasions within a 90-day period
  • they have one or more mixtures containing methamphetamine or amphetamine in a school, park, or public housing zone, or drug treatment facility
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ND DEGREE POSSESSION

Controlled Substance Crime in the Second Degree is a Felony punishable by up to 25 years in prison and a $500,000 fine. A person is guilty of Second Degree Possession of a Controlled Substance if:

  • they have one or more mixtures of a total of six grams or more containing cocaine, heroin, or methamphetamine,
  • they have one or more mixtures of a total of 50 grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine,
  • they have one or more mixtures of a total of 50 grams or more containing amphetamine, phencyclidine, or hallucinogen, or if the controlled substance is packed in dosage units equaling 100 or more, or
  • they have one or more mixtures of a total weight of 50 kilos or more containing marijuana or THC
1
ST DEGREE POSSESSION

Controlled Substance Crime in the First Degree is a Felony punishable by up to 30 years in prison and a $1,000,000 fine. A person is guilty of First Degree Possession of a Controlled Substance if:

  • they have one or more mixtures of a total of 25 grams or more containing cocaine, heroin, or methamphetamine,
  • they have one or more mixtures of a total of 500 grams or more containing a narcotic other than cocaine, heroin, or methamphetamine,
  • they have one or more mixtures of a total of 500 grams or more containing amphetamine, phencyclidine, or hallucinogen, or if the controlled substance is packaged in dosage units, equaling 500 or more
  • they have one or more mixtures of a total of 100 kilograms or more containing marijuana or THC, or
  • if a person manufactures any amount of methamphetamine

Drug Sales

5
TH DEGREE SALES

Fifth Degree Controlled Substance Sales crime  is a Felony punishable by up to 5 years in prison and a $10,000 fine. A person is guilty of Fifth Degree Sales of a Controlled Substance if:

  • they sell one or more mixtures containing marijuana or THC, except a small amount of marijuana, or
  • they sell one or more mixtures containing a Schedule IV controlled substance
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TH DEGREE SALES

Fourth Degree Controlled Substance Sales crime is a Felony punishable by up to 15 years in prison and a $100,000 fine. A person is guilty of Fourth Degree Sales of a Controlled Substance if:

  • they sell one or more mixtures containing a controlled substance (Schedule I, II, or III), except marijuana or THC,
  • they sell one or more mixtures containing a controlled substance (Schedule IV or V) to a person under 18 years old,
  • they conspire with or employ a person under 18 years old to unlawfully sell a controlled substance (Schedule IV or V)
  • they sell any amount of marijuana or THC in a school, park, or public housing zone, or a drug treatment facility, except a small amount for no benefit
3
RD DEGREE SALES

Third Degree Controlled Substance Sales crime  is a Felony punishable by up to 20 years in prison and a $250,000 fine. A person is guilty of Third Degree Sales of a Controlled Substance if:

  • they sell one or more mixtures containing a narcotic,
  • they sell one or more mixtures containing phencyclidine or hallucinogen, packaged in dosage units, and equals ten or more dosages,
  • they sell one or more mixtures containing a controlled substance (Schedule I, II, or III), except Schedule I or II narcotics, to a person under 18 years old,
  • they conspire with, or employ, a person under 18 years old to sell one or more mixtures containing a controlled substance (Schedule I, II, or III), except Schedule I or II narcotics,
  • they sell one or more mixtures of five kilograms or more containing marijuana or THC
2
ND DEGREE SALES

Second Degree Controlled Substance Sales crime  is a Felony punishable by up to 25 years in prison and a $500,000 fine. A person is guilty of Second Degree Sales of a Controlled Substance if:

  • they sell one or more mixtures of three grams or more containing cocaine, heroin, or methamphetamine,
  • they sell one or more mixtures of ten grams or more containing narcotic drugs other than cocaine, heroin, or methamphetamine,
  • they sell one or more mixtures of ten grams or more containing amphetamine, hallucinogen, or phencyclidine, or if the controlled substance is packaged in dosages, equaling 50 or more dosages,
  • they unlawfully sell one or more mixtures of 25 kilograms or more containing marijuana or THC,
  • they sell any amount of a Schedule I or II narcotic drug to a person under 18 years old, or conspires with, or employs, a person under 18 to sell the substance
  • they sell any of the following in a school, park, or public housing zone, or a drug treatment facility:
    • any amount of a Schedule I or II narcotic, LSD, 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine
    • one or more mixtures containing methamphetamine or amphetamine, or
    • one or more mixtures of five kilograms or more containing marijuana or THC
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ST DEGREE SALES

First Degree Controlled Substance Sales crime  is a Felony punishable by up to 30 years in prison and a $1,000,000 fine. A person is guilty of First Degree Sales of a Controlled Substance if:

  • they sell one or more mixtures of ten grams or more containing cocaine, heroin, or methamphetamine,
  • they sell one or more mixtures of 50 grams or more containing a narcotic other than cocaine, heroin, or methamphetamine,
  • they sell one or more mixtures of 50 grams or more containing amphetamine, hallucinogen, or phencyclidine, or if the controlled substance is packaged in dosages, equaling 200 or more dosages, or
  • they unlawfully sell one or more mixtures of 50 kilograms or more containing marijuana or THC, or one or more mixtures of 25 kilograms or more containing marijuana or THC in a school, park, or public housing zone, or drug treatment facility

Theft & White Collar Crimes