Drug Crimes

What is a Controlled Substance in Minnesota?

Mankato drug lawyer drug Attorney

A controlled substance is a drug, substance, or immediate precursor to a Schedule I-V drug.  Minnesota has implemented Drug

Schedules to classify and categorize similarly situated drugs.

A controlled substance does not in itself mean a drug is illegal, but rather is a term for a defined Scheduled Drug.

A good example of this is if an individual has a prescription for Xanax.  Xanax is a controlled substance (Schedule IV), but as long it is legally possessed and used as prescribed it is not illegal.

Minnesota has established five controlled substance schedules.  They are known as Schedules I, II, III, IV, and V. The schedules consist of the substances listed in this section by whatever official name, common or usual name, chemical name, or trade name designated.

The common drugs for each schedule are as follows:

I.           Heroin, LSD, mescaline and peyote, amphetamine variants, marijuana, other hallucinogens.

II.        Opium, morphine, codeine, methadone, cocaine, barbiturates.

III.       Anabolic steroids, opium, codeine, methadone, cocaine, barbiturates.

IV.       Barbiturates, benzodiazepines, chloral hydrates, other narcotics, stimulants and depressants.

V.        Opium, codeine, other narcotics and depressants.

It is important to note that due to designer drugs being readily available via the internet or smoke shops, the schedules also allow for manmade or chemically modified versions of drugs.

Level of Charge

Minnesota has five felony level charges for drug sales or possession; a First Degree is the most serious drug crime in Minnesota with a Fifth Degree being the least.

First Degree Drug Charge in Minnesota

A First Degree Drug charge for a sale would consist of one of the following:

  • 10+ grams cocaine, heroin, or methamphetamine;
  • 50+ grams of other narcotic drug;
  • 200+ doses hallucinogen; or
  • 50+ kilos marijuana or 25 kilos in school, park, or public housing zone.

A First Degree Possession would require one of the following:

  • 25+ grams cocaine, heroin;
  • methamphetamine, 500+ grams of other narcotic drug;
  • 500+ doses hallucinogen; or
  • 100+ kilos marijuana.

If convicted of a First Degree Sale or Possession crime, the penalty is 0-30 years of prison with, four year minimum if prior drug felony; up to a $1 million fine and/or imprisonment of 86 to 158 months.

Second Degree Drug Charge in Minnesota

To be charged with a Second Degree Drug Sale the State must have evidence of either:

  • 3+ grams cocaine, heroin, or methamphetamine;
  • 10+ grams of other narcotic drug;
  • 50 doses hallucinogen, 25+ kilos marijuana; or
  • sale of Schedule I or II narcotic drug either to a person under 18 or in a school zone, park zone, public housing zone, or drug treatment center.

A Second Degree Possession requires:

  • 6+ grams cocaine, heroin, or methamphetamine or,
  • 50+ grams of other narcotic drug or,
  • 100+ doses hallucinogen or,
  • 50+ kilos marijuana

If you are convicted of a Second Degree Sale or Possession is a penalty 0-25 years of imprisonment, three year minimum if prior drug felony; up to $500,000 fine.

Third Degree Drug Charge in Minnesota

A Third Degree Drug Sale is:

  • any amount of narcotic drug; or
  • 10+ doses hallucinogen, 5+ kilos marijuana, or sale of any Schedule I or II drug or marijuana to a person under 18 or employment of person under 18 to sell same, any amount of cocaine or heroin.

A Third Degree Drug Possession is:

  • 3+ grams cocaine, heroin, or methamphetamine;
  • 10+ grams of other narcotic drug;
  • 10+ kilos marijuana; or
  • 5 doses of a Schedule I or II narcotic drug in a school zone, park zone, public housing zone, or drug treatment center.

The Penalty for a Third Degree Drug charge is 0-20 years of prison, two year minimum if prior drug felony and up to $250,000 fine.

Fourth Degree Drug Charge in Minnesota

A Fourth Degree Drug Sale is the sale of any:

  • Schedule I, II, or III drug (except marijuana);or
  • The sale of marijuana in a school zone, park zone, or public housing zone or any Schedule IV or V drug to person under 18 or conspiracy for the same.

A Fourth Degree Drug Possession charge would consist of either:

  • 10 doses hallucinogen; or
  • any amount of Schedule I, II, or III controlled substance (including GHB/not including marijuana) with intent to sell.

The Penalty for a Fourth Degree Drug Possession is 0-15 years of prison, with a one year minimum if prior drug felony and up to $100,000 fine.

Fifth Degree Drug Charge in Minnesota

A Fifth Degree Drug Sale is any amount of marijuana over 42.5 grams, or any Schedule IV drug.

A Fifth Degree Possession is any amount of Schedule I, II, III, or IV drugs except 42.5 grams or less of marijuana.

The Penalty for a Fifth Degree Drug crime is probation or imprisonment 0-5 years and/or a $10,000 fine.

Additional Information

Contact A Mankato Drug Attorney Today

A drug charge is a serious and life changing offence.  You need an attorney who is knowledgeable, aggressive and willing to fight for your freedom.  Contact the criminal defense attorneys are Rosengren Kohlmeyer today at (507) 625-5000.

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