Drug Attorney in Minneapolis

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All of the Minnesota drug crimes are governed by chapter 152 of the Minnesota statutes (https://www.revisor.mn.gov/statutes/?id=152). All drugs are assigned to one of five Schedules, which can be found at Minnesota Statutes 152.02 (https://www.revisor.mn.gov/statutes/?id=152.02). For example, Marijuana and Heroin are Schedule I drugs and Cocaine is a Schedule II drug.

Drug Case Attorney

Minneapolis Drug Case Attorney

Drug offenses are determined by the specific drug and the amount of the drug. There are five degrees of drug offenses and all are felonies. Because each offense level has multiple possibilities, the following descriptions highlight the more common offenses. If you are arrested for any of these drug crimes you’ll want to contact a drug attorney in Minneapolis

First degree controlled substance crime covers the selling of mixtures of at least ten grams of cocaine, heroin, or meth or at least fifty grams of mixtures containing a narcotic other than cocaine, heroin, or meth at least once within ninety days. It also covers possession of at least one mixture of at least twenty-five grams of cocaine, heroin, or meth, or at least five hundred grams of a mixture containing a narcotic not cocaine, heroin, or meth. The sentence is up to 30 years in prison and/or up to a $1,000,000 fine. If you have a prior conviction of this crime, there is a minimum of 4 years and a maximum of 40 years in prison. See https://www.revisor.mn.gov/statutes/?id=152.021.

Controlled substance crime in the second degree includes the sale of mixtures of at least three grams of cocaine, heroin, or meth or at least ten grams of mixtures containing a narcotic other than cocaine, heroin, or meth at least once within ninety days. It also covers possession of at least one mixture of at least six grams of cocaine, heroin, or meth, or at least fifty grams of a mixture containing a narcotic not cocaine, heroin, or meth. The sentence is up to 25 years in prison and/or up to a $500,000 fine. If you have a prior conviction of this crime, there is a minimum of 3 years and a maximum of 40 years in prison. See https://www.revisor.mn.gov/statutes/?id=152.022.

Selling at least one mixture of a narcotic drug or at least one mixture at least five kilograms of marijuana within 90 days, constitutes a controlled substance crime in the third degree. This offense also includes possessing at least one mixture of at least three grams of cocaine, heroin, or meth or at least ten grams of mixtures containing a narcotic other than cocaine, heroin, or meth at least once within ninety days. The penalty for this offense is up to 20 years in prison and/or a fine of up to $250,000. If you have a prior conviction of this crime, there is a minimum of 2 years and a maximum of 30 years in prison. See https://www.revisor.mn.gov/statutes/?id=152.023.

Fourth degree controlled substance crime includes selling at least one mixture of most Schedule I, II, or III drugs, or Schedule VI or V drugs to a minor. It also includes possessing at least one mixture of most Schedule I, II, or III drugs with the intent to sell. This carries a penalty of up to 15 years in prison and/or up to a fine of $100,000. If you have a prior conviction of this crime, there is a minimum of 1 year and a maximum of 30 years in prison. See https://www.revisor.mn.gov/statutes/?id=152.024.

Fifth degree controlled substance crime carries a penalty of up to 5 years in prison and/or up to a $10,000 fine. This offense includes selling at least one mixture of more than a small amount marijuana or a Schedule IV drug. It also includes possessing at least one mixture of Schedule I, II, III, or VI drugs so long as the drug is more than a small amount of marijuana. See https://www.revisor.mn.gov/statutes/?id=152.025.

A “small amount” of marijuana is 42.5 grams or less. Possession or sale of a small amount of marijuana is a petty misdemeanor. See https://www.revisor.mn.gov/statutes/?id=152.027, subdivision 4.

Federal narcotic crimes are numerous and complex. Generally, it is illegal to knowingly or intentionally make, distribute, or possess with intent to distribute drugs. The penalty depends on the specific drug or a drug in a mixture, and the amount of the drug. The penalty could be up to life imprisonment or a $20,000,000 fine. Because these laws are so complex and each one is different, the facts of your case will determine what statute applies. To get a taste of what these laws are like, see 18 U.S.C. §841: https://www.law.cornell.edu/uscode/text/21/841.

The preceding was a summary of the law. It does not describe all of the elements of the crimes. Laws are also constantly changing. You need to contact a skilled drug attorney in Minneapolis to discuss the offenses in detail and with respect to your own particular case. Nothing in this description or anywhere on this site is legal advice.

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