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SUBZERO CRIMINAL DEFENSE
1st Degree Controlled Substance - Sale
There are 6 different ways to be charged with 1st degree controlled substance - Sale
1. Meth
(Minn. Stat. § 152.021 Subd. 1(1), (2))
The sale of at least 17 grams of methamphetamine within 90 a day period is a 1st degree controlled substance crime. Additionally the use of a firearm or other aggravating factors can lower that threshold to 10 grams if the prosecutor can prove the use of a firearm or other aggravating firearms.
3. Heroin
(Minn. Stat. § 152.021 Subd. 1(3))
The sale of at least 10 grams or 40 dosage units of heroin within 90 a day period is a 1st degree controlled substance crime.
5. Hallucinogen
(Minn. Stat. § 152.021 Subd. 1(5))
The sale of at least 50 grams or 200 dosage units of a hallucinogen within 90 a day period is a 1st degree controlled substance crime.
2. Cocaine
(Minn. Stat. § 152.021 Subd. 1(1), (2))
The sale of at least 17 grams of cocaine within 90 a day period is a 1st degree controlled substance crime. Additionally the use of a firearm or other aggravating factors can lower that threshold to 10 grams if the prosecutor can prove the use of a firearm or other aggravating firearms.
4. Fentanyl
(Minn. Stat. § 152.021 Subd. 1(3))
The sale of at least 10 grams or 40 dosage units of fentanyl within 90 a day period is a 1st degree controlled substance crime.
6. "catchall"
(Minn. Stat. § 152.021 Subd. 1(4))
Minnesota has created a "catchall" provision that allows them to charge controlled substances that "contain a narcotic drug" but do not fall into the other categories of controlled substances. The sale of at least 50 grams of a controlled substance in this category is a 1st degree controlled substance crime.