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1st Degree Controlled Substance - Possession

There are 7 different ways to be charged with 1st degree controlled substance - Possession

1. Meth

(Minn. Stat. § 152.021 Subd. 2(1), (2))

The possession of at least 50 grams of methamphetamine  is a 1st degree controlled substance crime. Additionally the use of a firearm or other aggravating factors can lower that threshold to 25 grams if the prosecutor can prove the use of a firearm or other aggravating firearms. 

3. Heroin

(Minn. Stat. § 152.021 Subd. 2(3))

The possession of at least 25 grams or 50 dosage units of heroin is a 1st degree controlled substance crime.

5. Hallucinogen

(Minn. Stat. § 152.021 Subd. 2(5))

The possession of at least 500 grams or 500 dosage units is a 1st degree controlled substance crime.

2. Cocaine

(Minn. Stat. § 152.021 Subd. 2(1), (2))

The possession of at least 50 grams of cocaine is a 1st degree controlled substance crime. Additionally the use of a firearm or other aggravating factors can lower that threshold to 25 grams if the prosecutor can prove the use of a firearm or other aggravating firearms.

4. Fentanyl

(Minn. Stat. § 152.021 Subd. 2(3))

The possession of at least 25 grams or 50 dosage units of fentanyl is a 1st degree controlled substance crime.

6. "catchall"

(Minn. Stat. § 152.021 Subd. 2(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 possession of at least 500 grams of a controlled substance in this category is a 1st degree controlled substance crime. 

7. Cannabis

(Minn. Stat. § 152.021 Subd. 2(6)

The possession of 50 Kg of cannabis flower, 10 Kg of cannabis concentrate, or 1Kg of cannabis edibles is a 1st degree controlled substance crime.

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