1. What is 1st Degree Controlled Substances 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.

(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.

 (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.

 (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.

(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.

(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.

2. What’s at Stake?

There are many negative consequences that can come from a conviction for a controlled substance offense:

  1. ​Prison or Jail Sentence
  2. Forfeiture of Cars and Cash
  3. Court Fines
  4. Loss of Gun Rights
  5. Impact on Career
  6. Probation Violations

3. What are you up against?

If you look at the caption of the case, it says the “State of Minnesota v. [Your name]”. It’s not a fair fight. It’s one person versus the government. Learn about the various forces you are going against:

  1. ​​Prosecutors
  2. Police
  3. The Legislature

4. What’s going for you?

You don’t need to take your charges sitting down. ​Hire a skilled criminal defense attorney. Peter Lindstrom has been trained at the nation’s best seminar in defending drug crimes in Las Vegas, NV. Just an example of a few defenses in drug cases are:

  1. ​​​Proximity is not possession
  2. Not a sufficient weight
  3. Costco defense
  4. Entrapment
  5. 4th amendment violations
    1. warrantless car search​
    2. Defective search warrant
    3. Illegal stop of your car

Contact Subzero Criminal Defense and we can start working on your case as soon as today. (651-248-5142)

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