1. What is 2nd Degree Controlled Substance – Possession?
There are 7 different ways to be charged with 2nd degree controlled substance – Possession
(1) Meth – Minn. Stat. § 152.022 Subd. 2(1), (2)
The possession of at least 25 grams of methamphetamine is a 2nd 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. § 152.022 Subd. 2(1), (2)
The possession of at least 25 grams of cocaine is a 2nd 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. § 152.022 Subd. 2(3)
The possession of at least 6 grams or 50 dosage units of heroin is a 2nd degree controlled substance crime.
(4) Fentanyl – Minn. Stat. § 152.022 Subd. 2(3)
The possession of at least 6 grams or 50 dosage units of fentanyl is a 2nd degree controlled substance crime.
(5) Hallucinogen – Minn. Stat. § 152.022 Subd. 2(5)
The possession of at least 50 grams or 100 dosage units is a 2nd degree controlled substance crime.
(6) “catchall” – Minn. Stat. § 152.022 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 50 grams of a controlled substance in this category is a 2nd degree controlled substance crime.
(7) Cannabis – Minn. Stat. § 152.022 Subd. 2(6)
The possession of 25 Kg of cannabis flower, 5 Kg of cannabis concentrate, or 500 grams of cannabis edibles is a 2nd 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:
- Prison or Jail Sentence
- Forfeiture of Cars and Cash
- Court Fines
- Loss of Gun Rights
- Impact on Career
- 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:
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:
- Proximity is not possession
- Not a sufficient weight
- Costco defense
- Entrapment
- 4th amendment violations
Contact Subzero Criminal Defense and we can start working on your case as soon as today. (651-248-5142)