2. What is 2nd Degree Controlled Substance – Sale?
There are 6 different ways to be charged with 2nd degree controlled substance – Sale
(1) Meth – Minn. Stat. § 152.022 Subd. 1(1), (2)
The sale of at least 10 grams of methamphetamine within 90 a day period is a 2nd degree controlled substance crime. Additionally the use of a firearm or other aggravating factors can lower that threshold to 3 grams if the prosecutor can prove the use of a firearm or other aggravating firearms.
(2) Cocaine – Minn. Stat. § 152.022 Subd. 1(1), (2)
The sale of at least 10 grams of cocaine within 90 a day period is a 2nd degree controlled substance crime. Additionally the use of a firearm or other aggravating factors can lower that threshold to 3 grams if the prosecutor can prove the use of a firearm or other aggravating firearms.
(3) Heroin – Minn. Stat. § 152.022 Subd. 1(3)
The sale of at least 3 grams or 12 dosage units of heroin within 90 a day period is a 2nd degree controlled substance crime.
(4) Fentanyl – Minn. Stat. § 152.022 Subd. 1(3)
The sale of at least 3 grams or 12 dosage units of fentanyl within 90 a day period is a 2nd degree controlled substance crime.
(5) Hallucinogen – Minn. Stat. § 152.022 Subd. 1(4)
The sale of at least 10 grams or 50 dosage units of a hallucinogen within 90 a day period is a 2nd degree controlled substance crime.
(6) Minor or School Zone Sale – Minn. Stat. § 152.022 Subd. 1(5, 6)
The sale of any amount of a schedule I or II controlled substance to a person under the age of 18 is a 2nd degree controlled substance crime. Additionally, the sale of any amount of a schedule I or II controlled substance within a school zone (1 city block or 300 feet) 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)