1. What is 3rd Degree Controlled Substance – Possession?

There are 6 different ways to be charged with 3rd degree controlled substance – Possession.

 (1) Heroin – Minn. Stat. § 152.023 Subd. 2(3)

The possession of at least 3 grams of heroin is a 3rd degree controlled substance crime.

(2) Fentanyl – Minn. Stat. § 152.022 Subd. 2(3)

The possession of at least 5 grams of fentanyl is a 3rd degree controlled substance crime.

 (3) LSD – Minn. Stat. § 152.023 Subd. 2(4)

The possession of at least 5 dosage units in a school zone is a 3rd degree controlled substance crime.

(4) “catchall” – Minn. Stat. § 152.023 Subd. 2(1), (3)

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 10 grams or 50 dosage units of a controlled substance in this category is a 3rd degree controlled substance crime.

(5) Cannabis – Minn. Stat. § 152.023 Subd. 2(5)

The possession of 10 Kg of cannabis flower, 2 Kg of cannabis concentrate, or 200 grams of cannabis edibles is a 3rd degree controlled substance crime.

 (6) Meth in a school zone – Minn. Stat. § 152.023 Subd. 2(6)

The possession of any amount of meth in a school zone can be a 3rd 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)