1. What is 3rd Degree Controlled Substance – Sale?
There are 4 different ways to be charged with 3rd degree controlled substance – Sale
(1) Hallucinogen – Minn. Stat. § 152.023 Subd. 1(2)
The sale of at least 10 dosage units of a hallucinogen within 90 a day period is a 3rd degree controlled substance crime.
(2) “Narcotic” – Minn. Stat. § 152.023 Subd. 1(1)
The sale of a controlled substance containing a “narcotic” as defined in Minnesota Statute 152.01 is a 3rd degree controlled substance crime. For reasons that do not make sense to me, Minnesota defines “narcotics” more broadly than what they are pharmacologically. See State v. Vernon, 283 N.W.2d 516 (Minn. 1979).
(3) Schedule I, II, or III to a minor – Minn. Stat. § 152.023 Subd. 1(3)
The sale of any schedule I, II, or III controlled substance (with a few statutory exceptions) is a 3rd degree controlled substance crime.
(3) Employing a Minor – Minn. Stat. § 152.023 Subd. 1(4)
Conspiring with or employing a person under the age of 18 to sell schedule I, II, or III controlled substances is 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:
- 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)