3rd Degree Drug Crimes
In Minnesota, drug crimes are divided into five different degrees and the degree will primarily depend on the amount, and whether the drug was being manufactured or offered for sale. 3rd degree controlled substance crimes are always charged as felonies. The charges are for sale and/or possession of drugs, and require the best criminal defense possible to avoid or mitigate penalties and jail time. 3rd degree drug crimes are serious felony charges and may be charged based on the type, amount, location, or sale conduct involved.
What Counts as a 3rd Degree Drug Crime in Minnesota?
You may be charged with a felony 3rd degree drug crime for:
Sale Crimes
- The sale of one or more mixtures containing a narcotic drug
- On one or more occasions within a 90-day period, the sale of one or more mixtures containing phencyclidine or a hallucinogen, when it is packaged in dosage units and equals ten or more dosage units
- The sale of one or more mixtures containing a controlled substance classified in Schedule I, II, or III, except a Schedule I or II narcotic drug, cannabis flower, or cannabinoid products, to a person under the age of 18
- Conspiring with or employing a person under the age of 18 to unlawfully sell one or more mixtures containing a controlled substance listed in Schedule I, II, or III, except a Schedule I or II narcotic drug, cannabis flower, or cannabinoid products
Possession Crimes
- On one or more occasions within a 90-day period, possession of one or more mixtures of a total weight of ten grams or more containing a narcotic drug other than heroin or fentanyl
- On one or more occasions within a 90-day period, possession of one or more mixtures of a total weight of three grams or more containing heroin
- On one or more occasions within a 90-day period, possession of one or more mixtures of a total weight of five grams or more, or 25 dosage units or more, containing fentanyl
- On one or more occasions within a 90-day period, possession of one or more mixtures containing a narcotic drug other than heroin or fentanyl, when it is packaged in dosage units and equals 50 or more dosage units
- On one or more occasions within a 90-day period, possession of any amount of a Schedule I or II narcotic drug or five or more dosage units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone, or a drug treatment facility
- On one or more occasions within a 90-day period, possession of more than ten kilograms of cannabis flower, more than two kilograms of cannabis concentrate, or edible cannabis products, lower-potency hemp edibles, hemp-derived consumer products, or any combination of those infused with more than 200 grams of tetrahydrocannabinol
- Possession of one or more mixtures containing methamphetamine or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment facility
For purposes of the possession subdivision, a mixture does not include the fluid used in a water pipe or any amount of a controlled substance that is dissolved in the pipe’s fluid.
What Are the Consequences of a 3rd Degree Drug Crime?
The potential penalties for felony 3rd degree drug crimes are imprisonment of not more than 20 years or a fine of not more than $250,000, or both. In addition to this jail time, any property that may have been used to commit the crime may be forfeited. You may lose your car, cash, or any other property associated with the crime.
Long-term consequences can be just as harsh. You will find it much more difficult to find employment, housing options may be greatly limited, and a felony drug conviction may complicate educational and financial aid goals if you attempt to move on with your life. If you are convicted of felony 3rd degree drug charges, you will lose any legal right to possess a firearm, and a felony conviction can affect voting rights during incarceration.
What Methods of Defense Can Be Used Against Drug Charges?
North Star Criminal Defense will prepare a defense on your behalf that has the goal of having the charges dismissed or at least reduced to mitigate the penalties. Whether you are a first-time offender or have previous drug convictions, we will use the following methods in your defense:
- Analyzing the chain of evidence of the drugs and other items involved in the crime
- Assessing whether the arrest, investigation, and acts by law enforcement complied with due process and other Constitutional protections
- Determining whether you were directly involved in the possession or sale of the drugs, or simply present in the vicinity with no intent or plan to participate
- Demonstrating your personal and professional credibility to argue for dismissal or reduction of charges
Yes. 3rd degree controlled substance crimes are always charged as felonies in Minnesota. The charge can involve either the sale or possession of controlled substances, depending on the drug type, amount, location, or conduct alleged.
A 3rd degree sale charge can include selling one or more mixtures containing a narcotic drug. It can also include selling ten or more dosage units of phencyclidine or a hallucinogen within a 90-day period, or selling certain Schedule I, II, or III substances to a person under 18.
The statute includes possession within a 90-day period of ten grams or more of a narcotic drug other than heroin or fentanyl, three grams or more of heroin, or five grams or more or 25 dosage units or more of fentanyl. It also includes 50 or more dosage units of a narcotic drug other than heroin or fentanyl.
The current statute uses cannabis-specific categories rather than the older marijuana wording. A 3rd degree possession charge may involve more than ten kilograms of cannabis flower, more than two kilograms of cannabis concentrate, or certain cannabis and hemp products infused with more than 200 grams of tetrahydrocannabinol.
Yes. Possession of any amount of a Schedule I or II narcotic drug in one of those locations can qualify as a 3rd degree controlled substance crime. The same is true for five or more dosage units of LSD, MDA, or MDMA in those locations, and for possession of methamphetamine or amphetamine in those locations.
A person convicted of a 3rd degree controlled substance crime may be sentenced to imprisonment for not more than 20 years, a fine of not more than $250,000, or both. Property associated with the alleged crime may also be subject to forfeiture.
Potential defenses include challenging the chain of evidence and whether law enforcement complied with due process and Constitutional protections. The defense may also focus on whether you were actually involved in possession or sale, or were simply present nearby with no intent or plan to participate.
These charges carry felony penalties and long-term consequences for employment, housing, firearm rights, and other parts of your life. Early review of the evidence, investigation, arrest, and charging decision can be critical to seeking dismissal, reduction, or another resolution that mitigates penalties.
North Star Criminal Defense – Proven Success in Fighting Drug Charges
The Minnesota drug crime lawyers at North Star Criminal Defense have over 45 combined years of successfully defending drug charges of all degrees and throughout multiple jurisdictions, including federal courts in multiple states. We know the law, the defenses, and the strategy necessary in order to obtain resolutions that avoid convictions and jail time. We have helped countless clients overcome these debilitating charges and get back on their feet. If you have been accused of any type of drug crime, you need to contact us right away.