2nd 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. 2nd degree controlled substance crimes are always charged as felonies. The charges are for the sale and/or possession of drugs, and they require the best criminal defense possible to avoid or mitigate penalties and jail time.
What Counts as a 2nd Degree Drug Sale Crime in Minnesota?
You may be charged with a felony 2nd degree drug crime for the sale of:
- On one or more occasions within a 90-day period, 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, one or more mixtures of a total weight of three grams or more containing cocaine or methamphetamine, if you or an accomplice possess a firearm on your person or within immediate reach, use a firearm, or the offense involves three aggravating factors
- On one or more occasions within a 90-day period, one or more mixtures of a total weight of three grams or more, or 12 dosage units or more, containing heroin or fentanyl
- On one or more occasions within a 90-day period, one or more mixtures of a total weight of ten grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 50 or more dosage units
- Any amount of a Schedule I or II narcotic drug to a person under the age of 18, or conspiring with or employing a person under the age of 18 to unlawfully sell the substance
- In a school zone, park zone, public housing zone, or drug treatment facility: any amount of a Schedule I or II narcotic drug, LSD, MDA, or MDMA; or one or more mixtures containing methamphetamine or amphetamine
The current 2nd degree sale statute no longer uses the old marijuana or Tetrahydrocannabinols sale threshold. Cannabis-related thresholds now appear in the possession portion of the statute.
What Counts as 2nd Degree Drug Possession in Minnesota?
You may be charged with a felony 2nd degree drug crime for the possession of:
- One or more mixtures of a total weight of 25 grams or more containing cocaine or methamphetamine
- One or more mixtures of a total weight of ten grams or more containing cocaine or methamphetamine, if you or an accomplice possess a firearm on your person or within immediate reach, use a firearm, or the offense involves three aggravating factors
- One or more mixtures of a total weight of six grams or more, or 50 dosage units or more, containing heroin or fentanyl
- One or more mixtures of a total weight of 50 grams or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine
- One or more mixtures of a total weight of 50 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 100 or more dosage units
- 25 kilograms or more of cannabis flower
- Five kilograms or more of cannabis concentrate
- Edible cannabis products, lower-potency hemp edibles, hemp-derived consumer products, or any combination of those, infused with more than 500 grams of tetrahydrocannabinols
For the purposes of the possession statute, 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 2nd Degree Drug Crime?
The potential penalties for felony 2nd degree drug crimes are imprisonment of not more than 25 years and/or up to a fine of $500,000. If the conviction is a subsequent controlled substance conviction, a person must be committed to the commissioner of corrections for not less than three years and not more than 40 years, and may also be fined up to $500,000. In addition to this prison 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 it may be much harder to attain financial aid or other opportunities as you attempt to move on with your life. If you are convicted of felony 2nd degree drug charges, you will lose your legal right to possess a firearm, and voting rights may be affected during incarceration.
How Can 2nd Degree Drug Charges Be Defended?
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
Case Results for 2nd Degree Drug Crimes
To see just how successful our approach is, here are some representative case results:
State v. P.P.
Charge: 2nd Degree Drug Crimes, 5th Degree Drug Crimes
Resolution: Stay of imposition, Misdemeanor 4th Degree Drug Sale. The client was facing three separate counts of drug sale and possession offenses that ranged from 5th degree possession to 2nd degree sale. Due to a prior drug conviction, the client was facing a three-year mandatory prison commitment. Based upon the client’s extensive rehabilitative efforts and negotiations by North Star, the client will receive a misdemeanor conviction upon completion of three years’ probation, which includes a year in jail – not prison – where the client has work-release privileges so he can keep his life on track. While the year in jail is tough to swallow, the client avoids the lengthy prison term, can keep progressing with his rehabilitation efforts, and will only have a misdemeanor conviction on his record. In a county that is notably tough when it comes to drug sentencing, this was a great result.
Yes. A 2nd degree controlled substance crime under Minn. Stat. § 152.022 is charged as a felony, whether the allegation involves sale or possession. The specific charge depends heavily on the type and amount of the controlled substance and the circumstances of the case.
A person convicted of a 2nd degree controlled substance crime may be sentenced to up to 25 years in prison, a fine of up to $500,000, or both. If it is a subsequent controlled substance conviction, the statute requires a commitment to the commissioner of corrections for at least three years and up to 40 years.
Yes. The current statute specifically includes fentanyl in several places. For example, sale of three grams or more, or 12 dosage units or more, containing heroin or fentanyl can qualify as a 2nd degree sale crime, and possession of six grams or more, or 50 dosage units or more, containing heroin or fentanyl can qualify as 2nd degree possession.
Yes, but the current statute uses updated cannabis categories rather than the old marijuana plant threshold. Possession can qualify if it involves 25 kilograms or more of cannabis flower, five kilograms or more of cannabis concentrate, or certain edible or hemp-derived products infused with more than 500 grams of tetrahydrocannabinols.
A firearm can make certain cocaine or methamphetamine cases more serious under the 2nd degree statute. The statute applies when the person or an accomplice possesses a firearm on their person or within immediate reach, uses it, or when the offense involves three aggravating factors.
Yes. In addition to prison time and fines, property that may have been used to commit the crime may be forfeited. That can include a car, cash, or other property alleged to be associated with the offense.
Defense work often includes analyzing the chain of evidence, the investigation, the arrest, and whether law enforcement complied with due process and constitutional protections. It can also involve showing that you were merely present in the area and were not directly involved in possession or sale of the drugs.
That is the goal of the defense work in these cases. North Star Criminal Defense prepares the case with the goal of having the charges dismissed or at least reduced to mitigate the penalties, including jail or prison exposure and long-term consequences.
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.