Second Degree Drug Crime Charges

Second Degree Drug Crimes in Minnesota

Minnesota has five different severity degrees of drug crimes based on the type and amount of drug involved. A second-degree drug offense is the second most serious level, and a conviction carries severe criminal penalties including incarceration and fines, as well as other court-ordered sanctions such as mandatory attendance in a drug program, and seizure and forfeiture of any cash or property used during the commission of the crime or obtained as a direct result of the offense.

Regardless of the degree, the potential criminal penalties for all Minnesota drug charges are steep. Minnesota drug laws are quite complex, and working with an experienced and knowledgeable Minnesota drug crime attorney can help you prepare your defense and obtain the best possible outcome.

What is Second-Degree Drug Sales in Minnesota?

With respect to drug laws, “sell” means something different under the law than the common understanding. Pursuant to Minnesota law, to “sell” a controlled substance means:

1. “To sell, give away, barter, deliver, exchange, distribute or dispose of to another, or to manufacture; or
2. To offer or agree to perform an act listed in clause (1); or
3. To possess with intent to perform an act listed in clause (1).”

You are guilty of selling a controlled substance in the second degree in Minnesota if, on one or more occasions, you unlawfully sell:

• Within a 90-day period, one or more mixtures totaling three (3) or more grams of heroin, cocaine, or methamphetamine
• Within a 90-day period, one or more mixtures totaling ten (10) or more grams of a narcotic other than heroin, cocaine, or methamphetamine
• Within a 90-day period, one or more mixtures totaling ten (10) or more grams containing amphetamine, hallucinogen, PCP, or 50 or more packaged dosage units
• Within a 90-day period, one or more mixtures totaling 25 or more kilograms containing marijuana or Tetrahydrocannabinols (THC)
• Any amount of a Schedule I or II narcotic to someone under 18 years of age, or employ or conspire to do such
• Any amount of a Schedule I or II narcotic, LSD, or methamphetamine; one or more mixtures containing methamphetamine or amphetamine; or one or more mixtures totaling five (5) or more kilograms containing marijuana and THC in a school, park, or public housing zone, or a drug treatment facility.

If convicted of second-degree drug sales in Minnesota, you face up to 25 years in prison and/or up to a $500,000 fine. Further, if you have a previous Minnesota drug offense conviction, you can be sentenced to up to 40 years in prison with a three-year minimum and/or a $500,000 fine.

What is Second-Degree Possession of Drugs in Minnesota?

Possession under the law can be actual possession wherein you have physical control of the substance regardless of whether it belongs to you or constructive possession wherein you have actual control of the substance without having physical control. To secure a conviction, the prosecutor must prove that you possessed the drugs consciously and had actual knowledge that the substance was illegal or otherwise prohibited. It is not necessary that you knew exactly what the substance is.

In order to be charged with second-degree drug possession in Minnesota, you must possess unlawfully:

• One or more mixtures weighing six (6) or more grams of heroin, cocaine, or methamphetamine
• One or more mixtures totaling 50 or more grams of a narcotic other than heroin, cocaine, or methamphetamine
• One or more mixtures totaling 50 or more grams containing amphetamine, hallucinogen, or PCP if the drug is packaged in dosage units of 100 or more dosage units
• One or more mixtures totaling 50 or more kilograms of marijuana or THC, or 100 or more marijuana plants

If convicted of second-degree possession of a controlled substance in Minnesota, you will face up to 25 years in prison and/or a maximum $500,000 fine.  If this is a subsequent Minnesota drug offense conviction, you can be sentenced to up to 40 years in prison with a three-year minimum and/or a $500,000 fine.

Also refer to:
First Degree Controlled Substance Charges
Third Degree Controlled Substance Charges
Fourth Degree Controlled Substance Charges
Fifth Degree Controlled Substance Charges