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Drug crime charges arise if you are caught either selling or possessing illegal drugs. There are varying degrees of drug crimes, each having their own distinct penalties.

If you have been charged with or are under investigation for a drug offense, the attorneys at Valentini law are here to help. Contact us at (612) 341-0900 to secure experienced and professional representation for your case.

First Degree Drug Crimes

First degree drug crimes include both the possession and the sale of drugs.

First degree drug possession is a felony offense. To be convicted of first-degree drug possession, the prosecution must prove:

• You possessed 50 grams or more cocaine or methamphetamine;
• You possessed 25 grams or more of cocaine or methamphetamine while in possession of a firearm;
• You possessed 25 grams or more, or 100 dosage units or more, of heroin or fentanyl;
• You possessed 500 grams or more, or 500 dosage units or more, of amphetamine, PCP, or hallucinogen;
• You possessed 50 kilograms or more of cannabis flower;
• You possessed 10 kilograms or more of cannabis concentrate; or
• You possessed cannabis edibles, lower-potency hemp edibles, hemp-derived consumer products, or any combination of those infused with more than 1 kilogram of THC.

First degree drug sale is a felony offense. There may be a single sale or multiple sales over a 90-day period. To be convicted of first-degree drug possession, the prosecution must prove:

• You sold 17 grams or more of methamphetamine or cocaine;
• You sold 10 grams or more of methamphetamine or cocaine while in possession of a firearm;
• You sold 10 grams or more, or 40 dosage units or more, of heroin or fentanyl;
• You sold 50 grams or more of a narcotic other than methamphetamine, cocaine, heroin, or fentanyl; or
• You sold 50 grams or more, or 200 dosage units or more, of amphetamine, PCP, or hallucinogenic.

If you are charged with first degree drug sale or possession, the penalties include up to 30 years in prison and/or a $1,000,000 fine.

If you are charged with first degree drug sale or possession and have at least one prior drug crime conviction the penalties include a mandatory minimum of 4 years with up to 40 years in prison and/or a $1,000,000 fine.

First degree drug crimes can be aggravated if two or more factors are present A first degree drug charge may be aggravated if you sold or possessed 100 or more grams or 500 or more dosage units of the drug at issue while in possession of a firearm. Other aggravating factors include but are not limited to:

• Selling drugs to a minor or a vulnerable adult;
• Possessing or selling drugs in the presence of a child;
• Possessing or selling drugs as part of a group of three or more who all actively participate;
• Possessing substantially large quantities of the drug at issue;
• Manufacturing drugs for distribution;
• Having a high position in the drug distribution hierarchy;
• Using someone else’s identity; and
• Having three or more violent crime convictions on your record, deeming you a “dangerous offender.”

If the prosecution pursues an aggravated sentence, and the court finds two or more of the above-mentioned factors present, the penalties include a mandatory minimum of 86 months* with up to 40 years in prison and/or a $1,000,000 fine.

*Depending on your score, this mandatory minimum can be up to 158 months in prison.

Second Degree Drug Crimes

Second degree drug possession is a felony offense. To be convicted of second-degree drug possession, the prosecution must prove one of the following:

• You possessed 25 grams or more of cocaine or methamphetamine.
• You possessed 10 grams or more of cocaine or methamphetamine while in possession of a firearm.
• You possessed 10 grams or more of cocaine or methamphetamine while engaged in three aggravating factors.
• You possessed 6 grams or more, or 50 dosage units or more, of heroin or fentanyl.
• You possessed 50 grams or more of a narcotic other than cocaine, methamphetamine, heroin, or fentanyl.
• You possessed 50 grams or more, or 100 dosage units or more, of amphetamine, PCP, or hallucinogen.
• You possessed 25 kilograms or more of cannabis flower.
• You possessed 5 kilograms or more of cannabis concentrate.

• You possessed cannabis edibles, lower-potency hemp edibles, hemp-derived consumer products, or any combination of those infused with more than 500 grams of THC.

Second degree drug sale is a felony offense. There may be a single sale or multiple sales over a 90-day period. To be convicted of second-degree drug possession, the prosecution must prove one of the following:

• You sold 3 grams or more of methamphetamine or cocaine while in possession of a firearm.
• You sold 3 grams or more of methamphetamine or cocaine while engaged in three aggravating factors.
• You sold 3 grams or more, or 12 dosage units or more, of heroin or fentanyl.
• You sold 10 grams or more of a narcotic other than heroin, or fentanyl.
• You sold 10 grams or more, or 50 dosage units or more, of amphetamine, PCP, or hallucinogenic.
• You sold any amount of a Schedule I or II narcotic to a minor.
• You employed a minor to sell any amount of a Schedule I or II narcotic, or
• You sold any amount of a Schedule I or II narcotic, MDMA, or LSD in a school zone, park zone, public housing zone, or a drug facility treatment facility.

Aggravating factors include but are not limited to:

• Selling drugs to a minor or a vulnerable adult.
• Possessing or selling drugs in the presence of a child.
• Possessing or selling drugs as part of a group of three or more who all actively participate.
• Possessing substantially large quantities of the drug at issue.
• Manufacturing drugs for distribution.
• Having a high position in the drug distribution hierarchy.
• Using someone else’s identity.
• Having three or more violent crime convictions on your record, deeming you a “dangerous offender.”

Schedule I or II narcotics include but are not limited to:

• Cocaine
• Codeine
• Heroin
• Fentanyl
• Methamphetamine
• Methadone
• Oxycodone

If you are charged with second degree drug sale or possession, the penalties include up to 25 years in prison and/or a $500,000 fine.

If you are charged with second degree drug sale or possession and have at least one prior drug crime conviction the penalties include a mandatory minimum of 3 years with up to 40 years in prison and/or a $5000,000 fine.

Third Degree Drug Crimes

Third degree drug possession is a felony offense. There may be a single incident of possession or multiple incidents over a 90-day period. To be convicted of third-degree drug possession, the prosecution must prove one of the following:

• You possessed 10 grams or more, or 50 dosage units or more, of a narcotic other than heroin or fentanyl.
• You possessed 3 grams or more of heroin.
• You possessed 5 grams or more, or 25 dosage units or more, of fentanyl.
• You possessed any amount of a Schedule I or II narcotic in a school zone, a park zone, a public housing zone, or a drug treatment facility.
• You possessed 5 or more dosage units of LSD or MDMA in a school zone, a park zone, a public housing zone, or a drug treatment facility.
• You possessed 10 kilograms or more of cannabis flower.
• You possessed 2 kilograms or more of cannabis concentrate.

• You possessed cannabis edibles, lower-potency hemp edibles, hemp-derived consumer products, or any combination of those infused with more than 200 grams of THC.

Third degree drug sale is a felony offense. To be convicted of third-degree drug possession, the prosecution must prove:

• You sold any amount of a narcotic drug.
• You sold 10 dosage units or more of PCP or hallucinogenic. There may have been a single sale or multiple sales over a 90-day period.
• You sold any amount of a Schedule I, II, or III drugs to a minor, not including cannabis or Schedule I or II narcotics.
• You employed a minor to sell any amount of a Schedule I, II, or III drug, not including cannabis or Schedule I or II narcotics.

Schedule I, II, or III drugs include but are not limited to:

• LSD
• MDMA
• PCP
• Psilocybin
• Steroids

If you are charged with third degree drug sale or possession, the penalties include up to 20 years in prison and/or a $250,000 fine.

Fourth Degree Drug Crimes

Fourth degree drug possession is a felony offense. To be convicted of fourth-degree drug possession, the prosecution must prove one of the following:

• You possessed 10 dosage units or more of PCP or hallucinogen.
• You possessed any amount of a Schedule I, II, or III drug, not including cannabis.

Fourth degree drug sale is a felony offense. To be convicted of fourth-degree drug possession, the prosecution must prove:

• You sold any amount of a Schedule I, II, or III drug, not including cannabis.
• You sold any amount of a Schedule IV or V drug to a minor.
• You employed a minor to sell any amount of a Schedule IV or V drug.

Schedule I, II, or III drugs include but are not limited to:

• LSD
• MDMA
• PCP
• Psilocybin
• Steroids

Schedule IV or V drugs include but are not limited to:

• Anxiety medication, including:
  • Ativan
  • Kolonopin
  • Xanax
  • Valium
• Pseudoephedrine

If you are charged with second degree drug sale or possession, the penalties include up to 15 years in prison and/or a $100,000 fine.

Fifth Degree Drug Crimes

Fifth degree drug possession is either a felony or gross misdemeanor offense, depending on the circumstances.

Gross Misdemeanor Fifth Degree Drug Possession

To be convicted of gross misdemeanor fifth degree drug possession, the prosecution must prove one of the following:

• You possessed 0.25 grams or less of a Schedule I, II, III, or IV drug, not including cannabis or heroin.
• You possessed 0.05 grams or less of heroin.

To qualify for a gross misdemeanor charge, you must have no prior drug crime convictions. If you are charged with gross misdemeanor fifth degree drug possession, the penalties include up to 364 days in jail and/or a $3,000 fine.

Felony Fifth Degree Drug Possession

To be convicted of felony fifth degree drug possession, the prosecution must prove one of the following:

• You possessed or attempted to procure a controlled substance by means of fraud, deceit, misrepresentation, or subterfuge.
• You possessed or attempted to procure a controlled substance by using a false name or giving false credit.

Fifth Degree Drug Sale

Fifth degree drug sale is a felony offense. To be convicted of fifth-degree drug possession, the prosecution must prove you sold any amount of a Schedule IV.

Schedule I, II, or III drugs include but are not limited to:

• LSD
• MDMA
• PCP
• Psilocybin
• Steroids

Schedule IV drugs include but are not limited to:

• Ativan
• Kolonopin
• Xanax
• Valium

If you are charged with fifth degree drug sale or felony possession, the penalties include up to 5 years in prison and/or a $10,000 fine.

Cannabis Crimes

Although recreational cannabis use has been legalized in Minnesota, you can still be criminally charged for the possession, sale, or cultivation of cannabis. Depending on the circumstances, a cannabis crime charge may be a felony, gross misdemeanor, misdemeanor, or petty misdemeanor offense.

If you have been charged with or are under investigation for a cannabis offense, the attorneys at Valentini law are here to help. Contact us at (612) 341-0900 to secure experienced and professional representation for your case.

First Degree Cannabis Crimes

First degree cannabis possession is a felony offense. To be convicted of first-degree cannabis possession, the prosecution must prove one of the following:

• You possessed 2 pounds – 10 kilograms of cannabis flower.
• You possessed 160 grams – 2 kilograms of cannabis concentrate.
• You possessed cannabis edibles, lower-potency hemp edibles, hemp-derived consumer products, or any combination of those infused with 16 – 200 grams of THC.

First degree cannabis sale is a felony offense. To be convicted of first-degree cannabis sale, the prosecution must prove one of the following:

• You sold more than 2 ounces of cannabis flower of cannabis.
• You sold more than 8 grams of cannabis concentrate.
• You sold cannabis edibles, lower-potency hemp edibles, hemp-derived consumer products, or any combination of those infused with more than 800 milligrams of THC.

Additionally, the cannabis sale:

• Must have occurred within 10 years of a previous first-, second-, or third-degree cannabis sale conviction, OR
• Must have been made to a minor.

First degree cannabis cultivation is a felony offense. To be convicted of first-degree cannabis cultivation, the prosecution must prove you grew or cared for more than 23 cannabis plants.

If you are charged with first degree cannabis possession, sale, or cultivation, the penalties include up to 5 years in prison and/or a $10,000 fine.

Second Degree Cannabis Crimes

Second degree cannabis possession is a gross misdemeanor offense. To be convicted of second-degree cannabis possession, the prosecution must prove one of the following:

• You possessed 1 – 2 pounds of cannabis flower.
• You possessed 80 – 160 grams of cannabis concentrate.
• You possessed cannabis edibles, lower-potency hemp edibles, hemp-derived consumer products, or any combination of those infused with 8 – 16 grams of THC.

Second degree cannabis sale is a gross misdemeanor offense. To be convicted of second-degree cannabis sale, the prosecution must prove one of the following:

• You sold more than 2 ounces of cannabis flower of cannabis.
• You sold more than 8 grams of cannabis concentrate.
• You sold cannabis edibles, lower-potency hemp edibles, hemp-derived consumer products, or any combination of those infused with more than 800 milligrams of THC.

Additionally, the cannabis sale:

• Must have occurred within 10 years of a previous first-, second-, or third-degree cannabis sale conviction.
• Must have been made to a minor, OR
• Must have been made in a school zone, a park zone, or a drug treatment facility.

Second degree cannabis cultivation is a gross misdemeanor offense. To be convicted of first-degree cannabis cultivation, the prosecution must prove you grew or cared for 16 – 23 cannabis plants.

If you are charged with second degree cannabis possession, sale, or cultivation, the penalties include up to 364 days in jail /or a $3,000 fine.

Third Degree Cannabis Crimes

Third degree cannabis possession is a misdemeanor offense. There may be a single incident of possession or multiple incidents over a 90-day period. To be convicted of third-degree cannabis possession, the prosecution must prove one of the following:

• You possessed up to 2 pounds of cannabis flower outside of your home.
• You possessed 16 – 80 grams of cannabis concentrate.
• You possessed cannabis edibles, lower-potency hemp edibles, hemp-derived consumer products, or any combination of those infused with 1,600 milligrams – 8 grams of THC.

Third degree cannabis sale is a misdemeanor offense. There may be a single sale or multiple sales over a 90-day period. To be convicted of third-degree cannabis sale, the prosecution must prove one of the following:

• You sold more than 2 ounces of cannabis flower of cannabis.
• You sold more than 8 grams of cannabis concentrate.
• You sold cannabis edibles, lower-potency hemp edibles, hemp-derived consumer products, or any combination of those infused with more than 800 milligrams of THC.

If you are charged with third degree cannabis possession or sale, the penalties include up to 90 days in jail /or a $1,000 fine.

Fourth Degree Cannabis Crimes

Fourth degree cannabis possession is a petty misdemeanor offense. To be convicted of third-degree cannabis possession, the prosecution must prove one of the following:

• You possessed 2 – 4 ounces of cannabis flower outside of your home.
• You possessed 8 – 16 grams of cannabis concentrate.
• You possessed cannabis edibles, lower-potency hemp edibles, hemp-derived consumer products, or any combination of those infused with 800 – 1,600 milligrams of THC.

Fourth degree cannabis sale is a petty misdemeanor offense. To be convicted of third-degree cannabis sale, the prosecution must prove one of the following:

• You sold up to 2 ounces of cannabis flower of cannabis.
• You sold up to 8 grams of cannabis concentrate.
• You sold cannabis edibles, lower-potency hemp edibles, hemp-derived consumer products, or any combination of those infused with up to 800 milligrams of THC.

If you are charged with third degree cannabis possession or sale, the penalties include a $300 fine.

Public Cannabis Consumption

Using cannabis in a public area is a petty misdemeanor offense. This does not include your home/yard, another person’s home/yard/private property, or an establishment with a permit for on-site consumption. If you are charged with public cannabis consumption, the penalty includes a $300 fine.