In Minnesota, a drug offense is called a controlled substance crime.  Generally, under Minnesota law, there are five (5) degrees of controlled substance crime.  For each level, there are then offenses categorized under possession, or, sales.  Generally, possession is considered less serious than sales.

The definition of “sale” is surprising.  Beware, because “sales” includes just sharing with a friend.  More specifically, under section 152.01, https://www.revisor.mn.gov/statutes/cite/152.01subdivision 15a of the Minnesota Statutes, “sell” means:

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

“Controlled substance” is defined as:

A drug, substance, or immediate precursor in Schedules I through V of section 152.02 of the Minnesota Statutes.  The term does not include distilled spirits, wine, malt beverages intoxicating liquors or tobacco.  The Schedules I through V include such drugs as opiates, heroin, hallucinogens, mescaline, psilocybin, psilocyn, peyote (except in specialized circumstances), methaqualone, stimulants, marijuana, synthetic cannabinoids, opium, cocaine, fentanyl, methadone, amphetamine, methamphetamine, depressants, lysergic acid, narcotic drugs, codeine, anabolic steroids, clonazepam, diazepam, loprazolam, lorazepam, and phenobarbital.  These Schedules go on to list about 1000 other drugs.

To hinder the ability to manufacture methamphetamine, the Minnesota Legislature has provided that no person may acquire through over the counter sales more than 6 grams of methamphetamine precursor drugs, within a 30 days period.  Violation of this prohibition is a misdemeanor punishable by up to 90 days in jail and/or a $1000 fine. 

In Minnesota, a drug offense can be a misdemeanor, or a felony.  The maximum penalty for a misdemeanor is up to 90 days in jail and/or a $1000 fine.  The maximum penalty for a felony is anything over 1 year in prison, up to life.  In Minnesota, under Minnesota law, there is no death penalty.   

Best Criminal Defense Lawyer Lynne Torgerson can represent you or a loved one charged with a drug offense.  Lynne Torgerson, a lawyer of excellence and experience in excess of 30 years, is a lawyer on whom you can depend.  Experience makes a difference.  Contact Lynne Torgerson today at (612) 339-5073.

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