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Controlled Substance Crime in the Fourth Degree § 152.024

An alleged fourth degree controlled substance crime is a serious criminal charge that carries steep penalties. People convicted of these offenses may be sentenced to very lengthy terms of imprisonment and ordered to pay enormous fines.

The possible consequences can be very dire for first-time alleged offenders, but individuals with previous convictions can also face enhanced criminal penalties. It is important for anybody accused of one of these crimes to immediately retain legal counsel for help exploring all legal options.

Attorney for 4th Degree Controlled Substance Crimes in Apple Valley, MN

Were you recently arrested in the greater Minneapolis-St. Paul area for an alleged controlled substance crime in the fourth degree? Do not make any kind of statement to authorities until you have contacted James Blumberg Law.

Apple Valley criminal defense lawyer James Blumberg represents clients facing drug charges in communities throughout Dakota County, Anoka County, Ramsey County, and Hennepin County, including Apple Valley, West St. Paul, Eagan, Mendota Heights, Inver Grove Heights, and many others. Call (952) 431-7758 right now to have our attorney provide a complete evaluation of your case during a free initial consultation.


Overview of Controlled Substance Crimes in the Fourth Degree in Minnesota


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Types of Fourth Degree Controlled Substance Crimes in Dakota County

Minnesota Statute § 152.024 establishes that an alleged offender commits a sale crime that is classified as a controlled substance crime in the fourth degree if he or she:

  • unlawfully sells one or more mixtures containing a controlled substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols (THC);
  • unlawfully sells one or more mixtures containing a controlled substance classified in Schedule IV or V to a person under the age of 18;
  • conspires with or employs a person under the age of 18 to unlawfully sell a controlled substance classified in Schedule IV or V; or
  • unlawfully sells any amount of marijuana or THC in a school zone, a park zone, a public housing zone, or a drug treatment facility, except a small amount for no remuneration.

A person also commits a possession crime constituting a fourth degree controlled substance crime if he or she:

  • unlawfully possesses one or more mixtures containing phencyclidine (PCP) or hallucinogen, it is packaged in dosage units, and equals 10 or more dosage units; or
  • unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule I, II, or III, except marijuana or THC, with the intent to sell it.

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Controlled Substance Crime in the 4th Degree Penalties in Minnesota

A first conviction for any of the offenses listed above can result in the following sentence:

  • Up to 15 years in prison; and/or
  • A fine of up to $100,000.

If an alleged offender has prior controlled substance convictions, a subsequent arrest for a controlled substance crime in the fourth degree can lead to enhanced penalties. Fourth degree controlled substance crimes are classified under the D4 severity level on Minnesota’s Drug Offender Grid.

The Drug Offender Grid establishes presumptive sentences for alleged offenders based on their criminal history scores, which are calculated based on the points assigned for prior convictions. Controlled substance crimes in the fourth degree can result in one of the following sentences, depending on an alleged offender’s criminal history score:

Criminal History Score

0

1

2

3

4

5

6 or More

Controlled Substance Crime in the 4th Degree

12 Months and One Day

15 Months

18 Months

21 Months

24 Months
(21-28 Months)

27 Months
(23-32 Months)

30 Months
(26-36 Months)

The Minnesota Sentencing Guidelines recommends probation for cells in the shaded area of the grid and commitment to prison for cells in the non-shaded area. Italicized numbers within the grid denotes the range within which a court may sentence without the sentence being deemed a departure.


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Minnesota Resources for Controlled Substance Crime in the Fourth Degree Offenses

Minnesota Adult & Teen Challenge — The mission of the Minnesota Adult & Teen Challenge is to “assist teens and adults in gaining freedom from chemical addictions and other life controlling problems by addressing their physical, emotional and spiritual needs.” The organization offers both a long-term, faith-based recovery program and short-term treatment program. Visit this website to learn about upcoming events, find answers to frequently asked questions, and read the organization’s quarterly newsletter.

Community Anti-Drug Coalitions of America (CADCA) — CADCA identifies itself as “the premier membership organization representing those working to make their communities safe, healthy and drug-free.” On this website, you can learn more about CADCA’s positions, policy priorities, and recent news releases. You can also find information about the organization’s campaigns and special events.


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James Blumberg Law | Apple Valley Controlled Substance Crime in the 4th Degree Defense Lawyer

If you were recently arrested for an alleged fourth degree controlled substance crime in the Twin Cities, it will be in your best interest to not say anything to authorities without legal representation. James Blumberg Law defends individuals in Burnsville, Farmington, Hastings, Lakeville, Rosemount, and many surrounding areas of Dakota County.

James Blumberg is an experienced criminal defense attorney in Apple Valley who is a former prosecutor in the Criminal Division of the Dakota County Attorney’s Office. You can have him review you case and help you understand all of your legal options when you call (952) 431-7758 or submit an online contact form to schedule a free, confidential consultation.


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