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Controlled Substance Crime in the Second Degree § 152.022

Second degree controlled substance crimes are some of the most serious drug charges alleged offenders can face. First-time convictions carry steep penalties that include very lengthy prison sentences and hundreds of thousands of dollars in fines, but subsequent offenses can result in even stiffer punishments.

When an alleged offender has been previously convicted of a controlled substance crime, a conviction for a second degree controlled substance crime may result in a mandatory minimum prison sentence. Controlled substance crimes in the second degree are classified as D7 severity level on Minnesota’s Drug Offender Grid, the third-highest level for drug offenses.

Attorney for Controlled Substance Crimes in the 2nd Degree in Apple Valley, MN

Were you arrested for an alleged second degree controlled substance crime in the Twin Cities? You should not say anything to authorities until you have legal representation. Contact James Blumberg Law as soon as possible.

James Blumberg is an experienced criminal defense lawyer in Apple Valley who defends individuals facing drug charges in Inver Grove Heights, Apple Valley, West St. Paul, Eagan, Mendota Heights, and many surrounding areas of Dakota County. He can provide an honest and thorough evaluation of your case when you call (952) 431-7758 to schedule a free initial consultation.


Minnesota Second Degree Controlled Substance Crimes Information Center


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Types of Controlled Substance Crimes in the 2nd Degree in Dakota County

Under Minnesota Statute § 152.022, an alleged offender can be charged with a second degree controlled substance crime if he or she allegedly commits any of the following sale crimes:

  • on one or more occasions within a 90-day period unlawfully sells one or more mixtures of a total weight of 10 grams or more containing a narcotic drug (defined under Subdivision 10 of Minnesota Statute § 152.01 as meaning any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: opium, coca leaves, opiates, and methamphetamine; a compound, manufacture, salt, derivative, or preparation of opium, coca leaves, opiates, or methamphetamine; or a substance, and any compound, manufacture, salt, derivative, or preparation thereof, which is chemically identical with any of the substances previously referred to) other than heroin;
  • on one or more occasions within a 90-day period unlawfully sells one or more mixtures of a total weight of 3 grams or more containing cocaine or methamphetamine and the alleged offender or an accomplice possesses on their person or within immediate reach, or uses, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm; or the alleged offense involves three aggravating factors;
  • on one or more occasions within a 90-day period unlawfully sells one or more mixtures of a total weight of 3 grams or more containing heroin;
  • on one or more occasions within a 90-day period unlawfully sells one or more mixtures of a total weight of 10 grams or more containing amphetamine, phencyclidine (PCP), or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 50 or more dosage units;
  • on one or more occasions within a 90-day period unlawfully sells one or more mixtures of a total weight of 10 kilograms or more containing marijuana or Tetrahydrocannabinols (THC);
  • unlawfully sells any amount of a Schedule I or II narcotic drug to a person under the age of 18, or conspires with or employs a person under the age of 18 to unlawfully sell the substance; or
  • unlawfully sells any of the following in a school zone, a park zone, a public housing zone, or a drug treatment facility: any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine (MDA), or 3,4-methylenedioxymethamphetamine (MDMA, Ecstasy, or Molly); one or more mixtures containing methamphetamine or amphetamine; or one or more mixtures of a total weight of 5 kilograms or more containing marijuana or THC.

An alleged offender can also be charged with a 2nd degree controlled substance crime if he or she commits any of the following possession crimes:

  • unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing cocaine or methamphetamine;
  • unlawfully possesses one or more mixtures of a total weight of 10 grams or more containing cocaine or methamphetamine and the alleged offender or an accomplice possesses on their person or within immediate reach, or uses, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm; or the alleged offense involves three aggravating factors;
  • unlawfully possesses one or more mixtures of a total weight of 6 grams or more containing heroin;
  • unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
  • unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing amphetamine, PCP, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 100 or more dosage units; or
  • unlawfully possesses one or more mixtures of a total weight of 25 kilograms or more containing marijuana or THC, or possesses 100 or more marijuana plants.

Subdivision 24 of Minnesota Statute § 152.01 defines each of the following as an aggravating factor:

  • The alleged offender, within the previous 10 years, has been convicted of a violent crime, other than a violation of a provision under this chapter, including an attempt or conspiracy, or was convicted of a similar offense by the United States or another state;
  • The alleged offense was committed for the benefit of a gang;
  • The alleged offense involved the transfer of controlled substances across a state or international border and into Minnesota;
  • The alleged offense involved at least three separate transactions in which controlled substances were sold, transferred, or possessed with intent to sell or transfer;
  • The circumstances of the alleged offense reveal the alleged offender to have occupied a high position in the drug distribution hierarchy;
  • The alleged offender used a position or status to facilitate the commission of the offense, including positions of trust, confidence, or fiduciary relationships;
  • The alleged offense involved the sale of a controlled substance to a person under the age of 18 or a vulnerable adult;
  • The alleged offender or an accomplice manufactured, possessed, or sold a controlled substance in a school zone, park zone, correctional facility, or drug treatment facility; or
  • The alleged offender or an accomplice possessed equipment, drug paraphernalia, documents, or money evidencing that the offense involved the cultivation, manufacture, distribution, or possession of controlled substances in quantities substantially larger than the minimum threshold amount for the offense.

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Second Degree Controlled Substance Crime Penalties in Minnesota

If the alleged offender has no prior convictions, any of the offenses listed above may result in the following sentence:

  • Up to 25 years in prison; and/or
  • A fine of up to $500,000.

If a conviction relating to a second degree controlled substance crime is a subsequent controlled substance conviction, the alleged offender can receive a minimum sentence of three years up to 40 years in prison as well as a possible fine of up to $500,000.

With controlled substance crimes in the second degree, convictions make the presumptive dispositions established under the Drug Offender Grid commitment. The grid establishes presumptive sentences for alleged offenders based on criminal history scores calculated based on the points an alleged offender is assigned for his or her prior convictions.

Controlled substance crimes in the second degree may result in the following sentences:

Criminal History Score

0

1

2

3

4

5

6 or More

Controlled Substance Crime in the 2nd Degree

48 Months

58 Months

68 Months
(58-81 Months)

78 Months
(67-93 Months)

88 Months
(75-105 Months)

98 Months
(84-117 Months)

108 Months
(92-129 Months)

With the cells in the shaded area of the grid above, the Minnesota Sentencing Guidelines recommends probation. Commitment to prison is recommended for cells in the non-shaded area. Italicized numbers denote the ranges within which a court can sentence without the sentence being deemed a departure.


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Minnesota Resources for Controlled Substance Crimes in the 2nd Degree

Minnesota Prevention Resource Center (MPRC) — The mission of the MPRC is “to reduce problems resulting from alcohol, tobacco, and other drugs by enhancing the capacity of people interested in preventing these problems.” Visit this website to find prevention resources, view upcoming events, and read recent news. You can also review recent research and reports.

State v. McIntosh, C9-00-1054, Minnesota Supreme Court (Mar. 21, 2002) — Charles Theo McIntosh was charged with conspiracy to commit controlled substance offense in the first degree, controlled substance offense in the second degree, and two counts of controlled substance offense in the third degree for selling crack cocaine. The court found him guilty on all four counts, and the state argued for an upward departure claiming appellant had committed a “major controlled substance offense” because his conviction met the factors in Minnesota Sentencing Guidelines. The Minnesota Supreme Court reversed the decision and remanded the case to the district court for the imposition of the presumptive guidelines sentence after concluding “that the substantial and compelling circumstances required to support a sentencing departure were not present in the December 7 offense and thus the departure from the presumptive guidelines sentence of 98 months to 122 months was an abuse of the district court’s discretion.”


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James Blumberg Law | Apple Valley Second Degree Controlled Substance Crime Defense Attorney

If you were arrested in the greater Minneapolis-St. Paul area for an alleged controlled substance crime in the second degree, it is in your best interest to retain legal counsel as soon as possible. James Blumberg Law represents individuals accused of these crimes in communities throughout Hennepin County, Dakota County, Anoka County, and Ramsey County, including Rosemount, Burnsville, Farmington, Hastings, Lakeville, and many others.

Apple Valley criminal defense lawyer James Blumberg has handled drug cases on both sides of the aisle because of his prior experience as a former prosecutor in the Criminal Division of the Dakota County Attorney’s Office. Call James Blumberg Law or complete an online contact form to schedule a free, confidential consultation that will allow our attorney to review your case and help you understand all of your legal options.


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