Possession with Intent to Sell

Being found with large amounts of a controlled substance can lead police to believe you had plans to sell the drug. This is called possession with intent, and it’s charged the same as if you actually sold the substance. There is no definitive amount for what is considered possession with intent. Instead, it’s up to the court’s discretion.

Penalties for possession with intent vary based on the drug in your possession and your criminal history. Prosecutors will perceive you as a drug dealer, even if you had no intention to sell the drug. This is why retaining legal counsel is imperative.

Criminal Defense Attorney in Apple Valley

James Blumberg is a tenacious criminal defense lawyer dedicated to defending the rights of others. He understands how trying this situation may be, which is why he wants to help. As a former state prosecutor, Mr. Blumberg knows how the other side works. He will use this experience to your advantage and develop a defense strategy in your best interest.

Take the first step in your defense and contact James Blumberg Law. You can call (952) 431-7758 to schedule a free case evaluation. James Blumberg assists clients in areas such as Apple Valley, St. Paul, Savage and Woodbury.


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What is Possession with Intent to Sell?

The Minnesota Statutes do not have a specific charge for possession of a controlled substance with intent to sell. Rather, the intent to sell is included in the legal definition of sale. Per state law, sale is considered the disposal of a drug to another person. This can include offering the substance for money, giving it away or exchanging it.

You can also be charged with selling a controlled substance if you possess the drug and intend to perform any of the actions mentioned above. Possession can become possession with intent if you are found with large amounts of the drug, but police have no evidence you actually sold the substance. Police may also assume you intended to sell the drug if they also found paraphernalia associated with drug dealing such as a scale, small plastic bags and large amounts of cash.


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Minnesota’s Controlled Substance Schedule

How you are charged for the offense will depend on the controlled substance you are suspected of selling. There are thousands of substances, drugs and chemicals classified as a controlled substance in Minnesota. These drugs are categorized into five schedules based on their potential for addiction and accepted medical use.

Listed below are a few examples of common drugs in each of the five schedules:

  • Schedule I:
    • Cocaine
    • LSD
    • Heroin
    • Psilocybin (Shrooms)
  • Schedule II
    • Fentanyl
    • Amphetamines
    • Codeine
    • Opium
  • Schedule III:
    • Ketamine
    • GHB
    • Anabolic steroids
  • Schedule IV:
    • Xanax
    • Valium
    • Ativan
  • Schedule V:
    • Substances with small amounts of codeine, opium and difenoxin
    • Certain stimulants
    • Lyrica

Marijuana is a schedule I substance in the eyes of Minnesota, though possession of small amounts of the plant will not be charged the same as if you possessed a schedule I drug like cocaine.

 


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How is Possession with Intent Charged?

Minnesota divides possession crimes into five categories based on the amount and type of drug you are accused of selling. Because of the rise in illicit drug use in the United States, the Minnesota courts are not forgiving to those accused of selling drugs. Defending these allegations on your own will be a task, so retaining legal representation is imperative.

The verbiage in the Minnesota Statutes regarding possession with intent will read as if you sold the drug. Remember, you are not required to sell the drug to meet the legal definition of selling. Simply possessing the substance with the intent to do so is sufficient.

Per the Minnesota Statutes, you could be sentenced to the following for possession with intent to sell:

Controlled Substance Crime in the First Degree

You are guilty of a controlled substance crime in the first-degree if on one or more occasions within 90 days you sell or intended to sell:

  • 17 grams or more of cocaine or methamphetamine
  • 10 grams or more of cocaine or methamphetamine and:
    • You or an accomplice possessed a firearm; or
    • The offense involves two aggravating factors
  • 10 grams or more of heroin
  • 50 grams or more of a narcotic other than cocaine, methamphetamine or heroin
  • 50 grams or more or 200 or more units of amphetamine, PCP or a hallucinogen
  • 25 kilograms or more of marijuana

Controlled Substance Crime in the Second Degree

You are guilty of a controlled substance crime in the second-degree if on one or more occasions within 90 days you sell or intended to sell:

  • 10 or more grams of a narcotic other than heroin
  • Three or more grams of cocaine or methamphetamine and:
    • You or an accomplice possessed a firearm; or
    • The offense involves three aggravating factors
  • Three or more grams of heroin
  • 10 grams or more or 50 or more units of amphetamine, PCP or a hallucinogen
  • 10 kilograms or more of marijuana
  • Sell any of the following substances in a school zone, park zone, public housing zone or drug treatment facility:
    • Any amount of a schedule I or II narcotic; or
    • Methamphetamine or amphetamine; or
    • Five kilograms or more of marijuana

Controlled Substance Crime in the Third Degree

You are guilty of a controlled substance crime in the third degree if:

  • On one or more occasion within 90 days you sell or intended to sell 10 units or more of PCP or hallucinogens
  • Sell or intended to sell a schedule I, II or III substance to a minor except a schedule I or II narcotic
  • On one or more occasion within 90 days you sell or intended to sell five kilograms or more of marijuana

Controlled Substance Crime in the Fourth Degree

You are guilty of a controlled substance crime in the fourth degree if you sell any of the following substances:

  • A schedule I, II or III substance, aside from marijuana
  • A schedule IV or V substance to a minor
  • Marijuana in a school zone, park zone, public housing area or drug treatment facility 

Controlled Substance Crime in the Fifth Degree

Selling the following is a controlled substance crime in the fifth degree:

  • More than 42.5 grams of marijuana
  • Any schedule IV substance

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Penalties for Possession with Intent to Sell

Just because a judge has the discretion to only sentence you with a fine does not mean the charges against you should be swept under the rug. The potential for jail time is always there, so it’s advised you seek legal representation if you have been arrested or charged for a drug crime.

Listed below are the possible penalties for possession with intent to sell:

  • Controlled substance crime in the first degree:
    • No more than 30 years in prison; or
    • A fine of up to $1,000,000; or
    • Both incarceration and a fine
  • Controlled substance crime in the second degree:
    • No more than 25 years in prison; or
    • A fine of up to $500,000; or
    • Both incarceration and a fine 
  • Controlled substance crime in the third degree:
    • No more than 20 years in prison; or
    • A fine of up to $250,000; or
    • Both incarceration and a fine
  • Controlled substance crime in the fourth degree:
    • No more than 15 years in prison; or
    • A fine of up to $100,000; or
    • Both incarceration and a fine 
  • Controlled substance crime in the fifth degree:
    • No more than 5 years in prison; or
    • A fine of up to $10,000; or
    • Both incarceration and a fine

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Additional Resources

Controlled Substance Crimes | Minnesota Statutes – Read the chapter of the Minnesota Statutes governing controlled substance crimes. You can gain access to sections over each degree of the offense and learn about other crimes such as synthetic drug sale and intent to manufacture methamphetamine.

Schedule of Controlled Substances | Minnesota Statutes – Visit the official website of the Minnesota Legislature to find a complete list of drugs classified as a controlled substance. The drugs are divided into five schedules based on their potential for abuse. You can also gain access to other state laws.


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Criminal Defense Lawyer in Apple Valley 

The internet will not turn you into a lawyer overnight. You will need someone qualified and experienced in criminal law to defend the charges against you. James Blumberg is a dedicated criminal defense attorney with over a decade of experience. He will investigate every aspect of your case and ensure the court hears your side of the story.

James Blumberg Law is based in Dakota County, but also assist clients in areas such as Ramsey County, Scott County and Washington County. You can call (952) 431-7758 to schedule a free consultation.


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