Sale of a Controlled Substance

Twin Cities Area Sale of a Controlled Substance Lawyer

Selling or dealing drugs is a criminal act on the state level in Minnesota. A person could be charged with this offense if he or she is accused of selling illegal substances or even legal substances in an illegal manner. The severity of the charges depends on a variety of factors.

The state has some of the harshest laws concerning drug dealing, including lengthy prison sentences and expensive fines. Even if a person is charged with his or her first drug-related offense, he or she still could face life-changing consequences. The best way to avoid a lifetime of ramifications is to avoid a conviction.

Apple Valley Sale of a Controlled Substance Attorney

James Blumberg is a former prosecutor who has years of experience working on the other side of drug-related cases. Now, as an Apple Valley drug dealing defense attorney, he fights for the rights of his clients facing criminal charges. He can help you get a favorable outcome in your drug related case.

James Blumberg Law represents serves clients throughout Dakota County, including Apple Valley, Burnsville, Eagan, Hastings, Inver Grove Heights, Lakeville, Mendota Heights and Rosemount. James also works with clients in the Twin Cities region, including Hennepin County, Ramsey County and Anoka County. Call (952) 431-7758 to schedule a free consultation.

Info About Sale of a Controlled Substance Charges

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Sale of a Controlled Substance Charges

According to Minnesota Statute 152.01, selling means to sell, give away, barter, deliver, exchange, distribute, dispose of or manufacture. Additionally, offering to or agreeing to sell or give away the substance could be considered a sale. Possessing a substance with the intent to sell it also could be considered a sale.

A controlled substance is considered a drug, substance or immediate precursor in Schedules I through V, according to Minnesota law. The schedules divide the drugs based on their probability for abuse and recognized medical value. This does not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.

Some of the most common substances involved in sale charges include:

  • Cocaine
  • Heroin
  • Methamphetamine 
  • Marijuana, also known as cannabis, pot or weed
  • LSD
  • Opium
  • Codeine

A person could be charged with this offense in various scenarios. For instance, if a person offers to sell a controlled substance to an undercover police officer, he or she could be charged with sale of a controlled substance. Additionally, if an officer witnesses an alleged sale, that person could face charges.

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Degrees of Charges for Selling Drugs

Charges for the sale of a controlled substance in Minnesota range from fifth-degree offenses to first-degree offenses, according to Chapter 152 of the Minnesota Statutes. The category of the charge depends on the substance involved, the amount of substance involved and sometimes where the offense occurred. Charges could include:

Fifth-degree sale charges:

  • One or more mixtures containing marijuana or Tetrahydrocannabinols
  • One or more mixtures containing a controlled substance classified in Schedule IV

Fourth-degree sale charges:

  • One or more mixtures containing a Schedule I, II or III substance, except marijuana or Tetrahydrocannabinols
  • One or more mixtures containing a Schedule IV or V substance to a person under age 18
  • Conspiring with or employing a person under age 18 to sell a Schedule IV or V substance
  • Selling any amount of marijuana or Tetrahydrocannabinols in a school, park or housing zone

Third-degree sale charges:

  • One or more mixtures containing a narcotic drug
  • Ten or more doses of a hallucinogen
  • One or more mixtures containing a Schedule I, II or III substance, except a Schedule I or II narcotic drug, to a person under age 18
  • Conspiring with or employing a person under age 18 to sell one or more mixtures containing a Schedule I, II or III controlled substance, except a Schedule I or II narcotic drug
  • Five kilos or more of marijuana or Tetrahydrocannabinols

Second-degree sale charges:

  • Three grams or more of cocaine, heroin or methamphetamine
  • Ten grams or more of a narcotic drug other than cocaine, heroin or methamphetamine
  • Fifty or more doses of amphetamine, phencyclidine or hallucinogen
  • Twenty-five kilos or more of marijuana or Tetrahydrocannabinols
  • Any amount of a Schedule I or II narcotic drug to a person under age 18
  • Conspiring with or employing a person under age 18 to sell the substance
  • Selling meth, more than five kilos of marijuana or any amount of a Schedule I or II narcotic drug in a school, park or housing zone

First-degree sale charges:

  • Ten grams or more of cocaine, heroin or methamphetamine
  • Fifty grams or more of a narcotic drug other than cocaine, heroin or methamphetamine
  • Two hundred or more doses of amphetamine, phencyclidine or hallucinogen
  • Fifty kilos or more of marijuana or Tetrahydrocannabinols
  • Twenty-five or more kilos of marijuana or Tetrahydrocannabinols in a school, park or housing zone

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Penalties for Sale of a Controlled Substance

Penalties for dealing drugs in Minnesota are largely determined by the amount of drugs involved in the offense, the schedule of the drug and where it was sold. Additionally, if the offense is a subsequent drug-related offense, the charges could be increased.

This means if a person has a previous conviction for possession and is charged with sale of a controlled substance, it still could be considered a subsequent offense even though the charges are not the same. This is because they are both related to controlled substances.

Some of the most common penalties for a sale of a controlled substance charge include:

  • Fifth-degree: Up to five years in prison, $10,000 in fines or both
  • Fourth-degree: Up to 15 years in prison, $100,000 in fines or both
  • Third-degree: Up to 20 years in prison, $250,000 in fines or both
  • Second-degree: Up to 25 years in prison, $500,000 in fines or both
  • First-degree: Up to 30 years in prison, $1 million in fines or both

If a person is charged with selling a controlled substance under the false pretense that the substance is legal, he or she could be forced to pay restitution for the costs and expenses resulting from the crime, according to Minnesota Statute 152.0273. These costs could include the medical expenses of the person who consumed the substances and the reasonable costs incurred by public and private entities that provided an emergency response.

In some instances, including some first-degree drug offenses, if the court determines the person possessed the substance in his or her car that the offender’s license could be revoked for 30 days, according to Minnesota Statute 152.0271.

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James Blumberg Law – A Drug Dealing Defense Attorney in Dakota County

If you have been accused of selling drugs, contact Apple Valley sale of a controlled substance defense lawyer James Blumberg. James has the experience necessary to help you construct an efficient defense against the charges. Call (952) 431-7758 to schedule a free initial consultation to discuss your unique case.