Sale to a Minor

Vast amounts of research prove drugs can be harmful to a child’s development. To ensure minors do not get their hands on illicit drugs, Minnesota heavily prosecutes dealers who knowingly sell to them. Selling drugs to anyone under 18 acts as an aggravating factor for sale of a controlled substance, meaning you will face increased jail time and more costly fines.

Selling drugs to a minor is challenging to defend. The act will not reflect well with a judge or jury, which will make it harder to have the charges dropped. While this may be the case, not all hope is lost.

Criminal Defense Attorney in Apple Valley

Your chances of a more favorable outcome are significantly increased when you have a defense attorney by your side. Exercise your right to legal counsel and contact James Blumberg Law. James Blumberg has more than 10 years of experience in criminal defense. He will file motions, question witnesses and do whatever else is necessary to achieve a favorable outcome for you.

Call (952) 431-7758 to schedule a time to speak with James Blumberg Law. We are based in Apple Valley but help clients in areas such as Ham Lake, Chaska and Minneapolis.


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Minnesota’s Controlled Substance Schedule

You are not required to receive money in exchange for the drugs to be charged with selling a controlled substance. According to the Minnesota statutes, you are guilty of the offense if you give away, barter, deliver or exchange drugs with another person. Not only this, but you can even be arrested for selling drugs if you are found in possession and police believe you intended to sell it to a minor.

There are thousands of illicit drugs and chemicals divided into five schedules in the Minnesota Controlled Substance Act. The higher the drug is on the controlled substance schedule, the harsher the penalties for selling to a minor.

Listed below are examples of substances in each schedule:

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

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Penalties for Selling to a Minor

Minnesota does not have a separate charge for selling drugs to a minor. Instead, doing so acts as an aggravating factor that will enhance charges for controlled substance crimes. Unlike charges for selling to an adult, selling to a minor is not based on the weight of the drug, but the schedule of the substance.

You could face the following charges for selling drugs to a minor:

  • Controlled substance crime in second-degree: You are guilty of a second-degree controlled substance crime if you sell a schedule I or II narcotic to anyone under 18. You could face the following penalties if convicted:
    • Up to 25 years in prison; or
    • A fine of up to $500,000; or
    • Both a fine and incarceration
  • Controlled substance crime in the third-degree: You will be charged with a third-degree controlled substance crime if you sell a schedule I, II or III drug to a minor, excluding schedule I and II narcotics. Penalties for the offense include:
    • Up to 20 years in prison; or
    • A fine of up to $250,000; or
    • Both a fine and incarceration
  • Controlled substance crime in the fourth-degree: Selling any drugs classified as a schedule IV or V substance to a minor is a fourth-degree controlled substance crime punishable by:
    • Up to 15 years in prison; or
    • A fine of up to $100,000; or
    • Both a fine and incarceration

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Additional Resources

Controlled Substance Schedule | Minnesota Statutes – Follow the link provided to view a comprehensive list of drugs on Minnesota’s controlled substance schedule. You can find out how the drugs are classified and gain access to other drug statutes. The schedule can be read on the Minnesota Legislature website.

Controlled Substance Crimes | Minnesota Statutes – Visit the Minnesota Legislature website to view the chapter of the statutes over controlled substance crimes. From the table of contents, you can gain access to information about second, third- and fourth-degree controlled substance crimes. You can also learn about other drug offenses such as delivery of drug paraphernalia to a minor.


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Drug Crimes Lawyer in Apple Valley

Using the internet to find information about your charges will only add more stress to your situation. Get answers straight from the source and contact James Blumberg Law. James Blumberg will guide you through the complicated legal system and always work in your best interest.

You can schedule a time to speak with Mr. Blumberg by calling (952) 431-7758. Some of the areas we serve include Dakota County, Anoka County, Carver County and Hennepin County.


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