Sale of Marijuana
People accused of selling marijuana in Minnesota face penalties that are more serious than simple possession charges. Prosecutors will paint alleged offenders charged with selling cannabis as being dangers to the community.
The amount of marijuana an alleged offender is accused of selling, the age of the person the alleged offender is accused of selling the cannabis to, and the location of the alleged sale are all factors that can impact possible sentences. Convictions can carry extremely harsh penalties that include possible prison and fines as well as other long-term consequences.
Lawyer for Sale of Marijuana Arrests in Apple Valley, MN
Were you arrested for allegedly selling cannabis in the Minneapolis-St. Paul area? James Blumberg Law can fight to get your criminal charges reduced or possibly even dismissed.
James Blumberg is an experienced criminal defense attorney in Apple Valley who represents clients in many surrounding areas, including Brooklyn Park, Blaine, Woodbury, Plymouth, Maple Grove, Eden Prairie, and Coon Rapids. Call (952) 431-7758 or complete an online contact form right now to have our lawyer review your case during a free initial consultation.
Minnesota Selling Marijuana Information Center
- What are criminal charges for selling larger amounts of cannabis?
- How are the penalties different for selling marijuana in a drug-free zone?
- Where can I find more information about drug-free zones in Minnesota?
Sale of Marijuana Charges in Dakota County
When there are not aggravating factors, sale crimes involving marijuana are classified based on the amount of cannabis involved. Under state law, an alleged offender faces the following penalties for selling marijuana in Minnesota:
- 42.5 Grams (1.499143 Ounces) or Less — Sale of Small Amount of Marijuana (Minnesota Statute § 152.027) is a petty misdemeanor punishable by a fine of up to $300 and possible requirement to participate in a drug education program for a first offense, and a misdemeanor punishable by up to 90 days in jail and/or a fine of up to $1,000 for a subsequent offense;
- More Than 42.5 Grams, But Less Than Five Kilograms (176.37 Ounces) — Controlled Substance Crime in the Fifth Degree (Minnesota Statute § 152.025) punishable by up to five years in prison and/or a fine of up to $10,000 for a first offense, and a minimum of six months up to 10 years in prison and/or a fine of up to $20,000 for a subsequent offense;
- Five Kilograms or More, But Less Than 25 Kilograms (881.849 Ounces) — Controlled Substance Crime in the Third Degree (Minnesota Statute § 152.023) punishable by up to 20 years in prison and/or a fine of up to $250,000 for a first offense, and a minimum of two years up to 30 years in prison and/or a fine of up to $250,000 for a subsequent offense;
- 25 Kilograms or More, But Less Than 50 Kilograms (1,763.7 Ounces) — Controlled Substance Crime in the Second Degree (Minnesota Statute § 152.022) punishable by up to 25 years in prison and/or a fine of up to $500,000 for a first offense, and a minimum of three years up to 40 years in prison and/or a fine of up to $500,000 for a subsequent offense; and
- 50 Kilograms or More — Controlled Substance Crime in the First Degree (Minnesota Statute § 152.021) punishable by up to 30 years in prison and/or a fine of up to $1 million for a first offense, and a minimum of four years up to 40 years in prison and/or a fine of up to $1 million for a subsequent offense.
Aggravated Penalties for Sale of Marijuana in Apple Valley
Criminal charges can become more complicated for alleged offenses involving the sale of marijuana when certain people or places are involved. A few of the aggravating factors that can result in harsher penalties than what alleged offenders would otherwise face include:
- More Than 42.5 Grams, But Less Than Five Kilograms in a School Zone, a Park Zone, a Public Housing Zone, or a Drug Treatment Facility — Controlled Substance Crime in the Fourth Degree (Minnesota Statute § 152.024) punishable by up to 15 years in prison and/or a fine of up to $100,000 for a first offense, and a minimum of one year up to 30 years in prison and/or a fine of up to $100,000 for a subsequent offense;
- Sale to a Person Under the Age of 18 or Conspiring With or Employing a Person Under the Age of 18 to Unlawfully Sell Marijuana — Controlled Substance Crime in the Third Degree (Minnesota Statute § 152.023) punishable by up to 20 years in prison and/or a fine of up to $250,000 for a first offense, and a minimum of two years up to 30 years in prison and/or a fine of up to $250,000 for a subsequent offense;
- Five Kilograms or More, But Less Than 25 Kilograms in a School Zone, a Park Zone, a Public Housing Zone, or a Drug Treatment Facility — Controlled Substance Crime in the Second Degree (Minnesota Statute § 152.022) punishable by up to 25 years in prison and/or a fine of up to $500,000 for a first offense, and a minimum of three years up to 40 years in prison and/or a fine of up to $500,000 for a subsequent offense; and
- 25 Kilograms or More in a School Zone, a Park Zone, a Public Housing Zone, or a Drug Treatment Facility — Controlled Substance Crime in the First Degree (Minnesota Statute § 152.021) punishable by up to 30 years in prison and/or a fine of up to $1 million for a first offense, and a minimum of four years up to 40 years in prison and/or a fine of up to $1 million for a subsequent offense.
Minnesota Resources for Sale of Marijuana
Minnesota Statute § 152.01 — Read the definitions relating to drug-free zones under this statute. Park zone is defined under Subdivision 12a, School zone is defined under Subdivision 14a, and Public housing zone is defined under Subdivision 19. The respective zones all include the areas within 300 feet or one city block—whichever distance is greater—of the respective boundaries.
Disparity by Design: How drug-free zone laws impact racial disparity – and fail to protect youth — The Justice Policy Institute is a national nonprofit organization that is “dedicated to reducing the use of incarceration and the justice system by promoting fair and effective policies.” The Institute produced this report designed to inform discussions about the fairness and efficacy of drug-free zone laws. The report states that the research “supports the notion that urban communities of color are disproportionately impacted by prohibited zones, and that enforcement of the laws has little or nothing to do with protecting children.”
Find a Lawyer for Selling Marijuana Arrests in Dakota County
If you were arrested for the alleged sale of cannabis in the Twin Cities, the possible penalties are much more serious than they are for simple possession and you should not say anything to authorities without legal representation. James Blumberg Law fights to protect the rights of clients accused of marijuana offenses in Scott County, Washington County, Anoka County, Carver County, Dakota County, Hennepin County, and Ramsey County.
Apple Valley criminal defense attorney James Blumberg is a former prosecutor who defends people in such communities as St. Cloud, Bloomington, Burnsville, Eagan, Lakeville, Minnetonka, and many others. You can receive an honest and thorough evaluation of your case as soon as you call (952) 431-7758 or submit an online contact form to set up a free, confidential consultation.