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There are five different levels of drug crimes in Minnesota ranging from first to fifth-degree with first degree being the most serious and fifth-degree being the least serious. What level the charge is depends on the controlled substance, the amount of the controlled substance, whether it was possessed or sold, and the criminal history of the person being charged. It is important to note that a sale crime can occur even without an actual sale because Minnesota law defines “sell” to include agreements to engage in a drug transaction and possession with the intent to engage in a drug transaction. See Minn. Stat. § 152.01 subd. 15a(2) & (3).
Under Minnesota’s controlled substance laws, penalties depend on whether an offense is
categorized as first, second, third, fourth or fifth degree. A first-degree drug crime is the most
serious, with the most severe penalties. Here are some of the crimes that fall under each degree
category:
First Degree: Possession of at least 50 grams of cocaine or methamphetamines, 25 grams of
heroin, 50 kilograms of marijuana or 500 marijuana plants; sale of at least 17 grams of cocaine or
methamphetamines, 10 grams of heroin, 50 grams of other narcotics, 200 doses of a hallucinogen
or 25 kilograms of marijuana.
Second Degree: Possession of at least 25 grams of cocaine or methamphetamines, 6 grams of
heroin, 50 grams of other narcotics, 100 doses of a hallucinogen, 25 kilograms of marijuana or
100 marijuana plants; sale of at least 3 grams of heroin, 10 grams of any other narcotic, 50 doses
of a hallucinogen, 10 kilograms of marijuana.
Third Degree: Possession of at least 3 grams of heroin, 10 grams of any other narcotic, 10
kilograms of marijuana; sale of any amount of a narcotic, 5 or more kilograms of marijuana.
Fourth Degree: Possession of 10 or more doses of a hallucinogen; possession of any amount of a
Schedule I, II or III controlled substance with intent to sell; sale of any Schedule I, II or III drug.
Fifth Degree: Possession of any amount of Schedule I, II, III or IV drugs except 42.5 grams or
less of marijuana; sale of any amount of marijuana or other Schedule IV drug.