A 2nd degree drug crime is a serious criminal charge in Minnesota. In fact, it’s one of the most serious criminal charges in Minnesota.
Presumptive prison commitments are just one of many reasons why defendants should take 2nd degree drug crime charges* seriously.
*2nd degree drug crimes are defined by Minnesota Statute Section 152.022. Drug crimes are technically called controlled substance crimes in Minnesota. In this article, the two names will be used interchangeably.
The Drug Crime Lawyers at Lundgren & Johnson Can Help
The Minnesota criminal defense and drug crime lawyers at Lundgren & Johnson have helped people facing 2nd degree drug crime charges:
- Avoid convictions altogether;
- Avoid prison;
- Resolve cases to reduced charges; and
- Obtain reduced sentences.
Do you need the help of a lawyer for a 2nd degree drug crime? Given the severity of the penalties involved, the help of a drug crime lawyer is recommended.
What are the Penalties for 2nd Degree Drug Crime Convictions?
2nd degree drug crimes are felonies. Penalties for 2nd degree drug crimes are established in Minnesota Statute Section 152.022, subdivision 3:
- A person convicted of a second degree drug crime can be sentenced to imprisonment up to 25 years, payment of a fine up to $500,000, or both; and
- If the conviction is a subsequent controlled substance conviction, a person convicted of a 2nd degree drug crime will face a mandatory minimum executed prison sentence of three years, and can be sentenced to a total of 40 years in prison. In addition, the person may be sentenced to payment of a fine of not more than $500,000.
The presumptive sentences under the Minnesota Sentencing Guidelines for 2nd degree drug crime convictions are detailed below.
2nd Degree Drug Crime Sentencing Guidelines
The Minnesota Legislature passed the Drug Sentencing Reform Act in 2016. The Drug Sentencing Reform Act largely reduced the penalties for drug convictions. Unfortunately, one exception to that general rule is that people with a criminal history generally, or a history of drug convictions specifically, are treated more harshly for 2nd degree drug convictions.
The harsher sentences can be seen from the Minnesota Drug Sentencing Guidelines Drug Offender Grid:
Drug Sales that are Considered 2nd Degree Drug Crimes
The drug sale crimes below are considered 2nd degree offenses, pursuant to Minnesota Statute Section 152.022, subdivision 1.
Selling:
- Ten or more grams of a mixture containing a narcotic drug other than heroin in a 90-day period;
- Three or more grams of a mixture containing cocaine or methamphetamine in a 90-day period, and: (1) the person or an accomplice possesses on their person or within immediate reach, or uses, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm; or (2) the offense involves three aggravating factors;
- Three or more grams of a mixture containing heroin in a 90-day period;
- Ten or more grams of a mixture containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 50 or more dosage units in a 90-day period;
- Any amount of a Schedule I or II narcotic drug to a person under the age of 18, or conspires with or employs a person under the age of 18 to unlawfully sell the substance; or
- In a school zone, a park zone, a public housing zone, or a drug treatment facility, and: (1) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD), methylenedioxy amphetamine, or methylenedioxymethamphetamine; (2) one or more mixtures containing methamphetamine or amphetamine; or (3) one or more mixtures of a total weight of five kilograms or more containing marijuana or Tetrahydrocannabinols (THC).
2nd Degree Controlled Substance Charges Involving Drug Possession
The drug possession crimes below are considered 2nd degree crimes, pursuant to Minnesota Statute Section 152.022, subdivision 2.
Possessing:
- One or more mixtures weighing 25 grams or more that contains cocaine or methamphetamine;
- One or more mixtures weighing ten grams or more that contains cocaine or methamphetamine, and: (1) the person or an accomplice possesses on their person or within immediate reach, or uses, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm; or (2) the offense involves three aggravating factors;
- Six grams or more of heroin, whether in one mixture or more;
- 50 grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
- One or more mixtures of a total weight of 50 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 100 or more dosage units; or
- 25 kilograms or more of cannabis flower, five kilograms or more of cannabis concentrate, or edible cannabis products, lower-potency hemp edibles, hemp-derived consumer products, or any combination of those infused with more than 500 grams of tetrahydrocannabinols.
Does Fluid in a Water Pipe Count Towards Weight for Possession Offenses?
Yes and no. With regard to 2nd degree possession offenses, Minnesota Statute Section 152.022, subdivision 2(b) states that:
The weight of fluid used in a water pipe may not be considered in measuring the weight of a mixture, except in cases where the mixture contains four or more fluid ounces of fluid.
Aggravating Factors for 2nd Degree Drug Crimes
There are 10 potential aggravating factors for a 2nd degree drug crime. Among those factors are whether the person has a previous conviction for a crime of violence, committed the drug crime for the benefit of a gang, and whether the drug crime occurred over three or more counties.
All of the 10 aggravating factors are listed in Minnesota Statute Section 152.01, subdivision 24, and are described more fully in a previous article we’ve written on 1st degree controlled substance crimes.
How Our Drug Crime Lawyers Can Help You
Facing 2nd degree controlled substance charges can be difficult for defendants, but it doesn’t have to be. Our criminal defense lawyers can help you fight the charges and find best way to obtain a positive outcome.
Our comprehensive approach to defending our clients against drug crime charges are detailed in two of our previous articles:
One example of a positive outcome our attorneys have achieved in a second degree case paints a picture of the service our attorneys provide. It involved a reduction of charges from second degree to fifth degree because the prosecutor made a big mistake when bringing the criminal charges.
The client was accused of growing and harvesting numerous marijuana plants for sale. What’s more, the prosecutor alleged that the client recruited his minor daughter to assist in his grow operation.
The prosecutor charged out a second degree controlled substance crime under the theory that marijuana was a “narcotic drug.” A conviction would have carried a presumptive prison commitment.
A challenge to that charge was made because marijuana was not defined as a “narcotic drug” under Minnesota law.
The judge agreed and dismissed the second degree drug crime charge against the client. His case was resolved as a fifth degree controlled offense and he received a stay of imposition, meaning it would eventually be reduced to a misdemeanor.
Due to our lawyers’ knowledge and diligence in defending drug crimes, the client went from facing prison time to having a conviction that would be reduced to a misdemeanor.
Hire a Drug Lawyer Who Will Fight for You – Your Future Depends on It
Being charged with a 2nd degree drug crime will have a significant impact on your life.
It’s important that you find an experienced lawyer who will take your case as seriously as you do.
It is important that you find a lawyer willing to go the extra mile for your future.
The drug crime lawyers at Lundgren & Johnson provide their clients with exceptional defenses. Give us a call today to learn more about what our criminal defense lawyers can do for you.
You can reach us at 612-767-9643, or by filling out the form below.
