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Controlled Substance Crimes and PenaltiesRate this product/article
First DegreeSale: 10+ grams cocaine, heroin or methamphetamine or 200+ doses of other narcotic drug, amphetamine, phencyclidine or hallucinogen, 50 kilos marijuana or 25+ kilos marijuana in a school zone, park zone, public housing zone or drug treatment facility, the manufacture of any amount of methamphetamine.Possession: 25+ grams cocaine, heroin or methamphetamine, or 500+ doses of other narcotic drug, amphetamine, phencyclidine or hallucinogen, 100+ kilos marijuana. Penalty: 0-30 yrs; up to $1 million fine. 4-40 years; up to $1 million fine for second or subsequent controlled substance offense. Guidelines: Imprisonment for 86 to 158 months; minimum $300,000 fine Second DegreeSale: 3+ grams cocaine, heroin, or methamphetamine, 10+ grams or 50+ doses of other narcotic drug, amphetamine, phencyclidine or hallucinogen, 25+ kilos marijuana, or any Schedule I or II narcotic drug either to a person under 18 or employment of a person under 18 to sell the same or any amount of any Schedule I or II narcotic drug, LSD, amphetamine or methamphetamine, or 5 kilos of marijuana in a school zone, park zone public housing zone or drug treatment facility.Possession: 6+ grams cocaine, heroin, methamphetamine, 50+ grams or 100+ doses of other narcotic drug, amphetamine, phencyclidine or hallucinogen, 50+ kilos marijuana. Penalty: 0-25 yrs; up to $500,000 fine. 3-40 yes; up to $500,000 fine for second or subsequent controlled substance offense. Guidelines: Imprisonment for 48 to 108 months; minimum $150,000 fine Third DegreeSale: Any amount narcotic drug, 10+ doses phencyclidine or hallucinogen, 5+ kilos marijuana, or sale of any Schedule I, II, or III drug (except marijuana) to a person under 18 or employment of person under 18 to sell same.Possession: 3+ grams cocaine, heroin, or methamphetamine, 10+ grams of 50 doses of other narcotic drug, 10+ kilos marijuana, and any amount of a Schedule I or II narcotic drug or LSD or methamphetamine or 5+ kilos marijuana in a school zone, park zone, public housing zone, or drug treatment facility. Penalty: 0-20 yrs; up to $250,000 fine. 2-30 years; up to $250,000 fine for second or subsequent controlled substance offense. Guidelines: Probation or imprisonment for 34-65 months. Fourth DegreeSale: Any Schedule I, II, or III drug (except marijuana), or sale of marijuana in a school zone, park zone, public housing zone, or drug treatment facility or any Schedule IV or V drug to person under 18 or conspiracy with or employment of person under 18 to do the same.Possession: 10 doses phencyclidine or hallucinogen. Penalty: 0-15 yrs; up to $100,000 fine. 1-30 years; up to $100,000 fine for second or subsequent controlled substance offense. Guidelines: Probation or imprisonment for 25-41 months Fifth DegreeSale: Marijuana, or any Schedule IV drug. Possession: All Schedule I, II, III, or IV drugs except 42.5 grams or less of marijuana. Any prescription drug obtained through false pretenses of forgery.Penalty: 0-5 yrs; up to $10,000 fine. 6 months to 10 years; up to $10,000 fine for second or subsequent controlled substance offense. Guidelines: Probation or imprisonment for 21 months Possession of 42.5 grams or less of marijuana, without remuneration, is a petty misdemeanor punishable by a fine of up to $200 and required attendance at an approved drug education program. Failure to comply with those sanctions or a second conviction within two years constitutes a misdemeanor. Possession of more than 1.4 grams of marijuana in an automobile continues to be a misdemeanor under Minnesota law. In addition to charging offenders with possession and sale crimes, Minnesota prosecutors can charge drug offenders with, depending on the circumstances: (1) failure to purchase drug tax stamps from the State Commissioner of Revenue; (2) money laundering, if the person conducted a financial transaction with money that he knew was the proceeds of a felony drug crime; and (3) racketeering, under which a dealer can be fined up to three times his gross profits; and (4) importation | |||
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