1st degree possession of a controlled substance

If you are charged with a 1st degree controlled substance crime, the Minnesota criminal defense lawyers at Lundgren & Johnson can help.  We’ve helped people facing 1st degree controlled substance charges avoid convictions altogether, avoid prison, and obtain reduced sentences.

1st degree controlled substance charges are the most serious drug charges in Minnesota.  A conviction for a 1st degree controlled substance crime can carry up to 40 years in prison, a $1,000,000.00 fine, or both.  A more detailed look at the presumptive sentences for 1st degree controlled substance convictions are below.

Sentencing Guidelines for 1st Degree Controlled Substance Convictions

The Minnesota Legislature passed the Drug Sentencing Reform Act in 2016.  The Drug Sentencing Reform Act largely reduced the penalties for drug convictions.  Unfortunately, the exception to that general rule is that it created harsher sentences for higher level 1st degree controlled substance convictions.

The harsher sentences can be seen from the Minnesota Sentencing Guidelines Drug Offender Grid:

As demonstrated by the non-shaded portions of the guidelines, all 1st degree controlled substance convictions carry presumptive prison commitments.  Those presumptive prison commitments range from 56 months to 189 months.  Depending on the circumstances, 1st degree controlled substance convictions can carry up to 480 months imprisonment.

The harsher sentences can also be seen in the mandatory minimum sentences required by the Drug Sentencing Reform Act for certain 1st degree controlled substance convictions.  If you are facing 1st degree controlled substance charges, your lawyer should advise you whether any mandatory minimum sentences apply to your circumstances.

There are a lot of circumstances that are considered 1st degree controlled substance crimes.  The more common circumstances are described below.

1st Degree Controlled Substance Charges Involving Drug Sales

The following sale crimes fall under the 1st degree controlled substance law, pursuant to Minnesota Statute Section 152.021, subdivision 1:

• Selling one or more mixtures of a total weight of 17 grams or more containing cocaine or methamphetamine  within a 90-day period.
• Selling one or more mixtures of a total weight of ten grams or more containing cocaine or methamphetamine within a 90-day period and:(i) 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(ii) the offense involves two aggravating factors.
• Selling one or more mixtures of a total weight of ten grams or more containing heroin within a 90-day period.
• Selling one or more mixtures of a total weight of 50 grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine within a 90-day period.
• Selling 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 200 or more dosage units within a 90-day period.
• Selling one or more mixtures of a total weight of 25 kilograms or more containing marijuana or Tetrahydrocannabinols within a 90-day period.

1st Degree Controlled Substance Charges Involving Drug Possession

The following possession crimes fall under the 1st degree controlled substance law, pursuant to Minnesota Statute Section 152.021, subdivision 2:

• Possession of one or more mixtures of a total weight of 50 grams or more containing cocaine or methamphetamine.
• Possession of one or more mixtures of a total weight of 25 grams or more containing cocaine or methamphetamine, and:(i) 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(ii) the offense involves two aggravating factors.
• Possession of one or more mixtures of a total weight of 25 grams or more containing heroin.
• Possession of one or more mixtures of a total weight of 500 grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine.
• Possession of one or more mixtures of a total weight of 500 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 500 or more dosage units.
• Possession of one or more mixtures of a total weight of 50 kilograms or more containing marijuana or Tetrahydrocannabinols, or possession of 500 or more marijuana plants.

Aggravating Factors for 1st Degree Drug Crimes

The following circumstances are considered “aggravating factors” for 1st degree drug crimes, pursuant to Minnesota Statute Section 152.01, subdivision 24:

• The defendant within the previous ten years, has been convicted of a violent crime other than a violation of a provision of Chapter 152 of the Minnesota Statutes.
• The drug crime was committed for the benefit of a gang.
• The drug crime involved separate acts of drug sale or possession of a controlled substance in three or more counties.
• The drug crime involved the transfer of controlled substances across a state or international border and into Minnesota.
• The drug crime involved at least three separate transactions in which controlled substances were sold, transferred, or possessed with intent to sell or transfer.
• The circumstances of the drug crime reveal that the person occupied a high position in the drug distribution hierarchy.
• The person used a position or status to facilitate the commission of the drug crime, including positions of trust, confidence, or fiduciary relationships.
• The drug crime involved the sale of a controlled substance to a person under the age of 18 or a vulnerable adult.
• The person or an accomplice manufactured, possessed, or sold a controlled substance in a school zone, park zone, correctional facility, or drug treatment facility.
• The person or an accomplice possessed equipment, drug paraphernalia, documents, or money evidencing that the drug crime involved the cultivation, manufacture, distribution, or possession of controlled substances in quantities substantially larger than the minimum threshold amount for the offense.

How Our Criminal Defense Lawyers Can Help You

Facing 1st degree controlled substance charges can be frightening, but it doesn’t have to be.  Our criminal defense lawyers can help you through the process, and advise you on the best way to obtain a positive outcome.

Every case is different.  We dedicate the time, resources, and skill necessary to help our clients.  The steps taken are different for each case, but include the following considerations:

• Reviewing the file with our client to ensure all evidence, especially favorable evidence, has been obtained.
• Determining what pretrial motions are necessary to prepare for trial, including motions to compel discovery.
• Determining if there are any grounds to have evidence suppressed, or the case dismissed entirely prior to trial, and then pursuing them.
• Conducting a private investigation to obtain favorable evidence and statements that the government may have overlooked or otherwise not obtained.
• Preparing the case for trial and advising our client about the advantages and disadvantages of proceeding to trial.
• Providing resources to address any underlying chemical, mental, emotional, or other personal issues.
• Gathering mitigating evidence for use at sentencing, if necessary.
• In the event of a conviction, assessing grounds for sentencing departures from the Minnesota Sentencing Guidelines.

Even though our law firm charges flat flees to represent people accused of drug crimes, our lawyers spend an incredible amount of time on our clients’ cases.  They do so because they understand what is at stake for their clients.  They do not rest until all viable defense avenues have been explored.

Your Freedom is at Stake – Hire a Lawyer to Fight for You

A 1st degree controlled substance conviction will alter the rest of your life.  It’s important to find a lawyer who will fight for you, your family, and your freedom.

Our lawyers provide no cost consultations so that you can make that important decision risk free.  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.