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Drug crime charges in the second degree.

You could face serious consequences including severe fines and prison sentences if charged with a second degree drug crime. Below is a detailed account of sale and possession drug crimes in the second degree and the related penalties associated with the crime.

Charged with a drug crime? Contact Eric J. Olson today for a free case consultation at 952.835.1088.

Sale crimes.
A person is guilty of controlled substance crime in the second degree if:

  • on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of three grams or more containing cocaine, heroin, or methamphetamine;
  • on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
  • on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 50 or more dosage units;
  • on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 25 kilograms or more containing marijuana or Tetrahydrocannabinols;
  • the person unlawfully sells 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
  • the person unlawfully sells any of the following in a school zone, a park zone, a public housing zone, or a drug treatment facility:
  • (i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;
  • (ii) one or more mixtures containing methamphetamine or amphetamine; or
  • (iii) one or more mixtures of a total weight of five kilograms or more containing marijuana or Tetrahydrocannabinols.

Possession crimes.
A person is guilty of controlled substance crime in the second degree if:

  1. the person unlawfully possesses one or more mixtures of a total weight of six grams or more containing cocaine, heroin, or methamphetamine;
  2. the person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
  3. the person unlawfully possesses 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
  4. the person unlawfully possesses one or more mixtures of a total weight of 50 kilograms or more containing marijuana or Tetrahydrocannabinols.

Penalties. What you could face if convicted.

  • (a) A person convicted under subdivision 1 or 2 may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $500,000, or both.
  • (b) If the conviction is a subsequent controlled substance conviction, a person convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections for not less than three years nor more than 40 years and, in addition, may be sentenced to payment of a fine of not more than $500,000.
  • (c) In a prosecution under subdivision 1 involving sales by the same person in two or more counties within a 90-day period, the person may be prosecuted for all of the sales in any county in which one of the sales occurred.

Learn more about 2nd degree drug crime charges. Contact Eric J. Olson for a free consultation.

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If you or a loved one is facing criminal charges or a DWI, contact Eric J. Olson. Mr. Olson is always glad to meet with you for a free consultation at his office in the Minneapolis metro area or any convenient location. If you find yourself in jail or any emergency situation, call Olson Defense before you talk to the police.