First degree drug crime charges. The most serious offense.
If you or a loved one is charged with a first degree drug crime, you could face serious consequences, including severe fines and prison sentences. Below is a detailed account of what constitutes a first degree drug crime and the related penalties associated with the crime.
Charged with a drug crime? Contact Olson Defense for a free case consultation at 952.835.1088.
Sale crimes.
A person is guilty of controlled substance crime in the first 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 ten 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 50 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 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; or
- on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 50 kilograms or more containing marijuana or Tetrahydrocannabinols (THC), or one or more mixtures of a total weight of 25 kilograms or more containing marijuana or Tetrahydrocannabinols (THC) in a school zone, a park zone, a public housing zone, or a drug treatment facility.
Possession crimes.
A person is guilty of a controlled substance crime in the first degree if:
- the person unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing cocaine, heroin, or methamphetamine;
- the person unlawfully possesses one or more mixtures of a total weight of 500 grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
- the person unlawfully possesses 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; or
- the person unlawfully possesses one or more mixtures of a total weight of 100 kilograms or more containing marijuana or Tetrahydrocannabinols (THC).
A person is guilty of a controlled substance crime in the 1st degree if the person manufactures any amount of methamphetamine.
Penalties. What you could face if convicted.
- (a) A person convicted under subdivisions 1 to 2a, paragraph (a), may be sentenced to imprisonment for not more than 30 years or to payment of a fine of not more than $1,000,000, or both.
- (b) If the conviction is a subsequent controlled substance conviction, a person convicted under subdivisions 1 to 2a, paragraph (a), shall be committed to the commissioner of corrections for not less than four years nor more than 40 years and, in addition, may be sentenced to payment of a fine of not more than $1,000,000.
- (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.
Have more questions about a first degree drug crime charge? Contact Olson Defense for a free consultation.