As we said in our previous blog, charges for a first degree drug crimee carry some of the most severe consequences possible for a drug-related offense. If you are convicted of a first degree drug crime, you could face severe fines and prison sentences. So how can a person be charged with a first degree drug crime? Let's take a look:

Sales crimes

First degree drug crimes are charged against individuals who sell in large quantities. Under Minnesota State Law, a person is guilty of a 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 10 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, or one or more mixtures of a total weight of 25 kilograms or more containing marijuana or Tetrahydrocannabinols in a school zone, a park zone, a public housing zone or a drug treatment facility.
Possession crimes

As is the case with sales crimes, first degree drug possession crimes require an individual to unlawfully possess large quantities of a given illegal substance. Under Minnesota State Law, a person is guilty 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.
It is also important to note that a person is guilty of a first degree drug crime for manufacturing any amount of methamphetamine.

Consequences if convicted

Individuals charged with first degree drug crimes face serious consequences as part of a felony conviction. If you are convicted of a first degree drug crime, you could face the following penalties.

1. 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.

2. (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.

3. (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.