A felony second degree drug charge is a serious allegation; the second most serious drug charge you can be face in Minnesota county courts. 2nd degree controlled substance charges are divided into (1) selling or possessing with the intent to sell, and (2) possession.
2nd Degree Controlled Substance – SALES
A 2nd degree controlled substance sale charge means the government is accusing you of selling, or possessing with the intent to sell, the following types and quantities of narcotics within a 90-day period:
- 10 grams or more of a narcotic drug other than heroin;
- 3 grams or more of cocaine or methamphetamine and you or an accomplice possesses or uses a firearm, or the offense includes 3 aggravating factors;
- 3 grams or more of heroin;
- 10 grams or more, or 50 dosages, of amphetamine, phencyclidine, or hallucinogen;
- 10 kilograms or more of marijuana or Tetrahydrocannabinols (THC);
- Any amount of a Schedule I or II narcotic drug to someone under 18 years of age, or conspires or employs anyone under 18 to sell the narcotic;
- Any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine
- Any of the following in a school zone, a park zone, a public housing zone, or a drug treatment facility:
- any amount of a Schedule I or II narcotic drug, methamphetamine or amphetamine, lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;
- 5 kilograms or more of marijuana or THC.
2nd Degree Controlled Substance – POSSESSION
A 2nd degree controlled substance possession charge means an accusation of possession of the following:
- 25 grams or of cocaine or methamphetamine;
- 10 grams or more of cocaine or methamphetamine and you or an accomplice possesses or uses a firearm, or the offense includes 3 aggravating factors;
- 6 grams or more of heroin;
- 50 grams or more of a narcotic drug other than cocaine, heroin, or methamphetamine;
- 50 grams or more, or 100 or more dosages or amphetamine, phencyclidine, or a hallucinogen;
- 25 kilograms or more of marijuana or THC
- 100 or more marijuana plants.
In drug possession cases, the government can use liquid containing traces of the above controlled substances if the liquid is 4 or more fluid ounces. What this means is that the weight of the water in a water pipe or bong, water mixed with the listed drugs, can be used in some circumstances.
CALL DEFENSE LAWYER COLEY GROSTYAN NOW AT 612-747-2254
Although maximum penalties only apply in rare cases, someone convicted of a 2nd degree drug charge can be sentenced to a maximum of 25 years in prison and/or a $500,000 fine. If you are a repeat offender (i.e. you have a prior controlled substance conviction), a mandatory minimum 3-year prison sentence applies to 2nd degree charges, and the maximum increases to 40 years in prison.
Given the seriousness of a second degree drug charge, it is vitally important to have an drug defense lawyer like Coley Grostyan who has extensive experience defending against drug charges, and knows the complexities of Minnesota’s drug laws. Coley J. Grostyan is always accessible and promptly responds to the needs of his clients 24 hours a day, 7 days a week. For confidential and professional representation, contact Coley Grostyan today at 612-747-2254.