Meth in Minnesota
Under both state and federal law, methamphetamine is a Schedule I controlled substance, which means that there is no accepted medical use, and it is not available by prescription.
Under Minnesota law, the unlawful possession or sale of any amount of meth is a felony.
Fifth Degree Possession of Meth
Fourth Degree Possession of Meth With Intent to Sell
Third Degree Possession of Meth
- Possession of one or more mixtures containing methamphetamine on one or more occasions within 90 days, when the mixtures have a total weight of 3 grams or more
- Possession of meth in a school zone, park zone, public housing zone, or drug treatment facility
A conviction for third degree possession carries a penalty of up to 20 years in prison and a fine of up to $250,000. If it is a second or subsequent controlled substance conviction, then there is a mandatory minimum sentence of two years in prison, a maximum sentence of 30 years, and a fine of up to $250,000
Second Degree Possession of Meth
First Degree Possession of Meth
- give away
- distribute or dispose of to another
- offer or agree to do any of the above
- possess with intent to do any of the above
Third Degree Sale of Meth
Second Degree Sale of Meth
- Sale of one or more mixtures containing meth within 90 days with a total weight of three grams or more
- Sale of any amount of meth to a person under the age of 18
- Conspiring with or employing a person under the age of 18 to sell meth
- Selling meth in a school zone, park zone, public housing zone, or drug treatment facility
A conviction for second degree sale of a controlled substance carries a sentence of up to 25 years in prison and a fine of up to $500,000. If it is a second or subsequent controlled substance conviction, there is a mandatory minimum sentence of three years, a maximum sentence of 40 years, and a fine of up to $500,000.
First Degree Sale of Meth
Weapons Enhancements in Possession and Sale Cases
Firearms: Minnesota law provides a three year mandatory minimum sentence for a felony drug conviction when “the defendant or an accomplice, at the time of the offense, had in possession or used, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm.” For a second or subsequent offense, the mandatory minimum increases to five years.
Other Dangerous Weapons: Minnesota law provides a mandatory minimum sentence of a year and a day for a felony drug conviction in which “the defendant or an accomplice, at the time of the offense, used, whether by brandishing, displaying, threatening with, or otherwise employing, a dangerous weapon other than a firearm.” For a second or subsequent offense, the mandatory minimum increases to three years.
Third-Degree Murder – Meth
Minnesota law provides: “Whoever, without intent to cause death, proximately causes the death of a human being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering [methamphetamine], is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $40,000, or both.”
Most people know that driving while under the influence of a controlled substance can result in an impaired driving conviction. What many people do not realize, is that the crime of impaired driving includes driving, operating, or being in physical control of a motor vehicle while one’s body contains “any amount of [methamphetamine], or its metabolite.”
Federal Meth Crimes
Federal authorities, including the Drug Enforcement Administration and the United States Attorney’s Office, often in partnership with local law enforcement and prosecutors, tend to focus their investigative and prosecutorial resources to target drug trafficking organizations. These investigations seek to reduce the prevalence and availability of illegal drugs by identifying, prosecuting, and imprisoning top-level individuals responsible for importing, manufacturing, transporting, and distributing drugs.
Federal prosecutions are typically charged as conspiracies, and often involve numerous defendants. While the goal may be to identify top and mid-level individuals, it is not unusual for low-level dealers, and even mere users, to find themselves charged in federal cases. Sometimes users become dealers, or become involved in sales or distribution to support their own habits.
Depending on the circumstances, a federal trafficking conviction can carry a lengthy sentence, including up to life in prison. Many federal meth convictions have mandatory minimum sentences. Mandatory minimum sentences are typically five or ten years, but in some circumstances can be 20 years, 30 years, or even life in prison.
Defense Attorney for Meth Cases
If you or someone you love is being investigated or prosecuted for a crime involving meth, an experienced criminal defense attorney can be an enormous help. At F. Clayton Tyler, P.A., our experienced defense attorneys use our experience and credentials to obtain results for our clients. While our attorneys are willing to step in at most stages, the sooner we are hired, the sooner we can begin and the more options will be available to address both the legal and factual issues in the case. Contact us today for a free consultation about your case.
Our defense attorneys regularly appear in both state and federal courts around the Twin Cities, including Minneapolis, Edina, Minnetonka, and Brooklyn Center (Hennepin County); St. Paul and Maplewood (Ramsey County); Anoka (Anoka County); Stillwater (Washington County); Shakopee (Scott County); Chaska (Carver County); Hastings, West St. Paul, and Apple Valley (Dakota County).
We also defend drug cases across the state, and have handled cases in many Minnesota counties, including Sherburne County (Elk River), Wright County (Buffalo), Chisago County (Center City), Isanti County (Cambridge), Rice County (Faribault), Goodhue County (Red Wing), Stearns County (St. Cloud), Blue Earth County (Mankato), Olmsted County (Rochester), and St. Louis County (Duluth).
If you are facing a criminal charge, you need professional, personal representation. Our team of attorneys will offer you Straight Talk and Honest Answers about your case.