Sale of ten grams or more of any mixture or substance containing methamphetamine, or possession of 25 grams or more of any such substance, is a first-degree controlled substance crime and carries a penalty of up to 30 years' imprisonment and a $1 million fine, or both. If the person has a previous controlled substance conviction, the penalty is increased to at least four and up to 40 years' imprisonment. The Minnesota Sentencing Guidelines recommend an 86-month sentence for a person with no criminal history who is convicted of a first-degree controlled substance offense.
Meth: 3 to 10 grams sale; 6 to 25 grams possession
Sale of three to ten grams or possession of six to 25 grams of a methamphetamine substance is a second-degree controlled substance violation and is punishable by a 25-year prison sentence or a $500,000 fine, or both. For offenders with a previous controlled substance conviction, the penalty increases to up to 40 years (with a three-year minimum sentence) and an optional fine of up to $500,000. The Minnesota Sentencing Guidelines recommend a 48- month sentence for a person with no criminal history who is convicted of a second-degree controlled substance offense.
Meth Possession less than 6 grams
Possession of a substance containing any amount of methamphetamine is a fourth-degree controlled substance crime and carries a prison term of up to 15 years or a fine of up to $100,000 or both. With a previous controlled substance conviction, the term is at least one and up to 30 years, with an optional $100,000 fine. The Minnesota Sentencing Guidelines recommend a stayed 12-month sentence for a person with no criminal history who is convicted of a fourth-degree controlled substance offense.
State v. Peck
The Minnesota Supreme Court in October 2009 decided a case that allowed prosecutors to use the full weight of bong water as a drug substance for purposes of criminal charges for possession of methamphetamines regardless of how much contraband was actually present in the water.
Aggressive Defense Necessary
For an drug possession charge, and particularly charges related to methamphetamine possession or sale, aggressive representation is necessary. Often, significnat constitutional defense apply particularly with regard to search and seizure issues. Call 612.240.8005 for a FREE consultation
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
What determines Avvo Rating?Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.