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Caplan & Tamburino Law Firm, PA

We have over a century of collective legal experience and have been practicing in state and federal courts across Minnesota since 1983.

Sale of a Controlled Substance

Minneapolis Drug Crime Lawyer

Drug crimes are serious allegations in Minnesota, and they carry stiff penalties that threaten the freedoms and futures of convicted individuals. This is especially true when charges involve the alleged sale of controlled substances, which are classified among the highest level drug offenses by Minnesota state law, and which can be subject to penalty enhancements when aggravating circumstances are involved.

At Caplan & Tamburino Law Firm, P.A., our Minneapolis criminal defense lawyers have built a reputation for fighting on behalf of clients charged with various state and federal crimes across the Twin Cities and state of Minnesota, including serious drug crimes involving sales, trafficking, and distribution. Due to the potential for life-altering penalties in these cases, we leverage decades of collective experience and the insight of attorneys designated as MSBA Board Certified Criminal Law Specialists (a distinction held by just 3% of lawyers statewide) to fight for the most positive results possible, including case dismissals and reduced charges and penalties.

Discuss a drug crime case and your defense personally with a Minnesota drug crime attorney from Caplan & Tamburino Law Firm, P.A. Call (612) 444-5020 for a FREE consultation.

Minnesota Drug Crime Laws: Sales & Sentencing

In 2016, Minnesota made sweeping legislative changes to reform the state’s criminal drug laws. While those reform efforts were designed to better address drug addiction and minor offenders, they still impose severe repercussions for individuals accused of more serious drug-related charges. When determining which charges to file, and potential sentences, prosecutors and courts use a classification system that separates drug crimes into five degrees – with fifth-degree charges being the least severe and first-degree charges being the most serious.

Under Minnesota state law, sale of controlled substances is typically a felony offense, as they are a minimum third-degree charge. However, the severity of a change and potential penalties are dependent on the unique facts involved, including which controlled substance was involved and how much. For example:

First-Degree Sale – There are minimum quantity thresholds for charges involving the sale of controlled substances. For first-degree sale crimes, Minnesota Statutes § 15.021 establishes the following minimum thresholds:

  • Cocaine / Methamphetamine – 17 grams
  • Heroin – 10 grams
  • Amphetamine, PCP, Hallucinogens – 200 dosage units / 50 grams
  • Marijuana / THC – 25 kg (55 pounds)
  • Other controlled substance narcotics – 50 grams

Second-Degree Sale

  • Cocaine / Methamphetamine – 10 grams
  • Heroin – 3 grams
  • Amphetamine, PCP, Hallucinogens – 50 dosage units / 10 grams
  • Marijuana / THC – 10 kg (22 pounds)
  • Other controlled substance narcotics – 10 grams
  • Sales to minors or in parks, schools, public housing, or drug treatment facilities

Third-Degree Sale

  • Cocaine / Methamphetamine – any amount
  • Heroin – any amount
  • Amphetamine, PCP, Hallucinogens – 10 dosage units
  • Marijuana / THC – 5 kg (11 pounds)
  • Other controlled substance narcotics – any amount

Sentencing is based on a drug offender sentencing grid that takes into account the degree of the underlying charge and a defendant’s criminal history score. Previous criminal and drug crime convictions can increase presumptive prison sentences, as can a number of aggravating factors, including:

  • Violent crime convictions within 10 years
  • Gang-related crimes
  • Separate acts of sale or possession in 3 or more counties
  • Transfer of controlled substances across state or international borders
  • Sale to minors or vulnerable adults
  • And more

Although each case is unique and penalties dependent on the unique facts involved, all felony level charges for sale of controlled substances impose substantial penalties, including terms of imprisonment that can reach up to 30 years. If drug crime cases are handled as federal crimes, defendants face substantial penalties and terms of imprisonment as well, and should prioritize working with attorneys who have experience in federal courts.

Protect Your Rights: Request a FREE Consultation Today

If you or someone you love has been charged with sale of a controlled substance, at either the state or federal level, you must understand that severe penalties are on the line. To protect your rights and explore all available options for a positive resolution, do not hesitate to reach out for the support and representation our experienced defense attorneys at Caplan & Tamburino Law Firm, P.A. can provide. Request a free and confidential consultation today when you contact us.

Put Our Attorneys On Your Side

Our team has 100 years of collective experience. Our lawyers, Allan Caplan and Joe Tamburino, are frequently featured on local news networks, including radio and television appearances on Fox and WCCO radio. This has helped Caplan & Tamburino Law Firm, P.A. rise to prominence and gain a solid reputation of fighting vigorously not only for our clients, but also against the injustices they face when they have been charged with a crime or have been wrongfully injured.

Attorney Profiles

What Our Clients Are Saying

  • “How do I ever thank you enough for your amazingly great strategy that got my case dismissed! ” - J. E.
  • “ Kayla Wengronowitz was my attorney in a claim against me involving Title IX and won my difficult and extensive case. She was a beacon of hope to me when my options seemed very limited. Kayla provided clarity for me to understand everything happening in the case, she made smart and calculated decisions, she made sure I was comfortable with every decision she made, and she responded to difficult situations seemingly with ease. Most importantly, Kayla was empathetic and provided comfort throughout the strenuous process. I am extremely grateful for her service and highly recommend her without reservation.” - Anonymous
  • “I strongly recommended to anybody who needs a criminal lawyer representation ” - M.M.
  • “ I just wanted to thank you so much! I am so pleased with all the hard work you put in. I would have never had the chance to get the outcome I did without you. You did an amazing job and we are feeling very greatful to have made the right call when we chose you.” - P.K.
  • “ Hi Allan, Just wanted to say thanks for the phone call last night and all the support today at court. It's been the most stressful time of my life but your advice, superior knowledge, confidence, and support are very much appreciated.” - D.D.
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