{"id":374230,"date":"2016-03-31T21:35:40","date_gmt":"2016-04-01T02:35:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/minnesota-law\/minnesota-cocaine-laws.html"},"modified":"2024-10-30T10:23:57","modified_gmt":"2024-10-30T15:23:57","slug":"minnesota-cocaine-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/minnesota-law\/minnesota-cocaine-laws.html","title":{"rendered":"Minnesota Cocaine Laws"},"content":{"rendered":"\n
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Minnesota Cocaine Laws<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Cocaine is a controlled substance that faces scrutiny in all U.S. jurisdictions. The Drug Enforcement Administration (DEA) classifies cocaine<\/a> as a Schedule II drug. It’s prohibited for recreational use and outlawed for almost all other purposes. Federal and state laws provide guidelines and penalties<\/a> for the possession, sale, and trafficking of cocaine.<\/p>\r\n

While some states have backed away from the enforcement of mandatory minimum sentences, Minnesota imposes mandatory minimum sentences for some drug crimes. These mandatory minimums apply based on whether the defendant has a criminal history. This article will examine Minnesota cocaine laws and the penalties offenders may face.<\/p>\r\n

Minnesota Drug Laws<\/b><\/h2>\r\n

Minnesota is one of a growing number of states offering alternatives to prison for some non-violent drug offenses. The purpose of Minnesota’s drug court<\/a> is to reduce recidivism by helping those convicted of low-level drug charges avoid jail time and receive treatment.<\/p>\r\n

Details about Minnesota cocaine laws are listed below. For more general information, see FindLaw’s Drug Charges<\/a> section.<\/p>\r\n\r\n

Minnesota Cocaine Laws Code Sections<\/b><\/p>\r\n<\/th>\r\n

Minnesota Statutes<\/b><\/p>\r\n

Chapter 152 – Drugs; Controlled Substances<\/u><\/p>\r\n

Cocaine Possession Penalties Under Minnesota Law<\/b><\/p>\r\n<\/th>\r\n

First-degree felony:<\/b><\/p>\r\n

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  • Possession of over 50 grams of cocaine<\/li>\r\n
  • Possession of over 25 grams of cocaine while possessing a firearm<\/li>\r\n
  • Possession of over 25 grams of cocaine and the offense involves two aggravating factors<\/li>\r\n<\/ul>\r\n

    Penalties for a first-degree felony controlled substance crime:<\/p>\r\n

      \r\n
    • First conviction<\/b>: Up to 30 years in prison and a fine of up to $1,000,000<\/li>\r\n
    • Subsequent drug conviction<\/b>: Committed to the commissioner of corrections for between four to 40 years and a fine of up to $1,000,000<\/li>\r\n<\/ul>\r\n

      Second-degree felony:<\/b><\/p>\r\n

        \r\n
      • Possession of over 25 grams of cocaine<\/li>\r\n
      • Possession of over 10 grams of cocaine while possessing a firearm<\/li>\r\n
      • Possession of over 10 grams of cocaine and the offense involves three aggravating factors<\/li>\r\n<\/ul>\r\n

        Penalties for a second-degree felony controlled substance crime:<\/p>\r\n

          \r\n
        • First conviction<\/b>: Up to 25 years and a fine of up to $500,000<\/li>\r\n
        • Subsequent conviction<\/b>: Committed to the commissioner of corrections for between three years to 40 years and a fine of up to $500,000<\/li>\r\n<\/ul>\r\n

          Third-degree felony:<\/b><\/p>\r\n

            \r\n
          • Possession of 10 grams of cocaine<\/li>\r\n
          • Possession of 50 or more dosage units of cocaine<\/li>\r\n
          • Possession of any amount of cocaine in a school zone, park zone, public housing zone, or a drug treatment facility<\/li>\r\n<\/ul>\r\n

            Penalties for a third-degree felony controlled substance crime:<\/p>\r\n

              \r\n
            • Up to 20 years in prison and a fine of up to $250,000<\/li>\r\n<\/ul>\r\n

              Fourth-degree felony:<\/b><\/p>\r\n

                \r\n
              • Possession of any amount of cocaine with the intent to sell it<\/li>\r\n<\/ul>\r\n

                Penalties for a fourth-degree felony controlled substance crime:<\/p>\r\n

                  \r\n
                • Up to 15 years in prison and a fine of up to $100,000<\/li>\r\n<\/ul>\r\n

                  Fifth-degree felony:<\/b><\/p>\r\n

                    \r\n
                  • Possession of any amount of cocaine<\/li>\r\n
                  • The person procures, attempts to procure, possesses, or has control over a controlled substance, and they obtained possession via fraud, deceit, misrepresentation, subterfuge, using a false name or false credit, falsely assuming the title of, or falsely representing any person to be, a manufacturer, wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice medicine, dentist, podiatrist, veterinarian, or other authorized person to obtain a controlled substance<\/li>\r\n<\/ul>\r\n

                    Penalties for a fifth-degree felony controlled substance crime:<\/p>\r\n

                      \r\n
                    • Up to five years in prison and a fine of up to $10,000<\/li>\r\n
                    • Gross misdemeanor if they possessed less than 0.25 grams of cocaine or one dosage unit<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Cocaine Sales Penalties Under Minnesota Law<\/b><\/p>\r\n<\/th>\r\n

First-degree felony:<\/b><\/p>\r\n

    \r\n
  • The unlawful sale of 17 or more grams of cocaine<\/li>\r\n
  • The unlawful sale of 10 or more grams of cocaine while possessing a firearm<\/li>\r\n
  • The unlawful sale of 10 or more grams of cocaine and the offense involved two aggravating factors<\/li>\r\n<\/ul>\r\n

    Penalties for a first-degree felony<\/u>:<\/p>\r\n

      \r\n
    • First conviction<\/b>: Up to 30 years in prison and a fine of up to $1,000,000<\/li>\r\n
    • Subsequent drug conviction<\/b>: Committed to the commissioner of corrections for between four to 40 years and a fine of up to $1,000,000<\/li>\r\n<\/ul>\r\n

      Second-degree felony:<\/b><\/p>\r\n

        \r\n
      • The unlawful sale of 10 or more grams of cocaine<\/li>\r\n
      • The unlawful sale of three or more grams of cocaine while possessing a firearm<\/li>\r\n
      • The unlawful sale of three or more grams of cocaine and the offense involved three aggravating factors<\/li>\r\n
      • The unlawful sale of any amount of a narcotic drug to a person under the age of 18<\/li>\r\n
      • Conspiring with or employing a person under the age of 18 to unlawfully sell a narcotic drug<\/li>\r\n
      • The unlawful sale of any amount of cocaine in a school zone, park zone, public housing zone, or drug treatment facility<\/li>\r\n<\/ul>\r\n

        Penalties for a second-degree felony<\/u>:<\/p>\r\n

          \r\n
        • First conviction<\/b>: Up to 25 years and a fine of up to $500,000<\/li>\r\n
        • Subsequent conviction<\/b>: Committed to the commissioner of corrections for between three to 40 years and a fine of up to $500,000<\/li>\r\n<\/ul>\r\n

          Third-degree felony<\/b><\/p>\r\n

            \r\n
          • The unlawful sale of one or more mixtures of a narcotic drug<\/li>\r\n
          • The unlawful sale of cocaine to a person under the age of 18<\/li>\r\n<\/ul>\r\n

            Penalty for third-degree felony<\/u>:<\/p>\r\n

              \r\n
            • Up to 20 years and a fine of up to $250,000<\/li>\r\n<\/ul>\r\n

              Fourth-degree felony<\/b><\/p>\r\n

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              • The unlawful sale of cocaine<\/li>\r\n<\/ul>\r\n

                Penalty for fourth-degree felony<\/u>:<\/p>\r\n

                  \r\n
                • Up to 15 years and a fine of up to $100,000<\/li>\r\n<\/ul>\r\n

                  Fifth-degree felony<\/b><\/p>\r\n

                    \r\n
                  • Not applicable to the sale of cocaine<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Minnesota Cocaine Trafficking Offenses and Penalties<\/b><\/p>\r\n<\/th>\r\n

Any person who enters Minnesota from another state or Canada while possessing an amount of cocaine that constitutes a first-degree controlled substance crime is guilty of a felony.<\/p>\r\n

Any person who conspires or employs someone under the age of 18 to enter Minnesota with an amount of cocaine constituting a first-degree controlled substance crime is also guilty of a felony.<\/p>\r\n

A conviction carries a penalty of up to 35 years imprisonment and a fine of up to $1,250,000.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> Minnesota state laws are subject to constant change. <\/i>Contact a Minnesota drug crimes lawyer<\/i><\/a> or conduct your own legal research to verify current Minnesota laws.<\/i><\/p>\r\n

Minnesota Cocaine Laws: Related Resources<\/b><\/h2>\r\n

Browse the following links for more information about Minnesota laws regarding illegal drugs:<\/p>\r\n