Minnesota’s Drug Sentencing Reform Law in Effect

Minnesota’s new drug sentencing reforms have been in effect since August 1^st of this year. The reform was aimed to target and provide a harsh penalty to “king pin” drug dealers, while acknowledging that many charged with a controlled substance crime are non-violent offenders struggling with addiction. The new laws recognize that many charged are better served by participating in treatment and do not deserve to have their record permanently stained with a felony conviction.

The new laws apply to anyone who was charged with a drug crime that was committed on or after August 1, 2016. If the offense was committed before August 1, 2016, the old drug laws will control. Click HERE for a copy of the bill.

Here are a few Highlights from the New Drug Laws:

• Prior Dug Convictions LIMITED to 1^stand 2^nd Degree Convictions:

Whereas the old law included all levels of prior convictions to enhance new charges (5^th Degree through 1^st Degree), the new law only uses prior 1^st and 2^nd Degree Controlled Substance Offenses to enhance a current conviction. (Minn. Stat. § 152.01, subd. 16a)

• Mandatory Sentences ONLY apply to 1^stand 2^nd Degree Offenses:  Mandatory minimum sentences would no longer apply to 5^th, 4^th, or 3^rd degree offenses. ( Stat 152.026)

• Sale and Possession Threshold Weights INCREASED for Cocaine and Methamphetamine:

1^st Degree:  Sale: from 10 grams to 17 grams; Possession: from 25 grams to 50 grams  (Minn. Stat. § 152.021)       

2^nd Degree:  Sale: from 3grams to 10 grams; Possession: from 6 grams to 25 grams  (Minn. Stat. § 152.022)

3^rd Degree:  Possession: from 3 grams to 10 grams (Minn. Stat. § 152.023)

• “King Pin” Statute Creates Harsher Penalties for High Level Offenses:( Stat. 152.021, subd. 2b)

• New 1^stand 2^nd Degree MARIJUANA CRIMES:

1^st Degree: 500 Plants (Minn. Stat. § 152.021, subd. 2(6))

2^nd Degree: 100 Plants (Minn. Stat. § 152.022, subd. 2(6))

• Threshold Weights LOWERED for 1^stand 2^nd Degree MARIJUANA CRIMES:

1^st Degree:  Sale: from 50 kilograms to 25 kilograms; Possession: from 100 kilograms to 50 kilograms (Minn. Stat. § 152.021)

2^nd Degree:  Sale: from 25 kilograms to 10 kilograms; Possession: from 50 kilograms to 25 kilograms (Minn. Stat. § 152.022)

• Deferred Prosecution (NO CONVICTION) for Certain First Time Offenders:( Stat. 152.18, subd. 1)

• Felony Offense now GROSS MISDEAMNOR for 1^stTime Offenders:

First time offenders receive gross misdemeanor if: 1) Amount of the controlled substance (other than heroin) is less than 0.25 grams or one dosage unit; or 2) Amount of the heroin possessed is less than 0.05 grams  (Minn. Stat. § 152.025, subd. 3)

• EARLYConditional Release for Certain Non-Violent Offenders Already Serving Their Sentence: ( Stat. 244.0513, subd. 2)

Call Johnson Criminal Defense today if you have been charged with a drug crime. An experienced defense attorney can help navigate the new laws and the criminal justice system and ensure that your rights and interests are protected.