What Happens When You Get Charged with Second-Degree Sale of a Controlled Substance in Minnesota?
Being charged with a serious drug offense can change your life in an instant. You might be wondering: What happens when you get charged with second-degree sale of a controlled substance?
A second-degree controlled substance sale charge can result in up to 25 years in prison and fines reaching $500,000, with mandatory minimums applied if you have prior drug felony convictions.
With decades of criminal defense experience, I’ve helped many clients understand their rights and fight back against severe drug allegations. In the sections below, we’ll cover what this charge means, the penalties involved, and how legal defense strategies can influence your outcome.
What is Second-Degree Sale of a Controlled Substance?
Like all drug offenses in Minnesota, the charge of second-degree sale of a controlled substance relies on the amount and quantity of drugs being sold. Some substances face tighter regulation than others, so a smaller amount could result in steeper charges compared to other cases. This offense is governed by Minnesota Statute Section 152.022. According to the statute, the offense of second-degree sale of a controlled substance is appropriate when:
- on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten grams or more containing a narcotic drug other than heroin;
- on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of three grams or more containing cocaine or methamphetamine and:
- the person or an accomplice possesses on their person or within immediate reach, or uses, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm; or
- the offense involves three aggravating factors;
- on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of three grams or more containing heroin;
- on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 50 or more dosage units;
- on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten kilograms or more containing marijuana or Tetrahydrocannabinols;
- the person unlawfully sells any amount of a Schedule I or II narcotic drug to a person under the age of 18, or conspires with or employs a person under the age of 18 to unlawfully sell the substance; or
- the person unlawfully sells any of the following in a school zone, a park zone, a public housing zone, or a drug treatment facility:
- any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;
- one or more mixtures containing methamphetamine or amphetamine; or
- one or more mixtures of a total weight of five kilograms or more containing marijuana or Tetrahydrocannabinols.
Sale crimes are generally treated more harshly than possession crimes. For that reason, the penalties for second-degree sale are usually higher than second-degree possession. This offense carries a minimum prison term of three years in prison and a maximum term of 25 years in prison.
Understanding “Aggravating Factors” in Second-Degree Drug Sale Charges
Second-degree drug sale charges become significantly more severe when aggravating factors are present. These factors can trigger mandatory minimums and limit the availability of plea deals or reduced sentencing.
Common aggravating factors in Minnesota include:
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Use or possession of a firearm during the offense
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Sale occurring in protected zones (schools, parks, drug treatment facilities)
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Repeat drug felony convictions
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Involvement of a minor in the drug sale
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Participation in a criminal enterprise
Why it matters: If three or more aggravating factors are proven, judges have limited discretion, and enhanced penalties may apply—often removing the possibility of a stayed sentence or probation.
Tip: A skilled defense attorney can dispute the presence of aggravating factors or argue for their exclusion during sentencing, potentially reducing your penalties.
Hearings in Your Case
Most drug cases involve a number of hearings. You can expect your first hearing—known as arraignment—to occur shortly after your arrest. This hearing is where you enter your plea of guilty or not guilty. It might also be where you get the first opportunity to bail out of jail.
There are other hearings that will occur in your case. As the case progresses, the court will schedule status hearings to ensure the case is moving forward. Your attorney might also schedule hearings to take up any motions, like a motion to dismiss the case against you. Once the hearings are resolved, the final stage of your case is the trial.
Considering a Plea Offer
One thing you can expect to happen in your case is receiving a plea bargain offer. If you have been charged with a minor drug offense before—including misdemeanor drug possession—you might have received some leniency in the past. Prosecutors are less likely to make favorable plea bargains in serious cases like second-degree sale of a controlled substance.
That does not mean you are out of luck. Instead, it means that your attorney must build a defense that is strong enough to prevail at trial or even push the prosecutor make a reasonable plea offer.
Context is important when it comes to plea bargains. An offer that looks good on the surface might be more unfair than you realize. Alternatively, if the case against you is strong, an offer that seems harsh might be the best-case scenario for you. Having an experienced attorney on your side could ensure that you have the context you need to make this decision.
Our firm can advise you on your options, but it is up to you to accept or reject a plea bargain. While this decision is rarely easy, our firm can ensure you have the information you need.
Minnesota Sentencing Guidelines for Second-Degree Drug Crimes
Minnesota uses a sentencing grid system to determine prison time for felony drug convictions. Understanding where your case fits helps you predict possible outcomes.
Here is a simplified breakdown of how second-degree drug sale sentencing works under Minnesota’s guidelines:
| Offender Score | Presumptive Sentence (Months) | Range (Months) |
|---|---|---|
| 0 (First Offense) | 58 | 50–69 |
| 1–2 | 68–78 | 58–94 |
| 3+ | 86–111 | 74–132 |
| With Aggravating Factors | 111+ | Up to 300 |
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Presumptive sentence means the standard outcome judges should follow.
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Departure from guidelines is possible with strong arguments and mitigating circumstances.
Note: Even if you’re eligible for probation, aggravating factors can eliminate that option entirely. Working with an experienced criminal defense attorney is essential to fight for a downward departure or alternative sentencing.
Your Case Could Be Dismissed
One of the things that can happen in a second-degree drug sale case is that the charges against you could be dismissed before trial. This is a best-case scenario for most people. It is also one of the most difficult outcomes to secure—especially when you are acting without an attorney.
Our firm understands what goes into a strong defense in a drug sale case. When we develop a winning strategy, it is often enough to convince the state to dismiss charges or reduce their severity. Even if the prosecutor will not dismiss your case, the court might agree to if your attorney can show your rights were violated. Some of the defense strategies that could result in the dismissal of your case include unlawful searches and seizures of your property.
Collateral Consequences of a Second-Degree Drug Sale Conviction
A conviction doesn’t just bring prison time—it can create long-term consequences that affect your future freedom and financial stability.
Common collateral consequences include:
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Loss of employment or future job denials
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Ineligibility for student loans or government benefits
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Driver’s license suspension in some cases
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Immigration consequences for non-citizens, including deportation
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Difficulty finding housing, especially in subsidized or multi-family units
Judges and prosecutors often don’t discuss these impacts openly, but they are critical considerations when deciding whether to accept a plea or take your case to trial.
Pro insight: Your defense strategy should account for both legal and real-world consequences. We often work with clients to document rehabilitation, job history, and family support as mitigating factors.
You Could Win at Trial
For some people, the last thing to expect during the course of their second-degree sale of a controlled substance case is a trial by jury. Most cases will never get this far, as plea bargains and dismissals are the most likely outcomes. However, a trial could be in your best interest in some cases.
It could be your best option to take your case to trial if you believe the evidence against you is weak. Remember, the state has the duty to prove your case beyond a reasonable doubt. This is a high burden of proof, and you will win at trial if they fail to meet it. In some cases, highlighting the lack of evidence against you could be enough to prevail.
There are other times when a trial is necessary. Even if you are open to a plea bargain, the state might be unwilling to make a reasonable offer. Our firm could advise you when the offer made by the state is less severe than what you might expect if your case goes to trial. In many cases, even a guilty verdict at trial might result in a better outcome than a bad plea offer.
There are different stages of the trial, and your attorney could choose to dispute different aspects of the case against you. Even if there is strong evidence of your guilt, your attorney could make a compelling case during sentencing that you deserve leniency. Relying on the guidance of an attorney in this situation is crucial to getting the best possible outcome.
Reach Out to the Attorneys of Gerald Miller Today
The attorneys of Gerald Miller are ready to help you seek justice following an arrest for second-degree sale of a controlled substance. We will aggressively pursue a fair outcome on your behalf and are here to answer all of your questions. Contact us as soon as possible for a free consultation.
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