Departure Rates for Drug Crimes

A drug crime refers to a first- through fifth-degree controlled substance offense, as outlined in Minnesota Statutes Chapter 152. This includes various offenses like possession and sale. The severity of a drug crime in Minnesota depends on several factors, including type of drug, quantity of drug, and intent.

Drug Crimes – 1st Thru 5th Degree

Aggravated 1st Degree Drug – Firearm, Minn. Stat. § 152.021, subd. 2b(1)

Aggravated 1st Degree Drug – Two Aggravating Factors, Minn. Stat. § 152.021, subd. 2b(2)

1st Degree Drug – Sale of 17 Grams or More Cocaine or Methamphetamine, Minn. Stat. § 152.021, subd. 1(1)

1st Degree Drug – Sale of 10 Grams or More Heroin, Minn. Stat. § 152.021, subd. 1(3)

2nd Degree Drug – Sale, Minn. Stat. § 152.022, subd. 1

2nd Degree Drug – Sale of 3 Grams or More Heroin, Minn. Stat. § 152.022, subd. 1(3)

2nd Degree Drug – Possession, Minn. Stat. § 152.022, subd. 2

2nd Degree Drug – Possession of 25 Grams or More of Cocaine or Methamphetamine, Minn. Stat. § 152.022, subd. 2(a)(1)

2nd Degree Drug – Possession of 6 Grams or More of Heroin or Fentanyl, Minn. Stat. § 152.022, subd. 2(a)(3)

3rd Degree Drug – Possession of 10 Grams or More of Narcotic Drug Other than Heroin, Minn. Stat. § 152.023, subd. 2(a)(1)

3rd Degree Drug – Possession of 3 Grams or More of Heroin, Minn. Stat. § 152.023, subd. 2(a)(2)

3rd Degree Drug – Possession of Methamphetamine or Amphetamine in Zone, Minn. Stat. § 152.023, subd. 2(a)(6)

5th Degree Drug – Possession of Schedule I, II, III (Includes Cannabis/Narcotic/PCP/Hallucinogen), Minn. Stat. § 152.025, subd. 2(1)