My 20 yr old son has been charged in the state of MN with:
152.025 CONTROLLED SUBSTANCE CRIME IN THE FIFTH DEGREE.
Subdivision 1.Sale crimes.
(a) A person is guilty of a controlled substance crime in the fifth degree and if convicted may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both if:
(1) the person unlawfully sells one or more mixtures containing marijuana or tetrahydrocannabinols, except a small amount of marijuana for no remuneration;
Subd. 16.Small amount.
"Small amount" as applied to marijuana means 42.5 grams or less. This provision shall not apply to the resinous form of marijuana.
indicates that it was 2 grams marijuana for $25 (he was set up by a CFI wearing a wire). At the initial hearing the issue of jurisdiction was brought up because he is charged in county B, while the complaint states that it happened at his residence, which is in county A. The prosecution rescheduled the hearing to give them time to verify; at the 2nd hearing, prosecutor stated that they had misinformation in the complaint but that the police reports
indicate it did happen else where in their county (B). It is now rescheduled pending our review of all of the evidence.
Should this case be dismissed because the charge is NOT supportive of the evidence?
Thank you for any help you can provide.