In order to catch first degree, he would have to have 50 grams or more, or 25 grams or more while brandishing/using a firearm on their person (not just having one in the house) plus two additional aggravating factors.
The image you provided says ‘or’ regarding the firearm and aggravating factors, not ‘and’.
The Aggravating Factors are the difference between First Degree and Aggravated First Degree.
Subd. 2.Possession crimes.
(a) A person is guilty of a controlled substance crime in the first degree if:
(2) the person unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing cocaine or methamphetamine and:
(i) 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
(ii) the offense involves two aggravating factors;
Source:
152.021 CONTROLLED SUBSTANCE CRIME IN THE FIRST DEGREE.
Subd. 24.Aggravating factor.
Each of the following is an "aggravating factor":
( 8 ) the offense involved the sale of a controlled substance to a person under the age of 18 or a vulnerable adult as defined in section
609.232, subdivision 11;
( 10 ) the defendant or an accomplice possessed equipment, drug paraphernalia, documents, or money evidencing that the offense involved the cultivation, manufacture, distribution, or possession of controlled substances in quantities substantially larger than the minimum threshold amount for the offense.
Source:
152.01 DEFINITIONS.
Nick is particularly fucked if the state decides to charge him with First Degree Sale since he had a digital scale and multiple bags of cocaine, in addition to the unsecured firearm. Multiple containers can be interpreted as intent to distribute.
Subdivision 1.Sale crimes.
A person is guilty of controlled substance crime in the first degree if:
(1) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 17 grams or more containing cocaine or methamphetamine;
(2) 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 cocaine or methamphetamine and:
(i) 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
(ii) the offense involves two aggravating factors;
Source:
152.021 CONTROLLED SUBSTANCE CRIME IN THE FIRST DEGREE.