Introduction
Prescription medications help millions of people manage pain, anxiety, ADHD, sleep disorders, and other health conditions. However, when used outside the boundaries of a legitimate medical prescription, these same drugs can become the basis for criminal charges in Minnesota.
Whether you borrowed someone else’s painkillers, altered a prescription, or sold unused medications, Minnesota law treats prescription drug misuse as a serious criminal offense. You can be charged even if the drug in question was originally prescribed to you.
In this guide, we’ll break down what counts as prescription drug misuse in Minnesota, what criminal charges you may face, and how to protect yourself if you’ve been accused.
What Is Considered Prescription Drug Misuse?
Prescription drug misuse refers to the unauthorized use, possession, distribution, or sale of prescription medications. Minnesota law does not distinguish much between illegal street drugs and prescription medications when it comes to unauthorized use.
Examples of Prescription Drug Misuse:
- Taking someone else’s prescription painkillers
- Using Adderall or Ritalin without a valid prescription
- Forging or altering a prescription
- “Doctor shopping” to get multiple prescriptions
- Selling or giving away your medication
- Possessing prescription pills without their original container
In Minnesota, these actions may lead to felony or misdemeanor drug charges, depending on the drug schedule, the quantity involved, and your prior record.
Commonly Abused Prescription Drugs in MN
Prescription drugs most commonly involved in misuse cases include:
- Opioids: Oxycodone, Hydrocodone, Morphine, Fentanyl
- Benzodiazepines: Xanax, Ativan, Valium
- Stimulants: Adderall, Ritalin, Concerta
- Sleep medications: Ambien, Lunesta
These substances are regulated under Minnesota’s controlled substance schedules, which mirror the federal system. Learn more from the Minnesota Board of Pharmacy.
Minnesota’s Controlled Substance Schedules
Prescription drugs fall under Schedule II, III, IV, or V, depending on their potential for abuse.
- Schedule II (e.g., Oxycodone, Adderall): High abuse potential, accepted medical use
- Schedule III (e.g., Ketamine, Suboxone): Moderate abuse risk
- Schedule IV (e.g., Xanax, Ativan): Lower abuse risk
- Schedule V (e.g., codeine cough syrups): Lowest risk
Unauthorized possession or distribution of any of these controlled substances can result in criminal charges under Minnesota Statutes § 152.
Can You Be Arrested with Your Own Prescription?
Yes—if you are not using it as prescribed or if the pills are not in the original, labeled container, law enforcement may charge you with illegal possession.
For example, carrying Oxycodone in a pill box or plastic bag—even if it’s your prescription—could raise suspicion and lead to an arrest.
Charges for Prescription Drug Misuse in Minnesota
The type of charge depends on:
- The type of drug
- The amount
- Whether you intended to use or sell it
- Any prior offenses
Possession
- Small quantity for personal use: Often a gross misdemeanor
- Larger quantity or multiple types: Could lead to a felony charge
Possession with Intent to Sell
- Selling, sharing, or even planning to distribute can result in felony distribution charges
Prescription Fraud
- Forging a prescription
- Impersonating medical personnel
- Using deception to get multiple prescriptions
These are typically charged as felony drug offenses, with serious consequences.
Penalties for Prescription Drug Crimes in MN
| Offense | Classification | Potential Penalties |
| Unauthorized possession (small amount) | Gross Misdemeanor | Up to 1 year in jail and $3,000 fine |
| Possession of Schedule II/III drugs | Felony | Up to 5 years in prison and $10,000 fine |
| Possession with intent to distribute | Felony | 5 to 30 years in prison, depending on quantity |
| Prescription fraud | Felony | 1 to 5 years in prison and $10,000+ fine |
These penalties can increase if you have a prior criminal record or if the offense occurred near a school zone.
For more details, see the Minnesota Judicial Branch – Drug Offenses.
Collateral Consequences of a Conviction
Even beyond fines and prison time, a conviction for prescription drug misuse can affect your life in lasting ways:
- Difficulty finding employment
- Loss of professional licenses
- Ineligibility for public housing or student loans
- Child custody issues
- Immigration consequences for non-citizens
Can Charges Be Reduced or Dismissed?
Yes. Depending on the facts of your case, you may be able to:
- Challenge the legality of the search
- Prove that you had a valid prescription
- Argue that the drug was not in your possession or control
- Qualify for pretrial diversion or drug court
Having a skilled criminal defense attorney from Martine Law can make all the difference.
Alternative Sentencing Options
Minnesota recognizes that not all drug-related crimes come from criminal intent—some stem from addiction or mental health issues. In such cases, the court may offer alternatives to jail, including:
1. Drug Treatment Court
A structured program that includes rehabilitation, drug testing, court appearances, and counseling. Successful completion may result in reduced or dismissed charges. Learn more at the National Association of Drug Court Professionals.
2. Conditional Discharge
First-time non-violent offenders may have charges dismissed after completing a treatment or probation program.
How to Defend Against Prescription Drug Charges
Each case is unique, but common defense strategies include:
- Demonstrating you had a valid prescription
- Proving there was no intent to distribute
- Challenging illegal search and seizure
- Questioning the chain of custody for the evidence
- Showing that you were unaware the drugs were in your possession
Martine Law can investigate the facts, negotiate with prosecutors, and fight to protect your rights and freedom.
Don’t Wait—Get Legal Help Now
Prescription drug charges are serious. Even one mistake can lead to long-term consequences. Whether you’re facing misdemeanor or felony charges, early legal intervention can significantly impact the outcome of your case.
The team at Martine Law has helped countless Minnesotans navigate drug-related charges with skill, strategy, and compassion.
Contact us today for a confidential consultation.