Introduction
Facing a drug possession charge in Minnesota is a serious matter. Even if it’s your first offense, the consequences can impact your freedom, record, and future employment or education opportunities.
Whether you were found with a small amount of marijuana or a controlled prescription medication without authorization, understanding the state’s drug possession laws is the first step in building your defense.
In this blog, we’ll break down how Minnesota classifies controlled substances, the five degrees of drug possession, potential penalties, and your legal options if you’re charged.
Minnesota Drug Possession Laws: An Overview
Minnesota law classifies drug possession offenses under Minnesota Statutes § 152, which covers both possession and sale of controlled substances. The law defines drugs by “schedules” — similar to federal classifications.
Controlled Substance Schedules
- Schedule I: High potential for abuse, no accepted medical use (e.g., heroin, ecstasy)
- Schedule II: High potential for abuse, some medical uses (e.g., cocaine, methamphetamine, oxycodone)
- Schedule III–V: Lower abuse potential, accepted medical uses (e.g., codeine, Xanax, Valium)
The type and amount of drug you’re found with determine the degree of charge and penalties.
Five Degrees of Drug Possession in Minnesota
Minnesota classifies drug possession into five degrees, ranging from fifth-degree (least severe) to first-degree (most serious).
Fifth-Degree Possession (Minn. Stat. § 152.025)
- What it covers: Small amounts of any controlled substance (excluding marijuana), or over 42.5 grams of marijuana
- Charge: Gross misdemeanor or felony (depending on quantity and prior offenses)
- Penalties: Up to 5 years in prison and/or $10,000 fine
Fourth-Degree Possession (Minn. Stat. § 152.024)
- What it covers: Possession of Schedule I–III drugs (except marijuana) with intent to sell or in a school/park zone
- Charge: Felony
- Penalties: Up to 15 years in prison and/or $100,000 fine
Third-Degree Possession (Minn. Stat. § 152.023)
- What it covers: Larger amounts of drugs — e.g., 3+ grams of heroin, 10+ grams of cocaine/meth
- Charge: Felony
- Penalties: Up to 20 years in prison and/or $250,000 fine
Second-Degree Possession (Minn. Stat. § 152.022)
- What it covers: 6+ grams of heroin, 25+ grams of cocaine/meth, or 100+ doses of hallucinogens
- Charge: Felony
- Penalties: Up to 25 years in prison and/or $500,000 fine
First-Degree Possession (Minn. Stat. § 152.021)
- What it covers: 25+ grams of heroin or 50+ grams of cocaine/meth
- Charge: Felony
- Penalties: Up to 30 years in prison and/or $1 million fine
What About Marijuana?
In Minnesota:
- Possession of under 42.5 grams of marijuana is a petty misdemeanor (non-criminal)
- Possession above 42.5 grams is a gross misdemeanor or felony
- Medical cannabis is legal with proper certification
- Recreational cannabis laws are evolving — as of now, adult use is limited and possession may still carry penalties
Always check the latest updates via official resources like health.state.mn.us.
Possession vs. Intent to Sell
A major distinction in Minnesota drug law is whether you’re charged with simple possession or possession with intent to distribute.
Intent to sell may be inferred from:
- Quantity of drugs
- Packaging (e.g., many small baggies)
- Presence of scales, large cash amounts, or communication about sales
Intent charges carry much harsher penalties, even for first-time offenders.
Can You Be Charged If the Drugs Weren’t Yours?
Yes, under Minnesota law, you can be charged if you had constructive possession — meaning the drugs were in a place under your control, even if they weren’t physically on you.
For example:
- Drugs found in your car or home
- Drugs in a shared apartment where you had access
In these cases, a defense attorney may argue:
- You had no knowledge of the drugs
- The drugs belonged to someone else
- You had no control over the area they were found in
Diversion Programs and First-Time Offenders
Minnesota offers options for first-time and low-level drug offenders to avoid prison and even a criminal record. These include:
Stay of Adjudication
- You plead guilty, but judgment is delayed
- If you complete probation successfully, the charge may be dismissed
Drug Court
- Intensive treatment-focused program for non-violent offenders
- Includes regular drug testing, court check-ins, and therapy
Conditional Release
- Early release from incarceration tied to treatment or behavioral conditions
Consult with a lawyer at Martine Law to see if you qualify.
How a Drug Conviction Affects Your Life
Even beyond jail time or fines, a conviction can lead to:
- Driver’s license suspension
- Loss of employment or professional licenses
- Ineligibility for federal student aid
- Permanent criminal record
- Immigration consequences for non-citizens
That’s why it’s critical to fight any drug charge aggressively — even if it seems minor.
Possible Legal Defenses to Drug Possession Charges
At Martine Law, we explore a range of legal strategies to protect your rights, such as:
- Illegal search and seizure (Fourth Amendment violation)
- Lack of knowledge or control over the drugs
- Entrapment by law enforcement
- Prescription defense for medications like opioids or Adderall
- Lab errors or chain-of-custody issues
The strongest defense depends on the facts of your case — which is why quick legal representation is key.
Why You Need a Defense Attorney
Drug possession cases in Minnesota can escalate quickly, and you need someone who understands both state law and local court practices.
At Martine Law, we:
- Challenge the prosecution’s evidence
- File motions to suppress illegal searches
- Negotiate reduced charges or treatment alternatives
- Represent you confidently at every stage — from arraignment to trial
Don’t let a mistake or misunderstanding ruin your future. With the right defense, you can protect your freedom and minimize long-term damage.
Contact Martine Law Today
Have you been charged with drug possession in Minnesota? Whether it’s your first offense or not, our team at Martine Law is ready to fight for your rights.
Schedule a consultation to discuss your case and find out how we can help.