Drug Crime Lawyer in Minneapolis

What should you do after a drug arrest in Minneapolis?

Stay quiet, refuse consent to searches and involve a lawyer before the first court appearance.

• Do not explain the drugs. Ask for a lawyer and stop talking. See police interviews and your rights in Minnesota.
• Do not consent to a search, and do not physically resist. Say no clearly, and keep your phone and messages intact.
• Know the overdose protection. A person who seeks help in good faith for someone overdosing cannot be charged with possession, sharing or use at third degree possession or below based on evidence from that call, if they give their name, stay and cooperate. Source: Minnesota Statutes 604A.05
• Act on any seizure notice. If police seized cash, a vehicle or other property, the notice starts a 60-day window to demand a court hearing, and missing it can forfeit the property. Source: Minnesota Statutes 609.5314
• Prepare for the first hearing. A person held after arrest must be brought before a judge without unnecessary delay, generally within 36 hours, not counting the day of arrest, Sundays and legal holidays. Source: Minnesota Rules of Criminal Procedure 4 Read about bail and bond in Minnesota.

How can a Minneapolis drug possession lawyer help?

A Minneapolis drug possession lawyer tests each element the State must prove: a lawful search, knowing possession, the substance and its weight, and in a sale case, the sale.

• The stop and the search. Searches and seizures must be reasonable under the Minnesota Constitution. Source: Minnesota Constitution, Article I, Section 10 If the stop had no lawful basis, was extended without cause or the search exceeded a warrant, the court may exclude the evidence, which can lead to dismissal or weaken the case. See illegal searches in Minnesota drug cases.
• Knowing possession. For drugs in a shared car, home or bag, the question is whether you knowingly exercised dominion and control over them. Being nearby is not possessing. A jury may infer knowing possession only in limited settings, and never when the drugs were concealed on another occupant. Source: Minnesota Statutes 152.028 See constructive possession in Minnesota.
• Substance, weight and custody. Weight thresholds use the total weight of the mixture regardless of purity, excluding water pipe fluid and drugs dissolved in it. Source: Minnesota Statutes 152.01 Source: Minnesota Statutes 152.022 The prosecutor must disclose scientific test results on request. Source: Minnesota Rules of Criminal Procedure 9 We review the lab work, what was weighed, the chain of custody and the reliability and limits of any field test. See field tests, lab reports, and chain of custody.
• Intent to sell. Scales, baggies and cash may support an intent-to-sell theory, but whether they prove it depends on the full evidence. See how Minnesota law defines possession with intent to sell.

Martine Law reviews these issues at a free consultation. Phones are answered 24/7. Call 612-294-0650.

What happens in a Hennepin County drug case?

A Minneapolis drug case moves through a first appearance, discovery, an omnibus hearing, negotiation and, if needed, trial in Hennepin County District Court. The Hennepin County Attorney prosecutes felonies. Source: Minnesota Statutes 388.051

• First appearance. The court explains the charge and your rights and sets release conditions. Source: Minnesota Rules of Criminal Procedure 5 Source: Minnesota Rules of Criminal Procedure 6
• Second appearance and discovery. In felony and gross misdemeanor cases, you plead guilty or move toward the omnibus hearing, and the prosecutor must open its file on request. Source: Minnesota Rules of Criminal Procedure 8 Source: Minnesota Rules of Criminal Procedure 9
• Omnibus hearing. Search, probable cause and other pretrial motions are heard here. It must start within 42 days of the first appearance, or 28 days if combined with the second appearance. Source: Minnesota Rules of Criminal Procedure 11
• Negotiation or trial. Cases that do not resolve by agreement are tried.

See our Hennepin County criminal defense page.

What is the difference between possession, sale and trafficking?

Possession means having the drug; sale is much broader than a cash deal. To sell includes giving away, bartering, delivering, distributing or manufacturing, offering or agreeing to do any of those, and possessing with intent to do them. No money has to change hands. Source: Minnesota Statutes 152.01 Chapter 152 has no crime named trafficking. What people call trafficking is charged as a sale crime, usually at a high degree because of weight, a firearm or aggravating factors. See our drug trafficking defense page.

Importation

Crossing a border into Minnesota with a first degree possession amount is importing controlled substances, a felony with up to 35 years, a $1,250,000 fine, or both. Source: Minnesota Statutes 152.0261

Conspiracy

Conspiring to commit a chapter 152 crime is a felony punishable up to the maximum for the planned crime, even if the other conspirators are not convicted. Source: Minnesota Statutes 152.096 See drug conspiracy defense.

Manufacture

Because sell includes manufacture, making a controlled substance is charged as a sale, and manufacturing any amount of meth is first degree. Source: Minnesota Statutes 152.021 Possessing precursors with intent to manufacture meth carries up to 10 years, a $20,000 fine, or both, and more after a prior conviction. Source: Minnesota Statutes 152.0262

What are the five degrees of drug crimes in Minnesota?

Minnesota grades controlled substance crimes from first degree, the most serious, to fifth degree. The same conduct can fit more than one degree. First and second degree sale amounts, and most third degree possession amounts, are added together across 90 days. Here, other narcotic means a narcotic other than cocaine, heroin, fentanyl or meth.

First degree

• Sale: 17 grams of cocaine or meth, or 10 grams with a firearm or two aggravating factors; 10 grams or 40 dosage units of heroin or fentanyl; 50 grams of another narcotic; 50 grams or 200 dosage units of amphetamine, PCP or a hallucinogen.
• Possession: 50 grams of cocaine or meth, or 25 grams with a firearm or two aggravating factors; 25 grams or 100 dosage units of heroin or fentanyl; 500 grams of another narcotic; 500 grams or 500 dosage units of amphetamine, PCP or a hallucinogen.
• Manufacture: any amount of meth.

Source: Minnesota Statutes 152.021 Aggravating factors include a violent crime conviction within ten years, a sale to someone under 18 and activity in a school or park zone. Source: Minnesota Statutes 152.01

Second degree

• Sale: 10 grams of a narcotic other than heroin or fentanyl; 3 grams of cocaine or meth with a firearm or three aggravating factors; 3 grams or 12 dosage units of heroin or fentanyl; 10 grams or 50 dosage units of amphetamine, PCP or a hallucinogen; any Schedule I or II narcotic sold to or through a person under 18; or, in a school, park or public housing zone or drug treatment facility, any Schedule I or II narcotic, LSD, MDA, MDMA, meth or amphetamine.
• Possession: 25 grams of cocaine or meth, or 10 grams with a firearm or three aggravating factors; 6 grams or 50 dosage units of heroin or fentanyl; 50 grams of another narcotic; 50 grams or 100 dosage units of amphetamine, PCP or a hallucinogen.

Source: Minnesota Statutes 152.022

Third degree

• Sale: any amount of a narcotic, which includes cocaine, heroin, fentanyl and meth; 10 dosage units of PCP or a hallucinogen; other Schedule I to III drugs, except cannabis, sold to or through a person under 18.
• Possession: 10 grams of a narcotic other than heroin or fentanyl; 3 grams of heroin; 5 grams or 25 dosage units of fentanyl; 50 dosage units of a narcotic other than heroin or fentanyl; in a protected zone, any Schedule I or II narcotic, meth or amphetamine, or 5 dosage units of LSD, MDA or MDMA.

Source: Minnesota Statutes 152.023 A park zone extends 300 feet or one city block beyond the park, whichever is greater. Source: Minnesota Statutes 152.01

Fourth degree

• Sale: any Schedule I, II or III drug except marijuana and THC, or a Schedule IV or V drug sold to or through a person under 18.
• Possession: 10 dosage units of PCP or a hallucinogen, or a Schedule I, II or III drug, except marijuana and THC, with intent to sell.

Source: Minnesota Statutes 152.024

Fifth degree

• Possession: unlawful possession of any amount of a Schedule I to IV drug, except cannabis flower, cannabis and hemp products, and a residual amount in paraphernalia. Synthetic cannabinoids carry separate penalties. Source: Minnesota Statutes 152.027
• Fraud: obtaining, trying to obtain or possessing a drug by fraud, a false name or posing as a pharmacist, doctor or other authorized person. A forged prescription is one example.
• Sale: any Schedule IV drug.

Source: Minnesota Statutes 152.025 Our explainer on Minnesota fifth-degree drug possession covers the gross misdemeanor and felony split.

What sentence does a Minnesota drug conviction carry?

Three numbers matter: the statutory maximum, the presumptive Guidelines sentence and any mandatory minimum.

Statutory maximums

Each degree is punishable by imprisonment, a fine, or both: up to 30 years and $1,000,000 for first degree, 25 years and $500,000 for second, 20 years and $250,000 for third, 15 years and $100,000 for fourth, and 5 years and $10,000 for felony fifth degree. Source: Minnesota Statutes 152.021 Source: Minnesota Statutes 152.022 Source: Minnesota Statutes 152.023 Source: Minnesota Statutes 152.024 Source: Minnesota Statutes 152.025

Presumptive sentences on the grid

For offenses on or after August 1, 2026, the court starts from the 2026 Drug Offender Grid, which crosses severity level with criminal history score. Source: Minnesota Sentencing Guidelines 3.G

• First degree, D8: prison at every score. Aggravated first degree, importation and meth manufacture rank D9, also prison at every score.
• Second degree, D7: stayed at scores 0 to 1, prison at 2 or more.
• Third degree, D6: stayed at 0 to 2, prison at 3 or more.
• Fourth degree, D4: stayed at 0 to 3, prison at 4 or more.
• Fifth degree, D2: stayed at 0 to 5, prison at 6 or more.

Source: Minnesota Sentencing Guidelines, Drug Offender Grid, effective August 1, 2026 A stayed sentence means probation, and the court can order local jail time as a condition. Source: Minnesota Statutes 609.135 A departure, which requires substantial and compelling reasons, can move a sentence off the grid. Source: Minnesota Sentencing Guidelines 2.D The 2026 Guidelines add ranges to stayed cells, make custody status, such as being on felony probation at the time of the offense, a separate add-on to sentence length, and add a mitigating factor for a person with no prior conviction or stay of adjudication. Source: Minnesota Sentencing Guidelines Commission, 2026 Amendments When a mandatory minimum applies, prison is presumptive even in a stayed cell. Source: Minnesota Sentencing Guidelines 2.E See how Minnesota’s drug sentencing grid works.

Mandatory minimums

• Subsequent conviction: at least 4 years for first degree and 3 years for second degree, up to 40 years, but only after a prior first or second degree conviction, or a similar out-of-state or federal one, unless ten years have passed since discharge. Source: Minnesota Statutes 152.022 Source: Minnesota Statutes 152.01
• 65 months: a first degree sale, or cocaine, meth, heroin or fentanyl possession, of 100 grams or 500 dosage units or more carries at least 65 months or the presumptive sentence, whichever is greater, up to 40 years. With no prior first, second or third degree conviction, a possession case can go below it for substantial and compelling reasons.
• 86 months: aggravated first degree, those same amounts plus a firearm or two aggravating factors, carries at least 86 months or the presumptive sentence, whichever is greater, up to 40 years.

Source: Minnesota Statutes 152.021

Can a drug charge be resolved without a conviction?

Sometimes, through a stay of adjudication or pretrial diversion, and each has limits.

• Stay of adjudication. For third, fourth or fifth degree possession, the court may, with your consent, place you on probation without a judgment of guilt, after a plea or a trial, if you have no prior diversion under section 401.065, no prior 152.18 discharge and no felony drug conviction within ten years of discharge. For fifth degree it must do so if you also have no prior felony of any kind and no prior fifth degree gross misdemeanor. Satisfy the probation conditions and the case is dismissed; a violation can lead to adjudication and sentencing. Source: Minnesota Statutes 152.18
• Pretrial diversion. The prosecutor decides whether to refer you, before any plea, with charges dismissed or not filed on completion. It excludes crimes against the person and anyone with a prior adult conviction for one or a prior adult diversion in Minnesota. Eligibility does not guarantee an offer. Source: Minnesota Statutes 401.065

Section 152.18 does not cover sale charges or first and second degree possession. Source: Minnesota Statutes 152.18

Treatment court is different. Hennepin County Drug Court is a voluntary, post-conviction program of at least 12 months for adult, non-violent, chemically dependent felony drug and property offenders. Source: Hennepin County District Court, Treatment Courts A referral starts screening by probation and a social worker, and referral is not admission. Source: Hennepin County Treatment Courts, Attorney Brochure See how Minnesota drug courts work.

What happens to your record after a drug case?

It depends on how the case ended, and eligibility for expungement is not the same as a grant.

• Dismissal or acquittal: eligible for expungement without a petition. Source: Minnesota Statutes 609A.015
• 152.18 dismissal, fourth or fifth degree possession: also eligible automatically, or by petition. The BCA still keeps a not public record for later cases. Source: Minnesota Statutes 609A.02 Source: Minnesota Statutes 152.18
• 152.18 dismissal, third degree possession: not automatic; a petition is possible one year after completing the stay without a new charge. Source: Minnesota Statutes 609A.02
• Convictions: a fifth degree gross misdemeanor becomes eligible three years after discharge of the sentence, and a felony fifth degree four years after, with no new conviction and no pending charge. Felony third and fourth degree possession convictions require a petition after four years. Source: Minnesota Statutes 609A.015

Expungement does not reach records held by the health and human services commissioners. Source: Minnesota Statutes 609A.015 The BCA identifies and seals qualifying records, and a 2026 law requires it to unseal a record it later finds did not qualify. Source: Laws 2026, chapter 70, section 5 See our expungement page.

How do paraphernalia and prescriptions affect a drug charge?

Possessing drug paraphernalia is no longer a crime in Minnesota. Source: Minnesota Statutes 152.092 Manufacturing paraphernalia for delivery is still a misdemeanor, and delivering it to a minor can be a gross misdemeanor. Source: Minnesota Statutes 152.093 Source: Minnesota Statutes 152.094

Every possession degree requires unlawful possession, so a lawful prescription is a core issue. Getting a drug by fraud or a forged prescription is a fifth degree felony with no gross misdemeanor option. Source: Minnesota Statutes 152.025 See defending prescription drug charges.

Is marijuana still a crime in Minnesota?

Adults 21 and older may possess cannabis within limits, but larger amounts and unlicensed sales are still charged. The limits are 2 ounces of flower in public, 2 pounds at home, 8 grams of concentrate and 800 milligrams of THC in edibles. People under 21 are generally barred, subject to medical cannabis exceptions. No one may use cannabis in a vehicle, outside a narrow medical exception. Source: Minnesota Statutes 342.09 Driving under the influence of cannabis or another controlled substance is DWI. Source: Minnesota Statutes 169A.20 See our Minneapolis DWI lawyer page.

Level	Flower	Concentrate	THC in edibles	Maximum
Petty misdemeanor	Over 2 to 4 ounces	Over 8 to 16 grams	Over 800 to 1,600 mg	Not a crime; fine up to $300
Misdemeanor	Over 4 ounces to 1 pound	Over 16 to 80 grams	Over 1,600 mg to 8 grams	90 days, $1,000
Gross misdemeanor	Over 1 to 2 pounds	Over 80 to 160 grams	Over 8 to 16 grams	364 days, $3,000
Felony	Over 2 pounds to 10 kilograms	Over 160 grams to 2 kilograms	Over 16 to 200 grams	5 years, $10,000

The flower amounts in the first three rows apply outside your residence. Source: Minnesota Statutes 152.0263 Over 10 kilograms of flower, 2 kilograms of concentrate or 200 grams of THC in edibles is third degree, and larger amounts reach second and first degree. Source: Minnesota Statutes 152.023 Source: Minnesota Statutes 609.02

An unlicensed adult sale within the personal limits is a petty misdemeanor, and a free transfer between adults 21 and older is not an unlawful sale at that level. Larger sales are a misdemeanor, or a gross misdemeanor in a school zone, park zone or drug treatment facility or after a prior sale conviction within ten years. Any sale to a minor is a gross misdemeanor. A felony requires a larger sale plus either a minor buyer more than 36 months younger or a pattern of prior sale convictions within ten years. Source: Minnesota Statutes 152.0264 See Minnesota cannabis laws.

Questions people ask a Minneapolis drug crime lawyer

Is fifth degree drug possession a felony in Minnesota?

Usually. It is a gross misdemeanor only for a person with no prior chapter 152 or similar conviction who possessed less than 0.25 grams or one dosage unit or less, or less than 0.05 grams of heroin. Fraud and sale charges are always felonies. Source: Minnesota Statutes 152.025

Can I be charged if the drugs were not mine?

Yes, if the State claims you knowingly exercised dominion and control over them. Being a passenger or roommate is not enough on its own, and the statutory inferences of knowing possession do not apply when the drugs were concealed on someone else. Source: Minnesota Statutes 152.028

Will a drug case stay on my record?

Not always. Dismissals and qualifying fourth and fifth degree 152.18 discharges are eligible for automatic expungement, and lower-level convictions can become eligible after a waiting period without a new conviction. Source: Minnesota Statutes 609A.015

Does sharing drugs count as selling?

It can. Under Minnesota law, to sell includes giving away, delivering, offering or agreeing to transfer a drug, so no money has to change hands. Giving away any amount of a narcotic can be third degree. Source: Minnesota Statutes 152.01

Should I hire a lawyer for a first-time possession charge?

We recommend it. A lawyer can check whether a 152.18 stay or diversion is available, weigh them together because diversion under section 401.065 bars a later 152.18 stay, and challenge the search and the lab work.

Talk with Martine Law about a Minneapolis drug charge

Martine Law PLLC defends possession, sale and conspiracy charges across Hennepin County. Tell us the charge, the court date and where the arrest happened, and we will explain the evidence, the defenses and the realistic outcomes. Contact Martine Law PLLC online. Phones are answered 24/7. Call 612-294-0650 to request a free consultation.

This content provides general information and should not be considered legal advice. Contact Martine Law for guidance specific to your situation.

Criminal defense services are provided by Martine Law PLLC.