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A Minnesota felony drug allegation should be evaluated from the exact statute and subdivision in the complaint. The substance, alleged conduct, quantity, dates and other alleged facts can change the charge. An arrest or a drug’s schedule alone does not establish the degree or predict a sentence.
Our Minnesota drug-charge defense page provides a practice overview. Bring the charging document and release order when seeking advice.
Read the degree and subdivision together
Chapter 152 contains separate sale, possession and other provisions. Check the particular clause rather than relying on a chart that lists only a drug and a weight.
- First degree, section 152.021: sale and possession use different criteria. For example, its specified heroin or fentanyl sale provision uses ten grams or 40 dosage units within a 90-day period, not a blanket 17-gram heroin threshold.
- Second degree, section 152.022: the specified heroin or fentanyl sale provision uses three grams or 12 dosage units within a 90-day period. Other clauses address different substances, conduct and circumstances.
- Third degree, section 152.023: sale and possession provisions are distinct. Do not assume every sale of any Schedule I or II substance falls under a single clause.
- Fourth degree, section 152.024: includes specified possession of ten or more packaged dosage units of phencyclidine or a hallucinogen. That example should not be labeled third-degree possession.
- Fifth degree, section 152.025: includes a gross-misdemeanor provision for qualifying small-quantity possession and prior-record circumstances. Not every fifth-degree allegation is a felony.
These examples are not a complete threshold chart. Have counsel compare the actual charge with the substance identification, mixture or dosage evidence, alleged time period and any additional statutory factors.
What should a lawyer examine?
Ask about the legal basis for a search, the alleged connection between you and the substance, laboratory findings, chain of custody and the elements of the charged conduct. Preserve original messages and records, including information that may be unfavorable. Do not edit or delete material to improve appearances.
A disputed search, test or possession allegation does not automatically require dismissal. Ask what a proposed motion could accomplish, which evidence has been reviewed and what further investigation may matter. Avoid assuming that a short label such as “entrapment” or “lack of intent” resolves the legal analysis.
Release conditions and bail
Minnesota Criminal Procedure Rule 6.02 governs pretrial release decisions. The court considers the individual case and may impose conditions or monetary bail under the rule; a high-level drug charge alone is not an explanation that bail can simply be denied.
Ask counsel about the actual release order, conditions and any request for review. If you cannot meet the conditions or monetary bail, you may remain in custody. Representation does not guarantee release or a particular bail amount.
How should sentencing and treatment options be evaluated?
A statutory maximum is not a prediction of the sentence. Ask counsel to explain the applicable sentencing framework, criminal-history assessment, any mandatory provision and any legally available departure or alternative. Clarify the actual terms of a proposed plea before deciding.
Section 152.18 provides discharge-and-dismissal procedures for specified possession cases and qualifying histories. It contains both discretionary and mandatory provisions with eligibility requirements. Do not assume every first charge qualifies, or that starting treatment alone guarantees dismissal. Ask which provision, conditions and consequences apply to your case.
Can a record be sealed?
Section 609A.02 lists grounds for petition-based record sealing, including specified drug dispositions. Eligibility depends on the actual offense, outcome and statutory requirements; completing a sentence and showing hardship are not a universal eligibility test. Have counsel review the specific record and any applicable process or waiting period.
Discuss employment, licensing, housing, firearm or property concerns separately when they matter to you. A general statement that every consequence lasts for life is not a reliable assessment.
A felony conviction does not permanently remove voting rights in Minnesota. The Minnesota Secretary of State explains that your criminal record affects your voting right only while you are currently incarcerated for a felony conviction. Other voting eligibility and registration requirements still apply. Firearm eligibility is a separate legal question; do not infer it from voting eligibility.
Prepare for a case review
Bring the complaint, release conditions, hearing notices, search paperwork you received and any laboratory or prior-case records. Record the next hearing date and ask who will handle each deadline. Confirm fees and whether representation includes any separate forfeiture or other proceeding.
Your first conversation may be with a Director of Client Engagement (non-attorney), who helps with intake and scheduling but does not provide legal advice. Bring the complaint, release order and hearing notices, and tell intake staff about approaching deadlines so an attorney can review the legal questions. Ask what the proposed representation includes.
Contact Martine Law to request a consultation. No particular outcome is guaranteed. LawHelpMN provides additional general legal information.
This page states Minnesota law and is for general information, not legal advice.
