First-offense felony drug cases in Minnesota: Diversion, stays of adjudication & outcomes

Minnesota classifies drug crimes under Chapter 152. Many felony drug cases involve possession with intent to sell, trafficking, importation, large quantities of controlled substances, or distributing within certain zones. 

For a first felony drug charge, a person faces serious legal exposure. However, Minnesota law also provides some statutory alternatives and flexible outcomes intended to balance accountability with rehabilitation, especially for low-risk, first-time offenders.

Two of the primary legal tools in this regard are:

• Diversion / Deferred Prosecution / Deferral 
• Stay of Adjudication 

Each has distinct rules, qualifications, risks, and possible benefits.

Diversion / Deferred Prosecution / Deferral Options

Statutory Deferral Under Minnesota Statute § 152.18

Minnesota law allows courts to defer prosecution for certain controlled substance offenses under Section 152.18 for first-time offenders meeting specific criteria.

Key features:

• It applies to certain nonviolent controlled substance offenses (for example, possession offenses) when a person has no prior felony conviction under Chapter 152. 
• The person must not previously have participated in or completed a diversion program under Minnesota § 401.065. 
• The prosecutor and court must agree to defer, and conditions (like probation, treatment, fines) are imposed. 
• If conditions are satisfied, the case may be dismissed (no formal conviction). But if conditions are violated, the court may revoke deferral and impose conviction.

This statute provides one path for first offenders to avoid having a felony conviction on their record, if eligible.

Local / Pretrial Diversion Programs

In many Minnesota counties, prosecutors offer pretrial diversion programs for eligible cases. These are often used for lower-level drug offenses, and sometimes for felony-level possession, depending on local policy. 

Features include:

• Enrollment after charges are filed but before conviction 
• Requirements like substance abuse assessment, treatment, community service, reporting 
• Upon completion, charges may be dropped or dismissed 
• Though technically not a “felony diversion” in all places, for first-offense drug cases this path may be available depending on prosecutorial discretion 

One caveat: not all felony drug charges qualify for diversion—eligibility often depends on amount, type of drug, past record, or aggravating factors. 

Stay of Adjudication

A stay of adjudication is another tool used in Minnesota to avoid a formal conviction while placing the defendant on probation under conditions.

How It Works

• The defendant pleads guilty (or is found guilty), but the court withholds entering a judgment of conviction and instead imposes probationary conditions. (Ambrose Law Firm, PLLC –) 
• If the defendant complies with all conditions (no new crimes, completing treatment, etc.), the court may dismiss the charge and avoid a conviction on their record. (Ambrose Law Firm, PLLC –) 
• If the defendant violates the conditions, the court can vacate the stay, accept the original guilty plea, and impose a sentence.  

Eligibility & Limitations

• Not all felony drug offenses qualify; higher-level trafficking or those with aggravated factors may not be eligible. 
• Prosecutor’s consent is often required. 
• A felony stay of adjudication is not considered a felony conviction under Minnesota sentencing guidelines (because no judgment was entered).
• If the stay is revoked and the conviction enters, that conviction then counts fully under sentencing guidelines. 

Common Outcomes & Scenarios

Here are typical possible results and what they mean in practice:

A successful deferral or stay of adjudication is often the best possible result in serious felony drug cases because it helps avoid a permanent conviction, maintaining future opportunities.

Strategic Considerations & Risks

• Prosecutorial Discretion: Even in a first-offense felony case, whether diversion or stay is offered often depends on the prosecutor in the county, the facts (quantity, distribution, prior record), and political climate. 
• Agreeing to a Guilty Plea: Both deferral and stay of adjudication typically require admitting guilt (or entering a guilty plea) up front, albeit withheld. That admission is crucial and can be risky. 
• Compliance is everything: Failing treatment, new offenses, missing probation check-ins—all can lead to loss of the favorable status and full conviction. 
• Record Visibility: Even if the conviction is avoided, the fact that charges existed or stays were entered may still appear on certain records (though treated differently than a full conviction). 
• Sentencing upon Revocation: If a stay is revoked, you may face more severe sentencing because the court assumes the conditions were breached. 

Also, while a stay of adjudication is not a conviction under sentencing guidelines, in certain contexts a stay that is later vacated and converted into a conviction can carry aggravating departures. (mn.gov // Minnesota’s State Portal)

Why You Need Skilled Legal Representation

First-offense felony drug cases are high-stakes. Even when alternatives like deferral or stay of adjudication are possible, they require navigating complex statutes, showing eligibility, and advocating strongly with prosecutors and judges.

A skilled defense attorney can help you:

• Evaluate whether § 152.18 deferral is available in your county 
• Negotiate a stay of adjudication instead of a straight conviction 
• Present mitigating evidence (lack of prior record, substance use history, rehabilitation plan) 
• Monitor compliance and guide you on fulfilling conditions 
• Challenge procedural or evidentiary issues (search and seizure, chain of custody, lab testing errors) 
• Protect your long-term rights (expungement, record sealing) 

Without the right representation, you risk ending up with a felony conviction when a more favorable alternative might have been available.

Contact a lawyer today.