Getting stopped with prescription medication that isn’t prescribed to you can lead to serious consequences in Minnesota. Even if the pills are for pain, anxiety, or ADHD (and even if you didn’t intend to sell them), possession without a valid prescription can still be treated as a felony under Minnesota drug laws.
Here’s what the law says about prescription drugs, when possession becomes a felony, and what defenses may protect your record and future.
Contact a drug crime lawyer today and protect your freedom.
Minnesota law on prescription drug possession
Under Minnesota Statutes § 152.025 and § 152.021–152.024, prescription medications are classified as controlled substances, just like illegal drugs.
That means certain pills, including opioids (like oxycodone), benzodiazepines (like Xanax), and stimulants (like Adderall), fall under the same statutes as substances such as cocaine or methamphetamine when they’re not legally prescribed to you.
Even if you didn’t realize it was illegal to carry them, possessing someone else’s medication or using a prescription that’s not yours violates state law.
Learn more about Minnesota’s controlled substance laws at Martine Law’s drug charge defense page.
When prescription drug possession becomes a felony
Whether your case is charged as a felony, gross misdemeanor, or misdemeanor depends on two main factors:
- What type of drug it is, and
- How much you had.
Minnesota divides controlled substances into five degrees of severity. Here’s how that applies to prescription pills.
1st–4th Degree Controlled Substance Crimes (Felonies)
These are the most serious levels and apply when there’s evidence of:
- Large quantities of prescription pills,
- Intent to sell or distribute, or
- Mixing pills with other controlled substances (like fentanyl or heroin).
Penalties:
- Up to 30 years in prison and fines up to $1 million, depending on the degree.
Example: Having dozens of oxycodone pills not prescribed to you could trigger a 3rd or 4th degree felony.
5th Degree Controlled Substance Crime (Felony)
Most simple possession cases fall here.
Under Minn. Stat. § 152.025, possessing any amount of a Schedule II–V controlled substance without a prescription is a felony.
Penalty:
- Up to 5 years in prison and a $10,000 fine.
However, if it’s your first offense and the amount is small, the court may reduce it to a gross misdemeanor.
Examples of felony prescription drug possession
You can be charged with a felony if:
- You carry prescription pills that don’t belong to you, even if you only have a few.
- You borrowed medication from a friend or relative.
- You kept leftover pills from an old prescription after it expired.
- The medication is in unlabeled containers or loose in a bag or car.
- Police find multiple pills and suspect intent to sell or share.
Even if you never intended to distribute the drugs, possession alone can lead to felony charges.
What if the pills are legally prescribed?
If the pills were prescribed to you, you can legally possess them — but only under certain conditions:
- You must have a valid prescription label with your name.
- The pills must be in their original container (especially when driving or crossing state lines).
- You cannot share or sell them to anyone else.
If you can show proof of a valid prescription, your attorney can usually get the case dismissed.
Common prescription drugs involved in felony charges
Minnesota law treats the following as controlled substances when possessed without a valid prescription:
- Opioids: Oxycodone (OxyContin), Hydrocodone (Vicodin), Morphine, Fentanyl.
- Benzodiazepines: Xanax, Valium, Klonopin, Ativan.
- Stimulants: Adderall, Ritalin, Vyvanse.
- Sleep medications: Ambien, Lunesta.
- Anti-anxiety or painkillers not prescribed to the person found with them.
Because these medications can be addictive or misused, police and prosecutors often treat possession as a serious offense.
Contact a defense lawyer today.
Defenses against prescription pill charges
Just because you were found with pills doesn’t mean you’ll be convicted. A skilled Minnesota defense lawyer can raise several defenses depending on your situation.
1. Valid prescription
You had a current prescription for the medication, but police didn’t recognize the label or container.
2. Lack of knowledge
You didn’t know the pills were in your possession — for example, if they were in a borrowed car or someone else’s bag.
3. Illegal search or seizure
Police must have probable cause or consent to search your vehicle, home, or belongings. If they didn’t, your lawyer can seek to suppress the evidence.
4. Wrongful classification
Sometimes lab tests reveal that seized pills are over-the-counter or otherwise misidentified.
5. Diversion or treatment program eligibility
If you have no prior drug convictions, you may qualify for a stay of adjudication or drug court, allowing you to complete treatment and avoid a felony record.
Learn more about defense strategies at Martine Law’s criminal defense page.
What to do if you’ve been charged
If you’ve been cited or arrested for having prescription pills in Minnesota:
- Do not talk to police or try to explain — anything you say can be used against you.
- Call a defense attorney immediately. Early intervention can make a major difference.
- Save prescription records or pharmacy receipts that show your name and dosage.
- Avoid contact with anyone else involved. Statements or texts can complicate your case.
- Follow through with court dates and treatment recommendations.
A knowledgeable attorney can negotiate to have the charge reduced, dismissed, or diverted.
Key takeaways
- Yes, prescription pill possession can be a felony in Minnesota if the pills aren’t prescribed to you.
- Most cases fall under 5th-degree controlled substance crimes, punishable by up to 5 years in prison.
- Having a valid prescription or being charged with a small amount may reduce penalties.
- Common defenses include proof of prescription, illegal search, or lack of knowledge.
- Acting quickly with a defense lawyer gives you the best chance to protect your record.
If you’ve been caught with prescription medication in Minnesota — whether it’s yours, borrowed, or found in your vehicle — Martine Law can help. Our experienced criminal defense attorneys know how to challenge drug evidence, negotiate with prosecutors, and pursue options that avoid a felony conviction.
Contact Martine Law today for a confidential consultation.
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Meta Title: Prescription Pill Possession in Minnesota | Is It a Felony?
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Disclaimer: This content is for informational and educational purposes only and does not constitute legal advice. For legal guidance specific to your situation, please contact Martine Law.