Minnesota takes drug crimes very seriously, and even a small amount of an illegal substance can lead to harsh penalties. The state divides drug possession into five degrees, ranging from the most serious (first-degree) to the least severe (fifth-degree).
At Martine Law, we represent clients facing drug possession charges and fight to minimize the impact on their lives.
Degrees of drug possession charges
First-degree possession
- 25 grams or more of cocaine, meth, or heroin
- 500 grams or more of a narcotic drug other than heroin
- 500 grams or more of marijuana concentrate
- Penalty: Up to 30 years in prison and fines up to $1 million
Second-degree possession
- 6 grams or more of heroin
- 50 grams or more of cocaine or meth
- 50 grams or more of other narcotics
- Penalty: Up to 25 years in prison and fines up to $500,000
Third-degree possession
- 3 grams or more of heroin
- 10 grams or more of cocaine, meth, or other narcotics
- Possession with intent to sell in certain cases
- Penalty: Up to 20 years in prison and fines up to $250,000
Fourth-degree possession
- Possession of any amount of a Schedule I, II, or III drug (other than marijuana) with intent to sell
- Possession of 10 or more dosage units of hallucinogens
- Penalty: Up to 15 years in prison and fines up to $100,000
Fifth-degree possession
- Possession of any controlled substance (except a small amount of marijuana for personal use)
- Smallest-scale charge, but still serious
- Penalty: Up to 5 years in prison and fines up to $10,000
Marijuana possession in Minnesota
As of 2023, Minnesota has legalized adult-use recreational marijuana in limited amounts. However:
- Possessing more than the legal amount can still result in criminal charges
- Selling without proper licensing remains illegal
- Possession of marijuana concentrates has stricter penalties
For the latest updates, check the Minnesota Office of Cannabis Management.
Collateral consequences of a conviction
Drug convictions can have long-term effects beyond jail or fines, including:
- Loss of employment opportunities
- Housing restrictions
- Immigration consequences for non-citizens
- Driver’s license suspension in certain cases
How a lawyer can help
A Minnesota drug crimes lawyer can challenge:
- Whether the search and seizure was legal
- The accuracy of lab results
- Whether the prosecution can prove intent to sell
- Whether treatment programs or diversion may be available instead of jail
Key takeaways
- Minnesota divides drug possession into five degrees, with penalties ranging from 5 to 30 years in prison.
- Marijuana laws have recently changed, but exceeding legal limits can still bring criminal charges.
- An experienced defense attorney can fight charges, seek reductions, or negotiate alternatives to incarceration.
Facing a drug possession charge in Minnesota?
We fight aggressively to protect your future and minimize the consequences.
Contact Martine Law today for a confidential consultation.
