Overview of Drug Possession Laws in Minnesota
In Minnesota, drug possession is taken seriously. Whether you’re caught with marijuana, prescription pills without a valid prescription, or controlled substances like cocaine or methamphetamine, the legal consequences can be severe.
Minnesota divides drug crimes into five degrees. First-degree is the most serious, typically involving large amounts or intent to distribute. Fifth-degree drug possession, the most common charge, still carries possible jail time and a permanent criminal record.
Read more: Understanding Drug Possession Charges in Minnesota
The Arrest Process: What to Expect
If you’re arrested for drug possession in Minnesota, it typically happens during:
- A traffic stop
- A search warrant execution
- A domestic disturbance call
- A random search in a public area
Officers may ask if you know what the substance is or try to get a confession on the spot. Politely exercise your right to remain silent and request a lawyer.
Booking and Bail: What Happens at the Jail
After you’re arrested:
- You’ll be transported to jail.
- Your personal belongings will be taken and inventoried.
- You’ll be fingerprinted, photographed, and formally booked.
Depending on the substance, quantity, and your criminal history, you may:
- Be released on your own recognizance
- Have bail set by a judge
- Remain in custody until your hearing
If it’s your first offense and the amount was small, you may be eligible for diversion or conditional release.
Understanding Your Charges
You’ll typically face a fifth-degree drug possession charge under Minnesota Statute § 152.025 if you’re found with a small amount of a controlled substance.
Penalties may include:
- Up to 5 years in prison
- Fines up to $10,000
- Probation
- Drug treatment or counseling
The charge may be enhanced if you’re near a school, park, or if you’ve had previous convictions.
Explore more: Facing Felony Drug Charges in Minnesota? Here’s What to Expect
Court Appearances: Your First Hearing
Your first court appearance, called the arraignment, usually happens within a few days. At this hearing:
- The charges will be read aloud
- You will enter a plea (not guilty, guilty, or no contest)
- Bail or conditions of release may be discussed
This is a critical moment. Never plead guilty before speaking with an attorney.
Should You Talk to the Police?
No. You have the right to remain silent. Anything you say can and will be used against you in court.
Avoid these mistakes:
- Explaining the drugs belong to someone else
- Admitting to prior use
- Talking to friends or family over recorded jail phones
Let your attorney handle all communication moving forward.
Common Defenses in Drug Possession Cases
A skilled defense attorney may use several strategies, including:
- Unlawful search and seizure: If your rights were violated, the evidence may be inadmissible.
- Lack of knowledge or intent: If you didn’t know the drugs were present, it could weaken the prosecution’s case.
- Chain of custody errors: Mishandling of evidence can result in dismissal.
- Diversion eligibility: First-time offenders may avoid jail through rehab or community service.
How a Criminal Record Can Affect Your Future
A drug conviction can make life harder, even after serving time. It may impact:
- Employment opportunities
- Housing options
- Student loans or scholarships
- Child custody or immigration status
Getting Legal Help Right Away
If you or a loved one has been arrested for drug possession, reach out to a lawyer immediately. At Martine Law, we offer aggressive, compassionate defense tailored to your situation.
We can help with:
- Negotiating a lesser charge
- Avoiding jail through treatment options
- Filing motions to suppress illegal searches
- Defending your rights at trial