Getting arrested for drug possession in Minnesota can be one of the most overwhelming experiences of your life. You might feel scared, confused, and unsure of what to do next. The moment those handcuffs go on, the legal process begins — and what happens in the hours, days, and weeks afterward can have a huge impact on your future.
Minnesota law treats drug possession seriously, with potential penalties ranging from fines and probation to years in prison, depending on the type and amount of the controlled substance. But an arrest doesn’t automatically mean a conviction. You still have rights, options, and possible defenses.
This guide walks you through what happens after a drug possession arrest in Minnesota, step-by-step — from the moment you’re taken into custody to the possible outcomes of your case. We’ll also explain your legal rights, what to expect in court, and how a criminal defense attorney can help protect your future.
Step 1: The Arrest and Booking Process
When you’re arrested for drug possession in Minnesota, the first step is typically custody and booking.
- Custody – Law enforcement will take you into custody, usually at the scene of the alleged offense. They will search you and seize any suspected controlled substances as evidence.
- Transportation to Jail – You’ll be transported to a police station or county jail for processing.
- Booking – Officers will collect your personal information, take fingerprints and photographs (mugshots), and enter your arrest into the state’s criminal database.
Tip: Anything you say during or after your arrest can be used against you. You have the right to remain silent and request an attorney — use it.
Step 2: Understanding the Charges
Minnesota’s drug possession laws are outlined under Minnesota Statutes Chapter 152. Possession charges are divided into five degrees, based primarily on:
- Type of drug (e.g., marijuana, cocaine, methamphetamine, heroin)
- Amount found
- Whether possession was for personal use or with intent to sell
- Prior convictions
Examples:
- First-degree possession – Large quantities of drugs (e.g., 25+ grams of heroin, 50+ grams of methamphetamine).
- Fifth-degree possession – Small amounts of drugs, often charged for first-time offenders.
Possession can be:
- Actual possession – Drugs are found on your person (pocket, bag, etc.).
- Constructive possession – Drugs are found in a place you control (car, home) and prosecutors can link them to you.
Step 3: Bail and Release
After booking, you may be eligible for:
- Release on bail – Paying a set amount to secure release until trial.
- Conditional release – Release without cash bail but with certain restrictions, such as no contact with certain individuals or regular drug testing.
- Held without bail – If you have prior offenses or the charges are severe.
Your criminal defense attorney can request a bail hearing to argue for reduced bail or release conditions.
Step 4: Your First Court Appearance (Arraignment)
The arraignment is typically held within 36 hours of arrest (excluding weekends and holidays).
During arraignment:
- The judge informs you of the charges.
- You are advised of your rights.
- Bail and release conditions are reviewed or set.
- You enter a plea (guilty, not guilty, or no contest).
Most defendants plead not guilty at this stage to give their attorney time to review evidence and build a defense.
Step 5: Pretrial Process
If you plead not guilty, your case moves to the pretrial phase, which may include:
- Discovery – The prosecutor shares the evidence they plan to use, including lab reports, police reports, and witness statements.
- Motions – Your attorney may file motions to suppress illegally obtained evidence (e.g., if the search violated your Fourth Amendment rights).
- Plea Negotiations – The prosecutor may offer a reduced charge or lighter sentence in exchange for a guilty plea.
Step 6: Potential Defenses to Drug Possession Charges
Common defenses include:
- Illegal Search and Seizure – If police didn’t have a warrant or probable cause, evidence could be thrown out.
- Lack of Possession – Proving you didn’t know about the drugs or didn’t have control over them.
- Entrapment – If law enforcement induced you to commit an offense you otherwise wouldn’t have.
- Faulty Lab Testing – Challenging the accuracy of drug identification tests.
Step 7: Possible Outcomes
Depending on the case, the following are possible outcomes:
- Charges Dismissed – If evidence is suppressed or the prosecution’s case is too weak.
- Diversion Programs – First-time offenders may be eligible for drug education or treatment instead of jail.
- Conviction and Sentencing – Penalties vary based on the degree of possession.
- Stay of Adjudication – Pleading guilty, but the court does not enter a conviction if you complete certain conditions.
Step 8: Long-Term Consequences of a Conviction
Even after serving your sentence, a drug conviction in Minnesota can affect:
- Employment opportunities.
- Housing applications.
- Student loan eligibility.
- Immigration status (for non-citizens).
This is why having a Minnesota drug possession lawyer on your side is crucial.
Your Rights After a Drug Possession Arrest
You have the right to:
- Remain silent.
- Be represented by an attorney.
- Be free from unlawful searches and seizures.
- Receive a fair and speedy trial.
Exercising these rights immediately after your arrest can make a significant difference in your case.
Why You Need an Experienced Criminal Defense Attorney
Drug laws in Minnesota are complex, and the penalties are serious. At Martine Law, our criminal defense attorneys have handled numerous drug possession cases, from misdemeanor marijuana charges to high-level felony cases.
We know how to challenge evidence, negotiate for reduced penalties, and, when possible, get charges dismissed. If you or a loved one is facing a drug possession charge in Minnesota, contact us today to protect your rights.