Facing a felony drug charge for the first time can be one of the most stressful moments of your life. You might be wondering: Will I go to prison? Will this stay on my record forever? Can I get help instead of a conviction?
The truth is, Minnesota law treats drug crimes seriously, but first-time offenders often have options that can protect their future. Whether you were caught with a small amount of controlled substances or accused of intent to sell, what happens next depends on your charge level, your criminal history, and the strategy you and your lawyer build.
Contact a criminal defense lawyer and protect your future. Don’t let a simple mistake change your life.
How Minnesota classifies drug felonies
Drug crimes in Minnesota are divided into five degrees, based on the type and amount of substance and whether there was intent to sell.
| Degree | Typical Circumstances | Penalty Range |
| 1st Degree | Large quantities (e.g., 25+ grams of cocaine, 100+ grams of meth) or major trafficking | Up to 30 years in prison, $1 million fine |
| 2nd Degree | Smaller but still significant amounts or multiple sales | Up to 25 years in prison, $500,000 fine |
| 3rd Degree | Possession of moderate amounts, or any sale of narcotics | Up to 20 years in prison, $250,000 fine |
| 4th Degree | Possession with intent to sell smaller amounts | Up to 15 years in prison, $100,000 fine |
| 5th Degree | Small amounts of controlled substances for personal use | Up to 5 years in prison, $10,000 fine |
Most first-time offenders are charged under 5th-degree possession (Minn. Stat. § 152.025), especially if there’s no evidence of distribution.
Learn more about these laws on Martine Law’s Minnesota drug charge page.
What happens right after your arrest
If you’re arrested for a felony drug charge, you’ll typically go through these steps:
- Arrest and booking — You’ll be taken to jail, fingerprinted, and processed.
- Bail hearing or release — Depending on the severity, you may be released on bail or conditions.
- Formal charges — The prosecutor files a complaint outlining the evidence and statute violated.
- First court appearance (arraignment) — You’ll enter a plea of guilty or not guilty.
- Discovery and negotiation — Your attorney reviews evidence, lab reports, and police procedures for errors.
- Possible resolution — Your case could end in dismissal, plea negotiation, or entry into a diversion program.
Having an attorney from the start can make the difference between a conviction and a clean record.
First-time offenders may qualify for alternatives to conviction
Minnesota recognizes that addiction and mistakes shouldn’t define your life forever. For many first-time offenders, there are rehabilitative alternatives that focus on treatment and accountability instead of punishment.
1. Stay of adjudication
Under Minn. Stat. § 152.18, first-time offenders may be eligible for a stay of adjudication.
That means:
- You plead guilty, but no conviction is entered.
- You complete probation, treatment, and testing requirements.
- When you finish successfully, the case is dismissed, and you avoid a felony record.
This is one of the best outcomes available for first-time drug defendants.
2. Diversion programs
Some counties offer drug diversion programs, allowing you to complete counseling, education, and monitoring in exchange for dismissal. These are often available for 5th-degree cases and low-risk offenders.
3. Drug court
For those struggling with addiction, Minnesota has specialized drug courts focused on long-term recovery rather than incarceration. Participants receive supervision, treatment, and regular court check-ins.
4. Conditional release or probation
If you’re convicted but show you’re taking responsibility, judges may issue a stayed sentence, meaning no prison time if you successfully complete probation and meet court requirements.
What prosecutors must prove
Even for first-time offenders, prosecutors must show:
- You knowingly possessed or controlled a controlled substance.
- The substance was illegal under Minnesota’s controlled substance schedules.
- You intended to possess it (not by accident or mistake).
Your attorney can challenge each element — especially if:
- The search was illegal,
- You didn’t know the drugs were there (for example, in a friend’s car),
- The substance wasn’t properly tested or handled, or
- Police overstepped with unlawful detention or questioning.
Possible defenses to first-time felony drug charges
Even if the evidence seems strong, there are often powerful defenses. A defense lawyer can:
- Challenge the search and seizure if officers lacked probable cause or a warrant.
- Dispute constructive possession if drugs weren’t found directly on you.
- Request suppression of evidence from unlawful police conduct.
- Present treatment progress or clean drug tests to seek leniency.
- Negotiate a stay of adjudication or diversion to avoid a permanent record.
You can read more about these strategies at Martine Law’s criminal defense page.
What a first-time felony drug conviction can mean
If your case ends in a conviction instead of diversion, the consequences can extend beyond jail time:
- Permanent criminal record (visible to employers, landlords, and licensing boards)
- Loss of gun rights (for felonies)
- Driver’s license suspension
- Difficulty finding housing or employment
- Loss of federal student aid
That’s why avoiding a conviction (through negotiation, treatment, or dismissal) is the top priority for your defense lawyer.
What you should do right now
If you’ve been arrested for a first-time felony drug charge in Minnesota:
- Don’t panic — but act quickly. The earlier you get legal help, the more options you’ll have.
- Do not talk to police or investigators without an attorney present.
- Gather paperwork — court notices, bail conditions, and any police reports.
- Get evaluated for treatment if substance use played a role — showing initiative helps your case.
- Hire an experienced defense attorney who knows Minnesota’s drug laws and diversion programs.
Key takeaways
- First-time felony drug charges in Minnesota are serious, but you may not have to go to prison.
- Many first offenders qualify for stay of adjudication, diversion, or drug court programs.
- Acting fast and getting a skilled lawyer can help you avoid a conviction and protect your record.
- Even small mistakes — like carrying a few pills without a prescription — can be charged as felonies.
- The right legal strategy can turn this into an opportunity for recovery and a clean slate.
If you’re facing your first felony drug charge in Minnesota, you still have a path forward. At Martine Law, we help clients protect their rights, challenge weak evidence, and pursue treatment-based resolutions that keep their records clean.
Contact Martine Law today for a confidential consultation and learn how we can help you move forward with dignity and hope.
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.