Drug crimes in Minnesota carry serious consequences, especially when charged as felonies. But not all drug charges are created equal. Some may lead to minor penalties like probation or small fines, while others can result in years behind bars and a lifelong criminal record.
So what exactly makes a drug charge a felony in Minnesota? The answer lies in a combination of drug type, amount, intent, and prior history. In this article, we’ll break down the key factors, the legal classifications, and what you can expect if you’re facing a felony drug charge.
Understanding Minnesota Drug Schedules
Minnesota classifies controlled substances into five schedules (I through V), depending on their potential for abuse and accepted medical use.
- Schedule I: No accepted medical use; high potential for abuse (e.g., heroin, LSD, ecstasy)
- Schedule II: High potential for abuse, but with limited medical uses (e.g., cocaine, methamphetamine, morphine)
- Schedule III-V: Decreasing potential for abuse and increasing medical applications (e.g., Xanax, Valium, codeine mixtures)
The higher the schedule (I and II), the more serious the potential charges—especially when it comes to felony-level offenses.
Key Factors That Determine a Felony Drug Charge
Several elements impact whether a drug offense will be charged as a felony in Minnesota. These include:
1. Quantity of the Drug
Minnesota’s drug laws have specific thresholds that, if exceeded, automatically elevate a charge to a felony. These thresholds vary depending on the drug type.
For example:
- Cocaine or methamphetamine: Possession of 10+ grams can lead to a first-degree felony charge.
- Heroin: Possession of just 3+ grams may result in the same.
- Marijuana: Possession over 42.5 grams (about 1.5 ounces) is a felony.
Even smaller amounts can still result in felony charges if other aggravating factors are present.
2. Type of Drug
Possessing Schedule I or II drugs is much more likely to result in felony charges compared to lower-schedule substances. For instance:
- Possessing a few pills of Adderall (a Schedule II drug) without a prescription could lead to a felony.
- Possessing a small amount of marijuana (under 42.5 grams) would likely result in a petty misdemeanor.
3. Intent to Sell or Distribute
The intent to sell, even without an actual sale taking place, can raise the charge to a felony. Indicators of intent include:
- Large quantities of drugs
- Packaging materials
- Scales or ledgers
- Large sums of cash
Possession with intent to distribute typically leads to more severe charges than simple possession.
4. Location of the Offense
Minnesota law enhances drug charges if the offense occurred:
- In a school zone
- In a public housing zone
- In a drug treatment facility
- In a park or public housing area
If you’re caught selling or possessing drugs in these areas, the charge can be elevated to a felony with harsher penalties.
5. Prior Convictions
Repeat offenders face tougher penalties. If you have a prior felony drug conviction, a subsequent offense may result in an automatic felony, even for amounts that would otherwise be misdemeanors.
Degrees of Felony Drug Charges in Minnesota
Minnesota classifies drug felonies into five degrees, with the first-degree being the most serious.
First-Degree Controlled Substance Crime
- Possession: 50+ grams of cocaine/meth, 25+ grams of heroin
- Sale: 17+ grams of cocaine/meth, 10+ grams of heroin
- Penalty: Up to 30 years in prison and $1 million fine
Second-Degree
- Possession: 25+ grams cocaine/meth or 6+ grams heroin
- Sale: 10+ grams of cocaine/meth or 3+ grams heroin
- Penalty: Up to 25 years in prison, $500,000 fine
Third-Degree
- Possession: Any amount of a narcotic drug, or 10+ kilos marijuana
- Sale: Narcotics, Schedule I or II drugs, or sale to a minor
- Penalty: Up to 20 years in prison, $250,000 fine
Fourth-Degree
- Sale: Small amounts of Schedule I–III drugs, or marijuana in a school zone
- Possession: Schedule I or II with intent to sell
- Penalty: Up to 15 years in prison, $100,000 fine
Fifth-Degree
- Possession: Any amount of a Schedule I–IV drug, unless legally prescribed
- Sale: Small amounts without aggravating factors
- Penalty: Up to 5 years in prison, $10,000 fine
Even a fifth-degree controlled substance crime is still a felony unless qualified for diversion or sentencing alternatives.
Collateral Consequences of a Felony Drug Charge
A felony drug conviction doesn’t only mean fines and prison. It can also result in:
- Loss of gun rights
- Difficulty finding housing or employment
- Ineligibility for federal student loans
- Immigration consequences for non-citizens
- Social stigma and strained family relationships
That’s why fighting a felony charge is so important.
Can Felony Drug Charges Be Reduced or Dismissed?
Yes, but it depends on the circumstances. Possible strategies include:
- Challenging an illegal search or seizure
- Proving lack of intent to distribute
- Arguing that the amount was below felony thresholds
- Entering a diversion program (if first-time, non-violent offender)
In some cases, a skilled defense attorney may be able to negotiate a plea to a lower charge, or seek participation in a drug court program that offers treatment instead of incarceration.
What to Do If You’re Facing Felony Drug Charges in MN
Don’t panic—but don’t take the situation lightly either. A felony charge can derail your future. At Martine Law, our criminal defense attorneys have experience with drug crime cases across all five degrees of charges.
We can:
- Review police conduct for illegal searches
- Evaluate your eligibility for diversion or treatment court
- Challenge the state’s evidence and negotiate with prosecutors
- Advocate aggressively in court if necessary
Your rights and freedom are worth fighting for.
Final Thoughts
Minnesota drug laws are strict, and even a small mistake can land you in serious trouble. What turns a simple drug charge into a felony comes down to the type, amount, and context of the offense—plus any prior convictions.
If you or a loved one is facing felony drug charges in Minnesota, get legal help fast. The sooner you act, the better your chances of protecting your future.