Possessing, distributing, and trafficking narcotics can yield state and federal criminal charges. The charges often depend on the classification of the drugs involved. Both the federal government and the states categorize controlled substances based on their potential for abuse.
The state of Minnesota divides controlled substances into five schedules. A drug's designation is important because it affects the drug charges and penalties you can face. The higher the risk for abuse or addiction, the greater the charges and penalties. Aggravating factors like possessing a firearm while commissioning a sale or possession crime may increase penalties and jail time.
Minnesota's drug schedules divide hundreds of drugs into five different categories. Examples include the following:
- Schedule I drugs: opiates like heroin and codeine methylbromide
- Schedule II drugs: cocaine, opium, morphine, fentanyl, methamphetamine, and amphetamines
- Schedule III: ketamine, anabolic steroids, human growth hormone, and marijuana
- Schedule IV: clonazapam, diazepam, and tramadol
- Schedule V acts as a restriction on methamphetamine precursor drugs, which means any compound, mixture, or preparation intended for human consumption containing ephedrine or pseudoephedrine as its sole active ingredient or as one of its active ingredients.
Minnesota legislature legalized the use of recreational cannabis in August 2023. Possessing over the legal amount is still a crime. FindLaw's Minnesota Marijuana Laws has more information.
An Overview of Minnesota Controlled Substance Laws
Understanding statutes is often challenging due to their complexity and text length. It helps to unpack the statutes with an easy-to-understand reference. Read the chart below for a simple overview of Minnesota's controlled substance laws.
Minnesota Controlled Substances Code Statutes
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Minnesota Statutes
- Minn. Stat. Section 152.02 (schedule of controlled substances)
- Minn. Stat. Section 152.021 (first-degree controlled substance crime)
- Minn. Stat. Section 152.022 (second-degree controlled substance crime)
- Minn. Stat. Section 152.023 (third-degree controlled substance crime)
- Minn. Stat. Section 152.024 (fourth-degree controlled substance crime)
- Minn. Stat. Section 152.025 (fifth-degree controlled substance crime)
- Minn. Stat. Section 152.0261 (importing controlled substances across state borders)
- Minn. Stat. Section 152.0262 (possession of substances with intent to manufacture methamphetamine crime)
- Minn. Stat. Section 152.027 (other controlled substance offenses)
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First-degree Controlled Substances Offenses Under Minnesota Law
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A person is guilty of a first-degree controlled substance crime if they possess or sell the following:
Possession of:
- 50 or more grams of cocaine or methamphetamine
- 25 or more grams (or 100 dosage units or more) of heroin or fentanyl
- 25 or more grams of cocaine or methamphetamine while possessing a firearm or the offense involves three aggravating factors
- 500 or more grams of a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine
- 500 or more grams (or 500 or more dosage units) of an amphetamine, phencyclidine, or hallucinogen
- The unlawful possession of 50 kilograms or more of cannabis flower
- The unlawful possession of 10 kilograms of cannabis concentrate
- The unlawful possession of edible cannabis products (including hemp and hemp-derived products) infused with more than one kilogram of tetrahydrocannabinol (THC)
Sale of:
- 17 or more grams of cocaine or methamphetamine
- 10 or more grams (or 40 dosage units or more) of heroin or fentanyl
- 10 or more grams of cocaine or methamphetamine while possessing a firearm or the offense involves two aggravating factors
- 50 or more grams of any narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine
- 50 or more grams of a mixture containing an amphetamine, phencyclidine, or a hallucinogen (or 200 or more dosage units of the same)
Penalty:
- First offense: Up to 30 years in prison and a fine of up to $1,000,000
- Second drug conviction: Between four to 40 years and a fine of up to $1,000,000
Aggravated controlled substance crime in the first degree:
A person is guilty of an aggravated controlled substance crime in the first degree if they:
- Sell or possess 100 or more grams or 500 dosage units of a controlled substance
- The individual or an accomplice possesses a firearm on their person or within immediate reach or brandishes, displays, threatens with, or otherwise uses a firearm
- The offense involves two aggravating factors
For more information about aggravated controlled substance crimes in the first degree, browse Minn. Stat. Section 152.021 subdivision 2b.
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Second-degree Controlled Substances Offenses Under Minnesota Law
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A person is guilty of a controlled substance crime in the second degree if they sell or possess the following:
Possession of:
- 25 grams or more containing cocaine or methamphetamine
- 10 grams or more containing cocaine or methamphetamine while possessing a firearm or the offense involves three aggravating factors
- Six grams or more (or 50 dosage units or more) of heroin or fentanyl
- 50 or more grams of a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine
- 50 or more grams (or 100 or more dosage units) of amphetamine, phencyclidine, or hallucinogen
- The unlawful possession of 25 kilograms of cannabis flower
- The unlawful possession of five kilograms or more of cannabis concentrate
- The unlawful possession of edible cannabis products (including hemp and hemp-derived products) infused with more than 500 grams of tetrahydrocannabinol (THC)
Sale of:
- 10 or more grams of a narcotic drug other than heroin or fentanyl
- Three or more grams of cocaine or methamphetamine while possessing a firearm or the offense involves three aggravating factors
- Three or more grams (or 12 or more dosage units) of heroin or fentanyl
- 10 or more grams (or 50 or more dosage units) of an amphetamine, phencyclidine, or hallucinogen
- Any amount of a Schedule I or II narcotic drug to someone under the age of 18, or if they conspire or employ a person under 18 years old to unlawfully sell the drug
- The unlawful sale of any amount of a Schedule I or II narcotic drug, LSD, amphetamine, or methamphetamine in a school zone, park zone, public housing zone, or a drug treatment facility
Penalty:
- First conviction: punishable by imprisonment up to 25 years and/or a fine up to $500,000
- Subsequent controlled substance crime conviction: Between three to 40 years in prison and a fine of up to $500,000
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Third-degree Controlled Substances Offenses Under Minnesota Law
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A person is guilty of a controlled substance crime in the third degree if they sell or possess the following:
Possession of:
- 10 grams or more of a narcotic drug other than heroin or fentanyl
- Three grams or more of heroin
- Five grams or more (or 25 dosage units or more) of fentanyl
- Unlawful possession of one or more mixtures containing a narcotic drug other than heroin or fentanyl that equals 50 or more dosage units
- Unlawful possession of any amount of a Schedule I or II narcotic drug (or five or more dosage units of LSD, amphetamine, or 3,4-methylenedioxymethamphetamine) in a school zone, a park zone, a public housing zone, or a drug treatment facility
- The unlawful possession of one or more mixtures of methamphetamine or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment facility
- Unlawful possession of 10 kilograms or more of cannabis flower
- Unlawful possession of two kilograms or more of cannabis concentrate
- The unlawful possession of edible cannabis products (including hemp and hemp-derived products) infused with more than 200 grams of tetrahydrocannabinol (THC)
Sale of:
- The unlawful sale of one or more mixtures containing a narcotic drug
- The unlawful sale of one or more mixtures (or 10 or more dosage units) of phencyclidine or a hallucinogen
- The unlawful sale of one or more mixtures of a Schedule I, II, or III controlled substance to a person under the age of 18 (except a Schedule I or II narcotic drug, cannabis flower, or cannabinoid product)
- Conspiring with or employing a person under the age of 18 to unlawfully sell one or more mixtures of a Schedule I, II, or III controlled substance (except a Schedule I or II narcotic drug, cannabis flower, or cannabinoid product)
Penalty:
- Punishable by imprisonment up to 20 years and a fine of up to $250,000
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Fourth-degree Controlled Substances Offenses Under Minnesota Law
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A person is guilty of a controlled substance crime in the fourth degree if they sell or possess the following:
Possession of:
- One or more mixtures (or 10 or more dosage units) containing phencyclidine or a hallucinogen
- One or more mixtures containing a controlled substance classified in Schedule I, II, or III (except marijuana or Tetrahydrocannabinol (THC)) with the intent to sell it
Sale of:
- One or more mixtures containing a controlled substance classified in Schedule I, II, or III (except marijuana or tetrahydrocannabinol (THC))
- One or more mixtures containing controlled substances classified in Schedule IV or V to a person under 18 years old
- Conspiring with or employing a person under the age of 18 to unlawfully sell a controlled substance classified in Schedule IV or V
Penalty:
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Fifth-degree Controlled Substances Offenses Under Minnesota Law
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A person is guilty of a controlled substance crime in the fifth degree if they sell or possess the following:
Possession and other crimes:
- One or more mixtures containing a Schedule I, II, III, or IV controlled substance (except cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products or a residual amount of one or more mixtures of controlled substances contained in drug paraphernalia) (Minn. Stat. Section 152.025, subd. 2, clause 1)
- The person procures, attempts to procure, possesses, or has control over a controlled substance by fraud, deceit, misrepresentation, subterfuge, using a false name or giving false credit, falsely assuming the title of, or falsely representing any person to be, a manufacturer, wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice medicine, dentist, podiatrist, veterinarian, or other authorized person to obtain a controlled substance
Sale of:
- One or more mixtures containing a controlled substance classified as Schedule IV
Penalty:
- Up to five years imprisonment and a fine of up to $10,000
- For a first-time conviction: gross misdemeanor if the amount of the controlled substance (other than heroin) was less than 0.25 grams (or one dosage unit or less) or, if the controlled substance was heroin, the amount possessed was less than 0.05 grams
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Trafficking of Controlled Substances Offenses Under Minnesota Law
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A person is guilty of importing controlled substances if they commit any of the following:
- Crossing a state or international border into Minnesota while possessing an amount of a controlled substance that constitutes a first-degree controlled substance crime
- Conspiring with or employing someone under 18 years old to cross a state or international border into Minnesota while that person possesses an amount of a controlled substance that constitutes any controlled substance crime under sections 152.021 to 152.0262 with the intent to obstruct the criminal justice process
Penalty:
- Up to 35 years imprisonment and a fine of up to $1,250,000
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Possession of Substances with the Intent to Manufacture Methamphetamine
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A person is guilty of a crime if they possess any chemical reagents or precursors with the intent to make methamphetamine, as listed in Minn. Stat. Section 152.0262.
Penalty:
- First conviction: Up to 10 years imprisonment and a fine of up to $20,000
- Subsequent controlled substance conviction: Up to 15 years imprisonment and a fine of up to $30,000
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Note: Minnesota laws are subject to change through new legislation, court rulings, ballot initiatives, and other means. Please consult an attorney or conduct your own legal research to verify current Minnesota law.
Minnesota Controlled Substances Laws: Related Resources
For more information about Minnesota law, consider browsing the following links:
Visit FindLaw's State Laws page for more information about other states' laws.
Facing Controlled Substance Charges in Minnesota? An Attorney Can Help
Minnesota's controlled substance laws are complex. If you face controlled substance charges, you should discuss your case with a Minnesota drug crime attorney. An experienced criminal defense attorney can provide valuable legal advice about defense strategies for any pending misdemeanor or felony charges. They can also provide information about the following:
Finding a skilled criminal defense attorney for legal help can make a huge difference. They'll work to get you the best outcome possible.
