Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Minnesota Heroin Laws

As with federal and all other state laws, heroin and other illicit opiates (including prescription opioids sold on the black market or obtained illegally) are heavily controlled substances. Heroin is a Schedule I drug under both federal and Minnesota state laws, which means it has no accepted medical use and a high probability for dependence. Essentially, charges for the possession, sale, or trafficking of heroin in Minnesota are identical to the state's drug laws related to cocaine.

Although possession of any amount of heroin is charged as felony, a prison sentence is not guaranteed for amounts under three grams. However, the state imposes a minimum mandatory sentence of at least four years for subsequent offenses. Selling heroin to a minor, even a very small amount, can result in up to 25 years in prison and a $500,000 fine.

Learn more about Minnesota's heroin laws in the following table. See FindLaw's Drug Charges section for more articles and resources.

Code Section 152.01, et seq.
Possession Up to 3 grams: 5th degree felony (0-5 yrs. and/or $10,000); 3-6 grams: 3rd degree felony (up to 20 yrs. and/or $250,000); 6-25 grams: 2nd degree felony (up to 25 yrs. and/or $500,000); Over 25 grams: 1st degree felony (up to 30 yrs. and/or $1,000,000); Subsequent offense: Depends on level of prior offenses; 4-40 yrs. and/or up to $1,000,000
Sale Any amount: up to 20 yrs. and/or $250,000; 3-10 g.: up to 25 yrs. and/or $500,000; Over 10 g.: up to 30 yrs. and $1,000,000; Subsequent offense: depends on level of prior offense; 4-40 yrs. and/or up to $1,000,000; Sale to minor, any amount: up to 25 yrs. and/or $500,000
Trafficking -

Note: State laws are constantly changing -- contact a Minnesota drug crimes attorney or conduct your own legal research to verify the state law(s) you are researching.

Alternative to Prison: Minnesota Drug Court

Since heroin is such an addictive substance, the state recognizes that prison is not always the best solution for rehabilitation. The state also has an interest in reducing the prison population, particularly when it comes to non-violent offenders. Therefore, non-violent drug offenders with a verifiable addiction may be eligible for drug court as an alternative to prison.

Drug courts are focused on treating addicts by providing ongoing drug treatment in addition to frequent drug tests, regular court "check-ins," and the use of various sanctions and incentives to rehabilitate drug addicts.

Research the Law

Minnesota Heroin Laws: Related Resources

Was this helpful?

Thank you. Your response has been sent.

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:

Next Steps: Search for a Local Attorney

Contact a qualified attorney.

Begin typing to search, use arrow keys to navigate, use enter to select

Can I Solve This on My Own or Do I Need an Attorney?

  • Complex drug crimes usually require a lawyer
  • Experienced drug crime lawyers can seek to reduce or eliminate criminal penalties
  • Drug crime laws involve many specifics that can quickly change a case

Get tailored legal advice and ask a lawyer questions. Many Minnesota attorneys offer free consultations for Drug Crime.

 

 If you need an attorney, find one right now.

Copied to clipboard

Find a Lawyer

More Options