Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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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.
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.
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