Minnesota Heroin, Opiates, and Opioids Laws

By Samuel Strom, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 30, 2024

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Heroin, fentanyl, and other illicit opiates and opioids are controlled substances. Heroin is a Schedule I drug under both federal and Minnesota state laws, meaning it has no accepted medical use and a high probability of dependence. Fentanyl is a Schedule II drug under federal law and Minnesota statute.

Although the terms opioids and opiates are often treated as interchangeable, they refer to different derivates of opioids. According to the American Psychiatric Association (APA), opiate refers to natural compounds derived from the poppy plant, such as heroin or morphine, while opioids may be natural or derived in a lab.

In the state of Minnesota, possession of any amount of heroin is often charged as a felony. A conviction does not guarantee a prison sentence if the amount possessed is under a certain threshold.

The table below contains information about the state of Minnesota's laws and drug offenses regarding opioids. The focus is on heroin and fentanyl. Below the table is general information about opioids, including what the National Institute on Drug Abuse has described as the drug overdose crisis in the United States. See FindLaw's Drug Charges section for more articles and resources.

Minnesota Heroin, Opiates, and Opioids Code Sections

Minnesota Statutes

First-degree Heroin, Opioids, and Opiates Offenses and Penalties Under Minnesota Law

A person commits a controlled substance crime in the first degree when they engage in the following:

Sale of:

  • 10 or more grams (or 40 dosage units or more) containing heroin or fentanyl
  • A mixture of 50 grams or more of a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine

Possession of:

  • One or more mixtures of 25 or more grams (or 100 dosage units or more) containing heroin or fentanyl
  • 500 grams or more of a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine

Penalties:

  • First conviction: Up to 30 years imprisonment and a fine of up to $1,000,000
  • Subsequent drug conviction: Between four to 40 years of imprisonment 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 violate the "Sale of" and/or "Possession of" laws (Minn. Stat. Section 152.021) and they did the following:

  • They or their accomplice(s) sold or possessed 100 or more grams (or 500 or more dosage units) of a mixture containing heroin, fentanyl, or other narcotic
  • They or their accomplice possessed, used, or otherwise employed a firearm
  • The offense involved two aggravating factors

Penalty:

  • Between 65 months or the presumptive fixed sentence under the Minnesota Sentencing Guidelines (whichever is greater) to 40 years imprisonment and a fine of no more than $1,000,000
  • If the person convicted has never been convicted of a first-, second-, or third-degree controlled substance crime or a similar offense under federal law or another state's laws, the prosecutor may file a motion to have the person sentenced without regard to the mandatory minimum sentence

Second-degree Heroin, Opioids, and Opiates Offenses and Penalties Under Minnesota Law

A person is guilty of a controlled substance crime in the second degree if they engage in the following:

Sale of:

  • One or more mixtures weighing three grams or more (or 12 dosage units or more) containing heroin or fentanyl
  • Any amount of a Schedule I or II narcotic drug to a person under the age of 18 or conspiring with or employing a person under the age of 18 to sell the substance

Possession of:

  • One or more mixtures weighing six grams or more (or 50 dosage units or more) containing heroin or fentanyl
  • One or more mixtures weighing fifty grams or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine

Penalty:

  • First conviction: Up to 25 years imprisonment and a fine of up to $500,000
  • Subsequent controlled substance conviction: Between three to 40 years imprisonment and a fine of up to $500,000

Third-degree Heroin, Opioids, and Opiates Offenses and Penalties Under Minnesota Law

A person is guilty of a controlled substance crime in the third degree if they engage in the following:

Sale of:

  • One or more mixtures containing a narcotic drug
  • One or more mixtures containing 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 18 years old to unlawfully sell one or more mixtures containing a controlled substance listed in Schedule I, II, or III (except a Schedule I or II narcotic drug, cannabis flower, or cannabinoid products)

Possession of:

  • One or more mixtures of a total weight of three grams or more containing heroin
  • One or more mixtures of a total weight of five grams or more (or 25 dosage units or more) containing fentanyl
  • One or more mixtures containing a narcotic drug other than heroin or fentanyl that equates to 50 or more dosage units
  • Any amount of a Schedule I or II narcotic drug in a school zone, a park zone, a public housing zone, or a drug treatment facility

Penalty:

  • Up to 20 years imprisonment and a fine of up to $250,000

Fourth-degree Heroin, Opioids, and Opiates Offenses and Penalties Under Minnesota Law

A person is guilty of a controlled substance crime in the fourth degree if they engage in the following:

Sale of:

  • One or more mixtures containing a Schedule I, II, or III controlled substance (except marijuana or tetrahydrocannabinols (THC))

Possession of:

  • One or more mixtures containing a Schedule I, II, or III controlled substance with the intent to sell it (except marijuana or THC)

Penalty:

  • Up to 15 years of imprisonment and a fine of up to $100,000

Fifth-degree Heroin, Opioids, and Opiates Offenses and Penalties Under Minnesota Law

A person is guilty of a controlled substance crime in the fifth degree if they engage in the following:

Sale of:

  • One or more mixtures containing a Schedule IV controlled substance

Possession of:

  • One or more mixtures containing a Schedule I, II, III, or IV drug (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)
  • Procuring, attempting to procure, possession, or exercising control over a controlled substance through fraud, deceit, misrepresentation, subterfuge, using a false name, 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

Penalty:

  • Up to five years imprisonment and a fine of up to $10,000
  • If there is no criminal history involving a controlled substance crime and the controlled substance possessed was less than 0.25 grams (or one dosage unit or less) of a controlled substance other than heroin, or the controlled substance was less than 0.05 grams of heroin, the person is guilty of a gross misdemeanor

Heroin, Opioids, and Opiates Trafficking Penalties Under Minnesota Law

A person is guilty of importing a controlled substance over the border if they engage in the following:

  • If they cross a state or international border into Minnesota while possessing a controlled substance in an amount 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 and that person possesses an amount of a controlled substance that constitutes a first-degree controlled substance crime and with the intent to obstruct the criminal justice process

Penalty:

  • Up to 35 years imprisonment and a fine of up to $1,250,000

Disclaimer: Minnesota laws often change. Contact a Minnesota drug crimes attorney or conduct your own legal research to verify the current Minnesota laws.

Understanding Opioids

Opioids are a classification of drugs, like hallucinogens, depressants, and stimulants. If a doctor prescribes you an opioid, they may refer to it as a pain reliever. Examples of opioids include the following:

  • Heroin
  • Fentanyl
  • Oxycodone
  • Hydrocodone
  • Codeine
  • Morphine
  • Methadone

The APA notes that fentanyl is a synthetic opioid, meaning it does not naturally occur. Heroin is a semi-synthetic opioid. Both fentanyl and heroin are synthesized in a lab to mimic the effects of natural opiates such as morphine. Drugs created in a lab are often stronger than natural opiates.

Doctors prescribe opioids to treat pain, both chronic and acute. A physician may prescribe oxycodone or morphine to a patient after surgery or to ease the pain from an injury. The APA notes that opioids reduce the perception of pain. They also cause euphoria and, at high enough doses, can slow one's breathing enough to be fatal.

According to the National Institute on Drug Abuse (NIDA), over 107,000 people in the United States died from drug-involved overdoses from April 2021 to April 2022. Of those deaths, over 81,000 involved opioids (approximately 75% of all deaths).

The deaths were caused by both prescription opioids like oxycodone and synthetic opioids like fentanyl. NIDA has referred to this as a drug overdose crisis in the United States.

Alternative to Prison: Minnesota Drug Court

Because heroin is so addictive, the Minnesota legislature recognized that prison is not always the best solution for rehabilitation. The state has an interest in reducing the prison population when it comes to non-violent offenders. Addicts who were non-violent drug offenders might end up in drug court as an alternative to prison.

Drug courts help treat addiction by providing ongoing drug treatment. They also provide for frequent drug tests, regular court check-ins, and the use of various sanctions and incentives to rehabilitate people addicted to drugs.

Research the Law

For more information about Minnesota's laws, browse the following links:

In addition, visit FindLaw's Official State Codes page for more information about other state's drug laws.

Questions About Cocaine Drug Possession or Sales Crimes? Speak With an Attorney

If law enforcement has charged you with a controlled substance sale or possession crime, contact a Minnesota drug crime attorney. An experienced attorney can provide critical legal advice about your specific charges, including:

Facing criminal charges on your own isn't advisable. A Minnesota criminal defense attorney will fight for the best outcome possible.

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

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