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:
Possession of:
Penalties:
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:
Penalty:
|
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:
Possession of:
Penalty:
|
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:
Possession of:
Penalty:
|
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:
Possession of:
Penalty:
|
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:
Possession of:
Penalty:
|
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:
Penalty:
|
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:
- Minnesota Law
- Minnesota Criminal Laws
- Minnesota Criminal Statute of Limitations Laws
- Minnesota Cocaine Laws
- Minnesota Controlled Substances Laws
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:
- Defense strategies for state or federal criminal charges
- Your constitutional rights as a criminal defendant
- Information about plea negotiations and plea bargaining
Facing criminal charges on your own isn't advisable. A Minnesota criminal defense attorney will fight for the best outcome possible.
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.
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