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Five Degrees of Controlled Substance Crimes in Minnesota

Minnesota has five degrees of drug crimes based on Minnesota Statutes 152. The degree of the offense is determined by drug type and drug quantity. Each charge is a felony. Each drug type is assigned a schedule number from one to five. What charges an individual may face and their possible sentence can vary based on a number of factors. A first-degree drug offense carries a higher minimum and maximum sentence than a fifth-degree substance crime.

First-degree drug crimes

Individuals may face first-degree substance charges in Minnesota if they are arrested for selling ten grams or more of cocaine, heroin, or meth within a 90-day timeframe. Selling fifty grams or more of a narcotic that is not cocaine, heroin, or meth can also result in a first-degree drug charge. Possessing 25 grams or more of cocaine, heroin, or meth can result in a first-degree drug charge. A person possessing at least 500 grams of a narcotic other than the previously mentioned three can face the same degree of charge. Those found guilty can face up to 40 years in prison (if they have a prior conviction) and/or fines up to $1,000,000.

Second-degree drug crimes

Prison sentences for people convicted of second-degree drug crimes can also be up to 40 years if they have a prior second-degree drug conviction. A drug attorney can advise individuals on their rights and possible legal options. Anyone arrested selling three grams or more of heroin, cocaine, or meth may face a second-degree drug charge in Minnesota.

Third-degree drug crimes

Individuals arrested for selling 5 kilograms of a narcotic or 5 kilograms of marijuana within 90 days can be charged with a controlled substance crime in the third degree. Individuals who have a prior third-degree drug crime conviction may face up to 30 years in prison and fines as high as $250,000.

Fourth-degree drug crimes

Those with a prior fourth-degree drug crime conviction face the possibility of 30 years in prison. Fourth degree controlled substance crimes include possession of a Schedule I, II, or III drug with the intent to sell. Fourth-degree drug crimes also cover the selling of any Scheduled drugs to a minor.

Fifth-degree drug crimes

Individuals arrested for selling more than small amounts of marijuana or Schedule IV drugs may be charged with a fifth-degree controlled substance crime. Possession of Schedule I, II, III, or IV drugs can result in up to 5 years in prison.

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Attorney Max Keller
Max Keller

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Experience: Practicing since 1997
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Person using smartphone with blurred police lights background. charged with a drug crime based on text messages

Can You Be Charged With a Drug Crime Based on Text Messages Alone?

You can be charged with a drug crime based on text messages alone in Minnesota, especially when the messages show intent to purchase, sell, distribute, or traffic drugs. Prosecutors often use text messages to demonstrate intent to commit a drug crime, show a history of drug activity, link you to a specific phone, and corroborate physical evidence. Text messages often strengthen the probable cause required for the police to arrest and charge you. They are, however, not sufficient for a conviction without compelling supporting physical evidence.
Handcuffed man in beanie looking distressed during interrogation. police lie to you during an interrogation

Can the Police Lie to You During an Interrogation in Minnesota?

Criminal defendants who interact with police officers for the first time are often left wondering, “Can the police lie to you during an interrogation?” Police officers can lie to you during an interrogation. In fact, deception is a lawful and fully permitted police technique provided the officers do not use it to force a confession. Police often claim possession of non-existent evidence or witnesses to trick you into disclosing information that can aid their investigation.