Drug and controlled substance crimes are laid out in Chapter 152 of Minnesota’s statutes.

If you are facing drug charges, you should seek legal advice. A good defense attorney will review a variety of defenses.

From lowest to highest, the different degrees of drug crimes are: fifth, fourth, third, second, and first. All may carry the potential for serious criminal consequences. Drug convictions may also have employment, immigration, housing, and family/custody consequences.

The degree of the crime depends on the type of drug or substance at issue, the amount, and whether the allegations involve mere possession or sale.

Minnesota groups controlled substances into five different “schedules” based on their perceived medicinal and addictive qualities. Common examples from each schedule are:

Schedule I — Mushrooms; Acid/LSD; GHB/date-rape drug; Heroin/Tar/China; Molly/MDMA

Schedule II — Lean/Percs/Oxy; Coke; Meth; PCP; Adderall

Schedule III — Ketamine; steroids; HGH; barbiturates

Schedule IV — Xanax; Somas; Ativan; Ambien; Tramadol

Schedule V — meth precursor compounds; some therapeutic drugs

Fifth Degree Drug Charges:

Fifth-degree sales involve selling schedule 4 substances. The maximum penalty is 5 years in prison.

Fifth-degree possession involves the unlawful possession of a small amount of a schedule 1, 2, 3, or 4 substance (excluding cannabis) or its residue. Punishment can be up to 5 years in prison.

However, for first-time offenders who possess only “one dosage unit”, less that 0.25 grams of a non-heroin substance or less than 0.05 grams heroin, may only be charged with a gross misdemeanor. The punishment is up to 364 days in jail.

Fourth Degree Drug Charges:

Fourth-degree sale crimes involve selling a schedule 1, 2, or 3 controlled substance or selling a schedule 4 or 5 substance to a minor.

Fourth-degree possession crimes include possessing ten or more dosage units of PCP or hallucinogens. They also include possession of schedule 1, 2, or 3 controlled substances with the intent to sell

Maximum penalties for all fourth-degree drug charges are up to 15 years in prison.

Third Degree Drug Charges:

Third-degree sales involve “narcotic drugs”. These are a special class of drugs that include substances from schedule 1, 2, and 3 (because the definitions and system were not complicated enough). They include opium, heroin, cocaine, crack, opiates, meth, the salts of any of these, and other chemically identical substances.

Sales also could involve selling 10 or more dosage unites of PCP or hallucinogens over the course of 90 days or selling schedule 1, 2, or 3 drugs to a minor.

Third-degree possession covers a variety of situations:

• Non-heroin, non-fentanyl narcotic: having 10 or more grams at once or 50 or more dosage units over 90 days.
• Heroin: a mixture weighing 3 or more grams containing any heroin at once or over 90 days.
• Fentanyl: a mixture weighing 5 or more grams of 25 or more dosage units, at once or over 90 days.
• In a school, park, public housing, or drug treatment zone: having a schedule 1 or 2 narcotic drug; 5 or more doses of LSD; or any mixture containing meth.  
• Marijuana: having 10 or more kilograms of flower or 2 or more kilograms of concentrate at once or over 90 days. Or edibles with 200+ grams infused.

Maximum penalties for third-degree drug crimes are up to 20 years in prison.

Second Degree Drug Charges:

Both second-degree sales and possessions may come with up to 25 years in prison. However, if it is a second controlled substance offense, then the maximum sentence increases to 40 years.

Second-degree drug sales cover a wide variety of situations.

• Non-Heroin, Non-Fentanyl Narcotics: selling 10 or more grams at once or over 90 days.
• Cocaine and Meth: selling 3 or more grams at once or over 90 days when a firearm is within immediate reach or is used or when three or more aggravating factors are present, such as a prior violent crime conviction, activity across state lines or three or more counties, or other situations.
• Heroin and Fentanyl: selling 3 or more grams or 12 dosage units.
• PCP, Hallucinogens, and Amphetamine: selling 10 or more grams or 50 or more dosage units.
• Sales to Minors: of any amount of schedule 1 or 2 narcotics.
• School zones, parks, public housing, drug treatments: sale of any amount of schedule 1 or 2 narcotics, LSD, MDA or MDMA, meth or amphetamines.

Second-degree possessions could involve any of the following:

• Cocaine and Meth: 25+ grams at once.
  • Or 10 or more grams with a gun present or 3 other aggravating factors.
• Heroin and Fentanyl: six or more grams at once or 50 dosage units.
• Other Narcotic Drugs: 50 or more grams at once.
• PCP, Hallucinogens, and Amphetamines: 50+ grams or 100 doses.
• Marijuana: 25+ kilograms of follower or 5+ kilograms of concentrate or edibles with 500+ grams infused.

First Degree Drug Charges:

Penalties for first-degree offenses are up to 30 years in prison for a first offense or 40 years for a second controlled substance offense.

First-degree sales include the following situations:

• Cocaine and Meth: selling 17+ grams at once or over 90 days.
  • Or 10+ grams with a gun present or 2 other aggravating factors.
• Heroin and Fentanyl: selling 10+ grams or 40+ doses at once or over 90 days.
• Other Narcotic Drugs: selling 50+ grams.
• PCP, amphetamine, hallucinogens: selling 50+ grams or 200 doses at once or over 90 days.

First-degree possession charges could be the following:

• Cocaine and Meth: 50+ grams at once.
  • Or 25+ with the presence of a gun or two aggravating factors.
• Heroin and Fentanyl: 25+ grams or 100+ doses at once.
• Other Narcotic Drugs: 500+ grams at once.
• PCP, Amphetamine, Hallucinogens: 500+ grams or 500+ doses at once.
• Marijuana: 50+ Kg of flower; 10+ Kg of concentrate; or edibles with 1+ Kg of infused.

First degree drug charges also include the manufacture or any amount of methamphetamine.

—

If you or someone you know is facing drug charges in Minnesota, don’t wait to get the legal help you need. Contact McKinney Defense today by calling (612) 300-1208 or filling out our online form to schedule a FREE consultation. Let me fight for your rights and help you take the first step toward fair representation.

Copyright © 2025 McKinney Defense PLLC. All rights reserved.

This blog post (“post”) is provided for general informational purposes only and may not reflect the current law in Minnesota or your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.