How Much Jail Time for a Felony Drug Charge in Minnesota?
After being charged with a felony drug offense in Minnesota, the most urgent question is often: How much jail time am I facing?
A felony drug charge in Minnesota can result in 5 to 30 years in prison, depending on the degree of the offense and prior criminal history.
With decades of experience defending Minnesotans charged with drug crimes, we’ve seen how sentencing varies dramatically based on the type of drug, quantity, intent to sell, and the defendant’s record. Below, we break down the five felony degrees, the penalties for Schedule III drugs, and how Minnesota’s 245G statute could affect your outcome.
Felony Drug Degrees in Minnesota: How They’re Classified
Minnesota Statutes Chapter 152 divides controlled substance crimes into five felony degrees. The first degree carries the most severe penalties and usually involves large-scale trafficking or manufacturing, while fifth degree may involve only a small amount of personal possession.
Felony drug charges in Minnesota can result in prison sentences ranging from 1 to 30 years depending on the degree of the offense. First-degree drug felonies carry up to 30 years, while fifth-degree felonies may involve probation or up to 5 years in prison. Prior convictions increase sentence length.
Felony Drug Charge Penalties in Minnesota
| Felony Degree | Max Jail Time | Max Fine |
|---|---|---|
| 1st Degree | 30 years | $1,000,000 |
| 2nd Degree | 25 years | $500,000 |
| 3rd Degree | 20 years | $250,000 |
| 4th Degree | 15 years | $100,000 |
| 5th Degree | 5 years | $10,000 |
A Table listing Minnesota drug felony degrees with their associated maximum jail time and fines.
Minnesota’s Sentencing Guidelines Grid considers both the offense severity and your criminal history score to determine your presumptive sentence.
What Is an Aggravated Drug Offense in Minnesota?
What makes a drug charge “aggravated” under Minnesota law?
An aggravated drug offense in Minnesota involves large quantities of drugs, use of a firearm, proximity to children, or prior violent felonies—and carries mandatory minimum prison time.
Under Minn. Stat. § 152.021, an aggravated 1st-degree offense often requires 100+ grams of a narcotic or distribution in a school zone. These cases have fewer plea options and result in longer executed sentences—often with 86 months or more as a floor.
What Determines the Length of a Drug Sentence in Minnesota?
How is sentencing decided for felony drug charges in Minnesota?
Minnesota drug sentence length is based on the felony degree, the offender’s criminal history score, and whether aggravating or mitigating factors are present.
The state uses a sentencing guidelines grid to calculate presumptive jail or prison time. First-time offenders may receive a stayed sentence or probation, while repeat offenders face executed prison terms. Judges also consider plea agreements, rehabilitation progress, and eligibility for treatment courts or 245G diversion programs.
Jail Time by Felony Degree and Criminal History
| Felony Degree | Criminal History Score 0 | Score 3 | Score 6+ |
|---|---|---|---|
| 1st Degree | 86 mo (stayed) | 122 mo (executed) | 161 mo (executed) |
| 2nd Degree | 48 mo | 68 mo | 98 mo |
| 3rd Degree | 36 mo | 50 mo | 68 mo |
The above chart showing jail time by felony degree and criminal history score under Minnesota guidelines.
What Is a Felony for Possession of a Controlled Substance?
A felony for possession in Minnesota typically involves larger amounts of drugs, prior convictions, or possession of Schedule I, II, or III substances.
For example:
- Possession of 25 grams or more of cocaine or methamphetamine triggers a 1st-degree felony
- 10+ grams of heroin or 500+ dosage units of hallucinogens also meet 1st-degree thresholds
- Even smaller amounts can result in a 2nd–5th degree charge based on the presence of intent to distribute or prior convictions
You can review definitions in Minn. Stat. § 152.021 – 152.025.
What’s the Difference Between Possession and Intent to Sell?
How does Minnesota law distinguish between simple possession and sale of drugs?
Possession means having a controlled substance for personal use; intent to sell includes evidence of distribution, such as packaging, scales, large quantities, or communications about drug sales.
Felony possession charges may be downgraded or diverted, while sale charges are more serious and often result in executed sentences. Police reports, surveillance, or digital evidence are key factors prosecutors use to elevate a charge from possession to intent to distribute.
Penalty for Schedule III Drugs in Minnesota
Schedule III drug offenses are punishable by up to 5 years in prison and/or $10,000 in fines for first-time felony offenders.
Schedule III substances include:
- Ketamine
- Anabolic steroids
- Codeine (in combination with other medications)
Selling or possessing these drugs without a valid prescription—even in small quantities—can result in a felony under Minn. Stat. § 152.025.
What Is Minnesota Statute 245G?
Minnesota Statute 245G governs licensed substance use disorder (SUD) treatment providers—and participation in a 245G program may reduce sentencing exposure.
These certified programs offer:
- Rule 25 assessments
- Inpatient and outpatient treatment
- Court-recognized care plans
Judges may consider voluntary enrollment in a 245G-approved treatment facility as a mitigating factor, especially for non-violent drug offenders.
What Drugs Are Legal in Minnesota?
Only medications prescribed by licensed providers or substances legalized under state law are legal to possess.
- Medical cannabis is legal for qualifying conditions
- Recreational cannabis is partially decriminalized but not fully legal for adult use (as of 2025, subject to change)
- Schedule IV and V medications like Xanax or cough syrup require a valid prescription
- Possession of any Schedule I–III drug without a prescription is a felony offense
Check the Minnesota Board of Pharmacy for current legality updates.
What If I’m Facing a Felony Drug Charge?
Being charged with a drug felony doesn’t mean you’re guaranteed to serve prison time—but your future is at risk. You may be eligible for:
- Diversion programs
- Stays of adjudication
- Conditional release tied to treatment (245G)
- Downward departure at sentencing
But without strong legal representation, you may face years behind bars and permanent criminal records.
Can You Get Probation for a Felony Drug Charge in Minnesota?
Is probation an option instead of jail for felony drug possession or sale charges?
Yes, many felony drug charges in Minnesota are eligible for probation, especially for first-time offenders or those participating in treatment or diversion programs.
While some high-level or aggravated felonies require mandatory prison, others allow the judge to stay the sentence—meaning you avoid jail if you comply with probation terms. Completing 245G treatment, drug court, or meeting Rule 25 requirements can improve your chances.
You Deserve a Second Chance
If you’re facing a felony drug charge, jail is not your only option. But time is critical.
At Gerald Miller, P.A., we’ve helped thousands of Minnesotans reduce, dismiss, or avoid harsh felony sentences. We understand the sentencing grid, the nuances of Schedule drug laws, and the defense strategies that work in court.
Call 612-341-9080 now for a free, confidential consultation. We’ll help protect your rights, your future, and your freedom.
If you’re facing a felony drug charge in Minnesota, it’s essential to consult with an experienced criminal defense attorney. Understanding your rights, the legal process, and potential defenses can significantly impact the outcome of your case.
Further Reading and Resources:
- Minnesota Statutes Chapter 152 – Drugs; Controlled Substances
- Minnesota Statutes Chapter 245G – Substance Use Disorder Licensed Treatment Facilities
- Minnesota Sentencing Guidelines Commission
