What Is the Typical 1st Degree Drug Possession MN Sentence?

If you’ve been charged and are wondering about a typical 1st degree drug possession MN sentence, it’s important to understand that this is one of the most serious drug charges under Minnesota law. First-degree possession charges carry steep penalties, including the possibility of lengthy prison time—even for first-time offenders. But with the right legal strategy and experienced defense, it may be possible to reduce charges or avoid a prison sentence altogether.

• Severe penalties apply: First-degree possession is a felony with mandatory minimums in some cases.
• Case specifics matter: The exact sentence can vary based on drug type, quantity, prior record, and more.
• Legal defense is key: An experienced attorney can help challenge evidence, seek alternatives, and fight for reduced outcomes.

What Is 1st Degree Drug Possession in Minnesota?

Under Minnesota Statute § 152.021, 1st degree possession charges are filed when a person is caught with large quantities of illegal drugs. This statute focuses on the amount and type of controlled substance involved—not just the circumstances of the arrest.

Controlled Substance Thresholds

To be charged with first-degree possession, you must allegedly possess:

• 50+ grams of cocaine or methamphetamine, or 25+ grams with a firearm or aggravating factor
• 25+ grams of heroin
• 500+ grams or 500+ dosage units of hallucinogens, such as LSD
• 50+ kilograms of marijuana, or 500+ marijuana plants (distinct from lawful participation in the medical marijuana program)
• Other thresholds based on the drug schedule (Schedule I or II)

Possession doesn’t always mean the drugs were on your person—it can include drugs in a vehicle, home, or other space under your control.

Typical Sentencing for 1st Degree Drug Possession

The sentencing guidelines for this charge depend on several factors, including your criminal history and whether the state can prove any aggravating or mitigating circumstances. The charge is always a felony, but the outcomes can range from probation to years in prison.

3 Felony Sentencing Ranges

1. Maximum sentence: Up to 30 years in prison and/or $1 million in fines
2. Presumptive sentence (first offense): Often 86 months (7+ years) in prison under the sentencing grid
3. Mandatory minimum: If you have a prior drug conviction, the court must impose a mandatory minimum sentence of 4 years, limiting the judge’s discretion.

In many cases, however, judges have discretion and may issue a stayed sentence—which allows the defendant to avoid prison if they meet probation conditions.

What Affects the Sentence Length?

Not every case results in the maximum sentence. Minnesota’s drug sentencing outcomes are shaped by the Sentencing Guidelines Commission Grid, which considers both the offense level and the individual’s criminal history score. Several factors can increase or reduce the length of the sentence:

Aggravating Factors

• Use or possession of a firearm
• Sale to a minor or in a school zone
• Leadership role in drug trafficking
• Multiple aggravating circumstances

Aggravating factors such as a leadership role in trafficking or evidence suggesting possession with intent to distribute can significantly increase the presumptive sentence length.

Mitigating Factors

• Participation in treatment or drug court
• Lack of prior felony convictions
• Evidence of chemical dependency and willingness to seek help
• Cooperation with law enforcement (in limited circumstances)

Is Prison Always Mandatory for 1st Degree Possession?

No—while prison is possible (and sometimes presumed), it is not always mandatory for first-time offenders. A skilled defense attorney may help you avoid incarceration through several legal avenues:

• Stay of adjudication: The charge may be dismissed after successful completion of probation.
• Stay of imposition: The felony conviction is reduced to a misdemeanor upon successful probation.
• Stay of execution: The conviction remains, but prison time is suspended in favor of probation.
• Diversion programs: In rare cases, alternative programs may be available for low-risk, first-time offenders.

Eligibility for these options depends on the judge, prosecutor, and the specifics of your case.

Drug Court as an Alternative to Prison

Minnesota counties offer Drug Court programs that focus on rehabilitation rather than incarceration. These intensive court-supervised programs often include treatment, regular check-ins, drug testing, and structured progress milestones.

Benefits of Drug Court

• Avoid prison time
• Receive treatment and support
• May lead to charge reduction or dismissal
• Demonstrates accountability to the court

Drug court is typically reserved for non-violent offenders who are committed to recovery and willing to follow strict program rules.

Why Legal Representation Makes a Difference

The consequences of a 1st degree drug possession conviction can follow you for life—impacting your job, housing, immigration status, and personal relationships. But the outcome is not set in stone. An experienced criminal defense attorney can:

• Challenge the search or seizure: Was there a valid warrant or legal justification?
• Dispute constructive possession: Can the state prove the drugs were truly yours?
• Negotiate a better outcome: In some cases, a reduced charge (such as 2nd or 3rd degree) may be possible.
• Guide you through alternatives: Probation, treatment programs, or diversion may be available.

These strategies are often the difference between prison time and a second chance.

Talk to a Lawyer Before You Speak to Anyone Else

After a drug arrest, you may feel pressure to cooperate or explain yourself. But talking to police or prosecutors without legal counsel can seriously harm your case. The best thing you can do is speak with a defense lawyer immediately.

Josh Johnson has years of experience defending drug charges across Minnesota and understands how to challenge weak evidence, protect your rights, and pursue the best outcome available.

Get Trusted Legal Help for Serious Drug Charges

If you’re facing a first degree drug possession MN sentence, the stakes couldn’t be higher. Prison time, a felony record, and lifelong consequences are all on the table—but they don’t have to be your future.

At The Law Offices of Josh Johnson, we build strong, personalized defenses for clients facing serious drug charges. Whether you’ve been arrested or are under investigation, contact our firm today for a free consultation. We’ll help you understand your options and fight to protect your freedom.