If you’ve been charged with 5th degree drug possession in MN, you might be feeling overwhelmed and unsure of what it means. Minnesota has strict drug laws, and even a lower-level charge like this can have a big impact on your life. But the good news is—there may be options to protect your future if you act quickly.
In this blog, you’ll learn:
- What a 5th degree drug charge means
- What penalties you might face
- What steps to take right now to protect yourself
This guide will help you understand your situation and make smart decisions moving forward.
What Is A 5th Degree Drug Charge?
According to Minnesota Statutes § 152.025, a 5th degree drug charge usually means you’re being accused of having illegal drugs in your possession, or selling them. The charge can be either a gross misdemeanor or a felony, depending on how much of the drug you had and whether you’ve been in trouble before.
What Counts As Possession?
You can be charged with fifth degree drug possession if police say you had:
- Any amount of a drug like meth, cocaine, heroin, ecstasy, or prescription pills without a valid prescription
- A small amount of other illegal drugs, even if they were not yours or you didn’t plan to sell them
Even if it’s just a small amount, it’s still considered a controlled substance under Minnesota law, and you can face criminal charges.
What Counts As Selling?
You don’t have to be caught in the act of selling to get charged. The law says you can be guilty of drug sale if you:
- Gave drugs to someone else
- Agreed to sell drugs, even if no money was exchanged
- Were caught with packaging, scales, or large amounts that suggest you were planning to sell
What Are The Penalties?
The penalties depend on whether your case is charged as a gross misdemeanor or a felony.
If You’re Charged With A Felony
You could face:
- Up to five years in prison
- Fines up to $10,000
- Supervised probation with regular check-ins and drug testing
- A permanent record that could make it hard to get a job or housing
This type of fifth degree drug charge is the most serious version and carries long-lasting consequences.
If You’re Charged With A Gross Misdemeanor
This means the court sees your case as less serious, often because you’ve never been in trouble before and the amount of drugs was small. You could face:
- Up to 1 year in jail
- Fines up to $3,000
- Conditions like drug treatment or community service
It’s still a criminal charge and stays on your record unless it’s later cleared.
What You Should Do Right Away
Don’t Talk To Police Without A Lawyer
It’s common to want to explain what happened—but saying the wrong thing can make your case worse. You have the right to stay silent, and you should use it until you’ve talked to an attorney who can protect your rights.
Talk To A Criminal Defense Attorney As Soon As Possible
The sooner you speak with an experienced criminal defense attorney, the better. A good lawyer can look at the details of your case and help you understand your options. That could include getting the charge reduced, dismissed, or avoiding a conviction entirely through special programs.
Don’t Assume You’ll Automatically Be Found Guilty
Just because you’ve been charged doesn’t mean you’ll be convicted. The police officers and prosecutors have to prove everything in court. Your lawyer may be able to challenge the way evidence was collected or show that your rights were violated during the investigation.
Are There Alternatives To A Conviction?
Yes. Minnesota has programs that may help you avoid jail or even keep the charge off your record—especially if this is your first drug offense.
Diversion Programs
In some counties, first-time offenders can enter a diversion program. If you follow the rules, complete treatment, and stay out of trouble, the charge might be dropped.
Stay of Adjudication
This means you agree to go on probation, but the court doesn’t officially convict you. If you meet all the conditions, the case can be dismissed, and you avoid a permanent record.
Plea Deals
Your lawyer might be able to work out a deal with the prosecutor to reduce a felony to a gross misdemeanor, or help you avoid jail time altogether.
How A Conviction Can Affect Your Life
The consequences of a 5th degree drug charge go far beyond jail time.
Job and Education Issues
Many employers run background checks. A drug crime on your record might limit your ability to work in certain industries, like health care or education. It can also affect financial aid and college admissions.
Trouble Finding Housing
Landlords may reject rental applications if they see a drug conviction on your record, even if it was a first offense.
Immigration Consequences
If you’re not a U.S. citizen, any conviction involving a controlled substance crime could lead to serious immigration problems, including deportation or being denied reentry.
Repeat Offenses Can Lead To Harsher Penalties
A first offense might lead to probation or treatment. But if you’re arrested again, the courts will likely treat it more seriously and impose stricter penalties.
Common Questions About 5th Degree Drug Charges
Is A 5th Degree Drug Charge Always A Felony?
Not always. If you have no prior record and the amount of drugs was small, the prosecutor might charge it as a gross misdemeanor. But even that can still have long-term consequences.
Can I Get The Charge Off My Record?
Possibly. Some people qualify for expungement, which seals the record from public view. But you usually have to wait a few years after your case ends and show that you’ve stayed out of trouble.
Will I Go To Jail?
Not necessarily. Many first-time offenders avoid jail if they complete treatment, probation, or other court-ordered programs. The judge and prosecutor will look at your history and the facts of the case.
What Counts As A Controlled Substance?
Minnesota law divides illegal drugs into “schedules.” That includes street drugs like meth, heroin, and cocaine, as well as prescription medications if you don’t have a prescription. Even a small amount can lead to a charge.
Why Hiring A Lawyer Makes A Difference
A drug charge might seem simple, but the legal system is complex. Without help, it’s easy to miss opportunities that could keep your record clean or reduce the punishment. An experienced criminal defense attorney can explain your rights, challenge weak evidence, and help you make informed decisions.
Talk To The Law Offices Of Josh Johnson
If you’ve been charged with 5th degree drug possession in MN, don’t wait to get help. At The Law Offices of Josh Johnson, we represent clients throughout Minnesota facing drug charges. We know how the system works, and we’re committed to helping you move forward.
You don’t have to face this alone. Reach out to The Law Offices of Josh Johnson today for a free consultation. We’ll review your case, explain your options, and help you take the right next steps.
