Possessing A Controlled Substance
Minn. Stat. 152.025 — fifth degree possession, and a gross misdemeanor for the smallest first offense
In Minnesota, unlawfully possessing one or more mixtures containing a controlled substance in Schedule I, II, III or IV is controlled substance crime in the fifth degree. Cannabis flower, cannabis products, lower potency hemp edibles and hemp derived consumer products are outside it, and so is a residual amount in drug paraphernalia.
| Fifth degree possession | The penalty |
|---|---|
| Fifth degree possessionA first offense of less than 0.25 grams, or one dosage unit or less, of a substance other than heroin | The penaltyA gross misdemeanor |
| Fifth degree possessionA first offense of less than 0.05 grams of heroin | The penaltyA gross misdemeanor |
| Fifth degree possessionOtherwise | The penaltyNot more than five years, a fine of not more than $10,000, or both |
Getting or holding a controlled substance by fraud, deceit or misrepresentation, by a false name or false credit, or by falsely posing as a pharmacist, physician or other authorized person, is the same crime.
A referral, on request. A peace officer who encounters a person suspected of the crime may refer them to a local service provider offering substance use assistance, and on request at the first contact, where practicable and available, provides that referral.
Cannabis possession is governed by its own chapter, recently amended, and its current text is not on this page. The higher degrees of controlled substance crime are not set out here either. Whether a particular case fits the section is a question for a court and for a licensed Minnesota attorney.
Sources for this section (1)
- Minn. Stat. 152.025 — Controlled substance crime in the fifth degree
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.