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Felony vs. misdemeanor drug charges

On Behalf of | May 29, 2025 | Drug Crimes

Drug charges fall into two main categories: felonies and misdemeanors. Understanding the difference helps you know what to expect if you’re charged.

Felony drug charges involve more serious offenses

Felonies usually apply when the drug amount is larger or when there’s evidence of dealing. For example, if you’re caught with a significant amount of meth, heroin, or cocaine, it’s likely a felony. Selling drugs or possessing drugs with the intent to sell also leads to felony charges.

Felony drug charges carry severe penalties. You could face years in prison and large fines. Minnesota classifies felony drug crimes into five degrees, with first-degree being the most serious.

Misdemeanor drug charges are less severe

A misdemeanor charge usually means the drug amount was small and meant for personal use. In Minnesota, this often applies to small amounts of marijuana. If the police find a tiny quantity and you don’t have prior offenses, you may get a misdemeanor.

Penalties for misdemeanors are less harsh. You might face up to 90 days in jail and a fine. Some misdemeanor charges qualify for diversion programs or treatment alternatives instead of jail time.

Your criminal history matters

Minnesota courts consider your past. If this is your first offense, even a borderline felony might result in probation. Repeat offenses make it harder to avoid prison, even for smaller amounts.

Judges also look at whether the offense involved weapons or occurred near schools or parks. These factors can raise the charge level and increase penalties.

Why charge level matters

The type of drug charge affects your future. A felony on your record can hurt job chances and limit your rights. Misdemeanors have less impact, but they still show up in background checks. Knowing what you’re facing can help you prepare for what comes next.

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