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Minnesota Law and Penalties
Alcohol Violation Sanctions
It is illegal to drive, operate, or be in physical control of a motor vehicle while under the influence of alcohol and/or a controlled or hazardous substance, or with a “blood-alcohol concentration” of 0.08 or more. Motor vehicles include cars, boats, snowmobiles, ATVs, planes, etc. “Operate” or “in physical control” includes starting the motor, steering, or being in position to control a vehicle, including simply sitting or sleeping in a parked vehicle.

Penalty:

  • First offense (including juvenile convictions): misdemeanor-fine up to $700, jail up to 90 days, driver’s license revocation of at least 30 days.
  • Second offense within 5 years or 2 or more convictions within 10 years: gross misdemeanor-fine up to $3,000, jail up to one year, driver’s license revocation of at least 30-90 days and possible chemical dependency treatment.
  • Third or more offenses: longer periods of revocation.

Minors in possession or consumption: Persons under 21 years of age consuming or possessing alcoholic beverages with intent to consume, unless the person is in a parent or guardian’s home and drinks with their permission. Possession anywhere other than a parent or guardian’s home is prima facie evidence of intent to consume. Penalty: Misdemeanor.

Selling, bartering, furnishing, or giving alcoholic beverages to a person, under 21 years old (except parents in their home). Penalty: Gross misdemeanor. Possible civil liability for damages caused by the person under 21 while under the influence.

Anyone under 21 years of age who purchases or attempts to purchase an alcoholic beverage, or claiming to be 21 or older for the purpose of purchasing alcoholic beverages. Penalty: Misdemeanor. Driver’s license suspension of 90 days if a driver’s license, permit, or MN identification is used in making or attempting the purchase.

Including a person under 21 years to purchase or procure, alcoholic beverages or lending to or permitting use of identification by a person under the age of 21 for the purpose of purchasing or attempting to purchase alcoholic beverages. Penalty: Gross misdemeanor. Driver’s license suspension of 90 days if a driver’s license is lent.


NOTE: Penalties can change with each legislative session. Municipalities and counties may also have ordinances that regulate gatherings and have specific penalties for violation.


Drug Sanctions Schedule Drugs (I-V)
  1. Heroin, LSD, mescaline and peyote, amphetamine variants, marijuana, other hallucinogens.
  2. Opium, morphine, codeine, methadone, cocaine, barbiturates.
  3. Anabolic steroids, opium, codeine, methadone, cocaine, barbiturates.
  4. Barbiturates, benzodiazepines, chloral hydrates, other narcotics, stimulants and depressants.
  5. Opium, codeine, other narcotics and depressants.

First Degree

  • Sale: 10+ grams of cocaine, 50+ grams of other narcotic drug, 200+ doses hallucinogen, 50 kilos marijuana, or 25+ kilos marijuana in a school zone, park zone, or public housing zone.
  • Possession: 25+ grams cocaine, 500+ grams of other narcotic drug, 500+ doses hallucinogen, 100+ kilos marijuana.
  • Penalty: 0 to 40 years, 4 year mandatory minimum if prior drug felony; up to $1 million fine, 0 to 40 years, 2nd offense.

Second Degree

  • Sale: 3+ grams of cocaine, 10+ grams of other narcotic drug, 50+ doses hallucinogen, 25 kilos marijuana, or sale of a Seclude I or II narcotic drug of 5+ doses hallucinogen or methamphetamine either to a person under 18 or in a school zone, park zone, or public housing zone.
  • Possession: 6+ grams cocaine, 50+ grams of other narcotic drug, 100+ doses hallucinogen, 50+ kilos marijuana.
  • Penalty: 0 to 40 years, 3 year mandatory minimum if prior drug felony; up to $500,000 fine.

Third Degree

  • Sale: Narcotic drug: 10+ doses hallucinogen, 5+ kilos marijuana, or sale of a Schedule I, II, or III (except a Schedule I or II narcotic drug or marijuana) to a person under 18 or employment of person under 18 to sell the same.
  • Possession: 3+ grams cocaine, 10+ grams of other narcotic drug, 10+ kilos marijuana, and any amount of a Schedule I or II narcotic drug or LSD or methamphetamine or 5+ kilos marijuana in a school zone, park zone, or public housing zone.
  • Penalty: 0 to 30 years, 2 year mandatory minimum if prior drug felony; up to $250,000 fine, 0 to 30 years, 2nd or subsequent offense.

Fourth Degree

  • Sale: Any Schedule I, II, or III drug (except marijuana), or sale of marijuana in a school zone, park zone, or public housing zone or any Schedule IV or V drug to a person under 18 or conspiracy for the same.
  • Possession: 10 doses hallucinogen, any amount of a Schedule I, II, or III drug (except marijuana) with intent to sell it.
  • Penalty: 0 to 30 years, 1 year mandatory minimum if prior drug felony; up to $100,000 fine.

Fifth Degree

  • Sale: Marijuana, or any Schedule IV drug.
  • Possession: All Schedule I, II, III, or IV drugs except 42.5 grams or less of marijuana. Any prescription drugs obtained through false pretenses or forgery.
  • Penalty: 0 to 5 years, 6 months mandatory minimum if prior drug felony; up to $10,000 fine.
Small Amounts of Marijuana
  • For the possession of up to 1.4 grams of marijuana the person is guilty of a petty misdemeanor including a fine of $200 and required attendance at an approved drug education program.
  • Second conviction of possession of a small amount of marijuana results in a misdemeanor and possible drug treatment. Possession of 1.4 grams or less of marijuana in an automobile is a misdemeanor.