What is Considered a Drug Paraphernalia Crime in Minnesota?

Drug paraphernalia crimes are common in Minnesota but can still lead to fines and criminal records. A practiced Minnesota attorney can help keep these penalties to a minimum.

What Is Drug Paraphernalia?

According to Minnesota Statute 152.01, drug paraphernalia references all equipment, products, and materials of any kind which are knowingly or intentionally used primarily in:

  1. Manufacturing a controlled substance
  2. Injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance
  3. Testing the strength, effectiveness, or purity of a controlled substance
  4. Enhancing the effect of a controlled substance.

Types of Paraphernalia


According to Minnesota Statute 152.092, it is illegal to knowingly possess drug paraphernalia and will result in a petty misdemeanor. However, in Minnesota, a petty misdemeanor is the lowest level of offense and is not technically considered a crime since no jail time can be given. If you are charged with a petty misdemeanor, you can only be fined up to $300 for a first offense.

However, possession of drug paraphernalia will result in a criminal charge following a third offense. After you have been arrested a third time, you could face imprisonment for up to 90 days, a fine up to $1,000, or both.

There are different levels of consequences depending on what exactly you’re doing with the paraphernalia:

Raw materials, money, and equipment can all be seized if they are intended or associated for use with controlled substances. Containers and transportation surrounding drug paraphernalia may be subject to this as well. The court will decide whether or not these things will be given back to the individual or not.

Warning: Although the first conviction for possession of drug paraphernalia is only a petty misdemeanor, even the first conviction can have serious immigration consequences. If you are not a citizen of the United States, make sure you consult your immigration lawyer if you are charged with drug paraphernalia, and let your criminal defense lawyer know that you are not a citizen.

Have questions on your own drug paraphernalia case? Contact Bruno Law today.