Drug crimes, whether for the possession or for the manufacture of drugs, are charged out in degrees, ranging from first degree down to fifth degree. Certain offenses are labeled as petty misdemeanors. Minnesota statutes contain specific language directing prosecuting attorneys how to charge an offense. For instance, the type of drug and amount of drug will dictate what someone is charged with. Minnesota law also allows a prosecutor to charge someone with intent to manufacture a drug should an individual be found to possess certain materials.

Charges for possession or manufacture of drugs have increased drastically throughout the past few years due, in part, to the efforts of police departments and drug task forces to diminish the problem. Some courts have responded to the increasing numbers of these types of charges by implementing special diversion programs. If one qualifies for a diversion program he or she is required to abide by rules of the program, which can entail treatment, therapy and random testing, and at the end of the program the individual will not have a conviction on his or her record.