Controlled-substance felonies in Minnesota are sentenced on their own grid - the Drug Offender Grid - not the Standard Grid. Its severity levels run from D9 (most serious) down to D1, and like the Standard Grid, the presumptive sentence is set where the severity level meets the criminal history score. Below is the current Drug Offender Grid effective August 1, 2025.
| Severity level example offense | criminal history score → | 0 | 1 | 2 | 3 | 4 | 5 | 6 or more |
|---|---|---|---|---|---|---|---|
| D9 Aggravated Controlled Substance Crime, 1st Deg. | 8674-103 | 9884-117 | 11094-132 | 122104-146 | 134114-160 | 146125-175 | 158135-189 |
| D8 Controlled Substance Crime, 1st Degree | 6556-78 | 7564-90 | 8573-102 | 9581-114 | 10590-126 | 11598-138 | 125107-150 |
| D7 Controlled Substance Crime, 2nd Degree | 48 | 58 | 6858-81 | 7867-93 | 8875-105 | 9884-117 | 10892-129 |
| D6 Controlled Substance Crime, 3rd Degree | 21 | 27 | 33 | 3934-46 | 4539-54 | 5144-61 | 5749-68 |
| D5 Possess Substances w/ Intent to Mfr. Meth | 18 | 23 | 28 | 3329-39 | 3833-45 | 4337-51 | 4841-57 |
| D4 Controlled Substance Crime, 4th Degree | 12 | 15 | 18 | 21 | 2421-28 | 2723-32 | 3026-36 |
| D3 Meth Crimes Involving Children/Vuln. Adults | 12 | 13 | 15 | 17 | 1917-22 | 2118-25 | 2320-27 |
| D2 Controlled Substance Crime, 5th Degree | 12 | 12 | 13 | 15 | 17 | 19 | 2118-25 |
| D1 Sale of Simulated Controlled Substance | 12 | 12 | 12 | 13 | 15 | 17 | 1917-22 |
Lower range may not apply to certain first-degree offenses. See Minn. Stat. § 152.021, subds. 3(c) & 3(d).
Source: Minnesota Sentencing Guidelines Commission, § 4.C.
For the combined overview, see how the Minnesota Sentencing Guidelines work.
Why drug offenses use a separate grid
Minnesota ranks controlled-substance felonies on a dedicated grid with severity levels labeled D9 through D1. The structure mirrors the Standard Grid - severity level against criminal history score - but the durations and the offenses are specific to drug crimes.
Where an offense lands depends on the degree of the controlled-substance crime, which itself turns heavily on drug type and amount.
First-degree drug offenses
For certain first-degree controlled-substance offenses, the lower end of the range shown on the grid may not be available, because of statutory provisions in Minn. Stat. § 152.021. The grid note flags this; the practical effect is that the floor for some first-degree cases is higher than the displayed lower range.
Drug cases also often have alternatives the grid does not show on its face - including treatment-based dispositions - which is why the grid is the starting point, not the whole picture.
Departures and alternatives
As with every grid, the drug grid is presumptive. Courts can depart with substantial and compelling reasons, and in drug cases a defendant's amenability to treatment can support a downward dispositional departure under the right circumstances.
This page is general information, not legal advice. For non-drug felonies see the Standard Grid; for which drug offense sits at which level, see our Minnesota felony severity levels reference.
Updated May 18, 2026 · Law verified as of June 27, 2026. This article is general information about Minnesota law, not legal advice.
Frequently Asked Questions
Does Minnesota use a separate grid for drug crimes?
Yes. Controlled-substance felonies are sentenced on the Drug Offender Grid, with severity levels D9 (most serious) through D1, rather than the Standard Grid used for most other felonies.
How is the drug severity level decided?
By the degree of the controlled-substance offense, which turns largely on the type and amount of the substance. The Commission's reference table assigns each drug offense its D-level.
Can I avoid prison on a drug grid sentence?
Possibly. The grid sentence is presumptive, and a court can depart downward with substantial and compelling reasons. Amenability to treatment can support a probationary departure in the right case.
Why might the lower range not apply?
For certain first-degree controlled-substance offenses, statutory provisions in Minn. Stat. § 152.021 can exclude the lower end of the displayed range, raising the effective floor.
Related guides
The Minnesota Sex Offender Sentencing Grid
Minnesota sentences sex offenses on a separate Sex Offender Grid, with severity levels A down to I. See the current 2025 sex offender sentencing grid ...
Read the guideThe Minnesota Sentencing Guidelines Grid Explained
The Minnesota Sentencing Guidelines Standard Grid sets the presumptive prison sentence for most felonies, based on offense severity and criminal histo...
Read the guideCrimes Against the Justice System in Minnesota: Failure to Appear, Tampering, Bribery, and Contempt
Minnesota offenses that target the justice process itself - failure to appear / bail jumping (609.49), tampering with evidence/witnesses, bribery (609...
Read the guideThe information on this article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship.