In 2025, Minnesota passed a major public-safety bill that created a new crime aimed at protecting children from fentanyl exposure. As of August 1, 2025, it is a felony to knowingly cause or permit a child to inhale, be exposed to, have contact with, or ingest fentanyl. Lawmakers introduced this change in response to the growing opioid crisis and fentanyl’s extreme potency, which makes even trace exposure dangerous for children.
The offense is codified at Minn. Stat. § 152.137, subd. 2(c). A conviction carries up to 5 years in prison and/or a $10,000 fine. The statute exempts licensed medical professionals acting within their professional duties, such as prescribing or dispensing fentanyl in legitimate medical contexts. Prosecutors may also bring additional charges from the same conduct, including child endangerment or possession with intent to sell.
Minnesota Criminal Defense Lawyer
Michael McDonough of McDonough Law defends clients across Minnesota against serious drug charges, including the new fentanyl-exposure offense. This charge is complex and often tied to other allegations, so an effective defense requires challenging the State’s claims about knowledge, the identity of the substance, and whether exposure actually occurred.
Call (612) 481-2797 for a free consultation. Michael McDonough will explain your case, discuss legal strategies, and help protect your rights at every stage.
Information About Fentanyl Exposure to a Child Charges
- Fentanyl Exposure to a Child Explained
- Situations Where Charges Arise
- Penalties for Fentanyl Exposure to a Child
- Defenses to Exposing a Child to Fentanyl
- Frequently Asked Questions About Fentanyl Exposure Charges in Minnesota
- Additional Resources
Fentanyl Exposure to a Child Explained
Minn. Stat. § 152.137, subd. 2(c) makes it illegal to knowingly cause or permit a child to inhale, be exposed to, have contact with, or ingest fentanyl. The law criminalizes not only ingestion but also contact and exposure, which means prosecutors do not need to prove a child overdosed or became visibly sick. The risk alone can be enough for charges.
Medical professionals acting in their professional capacity are exempt, but outside those contexts, the law applies broadly. It can cover homes, vehicles, or any location where a child might come into contact with fentanyl smoke, powder, pills, or patches.
Situations Where Charges Arise
Residue or secondhand exposure in a home or vehicle – A parent or caregiver uses fentanyl in a bedroom, bathroom, or car and leaves residue on surfaces, clothing, or toys. If a child could reasonably come into contact with that residue, the State may allege “exposure.”
Unsecured pills, patches, or powder – Loose fentanyl pills or powder kept in purses, diaper bags, or unlocked drawers may support charges. Prosecutors argue that failing to secure the drug where a child has access is “knowingly permitting” exposure.
Presence during use or packaging – A child present while fentanyl is smoked, prepared, or packaged for sale may lead to charges. The State can argue that airborne particles or contaminated surfaces were enough to create exposure.
Improper medical handling – Misuse of prescribed fentanyl, such as discarding patches carelessly or storing medication unsafely in a household with children, can also form the basis for charges.
Penalties for Fentanyl Exposure to a Child
A conviction under Minn. Stat. § 152.137, subd. 2(c) is classified as a felony and is punishable by up to 5 years in prison and/or a $10,000 fine. This is the baseline penalty, but in practice, sentencing outcomes can vary significantly depending on aggravating factors present in the case.
Aggravating factors that can enhance penalties include situations where the child actually ingests fentanyl and suffers injury or overdose. In those cases, prosecutors may pursue additional charges such as child endangerment resulting in substantial harm, or even more serious offenses like third-degree murder if death occurs. Prior criminal history, particularly past drug or child-protection offenses, will also weigh heavily at sentencing. If the fentanyl was part of a larger distribution or trafficking operation, prosecutors may add controlled substance charges under Minn. Stat. § 152.021, which carry far harsher penalties, including prison terms of up to 40 years.
Other circumstances can also intensify the case. If multiple children were exposed, or if exposure occurred in a particularly reckless context such as a daycare, school zone, or motor vehicle, judges and prosecutors are likely to view the conduct as more serious. Minnesota sentencing guidelines allow courts to impose upward departures from the presumptive sentence when aggravating factors are proven, meaning prison time can be longer than the baseline range. In some cases, consecutive sentences may be imposed if exposure is tied to separate victims or combined with additional felony counts.
Because exposure charges can escalate quickly depending on the facts, even a first-time offender may face severe consequences if aggravating circumstances are present. Having experienced defense counsel is critical to identify whether the State’s evidence truly supports enhanced penalties, or whether aggravating factors are overstated or improperly applied.
Defenses to Exposing a Child to Fentanyl
Knowledge (mens rea) – The State must prove the defendant knowingly caused or permitted the child’s exposure. If the defendant had no knowledge fentanyl was present, or reasonably believed the area was safe, this element may not be met.
Identity of the substance – Prosecutors must prove the material is fentanyl, usually through lab testing. Challenging the testing methods, chain of custody, or reliability of the results can be a strong defense.
Exposure not proven – Allegations of residue or airborne particles must be supported with evidence linking the child to actual exposure. Defense may challenge environmental testing, proximity, or the plausibility of the claim.
Professional-use and lawful prescriptions – Licensed professionals are exempt when acting within scope. In lawful prescription contexts, compliance with medical instructions and safe-storage practices may provide a defense.
Fourth Amendment & statements – If fentanyl was discovered through an unlawful search, the evidence may be suppressed. Statements obtained in violation of Miranda or through coercion may also be excluded, weakening the prosecution’s case.
Frequently Asked Questions About Fentanyl Exposure Charges in Minnesota
What does “exposure” mean under the new law?
Exposure can include secondhand smoke, airborne fentanyl particles, or residue on surfaces, clothing, or toys that a child could reasonably come into contact with. The State does not need to prove the child ingested the drug or became sick — the risk alone can support a charge.
Can I be charged if the fentanyl wasn’t mine?
Yes, it’s possible. Prosecutors only need to show that you knowingly permitted a child’s exposure. If someone else brought fentanyl into your home or car and you were aware of it but didn’t act to remove it or keep the child away, you could still face charges.
What if I didn’t know fentanyl was present?
The law requires proof of knowledge. If you genuinely didn’t know fentanyl was present, that can form a strong defense. For example, if a visitor left the substance behind without your knowledge, you should not be held responsible for “knowingly permitting” exposure.
Does this law apply to prescription fentanyl?
Yes, it can. If prescription fentanyl patches, lozenges, or other forms are not stored or disposed of safely and a child is exposed, charges could still be filed. However, the statute has a professional-use exception for doctors, pharmacists, nurses, and other licensed providers acting in the course of their duties.
What are the penalties if I’m convicted?
A conviction is a felony punishable by up to 5 years in prison and/or a $10,000 fine. Additional consequences can include child protection involvement, loss of custody or visitation, and a permanent criminal record.
What defenses are available?
Common defenses include arguing lack of knowledge, challenging whether the substance was actually fentanyl, disputing whether exposure occurred, asserting professional or medical exceptions, and filing motions to suppress evidence from unlawful searches.
How serious are these charges compared to possession charges?
While possession charges often depend on the quantity of fentanyl, exposure charges focus on endangerment of a child. That means even small amounts of fentanyl can lead to serious felony charges if a child is placed at risk.
Additional Resources
Minn. Stat. § 152.137 – Crimes involving methamphetamine and fentanyl exposure to children – This is the official Minnesota statute that establishes the felony for exposing children to methamphetamine or fentanyl. It outlines the elements of the offense, penalties, and professional-use exceptions.
SAMHSA – Find Treatment – A federal treatment locator from the Substance Abuse and Mental Health Services Administration (SAMHSA), where families and individuals can search for substance-use treatment and recovery services nationwide.
Contact a Minnesota Criminal Defense Attorney
If you have been accused of exposing a child to fentanyl, you need experienced representation. Michael McDonough of McDonough Law represents clients in Sibley County, Scott County, Rice County, Carver County, Dodge County, Olmsted County, and Steele County.
Call (612) 481-2797 to schedule a free consultation. Michael McDonough will review your case and fight to protect your rights and your future.
