New Minnesota Public Safety Bill Cracks down on Fentanyl Crimes Involving Children
In 2025, Minnesota lawmakers passed a wide-ranging public safety and judiciary bill (HF 2432/SF 1417, Chapter 35) that reshaped parts of the state’s criminal code. The legislation covered everything from funding for courts and corrections to updates in sentencing, policing tools, and victim protections. Among the many provisions, one of the most notable for criminal law practitioners was the creation of a new felony offense aimed at protecting children from the dangers of fentanyl exposure. This change reflects the state’s response to the ongoing opioid crisis and marks a significant expansion of criminal liability for drug-related child endangerment.
Explaining the New Charge
Minnesota lawmakers recently passed a significant change to the state’s controlled-substance statutes: 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 (Minn. Stat. § 152.137, subd. 2(c)). This amendment builds on an earlier law that criminalized exposing children and vulnerable adults to methamphetamine. Lawmakers explicitly extended similar protections to fentanyl because of the ongoing opioid crisis and the drug’s uniquely lethal potency. Even microgram amounts, as little as a few grains of salt, can cause overdose and death in a child. By making this conduct a felony, with penalties of up to 5 years in prison and/or a $10,000 fine, Minnesota is signaling that careless handling of fentanyl around children will be treated as a serious criminal offense.
The statute also clarifies who is not covered. Licensed medical professionals, such as pharmacists, doctors, and nurses, are exempt when handling fentanyl as part of their professional duties. That carve out recognizes fentanyl’s legitimate medical uses such as in pain management or anesthesia, which ensures that legal, medically necessary contact with the drug doesn’t result in unnecessary criminal liability. The law also maintains the rule that a person can be prosecuted under this section and for other crimes arising from the same conduct, such as child endangerment, drug possession, or trafficking. This means that the fentanyl exposure offense is not a substitute but an additional charge prosecutors can bring, further increasing penalties for those convicted.
Situations Where Someone Could Be Charged
Because the law criminalizes not only ingestion but also exposure and contact, prosecutors have wide discretion to charge cases where a child is placed at risk, even if no harm actually occurs. A common scenario that results in a charge might involve a parent or caregiver using fentanyl in the home, whether smoking, snorting, or preparing it in pill or powder form. If residue is left on tables, counters, or clothing, and a child touches those surfaces, that could meet the definition of “contact” under the statute. Likewise, secondhand smoke or airborne powder could support an “exposure” charge. Importantly, prosecutors don’t need to prove that the child overdosed or even showed symptoms, the risk alone can be enough.
Another set of cases could arise from negligent storage. If fentanyl pills or powder are left accessible in a child’s room, car seat, diaper bag, or other areas where children play, prosecutors could argue the caregiver “permitted” exposure. This could apply not only to parents but also to babysitters, relatives, or anyone else responsible for the child at the time. Prosecutors may also bring charges in situations where a caregiver knowingly allows a child to remain in an environment where fentanyl is being sold or used, such as a home-based drug operation. In these scenarios, the State would not need to prove direct ingestion, the simple fact that the child was present in a hazardous environment could satisfy the statute.
Defenses to the Charge
Defending against a fentanyl exposure charge will likely center on the statute’s requirement of knowledge. The prosecution must prove that the defendant knowingly caused or permitted the child’s exposure. If a caregiver had no idea fentanyl was present, for example, if a guest left behind a bag of pills or residue in the home, the defense could argue the caregiver lacked the necessary mental state to be guilty. Similarly, if the defendant reasonably believed a space was safe (they had thoroughly cleaned after discovering fentanyl), that could undermine the “knowingly permitted” element. The defense may also challenge whether the prosecution can prove that what the child touched or inhaled was actually fentanyl; chemical testing will be required, and a lack of conclusive evidence could be a strong defense.
Another potential defense involves medical or professional use. The statute expressly exempts doctors, pharmacists, nurses, and other licensed professionals when they are handling fentanyl in a legitimate, professional capacity. For example, if a child in hospice care is prescribed a fentanyl patch by a doctor, the caregiver applying the medication would not face prosecution. Similarly, hospital staff administering fentanyl as part of surgery or emergency treatment would fall within this exemption. Defense attorneys might also argue that the exposure was accidental or unavoidable, which could reduce culpability or persuade a jury to view the conduct as falling short of “knowingly” allowing harm. Finally, constitutional challenges could arise if prosecutors attempt to stretch the definition of “exposure” too far, such as charging cases where the connection between the child and the drug is tenuous or speculative.
Hire a Drug Crimes Defense Attorney in Apple Valley, Minnesota
If you or a loved one has been charged with a fentanyl crime, child endangerment, or another drug related offense in Apple Valley, Minnesota, it is important to hire a criminal defense attorney immediately. The McDonough Law Firm can provide the legal assistance you need to ensure your case is in the right hands, and you will be getting the best representation that you deserve.
Whether the crime is a misdemeanor or a felony, a conviction could change the rest of your life. Call Apple Valley drug defense lawyer Michael McDonough at (612) 481-2797. Mr. McDonough represents clients in other surrounding communities including Steele County, Scott County, Rice County, Dodge County, Olmsted County, Carver County, and Sibley County.
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