Polk County Attorney Greg Widseth's office misstated drug-conspiracy law to jury in fentanyl trial

During Mohamed Abdulgani Ahmed's July 2023 trial on fentanyl-trafficking charges, Polk County Attorney Greg Widseth's office told jurors in closing argument that they did not need to find Ahmed knew the conspiracy involved drug quantities above the statutory first-degree threshold -- a misstatement of Minnesota conspiracy law. The jury convicted Ahmed on six counts, including first-degree conspiracy and sale, on July 12, 2023, in what was described as the largest fentanyl seizure in Polk County history. The error is part of a two-decade pattern of legally aggressive charging by Widseth, who has run unopposed in every county-attorney election since 2002.

  • Greg Widseth (Polk County Attorney)

During Mohamed Abdulgani Ahmed's July 2023 trial on fentanyl-trafficking charges in Polk County District Court, Polk County Attorney Greg Widseth's office told jurors in closing argument that they did not need to find Ahmed knew the drug-trafficking conspiracy involved quantities above the statutory first-degree threshold -- misstating the knowledge requirement under Minnesota conspiracy law and controlling case precedent. The jury convicted Ahmed on six counts, including first-degree conspiracy and sale, on July 12, 2023, in a case involving roughly 800 fentanyl pills described as the largest such seizure in Polk County history.

The closing-argument misstatement is the latest in a two-decade pattern of legally aggressive charging practices documented by reporters covering Widseth's office. Prior reporting found Widseth obtained most of the state's convictions under an archaic "drug tax stamp" law before public ridicule led the Legislature to repeal it, charged a woman for possessing bong water under an unrelated statute, and sought to expand "drug-free zone" designations -- including asking the East Grand Forks City Council to designate more public land as park space -- to trigger sentencing enhancements. A county public defender said the drug-free-zone expansion made it "virtually impossible for any person to traverse the city" without falling inside an enhancement zone.

Polk County's incarceration rate is three times the Minnesota average. Widseth has held the county attorney's office for more than 20 years and has run unopposed in every election since 2002, leaving voters -- the primary check on prosecutorial discretion -- without an alternative on the ballot.

Updates

2026-07-29 — Minnesota Supreme Court vacated part of Ahmed's conviction over the misstatement [3]

The Minnesota Supreme Court ruled that Widseth's office "plainly erred by misstating the law" in its 2023 closing argument, reversing in part, vacating in part, and remanding for a new trial on the three convictions Ahmed had challenged. An intermediate Court of Appeals ruling in December 2024 had affirmed the conspiracy and sale convictions while reversing a lesser-included possession count; the Supreme Court's July 2026 decision superseded that ruling on the challenged counts.

Prosecutors are trusted to state the law accurately to a jury, and voters are the primary check on a prosecutor's discretion at the ballot box. In a 2023 fentanyl- trafficking trial, Polk County Attorney Greg Widseth's office misstated Minnesota's conspiracy-law knowledge requirement to jurors -- an error serious enough that the Minnesota Supreme Court later vacated part of the resulting conviction -- the latest instance in a two-decade pattern of legally aggressive charging that has included prosecuting under a since-repealed drug-tax-stamp law and pushing to expand drug-free-zone sentencing enhancements. Widseth has run unopposed in every election since 2002, leaving the electoral check theoretical. This archive records when a prosecutor's documented pattern of overreach persists because no electoral competition exists to correct it.

  1. Polk County jury finds EGF man guilty of six drug chargesKROX primary accessed August 6, 2026
  2. Minnesota's most aggressive drug prosecutor keeps getting overruled. He's running unopposed (again).Minnesota Reformer investigative accessed August 5, 2026
  3. Minnesota Supreme Court Opinions — State v. Mohamed Abdulgani Ahmed (A24-0037)Minnesota Supreme Court primary accessed August 5, 2026