Subdivision 1. Sale crimes. A person is guilty of a controlled substance crime in the fifth degree and upon conviction may be sentenced as provided in subdivision 4 if:
(1) the person unlawfully sells one or more mixtures containing marijuana or tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
(2) the person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule IV.
Subd. 2. Possession and other crimes. A person is guilty of controlled substance crime in the fifth degree and upon conviction may be sentenced as provided in subdivision 4 if:
(1) the person unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule I, II, III, or IV, except a small amount of marijuana; or
(2) the person procures, attempts to procure, possesses, or has control over a controlled substance by any of the following means:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) using a false name or giving false credit; or
(iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer, wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of obtaining a controlled substance.
Subd. 3. [Repealed, 2009 c 83 art 3 s 24]
Subd. 4. Penalty. (a) A person convicted under the provisions of subdivision 2, clause (1), who has not been previously convicted of a violation of this chapter or a similar offense in another jurisdiction, is guilty of a gross misdemeanor if: (1) the amount of the controlled substance possessed, other than heroin, is less than 0.25 grams or one dosage unit or less if the controlled substance was possessed in dosage units; or (2) the controlled substance possessed is heroin and the amount possessed is less than 0.05 grams.
(b) A person convicted under the provisions of subdivision 1; subdivision 2, clause (1), unless the conduct is described in paragraph (a); or subdivision 2, clause (2), may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
1989 c 290 art 3 s 12; 1990 c 602 art 7 s 6; 1992 c 359 s 9; 1993 c 326 art 13 s 9; 1995 c 244 s 5; 2009 c 83 art 3 s 3,4; 2010 c 382 s 35; 2016 c 119 s 7; 2016 c 160 s 7
Structure Minnesota Statutes
Chapter 152 — Drugs; Controlled Substances
Section 152.02 — Schedules Of Controlled Substances; Administration Of Chapter.
Section 152.021 — Controlled Substance Crime In The First Degree.
Section 152.022 — Controlled Substance Crime In The Second Degree.
Section 152.023 — Controlled Substance Crime In The Third Degree.
Section 152.024 — Controlled Substance Crime In The Fourth Degree.
Section 152.025 — Controlled Substance Crime In The Fifth Degree.
Section 152.026 — Mandatory Sentences.
Section 152.0261 — Importing Controlled Substances Across State Borders.
Section 152.0262 — Possession Of Substances With Intent To Manufacture Methamphetamine Crime.
Section 152.027 — Other Controlled Substance Offenses.
Section 152.0271 — Notice Of Drug Convictions; Driver's License Revocation.
Section 152.0273 — Synthetic Drug Sales; Mandatory Restitution.
Section 152.028 — Permissive Inference Of Knowing Possession.
Section 152.092 — Possession Of Drug Paraphernalia Prohibited.
Section 152.093 — Manufacture Or Delivery Of Drug Paraphernalia Prohibited.
Section 152.094 — Delivery Of Drug Paraphernalia To A Minor Prohibited.
Section 152.095 — Advertisement Of Drug Paraphernalia Prohibited.
Section 152.096 — Conspiracies Prohibited.
Section 152.097 — Simulated Controlled Substances.
Section 152.0972 — Precursors Of Controlled Substances.
Section 152.0973 — Report Of Transaction.
Section 152.0974 — Exceptions.
Section 152.10 — Sales, Persons Eligible.
Section 152.101 — Manufacturers, Records.
Section 152.11 — Prescriptions.
Section 152.12 — Health Care Providers May Prescribe.
Section 152.125 — Intractable Pain.
Section 152.126 — Prescription Monitoring Program.
Section 152.13 — Duties Of State Board Of Pharmacy.
Section 152.135 — Restrictions On Sales, Marketing, And Possession Of Ephedrine.
Section 152.136 — Anhydrous Ammonia; Prohibited Conduct; Criminal Penalties; Civil Liability.
Section 152.137 — Methamphetamine-related Crimes Involving Children And Vulnerable Adults.
Section 152.152 — Stayed Sentence Limited.
Section 152.18 — Discharge And Dismissal.
Section 152.20 — Penalties Under Other Laws.
Section 152.205 — Local Regulations.
Section 152.21 — Thc Therapeutic Research Act.
Section 152.24 — Federally Approved Clinical Trials.
Section 152.25 — Commissioner Duties.
Section 152.261 — Rules; Adverse Incidents.
Section 152.27 — Patient Registry Program Established.
Section 152.28 — Health Care Practitioner Duties.
Section 152.29 — Manufacturer Of Medical Cannabis Duties.
Section 152.30 — Patient Duties.
Section 152.31 — Data Practices.
Section 152.32 — Protections For Registry Program Participation.
Section 152.34 — Health Care Facilities.
Section 152.35 — Fees; Deposit Of Revenue.
Section 152.36 — Impact Assessment Of Medical Cannabis Therapeutic Research.