Minnesota Statutes 152.025 – Controlled Substance Crime in the Fifth Degree
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 the person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule IV.
Subd. 2.Possession and other crimes.
Attorney's Note
Under the Minnesota Statutes, punishments for crimes depend on the classification. In the case of this section:
Class Prison Fine Gross misdemeanor up to 1 year up to $3,000 Misdemeanor up to 90 days up to $1,000
For details, see § 609.02
Terms Used In Minnesota Statutes 152.025
- Cannabis flower: has the meaning given in section 342. See Minnesota Statutes 152.01
- Controlled substance: means a drug, substance, or immediate precursor in Schedules I through V of section 152. See Minnesota Statutes 152.01
- Conviction: A judgement of guilt against a criminal defendant.
- drug: includes all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either humans or other animals. See Minnesota Statutes 152.01
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes every individual, copartnership, corporation or association of one or more individuals. See Minnesota Statutes 152.01
- Unlawfully: means selling or possessing a controlled substance in a manner not authorized by law. See Minnesota Statutes 152.01
Attorney's Note
Under the Minnesota Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Gross misdemeanor | up to 1 year | up to $3,000 |
| Misdemeanor | up to 90 days | up to $1,000 |
Terms Used In Minnesota Statutes 152.025
- Cannabis flower: has the meaning given in section 342. See Minnesota Statutes 152.01
- Controlled substance: means a drug, substance, or immediate precursor in Schedules I through V of section 152. See Minnesota Statutes 152.01
- Conviction: A judgement of guilt against a criminal defendant.
- drug: includes all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either humans or other animals. See Minnesota Statutes 152.01
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes every individual, copartnership, corporation or association of one or more individuals. See Minnesota Statutes 152.01
- Unlawfully: means selling or possessing a controlled substance in a manner not authorized by law. See Minnesota Statutes 152.01
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 cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products or a residual amount of one or more mixtures of controlled substances contained in drug paraphernalia; 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.