Subdivision 1.Sale crimes.

A person is guilty of controlled substance crime in the second degree if:

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Terms Used In Minnesota Statutes 152.022

  • Cannabis concentrate: has the meaning given in section 342. See Minnesota Statutes 152.01
  • Cannabis flower: has the meaning given in section 342. See Minnesota Statutes 152.01
  • Cocaine: means coca leaves and any salt, compound, derivative, or preparation of coca leaves, including cocaine and ecgonine, the salts and isomers of cocaine and ecgonine, and the salts of their isomers and any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of those substances, except decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine. 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
  • Drug treatment facility: means any facility in which a residential rehabilitation program licensed under chapter 245G or Minnesota Rules, parts Minnesota Statutes 152.01
  • fentanyl: includes fentanyl, carfentanil, and any fentanyl analogs and fentanyl-related substances listed in section 152. See Minnesota Statutes 152.01
  • Hallucinogen: means any hallucinogen listed in section 152. See Minnesota Statutes 152.01
  • Mixture: means a preparation, compound, mixture, or substance containing a controlled substance, regardless of purity except as provided in subdivision 16; sections 152. See Minnesota Statutes 152.01
  • narcotic drug: as used in this chapter shall not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine. See Minnesota Statutes 152.01
  • Park zone: includes the area within 300 feet or one city block, whichever distance is greater, of the park boundary. See Minnesota Statutes 152.01
  • Person: includes every individual, copartnership, corporation or association of one or more individuals. See Minnesota Statutes 152.01
  • Public housing zone: means any public housing project or development administered by a local housing agency, plus the area within 300 feet of the property's boundary, or one city block, whichever distance is greater. See Minnesota Statutes 152.01
  • School zone: means :

    (1) any property owned, leased, or controlled by a school district or an organization operating a nonpublic school, as defined in section 123B. See Minnesota Statutes 152.01

  • Sell: means :

    (1) to sell, give away, barter, deliver, exchange, distribute or dispose of to another, or to manufacture; or

    (2) to offer or agree to perform an act listed in clause (1); or

    (3) to possess with intent to perform an act listed in clause (1). See Minnesota Statutes 152.01

  • subsequent controlled substance conviction: means that before commission of the offense for which the person is convicted under this chapter, the person was convicted of a violation of section 152. 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

(1) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten grams or more containing a narcotic drug other than heroin or fentanyl;

(2) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of three grams or more containing cocaine or methamphetamine and:

(i) the person or an accomplice possesses on their person or within immediate reach, or uses, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm; or

(ii) the offense involves three aggravating factors;

(3) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of three grams or more, or 12 dosage units or more, containing heroin or fentanyl;

(4) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 50 or more dosage units;

(5) the person unlawfully sells any amount of a Schedule I or II narcotic drug to a person under the age of 18, or conspires with or employs a person under the age of 18 to unlawfully sell the substance; or

(6) the person unlawfully sells any of the following in a school zone, a park zone, a public housing zone, or a drug treatment facility:

(i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine; or

(ii) one or more mixtures containing methamphetamine or amphetamine.

Subd. 2.Possession crimes.

(a) A person is guilty of controlled substance crime in the second degree if:

(1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing cocaine or methamphetamine;

(2) the person unlawfully possesses one or more mixtures of a total weight of ten grams or more containing cocaine or methamphetamine and:

(i) the person or an accomplice possesses on their person or within immediate reach, or uses, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm; or

(ii) the offense involves three aggravating factors;

(3) the person unlawfully possesses one or more mixtures of a total weight of six grams or more, or 50 dosage units or more, containing heroin or fentanyl;

(4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;

(5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 100 or more dosage units; or

(6) the person unlawfully possesses:

(i) 25 kilograms or more of cannabis flower;

(ii) five kilograms or more of cannabis concentrate; or

(iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer products, or any combination of those infused with more than 500 grams of tetrahydrocannabinols.

(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may not be considered in measuring the weight of a mixture except in cases where the mixture contains four or more fluid ounces of fluid.

Subd. 3.Penalty.

(a) A person convicted under subdivision 1 or 2 may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $500,000, or both.

(b) If the conviction is a subsequent controlled substance conviction, a person convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections for not less than three years nor more than 40 years and, in addition, may be sentenced to payment of a fine of not more than $500,000.

(c) In a prosecution under subdivision 1 involving sales by the same person in two or more counties within a 90-day period, the person may be prosecuted for all of the sales in any county in which one of the sales occurred.