152.023 CONTROLLED SUBSTANCE CRIME IN THE THIRD DEGREE.

560 words·~3 min read·/mn/chapter-152/152-023

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Subdivision 1. Sale crimes.

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

(1)the person unlawfully sells one or more mixtures containing a narcotic drug;

(2)on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures containing phencyclidine or hallucinogen, it is packaged in dosage units, and equals ten or more dosage units;

(3)the person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule I, II, or III, except a Schedule I or II narcotic drug, cannabis flower, or cannabinoid products to a person under the age of 18; or

(4)the person conspires with or employs a person under the age of 18 to unlawfully sell one or more mixtures containing a controlled substance listed in Schedule I, II, or III, except a Schedule I or II narcotic drug, cannabis flower, or cannabinoid products.

Subd. 2. Possession crimes.

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

(1)on one or more occasions within a 90-day period the person unlawfully possesses 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 possesses one or more mixtures of:

(i)a total weight of three grams or more containing heroin; or

(ii)a total weight of five grams or more, or 25 dosage units or more, containing fentanyl;

(3)on one or more occasions within a 90-day period the person unlawfully possesses one or more mixtures containing a narcotic drug other than heroin or fentanyl, it is packaged in dosage units, and equals 50 or more dosage units;

(4)on one or more occasions within a 90-day period the person unlawfully possesses any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone, or a drug treatment facility;

(5)on one or more occasions within a 90-day period the person unlawfully possesses:

(i)more than ten kilograms of cannabis flower;

(ii)more than two kilograms 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 200 grams of tetrahydrocannabinol; or

(6)the person unlawfully possesses one or more mixtures containing methamphetamine or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment facility.

(b)For the purposes of this subdivision, a mixture does not include the fluid used in a water pipe or any amount of a controlled substance that is dissolved in the pipe's fluid.

Subd. 3. Penalty.

(a)A person convicted under subdivision 1 or 2 may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $250,000, or both.

(b)In a prosecution under subdivision 1 or 2 involving sales or acts of possession by the same person in two or more counties within a 90-day period, the person may be prosecuted in any county in which one of the sales or acts of possession occurred.