Section 152.025 - CONTROLLED SUBSTANCE CRIME IN THE FIFTH DEGREESubdivision 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.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podiatrist, veterinarian, or other authorized person for the purpose of obtaining a controlled substance.Subd. 3.[Repealed, 2009 c 83 art 3s 24]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 3s 3, 4; 2010 c 382 s 35; 2016 c 119 s 7; 2016 c 160 s 7
Amended by 2023 Minn. Laws, ch. 63,s 4-18, eff. 8/1/2023.Amended by 2023 Minn. Laws, ch. 63,s 4-17, eff. 8/1/2023.Amended by 2023 Minn. Laws, ch. 52,s 15-13, eff. 8/1/2023.Amended by 2016 Minn. Laws, ch. 160,s 7, eff. 8/1/2016.