1999 Minnesota Statutes

     152.021 Controlled substance crime in the first degree. 

    Subdivision 1.    Sale crimes.  A person is guilty of 
 controlled substance crime in the first degree if: 

    (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 cocaine, heroin, or 
 methamphetamine; 

    (2) on one or more occasions within a 90-day period the 
 person unlawfully sells one or more mixtures of a total weight 
 of 50 grams or more containing a narcotic drug other than 
 cocaine, heroin, or methamphetamine; 

    (3) on one or more occasions within a 90-day period the 
 person unlawfully sells 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 200 or more dosage units; or 

    (4) on one or more occasions within a 90-day period the 
 person unlawfully sells one or more mixtures of a total weight 
 of 50 kilograms or more containing marijuana or 
 Tetrahydrocannabinols, or one or more mixtures of a total weight 
 of 25 kilograms or more containing marijuana or 
 Tetrahydrocannabinols in a school zone, a park zone, a public 
 housing zone, or a drug treatment facility. 

    Subd. 2.    Possession crimes.  A person is guilty of a 
 controlled substance crime in the first degree if: 

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

    (2) the person unlawfully possesses one or more mixtures of 
 a total weight of 500 grams or more containing a narcotic drug 
 other than cocaine, heroin, or methamphetamine; 

    (3) the person unlawfully possesses one or more mixtures of 
 a total weight of 500 grams or more containing amphetamine, 
 phencyclidine, or hallucinogen or, if the controlled substance 
 is packaged in dosage units, equaling 500 or more dosage units; 
 or 

    (4) the person unlawfully possesses one or more mixtures of 
 a total weight of 100 kilograms or more containing marijuana or 
 Tetrahydrocannabinols. 

    Subd. 2a.    Manufacture crimes.  Notwithstanding 
 subdivision 1, sections 152.022, subdivision 1, 152.023, 
 subdivision 1, and 152.024, subdivision 1, a person is guilty of 
 controlled substance crime in the first degree if the person 
 manufactures any amount of methamphetamine. 

    Subd. 3.    Penalty.  (a) A person convicted under 
 subdivisions 1 to 2a may be sentenced to imprisonment for not 
 more than 30 years or to payment of a fine of not more than 
 $1,000,000, or both. 

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

    (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. 

    HIST: 1989 c 290 art 3 s 8; 1990 c 602 art 7 s 1; 1991 c 279 s 
 3; 1992 c 359 s 4,5; 1993 c 326 art 13 s 5; 1995 c 244 s 1; 1997 
 c 239 art 4 s 5,6; 1998 c 367 art 4 s 1