2001 Minnesota Statutes

     152.022 Controlled substance crime in the second degree. 

    Subdivision 1.    Sale crimes.  A person is guilty of 
 controlled substance crime in the second 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 three 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 ten 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 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; 

    (4) on one or more occasions within a 90-day period the 
 person unlawfully sells one or more mixtures of a total weight 
 of 25 kilograms or more containing marijuana or 
 Tetrahydrocannabinols; 

    (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; 

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

    (iii) one or more mixtures of a total weight of five 
 kilograms or more containing marijuana or Tetrahydrocannabinols. 

    Subd. 2.    Possession crimes.  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 six grams or more containing cocaine, heroin, 
 or methamphetamine; 

    (2) 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, or methamphetamine; 

    (3) 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 

    (4) the person unlawfully possesses one or more mixtures of 
 a total weight of 50 kilograms or more containing marijuana or 
 Tetrahydrocannabinols. 

    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. 

    HIST: 1989 c 290 art 3 s 9; 1990 c 602 art 7 s 2; 1991 c 199 
 art 1 s 53; 1991 c 279 s 4; 1992 c 359 s 6,7; 1993 c 326 art 3 s 
 1; art 13 s 6; 1995 c 244 s 2; 1997 c 239 art 4 s 7,8; 1998 c 
 367 art 4 s 2; 1Sp2001 c 8 art 8 s 2