2003 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.  (a) 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. 

    (b) Notwithstanding paragraph (a) and section 609.17, a 
 person is guilty of attempted manufacture of methamphetamine if 
 the person possesses any chemical reagents or precursors with 
 the intent to manufacture methamphetamine.  As used in this 
 section, "chemical reagents or precursors" refers to one or more 
 of the following substances, or their salts, isomers, and salts 
 of isomers: 

    (1) ephedrine; 

    (2) pseudoephedrine; 

    (3) phenyl-2-propanone; 

    (4) phenylacetone; 

    (5) anhydrous ammonia, as defined in section 18C.005, 
 subdivision 1a; 

    (6) organic solvents; 

    (7) hydrochloric acid; 

    (8) lithium metal; 

    (9) sodium metal; 

    (10) ether; 

    (11) sulfuric acid; 

    (12) red phosphorus; 

    (13) iodine; 

    (14) sodium hydroxide; 

    (15) benzaldehyde; 

    (16) benzyl methyl ketone; 

    (17) benzyl cyanide; 

    (18) nitroethane; 

    (19) methylamine; 

    (20) phenylacetic acid; 

    (21) hydriodic acid; or 

    (22) hydriotic acid. 

    Subd. 3.    Penalty.  (a) A person convicted under 
 subdivisions 1 to 2a, paragraph (a), 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; a person convicted under 
 subdivision 2a, paragraph (b), may be sentenced to imprisonment 
 for not more than three years or to payment of a fine of not 
 more than $5,000, or both. 

    (b) If the conviction is a subsequent controlled substance 
 conviction, a person convicted under subdivisions 1 to 2a, 
 paragraph (a), 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; a person convicted under subdivision 2a, 
 paragraph (b), may be sentenced to imprisonment for not more 
 than four years or to payment of a fine of not more than $5,000, 
 or both.  

    (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; 1Sp2003 c 2 art 8 s 2,3