2006 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. Methamphetamine manufacture crime. (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) [Renumbered 152.0262, subdivision 1]
    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.
(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.
(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.
History: 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; 2005 c 136 art 7 s 5,6,21

NOTE: Parts of subdivision 3 relating to penalties for possession of methamphetamine
precursors were renumbered as section 152.0262, subdivision 2.