2006 Minnesota Statutes

152.023 CONTROLLED SUBSTANCE CRIME IN THE THIRD DEGREE.
    Subdivision 1. Sale crimes. A person is guilty of controlled substance crime in the third
degree if:
(1) the person unlawfully sells one or more mixtures containing a narcotic drug;
(2) on one or more occasions within a 90-day period the person unlawfully sells one or more
mixtures containing phencyclidine or hallucinogen, it is packaged in dosage units, and equals
ten or more dosage units;
(3) the person unlawfully sells one or more mixtures containing a controlled substance
classified in schedule I, II, or III, except a schedule I or II narcotic drug, to a person under the
age of 18;
(4) the person conspires with or employs a person under the age of 18 to unlawfully sell
one or more mixtures containing a controlled substance listed in schedule I, II, or III, except
a schedule I or II narcotic drug; or
(5) on one or more occasions within a 90-day period the person unlawfully sells 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 third
degree if:
(1) on one or more occasions within a 90-day period the person unlawfully possesses
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 possesses 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 possesses one
or more mixtures containing a narcotic drug, it is packaged in dosage units, and equals 50
or more dosage units;
(4) on one or more occasions within a 90-day period the person unlawfully possesses
any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid
diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine
in a school zone, a park zone, a public housing zone, or a drug treatment facility;
(5) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten kilograms or more containing marijuana or
Tetrahydrocannabinols; or
(6) the person unlawfully possesses one or more mixtures containing methamphetamine or
amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment facility.
    Subd. 3. Penalty. (a) A person convicted under subdivision 1 or 2 may be sentenced to
imprisonment for not more than 20 years or to payment of a fine of not more than $250,000, 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 two years nor more than 30 years and, in addition, may be sentenced to payment of a fine
of not more than $250,000.
(c) In a prosecution under subdivision 1 or 2 involving sales or acts of possession by the
same person in two or more counties within a 90-day period, the person may be prosecuted in any
county in which one of the sales or acts of possession occurred.
History: 1989 c 290 art 3 s 10; 1990 c 602 art 7 s 3,4; 1991 c 199 art 1 s 54; 1991 c 279
s 5; 1992 c 359 s 8; 1993 c 326 art 3 s 2; art 13 s 7; 1995 c 244 s 3; 1997 c 239 art 4 s 9-11;
1998 c 367 art 4 s 3; 1Sp2001 c 8 art 8 s 3