1999 Minnesota Statutes

     152.025 Controlled substance crime in the fifth degree. 

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

    (1) the person unlawfully sells one or more mixtures 
 containing marijuana or Tetrahydrocannabinols, except a small 
 amount of marijuana for no remuneration; or 

    (2) the person unlawfully sells one or more mixtures 
 containing a controlled substance classified in schedule IV. 

    Subd. 2.    Possession and other crimes.  A person is 
 guilty of controlled substance crime in the fifth degree if: 

    (1) the person unlawfully possesses one or more mixtures 
 containing a controlled substance classified in schedule I, II, 
 III, or IV, except a small amount of marijuana; or 

    (2) the person procures, attempts to procure, possesses, or 
 has control over a controlled substance by any of the following 
 means: 

    (i) fraud, deceit, misrepresentation, or subterfuge; 

    (ii) using a false name or giving false credit; or 

    (iii) falsely assuming the title of, or falsely 
 representing any person to be, a manufacturer, wholesaler, 
 pharmacist, physician, doctor of osteopathy licensed to practice 
 medicine, dentist, podiatrist, veterinarian, or other authorized 
 person for the purpose of obtaining a controlled substance. 

    Subd. 3.    Penalty.  (a) A person convicted under 
 subdivision 1 or 2 may be sentenced to imprisonment for not more 
 than five years or to payment of a fine of not more than 
 $10,000, 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 or to a local 
 correctional authority for not less than six months nor more 
 than ten years and, in addition, may be sentenced to payment of 
 a fine of not more than $20,000. 

    HIST: 1989 c 290 art 3 s 12; 1990 c 602 art 7 s 6; 1992 c 359 
 s 9; 1993 c 326 art 13 s 9; 1995 c 244 s 5