2006 Minnesota Statutes

152.024 CONTROLLED SUBSTANCE CRIME IN THE FOURTH DEGREE.
    Subdivision 1. Sale crimes. A person is guilty of controlled substance crime in the fourth
degree if:
(1) the person unlawfully sells one or more mixtures containing a controlled substance
classified in schedule I, II, or III, except marijuana or Tetrahydrocannabinols;
(2) the person unlawfully sells one or more mixtures containing a controlled substance
classified in schedule IV or V to a person under the age of 18;
(3) the person conspires with or employs a person under the age of 18 to unlawfully sell a
controlled substance classified in schedule IV or V; or
(4) the person unlawfully sells any amount of marijuana or Tetrahydrocannabinols in a
school zone, a park zone, a public housing zone, or a drug treatment facility, except a small
amount for no remuneration.
    Subd. 2. Possession crimes. A person is guilty of controlled substance crime in the fourth
degree if:
(1) the person unlawfully possesses one or more mixtures containing phencyclidine or
hallucinogen, it is packaged in dosage units, and equals ten or more dosage units; or
(2) the person unlawfully possesses one or more mixtures containing a controlled substance
classified in schedule I, II, or III, except marijuana or Tetrahydrocannabinols, with the intent
to sell it.
    Subd. 3. Penalty. (a) A person convicted under subdivision 1 or 2 may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $100,000, 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 one year nor more than 30 years and, in addition, may
be sentenced to payment of a fine of not more than $100,000.
History: 1989 c 290 art 3 s 11; 1990 c 602 art 7 s 5; 1991 c 279 s 6; 1993 c 326 art 13 s 8;
1995 c 244 s 4; 1997 c 239 art 4 s 12