2007 Minnesota Statutes

152.027 OTHER CONTROLLED SUBSTANCE OFFENSES.
    Subdivision 1. Sale of schedule V controlled substance. Except as provided in section
152.02, subdivision 6, a person who unlawfully sells one or more mixtures containing a controlled
substance classified in schedule V may be sentenced to imprisonment for not more than one year
or to payment of a fine of not more than $3,000, or both.
    Subd. 2. Possession of schedule V controlled substance. Except as provided in section
152.02, subdivision 6, a person who unlawfully possesses one or more mixtures containing a
controlled substance classified in schedule V may be sentenced to imprisonment for not more than
one year or to payment of a fine of not more than $3,000, or both. The court may order that a
person who is convicted under this subdivision and placed on probation be required to take part in
a drug education program as specified by the court.
    Subd. 3. Possession of marijuana in a motor vehicle. A person is guilty of a misdemeanor
if the person is the owner of a private motor vehicle, or is the driver of the motor vehicle if the
owner is not present, and possesses on the person, or knowingly keeps or allows to be kept within
the area of the vehicle normally occupied by the driver or passengers, more than 1.4 grams of
marijuana. This area of the vehicle does not include the trunk of the motor vehicle if the vehicle
is equipped with a trunk, or another area of the vehicle not normally occupied by the driver or
passengers if the vehicle is not equipped with a trunk. A utility or glove compartment is deemed
to be within the area occupied by the driver and passengers.
    Subd. 4. Possession or sale of small amounts of marijuana. (a) A person who unlawfully
sells a small amount of marijuana for no remuneration, or who unlawfully possesses a small
amount of marijuana is guilty of a petty misdemeanor and participation in a drug education
program unless the court enters a written finding that a drug education program is inappropriate.
The program must be approved by an area mental health board with a curriculum approved
by the state alcohol and drug abuse authority.
(b) A person convicted of an unlawful sale under paragraph (a) who is subsequently
convicted of an unlawful sale under paragraph (a) within two years is guilty of a misdemeanor
and shall be required to participate in a chemical dependency evaluation and treatment if so
indicated by the evaluation.
(c) A person who is convicted of a petty misdemeanor under paragraph (a) who willfully
and intentionally fails to comply with the sentence imposed, is guilty of a misdemeanor.
Compliance with the terms of the sentence imposed before conviction under this paragraph is
an absolute defense.
History: 1989 c 290 art 3 s 14; 2005 c 10 art 3 s 8; 2005 c 136 art 7 s 7,8