Minnesota Drug and Controlled Substance Statutes

1st Degree Controlled Substance Crime (Minn. Stat. § 152.021)

Sale (Subdivision 1):

  • On one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 17 grams or more containing cocaine or methamphetamine;
  • 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 or methamphetamine and:
    • the person or an accomplice possesses on their person or within immediate reach, or uses, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm; or
    • the offense involves two aggravating factors;
  • 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 heroin;
  • 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;
  • 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
  • On one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 25 kilograms or more containing marijuana or Tetrahydrocannabinols.

Possession (Subdivision 2):

  • The person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing cocaine or methamphetamine;
  • The person unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing cocaine or methamphetamine and:
    • the person or an accomplice possesses on their person or within immediate reach, or uses, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm; or
    • the offense involves two aggravating factors;
  • The person unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing heroin;
  • 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;
  • 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
  • The person unlawfully possesses one or more mixtures of a total weight of 50 kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 500 or more marijuana plants.
  • For the purposes of this subdivision, the weight of fluid used in a water pipe may not be considered in measuring the weight of a mixture except in cases where the mixture contains four or more fluid ounces of fluid.

Manufacture Methamphetamine

A person commits a first degree controlled substance crime if the person manufactures any amount of methamphetamine.

2nd Degree Controlled Substance Crime (Minn. Stat. § 152.022)

Sale (Subdivision 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 a narcotic drug other than heroin;
  • On one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of three grams or more containing cocaine or methamphetamine and:
    • the person or an accomplice possesses on their person or within immediate reach, or uses, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm; or
    • the offense involves three aggravating factors;
  • On one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of three grams or more containing heroin;
  • 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 amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 50 or more dosage units;
  • On one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten kilograms or more containing marijuana or Tetrahydrocannabinols;
  • The person unlawfully sells any amount of a Schedule I or II narcotic drug to a person under the age of 18, or conspires with or employs a person under the age of 18 to unlawfully sell the substance; or
  • The person unlawfully sells any of the following in a school zone, a park zone, a public housing zone, or a drug treatment facility:
    • Any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;
    • One or more mixtures containing methamphetamine or amphetamine; or
    • One or more mixtures of a total weight of five kilograms or more containing marijuana or Tetrahydrocannabinols.

Possession (Subdivision 2):

  • The person unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing cocaine or methamphetamine;
  • The person unlawfully possesses one or more mixtures of a total weight of ten grams or more containing cocaine or methamphetamine and:
    • the person or an accomplice possesses on their person or within immediate reach, or uses, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm; or
    • the offense involves three aggravating factors;
  • The person unlawfully possesses one or more mixtures of a total weight of six grams or more containing heroin;
  • The person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
  • The person unlawfully possesses 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 100 or more dosage units; or
  • The person unlawfully possesses one or more mixtures of a total weight of 25 kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 100 or more marijuana plants.
  • For the purposes of this subdivision, the weight of fluid used in a water pipe may not be considered in measuring the weight of a mixture except in cases where the mixture contains four or more fluid ounces of fluid.

3rd Degree Controlled Substance Crime (Minn. Stat. § 152.023)

Sale (Subdivision 1):

  • The person unlawfully sells one or more mixtures containing a narcotic drug;
  • 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;
  • 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;
  • 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
  • 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.

Possession (Subdivision 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 heroin;
  • 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 heroin;
  • 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;
  • 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;
  • 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
  • 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.
  • For the purposes of this subdivision, the weight of fluid used in a water pipe may not be considered in measuring the weight of a mixture except in cases where the mixture contains four or more fluid ounces of fluid.

4th Degree Controlled Substance Crime (Minn. Stat. § 152.024)

Sale (Subdivision 1):

  • The person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols;
  • 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;
  • 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
  • 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.

Possession (Subdivision 2):

  • 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
  • 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.

5th Degree Controlled Substance Crime (Minn. Stat. § 152.025)

Sale (Subdivision 1):

  • The person unlawfully sells one or more mixtures containing marijuana or tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
  • The person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule IV.

Possession (subdivision 2):

  • 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
  • The person procures, attempts to procure, possesses, or has control over a controlled substance by any of the following means:
    • Fraud, deceit, misrepresentation, or subterfuge;
    • Using a false name or giving false credit; or
    • 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.
Drug Crimes Information Minneapolis & Saint Paul MN







 

Locations

Anoka Office

loading map - please wait...

Anoka, MN 45.199654, -93.387372

2150 3rd Ave North
Suite 210
Anoka, MN 55303

Hopkins Office

loading map - please wait...

Hopkins Office 44.925443, -93.410989

25 9th Ave North
PO Box 458
Hopkins, MN 55343