2002 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. 

    HIST: 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 
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