2007 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.
History: 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