2025 Session Last amended: 2023 session

§ 152.024 — Controlled Substance Crime in the Fourth Degree

Plain-Language Summary

Defines fourth-degree controlled substance crimes, including sale of Schedule I, II, or III substances (other than marijuana), sale of Schedule IV or V substances to a minor, and possession of hallucinogens (10+ dosage units) or Schedule I-III substances with intent to sell. Penalties include up to 15 years in prison and $100,000 in fines.

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; or

(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. §

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 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.

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; 2016 c 160 s 6; 2023 c 63 art 4 s 16

History: 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; 2016 c 160 s 6; 2023 c 63 art 4 s 16

Practical Notes

Fourth-degree possession charges require proof of intent to sell, which distinguishes them from fifth-degree simple possession. Possession offenses under this section may qualify for a stay of adjudication under section 152.18 for eligible first-time offenders. A defense attorney can help evaluate whether intent-to-sell evidence is strong and whether diversion is available.

Source: Minnesota Office of the Revisor of Statutes