§ 152.027 — Other Controlled Substance Offenses
Plain-Language Summary
Covers lower-level controlled substance offenses not addressed in the first- through fifth-degree statutes, including sale or possession of Schedule V substances, salvia divinorum, synthetic cannabinoids, and kratom. Most offenses are misdemeanors or gross misdemeanors, with some felony-level synthetic cannabinoid sales.
152.027 OTHER CONTROLLED SUBSTANCE OFFENSES.
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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 364 days 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 364 days 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.
MS 2022 [Repealed, 2023 c 63 art 6 s 73] §
Subd. 4.
MS 2022 [Repealed, 2023 c 63 art 6 s 73] §
Subd. 5.Sale or possession of salvia divinorum.
(a) A person who unlawfully sells any amount of salvia divinorum or salvinorin A is guilty of a gross misdemeanor.
(b) A person who unlawfully possesses any amount of salvia divinorum or salvinorin A is guilty of a misdemeanor. §
Subd. 6.Sale or possession of synthetic cannabinoids.
(a) As used in this subdivision, “synthetic cannabinoid” includes any substance included in section 152.02, subdivision 2, paragraph (h), clause (3).
(b) A person who unlawfully sells a synthetic cannabinoid for no remuneration is guilty of a gross misdemeanor.
(c) A person who unlawfully sells a synthetic cannabinoid is guilty of a felony and if convicted 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.
(d) A person who unlawfully possesses any amount of a synthetic cannabinoid is guilty of a misdemeanor.
(e) Notwithstanding any contrary provision in sections 152.021 to 152.025, this subdivision describes the exclusive penalties for the sale and possession of synthetic cannabinoid. §
Subd. 7.Sale or possession of kratom.
(a) A person who unlawfully sells any amount of kratom or a substance that contains mitragynine or 7-hydroxymitragynine to a person under the age of 18 is guilty of a gross misdemeanor.
(b) A person under the age of 18 who unlawfully possesses any amount of kratom or a substance that contains mitragynine or 7-hydroxymitragynine is guilty of a misdemeanor.
History:
1989 c 290 art 3 s 14; 2005 c 10 art 3 s 8; 2005 c 136 art 7 s 7,8; 2010 c 368 s 1; 2011 c 53 s 9; 2011 c 76 art 1 s 20; 2012 c 240 s 2; 2018 c 195 art 1 s 3; 2023 c 52 art 6 s 16
History: History: 1989 c 290 art 3 s 14; 2005 c 10 art 3 s 8; 2005 c 136 art 7 s 7,8; 2010 c 368 s 1; 2011 c 53 s 9; 2011 c 76 art 1 s 20; 2012 c 240 s 2; 2018 c 195 art 1 s 3; 2023 c 52 art 6 s 16