{"data":{"id":"us-mn/minn.-stat.-152.022","jurisdiction":"us-mn","citation":"Minn. Stat. § 152.022","heading":"CONTROLLED SUBSTANCE CRIME IN THE SECOND DEGREE.","body":"Subdivision 1. Sale crimes.\nA person is guilty of controlled substance crime in the second degree if:\n(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 or fentanyl;\n(2) 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:\n(i) 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\n(ii) the offense involves three aggravating factors;\n(3) 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, or 12 dosage units or more, containing heroin or fentanyl;\n(4) 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;\n(5) 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\n(6) the person unlawfully sells any of the following in a school zone, a park zone, a public housing zone, or a drug treatment facility:\n(i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine; or\n(ii) one or more mixtures containing methamphetamine or amphetamine.\nSubd. 2. Possession crimes.\n(a) A person is guilty of controlled substance crime in the second degree if:\n(1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing cocaine or methamphetamine;\n(2) the person unlawfully possesses one or more mixtures of a total weight of ten grams or more containing cocaine or methamphetamine and:\n(i) 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\n(ii) the offense involves three aggravating factors;\n(3) the person unlawfully possesses one or more mixtures of a total weight of six grams or more, or 50 dosage units or more, containing heroin or fentanyl;\n(4) 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, fentanyl, or methamphetamine;\n(5) 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\n(6) the person unlawfully possesses:\n(i) 25 kilograms or more of cannabis flower;\n(ii) five kilograms or more of cannabis concentrate; or\n(iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer products, or any combination of those infused with more than 500 grams of tetrahydrocannabinols.\n(b) For the purposes of this subdivision, a mixture does not include the fluid used in a water pipe or any amount of a controlled substance that is dissolved in the pipe's fluid.\nSubd. 3. Penalty.\n(a) A person convicted under subdivision 1 or 2 may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $500,000, or both.\n(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 for not less than three years nor more than 40 years and, in addition, may be sentenced to payment of a fine of not more than $500,000.\n(c) In a prosecution under subdivision 1 involving sales by the same person in two or more counties within a 90-day period, the person may be prosecuted for all of the sales in any county in which one of the sales occurred.","path":["HEALTH","CHAPTER 152. DRUGS; CONTROLLED SUBSTANCES","CONTROLLED SUBSTANCE CRIMES"],"source_url":"https://www.revisor.mn.gov/statutes/cite/152.022","current_through":"2025 Minnesota Statutes","vintage":"","retrieved_at":"2026-09-02T22:10:34Z","sha256":"5e808b6838c9e08e8516ac53383a889210ef15253a39bb54e1f577fd5af43c1b","source_id":"us-mn","stale":false,"prev":"us-mn/minn.-stat.-152.021","next":"us-mn/minn.-stat.-152.023"},"notice":"GroundRules: Original legal text. Not legal advice."}