Minnesota Statutes

Minn. Stat. § 152.021 (2026)

Controlled Substance Crime In The First Degree

✓ current as of May 2026

Find cases: SyfertCases citing this section MN-REVrevisor.mn.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

Subdivision 1.Sale crimes.

A person is guilty of controlled substance crime in the first degree if:

(1) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 17 grams or more containing cocaine or methamphetamine;

(2) 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 cocaine or methamphetamine and:

(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

(ii) the offense involves two aggravating factors;

(3) 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, or 40 dosage units or more, containing heroin or fentanyl;

(4) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 50 grams or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine; or

(5) on one or more occasions within a 90-day period the person unlawfully sells 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 200 or more dosage units.

Subd. 2.Possession crimes.

(a) A person is guilty of a controlled substance crime in the first degree if:

(1) the person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing cocaine or methamphetamine;

(2) the person unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing cocaine or methamphetamine and:

(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

(ii) the offense involves two aggravating factors;

(3) the person unlawfully possesses one or more mixtures of a total weight of 25 grams or more, or 100 dosage units or more, containing heroin or fentanyl;

(4) the person unlawfully possesses one or more mixtures of a total weight of 500 grams or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;

(5) the person unlawfully possesses one or more mixtures of a total weight of 500 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 500 or more dosage units; or

(6) the person unlawfully possesses:

(i) 50 kilograms or more of cannabis flower;

(ii) ten kilograms or more of cannabis concentrate; or

(iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer products, or any combination of those infused with more than one kilogram of tetrahydrocannabinols.

(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.

Subd. 2a.Methamphetamine manufacture crime.

Notwithstanding subdivision 1, sections 152.022, subdivision 1, 152.023, subdivision 1, and 152.024, subdivision 1, a person is guilty of controlled substance crime in the first degree if the person manufactures any amount of methamphetamine.

Subd. 2b.Aggravated controlled substance crime in the first degree.

A person is guilty of aggravated controlled substance crime in the first degree if the person violates subdivision 1, clause (1), (2), (3), (4), or (5), or subdivision 2, paragraph (a), clause (1), (2), or (3), and the person or an accomplice sells or possesses 100 or more grams or 500 or more dosage units of a mixture containing the controlled substance at issue and:

(1) 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

(2) the offense involves two aggravating factors.

Subd. 3.Penalty.

(a) A person convicted under subdivisions 1 to 2a, paragraph (a), may be sentenced to imprisonment for not more than 30 years or to payment of a fine of not more than $1,000,000, or both.

(b) If the conviction is a subsequent controlled substance conviction, a person convicted under subdivisions 1 to 2a, paragraph (a), shall be committed to the commissioner of corrections for not less than four years nor more than 40 years and, in addition, may be sentenced to payment of a fine of not more than $1,000,000.

(c) If the defendant is convicted under subdivision 1, clause (1), (2), (3), (4), or (5), or subdivision 2, paragraph (a), clause (1), (2), or (3), and the defendant or an accomplice sold or possessed 100 or more grams or 500 or more dosage units of a mixture containing the controlled substance at issue, that person shall be committed to the commissioner of corrections for not less than 65 months or the presumptive fixed sentence under the Minnesota Sentencing Guidelines, whichever is greater, nor more than 40 years and may be sentenced to payment of a fine of not more than $1,000,000, or both. If a person to be sentenced under this paragraph for a conviction under subdivision 2, paragraph (a), clause (1), (2), or (3), has not previously been convicted of an offense under section 152.021, 152.022, or 152.023, or of a similar offense by the United States or another state, the prosecutor may, prior to the time of sentencing, file a motion to have the person sentenced without regard to the mandatory minimum sentence established by this paragraph. The motion shall be accompanied by a statement on the record of the reasons for it. When presented with the motion, or on its own motion, the court may sentence the person without regard to this mandatory minimum sentence if the court finds substantial and compelling reasons to do so; such a sentence is a departure from the Sentencing Guidelines.

(d) A person convicted under subdivision 2b shall be committed to the commissioner of corrections for not less than 86 months or the presumptive fixed sentence under the Minnesota Sentencing Guidelines, whichever is greater, nor more than 40 years and may be sentenced to payment of a fine of not more than $1,000,000, or both.

(e) In a prosecution under subdivisions 1 to 2b 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.

Notes of Decisions

Cited in 165 cases (17 in the last 5 years), 1990–2026 · leading case: State v. Peck, 773 N.W.2d 768 (Minn. 2009).

Sort: Relevance Newest Treatment

State v. Peck, 773 N.W.2d 768 (Minn. 2009). · cites it 18× “Minn.Stat. § 152.021, subd. 2(1) (2008). In this appeal we consider whether the term "mixture" applies to bong water that tests positive for the presence of a controlled substance.”

State v. Olhausen, 681 N.W.2d 21 (Minn. 2004). · cites it 13× “Respondent was convicted of three counts of a first-degree controlled substance crime: aiding and abetting the sale of 10 or more grams of a mixture containing methamphetamine in violation of Minn.Stat. §§ 152.021, subds. 1(1) and 8, and 609.”

State v. Bluhm, 676 N.W.2d 649 (Minn. 2004). · cites it 12× “On December 9, 2000, Bluhm, age 18, was arrested for marijuana and methamphetamine possession and eventually charged with first-degree possession of methamphetamine with intent to sell, in violation of Minn.Stat. § 152.021, subds. 1(1) and 3(b) (2002), and fifth-degree…”

Sanchez v. State, 816 N.W.2d 550 (Minn. 2012). · cites it 6× “In August 2002, Sanchez was arrested while in possession of over 25 grams of cocaine, and the State charged him with violating Minn.Stat. § 152.021, subd. 2(1) (2010). 2 Before trial, Sanchez moved to suppress the cocaine that police recovered from him.”

State v. Mendoza, 638 N.W.2d 480 (Minn. Ct. App. 2002). · cites it 8× “FACTS Appellants Josefina Sanchez Mendoza and Veronica Soto Alvarez, both Mexican nationals, were charged with multiple counts of first-degree controlled-substance crime, a violation of Minn.Stat. § 152.021 (2000), and one count of conspiracy to commit first-degree…”

State v. Porte, 832 N.W.2d 303 (Minn. Ct. App. 2013). · cites it 6× “The state charged Porte with seven offenses: first-degree controlled substance crime for possession with intent to sell more than 10 grams of cocaine, in violation of Minn.Stat. § 152.021, subd. 1(1) (2010); *307 second-degree controlled substance crime for possession of more…”

State v. DeShay, 669 N.W.2d 878 (Minn. 2003). · cites it 6× “Louis County with conspiracy to commit a controlled substance crime in the first degree for the benefit of a gang, Minn.Stat. §§ 152.021, subd. 1(1) (2002), 152.”

State v. McIntosh, 641 N.W.2d 3 (Minn. 2002). · cites it 7× “1 (2000) and Minn.Stat. § 152.021, subd. 1(1) (1998), controlled substance offense in the second degree as defined in Minn.”

State v. Litzau, 650 N.W.2d 177 (Minn. 2002). · cites it 4× “Appellant Kevin Richard Litzau was convicted of controlled substance crime in the first degree for possessing methamphetamine with intent to sell in violation of Minn.Stat. § 152.021, subds. 1(1), 3(b) (2000), and sentenced to 134 months in prison.”

State v. Kirby, 899 N.W.2d 485 (Minn. 2017). · cites it 6× “Appellant Michael William Kirby was sentenced to 161 months in prison for first-degree possession of methamphetamine, Minn. Stat. § 152.021 , subd. 2(a)(1) (2014).”

State v. Hanson, 800 N.W.2d 618 (Minn. 2011). · cites it 4× “Respondent Gerald Alan Hanson was charged with controlled substance crime in the first degree in violation of Minn.Stat. § 152.021, subd. 1(1) (2010) (possession of ten or more grams of a mixture containing methamphetamine with intent to sell); controlled substance crime in the…”

Minnesota v. Carter, 525 U.S. 83 (1999). · cites it 2× “Carter and Johns were charged with conspiracy to commit a controlled substance crime in the first degree and aiding and abetting in a controlled substance crime in the first degree, in violation of Minn. Stat. §§ 152.021 , subds. 1(1), 3(a), 609.”

Show all 165 citing cases →

— Minn. Stat. § 152.021(1) — 1 case

United States v. Sanchez-Martinez, 633 F.3d 658 (8th Cir. 2011).

— Minn. Stat. § 152.021(1)(2) — 1 case

Bruce Robert Nelson v. Sheryl Ramstad Hvass, 392 F.3d 320 (8th Cir. 2005).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.