Minnesota Statutes

Minn. Stat. § 152.022 (2026)

Controlled Substance Crime In The Second Degree

✓ current as of May 2026

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Subdivision 1.Sale crimes.

A person is guilty of controlled substance crime in the second 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 ten grams or more containing a narcotic drug other than heroin or fentanyl;

(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:

(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 three 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 three grams or more, or 12 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 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;

(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

(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:

(i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine; or

(ii) one or more mixtures containing methamphetamine or amphetamine.

Subd. 2.Possession crimes.

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

(1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing cocaine or methamphetamine;

(2) the person unlawfully possesses 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 three aggravating factors;

(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;

(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;

(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

(6) the person unlawfully possesses:

(i) 25 kilograms or more of cannabis flower;

(ii) five 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 500 grams 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. 3.Penalty.

(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.

(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.

(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.

Notes of Decisions

Cited in 122 cases (16 in the last 5 years), 1990–2026 · leading case: State v. Carufel, 783 N.W.2d 539 (Minn. 2010).

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State v. Carufel, 783 N.W.2d 539 (Minn. 2010). · cites it 20× “1(1) (2008) (prohibiting the sale of cocaine), and three counts of second-degree controlled substance crime in violation of Minn.Stat. § 152.022, subd. 1(6)(i) (2008) (prohibiting the sale of cocaine in a park zone).”

State v. Jackson, 742 N.W.2d 163 (Minn. 2007). · cites it 8× “Susan Ranae Jackson was charged with two counts of second-degree controlled substance crime in violation of Minn.Stat. § 152.022, subds. 1(1), 2(1) (2006), and two counts of child endangerment in violation of Minn.”

State v. Kuhnau, 622 N.W.2d 552 (Minn. 2001). · cites it 4× “3 (2000), and two counts controlled substance crime in the second degree (sale of ten grams or *554 more of methamphetamine) in violation of Minn.Stat. § 152.022, subd. 1(2) (1996), and subd.”

State v. Carter, 697 N.W.2d 199 (Minn. 2005). · cites it 4× “" [2] Appellant also was charged with possession with intent to sell a controlled substance under Minn.Stat. § 152.022, subds. 1(1) and 3(b) (2004).”

State v. McIntosh, 641 N.W.2d 3 (Minn. 2002). · cites it 5× “On the fourth conviction, controlled substance offense in the second degree for the sale of 3 grams or more of cocaine as defined in Minn.Stat. § 152.022 (1998), the district court upwardly departed from the presumptive guideline sentence of 98 months and imposed a sentence of…”

State v. Adams, 791 N.W.2d 757 (Minn. Ct. App. 2010). · cites it 19× “On appeal from a stay of execution of respondent’s sentence, the state argues that the district court erred by not executing the mandatory minimum sentence under Minn.Stat. § 152.022, subd. 3(b). Because we conclude that the district court erred, we reverse and remand for…”

State of Minnesota v. Jose Martin Lugo, Jr., 887 N.W.2d 476 (Minn. 2016). · cites it 3× “§ 152.022 , subds. 2(a)(1), 3(b) (2014) (possession of methamphetamine); driving after revocation, Minn.”

State v. Frazier, 649 N.W.2d 828 (Minn. 2002). · cites it 4× “1 (2000), (2) two counts of second-degree controlled substance crime in violation of Minn.Stat. § 152.022, subd. 1(6) (2000), and (3) two counts of third-degree controlled substance crime in violation of Minn.”

State v. Papadakis, 643 N.W.2d 349 (Minn. Ct. App. 2002). · cites it 4× “After a bench trial, the district court found appellant guilty of second-degree eontrolled-substance possession in violation of Minn.Stat. § 152.022, subds. 2(1), 3(a) (2000).”

State v. Marchbanks, 632 N.W.2d 725 (Minn. Ct. App. 2001). · cites it 4× “1(b) and 2 (2000), second-degree controlled substance sale, a violation of Minn.Stat. § 152.022, subd. 1(1) (2000), and second-degree controlled substance possession, a violation of Minn.”

State v. Porte, 832 N.W.2d 303 (Minn. Ct. App. 2013). · cites it 2× “1(1) (2010); *307 second-degree controlled substance crime for possession of more than 6 grams of cocaine, in violation of Minn.Stat. § 152.022, subd. 2(1) (2010); fifth-degree controlled substance crime for possession of marijuana, in violation of Minn.”

State v. Scovel, 916 N.W.2d 550 (Minn. 2018). · cites it 2× “Ultimately, the parties reached a plea agreement in which Scovel would plead guilty to an amended charge of second-degree sale of a controlled substance, Minn. Stat. § 152.022 , subd. 1(1) (2014), and receive a 70-month presumptive sentence based on a criminal history score of 2.”

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