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Subdivision 1.Sale crimes.
A person is guilty of controlled substance crime in the third degree if:
(1) the person unlawfully sells one or more mixtures containing a narcotic drug;
(2) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures containing phencyclidine or hallucinogen, it is packaged in dosage units, and equals ten or more dosage units;
(3) the person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule I, II, or III, except a Schedule I or II narcotic drug, cannabis flower, or cannabinoid products to a person under the age of 18; or
(4) the person conspires with or employs a person under the age of 18 to unlawfully sell one or more mixtures containing a controlled substance listed in Schedule I, II, or III, except a Schedule I or II narcotic drug, cannabis flower, or cannabinoid products.
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Subd. 2.Possession crimes.
(a) A person is guilty of controlled substance crime in the third degree if:
(1) on one or more occasions within a 90-day period the person unlawfully possesses 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 possesses one or more mixtures of: (i) a total weight of three grams or more containing heroin; or (ii) a total weight of five grams or more, or 25 dosage units or more, containing fentanyl;
(3) on one or more occasions within a 90-day period the person unlawfully possesses one or more mixtures containing a narcotic drug other than heroin or fentanyl, it is packaged in dosage units, and equals 50 or more dosage units;
(4) on one or more occasions within a 90-day period the person unlawfully possesses any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone, or a drug treatment facility;
(5) on one or more occasions within a 90-day period the person unlawfully possesses:
(i) more than ten kilograms of cannabis flower;
(ii) more than two kilograms 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 200 grams of tetrahydrocannabinol; or
(6) the person unlawfully possesses one or more mixtures containing methamphetamine or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment facility.
(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.
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Subd. 3.Penalty.
(a) A person convicted under subdivision 1 or 2 may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $250,000, or both.
(b) In a prosecution under subdivision 1 or 2 involving sales or acts of possession by the same person in two or more counties within a 90-day period, the person may be prosecuted in any county in which one of the sales or acts of possession occurred.
Notes of Decisions
Cited in
103
cases (
14 in the last 5 years), 1990–2025 · leading case:
State v. Russell, 477 N.W.2d 886 (Minn. 1991).
State v. Russell, 477 N.W.2d 886 (Minn. 1991).
· cites it 34× “2(1) (1989), as it is applied, violate the equal protection clauses of the Fourteenth Amendment of the United States Constitution and the Minnesota Constitution, Article 1, Section 2? Under Minn.Stat. § 152.023, subd. 2, a person is guilty of a third degree offense if he or she…”
State v. Clausen, 493 N.W.2d 113 (Minn. 1992).
· cites it 56× “Respondent was convicted in Hennepin County District Court on two counts: Count I, third-degree possession of a controlled substance, Minn.Stat. § 152.023, subd. 2(2) (1990), and Count II, third-degree possession with an intent to sell a controlled substance, Minn.”
State v. Benniefield, 678 N.W.2d 42 (Minn. 2004).
· cites it 17× “Benniefield was charged with violation under Minn.Stat. § 152.023, subd. 2(4) (2000), a third-degree controlled substance offense for possession of any amount of a Schedule II narcotic drug “in a school zone, a park zone, a public housing zone, or a drug treatment facility.”
State v. Carufel, 783 N.W.2d 539 (Minn. 2010).
· cites it 16× “Carufel was found guilty of three counts of third-degree controlled substance crime in violation of Minn.Stat. § 152.023, subd. 1(1) (2008) (prohibiting the sale of cocaine), and three counts of second-degree controlled substance crime in violation of Minn.”
State v. DeShay, 669 N.W.2d 878 (Minn. 2003).
· cites it 8× “2 (2002), and committing a controlled substance crime in the third degree for the benefit of a gang, Minn.Stat. §§ 152.023, subd. 1(1) (2002), and 609.”
State v. Richmond, 730 N.W.2d 62 (Minn. Ct. App. 2007).
· cites it 11× “In January 2006, the state charged Richmond with third-degree controlled-substance crime in violation of Minn.Stat. § 152.023, subd. 1(1) (2004) (proscribing the sale of one or more mixtures containing a narcotic drug).”
Abshir Abtidon Barrow v. State of Minnesota, 862 N.W.2d 686 (Minn. 2015).
· cites it 12× “Appellant Abshir Abtidon Barrow pleaded guilty to one count of third-degree sale of a narcotic drug, Minn.Stat. § 152.023, subd. 1(1) (2014), and was sentenced to 15 months in prison.”
State v. Caulfield, 722 N.W.2d 304 (Minn. 2006).
· cites it 4× “Later, the charge was upgraded to third-degree sale of a controlled substance in violation of Minn.Stat. § 152.023, subd. 1(1) (2004). Subsequently, the BCA report was issued, and the BCA analyst was added to the state's witness list for Caulfield's trial.”
State v. Bauer, 792 N.W.2d 825 (Minn. 2011).
· cites it 6× “Specifically, the State charged Bauer with: sale of a controlled substance in the third degree, Minn.Stat. § 152.023, subd. 1(2) (2010) (count 1); failure to affix tax stamps to a controlled substance, Minn.”
State v. Bauer, 776 N.W.2d 462 (Minn. Ct. App. 2009).
· cites it 8× “Bauer was arrested on October 23, 2006, and charged by amended complaint with third-degree controlled-substance crime, a violation of Minn.Stat. § 152.023, subds. 1(2), 3(a) (2004) (sale of ecstasy); distribution of a controlled-substance without affixed tax stamps, a violation…”
State v. Turck, 728 N.W.2d 544 (Minn. Ct. App. 2007).
· cites it 17× “On appeal from the district court’s decision to stay execution of respondent’s sentence and place him on probation, appellant State of Minnesota argues that the district court erred by failing to impose the mandatory-minimum sentence required under Minn.Stat. § 152.023, subd.…”
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