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Subdivision 1.Sale crimes.
A person is guilty of controlled substance crime in the fourth degree if:
(1) the person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols;
(2) the person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule IV or V to a person under the age of 18; or
(3) the person conspires with or employs a person under the age of 18 to unlawfully sell a controlled substance classified in Schedule IV or V.
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Subd. 2.Possession crimes.
A person is guilty of controlled substance crime in the fourth degree if:
(1) the person unlawfully possesses one or more mixtures containing phencyclidine or hallucinogen, it is packaged in dosage units, and equals ten or more dosage units; or
(2) the person unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols, with the intent to sell it.
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Subd. 3.Penalty.
A person convicted under subdivision 1 or 2 may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $100,000, or both.
Notes of Decisions
Cited in
20
cases, 1991–2018 · leading case:
State v. Kuhnau, 622 N.W.2d 552 (Minn. 2001).
State v. Kuhnau, 622 N.W.2d 552 (Minn. 2001).
· cites it 4× “Kuhnau was also charged with one count controlled substance crime in the fourth degree (sale of methamphetamine) in violation of Minn. Stat. § 152.024 , subd. 1(1) (2000), and subd.”
State v. Bluhm, 676 N.W.2d 649 (Minn. 2004).
· cites it 6× “026 applies to mandatory sentences under sections 152.024, subdivision 3(b), and 152.”
State v. Richmond, 730 N.W.2d 62 (Minn. Ct. App. 2007).
· cites it 8× “May, Richmond moved to dismiss the complaint, contending that prosecuting him for sale of cocaine as a narcotic drug under the third-degree controlled-substance-crime statute violates the federal and state constitutions’ equal-protection provisions because the statute punishes…”
Garza v. State, 632 N.W.2d 633 (Minn. 2001).
· cites it 4× “Based upon evidence seized in the raids, including currency used by Fargo police for the controlled buy of narcotics, respondents were arrested and charged with one count each of a fourth-degree controlled substance crime in violation of Minn.Stat. § 152.024, subd. 1(4) (2000).…”
State v. Krause, 817 N.W.2d 136 (Minn. 2012).
· cites it 5× “1(1), 3(a) (2010); (c) Count III: Controlled substance crime in the fourth degree in violation of Minn.Stat. § 152.024, subds. 1(1), 3(a); and (d) Count IV: Controlled *140 substance crime in the fourth degree in violation of Minn.”
United States v. Michael Wayne Wadena, 895 F.3d 1075 (8th Cir. 2018).
· cites it 3× “1, and one conviction for possession with intent to sell in the fourth degree in violation of Minn. Stat. § 152.024 , subdiv. 2(2). 2 Accordingly, over Wadena's objection, the court sentenced him as an armed career criminal and imposed the 180-month mandatory-minimum sentence in…”
State v. Hunt, 615 N.W.2d 294 (Minn. 2000).
· cites it 2× “05 (1998); and one count of controlled substance crime in the fourth degree, in violation of Minn.Stat. §§ 152.024, subds. 1(1), 3(b), 152.”
State v. Borrego, 661 N.W.2d 663 (Minn. Ct. App. 2003).
· cites it 2× “Pursuant to a plea agreement, appellant pleaded guilty to fourth-degree possession of a controlled substance with intent to sell, in violation of Minn.Stat. § 152.024, subd. 2(2) (2000). The state agreed to dismiss all other charges and agreed “not [to] seek an upward departure.”
United States v. Bynum, 669 F.3d 880 (8th Cir. 2012).
“The indictment alleged that Bynum had prior Minnesota state convictions for First Degree Burglary, selling a narcotic drug in violation of MinmStat.”
State v. Aviles-Alvarez, 561 N.W.2d 523 (Minn. Ct. App. 1997).
· cites it 2× “Minn.Stat. § 152.024, subd. 1(1) (1996). Because Aviles admitted that he agreed to deliver a bag of methamphetamine for Santiago, went to Santiago’s home to pick up the drugs, and does not dispute that he received more than 50 grams of methamphetamine, the district court…”
State v. Rosse, 478 N.W.2d 482 (Minn. 1991).
· cites it 2× “Rosse was initially charged with a fourth degree violation, Minn.Stat. § 152.024, subd. 2(2) (1990) (aiding and abetting possession with intent to distribute LSD).”
In Re the Welfare of G.D., 473 N.W.2d 878 (Minn. Ct. App. 1991).
· cites it 2× “Minn.Stat. §§ 152.024, subds. 1(1), 2(2), 3(a), and 152.”
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