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Subdivision 1.Sale crimes.
A person is guilty of a controlled substance crime in the fifth degree and upon conviction may be sentenced as provided in subdivision 4 if the person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule IV.
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Subd. 2.Possession and other crimes.
(a) A person is guilty of controlled substance crime in the fifth degree and upon conviction may be sentenced as provided in subdivision 4 if:
(1) the person unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule I, II, III, or IV, except cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products or a residual amount of one or more mixtures of controlled substances contained in drug paraphernalia; or
(2) the person procures, attempts to procure, possesses, or has control over a controlled substance by any of the following means:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) using a false name or giving false credit; or
(iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer, wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of obtaining a controlled substance.
(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. 4.Penalty.
(a) A person convicted under the provisions of subdivision 2, clause (1), who has not been previously convicted of a violation of this chapter or a similar offense in another jurisdiction, is guilty of a gross misdemeanor if: (1) the amount of the controlled substance possessed, other than heroin, is less than 0.25 grams or one dosage unit or less if the controlled substance was possessed in dosage units; or (2) the controlled substance possessed is heroin and the amount possessed is less than 0.05 grams.
(b) A person convicted under the provisions of subdivision 1; subdivision 2, clause (1), unless the conduct is described in paragraph (a); or subdivision 2, clause (2), may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
(c) If a peace officer encounters a person who is suspected of violating this section, the peace officer may refer the person to a local service provider that can offer substance use assistance to the person. Upon request at the time of initial contact, a peace officer must, if practicable and available, provide a person suspected of violating this section with a referral to local service providers. For purposes of this paragraph, "local service provider" includes but is not limited to substance use disorder treatment and recovery providers, peer support groups and systems, homeless shelters, detoxification centers, hospital systems, mental health crisis centers, naloxone providers, syringe service providers, and harm reduction programs.
Notes of Decisions
Cited in
220
cases (
26 in the last 5 years), 1991–2026 · leading case:
State v. Bluhm, 676 N.W.2d 649 (Minn. 2004).
State v. Bluhm, 676 N.W.2d 649 (Minn. 2004).
· cites it 96× “In this case, respondent Amber Lynn Bluhm pleaded guilty to fifth-degree controlled substance crime.”
State v. Askerooth, 681 N.W.2d 353 (Minn. 2004).
· cites it 8× “Based on this information, the county attorney charged Askerooth with fifth-degree possession of a controlled substance in violation of Minn.Stat. § 152.025, subd. 2(1) (2002). Askerooth moved to suppress the methamphetamine on the ground that it was discovered as a result of an…”
State v. Scovel, 916 N.W.2d 550 (Minn. 2018).
· cites it 10× “In 2007, Scovel pleaded guilty to fifth-degree possession of a controlled substance (2007 felony conviction), Minn. Stat. § 152.025 , subds. 2-3 (2006).”
State v. Strobel, 932 N.W.2d 303 (Minn. 2019).
· cites it 18× “In 2012, Strobel was convicted of the prior offense: fifth-degree possession of a controlled substance, in violation of Minn. Stat. § 152.025 , subd. 2(a)(1) (2014).”
State v. Ortega, 770 N.W.2d 145 (Minn. 2009).
· cites it 5× “Appellant Danny Ortega was charged with one count of fifth-degree cocaine possession under Minn.Stat. § 152.025, subd. 2(1) (2008). Before trial, Ortega moved to suppress all evidence of his narcotics possession, contending that the evidence was the product of an illegal search…”
State v. Souto, 578 N.W.2d 744 (Minn. 1998).
· cites it 8× “Debra Ann Souto appeals from her conviction in the Pennington County District Court for possession of a controlled substance in the fifth degree in violation of Minn.Stat. § 152.025, subd. 1(2), 3(b) (1996).”
State v. Caulfield, 722 N.W.2d 304 (Minn. 2006).
· cites it 4× “Caulfield was initially charged with fifth-degree possession of a controlled substance, in violation of Minn.Stat. § 152.025, subd. 2(1) (2004). Later, the charge was upgraded to third-degree sale of a controlled substance in violation of Minn.”
State v. Strobel, 921 N.W.2d 563 (Minn. Ct. App. 2018).
· cites it 18× “Minn. Stat. § 152.025 , subd. 4(a). The DSRA-amended version of the fifth-degree controlled-substance statute became effective on August 1, 2016, 2016 Minn.”
State v. Wiegand, 645 N.W.2d 125 (Minn. 2002).
· cites it 4× “Appellants Rolan Wiegand, Lorna Quesette Matthews, and Almond Baxter Longley were charged with fifth-degree possession of controlled substance in violation of Minn.Stat. § 152.025, subd. 2(1) (2000). They moved to suppress the evidence obtained as a result of a search of the…”
State v. Gallus, 481 N.W.2d 116 (Minn. Ct. App. 1992).
· cites it 33× “The trial court concluded that Minn.Stat. § 152.025, subd. 1(1), is violated only when a defendant possesses more than 42.”
State v. Bauer, 776 N.W.2d 462 (Minn. Ct. App. 2009).
· cites it 8× “la (2004); two counts of fifth-degree controlled-substance crime, a violation of Minn.Stat. § 152.025, subds. 1(1), 3(a) (2004) (sale of marijuana); and conspiracy to commit fifth-degree controlled-substance crime, a violation of Minn.”
State v. Harris, 590 N.W.2d 90 (Minn. 1999).
· cites it 4× “After a short skirmish in which Harris struck Pyka in the chest and Bratsch struck Harris in the eye, Harris was taken into custody and charged with fifth-degree possession of a controlled substance with intent to distribute, in violation of Minn.Stat. § 152.025, subs. 1(1) and…”
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