Minnesota Statutes

Minn. Stat. § 152.027 (2026)

Other Controlled Substance Offenses

✓ current as of May 2026

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Subdivision 1.Sale of Schedule V controlled substance.

Except as provided in section 152.02, subdivision 6, a person who unlawfully sells one or more mixtures containing a controlled substance classified in Schedule V may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.

Subd. 2.Possession of Schedule V controlled substance.

Except as provided in section 152.02, subdivision 6, a person who unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule V may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both. The court may order that a person who is convicted under this subdivision and placed on probation be required to take part in a drug education program as specified by the court.

Subd. 3.

MS 2022 [Repealed, 2023 c 63 art 6 s 73]

Subd. 4.

MS 2022 [Repealed, 2023 c 63 art 6 s 73]

Subd. 5.Sale or possession of salvia divinorum.

(a) A person who unlawfully sells any amount of salvia divinorum or salvinorin A is guilty of a gross misdemeanor.

(b) A person who unlawfully possesses any amount of salvia divinorum or salvinorin A is guilty of a misdemeanor.

Subd. 6.Sale or possession of synthetic cannabinoids.

(a) As used in this subdivision, "synthetic cannabinoid" includes any substance included in section 152.02, subdivision 2, paragraph (h), clause (3).

(b) A person who unlawfully sells a synthetic cannabinoid for no remuneration is guilty of a gross misdemeanor.

(c) A person who unlawfully sells a synthetic cannabinoid is guilty of a felony and if convicted 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.

(d) A person who unlawfully possesses any amount of a synthetic cannabinoid is guilty of a misdemeanor.

(e) Notwithstanding any contrary provision in sections 152.021 to 152.025, this subdivision describes the exclusive penalties for the sale and possession of synthetic cannabinoid.

Subd. 7.Sale or possession of kratom.

(a) A person who unlawfully sells any amount of kratom or a substance that contains mitragynine or 7-hydroxymitragynine to a person under the age of 18 is guilty of a gross misdemeanor.

(b) A person under the age of 18 who unlawfully possesses any amount of kratom or a substance that contains mitragynine or 7-hydroxymitragynine is guilty of a misdemeanor.

Notes of Decisions

Cited in 46 cases (7 in the last 5 years), 1991–2026 · leading case: State v. Loge, 608 N.W.2d 152 (Minn. 2000).

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State v. Loge, 608 N.W.2d 152 (Minn. 2000). · cites it 23× “Minn.Stat. § 152.027, subd. 3 (1998) (emphasis added).”

State v. Brooks, 838 N.W.2d 563 (Minn. 2013). · cites it 4× “092 (2012), possession of marijuana in a motor vehicle, Minn.Stat. § 152.027, subd. 3 (2012), and not having a driver’s license in his possession, Minn.”

Moncrieffe v. Holder, 133 S. Ct. 1678 (2013). · cites it 2× “410 (2009); Minn. Stat. §152.027 (4)(a) (2010); N. M.”

Illinois v. McArthur, 531 U.S. 326 (2001). · cites it 2× “§ 18-18-406 (1) (1999) ($100 fine); Minn. Stat. § 152.027 (4) (2000) ($200 fine and drug education); Miss.”

State v. Courtney, 696 N.W.2d 73 (Minn. 2005). · cites it 2× “667 (2004), and possession of marijuana in violation of Minn.Stat. §§ 152.027, subd. 4(a), and 152.”

State v. Wynne, 552 N.W.2d 218 (Minn. 1996). · cites it 4× “Wynne was charged with felony possession of a controlled substance in the fifth degree in violation of Minn.Stat. § 152.025, subd.”

Robinson, Williams & Spriggs v. State, 152 A.3d 661 (Md. 2017). “) § 5-601(c)(2)(ii); Minn. Stat. § 152.027 Subd. 4(a); Miss. Code Ann.”

Rarity Abdullah v. Eathan Weinzeirl, 261 F. App'x 926 (8th Cir. 2008). “See Minn.Stat. §§ 152.027, subd. 4 (person who unlawfully possesses small amount of marijuana is guilty of petty misdemeanor), 609.”

United States v. Juan Castillo-Rivera, 853 F.3d 218 (5th Cir. 2017). “"a person who has been convicted in Minnesota or Minn. Stat. § 152.027 (6) makes possession of a elsewhere of a misdemeanor or gross misdemeanor synthetic cannabinoid a misdemeanor punishable 18 Minnesota Minn.”

State v. McGrath, 706 N.W.2d 532 (Minn. Ct. App. 2005). · cites it 2× “Minn.Stat. § 626.07(3) (2004) (“A search warrant may be issued upon any of the following grounds: .”

State v. Mallan, 950 P.2d 178 (Haw. 1998). · cites it 2× “7404 (West 1992); Minn.Stat. Ann. § 152.027 (West Supp.1997); Miss.”

State v. LaRose, 673 N.W.2d 157 (Minn. Ct. App. 2004). · cites it 6× “Minn.Stat. § 152.027, subd. 4 (2002). Minnesota has adopted the Cabazon analysis with a two-step test: The first step is to determine the focus of the Cabazon analysis.”

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— Minn. Stat. § 152.027(4)(a) — 1 case

Moncrieffe v. Holder, 133 S. Ct. 1678 (2013). “410 (2009); Minn. Stat. §152.027 (4)(a) (2010); N. M.”

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