Minnesota Statutes

Minn. Stat. § 152.097 (2026)

Simulated Controlled Substances

✓ current as of May 2026

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Subdivision 1.Prohibition.

It is unlawful for any person knowingly to manufacture, sell, transfer or deliver or attempt to sell, transfer or deliver a noncontrolled substance upon:

(1) the express representation that the noncontrolled substance is a narcotic or nonnarcotic controlled substance; or

(2) the express representation that the substance is of such nature or appearance that the recipient of the delivery will be able to sell, transfer or deliver the substance as a controlled substance; or

(3) under circumstances which would lead a reasonable person to believe that the substance was a controlled substance. Any of the following factors shall constitute relevant evidence:

(i) the noncontrolled substance was packaged in a manner normally used for the illegal delivery of controlled substances; or

(ii) the delivery or attempted delivery included an exchange of or demand for money or other valuable property as consideration for delivery of the noncontrolled substance, and the amount of the consideration was substantially in excess of the reasonable value of the noncontrolled substance; or

(iii) the physical appearance of the noncontrolled substance is substantially identical to a specified controlled substance.

Subd. 2.No defense.

In any prosecution under this section, it is no defense that the accused believed the noncontrolled substance to actually be a controlled substance.

Subd. 3.Exemption.

This section does not apply to the prescribing and dispensing of placebos by licensed practitioners and licensed pharmacists.

Subd. 4.Penalty.

A person who violates this section may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $20,000, or both. Sentencing for a conviction for attempting to sell, transfer, or deliver a noncontrolled substance in violation of this section is governed by section 609.17, subdivision 4.

Notes of Decisions

Cited in 7 cases, 1994–2016 · leading case: State v. Kuhnau, 622 N.W.2d 552 (Minn. 2001).

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State v. Kuhnau, 622 N.W.2d 552 (Minn. 2001). · cites it 8× “[5] We note that appellant was not charged with conspiracy to sell a simulated controlled substance in violation of Minn.Stat. § 152.097. [6] To conclude, as the dissent does, that the district court did not abuse its discretion would necessitate our complete disregard for the…”

State v. Olhausen, 681 N.W.2d 21 (Minn. 2004). · cites it 2× “(pointing to Minn.Stat. § 152.097 (2002) (simulated controlled substance crimes)).”

State v. Robinson, 517 N.W.2d 336 (Minn. 1994). · cites it 2× “See Minn.Stat. § 152.097 (1992) (sale of simulated controlled substance).”

State v. Olhausen, 669 N.W.2d 385 (Minn. Ct. App. 2003). · cites it 4× “See Minn. Stat. § 152.097 (2002) (sale of simulated controlled substance).”

State of Minnesota v. Darren Clinton (Minn. Ct. App. 2016). · cites it 2× “Police arrested him and he pleaded guilty to violating Minnesota Statutes section 152.097, subdivision 1(3) (2014).”

State of Minnesota v. Lukas Roy Miller (Minn. Ct. App. 2014). · cites it 2× “1(1) (2012), on August 10; and sale of a noncontrolled substance represented as a controlled substance in violation of Minn. Stat. § 152.097 , subd. 1(1) (2012), on August 3.”

State of Minnesota v. Daniel Dean Kruse (Minn. Ct. App. 2015). · cites it 2× “The court noted that “in the case of substances not homogeneously packaged, drug dealers are known to substitute placebos for the real thing” and referenced the Minnesota Legislature’s decision to criminalize the sale of simulated controlled substances under Minn. Stat. §…”

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