Section 152.027 - OTHER CONTROLLED SUBSTANCE OFFENSESSubdivision 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Subd. 3.MS 2022 [Repealed, 2023 c 63 art 6 s 73]
Subd. 4.MS 2022 [Repealed, 2023 c 63 art 6 s 73]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.1989 c 290 art 3 s 14; 2005 c 10 art 3 s 8; 2005 c 136 art 7 s 7, 8; 2010 c 368 s 1; 2011 c 53 s 9; 2011 c 76 art 1 s 20; 2012 c 240 s 2
Amended by 2023 Minn. Laws, ch. 63,s 6-73, eff. 8/1/2023.Amended by 2018 Minn. Laws, ch. 195,s 1-3, eff. 8/1/2018.