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Minnesota Criminal Justice Statute Service
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152.097.1(3)(iii)
Statute ID:
12745
Statute Function ID:
28002
Drugs - Simulated - Appearance of Noncontrolled Substance Identical to Controlled Substance
In Effect
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Function Details
History
Text
Charge
Classifications
Offense Level:
Felony (F)
General Offense Code:
Drug (3)
Offense Summary Code & Rank:
Drugs (D) (Rank 14)
Detailed Offense Code:
Sale Simulated Controlled Substance (391)
Offense Severity Level:
D1
Function Text:
Taking off inadvertent payable flag 04.17.2013
UCR Code
Description
35A
Drug/Narcotic Offenses-Drug/Narcotic Violations
Flags
Crime of Violence:
Yes
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
No
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
No
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
152.097.1(3)(iii)
Enactment Date:
Jan 1, 1859
Effective Date:
Oct 22, 2008
Expiration Date:
Repealed?:
No
Summary Text:
Drugs - Simulated - Appearance of Noncontrolled Substance Identical to Controlled Substance
Statute ID:
12745
Created:
Jan 22, 2009 by mnjis.legal.analyst@state.mn.us
Updated:
Mar 17, 2017 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Added
Legal Analyst Comment:
Revisor change from (c)(iii) to (3)(iii). Change first appears in 2008
Summary Text:
Drugs - Simulated - Appearance of Noncontrolled Substance Identical to Controlled Substance
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/152/097.html
Legislative Session:
2008 - Regular
Session Law Text?:
No
Statute text last updated on:
Oct 3, 2019
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.
