| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

152.021.3(d)

Statute ID: 16183

Statute Function ID: 34284

Drugs - 1st Degree - Sale or Possession - Penalty; Convicted under subd. 2b

In Effect

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Penalty

Classifications

Offense Level:

Felony (F)

General Offense Code:

Drug (3)

Offense Summary Code & Rank:

Drugs (D) (Rank 14)

Detailed Offense Code:

Controlled Substance Crime - First Degree (300.1)

Offense Severity Level:

Function Text:

UCR Code

Description

Flags

Crime of Violence:

Yes

Targeted Misdemeanor:

Predatory Offender Registration Review:

Enhanceable:

Certify to DPS:

Report to DNR:

DPS Group:

Conditional Release:

Payable:

Petty Misdemeanor Only if Prosecutor Certifies:

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

152.021.3(d)

Enactment Date:

May 23, 2016

Effective Date:

Aug 1, 2016

Expiration Date:

Repealed?:

Summary Text:

Drugs - 1st Degree - Sale or Possession - Penalty; Convicted under subd. 2b

Statute ID:

16183

Created:

Jul 8, 2016 by mnjis.legal.analyst@state.mn.us

Updated:

Jul 8, 2016 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Summary Text:

Drugs - 1st Degree - Sale or Possession - Penalty; Convicted under subd. 2b

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/152/021.html

Legislative Session:

2016 - Regular

Session Law Text?:

Statute text last updated on:

Jul 8, 2016

(a) A person convicted under subdivisions 1 to 2a, paragraph (a), may be sentenced to imprisonment for not more than 30 years or to payment of a fine of not more than $1,000,000, or both.
 
(b) If the conviction is a subsequent controlled substance conviction, a person convicted under subdivisions 1 to 2a, paragraph (a), shall be committed to the commissioner of corrections for not less than four years nor more than 40 years and, in addition, may be sentenced to payment of a fine of not more than $1,000,000.

(c) If the defendant is convicted under subdivision 1, clause (1), (2), (3), (4), or (5), or subdivision 2, paragraph (a), clause (1), (2), or (3), and the defendant or an accomplice sold or possessed 100 or more grams or 500 or more dosage units of a mixture containing the controlled substance at issue, that person shall be committed to the commissioner of corrections for not less than 65 months or the presumptive fixed sentence under the Minnesota Sentencing Guidelines, whichever is greater, nor more than 40 years and may be sentenced to payment of a fine of not more than $1,000,000, or both. If a person to be sentenced under this paragraph for a conviction under subdivision 2, paragraph (a), clause (1), (2), or (3), has not previously been convicted of an offense under section 152.021, 152.022, or 152.023, or of a similar offense by the United States or another state, the prosecutor may, prior to the time of sentencing, file a motion to have the person sentenced without regard to the mandatory minimum sentence established by this paragraph. The motion shall be accompanied by a statement on the record of the reasons for it. When presented with the motion, or on its own motion, the court may sentence the person without regard to this mandatory minimum sentence if the court finds substantial and compelling reasons to do so; such a sentence is a departure from the Sentencing Guidelines.

(d) A person convicted under subdivision 2b shall be committed to the commissioner of corrections for not less than 86 months or the presumptive fixed sentence under the Minnesota Sentencing Guidelines, whichever is greater, nor more than 40 years and may be sentenced to payment of a fine of not more than $1,000,000, or both.

(e) In a prosecution under subdivisions 1 to 2b involving sales by the same person in two or more counties within a 90-day period, the person may be prosecuted for all of the sales in any county in which one of the sales occurred.