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152.023.2

Statute ID: 18977

Statute Function ID: 38528

Drugs - 3rd Degree Controlled Substance - Possession

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

152.023.2

Enactment Date:

May 23, 2025

Effective Date:

Aug 1, 2023

Expiration Date:

Repealed?:

Summary Text:

Drugs - 3rd Degree Controlled Substance - Possession

Statute ID:

18977

Created:

Jul 10, 2023 by mnjis.legal.analyst@state.mn.us

Updated:

Jun 2, 2025 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Corrected

Legal Analyst Comment:

2025 C35 Art4 Sect3; Effective DAE retroactive to 08/01/2023; Correction to (b) no new codes

Summary Text:

Drugs - 3rd Degree Controlled Substance - Possession

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/152/023.html

Legislative Session:

2025 - Regular

Session Law Text?:

Statute text last updated on:

Jun 2, 2025

(a) A person is guilty of controlled substance crime in the third degree if:

(1) on one or more occasions within a 90-day period the person unlawfully possesses one or more mixtures of a total weight of ten grams or more containing a narcotic drug other than heroin or fentanyl;

(2) on one or more occasions within a 90-day period the person unlawfully possesses one or more mixtures of: (i) a total weight of three grams or more containing heroin; or (ii) a total weight of five grams or more, or 25 dosage units or more, containing fentanyl;

(3) on one or more occasions within a 90-day period the person unlawfully possesses one or more mixtures containing a narcotic drug other than heroin or fentanyl, it is packaged in dosage units, and equals 50 or more dosage units;

(4) on one or more occasions within a 90-day period the person unlawfully possesses any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone, or a drug treatment facility;

(5) on one or more occasions within a 90-day period the person unlawfully possesses:

(i) more than ten kilograms of cannabis flower;

(ii) more than two kilograms of cannabis concentrate; or

(iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer products, or any combination of those infused with more than 200 grams of tetrahydrocannabinol; or

(6) the person unlawfully possesses one or more mixtures containing methamphetamine or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment facility.

(b) For the purposes of this subdivision, a mixture does not include the fluid used in a water pipe or any amount of a controlled substance that is dissolved in the pipe's fluid