| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

152.023.2(a)(4)

Statute ID: 18983

Statute Function ID: 38534

Drugs - 3rd Degree - Poss. Sch 1 or 2 Narcotic, LSD, MDA, or MDMA in School/Park/Public Housing Zone

In Effect

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Charge

Classifications

Offense Level:

Felony (F)

General Offense Code:

Drug (3)

Offense Summary Code & Rank:

Drugs (D) (Rank 14)

Detailed Offense Code:

Controlled Substance Crime - Possession, Third Degree (300.32)

Offense Severity Level:

Function Text:

UCR Code

Description

35A

Drug/Narcotic Offenses-Drug/Narcotic Violations

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:

Yes

Wildlife Restitution:

Statute Number:

152.023.2(a)(4)

Enactment Date:

May 23, 2025

Effective Date:

Aug 1, 2023

Expiration Date:

Repealed?:

Summary Text:

Drugs - 3rd Degree - Poss. Sch 1 or 2 Narcotic, LSD, MDA, or MDMA in School/Park/Public Housing Zone

Statute ID:

18983

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 - Poss. Sch 1 or 2 Narcotic, LSD, MDA, or MDMA in School/Park/Public Housing Zone

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