| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

152.097

Statute ID: 9935

Drugs - Simulated

In Effect

New Search Refine Search Back to Results

Details are only available for Penalty and Charging Statutes.

Statute Number:

152.097

Enactment Date:

Jan 1, 1859

Effective Date:

Aug 1, 1982

Expiration Date:

Repealed?:

Summary Text:

Drugs - Simulated

Statute ID:

9935

Created:

Apr 2, 2007 by mnjis.legal.analyst@state.mn.us

Updated:

Apr 2, 2007 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Legal Analyst Comment:

Summary Text:

Drugs - Simulated

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/152/097.html

Legislative Session:

0 - NA

Session Law Text?:

Statute text last updated on:

Apr 2, 2007

Subdivision 1.  
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.



Subd. 4.   
A person who violates this section may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $20,000, or both. Sentencing for a conviction for attempting to sell, transfer, or deliver a noncontrolled substance in violation of this section is governed by section 609.17, subdivision 4.