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3rd Degree Controlled Substance - Sale

There are 4 different ways to be charged with 3rd degree controlled substance - Sale

1. Hallucinogen

(Minn. Stat. § 152.023 Subd. 1(2))

The sale of at least 10 dosage units of a hallucinogen within 90 a day period is a 3rd degree controlled substance crime. 

3. Schedule I, II, or III to a minor

(Minn. Stat. § 152.023 Subd. 1(3))

The sale of any schedule I, II, or III controlled substance (with a few statutory exceptions) is a 3rd degree controlled substance crime.

2. "Narcotic"

(Minn. Stat. § 152.023 Subd. 1(1))

The sale of a controlled substance containing a "narcotic" as defined in Minnesota Statute 152.01 is a 3rd degree controlled substance crime. For reasons that do not make sense to me, Minnesota defines "narcotics" more broadly than what they are pharmacologically. See State v. Vernon, 283 N.W.2d 516 (Minn. 1979).

4. Employing a Minor

(Minn. Stat. § 152.023 Subd. 1(4))

Conspiring with or employing  a person under the age of 18 to sell schedule I, II, or III controlled substances is a 3rd degree controlled substance crime. 

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