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4th Degree Controlled Substance - Possession

There are 2 different ways to be charged with 4th degree controlled substance - Possession

1. Hallucinogen

(Minn. Stat. § 152.024 Subd. 2(1))

The possession of at least 10 dosage units of hallucinogen is a 4th degree controlled substance crime.

2. Possess with intent to sell

(Minn. Stat. § 154.024 Subd. 2(2))

Possession with the intent to sell is an anomaly in Minnesota's drug laws. Everywhere else there is a sharp distinction between sales and possession. But the legislature made a bizarre decision to merge the two under this subdivision. 

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