Minnesota Statutes 152.0264 – Cannabis Sale Crimes
Subdivision 1.Sale of cannabis in the first degree.
An adult is guilty of the sale of cannabis in the first degree and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the adult unlawfully sells more than two ounces of cannabis flower; more than eight grams of cannabis concentrate; or edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer products infused with more than 800 milligrams of tetrahydrocannabinol:
Attorney's Note
Under the Minnesota Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Misdemeanor | up to 90 days | up to $1,000 |
| Petty misdemeanor | up to $300 |
Terms Used In Minnesota Statutes 152.0264
- Adult: means an individual 18 years of age or older. See Minnesota Statutes 645.451
- Cannabis concentrate: has the meaning given in section 342. See Minnesota Statutes 152.01
- Cannabis flower: has the meaning given in section 342. See Minnesota Statutes 152.01
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- drug: includes all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either humans or other animals. See Minnesota Statutes 152.01
- Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
- Park zone: includes the area within 300 feet or one city block, whichever distance is greater, of the park boundary. See Minnesota Statutes 152.01
- School zone: means :
(1) any property owned, leased, or controlled by a school district or an organization operating a nonpublic school, as defined in section 123B. See Minnesota Statutes 152.01
- Unlawfully: means selling or possessing a controlled substance in a manner not authorized by law. See Minnesota Statutes 152.01
(1) to a minor and the defendant is more than 36 months older than the minor;
(2) within ten years of two or more convictions under subdivision 2 or 3; or
(3) within ten years of a conviction under this subdivision.
Subd. 2.Sale of cannabis in the second degree.
An adult is guilty of sale of cannabis in the second degree and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both, if the adult:
(1) unlawfully sells more than two ounces of cannabis flower; more than eight grams of cannabis concentrate; or edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer products infused with more than 800 milligrams of tetrahydrocannabinol:
(i) in a school zone, a park zone, or a drug treatment facility; or
(ii) within ten years of a conviction under subdivision 1, 2, or 3; or
(2) unlawfully sells cannabis flower, cannabis concentrate, edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer products to a minor.
Subd. 3.Sale of cannabis in the third degree.
An adult is guilty of sale of cannabis in the third degree and may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both, if the adult unlawfully sells:
(1) more than two ounces of cannabis flower;
(2) more than eight grams of cannabis concentrate; or
(3) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer products infused with more than 800 milligrams of tetrahydrocannabinol.
Subd. 4.Sale of cannabis in the fourth degree.
(a) An adult is guilty of a petty misdemeanor if the adult unlawfully sells:
(1) not more than two ounces of cannabis flower;
(2) not more than eight grams of cannabis concentrate; or
(3) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer products infused with not more than 800 milligrams of tetrahydrocannabinol.
(b) A sale for no remuneration by an individual over the age of 21 to another individual over the age of 21 is not an unlawful sale under this subdivision.
Subd. 5.Sale of cannabis by a minor.
(a) A minor is guilty of a petty misdemeanor if the minor unlawfully sells:
(1) not more than two ounces of cannabis flower;
(2) not more than eight grams of cannabis concentrate; or
(3) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer products infused with not more than 800 milligrams of tetrahydrocannabinol.
(b) A minor is guilty of a misdemeanor if the minor unlawfully sells:
(1) more than two ounces of cannabis flower;
(2) more than eight grams of cannabis concentrate; or
(3) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer products infused with more than 800 milligrams of tetrahydrocannabinol.