Subdivision 1. Sale of Schedule V controlled substance.
Except as provided in section 152.02, subdivision 6 , a person who unlawfully sells one or more mixtures containing a controlled substance classified in Schedule V 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.
Subd. 2. Possession of Schedule V controlled substance.
Except as provided in section 152.02, subdivision 6 , a person who unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule V 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. The court may order that a person who is convicted under this subdivision and placed on probation be required to take part in a drug education program as specified by the court.
Subd. 3.
MS 2022 [Repealed, 2023 c 63 art 6 s 73 ]
Subd. 4.
MS 2022 [Repealed, 2023 c 63 art 6 s 73 ]
Subd. 5. Sale or possession of salvia divinorum.
(a) A person who unlawfully sells any amount of salvia divinorum or salvinorin A is guilty of a gross misdemeanor.
(b) A person who unlawfully possesses any amount of salvia divinorum or salvinorin A is guilty of a misdemeanor.
Subd. 6. Sale or possession of synthetic cannabinoids.
(a) As used in this subdivision, "synthetic cannabinoid" includes any substance included in section 152.02 , subdivision 2, paragraph (h), clause (3).
(b) A person who unlawfully sells a synthetic cannabinoid for no remuneration is guilty of a gross misdemeanor.
(c) A person who unlawfully sells a synthetic cannabinoid is guilty of a felony and if convicted 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.
(d) A person who unlawfully possesses any amount of a synthetic cannabinoid is guilty of a misdemeanor.
(e) Notwithstanding any contrary provision in sections 152.021 to 152.025 , this subdivision describes the exclusive penalties for the sale and possession of synthetic cannabinoid.
Subd. 7. Sale or possession of kratom.
(a) A person who unlawfully sells any amount of kratom or a substance that contains mitragynine or 7-hydroxymitragynine to a person under the age of 18 is guilty of a gross misdemeanor.
(b) A person under the age of 18 who unlawfully possesses any amount of kratom or a substance that contains mitragynine or 7-hydroxymitragynine is guilty of a misdemeanor.