Minnesota § 152.097 - SIMULATED CONTROLLED SUBSTANCES
Full text of Minnesota Minnesota Statutes § 152.097 — SIMULATED CONTROLLED SUBSTANCES, with citation guidance and answers to common questions.
§ 152.097. SIMULATED CONTROLLED SUBSTANCES
Subdivision 1.Prohibition.
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. 2.No defense.
In any prosecution under this section, it is no defense that the accused believed the noncontrolled substance to actually be a controlled substance.
Subd. 3.Exemption.
This section does not apply to the prescribing and dispensing of placebos by licensed practitioners and licensed pharmacists.
Subd. 4.Penalty.
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.
History:
1982 c 599 s 1; 1989 c 290 art 3 s 18
Official Publication of the State of Minnesota
Revisor of Statutes
Frequently Asked Questions About Minnesota § 152.097
What does Minnesota Statutes § 152.097 cover?
Section 152.097 ("SIMULATED CONTROLLED SUBSTANCES") is part of the Minnesota Statutes, the codified statutory law of Minnesota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Minnesota § 152.097?
A common citation format is "Minnesota Statutes § 152.097" (Minnesota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Minnesota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Minnesota official source linked on this page or consult a licensed Minnesota attorney.
How does Minnesota § 152.097 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Minnesota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Minnesota.