Legal Question in Criminal Law in Minnesota

sale of controlled substance

Does Minnesota have a law that covers either side of this issue?

In California if you sell a substance that you claim is Marijuana (LSD, etc) and testing indicates that it is oregano, they can't procecute you for selling a controlled substance.

In Nevada if you sell a substance and claimed it was Marijuana or whatever, and testing indicated that it was oregano, then they can procecute as if it were the controlled substance.

Thank you in advance for the time it take to answer my question. Also I would like to see the law code, please direct me.


Asked on 9/25/08, 7:24 pm

2 Answers from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: sale of controlled substance

Look at Minnesota Statutes Section 152.097 "Simulated Controlled [sic]Substances."

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Answered on 10/02/08, 3:35 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: sale of controlled substance

I don't know what the law is in Minnesota, but I bet they probably do have a law against selling bogus narcotics. And yes, they do have a law in California against selling bogus narcotics. The penalty is up to one year in county jail or an indeterminate prison sentence. Whether these California penalties are the same as for selling the same amount of real narcotics I have no idea.

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Answered on 9/25/08, 7:36 pm


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