Subd. 1. Sale crimes.

A person is guilty of controlled substance crime in the fifth degree if:

1. (1) the person unlawfully sells one or more mixtures containing marijuana or Tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
2. (2) the person unlawfully sells one or more mixtures containing a controlled substance classified in schedule IV.

Subd. 2. Possession and other crimes.

A person is guilty of controlled substance crime in the fifth degree if:

1. (1) the person unlawfully possesses one or more mixtures containing a controlled substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or

2. (2) the person procures, attempts to procure, possesses, or has control over a controlled substance by any of the following means:

   1. (i) fraud, deceit, misrepresentation, or subterfuge;
   2. (ii) using a false name or giving false credit; or
   3. (iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of obtaining a controlled substance.

Subd. 3. Penalty.

1. (a) A person convicted under subdivision 1 or 2 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.
2. (b) If the conviction is a subsequent controlled substance conviction, a person convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections or to a local correctional authority for not less than six months nor more than ten years and, in addition, may be sentenced to payment of a fine of not more than $20,000.