Subd. 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MS 2022 [Repealed, 2023 c 63 art 6 s 73]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MS 2022 [Repealed, 2023 c 63 art 6 s 73]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.

1. (a) A person who unlawfully sells any amount of salvia divinorum or salvinorin A is guilty of a gross misdemeanor.
2. (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.

1. (a) As used in this subdivision, "synthetic cannabinoid" includes any substance included in section 152.02, subdivision 2, paragraph (h), clause (3).
2. (b) A person who unlawfully sells a synthetic cannabinoid for no remuneration is guilty of a gross misdemeanor.
3. (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.
4. (d) A person who unlawfully possesses any amount of a synthetic cannabinoid is guilty of a misdemeanor.
5. (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.

1. (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.
2. (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.