There are four primary methamphetamine crimes in Minnesota: manufacture, possession of precursors with intent to manufacture, sale, and possession. In order to convict a person of one of the methamphetamine crimes, the state must prove that the substance at issue is actually methamphetamine; precursor drugs do not trigger liability under these statutes, except for the crime of possession of precursors with the intent to manufacture methamphetamine. State v. Traxler, 583 N.W.2d 556, 560 (Minn. 1998). However, as long as methamphetamine is actually present, strength or concentration of the substance makes no difference. State v. Palmer, 507 N.W.2d 865, 869 (Minn. Ct. App. 1993).
In addition, because these statutes make no distinction between a substance not yet refined to the point where it can be used (“wet” methamphetamine) and the drug in consumable form (“dry” methamphetamine), the state does not need to prove the statutory amount of the usable drug, only the substance as it is found. State v. Heath, 685 N.W.2d 48, 56 (Minn. Ct. App. 2004).
The content of this post and any related posts has been copied or adopted from the Minnesota House of Representatives Research Department’s Information Brief, Methamphetamine Laws in Minnesota, written by legislative analyst Jeffrey Diebel and Research Assistant Dariel Weaver.
This is part of a series of posts on Methamphetamine (Meth) Laws in Minnesota.