Respondent Donald Strobel was convicted of first-degree sale of a controlled substance in connection with conduct that occurred after the effective date of the 2016 Drug Sentencing Reform Act (DSRA). Act of May 22, 2016, ch. 160, §§ 1-22, 2016 Minn. Laws 576, 576-92. In calculating Strobel’s criminal-history score, the district court added half a felony point for a 2012 conviction of fifth-degree possession of a controlled substance. On appeal, Strobel challenged the district court’s calculation of his criminal history score. Concluding that the 2012 conviction could not be classified as a felony if it qualified as a gross misdemeanor under subdivision 4(a) of the DSRA-amended version of Minn. Stat. § 152.025 (2018), the court of appeals reversed Strobel’s sentence and remanded to the district court for resentencing.

On appeal to the supreme court, the following issue is presented: whether Strobel’s 2012 conviction may be classified as a felony if it qualifies as a gross misdemeanor under subdivision 4(a) of the DSRA-amended version of section 152.025. (Wabasha County)