Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature
Office of the Revisor of Statutes

HF 1596

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:53am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Pdf Rtf

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9
1.10 1.11 1.12
1.13 1.14 1.15 1.16 1.17
1.18 1.19
1.20 1.21 1.22 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15
2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30
2.31 2.32
2.33 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25
3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5
4.6 4.7
4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23
4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17
5.18 5.19
5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 6.1 6.2 6.3
6.4 6.5
6.6 6.7 6.8
6.9 6.10
6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28
6.29 6.30
6.31 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9
7.10 7.11
7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20
7.21 7.22
7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 8.1 8.2
8.3 8.4
8.5 8.6

A bill for an act
 relating to crime; establishing a marijuana plant possession crime; modifying
marijuana sale and possession amounts; amending Minnesota Statutes 2008,
sections 152.01, subdivision 16, by adding a subdivision; 152.021, subdivisions
1, 2; 152.022, subdivisions 1, 2; 152.023, subdivisions 1, 2; 152.025, subdivision
2; 244.055, subdivisions 2, 3, 5, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 152; repealing Minnesota Statutes 2008,
section 244.055, subdivisions 6, 11.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 152.01, subdivision 16, is amended to read:


Subd. 16.

Small amount.

"Small amount" as applied to marijuana means deleted text begin 42.5deleted text end new text begin 14new text end
grams or less. This provision shall not apply to the resinous form of marijuana.

Sec. 2.

Minnesota Statutes 2008, section 152.01, is amended by adding a subdivision
to read:


new text begin Subd. 23. new text end

new text begin Marijuana plant. new text end

new text begin "Marijuana plant" means a plant having leaves and
a readily observable root formation of any species of the genus Cannabis, including all
agronomical varieties.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
 new text end

Sec. 3.

Minnesota Statutes 2008, section 152.021, subdivision 1, is amended to read:


Subdivision 1.

Sale crimes.

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

(1) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of ten grams or more containing cocaine, heroin, or
methamphetamine;

(2) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of 50 grams or more containing a narcotic drug other
than cocaine, heroin, or methamphetamine;

(3) on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of 50 grams or more containing amphetamine,
phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
equaling 200 or more dosage units; or

(4) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of deleted text begin 50deleted text end new text begin 12.5new text end kilograms or more containing marijuana or
Tetrahydrocannabinolsdeleted text begin , or one or more mixtures of a total weight of 25 kilograms or more
containing marijuana or Tetrahydrocannabinols in a school zone, a park zone, a public
housing zone, or a drug treatment facilitydeleted text end .

Sec. 4.

Minnesota Statutes 2008, section 152.021, subdivision 2, is amended to read:


Subd. 2.

Possession crimes.

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

(1) the person unlawfully possesses one or more mixtures of a total weight of deleted text begin 25deleted text end new text begin 35new text end
grams or more containing cocaine, heroin, or methamphetamine;

(2) the person unlawfully possesses one or more mixtures of a total weight of 500
grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;

(3) the person unlawfully possesses one or more mixtures of a total weight of
500 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
controlled substance is packaged in dosage units, equaling 500 or more dosage units; deleted text begin or
deleted text end

(4) the person unlawfully possesses one or more mixtures of a total weight of deleted text begin 100deleted text end new text begin 25new text end
kilograms or more containing marijuana or Tetrahydrocannabinolsdeleted text begin .deleted text end new text begin ; or
new text end

new text begin (5) the person unlawfully possesses 100 or more marijuana plants. This clause
does not limit the power of the state to punish a person for conduct that constitutes a
crime under other laws of this state.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
 new text end

Sec. 5.

Minnesota Statutes 2008, section 152.022, subdivision 1, is amended to read:


Subdivision 1.

Sale crimes.

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

(1) on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of deleted text begin threedeleted text end new text begin fivenew text end grams or more containing cocaine,
heroin, or methamphetamine;

(2) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of ten grams or more containing a narcotic drug other
than cocaine, heroin, or methamphetamine;

(3) on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of ten grams or more containing amphetamine,
phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
equaling 50 or more dosage units;

(4) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of deleted text begin 25deleted text end new text begin sixnew text end kilograms or more containing marijuana or
Tetrahydrocannabinols;

(5) the person unlawfully sells any amount of a schedule I or II narcotic drug to a
person under the age of 18, or conspires with or employs a person under the age of 18 to
unlawfully sell the substance; or

(6) the person unlawfully sells any of the following in a school zone, a park zone, a
public housing zone, or a drug treatment facility:

(i) any amount of a schedule I or II narcotic drug, lysergic acid diethylamide (LSD),
3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;

(ii) one or more mixtures containing methamphetamine or amphetamine; or

(iii) one or more mixtures of a total weight of five kilograms or more containing
marijuana or Tetrahydrocannabinols.

Sec. 6.

Minnesota Statutes 2008, section 152.022, subdivision 2, is amended to read:


Subd. 2.

Possession crimes.

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

(1) the person unlawfully possesses one or more mixtures of a total weight of deleted text begin sixdeleted text end new text begin tennew text end
grams or more containing cocaine, heroin, or methamphetamine;

(2) the person unlawfully possesses one or more mixtures of a total weight of 50
grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;

(3) the person unlawfully possesses one or more mixtures of a total weight of
50 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
controlled substance is packaged in dosage units, equaling 100 or more dosage units; deleted text begin or
deleted text end

(4) the person unlawfully possesses one or more mixtures of a total weight of deleted text begin 50deleted text end new text begin
12.5new text end kilograms or more containing marijuana or Tetrahydrocannabinolsdeleted text begin .deleted text end new text begin ; or
new text end

new text begin (5) the person unlawfully possesses 50 or more marijuana plants. This clause does
not limit the power of the state to punish a person for conduct that constitutes a crime
under other laws of this state.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
 new text end

Sec. 7.

Minnesota Statutes 2008, section 152.023, subdivision 1, is amended to read:


Subdivision 1.

Sale crimes.

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

(1) the person unlawfully sells one or more mixtures containing a narcotic drug;

(2) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures containing phencyclidine or hallucinogen, it is packaged in dosage
units, and equals ten or more dosage units;

(3) the person unlawfully sells one or more mixtures containing a controlled
substance classified in schedule I, II, or III, except a schedule I or II narcotic drug, to a
person under the age of 18;

(4) the person conspires with or employs a person under the age of 18 to unlawfully
sell one or more mixtures containing a controlled substance listed in schedule I, II, or III,
except a schedule I or II narcotic drug; or

(5) on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of deleted text begin five kilogramsdeleted text end new text begin 500 gramsnew text end or more containing
marijuana or Tetrahydrocannabinols.

Sec. 8.

Minnesota Statutes 2008, section 152.023, subdivision 2, is amended to read:


Subd. 2.

Possession crimes.

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

(1) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of three grams or more containing cocaine, heroin,
or methamphetamine;

(2) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten grams or more containing a narcotic drug
other than cocaine, heroin, or methamphetamine;

(3) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures containing a narcotic drug, it is packaged in dosage units, and
equals 50 or more dosage units;

(4) on one or more occasions within a 90-day period the person unlawfully
possesses any amount of a schedule I or II narcotic drug or five or more dosage
units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing
zone, or a drug treatment facility;

(5) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of deleted text begin ten kilogramsdeleted text end new text begin one kilogramnew text end or more containing
marijuana or Tetrahydrocannabinols; deleted text begin or
deleted text end

new text begin (6) on one or more occasions within a 90-day period the person unlawfully possesses
25 or more marijuana plants. This clause does not limit the power of the state to punish a
person for conduct that constitutes a crime under other laws of this state; or
 new text end

deleted text begin (6)deleted text end new text begin (7)new text end the person unlawfully possesses one or more mixtures containing
methamphetamine or amphetamine in a school zone, a park zone, a public housing zone,
or a drug treatment facility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
 new text end

Sec. 9.

Minnesota Statutes 2008, section 152.025, subdivision 2, is amended to read:


Subd. 2.

Possession and other crimes.

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

(1) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in schedule I, II, III, or IV, except deleted text begin a small amount ofdeleted text end new text begin an amount less
than 42.5 grams ofnew text end marijuana; deleted text begin or
deleted text end

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

(i) fraud, deceit, misrepresentation, or subterfuge;

(ii) using a false name or giving false credit; or

(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 substancedeleted text begin .deleted text end new text begin ; or
new text end

new text begin (3) the person unlawfully possesses ten or more marijuana plants. This clause does
not limit the power of the state to punish a person for conduct that constitutes a crime
under other laws of this state.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
 new text end

Sec. 10.

new text begin [152.0251] MISDEMEANOR MARIJUANA POSSESSION.
 new text end

new text begin A person who unlawfully possesses more than 14 grams of marijuana is guilty
of a misdemeanor.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
 new text end

Sec. 11.

Minnesota Statutes 2008, section 244.055, subdivision 2, is amended to read:


Subd. 2.

Conditional release of certain nonviolent controlled substance
offendersnew text begin and nonviolent nondrug offendersnew text end .

An offender who has been committed to
the commissioner's custody may petition the commissioner for conditional release from
prison before the offender's scheduled supervised release date or target release date if:

(1) the offender is serving a sentence for violating section 152.021, subdivision 2
or 2a; 152.022deleted text begin , subdivision 2deleted text end ; 152.023; 152.024; or 152.025new text begin , or serving a sentence for a
nonviolent nondrug offensenew text end ;

(2) the offender committed the crime as a result of a controlled substance addictiondeleted text begin ,
and not primarily for profitdeleted text end ;

(3) the offender has served at least 36 months or one-half of the offender's term of
imprisonment, whichever is less;

(4) the offender successfully completed a chemical dependency treatment program
of the type described in this section while in prison;

(5) the offender has not previously been conditionally released under this section; and

(6) the offender has not within the past ten years been convicted or adjudicated
delinquent for a violent crime as defined in section 609.1095 other than the current
conviction for the controlled substance offensenew text begin or nonviolent nondrug offensenew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
 new text end

Sec. 12.

Minnesota Statutes 2008, section 244.055, subdivision 3, is amended to read:


Subd. 3.

Offer of chemical dependency treatment.

The commissioner shall offer
all offenders meeting the criteria described in subdivision 2, clauses (1), (2), (5), and (6),
the opportunity to begin a suitable chemical dependency treatment program of the type
described in this section within 160 days after the offender's term of imprisonment begins
or as soon after 160 days as possible.new text begin In making the determination under subdivision 2,
clause (2), that the offender has a controlled substance addiction, the commissioner shall
consider the chemical dependency assessment completed at intake, and that the offender is
more suitable for early release, the commissioner shall consider validated risk assessment
tools such as the Level of Service Inventory-Revised (LSI-R).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
 new text end

Sec. 13.

Minnesota Statutes 2008, section 244.055, subdivision 5, is amended to read:


Subd. 5.

Additional requirements.

To be eligible for release under this section,
an offender shall sign a written contract with the commissioner agreeing to comply with
the requirements of this section and the conditions imposed by the commissioner. deleted text begin In
addition to other items, the contract must specifically refer to the term of imprisonment
extension in subdivision 6.deleted text end In addition, the offender shall agree to submit to random drug
and alcohol tests and electronic or home monitoring as determined by the commissioner or
the offender's supervising agent. The commissioner may impose additional requirements
on the offender that are necessary to carry out the goals of this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
 new text end

Sec. 14.

Minnesota Statutes 2008, section 244.055, is amended by adding a subdivision
to read:


new text begin Subd. 10a. new text end

new text begin Savings used for drug treatment. new text end

new text begin (a) At the end of each fiscal year,
the commissioner of corrections shall determine the amount of savings realized from the
bed savings for early release of offenders under subdivision 2. The commissioner of
corrections shall reallocate or transfer these saved unobligated funds as follows:
 new text end

new text begin (1) 50 percent of the funds shall be allocated for additional drug treatment programs
in state correctional facilities; and
 new text end

new text begin (2) 50 percent of the funds shall be allocated to local corrections agencies for drug
treatment programs, workhouse resources, and supervision and management of offenders.
 new text end

new text begin (b) Any unobligated funds from each fiscal year realized under paragraph (a) shall
not cancel but are reappropriated for the purposes of paragraph (a), clauses (1) and (2).
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
 new text end

Sec. 15. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 244.055, subdivisions 6 and 11, new text end new text begin are repealed.
 new text end