HF 1870

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crime prevention; providing penalties for
selling drugs in public places; amending Minnesota
Statutes 2004, sections 152.01, by adding a
subdivision; 152.022, subdivision 1; 152.023,
subdivision 2.

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

Section 1.

Minnesota Statutes 2004, section 152.01, is
amended by adding a subdivision to read:

new text begin Subd. 23. new text end

new text begin Public place. new text end

new text begin "Public place" means any public
street or sidewalk; all land adjoining a public thoroughfare,
whether private or public; a pedestrian skyway system as defined
in section 469.125, subdivision 4; any other property owned,
leased, or controlled by a governmental unit; and private
property that is regularly and frequently open to or made
available for use by the public in sufficient numbers to give
clear notice of the property's current dedication to public use
including hotels, motels, or other places of public
accommodation, but does not include a person's temporary
overnight dwelling or home.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, 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 three 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 25 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 new text begin a
public place, new text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, 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 new text begin a public place, new text end 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 ten kilograms or more containing marijuana or
Tetrahydrocannabinols; or

(6) the person unlawfully possesses one or more mixtures
containing methamphetamine or amphetamine in new text begin a public place, new text end 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, 2005,
and applies to crimes committed on or after that date.
new text end