HF 2013

1st Division Engrossment - 91st Legislature (2019 - 2020) Posted on 02/19/2020 10:30am

A bill for an act
relating to crime; adjusting thresholds for certain marijuana offenses; providing
for penalties; amending Minnesota Statutes 2018, section 152.025, subdivisions
1, 2, 4; proposing coding for new law in Minnesota Statutes, chapter 152; repealing
Minnesota Statutes 2018, section 152.027, subdivisions 3, 4.

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

Section 1.

Minnesota Statutes 2018, section 152.025, subdivision 1, is amended to read:

Subdivision 1.

Sale crimes.

A person is guilty of a controlled substance crime in the
fifth degree and upon conviction may be sentenced as provided in subdivision 4 if:

(1) the person unlawfully sells one or more mixtures containing marijuana or
tetrahydrocannabinols, except a small amount of marijuana deleted text begin for no remuneration deleted text end ; or

(2) the person unlawfully sells one or more mixtures containing a controlled substance
classified in Schedule IV.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, 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 and upon conviction may be sentenced as provided in subdivision 4 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 deleted text end new text begin the nonresinous form new text end
of 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 osteopathic medicine licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) the person unlawfully possesses a total weight of more than 250 grams of the
nonresinous form of marijuana.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2018, section 152.025, subdivision 4, is amended to read:

Subd. 4.

Penalty.

(a) A person convicted under the provisions of subdivision 2, clause
(1), who has not been previously convicted of a violation of this chapter or a similar offense
in another jurisdiction, is guilty of a gross misdemeanor if: (1) the amount of the controlled
substance possessed, other than heroin, is less than 0.25 grams or one dosage unit or less if
the controlled substance was possessed in dosage units; or (2) the controlled substance
possessed is heroin and the amount possessed is less than 0.05 grams.

(b) A person convicted under the provisions of subdivision 1; subdivision 2, clause (1),
unless the conduct is described in paragraph (a); or subdivision 2, clause (2) new text begin or (3) new text end , 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

new text begin [152.0251] NONFELONY CONTROLLED SUBSTANCE OFFENSES;
MARIJUANA.
new text end

new text begin Subdivision 1. new text end

new text begin Sale crimes. new text end

new text begin Except as provided in subdivision 5, a person is guilty of a
crime if on one or more occasions within a 90-day period the person unlawfully sells:
new text end

new text begin (1) a total weight of more than ten grams but not more than 42.5 grams of the nonresinous
form of marijuana; or
new text end

new text begin (2) a total weight of ten grams or less of the nonresinous form of marijuana, except a
small amount of marijuana for no remuneration.
new text end

new text begin Subd. 2. new text end

new text begin Possession crimes. new text end

new text begin A person is guilty of a crime if the person unlawfully
possesses:
new text end

new text begin (1) a total weight of more than 100 grams but not more than 250 grams of the nonresinous
form of marijuana; or
new text end

new text begin (2) a total weight of more than 42.5 grams but not more than 100 grams of the nonresinous
form of marijuana.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin (a) A person is guilty of a gross misdemeanor if convicted under
subdivision 1, clause (1), or 2, clause (1).
new text end

new text begin (b) A person is guilty of a misdemeanor if convicted under subdivision 1, clause (2), or
2, clause (2).
new text end

new text begin Subd. 4. new text end

new text begin Possession of marijuana in a motor vehicle. new text end

new text begin A person is guilty of a
misdemeanor if the person is the owner of a private motor vehicle, or is the driver of the
motor vehicle if the owner is not present, and possesses on the person or knowingly keeps
or allows to be kept within the area of the vehicle normally occupied by the driver or
passengers, more than five grams of marijuana. This area of the vehicle does not include
the trunk of the motor vehicle if the vehicle is equipped with a trunk or another area of the
vehicle not normally occupied by the driver or passengers if the vehicle is not equipped
with a trunk. A utility or glove compartment is deemed to be within the area occupied by
the driver and passengers.
new text end

new text begin Subd. 5. new text end

new text begin Petty misdemeanors. new text end

new text begin A person who does any of the following is guilty of a
petty misdemeanor:
new text end

new text begin (1) unlawfully sells a small amount of marijuana for no remuneration; or
new text end

new text begin (2) unlawfully possesses a small amount of marijuana.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 152.027, subdivisions 3 and 4, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

APPENDIX

Repealed Minnesota Statutes: DIVH2013-1

152.027 OTHER CONTROLLED SUBSTANCE OFFENSES.

Subd. 3.

Possession of marijuana in a motor vehicle.

A person is guilty of a misdemeanor if the person is the owner of a private motor vehicle, or is the driver of the motor vehicle if the owner is not present, and possesses on the person, or knowingly keeps or allows to be kept within the area of the vehicle normally occupied by the driver or passengers, more than 1.4 grams of marijuana. This area of the vehicle does not include the trunk of the motor vehicle if the vehicle is equipped with a trunk, or another area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment is deemed to be within the area occupied by the driver and passengers.

Subd. 4.

Possession or sale of small amounts of marijuana.

(a) A person who unlawfully sells a small amount of marijuana for no remuneration, or who unlawfully possesses a small amount of marijuana is guilty of a petty misdemeanor and shall be required to participate in a drug education program unless the court enters a written finding that a drug education program is inappropriate. The program must be approved by an area mental health board with a curriculum approved by the state alcohol and drug abuse authority.

(b) A person convicted of an unlawful sale under paragraph (a) who is subsequently convicted of an unlawful sale under paragraph (a) within two years is guilty of a misdemeanor and shall be required to participate in a chemical dependency evaluation and treatment if so indicated by the evaluation.

(c) A person who is convicted of a petty misdemeanor under paragraph (a) who willfully and intentionally fails to comply with the sentence imposed, is guilty of a misdemeanor. Compliance with the terms of the sentence imposed before conviction under this paragraph is an absolute defense.