HF 2523

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; providing penalties for 
  1.3             selling drugs in public places; amending Minnesota 
  1.4             Statutes 2002, sections 152.01, by adding a 
  1.5             subdivision; 152.022, subdivision 1; 152.023, 
  1.6             subdivision 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 152.01, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 23.  [PUBLIC PLACE.] "Public place" means any public 
  1.11  street or sidewalk; all land adjoining a public thoroughfare, 
  1.12  whether private or public; a pedestrian skyway system as defined 
  1.13  in section 469.125, subdivision 4; any other property owned, 
  1.14  leased, or controlled by a governmental unit; and private 
  1.15  property that is regularly and frequently open to or made 
  1.16  available for use by the public in sufficient numbers to give 
  1.17  clear notice of the property's current dedication to public use 
  1.18  including hotels, motels, or other places of public 
  1.19  accommodation, but does not include a person's dwelling or house.
  1.20     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  1.21  and applies to crimes committed on or after that date. 
  1.22     Sec. 2.  Minnesota Statutes 2002, section 152.022, 
  1.23  subdivision 1, is amended to read: 
  1.24     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  1.25  controlled substance crime in the second degree if: 
  1.26     (1) on one or more occasions within a 90-day period the 
  2.1   person unlawfully sells one or more mixtures of a total weight 
  2.2   of three grams or more containing cocaine, heroin, or 
  2.3   methamphetamine; 
  2.4      (2) on one or more occasions within a 90-day period the 
  2.5   person unlawfully sells one or more mixtures of a total weight 
  2.6   of ten grams or more containing a narcotic drug other than 
  2.7   cocaine, heroin, or methamphetamine; 
  2.8      (3) on one or more occasions within a 90-day period the 
  2.9   person unlawfully sells one or more mixtures of a total weight 
  2.10  of ten grams or more containing amphetamine, phencyclidine, or 
  2.11  hallucinogen or, if the controlled substance is packaged in 
  2.12  dosage units, equaling 50 or more dosage units; 
  2.13     (4) on one or more occasions within a 90-day period the 
  2.14  person unlawfully sells one or more mixtures of a total weight 
  2.15  of 25 kilograms or more containing marijuana or 
  2.16  Tetrahydrocannabinols; 
  2.17     (5) the person unlawfully sells any amount of a schedule I 
  2.18  or II narcotic drug to a person under the age of 18, or 
  2.19  conspires with or employs a person under the age of 18 to 
  2.20  unlawfully sell the substance; or 
  2.21     (6) the person unlawfully sells any of the following in a 
  2.22  public place, a school zone, a park zone, a public housing zone, 
  2.23  or a drug treatment facility: 
  2.24     (i) any amount of a schedule I or II narcotic drug, 
  2.25  lysergic acid diethylamide (LSD), 3,4-methylenedioxy 
  2.26  amphetamine, or 3,4-methylenedioxymethamphetamine; 
  2.27     (ii) one or more mixtures containing methamphetamine or 
  2.28  amphetamine; or 
  2.29     (iii) one or more mixtures of a total weight of five 
  2.30  kilograms or more containing marijuana or Tetrahydrocannabinols. 
  2.31     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  2.32  and applies to crimes committed on or after that date. 
  2.33     Sec. 3.  Minnesota Statutes 2002, section 152.023, 
  2.34  subdivision 2, is amended to read: 
  2.35     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
  2.36  controlled substance crime in the third degree if: 
  3.1      (1) on one or more occasions within a 90-day period the 
  3.2   person unlawfully possesses one or more mixtures of a total 
  3.3   weight of three grams or more containing cocaine, heroin, or 
  3.4   methamphetamine; 
  3.5      (2) on one or more occasions within a 90-day period the 
  3.6   person unlawfully possesses one or more mixtures of a total 
  3.7   weight of ten grams or more containing a narcotic drug other 
  3.8   than cocaine, heroin, or methamphetamine; 
  3.9      (3) on one or more occasions within a 90-day period the 
  3.10  person unlawfully possesses one or more mixtures containing a 
  3.11  narcotic drug, it is packaged in dosage units, and equals 50 or 
  3.12  more dosage units; 
  3.13     (4) on one or more occasions within a 90-day period the 
  3.14  person unlawfully possesses any amount of a schedule I or II 
  3.15  narcotic drug or five or more dosage units of lysergic acid 
  3.16  diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 
  3.17  3,4-methylenedioxymethamphetamine in a public place, a school 
  3.18  zone, a park zone, a public housing zone, or a drug treatment 
  3.19  facility; 
  3.20     (5) on one or more occasions within a 90-day period the 
  3.21  person unlawfully possesses one or more mixtures of a total 
  3.22  weight of ten kilograms or more containing marijuana or 
  3.23  Tetrahydrocannabinols; or 
  3.24     (6) the person unlawfully possesses one or more mixtures 
  3.25  containing methamphetamine or amphetamine in a public place, a 
  3.26  school zone, a park zone, a public housing zone, or a drug 
  3.27  treatment facility. 
  3.28     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  3.29  and applies to crimes committed on or after that date.