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HF 2756

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:32pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to public safety; mandating measurement of actual amount of controlled
substance for determining severity of controlled substance possession offenses;
amending Minnesota Statutes 2008, sections 152.01, subdivision 9a; 152.021,
subdivision 2; 152.022, subdivision 2; 152.023, subdivision 2.

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

Section 1.

Minnesota Statutes 2008, section 152.01, subdivision 9a, is amended to read:


Subd. 9a.

Mixture.

"Mixture" means a preparation, compound, mixture, or
substance containing a controlled substance, deleted text begin regardless ofdeleted text end new text begin wherenew text end puritynew text begin is relevant only in
sections 152.021, subdivision 2; 152.022, subdivision 2; and 152.023, subdivision 2new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to
offenses committed on or after that date.
 new text end

Sec. 2.

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 deleted text begin of a total weight of 25
grams or moredeleted text end containing cocaine, heroin, or methamphetaminenew text begin and the total weight of
the controlled substance is 25 grams or morenew text end ;

(2) the person unlawfully possesses one or more mixtures deleted text begin of a total weight of 500
grams or moredeleted text end containing a narcotic drug other than cocaine, heroin, or methamphetaminenew text begin
and the total weight of the controlled substance is 500 grams or morenew text end ;

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

(4) the person unlawfully possesses one or more mixtures of a total weight of 100
kilograms or more containing marijuana or Tetrahydrocannabinols.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to
offenses committed on or after that date.
 new text end

Sec. 3.

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 deleted text begin of a total weight of six
grams or moredeleted text end containing cocaine, heroin, or methamphetaminenew text begin and the total weight of
the controlled substance is six grams or morenew text end ;

(2) the person unlawfully possesses one or more mixtures deleted text begin of a total weight of 50
grams or moredeleted text end containing a narcotic drug other than cocaine, heroin, or methamphetaminenew text begin
and the total weight of the controlled substance is 50 grams or morenew text end ;

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

(4) the person unlawfully possesses one or more mixtures of a total weight of 50
kilograms or more containing marijuana or Tetrahydrocannabinols.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to
offenses committed on or after that date.
 new text end

Sec. 4.

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 deleted text begin of a total weight of three grams or moredeleted text end containing cocaine, heroin,
or methamphetaminenew text begin and the total weight of the controlled substance is three grams or
morenew text end ;

(2) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures deleted text begin of a total weight of ten grams or moredeleted text end containing a narcotic drug
other than cocaine, heroin, or methamphetaminenew text begin and the total weight of the controlled
substance is ten grams or morenew text end ;

(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 ten kilograms or more containing marijuana or
Tetrahydrocannabinols; or

(6) 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, 2010, and applies to
offenses committed on or after that date.
 new text end