HF 2757

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/17/2010 12:46pm

A bill for an act
relating to public safety; establishing use of weight of water used in a controlled
substance filtration device when determining weight or amount of controlled
substance; amending Minnesota Statutes 2008, sections 152.01, subdivisions 9a,
16; 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, regardless of purity new text begin except as provided in
subdivision 16; sections 152.021, subdivision 2, paragraph (b); 152.022, subdivision 2,
paragraph (b); and 152.023, subdivision 2, paragraph (b) new 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 152.01, subdivision 16, is amended to read:

Subd. 16.

Small amount.

"Small amount" as applied to marijuana means 42.5
grams or less. This provision shall not apply to the resinous form of marijuana. new text begin The weight
of water used in a controlled substance water filtration device may not be considered in
determining a small amount except in cases where the marijuana is mixed with four or
more fluid ounces of water.
new text end

Sec. 3.

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

Subd. 2.

Possession crimes.

new text begin (a) new text end 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 25
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; 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 (b) For the purposes of this subdivision, the weight of water used in a controlled
substance water filtration device may not be considered in measuring the weight of a
mixture except in cases where the mixture contains four or more fluid ounces of water.
new 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. 4.

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

Subd. 2.

Possession crimes.

new text begin (a) new text end 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 six
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; 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 (b) For the purposes of this subdivision, the weight of water used in a controlled
substance water filtration device may not be considered in measuring the weight of a
mixture except in cases where the mixture contains four or more fluid ounces of water.
new 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. 5.

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

Subd. 2.

Possession crimes.

new text begin (a) new text end 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 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 (b) For the purposes of this subdivision, the weight of water used in a controlled
substance water filtration device may not be considered in measuring the weight of a
mixture except in cases where the mixture contains four or more fluid ounces of water.
new 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