HF 1829

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

  1.1                          A bill for an act 
  1.2             relating to crimes; changing controlled substance 
  1.3             offenses to include six degrees; imposing penalties; 
  1.4             creating the crime of loitering with the intent to 
  1.5             purchase a controlled substance; creating a drug 
  1.6             treatment diversion program; appropriating money; 
  1.7             amending Minnesota Statutes 2002, sections 152.01, by 
  1.8             adding a subdivision; 152.021, as amended; 152.022; 
  1.9             152.023; 152.024; 152.025; 152.027, by adding a 
  1.10            subdivision; 590.01, by adding a subdivision; 
  1.11            proposing coding for new law in Minnesota Statutes, 
  1.12            chapter 152. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2002, section 152.01, is 
  1.15  amended by adding a subdivision to read: 
  1.16     Subd. 23.  [NONVIOLENT DRUG OFFENDER.] "Nonviolent drug 
  1.17  offender" means persons convicted of a violation of section 
  1.18  152.024, subdivision 2, 152.025, subdivision 2, or 152.0251, 
  1.19  subdivision 2, where the offense did not:  (1) include a 
  1.20  dangerous weapon, as defined in section 609.11; (2) involve the 
  1.21  use of force; (3) result in death or serious bodily injury to 
  1.22  someone other than the offender; or (4) involve a violation of 
  1.23  section 18D.331, subdivision 5.  The definition does not include 
  1.24  offenders who have pending criminal charges for a violent crime 
  1.25  or who have previously been convicted of a violent crime, as 
  1.26  that term is defined in section 609.1095. 
  1.27     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  1.28  and applies to offenders convicted on or after that date. 
  1.29     Sec. 2.  Minnesota Statutes 2002, section 152.021, as 
  2.1   amended by Laws 2003, First Special Session chapter 2, article 
  2.2   8, sections 2 and 3, is amended to read: 
  2.3      152.021 [CONTROLLED SUBSTANCE CRIME IN THE FIRST DEGREE.] 
  2.4      Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  2.5   controlled substance crime in the first degree if: 
  2.6      (1) on one or more occasions within a 90-day period the 
  2.7   person unlawfully sells one or more mixtures of a total weight 
  2.8   of ten 50 grams or more containing cocaine, heroin, or 
  2.9   methamphetamine; 
  2.10     (2) on one or more occasions within a 90-day period the 
  2.11  person unlawfully sells one or more mixtures of a total weight 
  2.12  of 50 grams or more containing a narcotic drug other than 
  2.13  cocaine, heroin, or methamphetamine; 
  2.14     (3) on one or more occasions within a 90-day period the 
  2.15  person unlawfully sells one or more mixtures of a total weight 
  2.16  of 50 grams or more containing amphetamine, phencyclidine, or 
  2.17  hallucinogen or, if the controlled substance is packaged in 
  2.18  dosage units, equaling 200 250 or more dosage units; or 
  2.19     (4) on one or more occasions within a 90-day period the 
  2.20  person unlawfully sells one or more mixtures of a total weight 
  2.21  of 50 kilograms or more containing marijuana or 
  2.22  Tetrahydrocannabinols, or one or more mixtures of a total weight 
  2.23  of 25 kilograms or more containing marijuana or 
  2.24  Tetrahydrocannabinols in a school zone, a park zone, a public 
  2.25  housing zone, or a drug treatment facility. 
  2.26     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of a 
  2.27  controlled substance crime in the first degree if: 
  2.28     (1) the person unlawfully possesses one or more mixtures of 
  2.29  a total weight of 25 250 grams or more containing cocaine, 
  2.30  heroin, or methamphetamine; 
  2.31     (2) the person unlawfully possesses one or more mixtures of 
  2.32  a total weight of 500 250 grams or more containing a narcotic 
  2.33  drug other than cocaine, heroin, or methamphetamine; 
  2.34     (3) the person unlawfully possesses one or more mixtures of 
  2.35  a total weight of 500 250 grams or more containing amphetamine, 
  2.36  phencyclidine, or hallucinogen or, if the controlled substance 
  3.1   is packaged in dosage units, equaling 500 or more dosage units; 
  3.2   or 
  3.3      (4) the person unlawfully possesses one or more mixtures of 
  3.4   a total weight of 100 kilograms or more containing marijuana or 
  3.5   Tetrahydrocannabinols. 
  3.6      Subd. 2a.  [MANUFACTURE CRIMES.] (a) Notwithstanding 
  3.7   subdivision 1, sections 152.022, subdivision 1, 152.023, 
  3.8   subdivision 1, and 152.024, subdivision 1, a person is guilty of 
  3.9   controlled substance crime in the first degree if the person 
  3.10  manufactures any amount of methamphetamine. 
  3.11     (b) Notwithstanding paragraph (a) and section 609.17, a 
  3.12  person is guilty of attempted manufacture of methamphetamine if 
  3.13  the person possesses any chemical reagents or precursors with 
  3.14  the intent to manufacture methamphetamine.  As used in this 
  3.15  section, "chemical reagents or precursors" refers to one or more 
  3.16  of the following substances, or their salts, isomers, and salts 
  3.17  of isomers: 
  3.18     (1) ephedrine; 
  3.19     (2) pseudoephedrine; 
  3.20     (3) phenyl-2-propanone; 
  3.21     (4) phenylacetone; 
  3.22     (5) anhydrous ammonia, as defined in section 18C.005, 
  3.23  subdivision 1a; 
  3.24     (6) organic solvents; 
  3.25     (7) hydrochloric acid; 
  3.26     (8) lithium metal; 
  3.27     (9) sodium metal; 
  3.28     (10) ether; 
  3.29     (11) sulfuric acid; 
  3.30     (12) red phosphorus; 
  3.31     (13) iodine; 
  3.32     (14) sodium hydroxide; 
  3.33     (15) benzaldehyde; 
  3.34     (16) benzyl methyl ketone; 
  3.35     (17) benzyl cyanide; 
  3.36     (18) nitroethane; 
  4.1      (19) methylamine; 
  4.2      (20) phenylacetic acid; 
  4.3      (21) hydriodic acid; or 
  4.4      (22) hydriotic acid. 
  4.5      Subd. 3.  [PENALTY.] (a) A person convicted under 
  4.6   subdivisions subdivision 1 to 2a or 2, paragraph (a), may be 
  4.7   sentenced to imprisonment for not more than 30 years or to 
  4.8   payment of a fine of not more than $1,000,000, or both; a person 
  4.9   convicted under subdivision 2a, paragraph (b), may be sentenced 
  4.10  to imprisonment for not more than three years or to payment of a 
  4.11  fine of not more than $5,000, or both. 
  4.12     (b) If the conviction is a subsequent controlled substance 
  4.13  conviction, a person convicted under subdivisions 1 to 2a, 
  4.14  paragraph (a), shall be committed to the commissioner of 
  4.15  corrections for not less than four five years nor more than 40 
  4.16  years and, in addition, may be sentenced to payment of a fine of 
  4.17  not more than $1,000,000; a person convicted under subdivision 
  4.18  2a, paragraph (b), may be sentenced to imprisonment for not more 
  4.19  than four years or to payment of a fine of not more than $5,000, 
  4.20  or both.  
  4.21     (c) In a prosecution under subdivision 1 involving sales by 
  4.22  the same person in two or more counties within a 90-day period, 
  4.23  the person may be prosecuted for all of the sales in any county 
  4.24  in which one of the sales occurred.  
  4.25     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  4.26  and applies to crimes committed on or after that date. 
  4.27     Sec. 3.  Minnesota Statutes 2002, section 152.022, is 
  4.28  amended to read: 
  4.29     152.022 [CONTROLLED SUBSTANCE CRIME IN THE SECOND DEGREE.] 
  4.30     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  4.31  controlled substance crime in the second degree if: 
  4.32     (1) on one or more occasions within a 90-day period the 
  4.33  person unlawfully sells one or more mixtures of a total weight 
  4.34  of three ten grams or more containing cocaine, heroin, or 
  4.35  methamphetamine; 
  4.36     (2) on one or more occasions within a 90-day period the 
  5.1   person unlawfully sells one or more mixtures of a total weight 
  5.2   of ten grams or more containing a narcotic drug other than 
  5.3   cocaine, heroin, or methamphetamine; 
  5.4      (3) on one or more occasions within a 90-day period the 
  5.5   person unlawfully sells one or more mixtures of a total weight 
  5.6   of ten grams or more containing amphetamine, phencyclidine, or 
  5.7   hallucinogen or, if the controlled substance is packaged in 
  5.8   dosage units, equaling 50 100 or more dosage units; or 
  5.9      (4) on one or more occasions within a 90-day period the 
  5.10  person unlawfully sells one or more mixtures of a total weight 
  5.11  of 25 kilograms or more containing marijuana or 
  5.12  Tetrahydrocannabinols;. 
  5.13     (5) the person unlawfully sells any amount of a schedule I 
  5.14  or II narcotic drug to a person under the age of 18, or 
  5.15  conspires with or employs a person under the age of 18 to 
  5.16  unlawfully sell the substance; or 
  5.17     (6) the person unlawfully sells any of the following in a 
  5.18  school zone, a park zone, a public housing zone, or a drug 
  5.19  treatment facility: 
  5.20     (i) any amount of a schedule I or II narcotic drug, 
  5.21  lysergic acid diethylamide (LSD), 3,4-methylenedioxy 
  5.22  amphetamine, or 3,4-methylenedioxymethamphetamine; 
  5.23     (ii) one or more mixtures containing methamphetamine or 
  5.24  amphetamine; or 
  5.25     (iii) one or more mixtures of a total weight of five 
  5.26  kilograms or more containing marijuana or Tetrahydrocannabinols. 
  5.27     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of a 
  5.28  controlled substance crime in the second degree if: 
  5.29     (1) the person unlawfully possesses one or more mixtures of 
  5.30  a total weight of six 25 grams or more containing cocaine, 
  5.31  heroin, or methamphetamine; 
  5.32     (2) the person unlawfully possesses one or more mixtures of 
  5.33  a total weight of 50 25 grams or more containing a narcotic drug 
  5.34  other than cocaine, heroin, or methamphetamine; 
  5.35     (3) the person unlawfully possesses one or more mixtures of 
  5.36  a total weight of 50 25 grams or more containing amphetamine, 
  6.1   phencyclidine, or hallucinogen or, if the controlled substance 
  6.2   is packaged in dosage units, equaling 100 200 or more dosage 
  6.3   units; or 
  6.4      (4) the person unlawfully possesses one or more mixtures of 
  6.5   a total weight of 50 kilograms or more containing marijuana or 
  6.6   Tetrahydrocannabinols.  
  6.7      Subd. 2a.  [MANUFACTURE CRIMES.] (a) Notwithstanding 
  6.8   subdivision 1 and sections 152.021, subdivision 1; 152.023, 
  6.9   subdivision 1; 152.024, subdivision 1; and 152.025, subdivision 
  6.10  1, a person is guilty of a controlled substance crime in the 
  6.11  second degree if the person manufactures any amount of 
  6.12  methamphetamine.  
  6.13     (b) Notwithstanding paragraph (a) and section 609.17, a 
  6.14  person is guilty of attempted manufacture of methamphetamine if 
  6.15  the person possesses any chemical reagents or precursors with 
  6.16  the intent to manufacture methamphetamine.  As used in this 
  6.17  section, "chemical reagents or precursors" refers to one or more 
  6.18  of the following substances, or their salts, isomers, and salts 
  6.19  of isomers: 
  6.20     (1) ephedrine; 
  6.21     (2) pseudoephedrine; 
  6.22     (3) phenyl-2-propanone; 
  6.23     (4) phenylacetone; 
  6.24     (5) anhydrous ammonia, as defined in section 18C.005, 
  6.25  subdivision 1a; 
  6.26     (6) organic solvents; 
  6.27     (7) hydrochloric acid; 
  6.28     (8) lithium metal; 
  6.29     (9) sodium metal; 
  6.30     (10) ether; 
  6.31     (11) sulfuric acid; 
  6.32     (12) red phosphorus; 
  6.33     (13) iodine; 
  6.34     (14) sodium hydroxide; 
  6.35     (15) benzaldehyde; 
  6.36     (16) benzyl methyl ketone; 
  7.1      (17) benzyl cyanide; 
  7.2      (18) nitroethane; 
  7.3      (19) methylamine; 
  7.4      (20) phenylacetic acid; 
  7.5      (21) hydriodic acid; or 
  7.6      (22) hydriotic acid. 
  7.7      Subd. 3.  [PENALTY.] (a) A person convicted under 
  7.8   subdivision subdivisions 1 or 2 to 2a, paragraph (a), may be 
  7.9   sentenced to imprisonment for not more than 25 years or to 
  7.10  payment of a fine of not more than $500,000, or both; a person 
  7.11  convicted under subdivision 2a, paragraph (b), may be sentenced 
  7.12  to imprisonment for not more than ten years or to payment of a 
  7.13  fine of not more than $20,000, or both. 
  7.14     (b) If the conviction is a subsequent controlled substance 
  7.15  conviction, a person convicted under subdivision subdivisions 1 
  7.16  or 2 to 2a, paragraph (a), shall be committed to the 
  7.17  commissioner of corrections for not less than three four years 
  7.18  nor more than 40 35 years and, in addition, may be sentenced to 
  7.19  payment of a fine of not more than $500,000; a person convicted 
  7.20  under subdivision 2a, paragraph (b), may be sentenced to 
  7.21  imprisonment for not more than 15 years or to payment of a fine 
  7.22  of not more than $20,000, or both.  
  7.23     (c) In a prosecution under subdivision 1 involving sales by 
  7.24  the same person in two or more counties within a 90-day period, 
  7.25  the person may be prosecuted for all of the sales in any county 
  7.26  in which one of the sales occurred. 
  7.27     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  7.28  and applies to crimes committed on or after that date. 
  7.29     Sec. 4.  Minnesota Statutes 2002, section 152.023, is 
  7.30  amended to read: 
  7.31     152.023 [CONTROLLED SUBSTANCE CRIME IN THE THIRD DEGREE.] 
  7.32     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  7.33  controlled substance crime in the third degree if:  
  7.34     (1) on one or more occasions within a 90-day period the 
  7.35  person unlawfully sells one or more mixtures of a total weight 
  7.36  of three grams or more containing a narcotic drug cocaine, 
  8.1   heroin, or methamphetamine; 
  8.2      (2) on one or more occasions within a 90-day period the 
  8.3   person unlawfully sells one or more mixtures of a total weight 
  8.4   of three grams or more containing phencyclidine or hallucinogen, 
  8.5   it is packaged in dosage units, and equals ten or more dosage 
  8.6   units a narcotic drug other than cocaine, heroin, or 
  8.7   methamphetamine; 
  8.8      (3) on one or more occasions within a 90-day period the 
  8.9   person unlawfully sells one or more mixtures of a total weight 
  8.10  of three grams or more containing a controlled substance 
  8.11  classified in schedule I, II, or III, except a schedule I or II 
  8.12  narcotic drug, to a person under the age of 18 amphetamine, 
  8.13  phencyclidine, or hallucinogen, if the controlled substance is 
  8.14  packaged in dosage units, equaling 50 or more dosage units; 
  8.15     (4) on one or more occasions within a 90-day period the 
  8.16  person conspires with or employs a person under the age of 18 to 
  8.17  unlawfully sell sells one or more mixtures of a total weight of 
  8.18  ten kilograms or more containing a controlled substance listed 
  8.19  in schedule I, II, or III, except a schedule I or II narcotic 
  8.20  drug marijuana or Tetrahydrocannabinols; or 
  8.21     (5) on one or more occasions within a 90-day period the 
  8.22  person unlawfully sells any amount of a schedule I or II 
  8.23  narcotic drug to a person under the age of 18, or conspires with 
  8.24  or employs a person under the age of 18 to unlawfully sell the 
  8.25  substance; or 
  8.26     (6) the person unlawfully sells any of the following in a 
  8.27  school zone, a park zone, a public housing zone, or a drug 
  8.28  treatment facility: 
  8.29     (i) any amount of a schedule I or II narcotic drug, 
  8.30  lysergic acid diethylamide (LSD), 3,4-methylenedioxy 
  8.31  amphetamine, or 3,4-methylenedioxymethamphetamine; 
  8.32     (ii) one or more mixtures containing methamphetamine or 
  8.33  amphetamine; or 
  8.34     (iii) one or more mixtures of a total weight of five 
  8.35  kilograms or more containing marijuana or Tetrahydrocannabinols. 
  8.36     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
  9.1   controlled substance crime in the third degree if: 
  9.2      (1) on one or more occasions within a 90-day period the 
  9.3   person unlawfully possesses one or more mixtures of a total 
  9.4   weight of three six grams or more containing cocaine, heroin, or 
  9.5   methamphetamine; 
  9.6      (2) on one or more occasions within a 90-day period the 
  9.7   person unlawfully possesses one or more mixtures of a total 
  9.8   weight of ten six grams or more containing a narcotic drug other 
  9.9   than cocaine, heroin, or methamphetamine; 
  9.10     (3) on one or more occasions within a 90-day period the 
  9.11  person unlawfully possesses one or more mixtures of a total 
  9.12  weight of six grams or more containing a narcotic 
  9.13  drug amphetamine, phencyclidine, or hallucinogen, it if the 
  9.14  controlled substance is packaged in dosage units, and equals 50 
  9.15  100 or more dosage units; 
  9.16     (4) on one or more occasions within a 90-day period the 
  9.17  person unlawfully possesses any amount of a schedule I or II 
  9.18  narcotic drug or five one or more dosage units of lysergic acid 
  9.19  diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 
  9.20  3,4-methylenedioxymethamphetamine in a school zone, a park zone, 
  9.21  a public housing zone, or a drug treatment facility; 
  9.22     (5) on one or more occasions within a 90-day period the 
  9.23  person unlawfully possesses one or more mixtures of a total 
  9.24  weight of ten kilograms or more containing mixtures of a total 
  9.25  weight of 25 kilograms or more containing marijuana or 
  9.26  Tetrahydrocannabinols; or 
  9.27     (6) the person unlawfully possesses one or more mixtures 
  9.28  containing methamphetamine or amphetamine in a school zone, a 
  9.29  park zone, a public housing zone, or a drug treatment facility. 
  9.30     Subd. 3.  [PENALTY.] (a) A person convicted under 
  9.31  subdivision 1 or 2 may be sentenced to imprisonment for not more 
  9.32  than 20 years or to payment of a fine of not more than $250,000, 
  9.33  or both. 
  9.34     (b) If the conviction is a subsequent controlled substance 
  9.35  conviction, a person convicted under subdivision 1 or 2 shall be 
  9.36  committed to the commissioner of corrections for not less than 
 10.1   two three years nor more than 30 years and, in addition, may be 
 10.2   sentenced to payment of a fine of not more than $250,000.  
 10.3      (c) In a prosecution under subdivision 1 or 2 involving 
 10.4   sales or acts of possession by the same person in two or more 
 10.5   counties within a 90-day period, the person may be prosecuted in 
 10.6   any county in which one of the sales or acts of possession 
 10.7   occurred. 
 10.8      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 10.9   and applies to crimes committed on or after that date. 
 10.10     Sec. 5.  Minnesota Statutes 2002, section 152.024, is 
 10.11  amended to read: 
 10.12     152.024 [CONTROLLED SUBSTANCE CRIME IN THE FOURTH DEGREE.] 
 10.13     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
 10.14  controlled substance crime in the fourth degree if: 
 10.15     (1) the person unlawfully sells one or more mixtures 
 10.16  containing a controlled substance classified in schedule I, II, 
 10.17  or III, except marijuana or Tetrahydrocannabinols narcotic drug 
 10.18  or methamphetamine; 
 10.19     (2) on one or more occasions within a 90-day period the 
 10.20  person unlawfully sells one or more mixtures containing a 
 10.21  controlled substance classified in schedule IV or V to a person 
 10.22  under the age of 18 phencyclidine or hallucinogen that is 
 10.23  packaged in dosage units and equals ten or more dosage units; 
 10.24     (3) the person conspires with or employs a person under the 
 10.25  age of 18 to unlawfully sell unlawfully sells one or more 
 10.26  mixtures containing a controlled substance classified in 
 10.27  schedule IV or V I, II, or III, except a schedule I or II 
 10.28  narcotic drug, to a person under the age of 18; or 
 10.29     (4) the person conspires with or employs a person under the 
 10.30  age of 18 to unlawfully sells any amount of marijuana or 
 10.31  Tetrahydrocannabinols in a school zone, a park zone, a public 
 10.32  housing zone, or a drug treatment facility, except a small 
 10.33  amount for no remuneration sell one more mixtures containing a 
 10.34  controlled substance listed in schedule I, II, or III, except a 
 10.35  schedule I or II narcotic drug; or 
 10.36     (5) on one or more occasions within a 90-day period the 
 11.1   person unlawfully sells one or more mixtures of a total weight 
 11.2   of five kilograms or more containing marijuana or 
 11.3   Tetrahydrocannabinols. 
 11.4      Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
 11.5   controlled substance crime in the fourth degree if:  
 11.6      (1) on one or more occasions within a 90-day period the 
 11.7   person unlawfully possesses one or more mixtures of a total 
 11.8   weight of three grams or more containing phencyclidine or 
 11.9   hallucinogen, it is packaged in dosage units, and equals ten or 
 11.10  more dosage units cocaine, heroin, or methamphetamine; or 
 11.11     (2) on one more more occasions within a 90-day period the 
 11.12  person unlawfully possesses one or more mixtures of a total 
 11.13  weight of ten grams containing a controlled substance classified 
 11.14  in schedule I, II, or III, except marijuana or 
 11.15  Tetrahydrocannabinols, with the intent to sell it. narcotic drug 
 11.16  other than cocaine, heroin, or methamphetamine; 
 11.17     (3) on one or more occasions within a 90-day period the 
 11.18  person unlawfully possesses one or more mixtures containing a 
 11.19  narcotic drug that is packaged in dosage units and equals 50 or 
 11.20  more dosage units; 
 11.21     (4) on one or more occasions within a 90-day period the 
 11.22  person unlawfully possesses any amount of a schedule I or II 
 11.23  narcotic drug or five or more dosage units of lysergic acid 
 11.24  diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 
 11.25  3,4-methylenedioxymethamphetamine in a school zone, park zone, 
 11.26  public housing zone, or drug treatment facility; 
 11.27     (5) on one or more occasions within a 90-day period the 
 11.28  person unlawfully possesses one or more mixtures of a total 
 11.29  weight of ten kilograms or more containing marijuana or 
 11.30  Tetrahydrocannabinols; or 
 11.31     (6) the person unlawfully possesses one or more mixtures 
 11.32  containing methamphetamine or amphetamine in a school zone, park 
 11.33  zone, public housing zone, or drug treatment facility. 
 11.34     Subd. 3.  [PENALTY.] (a) A person convicted under 
 11.35  subdivision 1 or 2 may be sentenced to imprisonment for not more 
 11.36  than 15 years or to payment of a fine of not more than $100,000, 
 12.1   or both. 
 12.2      (b) If the conviction is a subsequent controlled substance 
 12.3   conviction, a person convicted under subdivision 1 or 2 shall be 
 12.4   committed to the commissioner of corrections or to a local 
 12.5   correctional authority for not less than one year two years nor 
 12.6   more than 30 25 years and, in addition, may be sentenced to 
 12.7   payment of a fine of not more than $100,000, except as provided 
 12.8   for in section 152.185. 
 12.9      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 12.10  and applies to crimes committed on or after that date. 
 12.11     Sec. 6.  Minnesota Statutes 2002, section 152.025, is 
 12.12  amended to read: 
 12.13     152.025 [CONTROLLED SUBSTANCE CRIME IN THE FIFTH DEGREE.] 
 12.14     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
 12.15  controlled substance crime in the fifth degree if: 
 12.16     (1) the person unlawfully sells one or more mixtures 
 12.17  containing a controlled substance classified in schedule I, II, 
 12.18  or III, except marijuana or Tetrahydrocannabinols, except a 
 12.19  small amount of marijuana for no remuneration; or 
 12.20     (2) the person unlawfully sells one or more mixtures 
 12.21  containing a controlled substance classified in schedule IV or V 
 12.22  to a person under the age of 18; 
 12.23     (3) the person conspires with or employs a person under the 
 12.24  age of 18 to unlawfully sell a controlled substance classified 
 12.25  in schedule IV or V; or 
 12.26     (4) the person unlawfully sells any amount of marijuana or 
 12.27  Tetrahydrocannabinols in a school zone, park zone, public 
 12.28  housing zone, or drug treatment facility, except a small amount 
 12.29  for no remuneration. 
 12.30     Subd. 2.  [POSSESSION AND OTHER CRIMES.] A person is guilty 
 12.31  of controlled substance crime in the fifth degree if: 
 12.32     (1) the person unlawfully possesses one or more mixtures 
 12.33  containing a controlled substance classified in schedule I, II, 
 12.34  III, or IV, except a small amount of marijuana phencyclidine or 
 12.35  hallucinogen that is packaged in dosage units and equals ten or 
 12.36  more dosage units; or 
 13.1      (2) the person procures, attempts to procure, unlawfully 
 13.2   possesses, or has control over a controlled substance by any of 
 13.3   the following means: 
 13.4      (i) fraud, deceit, misrepresentation, or subterfuge; 
 13.5      (ii) using a false name or giving false credit; or 
 13.6      (iii) falsely assuming the title of, or falsely 
 13.7   representing any person to be, a manufacturer, wholesaler, 
 13.8   pharmacist, physician, doctor of osteopathy licensed to practice 
 13.9   medicine, dentist, podiatrist, veterinarian, or other authorized 
 13.10  person for the purpose of obtaining a controlled substance one 
 13.11  or more mixtures containing a controlled substance classified in 
 13.12  schedule I, II, or III, except marijuana or 
 13.13  Tetrahydrocannabinols, with the intent to sell it. 
 13.14     Subd. 3.  [PENALTY.] (a) A person convicted under 
 13.15  subdivision 1 or 2 may be sentenced to imprisonment for not more 
 13.16  than five ten years or to payment of a fine of not more than 
 13.17  $10,000 $50,000, or both. 
 13.18     (b) If the conviction is a subsequent controlled substance 
 13.19  conviction, a person convicted under subdivision 1 or 2 shall be 
 13.20  committed to the commissioner of corrections or to a local 
 13.21  correctional authority for not less than six months one year nor 
 13.22  more than ten 20 years and, in addition, may be sentenced to 
 13.23  payment of a fine of not more than $20,000 $50,000, except as 
 13.24  provided for in section 152.185. 
 13.25     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 13.26  and applies to crimes committed on or after that date. 
 13.27     Sec. 7.  [152.0251] [CONTROLLED SUBSTANCE CRIME IN THE 
 13.28  SIXTH DEGREE.] 
 13.29     Subdivision 1.  [SALE CRIMES.] A person is guilty of a 
 13.30  controlled substance crime in the sixth degree if: 
 13.31     (1) the person unlawfully sells one or more mixtures 
 13.32  containing marijuana or Tetrahydrocannabinols, except a small 
 13.33  amount of marijuana for no remuneration; or 
 13.34     (2) the person unlawfully sells one or more mixtures 
 13.35  containing a controlled substance classified in schedule IV. 
 13.36     Subd. 2.  [POSSESSION AND OTHER CRIMES.] A person is guilty 
 14.1   of a controlled substance crime in the sixth degree if: 
 14.2      (1) the person unlawfully possesses one or more mixtures 
 14.3   containing a controlled substance classified in schedule I, II, 
 14.4   III, or IV, except a small amount of marijuana; or 
 14.5      (2) the person procures, attempts to procure, possesses, or 
 14.6   has control over a controlled substance by any of the following 
 14.7   means: 
 14.8      (i) fraud, deceit, misrepresentation, or subterfuge; 
 14.9      (ii) using a false name or giving false credit; or 
 14.10     (iii) falsely assuming the title of, or falsely 
 14.11  representing any person to be a manufacturer, wholesaler, 
 14.12  pharmacist, physician, doctor of osteopathy licensed to practice 
 14.13  medicine, dentist, podiatrist, veterinarian, or other authorized 
 14.14  person for the purpose of obtaining a controlled substance. 
 14.15     Subd. 3.  [PENALTY.] (a) A person convicted under 
 14.16  subdivision 1 or 2 may be sentenced to imprisonment for not more 
 14.17  than five years or to payment of a fine of not more than 
 14.18  $10,000, or both. 
 14.19     (b) If the conviction is a subsequent controlled substance 
 14.20  conviction, a person convicted under subdivision 1 or 2 shall be 
 14.21  committed to the commissioner of corrections or to a local 
 14.22  correctional authority for not less than six months nor more 
 14.23  than ten years and, in addition, may be sentenced to payment of 
 14.24  a fine of not more than $20,000, except as provided for in 
 14.25  section 152.185.  
 14.26     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 14.27  and applies to crimes committed on or after that date.  
 14.28     Sec. 8.  Minnesota Statutes 2002, section 152.027, is 
 14.29  amended by adding a subdivision to read: 
 14.30     Subd. 5.  [LOITERING WITH THE PURPOSE TO PURCHASE A 
 14.31  CONTROLLED SUBSTANCE.] A person who loiters on the streets or in 
 14.32  a public place or in a place open to the public with the purpose 
 14.33  to purchase a controlled substance and who engages in conduct, 
 14.34  that under the circumstances, manifests a purpose to purchase a 
 14.35  controlled substance is guilty of a gross misdemeanor.  A person 
 14.36  convicted under this subdivision must be sentenced to a minimum 
 15.1   of 90 hours of sentence to serve.  
 15.2      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 15.3   and applies to crimes committed on or after that date. 
 15.4      Sec. 9.  [152.185] [NONPRISON SENTENCE OF DRUG ABUSE 
 15.5   TREATMENT FOR CERTAIN OFFENDERS.] 
 15.6      Subdivision 1.  [SENTENCE OF DRUG ABUSE TREATMENT.] The 
 15.7   sentencing court must sentence nonviolent offenders, as defined 
 15.8   in section 152.01, subdivision 23, to treatment in a drug abuse 
 15.9   treatment program until the offender is determined suitable for 
 15.10  discharge by the court, unless the court determines that at the 
 15.11  time of sentencing that the offender is unamenable to 
 15.12  treatment.  The term of treatment shall not exceed 18 months.  
 15.13  If the court determines that the offender is unamenable to 
 15.14  treatment, the court shall sentence the offender to a term of 
 15.15  imprisonment established by the legislature for the offense of 
 15.16  conviction. 
 15.17     Subd. 2.  [TREATMENT ASSESSMENT.] As part of the 
 15.18  presentence investigation under Minnesota Rules of Criminal 
 15.19  Procedure, Rule 27, every nonviolent offender must undergo a 
 15.20  drug abuse assessment.  The party performing the drug abuse 
 15.21  assessment must submit a report to the sentencing court 
 15.22  containing a recommendation on the offender's need for and 
 15.23  amenability to drug treatment. 
 15.24     Subd. 3.  [INTERMEDIATE SANCTIONS.] In addition to the 
 15.25  sentence of drug abuse treatment, the court may impose nonprison 
 15.26  sanctions for an offender's failure to comply with the 
 15.27  conditions of the offender's drug treatment program.  
 15.28  Intermediate nonprison sanctions include, but are not limited 
 15.29  to, the following: 
 15.30     (1) electronic monitoring; 
 15.31     (2) house arrest; 
 15.32     (3) intensified treatment or supervision; 
 15.33     (4) community service; 
 15.34     (5) fines; and 
 15.35     (6) up to one year in a county jail. 
 15.36     Subd. 4.  [GROUNDS FOR DISCHARGE.] (a) The court must 
 16.1   discharge an offender from the program if: 
 16.2      (1) the offender is convicted of a new felony offense, 
 16.3   other than drug possession; 
 16.4      (2) the offender is convicted of a third felony drug 
 16.5   offense; or 
 16.6      (3) the court finds that the offender intentionally 
 16.7   demonstrated a refusal to comply with or participate in the 
 16.8   treatment program. 
 16.9      (b) Discharged offenders shall be sentenced according to 
 16.10  the penalties established by the legislature for the crime of 
 16.11  conviction but must serve at least one year and a day in a state 
 16.12  correctional facility. 
 16.13     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 16.14  and applies to offenders convicted on or after that date. 
 16.15     Sec. 10.  Minnesota Statutes 2002, section 590.01, is 
 16.16  amended by adding a subdivision to read: 
 16.17     Subd. 4.  [APPLICATION FOR RELIEF FROM DRUG SENTENCE.] A 
 16.18  person who has been convicted and sentenced for a crime under 
 16.19  section 152.021, 152.022, 152.023, 152.024, or 152.025 prior to 
 16.20  August 1, 2004, may institute a proceeding applying for relief 
 16.21  under this chapter upon the grounds that a significant change in 
 16.22  substantive or procedural law has occurred which, in the 
 16.23  interest of justice, should be applied retrospectively, 
 16.24  including resentencing under subsequently enacted law. 
 16.25     No petition seeking resentencing shall be granted unless 
 16.26  the court makes specific findings of fact that release of the 
 16.27  petitioner prior to the time the petitioner would be released 
 16.28  under the sentence currently being served does not present a 
 16.29  danger to the public and is not incompatible with the welfare of 
 16.30  society.  
 16.31     [EFFECTIVE DATE.] This section is effective August 1, 2004. 
 16.32     Sec. 11.  [DRUG TREATMENT TASK FORCE.] 
 16.33     Subdivision 1.  [TASK FORCE ESTABLISHED.] The executive 
 16.34  director of the sentencing guidelines commission shall convene a 
 16.35  task force to develop guidelines, criteria, and procedures for 
 16.36  implementing the nonviolent drug offender treatment program 
 17.1   established in section 152.185.  The task force shall: 
 17.2      (1) identify standard criteria and procedures for 
 17.3   evaluating offenders for drug addiction; 
 17.4      (2) establish guidelines for judges to follow in sentencing 
 17.5   offenders to drug treatment; 
 17.6      (3) identify procedures for housing nonviolent offenders if 
 17.7   there are insufficient treatment facilities available; 
 17.8      (4) identify procedures for supervising and monitoring 
 17.9   offenders sentenced to treatment, including judicial and 
 17.10  administrative supervision; 
 17.11     (5) identify treatment options that address the continuum 
 17.12  of services needed to treat substance abusers, including alcohol 
 17.13  abuse; 
 17.14     (6) identify criteria for certifying a drug treatment 
 17.15  facility; 
 17.16     (7) recommend which agency should be responsible for 
 17.17  certifying drug treatment facilities; 
 17.18     (8) establish reporting and disclosure guidelines for 
 17.19  certified drug treatment facilities; 
 17.20     (9) develop a set of best practices based on the experience 
 17.21  of other states that have implemented a drug treatment 
 17.22  alternative for nonviolent drug offenders; and 
 17.23     (10) make recommendations on all other topics the task 
 17.24  force deems necessary to implement the drug abuse treatment 
 17.25  program. 
 17.26     Subd. 2.  [MEMBERS.] (a) The task force consists of 22 
 17.27  voting members, appointed as follows: 
 17.28     (1) the executive director of the sentencing guidelines 
 17.29  commission; 
 17.30     (2) the commissioner of corrections, or a designee; 
 17.31     (3) the commissioner of human services, or a designee; 
 17.32     (4) the commissioner of public safety, or a designee; 
 17.33     (5) the attorney general, or a designee; 
 17.34     (6) the state court administrator, or a designee; 
 17.35     (7) a district court judge; 
 17.36     (8) the Hennepin County attorney, or designees; 
 18.1      (9) the Ramsey County attorney, or designee; 
 18.2      (10) a suburban county attorney, or designee; 
 18.3      (11) an outstate county attorney, or designee; 
 18.4      (12) the state public defender, or designee; 
 18.5      (13) a district public defender, or designee; 
 18.6      (14) the executive director of the state bar association, 
 18.7   or a designee; 
 18.8      (15) the executive director of the Minnesota Police and 
 18.9   Peace Officers Association, or a designee; 
 18.10     (16) the executive director of the Minnesota Sheriff's 
 18.11  Association, or a designee; 
 18.12     (17) a licensed psychiatrist with experience counseling 
 18.13  drug abusers; 
 18.14     (18) two drug treatment professionals experienced in 
 18.15  counseling drug abusers; and 
 18.16     (19) a representative of probation and parole officers 
 18.17  employed by the Department of Corrections and a representative 
 18.18  of probation and parole officers in Community Corrections Act 
 18.19  counties and county probation counties. 
 18.20     (b) Members must be appointed as soon as practicable after 
 18.21  the effective date of this section.  Vacancies and removal of 
 18.22  members is governed by Minnesota Statutes, section 15.059, 
 18.23  subdivision 4. 
 18.24     (c) The executive director of the sentencing guidelines 
 18.25  commission shall serve as the chair of the task force and shall 
 18.26  convene the first meeting of the task force as soon as 
 18.27  practicable after the members are appointed, but no later than 
 18.28  June 1, 2004. 
 18.29     (d) The chair may appoint subgroups as needed to 
 18.30  investigate and formulate recommendations related to specific 
 18.31  issues. 
 18.32     Subd. 3.  [REPORT REQUIRED.] By November 15, 2005, the 
 18.33  executive director of the sentencing guidelines commissioner 
 18.34  shall provide a report containing the task force's guidelines, 
 18.35  criteria, procedures, and recommendations to the chairs and 
 18.36  ranking minority members of the senate and house committees 
 19.1   having jurisdiction over issues related to criminal justice and 
 19.2   human services.  The guidelines, criteria, procedures, and 
 19.3   recommendations, other than recommendations for legislation or 
 19.4   administrative rules, contained in the report will become 
 19.5   effective on August 1, 2005, unless the legislature accepts, 
 19.6   modifies, or rejects the contents of the report before that time.
 19.7      Subd. 4.  [EXPIRATION.] The task force expires upon 
 19.8   submission of its report to the legislature. 
 19.9      [EFFECTIVE DATE.] This section is effective the day 
 19.10  following final enactment. 
 19.11     Sec. 12.  [REVISOR INSTRUCTION.] 
 19.12     The revisor of statutes shall correct all necessary 
 19.13  cross-references consistent with the coding and controlled 
 19.14  substance degree changes made in Minnesota Statutes, sections 
 19.15  152.021 to 152.0251.  If certain cross-reference changes are not 
 19.16  clear and involve policy determinations, the revisor in 
 19.17  consultation with house research shall prepare a bill for the 
 19.18  2004 legislative session that corrects the cross-references 
 19.19  consistent with the coding and controlled substance degree 
 19.20  changes made in Minnesota Statutes, sections 152.021 to 152.0251.
 19.21     Sec. 13.  [APPROPRIATION.] 
 19.22     $....... is appropriated from the general fund to the 
 19.23  Commissioner of Human Services to fund treatment services 
 19.24  mandated by section 9.  This appropriation is available for the 
 19.25  biennium ending June 30, 2005.