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HF 2789

as introduced - 87th Legislature (2011 - 2012) Posted on 04/18/2012 12:45pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Bill Text Versions

Engrossments
Introduction Posted on 03/12/2012

Current Version - as introduced

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A bill for an act
 relating to public safety; amending the definitions of drug paraphernalia and
methamphetamine paraphernalia; amending Minnesota Statutes 2010, sections
152.01, subdivision 18; 152.137, subdivision 1.

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

Section 1.

Minnesota Statutes 2010, section 152.01, subdivision 18, is amended to read:


Subd. 18.

Drug paraphernalia.

(a) Except as otherwise provided in paragraph (b),
"drug paraphernalia" means all equipment, products, and materials of any kind, except
those items used in conjunction with permitted uses of controlled substances under this
chapter or the Uniform Controlled Substances Act, which are knowingly or intentionally
used primarily in (1) manufacturingnew text begin , packaging, selling, or buyingnew text end a controlled substance,
(2) injecting, ingesting, inhaling, or otherwise introducing into the human body a
controlled substance, (3) testing the strength, effectiveness, or purity of a controlled
substance, or (4) enhancing the effect of a controlled substance.

(b) "Drug paraphernalia" does not include the possession, manufacture, delivery, or
sale of hypodermic needles or syringes in accordance with section 151.40, subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to crimes
committed on or after that date.
 new text end

Sec. 2.

Minnesota Statutes 2010, section 152.137, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) As used in this section, the following terms have
the meanings given.

(b) "Chemical substance" means a substance intended to be used as a precursor in
the manufacture of methamphetamine or any other chemical intended to be used in the
manufacture of methamphetamine.

(c) "Child" means any person under the age of 18 years.

(d) "Methamphetamine paraphernalia" means all equipment, products, and materials
of any kind that are used, intended for use, or designed for use in manufacturing,new text begin
packaging, selling, or buying methamphetamine, ornew text end injecting, ingesting, inhaling, or
otherwise introducing methamphetamine into the human body.

(e) "Methamphetamine waste products" means substances, chemicals, or items of
any kind used in the manufacture of methamphetamine or any part of the manufacturing
process, or the by-products or degradates of manufacturing methamphetamine.

(f) "Vulnerable adult" has the meaning given in section 609.232, subdivision 11.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to crimes
committed on or after that date.
 new text end