HF 3952

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/29/2024 03:48pm

A bill for an act
relating to public safety; modifying controlled substance laws; providing for
noncriminal referrals for certain controlled substance users; amending Minnesota
Statutes 2022, section 152.025, subdivision 4; Minnesota Statutes 2023 Supplement,
sections 152.023, subdivision 2; 152.025, subdivision 2.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 152.023, subdivision 2, is amended
to read:

Subd. 2.

Possession crimes.

(a) 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 ten grams or more containing a narcotic drug other
than heroin or fentanyl;

(2) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of: (i) a total weight of three grams or more containing heroin; or (ii)
a total weight of five grams or more, or 25 dosage units or more, containing fentanyl;

(3) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures containing a narcotic drug other than heroin or fentanyl, 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
deleted text begin any deleted text end new text begin more than a residual new text end 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:

(i) more than ten kilograms of cannabis flower;

(ii) more than two kilograms of cannabis concentrate; or

(iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer
products, or any combination of those infused with more than 200 grams of
tetrahydrocannabinol; or

(6) the person unlawfully possesses one or more mixtures new text begin of more than a residual amount
new text end containing methamphetamine or amphetamine in a school zone, a park zone, a public housing
zone, or a drug treatment facility.

(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.

Sec. 2.

Minnesota Statutes 2023 Supplement, section 152.025, subdivision 2, is amended
to read:

Subd. 2.

Possession and other crimes.

A person is guilty of controlled substance crime
in the fifth degree and upon conviction may be sentenced as provided in subdivision 4 if:

(1) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in Schedule I, II, III, or IV, except cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products or a residual amount of
one or more mixtures of controlled substances deleted text begin contained in drug paraphernalia deleted text end ; or

(2) the person procures, attempts to procure, possesses, or has control over a controlled
substance by any of the following means:

(i) fraud, deceit, misrepresentation, or subterfuge;

(ii) using a false name or giving false credit; or

(iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer,
wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance.

Sec. 3.

Minnesota Statutes 2022, section 152.025, subdivision 4, is amended to read:

Subd. 4.

Penalty.

(a) A person convicted under the provisions of subdivision 2, clause
(1), who has not been previously convicted of a violation of this chapter or a similar offense
in another jurisdiction, is guilty of a gross misdemeanor if: (1) the amount of the controlled
substance possessed, other than heroin, is less than 0.25 grams or one dosage unit or less if
the controlled substance was possessed in dosage units; or (2) the controlled substance
possessed is heroin and the amount possessed is less than 0.05 grams.

(b) A person convicted under the provisions of subdivision 1; subdivision 2, clause (1),
unless the conduct is described in paragraph (a); or subdivision 2, clause (2), may be
sentenced to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both.

new text begin (c) If a peace officer encounters a person who is suspected of violating this section, the
peace officer may refer the person to a local service provider that can offer substance use
assistance to the person. Upon request at the time of initial contact, a peace officer must, if
practicable and available, provide a person suspected of violating this section with a referral
to local service providers. For purposes of this paragraph, "local service provider" includes
but is not limited to substance use disorder treatment and recovery providers, peer support
groups and systems, homeless shelters, detoxification centers, hospital systems, mental
health crisis centers, naloxone providers, syringe service providers, and harm reduction
programs.
new text end