SF 1891

Introduction - 80th Legislature (1997 - 1998)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act
  1.2             relating to controlled substances; creating a 
  1.3             drug-free zone around residential chemical dependency 
  1.4             treatment facilities; increasing criminal penalties 
  1.5             for drug crimes committed within these zones; amending 
  1.6             Minnesota Statutes 1996, sections 152.01, by adding a 
  1.7             subdivision; 152.021, subdivision 1; 152.022, 
  1.8             subdivision 1; 152.023, subdivision 2; 152.024, 
  1.9             subdivision 1; and 152.029. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 152.01, is 
  1.12  amended by adding a subdivision to read: 
  1.13     Subd. 22.  [DRUG TREATMENT FACILITY ZONE.] "Drug treatment 
  1.14  facility zone" means any facility in which a residential 
  1.15  rehabilitation program licensed under Minnesota Rules, parts 
  1.16  9530.4100 to 9530.4450, is located, plus the area within 300 
  1.17  feet of the facility's property boundary or one city block, 
  1.18  whichever distance is greater. 
  1.19     Sec. 2.  Minnesota Statutes 1996, section 152.021, 
  1.20  subdivision 1, is amended to read: 
  1.21     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  1.22  controlled substance crime in the first degree if: 
  1.23     (1) on one or more occasions within a 90-day period the 
  1.24  person unlawfully sells one or more mixtures of a total weight 
  1.25  of ten grams or more containing cocaine; 
  1.26     (2) on one or more occasions within a 90-day period the 
  1.27  person unlawfully sells one or more mixtures of a total weight 
  2.1   of 50 grams or more containing a narcotic drug other than 
  2.2   cocaine; 
  2.3      (3) on one or more occasions within a 90-day period the 
  2.4   person unlawfully sells one or more mixtures of a total weight 
  2.5   of 50 grams or more containing methamphetamine, amphetamine, 
  2.6   phencyclidine, or hallucinogen or, if the controlled substance 
  2.7   is packaged in dosage units, equaling 200 or more dosage units; 
  2.8   or 
  2.9      (4) on one or more occasions within a 90-day period the 
  2.10  person unlawfully sells one or more mixtures of a total weight 
  2.11  of 50 kilograms or more containing marijuana or 
  2.12  Tetrahydrocannabinols, or one or more mixtures of a total weight 
  2.13  of 25 kilograms or more containing marijuana or 
  2.14  Tetrahydrocannabinols in a school zone, a park zone, a drug 
  2.15  treatment facility zone, or a public housing zone. 
  2.16     Sec. 3.  Minnesota Statutes 1996, section 152.022, 
  2.17  subdivision 1, is amended to read: 
  2.18     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  2.19  controlled substance crime in the second degree if: 
  2.20     (1) on one or more occasions within a 90-day period the 
  2.21  person unlawfully sells one or more mixtures of a total weight 
  2.22  of three grams or more containing cocaine; 
  2.23     (2) on one or more occasions within a 90-day period the 
  2.24  person unlawfully sells one or more mixtures of a total weight 
  2.25  of ten grams or more containing a narcotic drug other than 
  2.26  cocaine; 
  2.27     (3) on one or more occasions within a 90-day period the 
  2.28  person unlawfully sells one or more mixtures of a total weight 
  2.29  of ten grams or more containing methamphetamine, amphetamine, 
  2.30  phencyclidine, or hallucinogen or, if the controlled substance 
  2.31  is packaged in dosage units, equaling 50 or more dosage units; 
  2.32     (4) on one or more occasions within a 90-day period the 
  2.33  person unlawfully sells one or more mixtures of a total weight 
  2.34  of 25 kilograms or more containing marijuana or 
  2.35  Tetrahydrocannabinols; 
  2.36     (5) the person unlawfully sells any amount of a schedule I 
  3.1   or II narcotic drug to a person under the age of 18, or 
  3.2   conspires with or employs a person under the age of 18 to 
  3.3   unlawfully sell the substance; or 
  3.4      (6) the person unlawfully sells any of the following in a 
  3.5   school zone, a park zone, a drug treatment facility zone, or a 
  3.6   public housing zone: 
  3.7      (i) any amount of a schedule I or II narcotic drug, or 
  3.8   lysergic acid diethylamide (LSD); 
  3.9      (ii) one or more mixtures containing methamphetamine or 
  3.10  amphetamine; or 
  3.11     (iii) one or more mixtures of a total weight of five 
  3.12  kilograms or more containing marijuana or Tetrahydrocannabinols. 
  3.13     Sec. 4.  Minnesota Statutes 1996, section 152.023, 
  3.14  subdivision 2, is amended to read: 
  3.15     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
  3.16  controlled substance crime in the third degree if: 
  3.17     (1) the person unlawfully possesses one or more mixtures of 
  3.18  a total weight of three grams or more containing cocaine; 
  3.19     (2) the person unlawfully possesses one or more mixtures of 
  3.20  a total weight of ten grams or more containing a narcotic drug 
  3.21  other than cocaine; 
  3.22     (3) the person unlawfully possesses one or more mixtures 
  3.23  containing a narcotic drug, it is packaged in dosage units, and 
  3.24  equals 50 or more dosage units; 
  3.25     (4) the person unlawfully possesses any amount of a 
  3.26  schedule I or II narcotic drug or five or more dosage units of 
  3.27  lysergic acid diethylamide (LSD) in a school zone, a park 
  3.28  zone, a drug treatment facility zone, or a public housing zone; 
  3.29     (5) the person unlawfully possesses one or more mixtures of 
  3.30  a total weight of ten kilograms or more containing marijuana or 
  3.31  Tetrahydrocannabinols; or 
  3.32     (6) the person unlawfully possesses one or more mixtures 
  3.33  containing methamphetamine or amphetamine in a school zone, a 
  3.34  park zone, or a public housing zone. 
  3.35     Sec. 5.  Minnesota Statutes 1996, section 152.024, 
  3.36  subdivision 1, is amended to read: 
  4.1      Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  4.2   controlled substance crime in the fourth degree if: 
  4.3      (1) the person unlawfully sells one or more mixtures 
  4.4   containing a controlled substance classified in schedule I, II, 
  4.5   or III, except marijuana or Tetrahydrocannabinols; 
  4.6      (2) the person unlawfully sells one or more mixtures 
  4.7   containing a controlled substance classified in schedule IV or V 
  4.8   to a person under the age of 18; 
  4.9      (3) the person conspires with or employs a person under the 
  4.10  age of 18 to unlawfully sell a controlled substance classified 
  4.11  in schedule IV or V; or 
  4.12     (4) the person unlawfully sells any amount of marijuana or 
  4.13  Tetrahydrocannabinols in a school zone, a park zone, a drug 
  4.14  treatment facility zone, or a public housing zone, except a 
  4.15  small amount for no remuneration. 
  4.16     Sec. 6.  Minnesota Statutes 1996, section 152.029, is 
  4.17  amended to read: 
  4.18     152.029 [PUBLIC INFORMATION:  SCHOOL ZONES, PARK ZONES, 
  4.19  DRUG TREATMENT FACILITY ZONES, AND PUBLIC HOUSING ZONES.] 
  4.20     The attorney general shall disseminate information to the 
  4.21  public relating to the penalties for committing controlled 
  4.22  substance crimes in park zones, school zones, drug treatment 
  4.23  facility zones, and public housing zones.  The attorney general 
  4.24  shall draft a plain language version of sections 152.022 and 
  4.25  152.023 and relevant provisions of the sentencing guidelines, 
  4.26  that describes in a clear and coherent manner using words with 
  4.27  common and everyday meanings the content of those provisions.  
  4.28  The attorney general shall publicize and disseminate the plain 
  4.29  language version as widely as practicable, including 
  4.30  distributing the version to school boards, local governments, 
  4.31  and administrators and occupants of drug treatment facilities 
  4.32  and public housing. 
  4.33     Sec. 7.  [EFFECTIVE DATE.] 
  4.34     Sections 1 to 6 are effective August 1, 1997, and apply to 
  4.35  crimes committed on or after that date.