1.1                          A bill for an act
  1.2             relating to controlled substances; increasing the 
  1.3             penalty from a petty misdemeanor to a misdemeanor for 
  1.4             selling, for no remuneration, or possessing a small 
  1.5             amount of marijuana in a school or park zone; amending 
  1.6             Minnesota Statutes 1998, sections 152.027, subdivision 
  1.7             4; and 260.015, subdivision 23. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 152.027, 
  1.10  subdivision 4, is amended to read: 
  1.11     Subd. 4.  [POSSESSION OR SALE OF SMALL AMOUNTS OF 
  1.12  MARIJUANA.] (a) A person who unlawfully sells a small amount of 
  1.13  marijuana for no remuneration in a school zone or a park zone, 
  1.14  or unlawfully possesses a small amount of marijuana in a school 
  1.15  zone or a park zone, is guilty of a misdemeanor. 
  1.16     (b) Except as otherwise provided in paragraph (a), a person 
  1.17  who unlawfully sells a small amount of marijuana for no 
  1.18  remuneration, or who unlawfully possesses a small amount of 
  1.19  marijuana is guilty of a petty misdemeanor punishable by a fine 
  1.20  of up to $200 and participation shall be ordered to participate 
  1.21  in a drug education program unless the court enters a written 
  1.22  finding that a drug education program is inappropriate.  The 
  1.23  program must be approved by an area mental health board with a 
  1.24  curriculum approved by the state alcohol and drug abuse 
  1.25  authority. 
  1.26     (b) (c) A person convicted of an unlawful sale under 
  2.1   paragraph (a) (b) who is subsequently convicted of an unlawful 
  2.2   sale under paragraph (a) (b) within two years is guilty of a 
  2.3   misdemeanor and shall be required to participate in a chemical 
  2.4   dependency evaluation and treatment if so indicated by the 
  2.5   evaluation. 
  2.6      (c) (d) A person who is convicted of a petty misdemeanor 
  2.7   under paragraph (a) (b) who willfully and intentionally fails to 
  2.8   comply with the sentence imposed, is guilty of a misdemeanor.  
  2.9   Compliance with the terms of the sentence imposed before 
  2.10  conviction under this paragraph is an absolute defense. 
  2.11     Sec. 2.  Minnesota Statutes 1998, section 260.015, 
  2.12  subdivision 23, is amended to read: 
  2.13     Subd. 23.  [JUVENILE CONTROLLED SUBSTANCE OFFENSE.] 
  2.14  "Juvenile controlled substance offense" means a violation by a 
  2.15  child of section 152.027, subdivision 4, paragraph (b), with 
  2.16  respect to a small amount of marijuana or an equivalent local 
  2.17  ordinance. 
  2.18     Sec. 3.  [EFFECTIVE DATE.] 
  2.19     Sections 1 and 2 are effective August 1, 1999, and apply to 
  2.20  violations occurring on or after that date.