1.1                          A bill for an act
  1.2             relating to crime prevention; increasing the penalty 
  1.3             from a petty misdemeanor to a misdemeanor for selling, 
  1.4             for no remuneration, or possessing a small amount of 
  1.5             marijuana in a school or park zone; changing the 
  1.6             penalty for selling tobacco to a person under 18; 
  1.7             providing defense; amending Minnesota Statutes 1998, 
  1.8             sections 152.027, subdivision 4; 260.015, subdivision 
  1.9             23; and 609.685, subdivision 2; repealing Minnesota 
  1.10            Statutes 1998, section 609.685, subdivision 1a. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1998, section 152.027, 
  1.13  subdivision 4, is amended to read: 
  1.14     Subd. 4.  [POSSESSION OR SALE OF SMALL AMOUNTS OF 
  1.15  MARIJUANA.] (a) A person who unlawfully sells a small amount of 
  1.16  marijuana for no remuneration in a school zone or a park zone, 
  1.17  or unlawfully possesses a small amount of marijuana in a school 
  1.18  zone or a park zone, is guilty of a misdemeanor. 
  1.19     (b) Except as otherwise provided in paragraph (a), a person 
  1.20  who unlawfully sells a small amount of marijuana for no 
  1.21  remuneration, or who unlawfully possesses a small amount of 
  1.22  marijuana is guilty of a petty misdemeanor punishable by a fine 
  1.23  of up to $200 and participation shall be ordered to participate 
  1.24  in a drug education program unless the court enters a written 
  1.25  finding that a drug education program is inappropriate.  The 
  1.26  program must be approved by an area mental health board with a 
  1.27  curriculum approved by the state alcohol and drug abuse 
  1.28  authority. 
  2.1      (b) (c) A person convicted of an unlawful sale under 
  2.2   paragraph (a) (b) who is subsequently convicted of an unlawful 
  2.3   sale under paragraph (a) (b) within two years is guilty of a 
  2.4   misdemeanor and shall be required to participate in a chemical 
  2.5   dependency evaluation and treatment if so indicated by the 
  2.6   evaluation. 
  2.7      (c) (d) A person who is convicted of a petty misdemeanor 
  2.8   under paragraph (a) (b) who willfully and intentionally fails to 
  2.9   comply with the sentence imposed, is guilty of a misdemeanor.  
  2.10  Compliance with the terms of the sentence imposed before 
  2.11  conviction under this paragraph is an absolute defense. 
  2.12     Sec. 2.  Minnesota Statutes 1998, section 260.015, 
  2.13  subdivision 23, is amended to read: 
  2.14     Subd. 23.  [JUVENILE CONTROLLED SUBSTANCE OFFENSE.] 
  2.15  "Juvenile controlled substance offense" means a violation by a 
  2.16  child of section 152.027, subdivision 4, paragraph (b), with 
  2.17  respect to a small amount of marijuana or an equivalent local 
  2.18  ordinance. 
  2.19     Sec. 3.  Minnesota Statutes 1998, section 609.685, 
  2.20  subdivision 2, is amended to read: 
  2.21     Subd. 2.  [MISDEMEANOR.] (a) Whoever furnishes or sells 
  2.22  tobacco or tobacco-related devices to a person under the age of 
  2.23  18 years is guilty of a misdemeanor. 
  2.24     (b) It is an affirmative defense to a charge for sale of 
  2.25  tobacco or tobacco-related devices if the defendant proves by a 
  2.26  preponderance of the evidence that the defendant reasonably and 
  2.27  in good faith relied on proof of age as described in section 
  2.28  340A.503, subdivision 6. 
  2.29     Sec. 4.  [REPEALER.] 
  2.30     Minnesota Statutes 1998, section 609.685, subdivision 1a, 
  2.31  is repealed. 
  2.32     Sec. 5.  [EFFECTIVE DATE.] 
  2.33     Sections 1 and 2 are effective August 1, 1999, and apply to 
  2.34  violations occurring on or after that date.  Sections 3 and 4 
  2.35  are effective the day following final enactment and apply to 
  2.36  crimes committed on or after that date.