1.1 	A bill for an act
1.2 	relating to public safety; decriminalizing the possession of residual amounts of 
1.3 	controlled substances contained in drug paraphernalia and similar items;amending 
1.4 	Minnesota Statutes 2024, sections 152.023, subdivision 2; 152.025, subdivision 
1.5 	2.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2024, section 152.023, subdivision 2, is amended to read:
1.8 		Subd. 2.Possession crimes. (a) A person is guilty of controlled substance crime in the 
1.9 	third degree if:
1.10 	(1) on one or more occasions within a 90-day period the person unlawfully possesses 
1.11 	one or more mixtures of a total weight of ten grams or more containing a narcotic drug other 
1.12 	than heroin or fentanyl;
1.13 	(2) on one or more occasions within a 90-day period the person unlawfully possesses 
1.14 	one or more mixtures of: (i) a total weight of three grams or more containing heroin; or (ii) 
1.15 	a total weight of five grams or more, or 25 dosage units or more, containing fentanyl;
1.16 	(3) on one or more occasions within a 90-day period the person unlawfully possesses 
1.17 	one or more mixtures containing a narcotic drug other than heroin or fentanyl, it is packaged 
1.18 	in dosage units, and equals 50 or more dosage units;
1.19 	(4) on one or more occasions within a 90-day period the person unlawfully possesses 
1.20 	any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid 
1.21 	diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 
1.22 	3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone, 
1.23 	or a drug treatment facility, except a residual amount contained in drug paraphernalia, a 
2.1 	hypodermic syringe or needle or any instrument or implement that can be adapted for 
2.2 	subcutaneous injection, or a small plastic bag of the type commonly used to store controlled 
2.3 	substances in an amount for personal use;
2.4 	(5) on one or more occasions within a 90-day period the person unlawfully possesses:
2.5 	(i) more than ten kilograms of cannabis flower;
2.6 	(ii) more than two kilograms of cannabis concentrate; or
2.7 	(iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer 
2.8 	products, or any combination of those infused with more than 200 grams of 
2.9 	tetrahydrocannabinol; or
2.10 	(6) the person unlawfully possesses one or more mixtures containing methamphetamine 
2.11 	or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment 
2.12 	facility, except a residual amount contained in drug paraphernalia, a hypodermic syringe 
2.13 	or needle or any instrument or implement that can be adapted for subcutaneous injection, 
2.14 	or a small plastic bag of the type commonly used to store controlled substances in an amount 
2.15 	for personal use.
2.16 	(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may 
2.17 	not be considered in measuring the weight of a mixture except in cases where the mixture 
2.18 	contains four or more fluid ounces of fluid.

2.19 	Sec. 2. Minnesota Statutes 2024, section 152.025, subdivision 2, is amended to read:
2.20 		Subd. 2.Possession and other crimes.  A person is guilty of controlled substance crime 
2.21 	in the fifth degree and upon conviction may be sentenced as provided in subdivision 4 if:
2.22 	(1) the person unlawfully possesses one or more mixtures containing a controlled 
2.23 	substance classified in Schedule I, II, III, or IV, except: (i) cannabis flower, cannabis 
2.24 	products, lower-potency hemp edibles, or hemp-derived consumer products; or (ii) a residual 
2.25 	amount of one or more mixtures of controlled substances contained in drug paraphernalia, 
2.26 	a hypodermic syringe or needle or any instrument or implement that can be adapted for 
2.27 	subcutaneous injection, or a small plastic bag of the type commonly used to store controlled 
2.28 	substances in an amount for personal use; or
2.29 	(2) the person procures, attempts to procure, possesses, or has control over a controlled 
2.30 	substance by any of the following means:
2.31 	(i) fraud, deceit, misrepresentation, or subterfuge;
2.32 	(ii) using a false name or giving false credit; or
3.1 	(iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer, 
3.2 	wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice 
3.3 	medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of 
3.4 	obtaining a controlled substance.