SF 3473

Introduction - 94th Legislature (2025 - 2026)

Posted on 05/02/2025 09:54 a.m.

A bill for an act
relating to public safety; decriminalizing the possession of residual amounts of
controlled substances contained in drug paraphernalia and similar items; amending
Minnesota Statutes 2024, sections 152.023, subdivision 2; 152.025, subdivision
2.

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

Section 1.

Minnesota Statutes 2024, 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
any 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 new text begin , except a residual amount contained in drug paraphernalia, a
hypodermic syringe or needle or any instrument or implement that can be adapted for
subcutaneous injection, or a small plastic bag of the type commonly used to store controlled
substances in an amount for personal use new text end ;

(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 containing methamphetamine
or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment
facility new text begin , except a residual amount contained in drug paraphernalia, a hypodermic syringe
or needle or any instrument or implement that can be adapted for subcutaneous injection,
or a small plastic bag of the type commonly used to store controlled substances in an amount
for personal use new text end .

(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 2024, 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 new text begin : (i) new text end cannabis flower, cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products new text begin ; new text end or new text begin (ii) new text end a residual
amount of one or more mixtures of controlled substances contained in drug paraphernalia new text begin ,
a hypodermic syringe or needle or any instrument or implement that can be adapted for
subcutaneous injection, or a small plastic bag of the type commonly used to store controlled
substances in an amount for personal use new 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.