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HF 421

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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Current Version - as introduced

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A bill for an act
 relating to public safety; amending the drug paraphernalia crime to change the
mental state requirement, specifically address sales of drug paraphernalia, and
consolidate certain drug paraphernalia crimes into a single statutory section;
prohibiting the possession of certain items associated with controlled substance
use; imposing criminal penalties; amending Minnesota Statutes 2006, sections
152.01, subdivision 18; 152.093; proposing coding for new law in Minnesota
Statutes, chapter 152; repealing Minnesota Statutes 2006, section 152.094.

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

Section 1.

Minnesota Statutes 2006, section 152.01, subdivision 18, is amended to read:


Subd. 18.

Drug paraphernalia.

(a) Except as otherwise provided in paragraph (b),
"drug paraphernalia" means all equipment, products, and materials of any kind, except
those items used in conjunction with permitted uses of controlled substances under this
chapter or the Uniform Controlled Substances Act, which are deleted text begin knowingly or intentionallydeleted text end
used primarily in (1) manufacturing a controlled substance, (2) injecting, ingesting,
inhaling, or otherwise introducing into the human body a controlled substance, (3) testing
the strength, effectiveness, or purity of a controlled substance, or (4) enhancing the effect
of a controlled substance.

(b) "Drug paraphernalia" does not include the possession, manufacture, delivery, or
sale of hypodermic needles or syringes in accordance with section 151.40, subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
 new text end

Sec. 2.

Minnesota Statutes 2006, section 152.093, is amended to read:


152.093 deleted text begin MANUFACTURE OR DELIVERYdeleted text end new text begin SALEnew text end OF DRUG
PARAPHERNALIA PROHIBITED.

new text begin Subdivision 1. new text end

new text begin Sales generally. new text end

new text begin (a) new text end It is unlawful for any person deleted text begin knowingly or
intentionallydeleted text end to deleted text begin deliverdeleted text end new text begin sell new text end drug paraphernalia deleted text begin or knowingly or intentionally to possess or
manufacture drug paraphernalia for delivery.deleted text end new text begin , knowing or having reason to know, that the
item will be used primarily to:
new text end

new text begin (1) manufacture a controlled substance;
 new text end

new text begin (2) inject, ingest, inhale, or otherwise introduce into the human body a controlled
substance;
 new text end

new text begin (3) test the strength, effectiveness, or purity of a controlled substance; or
new text end

new text begin (4) enhance the effect of a controlled substance.
 new text end

new text begin (b) new text end Any violation of this deleted text begin sectiondeleted text end new text begin subdivision new text end is a misdemeanor.

new text begin Subd. 2. new text end

new text begin Sales to minor. new text end

new text begin Any person 18 years of age or older who violates
subdivision 1 by selling drug paraphernalia to a person under 18 years of age who is at
least three years younger is guilty of a gross misdemeanor.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
 new text end

Sec. 3.

new text begin [152.0955] PROHIBITION ON POSSESSION OF CERTAIN ITEMS
ASSOCIATED WITH CONTROLLED SUBSTANCE USE.
 new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section, the following terms have the
meanings given.
 new text end

new text begin (1) "Bong" means any pipe or smoking device, commonly referred to as a bong or
water bong, having one tube that attaches to or is part of the pipe or device, that allows for
a smoked product to be drawn from a reservoir or bowl, through a quantity of water or
other liquid substance, or through another tube or opening on the pipe or device.
 new text end

new text begin (2) "Dugout" means a storage device, commonly referred to as a dugout, designed
with separate reservoirs for marijuana and a one-hit pipe.
 new text end

new text begin (3) "Glass pipe" means any pipe or smoking device that is made of glass and that has
a reservoir capable of holding controlled substances for ingestion.
 new text end

new text begin (4) "Marijuana pipe" means any pipe or smoking device, except for a traditional
pipe, that is made of solid material, including ivory, onyx, glass, metal, stone, or any other
material, having a reservoir and a direct channel or a channel filtered by a screen, leading
to an open end, commonly known as a bowl.
 new text end

new text begin (5) "One-hit pipe" means any pipe or smoking device that consists of a reservoir on
one end, with a direct channel or a channel filtered by a screen that leads to the opposite
end, designed as a linear device, and without a separately attached bowl or reservoir.
 new text end

new text begin (6) "Traditional pipe" means a smoking device that has a sole use for consumption
of tobacco, not containing a screen in the bowl section, such as a corncob pipe.
 new text end

new text begin Subd. 2. new text end

new text begin Possession prohibited. new text end

new text begin A person who knowingly possesses a bong,
dugout, glass pipe, marijuana pipe, or one-hit pipe is guilty of a petty misdemeanor.
 new text end

new text begin Subd. 3. new text end

new text begin Exception. new text end

new text begin Nothing in this section prohibits the possession of a traditional
pipe or smoking device, commonly referred to as a hookah, that has a sole use for
consumption of tobacco, with multiple tubes that allow for tobacco smoke to be drawn
from a reservoir or bowl, through a quantity of water or other liquid substance, or through
another tube or opening on the pipe or device.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
 new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 152.094, new text end new text begin is repealed.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
 new text end