HF 839

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to controlled substances; making it a 
  1.3             misdemeanor to possess a small amount of marijuana or 
  1.4             to possess drug paraphernalia in a school zone; 
  1.5             amending Minnesota Statutes 1996, sections 152.027, 
  1.6             subdivision 4; and 152.092. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 152.027, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [POSSESSION OR SALE OF SMALL AMOUNTS OF 
  1.11  MARIJUANA.] (a) A person who unlawfully sells a small amount of 
  1.12  marijuana for no remuneration, or who unlawfully possesses a 
  1.13  small amount of marijuana is guilty of a petty misdemeanor 
  1.14  punishable by a fine of up to $200 and participation in a drug 
  1.15  education program unless the court enters a written finding that 
  1.16  a drug education program is inappropriate.  The program must be 
  1.17  approved by an area mental health board with a curriculum 
  1.18  approved by the state alcohol and drug abuse authority. 
  1.19     (b) A person convicted of an unlawful sale under paragraph 
  1.20  (a) who is subsequently convicted of an unlawful sale under 
  1.21  paragraph (a) within two years is guilty of a misdemeanor and 
  1.22  shall be required to participate in a chemical dependency 
  1.23  evaluation and treatment if so indicated by the evaluation. 
  1.24     (c) A person who is convicted of a petty misdemeanor under 
  1.25  paragraph (a) who willfully and intentionally fails to comply 
  1.26  with the sentence imposed, is guilty of a misdemeanor.  
  2.1   Compliance with the terms of the sentence imposed before 
  2.2   conviction under this paragraph is an absolute defense. 
  2.3      Sec. 2.  Minnesota Statutes 1996, section 152.092, is 
  2.4   amended to read: 
  2.5      152.092 [POSSESSION OF DRUG PARAPHERNALIA PROHIBITED.] 
  2.6      (a) It is unlawful for any person knowingly or 
  2.7   intentionally to use or to possess drug paraphernalia.  Any 
  2.8   violation of this section paragraph is a petty misdemeanor.  
  2.9      (b) It is unlawful for any person knowingly or 
  2.10  intentionally to use or possess drug paraphernalia in a school 
  2.11  zone.  Any violation of this paragraph is a misdemeanor.