as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to crimes; changing controlled substance 1.3 offenses to include six degrees; imposing penalties; 1.4 amending Minnesota Statutes 2002, sections 152.021; 1.5 152.022; 152.023; 152.024; 152.025; 590.01, by adding 1.6 a subdivision; proposing coding for new law in 1.7 Minnesota Statutes, chapter 152. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 2002, section 152.021, is 1.10 amended to read: 1.11 152.021 [CONTROLLED SUBSTANCE CRIME IN THE FIRST DEGREE.] 1.12 Subdivision 1. [SALE CRIMES.] A person is guilty of 1.13 controlled substance crime in the first degree if: 1.14 (1) on one or more occasions within a 90-day period the 1.15 person unlawfully sells one or more mixtures of a total weight 1.16 often50 grams or more containing cocaine, heroin, or 1.17 methamphetamine; 1.18 (2) on one or more occasions within a 90-day period the 1.19 person unlawfully sells one or more mixtures of a total weight 1.20 of 50 grams or more containing a narcotic drug other than 1.21 cocaine, heroin, or methamphetamine; 1.22 (3) on one or more occasions within a 90-day period the 1.23 person unlawfully sells one or more mixtures of a total weight 1.24 of 50 grams or more containing amphetamine, phencyclidine, or 1.25 hallucinogen or, if the controlled substance is packaged in 1.26 dosage units, equaling200250 or more dosage units; or 2.1 (4) on one or more occasions within a 90-day period the 2.2 person unlawfully sells one or more mixtures of a total weight 2.3 of 50 kilograms or more containing marijuana or 2.4 Tetrahydrocannabinols, or one or more mixtures of a total weight 2.5 of 25 kilograms or more containing marijuana or 2.6 Tetrahydrocannabinols in a school zone, a park zone, a public 2.7 housing zone, or a drug treatment facility. 2.8 Subd. 2. [POSSESSION CRIMES.] A person is guilty of a 2.9 controlled substance crime in the first degree if: 2.10 (1) the person unlawfully possesses one or more mixtures of 2.11 a total weight of25250 grams or more containing cocaine, 2.12 heroin, or methamphetamine; 2.13 (2) the person unlawfully possesses one or more mixtures of 2.14 a total weight of500250 grams or more containing a narcotic 2.15 drug other than cocaine, heroin, or methamphetamine; 2.16 (3) the person unlawfully possesses one or more mixtures of 2.17 a total weight of500250 grams or more containing amphetamine, 2.18 phencyclidine, or hallucinogen or, if the controlled substance 2.19 is packaged in dosage units, equaling 500 or more dosage units; 2.20 or 2.21 (4) the person unlawfully possesses one or more mixtures of 2.22 a total weight of 100 kilograms or more containing marijuana or 2.23 Tetrahydrocannabinols. 2.24Subd. 2a. [MANUFACTURE CRIMES.] Notwithstanding2.25subdivision 1, sections 152.022, subdivision 1, 152.023,2.26subdivision 1, and 152.024, subdivision 1, a person is guilty of2.27controlled substance crime in the first degree if the person2.28manufactures any amount of methamphetamine.2.29 Subd. 3. [PENALTY.] (a) A person convicted under 2.30subdivisionssubdivision 1to 2aor 2 may be sentenced to 2.31 imprisonment for not more than 30 years or to payment of a fine 2.32 of not more than $1,000,000, or both. 2.33 (b) If the conviction is a subsequent controlled substance 2.34 conviction, a person convicted under subdivisions 1 to 2a shall 2.35 be committed to the commissioner of corrections for not less 2.36 thanfourfive years nor more than 40 years and, in addition, 3.1 may be sentenced to payment of a fine of not more than 3.2 $1,000,000. 3.3 (c) In a prosecution under subdivision 1 involving sales by 3.4 the same person in two or more counties within a 90-day period, 3.5 the person may be prosecuted for all of the sales in any county 3.6 in which one of the sales occurred. 3.7 [EFFECTIVE DATE.] This section is effective August 1, 2003, 3.8 and applies to crimes committed on or after that date. 3.9 Sec. 2. Minnesota Statutes 2002, section 152.022, is 3.10 amended to read: 3.11 152.022 [CONTROLLED SUBSTANCE CRIME IN THE SECOND DEGREE.] 3.12 Subdivision 1. [SALE CRIMES.] A person is guilty of 3.13 controlled substance crime in the second degree if: 3.14 (1) on one or more occasions within a 90-day period the 3.15 person unlawfully sells one or more mixtures of a total weight 3.16 ofthreeten grams or more containing cocaine, heroin, or 3.17 methamphetamine; 3.18 (2) on one or more occasions within a 90-day period the 3.19 person unlawfully sells one or more mixtures of a total weight 3.20 of ten grams or more containing a narcotic drug other than 3.21 cocaine, heroin, or methamphetamine; 3.22 (3) on one or more occasions within a 90-day period the 3.23 person unlawfully sells one or more mixtures of a total weight 3.24 of ten grams or more containing amphetamine, phencyclidine, or 3.25 hallucinogen or, if the controlled substance is packaged in 3.26 dosage units, equaling50100 or more dosage units; or 3.27 (4) on one or more occasions within a 90-day period the 3.28 person unlawfully sells one or more mixtures of a total weight 3.29 of 25 kilograms or more containing marijuana or 3.30 Tetrahydrocannabinols;. 3.31(5) the person unlawfully sells any amount of a schedule I3.32or II narcotic drug to a person under the age of 18, or3.33conspires with or employs a person under the age of 18 to3.34unlawfully sell the substance; or3.35(6) the person unlawfully sells any of the following in a3.36school zone, a park zone, a public housing zone, or a drug4.1treatment facility:4.2(i) any amount of a schedule I or II narcotic drug,4.3lysergic acid diethylamide (LSD), 3,4-methylenedioxy4.4amphetamine, or 3,4-methylenedioxymethamphetamine;4.5(ii) one or more mixtures containing methamphetamine or4.6amphetamine; or4.7(iii) one or more mixtures of a total weight of five4.8kilograms or more containing marijuana or Tetrahydrocannabinols.4.9 Subd. 2. [POSSESSION CRIMES.] A person is guilty of a 4.10 controlled substance crime in the second degree if: 4.11 (1) the person unlawfully possesses one or more mixtures of 4.12 a total weight ofsix25 grams or more containing cocaine, 4.13 heroin, or methamphetamine; 4.14 (2) the person unlawfully possesses one or more mixtures of 4.15 a total weight of5025 grams or more containing a narcotic drug 4.16 other than cocaine, heroin, or methamphetamine; 4.17 (3) the person unlawfully possesses one or more mixtures of 4.18 a total weight of5025 grams or more containing amphetamine, 4.19 phencyclidine, or hallucinogen or, if the controlled substance 4.20 is packaged in dosage units, equaling100200 or more dosage 4.21 units; or 4.22 (4) the person unlawfully possesses one or more mixtures of 4.23 a total weight of 50 kilograms or more containing marijuana or 4.24 Tetrahydrocannabinols. 4.25 Subd. 2a. [MANUFACTURE CRIMES.] Notwithstanding 4.26 subdivision 1 and sections 152.021, subdivision 1; 152.023, 4.27 subdivision 1; and 152.024, subdivision 1, a person is guilty of 4.28 controlled substance crime in the second degree if the person 4.29 manufactures any amount of methamphetamine. 4.30 Subd. 3. [PENALTY.] (a) A person convicted under 4.31subdivisionsubdivisions 1or 2to 2a may be sentenced to 4.32 imprisonment for not more than 25 years or to payment of a fine 4.33 of not more than $500,000, or both. 4.34 (b) If the conviction is a subsequent controlled substance 4.35 conviction, a person convicted undersubdivisionsubdivisions 1 4.36or 2to 2a shall be committed to the commissioner of corrections 5.1 for not less thanthreefour years nor more than4035 years 5.2 and, in addition, may be sentenced to payment of a fine of not 5.3 more than $500,000. 5.4 (c) In a prosecution under subdivision 1 involving sales by 5.5 the same person in two or more counties within a 90-day period, 5.6 the person may be prosecuted for all of the sales in any county 5.7 in which one of the sales occurred. 5.8 [EFFECTIVE DATE.] This section is effective August 1, 2003, 5.9 and applies to crimes committed on or after that date. 5.10 Sec. 3. Minnesota Statutes 2002, section 152.023, is 5.11 amended to read: 5.12 152.023 [CONTROLLED SUBSTANCE CRIME IN THE THIRD DEGREE.] 5.13 Subdivision 1. [SALE CRIMES.] A person is guilty of 5.14 controlled substance crime in the third degree if: 5.15 (1) on one or more occasions within a 90-day period the 5.16 person unlawfully sells one or more mixtures of a total weight 5.17 of three grams or more containinga narcotic drugcocaine, 5.18 heroin, or methamphetamine; 5.19 (2) on one or more occasions within a 90-day period the 5.20 person unlawfully sells one or more mixtures of a total weight 5.21 of three grams or more containingphencyclidine or hallucinogen,5.22it is packaged in dosage units, and equals ten or more dosage5.23unitsa narcotic drug other than cocaine, heroin, or 5.24 methamphetamine; 5.25 (3) on one or more occasions within a 90-day period the 5.26 person unlawfully sells one or more mixtures of a total weight 5.27 of three grams or more containinga controlled substance5.28classified in schedule I, II, or III, except a schedule I or II5.29narcotic drug, to a person under the age of 18amphetamine, 5.30 phencyclidine, or hallucinogen, if the controlled substance is 5.31 packaged in dosage units, equaling 50 or more dosage units; 5.32 (4) on one or more occasions within a 90-day period the 5.33 personconspires with or employs a person under the age of 18 to5.34 unlawfullysellsells one or more mixtures of a total weight of 5.35 ten kilograms or more containinga controlled substance listed5.36in schedule I, II, or III, except a schedule I or II narcotic6.1drugmarijuana or Tetrahydrocannabinols;or6.2 (5)on one or more occasions within a 90-day periodthe 6.3 person unlawfully sells any amount of a schedule I or II 6.4 narcotic drug to a person under the age of 18, or conspires with 6.5 or employs a person under the age of 18 to unlawfully sell the 6.6 substance; or 6.7 (6) the person unlawfully sells any of the following in a 6.8 school zone, a park zone, a public housing zone, or a drug 6.9 treatment facility: 6.10 (i) any amount of a schedule I or II narcotic drug, 6.11 lysergic acid diethylamide (LSD), 3,4-methylenedioxy 6.12 amphetamine, or 3,4-methylenedioxymethamphetamine; 6.13 (ii) one or more mixtures containing methamphetamine or 6.14 amphetamine; or 6.15 (iii) one or more mixtures of a total weight of five 6.16 kilograms or more containing marijuana or Tetrahydrocannabinols. 6.17 Subd. 2. [POSSESSION CRIMES.] A person is guilty of 6.18 controlled substance crime in the third degree if: 6.19 (1)on one or more occasions within a 90-day periodthe 6.20 person unlawfully possesses one or more mixtures of a total 6.21 weight ofthreesix grams or more containing cocaine, heroin, or 6.22 methamphetamine; 6.23 (2)on one or more occasions within a 90-day periodthe 6.24 person unlawfully possesses one or more mixtures of a total 6.25 weight oftensix grams or more containing a narcotic drug other 6.26 than cocaine, heroin, or methamphetamine; 6.27 (3)on one or more occasions within a 90-day periodthe 6.28 person unlawfully possesses one or more mixtures of a total 6.29 weight of six grams or more containinga narcotic6.30drugamphetamine, phencyclidine, or hallucinogen,itif the 6.31 controlled substance is packaged in dosage units, and equals506.32 100 or more dosage units; 6.33 (4)on one or more occasions within a 90-day periodthe 6.34 person unlawfully possessesany amount of a schedule I or II6.35narcotic drug or fiveone or moredosage units of lysergic acid6.36diethylamide (LSD), 3,4-methylenedioxy amphetamine, or7.13,4-methylenedioxymethamphetamine in a school zone, a park zone,7.2a public housing zone, or a drug treatment facility;7.3(5) on one or more occasions within a 90-day period the7.4person unlawfully possesses one or more mixtures of a total7.5weight of ten kilograms or more containingmixtures of a total 7.6 weight of 25 kilograms or more containing marijuana or 7.7 Tetrahydrocannabinols; or7.8(6) the person unlawfully possesses one or more mixtures7.9containing methamphetamine or amphetamine in a school zone, a7.10park zone, a public housing zone, or a drug treatment facility. 7.11 Subd. 3. [PENALTY.] (a) A person convicted under 7.12 subdivision 1 or 2 may be sentenced to imprisonment for not more 7.13 than 20 years or to payment of a fine of not more than $250,000, 7.14 or both. 7.15 (b) If the conviction is a subsequent controlled substance 7.16 conviction, a person convicted under subdivision 1 or 2 shall be 7.17 committed to the commissioner of corrections for not less than 7.18twothree years nor more than 30 years and, in addition, may be 7.19 sentenced to payment of a fine of not more than $250,000. 7.20 (c) In a prosecution under subdivision 1 or 2 involving 7.21 sales or acts of possession by the same person in two or more 7.22 counties within a 90-day period, the person may be prosecuted in 7.23 any county in which one of the sales or acts of possession 7.24 occurred. 7.25 [EFFECTIVE DATE.] This section is effective August 1, 2003, 7.26 and applies to crimes committed on or after that date. 7.27 Sec. 4. Minnesota Statutes 2002, section 152.024, is 7.28 amended to read: 7.29 152.024 [CONTROLLED SUBSTANCE CRIME IN THE FOURTH DEGREE.] 7.30 Subdivision 1. [SALE CRIMES.] A person is guilty of 7.31 controlled substance crime in the fourth degree if: 7.32 (1) the person unlawfully sells one or more mixtures 7.33 containing acontrolled substance classified in schedule I, II,7.34or III, except marijuana or Tetrahydrocannabinolsnarcotic drug 7.35 or methamphetamine; 7.36 (2) on one or more occasions within a 90-day period the 8.1 person unlawfully sells one or more mixtures containinga8.2controlled substance classified in schedule IV or V to a person8.3under the age of 18phencyclidine or hallucinogen, it is 8.4 packaged in dosage units, and equals ten or more dosage units; 8.5 (3) the personconspires with or employs a person under the8.6age of 18 to unlawfully sellunlawfully sells one or more 8.7 mixtures containing a controlled substance classified in 8.8 scheduleIV or VI, II, or III, except a schedule I or II 8.9 narcotic drug, to a person under the age of 18;or8.10 (4) the person conspires with or employs a person under the 8.11 age of 18 to unlawfullysells any amount of marijuana or8.12Tetrahydrocannabinols in a school zone, a park zone, a public8.13housing zone, or a drug treatment facility, except a small8.14amount for no remunerationsell one more more mixtures 8.15 containing a controlled substance listed in schedule I, II, or 8.16 III, except a schedule I or II narcotic drug; or 8.17 (5) on one or more occasions within a 90-day period the 8.18 person unlawfully sells one or more mixtures of a total weight 8.19 of five kilograms or more containing marijuana or 8.20 Tetrahydrocannabinols. 8.21 Subd. 2. [POSSESSION CRIMES.] A person is guilty of 8.22 controlled substance crime in the fourth degree if: 8.23 (1) on one or more occasions within a 90-day period the 8.24 person unlawfully possesses one or more mixtures of a total 8.25 weight of three grams or more containingphencyclidine or8.26hallucinogen, it is packaged in dosage units, and equals ten or8.27more dosage unitscocaine, heroin, or methamphetamine;or8.28 (2) on one more more occasions within a 90-day period the 8.29 person unlawfully possesses one or more mixtures of a total 8.30 weight of ten grams containing acontrolled substance classified8.31in schedule I, II, or III, except marijuana or8.32Tetrahydrocannabinols, with the intent to sell it.narcotic drug 8.33 other than cocaine, heroin, or methamphetamine; 8.34 (3) on one or more occasions within a 90-day period the 8.35 person unlawfully possesses one or more mixtures containing a 8.36 narcotic drug, it is packaged in dosage units, and equals 50 or 9.1 more dosage units; 9.2 (4) on one or more occasions within a 90-day period the 9.3 person unlawfully possesses any amount of a schedule I or II 9.4 narcotic drug or five or more dosage units of lysergic acid 9.5 diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 9.6 3,4-methylenedioxymethamphetamine in a school zone, park zone, 9.7 public housing zone, or drug treatment facility; 9.8 (5) on one or more occasions within a 90-day period the 9.9 person unlawfully possesses one or more mixtures of a total 9.10 weight of ten kilograms or more containing marijuana or 9.11 Tetrahydrocannabinols; or 9.12 (6) the person unlawfully possesses one or more mixtures 9.13 containing methamphetamine or amphetamine in a school zone, park 9.14 zone, public housing zone, or drug treatment facility. 9.15 Subd. 3. [PENALTY.] (a) A person convicted under 9.16 subdivision 1 or 2 may be sentenced to imprisonment for not more 9.17 than 15 years or to payment of a fine of not more than $100,000, 9.18 or both. 9.19 (b) If the conviction is a subsequent controlled substance 9.20 conviction, a person convicted under subdivision 1 or 2 shall be 9.21 committed to the commissioner of correctionsor to a local9.22correctional authorityfor not less thanone yeartwo years nor 9.23 more than3025 years and, in addition, may be sentenced to 9.24 payment of a fine of not more than $100,000. 9.25 [EFFECTIVE DATE.] This section is effective August 1, 2003, 9.26 and applies to crimes committed on or after that date. 9.27 Sec. 5. Minnesota Statutes 2002, section 152.025, is 9.28 amended to read: 9.29 152.025 [CONTROLLED SUBSTANCE CRIME IN THE FIFTH DEGREE.] 9.30 Subdivision 1. [SALE CRIMES.] A person is guilty of 9.31 controlled substance crime in the fifth degree if: 9.32 (1) the person unlawfully sells one or more mixtures 9.33 containing a controlled substance classified in schedule I, II, 9.34 or III, except marijuana or Tetrahydrocannabinols, except a9.35small amount of marijuana for no remuneration;or9.36 (2) the person unlawfully sells one or more mixtures 10.1 containing a controlled substance classified in schedule IV or V 10.2 to a person under the age of 18; 10.3 (3) the person conspires with or employs a person under the 10.4 age of 18 to unlawfully sell a controlled substance classified 10.5 in schedule IV or V; or 10.6 (4) the person unlawfully sells any amount of marijuana or 10.7 Tetrahydrocannabinols in a school zone, park zone, public 10.8 housing zone, or drug treatment facility, except a small amount 10.9 for no remuneration. 10.10 Subd. 2. [POSSESSION AND OTHER CRIMES.] A person is guilty 10.11 of controlled substance crime in the fifth degree if: 10.12 (1) the person unlawfully possesses one or more mixtures 10.13 containinga controlled substance classified in schedule I, II,10.14III, or IV, except a small amount of marijuanaphencyclidine or 10.15 hallucinogen, it is packaged in dosage units, and equals ten or 10.16 more dosage units; or 10.17 (2) the personprocures, attempts to procure,unlawfully 10.18 possesses, or has control over a controlled substance by any of10.19the following means:10.20(i) fraud, deceit, misrepresentation, or subterfuge;10.21(ii) using a false name or giving false credit; or10.22(iii) falsely assuming the title of, or falsely10.23representing any person to be, a manufacturer, wholesaler,10.24pharmacist, physician, doctor of osteopathy licensed to practice10.25medicine, dentist, podiatrist, veterinarian, or other authorized10.26person for the purpose of obtaining a controlled substanceone 10.27 or more mixtures containing a controlled substance classified in 10.28 schedule I, II, or III, except marijuana or 10.29 Tetrahydrocannabinols, with the intent to sell it. 10.30 Subd. 3. [PENALTY.] (a) A person convicted under 10.31 subdivision 1 or 2 may be sentenced to imprisonment for not more 10.32 thanfiveten years or to payment of a fine of not more than 10.33$10,000$50,000, or both. 10.34 (b) If the conviction is a subsequent controlled substance 10.35 conviction, a person convicted under subdivision 1 or 2 shall be 10.36 committed to the commissioner of corrections or to a local 11.1 correctional authority for not less thansix monthsone year nor 11.2 more thanten20 years and, in addition, may be sentenced to 11.3 payment of a fine of not more than$20,000$50,000. 11.4 [EFFECTIVE DATE.] This section is effective August 1, 2003, 11.5 and applies to crimes committed on or after that date. 11.6 Sec. 6. [152.0251] [CONTROLLED SUBSTANCE CRIME IN THE 11.7 SIXTH DEGREE.] 11.8 Subdivision 1. [SALE CRIMES.] A person is guilty of a 11.9 controlled substance crime in the sixth degree if: 11.10 (1) the person unlawfully sells one or more mixtures 11.11 containing marijuana or Tetrahydrocannabinols, except a small 11.12 amount of marijuana for no remuneration; or 11.13 (2) the person unlawfully sells one or more mixtures 11.14 containing a controlled substance classified in schedule IV. 11.15 Subd. 2. [POSSESSION AND OTHER CRIMES.] A person is guilty 11.16 of a controlled substance crime in the sixth degree if: 11.17 (1) the person unlawfully possesses one or more mixtures 11.18 containing a controlled substance classified in schedule I, II, 11.19 III, or IV, except a small amount of marijuana; or 11.20 (2) the person procures, attempts to procure, possesses, or 11.21 has control over a controlled substance by any of the following 11.22 means: 11.23 (i) fraud, deceit, misrepresentation, or subterfuge; 11.24 (ii) using a false name or giving false credit; or 11.25 (iii) falsely assuming the title of, or falsely 11.26 representing any person to be a manufacturer, wholesaler, 11.27 pharmacist, physician, doctor of osteopathy licensed to practice 11.28 medicine, dentist, podiatrist, veterinarian, or other authorized 11.29 person for the purpose of obtaining a controlled substance. 11.30 Subd. 3. [PENALTY.] (a) A person convicted under 11.31 subdivision 1 or 2 may be sentenced to imprisonment for not more 11.32 than five years or to payment of a fine of not more than 11.33 $10,000, or both. 11.34 (b) If the conviction is a subsequent controlled substance 11.35 conviction, a person convicted under subdivision 1 or 2 shall be 11.36 committed to the commissioner of corrections or to a local 12.1 correctional authority for not less than six months nor more 12.2 than ten years and, in addition, may be sentenced to payment of 12.3 a fine of not more than $20,000. 12.4 [EFFECTIVE DATE.] This section is effective August 1, 2003, 12.5 and applies to crimes committed on or after that date. 12.6 Sec. 7. Minnesota Statutes 2002, section 590.01, is 12.7 amended by adding a subdivision to read: 12.8 Subd. 4. [APPLICATION FOR RELIEF FROM DRUG SENTENCE.] A 12.9 person who has been convicted and sentenced for a crime under 12.10 section 152.021, 152.022, 152.023, 152.024, or 152.025 prior to 12.11 August 1, 2003, may institute a proceeding applying for relief 12.12 under this chapter upon the grounds that a significant change in 12.13 substantive or procedural law has occurred which, in the 12.14 interest of justice, should be applied retrospectively, 12.15 including resentencing under subsequently enacted law. 12.16 No petition seeking resentencing shall be granted unless 12.17 the court makes specific findings of fact that release of the 12.18 petitioner prior to the time the petitioner would be released 12.19 under the sentence currently being served does not present a 12.20 danger to the public and is not incompatible with the welfare of 12.21 society. 12.22 [EFFECTIVE DATE.] This section is effective August 1, 2003, 12.23 and applies to crimes committed on or after that date. 12.24 Sec. 8. [REVISOR INSTRUCTION.] 12.25 The revisor of statutes shall correct all necessary 12.26 cross-references consistent with the coding and controlled 12.27 substance degree changes made in Minnesota Statutes, sections 12.28 152.021 to 152.0251. If certain cross-reference changes are not 12.29 clear and involve policy determinations, the revisor in 12.30 consultation with house research shall prepare a bill for the 12.31 2004 legislative session that corrects the cross-references 12.32 consistent with the coding and controlled substance degree 12.33 changes made in Minnesota Statutes, sections 152.021 to 152.0251.