HF 1037

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  of ten 50 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, equaling 200 250 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 of 25 250 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 of 500 250 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 of 500 250 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. 
  2.24     Subd. 2a.  [MANUFACTURE CRIMES.] Notwithstanding 
  2.25  subdivision 1, sections 152.022, subdivision 1, 152.023, 
  2.26  subdivision 1, and 152.024, subdivision 1, a person is guilty of 
  2.27  controlled substance crime in the first degree if the person 
  2.28  manufactures any amount of methamphetamine. 
  2.29     Subd. 3.  [PENALTY.] (a) A person convicted under 
  2.30  subdivisions subdivision 1 to 2a or 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  than four five 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  of three ten 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, equaling 50 100 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 I 
  3.32  or II narcotic drug to a person under the age of 18, or 
  3.33  conspires with or employs a person under the age of 18 to 
  3.34  unlawfully sell the substance; or 
  3.35     (6) the person unlawfully sells any of the following in a 
  3.36  school zone, a park zone, a public housing zone, or a drug 
  4.1   treatment facility: 
  4.2      (i) any amount of a schedule I or II narcotic drug, 
  4.3   lysergic acid diethylamide (LSD), 3,4-methylenedioxy 
  4.4   amphetamine, or 3,4-methylenedioxymethamphetamine; 
  4.5      (ii) one or more mixtures containing methamphetamine or 
  4.6   amphetamine; or 
  4.7      (iii) one or more mixtures of a total weight of five 
  4.8   kilograms 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 of six 25 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 of 50 25 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 of 50 25 grams or more containing amphetamine, 
  4.19  phencyclidine, or hallucinogen or, if the controlled substance 
  4.20  is packaged in dosage units, equaling 100 200 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 
  4.31  subdivision subdivisions 1 or 2 to 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 under subdivision subdivisions 1 
  4.36  or 2 to 2a shall be committed to the commissioner of corrections 
  5.1   for not less than three four years nor more than 40 35 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 containing a narcotic drug cocaine, 
  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 containing phencyclidine or hallucinogen, 
  5.22  it is packaged in dosage units, and equals ten or more dosage 
  5.23  units a 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 containing a controlled substance 
  5.28  classified in schedule I, II, or III, except a schedule I or II 
  5.29  narcotic drug, to a person under the age of 18 amphetamine, 
  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  person conspires with or employs a person under the age of 18 to 
  5.34  unlawfully sell sells one or more mixtures of a total weight of 
  5.35  ten kilograms or more containing a controlled substance listed 
  5.36  in schedule I, II, or III, except a schedule I or II narcotic 
  6.1   drug marijuana or Tetrahydrocannabinols; or 
  6.2      (5) on one or more occasions within a 90-day period the 
  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 period the 
  6.20  person unlawfully possesses one or more mixtures of a total 
  6.21  weight of three six grams or more containing cocaine, heroin, or 
  6.22  methamphetamine; 
  6.23     (2) on one or more occasions within a 90-day period the 
  6.24  person unlawfully possesses one or more mixtures of a total 
  6.25  weight of ten six 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 period the 
  6.28  person unlawfully possesses one or more mixtures of a total 
  6.29  weight of six grams or more containing a narcotic 
  6.30  drug amphetamine, phencyclidine, or hallucinogen, it if the 
  6.31  controlled substance is packaged in dosage units, and equals 50 
  6.32  100 or more dosage units; 
  6.33     (4) on one or more occasions within a 90-day period the 
  6.34  person unlawfully possesses any amount of a schedule I or II 
  6.35  narcotic drug or five one or more dosage units of lysergic acid 
  6.36  diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 
  7.1   3,4-methylenedioxymethamphetamine in a school zone, a park zone, 
  7.2   a public housing zone, or a drug treatment facility; 
  7.3      (5) on one or more occasions within a 90-day period the 
  7.4   person unlawfully possesses one or more mixtures of a total 
  7.5   weight of ten kilograms or more containing mixtures of a total 
  7.6   weight of 25 kilograms or more containing marijuana or 
  7.7   Tetrahydrocannabinols; or 
  7.8      (6) the person unlawfully possesses one or more mixtures 
  7.9   containing methamphetamine or amphetamine in a school zone, a 
  7.10  park 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 
  7.18  two three 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 a controlled substance classified in schedule I, II, 
  7.34  or III, except marijuana or Tetrahydrocannabinols narcotic 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 containing a 
  8.2   controlled substance classified in schedule IV or V to a person 
  8.3   under the age of 18 phencyclidine or hallucinogen, it is 
  8.4   packaged in dosage units, and equals ten or more dosage units; 
  8.5      (3) the person conspires with or employs a person under the 
  8.6   age of 18 to unlawfully sell unlawfully sells one or more 
  8.7   mixtures containing a controlled substance classified in 
  8.8   schedule IV or V I, II, or III, except a schedule I or II 
  8.9   narcotic drug, to a person under the age of 18; or 
  8.10     (4) the person conspires with or employs a person under the 
  8.11  age of 18 to unlawfully sells any amount of marijuana or 
  8.12  Tetrahydrocannabinols in a school zone, a park zone, a public 
  8.13  housing zone, or a drug treatment facility, except a small 
  8.14  amount for no remuneration sell 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 containing phencyclidine or 
  8.26  hallucinogen, it is packaged in dosage units, and equals ten or 
  8.27  more dosage units cocaine, heroin, or methamphetamine; or 
  8.28     (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 a controlled substance classified 
  8.31  in schedule I, II, or III, except marijuana or 
  8.32  Tetrahydrocannabinols, 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 corrections or to a local 
  9.22  correctional authority for not less than one year two years nor 
  9.23  more than 30 25 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 a 
  9.35  small amount of marijuana for no remuneration; or 
  9.36     (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  containing a controlled substance classified in schedule I, II, 
 10.14  III, or IV, except a small amount of marijuana phencyclidine or 
 10.15  hallucinogen, it is packaged in dosage units, and equals ten or 
 10.16  more dosage units; or 
 10.17     (2) the person procures, attempts to procure, unlawfully 
 10.18  possesses, or has control over a controlled substance by any of 
 10.19  the following means: 
 10.20     (i) fraud, deceit, misrepresentation, or subterfuge; 
 10.21     (ii) using a false name or giving false credit; or 
 10.22     (iii) falsely assuming the title of, or falsely 
 10.23  representing any person to be, a manufacturer, wholesaler, 
 10.24  pharmacist, physician, doctor of osteopathy licensed to practice 
 10.25  medicine, dentist, podiatrist, veterinarian, or other authorized 
 10.26  person for the purpose of obtaining a controlled substance one 
 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  than five ten 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 than six months one year nor 
 11.2   more than ten 20 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.