HF 1218

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

  1.1                          A bill for an act 
  1.2             relating to crime prevention; conforming the laws 
  1.3             involving the sale and possession of heroin to those 
  1.4             involving cocaine; amending Minnesota Statutes 1996, 
  1.5             sections 152.021, subdivisions 1 and 2; 152.022, 
  1.6             subdivisions 1 and 2; and 152.023, subdivision 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 152.021, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  1.11  controlled substance crime in the first degree if: 
  1.12     (1) on one or more occasions within a 90-day period the 
  1.13  person unlawfully sells one or more mixtures of a total weight 
  1.14  of ten grams or more containing cocaine or heroin; 
  1.15     (2) on one or more occasions within a 90-day period the 
  1.16  person unlawfully sells one or more mixtures of a total weight 
  1.17  of 50 grams or more containing a narcotic drug other than 
  1.18  cocaine or heroin; 
  1.19     (3) on one or more occasions within a 90-day period the 
  1.20  person unlawfully sells one or more mixtures of a total weight 
  1.21  of 50 grams or more containing methamphetamine, amphetamine, 
  1.22  phencyclidine, or hallucinogen or, if the controlled substance 
  1.23  is packaged in dosage units, equaling 200 or more dosage units; 
  1.24  or 
  1.25     (4) on one or more occasions within a 90-day period the 
  1.26  person unlawfully sells one or more mixtures of a total weight 
  2.1   of 50 kilograms or more containing marijuana or 
  2.2   Tetrahydrocannabinols, or one or more mixtures of a total weight 
  2.3   of 25 kilograms or more containing marijuana or 
  2.4   Tetrahydrocannabinols in a school zone, a park zone, or a public 
  2.5   housing zone. 
  2.6      Sec. 2.  Minnesota Statutes 1996, section 152.021, 
  2.7   subdivision 2, is amended to read: 
  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 grams or more containing cocaine or heroin; 
  2.12     (2) the person unlawfully possesses one or more mixtures of 
  2.13  a total weight of 500 grams or more containing a narcotic drug 
  2.14  other than cocaine or heroin; 
  2.15     (3) the person unlawfully possesses one or more mixtures of 
  2.16  a total weight of 500 grams or more containing methamphetamine, 
  2.17  amphetamine, phencyclidine, or hallucinogen or, if the 
  2.18  controlled substance is packaged in dosage units, equaling 500 
  2.19  or more dosage units; or 
  2.20     (4) the person unlawfully possesses one or more mixtures of 
  2.21  a total weight of 100 kilograms or more containing marijuana or 
  2.22  Tetrahydrocannabinols. 
  2.23     Sec. 3.  Minnesota Statutes 1996, section 152.022, 
  2.24  subdivision 1, is amended to read: 
  2.25     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  2.26  controlled substance crime in the second degree if: 
  2.27     (1) on one or more occasions within a 90-day period the 
  2.28  person unlawfully sells one or more mixtures of a total weight 
  2.29  of three grams or more containing cocaine or heroin; 
  2.30     (2) on one or more occasions within a 90-day period the 
  2.31  person unlawfully sells one or more mixtures of a total weight 
  2.32  of ten grams or more containing a narcotic drug other than 
  2.33  cocaine or heroin; 
  2.34     (3) on one or more occasions within a 90-day period the 
  2.35  person unlawfully sells one or more mixtures of a total weight 
  2.36  of ten grams or more containing methamphetamine, amphetamine, 
  3.1   phencyclidine, or hallucinogen or, if the controlled substance 
  3.2   is packaged in dosage units, equaling 50 or more dosage units; 
  3.3      (4) on one or more occasions within a 90-day period the 
  3.4   person unlawfully sells one or more mixtures of a total weight 
  3.5   of 25 kilograms or more containing marijuana or 
  3.6   Tetrahydrocannabinols; 
  3.7      (5) the person unlawfully sells any amount of a schedule I 
  3.8   or II narcotic drug to a person under the age of 18, or 
  3.9   conspires with or employs a person under the age of 18 to 
  3.10  unlawfully sell the substance; or 
  3.11     (6) the person unlawfully sells any of the following in a 
  3.12  school zone, a park zone, or a public housing zone: 
  3.13     (i) any amount of a schedule I or II narcotic drug, or 
  3.14  lysergic acid diethylamide (LSD); 
  3.15     (ii) one or more mixtures containing methamphetamine or 
  3.16  amphetamine; or 
  3.17     (iii) one or more mixtures of a total weight of five 
  3.18  kilograms or more containing marijuana or Tetrahydrocannabinols. 
  3.19     Sec. 4.  Minnesota Statutes 1996, section 152.022, 
  3.20  subdivision 2, is amended to read: 
  3.21     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
  3.22  controlled substance crime in the second degree if: 
  3.23     (1) the person unlawfully possesses one or more mixtures of 
  3.24  a total weight of six grams or more containing cocaine or 
  3.25  heroin; 
  3.26     (2) the person unlawfully possesses one or more mixtures of 
  3.27  a total weight of 50 grams or more containing a narcotic drug 
  3.28  other than cocaine or heroin; 
  3.29     (3) the person unlawfully possesses one or more mixtures of 
  3.30  a total weight of 50 grams or more containing methamphetamine, 
  3.31  amphetamine, phencyclidine, or hallucinogen or, if the 
  3.32  controlled substance is packaged in dosage units, equaling 100 
  3.33  or more dosage units; or 
  3.34     (4) the person unlawfully possesses one or more mixtures of 
  3.35  a total weight of 50 kilograms or more containing marijuana or 
  3.36  Tetrahydrocannabinols. 
  4.1      Sec. 5.  Minnesota Statutes 1996, section 152.023, 
  4.2   subdivision 2, is amended to read: 
  4.3      Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
  4.4   controlled substance crime in the third degree if: 
  4.5      (1) the person unlawfully possesses one or more mixtures of 
  4.6   a total weight of three grams or more containing cocaine or 
  4.7   heroin; 
  4.8      (2) the person unlawfully possesses one or more mixtures of 
  4.9   a total weight of ten grams or more containing a narcotic drug 
  4.10  other than cocaine or heroin; 
  4.11     (3) the person unlawfully possesses one or more mixtures 
  4.12  containing a narcotic drug, it is packaged in dosage units, and 
  4.13  equals 50 or more dosage units; 
  4.14     (4) the person unlawfully possesses any amount of a 
  4.15  schedule I or II narcotic drug or five or more dosage units of 
  4.16  lysergic acid diethylamide (LSD) in a school zone, a park zone, 
  4.17  or a public housing zone; 
  4.18     (5) the person unlawfully possesses one or more mixtures of 
  4.19  a total weight of ten kilograms or more containing marijuana or 
  4.20  Tetrahydrocannabinols; or 
  4.21     (6) the person unlawfully possesses one or more mixtures 
  4.22  containing methamphetamine or amphetamine in a school zone, a 
  4.23  park zone, or a public housing zone. 
  4.24     Sec. 6.  [EFFECTIVE DATE.] 
  4.25     Sections 1 to 5 are effective August 1, 1997, and apply to 
  4.26  crimes committed on or after that date.