HF 1355

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/10/2022 03:42pm

A bill for an act
relating to public safety; modifying definition of small amount of marijuana;
modifying possession of small amounts of marijuana law; prohibiting weight of
fluids used in water pipes from being used to determine weight of marijuana
mixtures; authorizing expungement of records in certain instances; providing for
an affirmative defense; ending driver's license revocations for persons who commit
low-level marijuana offenses; amending Minnesota Statutes 2020, sections 152.01,
subdivisions 9a, 16, by adding subdivisions; 152.021, subdivision 2; 152.022,
subdivision 2; 152.023, subdivision 2; 152.025, subdivision 4; 152.027, subdivision
4; 152.0271; 152.096, subdivision 1; 152.18, subdivision 3; 260B.198, subdivision
1; 609.165, subdivisions 1a, 1b; 609A.02, by adding a subdivision; Minnesota
Statutes 2021 Supplement, section 152.01, subdivision 18; proposing coding for
new law in Minnesota Statutes, chapters 152; 609A.

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

Section 1.

Minnesota Statutes 2020, section 152.01, subdivision 9a, is amended to read:

Subd. 9a.

Mixture.

"Mixture" means a preparation, compound, mixture, or substance
containing a controlled substance, regardless of purity except as provided in deleted text begin subdivision
16; deleted text end sections 152.021, subdivision 2, paragraph (b); 152.022, subdivision 2, paragraph (b);
and 152.023, subdivision 2, paragraph (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2020, section 152.01, is amended by adding a subdivision to
read:

new text begin Subd. 9b. new text end

new text begin Marijuana flower new text end new text begin . new text end

new text begin "Marijuana flower" means the flower, leaves, stems, seeds,
or plant form of marijuana.
new text end

Sec. 3.

Minnesota Statutes 2020, section 152.01, is amended by adding a subdivision to
read:

new text begin Subd. 9c. new text end

new text begin Nonflower marijuana. new text end

new text begin "Nonflower marijuana" means the resinous form of
marijuana.
new text end

Sec. 4.

Minnesota Statutes 2020, section 152.01, subdivision 16, is amended to read:

Subd. 16.

Small amount.

"Small amount" as applied to marijuana means new text begin : (1) new text end 42.5 grams
or less deleted text begin . This provision shall not apply to the resinous form deleted text end of marijuana new text begin flowers; or (2) eight
grams or less of any nonflower marijuana mixture. Nonflower marijuana mixtures weighing
eight grams or less may not be considered in determining the 42.5 gram limit in clause (1) new text end .
The weight of fluid used in a water pipe may not be considered in determining a small
amount deleted text begin except in cases where the marijuana is mixed with four or more fluid ounces of
fluid deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2021 Supplement, 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 new text begin , including but not limited
to the permitted uses of marijuana, new text end under this chapter or the Uniform Controlled Substances
Act, which are knowingly or intentionally 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: (1) hypodermic needles or syringes in accordance with section 151.40, subdivision 2;
or (2) products that detect the presence of fentanyl or a fentanyl analog in a controlled
substance.

Sec. 6.

Minnesota Statutes 2020, section 152.021, subdivision 2, is amended to read:

Subd. 2.

Possession crimes.

(a) A person is guilty of a controlled substance crime in
the first degree if:

(1) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
or more containing cocaine or methamphetamine;

(2) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or more containing cocaine or methamphetamine and:

(i) the person or an accomplice possesses on their person or within immediate reach, or
uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
firearm; or

(ii) the offense involves two aggravating factors;

(3) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or more containing heroin;

(4) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;

(5) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
substance is packaged in dosage units, equaling 500 or more dosage units; or

(6) the person unlawfully possesses one or more mixtures of a total weight of 50
kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 500 or
more marijuana plants.

(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a new text begin marijuana new text end mixture new text begin . For other mixtures, the
weight of fluid may not be considered new text end except in cases where the mixture contains four or
more fluid ounces of fluid.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2020, section 152.022, subdivision 2, is amended to read:

Subd. 2.

Possession crimes.

(a) A person is guilty of controlled substance crime in the
second degree if:

(1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or more containing cocaine or methamphetamine;

(2) the person unlawfully possesses one or more mixtures of a total weight of ten grams
or more containing cocaine or methamphetamine and:

(i) the person or an accomplice possesses on their person or within immediate reach, or
uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
firearm; or

(ii) the offense involves three aggravating factors;

(3) the person unlawfully possesses one or more mixtures of a total weight of six grams
or more containing heroin;

(4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;

(5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
substance is packaged in dosage units, equaling 100 or more dosage units; or

(6) the person unlawfully possesses one or more mixtures of a total weight of 25
kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 100 or
more marijuana plants.

(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a new text begin marijuana new text end mixture new text begin . For other mixtures, the
weight of fluid may not be considered new text end except in cases where the mixture contains four or
more fluid ounces of fluid.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2020, section 152.023, subdivision 2, is amended to read:

Subd. 2.

Possession crimes.

(a) A person is guilty of controlled substance crime in the
third degree if:

(1) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten grams or more containing a narcotic drug other
than heroin;

(2) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of three grams or more containing heroin;

(3) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures containing a narcotic drug, it is packaged in dosage units, and equals
50 or more dosage units;

(4) on one or more occasions within a 90-day period the person unlawfully possesses
any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid
diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone,
or a drug treatment facility;

(5) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten kilograms or more containing marijuana or
Tetrahydrocannabinols; or

(6) the person unlawfully possesses one or more mixtures containing methamphetamine
or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment
facility.

(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a new text begin marijuana new text end mixture new text begin . For other mixtures, the
weight of fluid may not be considered new text end except in cases where the mixture contains four or
more fluid ounces of fluid.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2020, section 152.025, subdivision 4, is amended to read:

Subd. 4.

Penalty.

(a) A person convicted under the provisions of subdivision 2, clause
(1), who has not been previously convicted of a violation of this chapter or a similar offense
in another jurisdiction, is guilty of a gross misdemeanor if:

(1) the amount of the controlled substance possessed, other than heroin new text begin or a small amount
of marijuana new text end , is less than 0.25 grams or one dosage unit or less if the controlled substance
was possessed in dosage units; deleted text begin or
deleted text end

(2) the controlled substance possessed is heroin and the amount possessed is less than
0.05 grams deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) the controlled substance possessed is marijuana and the amount possessed is:
new text end

new text begin (i) more than 42.5 grams but not more than 85 grams of marijuana flowers; or
new text end

new text begin (ii) more than eight grams but not more than 16 grams of any nonflower marijuana
mixture.
new text end

(b) A person convicted under the provisions of subdivision 1; subdivision 2, clause (1),
unless the conduct is described in paragraph (a); or subdivision 2, clause (2), may be
sentenced to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both.

Sec. 10.

Minnesota Statutes 2020, section 152.027, subdivision 4, is amended to read:

Subd. 4.

Possession or sale of small amounts of marijuana.

deleted text begin (a) deleted text end A person who
unlawfully sells a small amount of marijuana for no remuneration, or who unlawfully
possesses a small amount of marijuana is guilty of a petty misdemeanor deleted text begin and shall be required
to participate in a drug education program unless the court enters a written finding that a
drug education program is inappropriate. The program must be approved by an area mental
health board with a curriculum approved by the state alcohol and drug abuse authority deleted text end .

deleted text begin (b) A person convicted of an unlawful sale under paragraph (a) who is subsequently
convicted of an unlawful sale under paragraph (a) within two years is guilty of a misdemeanor
and shall be required to participate in a chemical dependency evaluation and treatment if
so indicated by the evaluation.
deleted text end

deleted text begin (c) A person who is convicted of a petty misdemeanor under paragraph (a) who willfully
and intentionally fails to comply with the sentence imposed, is guilty of a misdemeanor.
Compliance with the terms of the sentence imposed before conviction under this paragraph
is an absolute defense.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to acts
committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2020, section 152.0271, is amended to read:

152.0271 NOTICE OF DRUG CONVICTIONS; DRIVER'S LICENSE
REVOCATION.

When a person is convicted of violating a provision of sections 152.021 to new text begin 152.0262 or
section new text end 152.027 deleted text begin and 152.0262 deleted text end , new text begin subdivision 1, 2, 3, 5, 6, or 7, new text end the sentencing court shall
determine whether the person unlawfully sold or possessed the controlled substance while
driving a motor vehicle. If so, the court shall notify the commissioner of public safety of
its determination and order the commissioner to revoke the person's driver's license for 30
days. If the person does not have a driver's license or if the person's driver's license is
suspended or revoked at the time of the conviction, the commissioner shall delay the issuance
or reinstatement of the person's driver's license for 30 days after the person applies for the
issuance or reinstatement of the license. Upon receipt of the court's order, the commissioner
is authorized to take the licensing action without a hearing.

Sec. 12.

Minnesota Statutes 2020, section 152.096, subdivision 1, is amended to read:

Subdivision 1.

Prohibited acts; penalties.

Any person who conspires to commit any
new text begin felony new text end act prohibited by this chapter, except possession or distribution for no remuneration
of a small amount of marijuana as defined in section 152.01, subdivision 16, is guilty of a
felony and upon conviction may be imprisoned, fined, or both, up to the maximum amount
authorized by law for the act the person conspired to commit.

Sec. 13.

Minnesota Statutes 2020, section 152.18, subdivision 3, is amended to read:

Subd. 3.

Expungement of certain marijuana offenses.

Any person who has been found
guilty of new text begin : (1) new text end a violation of section 152.09 with respect to a small amount of marijuana
which violation occurred prior to April 11, 1976, and whose conviction would have been
a petty misdemeanor under the provisions of section 152.15, subdivision 2, clause (5) in
effect on April 11, 1978, but whose conviction was for an offense more serious than a petty
misdemeanor under laws in effect prior to April 11, 1976 deleted text begin , deleted text end new text begin ; or (2) a violation of section
152.025 that occurred before August 1, 2022, where the violation would have been a petty
misdemeanor under section 152.027, subdivision 4, in effect on August 1, 2022, new text end may petition
the court in which the person was convicted to expunge from all official records, other than
the nonpublic record retained by the Department of Public Safety pursuant to section 152.15,
subdivision 2, clause (5), all recordation relating to the person's arrest, indictment or
information, trial and conviction of an offense more serious than a petty misdemeanor. The
court, upon being satisfied that a small amount was involved in the conviction, shall order
all the recordation expunged. new text begin This shall restore the person's ability to possess, receive, ship,
or transport firearms and handle firearms and ammunition. new text end No person as to whom an order
has been entered pursuant to this subdivision shall be held thereafter under any provision
of any law to be guilty of perjury or otherwise giving a false statement by reason of the
person's failure to recite or acknowledge conviction of an offense greater than a petty
misdemeanor, unless possession of marijuana is material to a proceeding.

Sec. 14.

new text begin [152.325] CRIMINAL AFFIRMATIVE DEFENSE.
new text end

new text begin It is an affirmative defense to a charge of possession of marijuana that the defendant
was enrolled in the registry program under sections 152.22 to 152.37 and possessed the
marijuana to use for a qualifying medical condition or was a visiting patient and possessed
the marijuana for medical use as authorized under the laws or regulations of the visiting
patient's jurisdiction of residence. This affirmative defense applies to a charge of violating:
new text end

new text begin (1) section 152.025, subdivision 2, involving possession of the amount of marijuana
identified in section 152.025, subdivision 4, paragraph (a), clause (3); or
new text end

new text begin (2) section 152.027, subdivision 3 or 4.
new text end

Sec. 15.

Minnesota Statutes 2020, section 260B.198, subdivision 1, is amended to read:

Subdivision 1.

Court order, findings, remedies, treatment.

(a) If the court finds that
the child is delinquent, it shall enter an order making any of the following dispositions of
the case which are deemed necessary to the rehabilitation of the child:

(1) counsel the child or the parents, guardian, or custodian;

(2) place the child under the supervision of a probation officer or other suitable person
in the child's own home under conditions prescribed by the court including reasonable rules
for the child's conduct and the conduct of the child's parents, guardian, or custodian, designed
for the physical, mental, and moral well-being and behavior of the child, or with the consent
of the commissioner of corrections, in a group foster care facility which is under the
management and supervision of said commissioner;

(3) if the court determines that the child is a danger to self or others, subject to the
supervision of the court, transfer legal custody of the child to one of the following:

(i) a child-placing agency;

(ii) the local social services agency;

(iii) a reputable individual of good moral character. No person may receive custody of
two or more unrelated children unless licensed as a residential facility pursuant to sections
245A.01 to 245A.16;

(iv) a county home school, if the county maintains a home school or enters into an
agreement with a county home school; or

(v) a county probation officer for placement in a group foster home established under
the direction of the juvenile court and licensed pursuant to section 241.021;

(4) transfer legal custody by commitment to the commissioner of corrections;

(5) if the child is found to have violated a state or local law or ordinance which has
resulted in damage to the person or property of another, the court may order the child to
make reasonable restitution for such damage;

(6) require the child to pay a fine of up to $1,000. The court shall order payment of the
fine in accordance with a time payment schedule which shall not impose an undue financial
hardship on the child;

(7) if the child is in need of special treatment and care for reasons of physical or mental
health, the court may order the child's parent, guardian, or custodian to provide it. If the
parent, guardian, or custodian fails to provide this treatment or care, the court may order it
provided;

(8) if the court believes that it is in the best interests of the child and of public safety
that the driver's license of the child be canceled until the child's 18th birthday, the court
may recommend to the commissioner of public safety the cancellation of the child's license
for any period up to the child's 18th birthday, and the commissioner is hereby authorized
to cancel such license without a hearing. At any time before the termination of the period
of cancellation, the court may, for good cause, recommend to the commissioner of public
safety that the child be authorized to apply for a new license, and the commissioner may so
authorize;

(9) if the court believes that it is in the best interest of the child and of public safety that
the child is enrolled in school, the court may require the child to remain enrolled in a public
school until the child reaches the age of 18 or completes all requirements needed to graduate
from high school. Any child enrolled in a public school under this clause is subject to the
provisions of the Pupil Fair Dismissal Act in chapter 127;

(10) if the child is petitioned and found by the court to have committed a controlled
substance offense under sections 152.021 to new text begin 152.0262 or section new text end 152.027, new text begin subdivision 1, 2,
3, 5, 6, or 7, new text end the court shall determine whether the child unlawfully possessed or sold the
controlled substance while driving a motor vehicle. If so, the court shall notify the
commissioner of public safety of its determination and order the commissioner to revoke
the child's driver's license for the applicable time period specified in section 152.0271. If
the child does not have a driver's license or if the child's driver's license is suspended or
revoked at the time of the delinquency finding, the commissioner shall, upon the child's
application for driver's license issuance or reinstatement, delay the issuance or reinstatement
of the child's driver's license for the applicable time period specified in section 152.0271.
Upon receipt of the court's order, the commissioner is authorized to take the licensing action
without a hearing;

(11) if the child is petitioned and found by the court to have committed or attempted to
commit an act in violation of section 609.342; 609.343; 609.344; 609.345; 609.3451;
609.746, subdivision 1; 609.79; or 617.23, or another offense arising out of a delinquency
petition based on one or more of those sections, the court shall order an independent
professional assessment of the child's need for sex offender treatment. An assessor providing
an assessment for the court must be experienced in the evaluation and treatment of juvenile
sex offenders. If the assessment indicates that the child is in need of and amenable to sex
offender treatment, the court shall include in its disposition order a requirement that the
child undergo treatment. Notwithstanding section 13.384, 13.85, 144.291 to 144.298, or
260B.171, or chapter 260E, the assessor has access to the following private or confidential
data on the child if access is relevant and necessary for the assessment:

(i) medical data under section 13.384;

(ii) corrections and detention data under section 13.85;

(iii) health records under sections 144.291 to 144.298;

(iv) juvenile court records under section 260B.171; and

(v) local welfare agency records under chapter 260E.

Data disclosed under this clause may be used only for purposes of the assessment and
may not be further disclosed to any other person, except as authorized by law; or

(12) if the child is found delinquent due to the commission of an offense that would be
a felony if committed by an adult, the court shall make a specific finding on the record
regarding the juvenile's mental health and chemical dependency treatment needs.

(b) Any order for a disposition authorized under this section shall contain written findings
of fact to support the disposition ordered and shall also set forth in writing the following
information:

(1) why the best interests of the child are served by the disposition ordered; and

(2) what alternative dispositions were considered by the court and why such dispositions
were not appropriate in the instant case. Clause (1) does not apply to a disposition under
subdivision 1a.

Sec. 16.

Minnesota Statutes 2020, section 609.165, subdivision 1a, is amended to read:

Subd. 1a.

Certain convicted felons ineligible to possess firearms or ammunition.

The
order of discharge must provide that a person who has been convicted of a crime of violence,
as defined in section 624.712, subdivision 5, is not entitled to ship, transport, possess, or
receive a firearm or ammunition for the remainder of the person's lifetime. Any person who
has received such a discharge and who thereafter has received a relief of disability under
United States Code, title 18, section 925, or whose ability to possess firearms and ammunition
has been restored under subdivision 1d new text begin or section 152.18, subdivision 3 new text end , shall not be subject
to the restrictions of this subdivision.

Sec. 17.

Minnesota Statutes 2020, section 609.165, subdivision 1b, is amended to read:

Subd. 1b.

Violation and penalty.

(a) Any person who has been convicted of a crime of
violence, as defined in section 624.712, subdivision 5, and who ships, transports, possesses,
or receives a firearm or ammunition, commits a felony and may be sentenced to imprisonment
for not more than 15 years or to payment of a fine of not more than $30,000, or both.

(b) A conviction and sentencing under this section shall be construed to bar a conviction
and sentencing for a violation of section 624.713, subdivision 2.

(c) The criminal penalty in paragraph (a) does not apply to any person who has received
a relief of disability under United States Code, title 18, section 925, or whose ability to
possess firearms and ammunition has been restored under subdivision 1d new text begin or section 152.18,
subdivision 3 new text end .

Sec. 18.

Minnesota Statutes 2020, section 609A.02, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Certain petty misdemeanor controlled substance offenses. new text end

new text begin Records related
to petty misdemeanor violations of section 152.027, subdivision 4, or 152.092 involving
marijuana-related drug paraphernalia shall be sealed without the filing of a petition as
provided in section 609A.027.
new text end

Sec. 19.

new text begin [609A.027] NO PETITION REQUIRED FOR CERTAIN PETTY
MISDEMEANOR CONTROLLED SUBSTANCE VIOLATIONS AFTER ONE-YEAR
WAITING PERIOD.
new text end

new text begin (a) At the conclusion of one year following conviction for a petty misdemeanor violation
of section 152.027, subdivision 4, or 152.092 involving marijuana-related drug paraphernalia,
and the payment of any fines, fees, and surcharges and, if applicable, the successful
completion of any required drug education program, or following the dismissal of a petty
misdemeanor charge for violating section 152.027, subdivision 4, or 152.092 involving
marijuana-related drug paraphernalia, the court shall order, without the filing of a petition,
the sealing of all records relating to the arrest, charge, trial, dismissal, and conviction.
new text end

new text begin (b) A record sealed under paragraph (a) may be opened only as provided in section
609A.03, subdivision 7a.
new text end