HF 1436

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; providing criminal penalties for 
  1.3             possession or sale of a small amount of marijuana; 
  1.4             amending Minnesota Statutes 1996, section 152.027, 
  1.5             subdivision 4. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 152.027, 
  1.8   subdivision 4, is amended to read: 
  1.9      Subd. 4.  [POSSESSION OR SALE OF SMALL AMOUNTS OF 
  1.10  MARIJUANA.] (a) A person who unlawfully sells a small amount of 
  1.11  marijuana for no remuneration, or who unlawfully possesses a 
  1.12  small amount of marijuana is guilty of a petty misdemeanor 
  1.13  punishable by a fine of up to $200 and participation and shall 
  1.14  be ordered to participate in a drug education program unless the 
  1.15  court enters a written finding that a drug education program is 
  1.16  inappropriate.  The program must be approved by an area mental 
  1.17  health board with a curriculum approved by the state alcohol and 
  1.18  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 
  2.1   with the sentence imposed, is guilty of a misdemeanor.  
  2.2   Compliance with the terms of the sentence imposed before 
  2.3   conviction under this paragraph is an absolute defense. 
  2.4      Sec. 2.  [EFFECTIVE DATE.] 
  2.5      Section 1 is effective August 1, 1997, and applies to 
  2.6   crimes committed on or after that date.