HF 2418

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; amending the drug
paraphernalia crime to change the mental state
requirement, specifically address sales of drug
paraphernalia, and consolidate certain drug
paraphernalia crimes into a single statutory section;
authorizing cities, counties, and towns to restrict
through zoning the sale of drug paraphernalia;
allowing unlawful drug paraphernalia activities to
constitute a public nuisance; prohibiting the
possession of certain items associated with controlled
substance use; imposing criminal penalties; amending
Minnesota Statutes 2004, sections 152.01, subdivision
18; 152.093; 617.81, subdivision 2; proposing coding
for new law in Minnesota Statutes, chapters 152; 471;
repealing Minnesota Statutes 2004, section 152.094.

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

Section 1.

Minnesota Statutes 2004, 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 under this chapter or the Uniform Controlled
Substances Act, which are deleted text begin knowingly or intentionally deleted text end 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 hypodermic needles or syringes
in accordance with section 151.40, subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 2.

Minnesota Statutes 2004, section 152.093, is
amended to read:

152.093 deleted text begin MANUFACTURE OR DELIVERY deleted text end new text begin SALE new text end OF DRUG PARAPHERNALIA
PROHIBITED.

new text begin Subdivision 1. new text end

new text begin Sales generally. new text end

new text begin (a) new text end It is unlawful for
any person deleted text begin knowingly or intentionally deleted text end to deleted text begin deliver deleted text end new text begin sell new text end drug
paraphernalia deleted text begin or knowingly or intentionally to possess or
manufacture drug paraphernalia for delivery deleted text end new text begin , knowing or having
reason to know, that the purchaser will use or allow another to
use the item to:
new text end

new text begin (1) manufacture a controlled substance;
new text end

new text begin (2) inject, ingest, inhale, or otherwise introduce into the
human body a controlled substance;
new text end

new text begin (3) test the strength, effectiveness, or purity of a
controlled substance; or
new text end

new text begin (4) enhance the effect of a controlled substance new text end .

new text begin (b) new text end Any violation of this deleted text begin section deleted text end new text begin subdivision new text end is a
misdemeanor.

new text begin Subd. 2. new text end

new text begin Sales to minor. new text end

new text begin Any person 18 years of age or
older who violates subdivision 1 by selling drug paraphernalia
to a person under 18 years of age who is at least three years
younger is guilty of a gross misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 3.

new text begin [152.0955] PROHIBITION ON POSSESSION OF CERTAIN
ITEMS ASSOCIATED WITH CONTROLLED SUBSTANCE USE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section, the
following terms have the meanings given:
new text end

new text begin (1) "bong" means any pipe or smoking device, commonly
referred to as a bong, water bong, or hookah, having one or more
tubes that attach to or are part of the pipe or device, that
allow for a smoked product to be drawn from a reservoir or bowl,
through a quantity of water or other liquid substance, or
through another tube or opening on the pipe or device;
new text end

new text begin (2) "dugout" means a storage device, commonly referred to
as a dugout, designed with separate reservoirs for marijuana and
a one-hit pipe;
new text end

new text begin (3) "glass pipe" means any pipe or smoking device that has
a reservoir capable of holding controlled substances for
ingestion;
new text end

new text begin (4) "marijuana pipe" means any pipe or smoking device,
except for a traditional pipe, that is made of solid material,
including ivory, onyx, glass, metal, stone, or any other
material, having a reservoir and a direct channel or a channel
filtered by a screen, leading to an open end, commonly known as
a bowl;
new text end

new text begin (5) "one-hit pipe" means any pipe or smoking device that
consists of a reservoir on one end, with a direct channel or a
channel filtered by a screen that leads to the opposite end,
designed as a linear device, and without a separately attached
bowl or reservoir; and
new text end

new text begin (6) "traditional pipe" means a smoking device that has a
sole use for consumption of tobacco, not containing a screen in
the bowl section, commonly known as a corncob pipe.
new text end

new text begin Subd. 2. new text end

new text begin Possession prohibited. new text end

new text begin A person who possesses a
bong, dugout, glass pipe, marijuana pipe, or one-hit pipe is
guilty of a petty misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 4.

new text begin [471.636] SALE OF DRUG PARAPHERNALIA.
new text end

new text begin A statutory or home rule charter city, county, or town may
provide in its official controls adopted under chapter 366, 394,
or 462 that a business, dwelling, or other structure in which
drug paraphernalia, as defined by section 152.01, subdivision
18, is sold, may not be located within 1,500 feet of a state
university, public school, church, synagogue, or other place of
worship.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2004, section 617.81,
subdivision 2, is amended to read:

Subd. 2.

Acts constituting a nuisance.

(a) For purposes
of sections 617.80 to 617.87, a public nuisance exists upon
proof of two or more separate behavioral incidents of one or
more of the following, committed within the previous 12 months
within the building:

(1) prostitution or prostitution-related activity committed
within the building;

(2) gambling or gambling-related activity committed within
the building;

(3) maintaining a public nuisance in violation of section
609.74, clause (1) or (3);

(4) permitting a public nuisance in violation of section
609.745;

(5) unlawful sale, possession, storage, delivery, giving,
manufacture, cultivation, or use of controlled substances
committed within the building;

(6) new text begin unlawful activities involving drug paraphernalia
committed within the building in violation of section 152.092,
152.093, or 152.095;
new text end

new text begin (7) new text end unlicensed sales of alcoholic beverages committed
within the building in violation of section 340A.401;

deleted text begin (7) deleted text end new text begin (8) new text end unlawful sales or gifts of alcoholic beverages by
an unlicensed person committed within the building in violation
of section 340A.503, subdivision 2, clause (1);

deleted text begin (8) deleted text end new text begin (9) new text end unlawful use or possession of a firearm in
violation of section 609.66, subdivision 1a, 609.67, or 624.713,
committed within the building; or

deleted text begin (9) deleted text end new text begin (10) new text end violation by a commercial enterprise of local or
state business licensing regulations, ordinances, or statutes
prohibiting the maintenance of a public nuisance as defined in
section 609.74 or the control of a public nuisance as defined in
section 609.745.

(b) If the building contains more than one rental unit, two
or more behavioral incidents must consist of conduct:

(1) anywhere in the building by the same tenant or lessee,
or persons acting in conjunction with or under the control of
the same tenant or lessee;

(2) by any persons within the same rental unit while
occupied by the same tenant or lessee or within two or more
rental units while occupied by the same tenant or lessee; or

(3) by the owner of the building or persons acting in
conjunction with or under the control of the owner.

(c) Proof of a nuisance exists if each of the elements of
the conduct constituting the nuisance is established by clear
and convincing evidence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 152.094, is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end