HF 3626

as introduced - 82nd Legislature (2001 - 2002) 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 2000, sections 152.021; 
  1.5             152.022, as amended; 152.023, as amended; 152.024; 
  1.6             152.025; proposing coding for new law in Minnesota 
  1.7             Statutes, chapter 152. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [152.0205] [CONTROLLED SUBSTANCE CRIME IN THE 
  1.10  FIRST DEGREE.] 
  1.11     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  1.12  controlled substance crime in the first degree if: 
  1.13     (1) on one or more occasions within a 90-day period the 
  1.14  person unlawfully sells one or more mixtures of a total weight 
  1.15  of 50 grams or more containing cocaine, heroin, or 
  1.16  methamphetamine; 
  1.17     (2) on one or more occasions within a 90-day period the 
  1.18  person unlawfully sells one or more mixtures of a total weight 
  1.19  of 100 grams or more containing a narcotic drug other than 
  1.20  cocaine, heroin, or methamphetamine; 
  1.21     (3) on one or more occasions within a 90-day period the 
  1.22  person unlawfully sells one or more mixtures of a total weight 
  1.23  of 100 grams or more containing amphetamine, phencyclidine, or 
  1.24  hallucinogen or, if the controlled substance is packaged in 
  1.25  dosage units, equaling 400 or more dosage units; or 
  1.26     (4) on one or more occasions within a 90-day period the 
  2.1   person unlawfully sells one or more mixtures of a total weight 
  2.2   of 100 kilograms or more containing marijuana or 
  2.3   Tetrahydrocannabinols, or one or more mixtures of a total weight 
  2.4   of 50 kilograms or more containing marijuana or 
  2.5   Tetrahydrocannabinols in a school zone, a park zone, a public 
  2.6   housing zone, or a drug treatment facility. 
  2.7      Subd. 2.  [POSSESSION CRIMES.] A person is guilty of a 
  2.8   controlled substance crime in the first degree if: 
  2.9      (1) the person unlawfully possesses one or more mixtures of 
  2.10  a total weight of one kilogram or more containing cocaine, 
  2.11  heroin, or methamphetamine; 
  2.12     (2) the person unlawfully possesses one or more mixtures of 
  2.13  a total weight of one kilogram or more containing a narcotic 
  2.14  drug other than cocaine, heroin, or methamphetamine; 
  2.15     (3) the person unlawfully possesses one or more mixtures of 
  2.16  a total weight of one kilogram or more containing amphetamine, 
  2.17  phencyclidine, or hallucinogen or, if the controlled substance 
  2.18  is packaged in dosage units, equaling one kilogram or more 
  2.19  dosage units; or 
  2.20     (4) the person unlawfully possesses one or more mixtures of 
  2.21  a total weight of 200 kilograms or more containing marijuana or 
  2.22  Tetrahydrocannabinols. 
  2.23     Subd. 3.  [PENALTY.] (a) A person convicted under 
  2.24  subdivisions 1 and 2 may be sentenced to imprisonment for not 
  2.25  more than 40 years or to payment of a fine of not more than 
  2.26  $1,000,000, or both. 
  2.27     (b) If the conviction is a subsequent controlled substance 
  2.28  conviction, a person convicted under subdivisions 1 and 2 shall 
  2.29  be committed to the commissioner of corrections for not less 
  2.30  than six years nor more than 50 years and, in addition, may be 
  2.31  sentenced to payment of a fine of not more than $1,000,000.  
  2.32     (c) In a prosecution under subdivision 1 involving sales by 
  2.33  the same person in two or more counties within a 90-day period, 
  2.34  the person may be prosecuted for all of the sales in any county 
  2.35  in which one of the sales occurred. 
  2.36     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
  3.1   and applies to crimes committed on or after that date. 
  3.2      Sec. 2.  Minnesota Statutes 2000, section 152.021, is 
  3.3   amended to read: 
  3.4      152.021 [CONTROLLED SUBSTANCE CRIME IN THE FIRST SECOND 
  3.5   DEGREE.] 
  3.6      Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  3.7   controlled substance crime in the first second degree if: 
  3.8      (1) on one or more occasions within a 90-day period the 
  3.9   person unlawfully sells one or more mixtures of a total weight 
  3.10  of ten grams or more containing cocaine, heroin, or 
  3.11  methamphetamine; 
  3.12     (2) on one or more occasions within a 90-day period the 
  3.13  person unlawfully sells one or more mixtures of a total weight 
  3.14  of 50 grams or more containing a narcotic drug other than 
  3.15  cocaine, heroin, or methamphetamine; 
  3.16     (3) on one or more occasions within a 90-day period the 
  3.17  person unlawfully sells one or more mixtures of a total weight 
  3.18  of 50 grams or more containing amphetamine, phencyclidine, or 
  3.19  hallucinogen or, if the controlled substance is packaged in 
  3.20  dosage units, equaling 200 or more dosage units; or 
  3.21     (4) on one or more occasions within a 90-day period the 
  3.22  person unlawfully sells one or more mixtures of a total weight 
  3.23  of 50 kilograms or more containing marijuana or 
  3.24  Tetrahydrocannabinols, or one or more mixtures of a total weight 
  3.25  of 25 kilograms or more containing marijuana or 
  3.26  Tetrahydrocannabinols in a school zone, a park zone, a public 
  3.27  housing zone, or a drug treatment facility. 
  3.28     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of a 
  3.29  controlled substance crime in the first second degree if: 
  3.30     (1) the person unlawfully possesses one or more mixtures of 
  3.31  a total weight of 25 grams or more containing cocaine, heroin, 
  3.32  or methamphetamine; 
  3.33     (2) the person unlawfully possesses one or more mixtures of 
  3.34  a total weight of 500 grams or more containing a narcotic drug 
  3.35  other than cocaine, heroin, or methamphetamine; 
  3.36     (3) the person unlawfully possesses one or more mixtures of 
  4.1   a total weight of 500 grams or more containing amphetamine, 
  4.2   phencyclidine, or hallucinogen or, if the controlled substance 
  4.3   is packaged in dosage units, equaling 500 or more dosage units; 
  4.4   or 
  4.5      (4) the person unlawfully possesses one or more mixtures of 
  4.6   a total weight of 100 kilograms or more containing marijuana or 
  4.7   Tetrahydrocannabinols. 
  4.8      Subd. 2a.  [MANUFACTURE CRIMES.] Notwithstanding 
  4.9   subdivision 1, sections 152.022, subdivision 1, 152.023, 
  4.10  subdivision 1, and 152.024, subdivision 1, a person is guilty of 
  4.11  controlled substance crime in the first second degree if the 
  4.12  person manufactures any amount of methamphetamine. 
  4.13     Subd. 3.  [PENALTY.] (a) A person convicted under 
  4.14  subdivisions 1 to 2a may be sentenced to imprisonment for not 
  4.15  more than 30 years or to payment of a fine of not more than 
  4.16  $1,000,000, or both. 
  4.17     (b) If the conviction is a subsequent controlled substance 
  4.18  conviction, a person convicted under subdivisions 1 to 2a shall 
  4.19  be committed to the commissioner of corrections for not less 
  4.20  than four years nor more than 40 years and, in addition, may be 
  4.21  sentenced to payment of a fine of not more than $1,000,000.  
  4.22     (c) In a prosecution under subdivision 1 involving sales by 
  4.23  the same person in two or more counties within a 90-day period, 
  4.24  the person may be prosecuted for all of the sales in any county 
  4.25  in which one of the sales occurred.  
  4.26     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
  4.27  and applies to crimes committed on or after that date. 
  4.28     Sec. 3.  Minnesota Statutes 2000, section 152.022, as 
  4.29  amended by Laws 2001, First Special Session chapter 8, article 
  4.30  8, section 2, is amended to read: 
  4.31     152.022 [CONTROLLED SUBSTANCE CRIME IN THE SECOND THIRD 
  4.32  DEGREE.] 
  4.33     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  4.34  controlled substance crime in the second third degree if: 
  4.35     (1) on one or more occasions within a 90-day period the 
  4.36  person unlawfully sells one or more mixtures of a total weight 
  5.1   of three grams or more containing cocaine, heroin, or 
  5.2   methamphetamine; 
  5.3      (2) on one or more occasions within a 90-day period the 
  5.4   person unlawfully sells one or more mixtures of a total weight 
  5.5   of ten grams or more containing a narcotic drug other than 
  5.6   cocaine, heroin, or methamphetamine; 
  5.7      (3) on one or more occasions within a 90-day period the 
  5.8   person unlawfully sells one or more mixtures of a total weight 
  5.9   of ten grams or more containing amphetamine, phencyclidine, or 
  5.10  hallucinogen or, if the controlled substance is packaged in 
  5.11  dosage units, equaling 50 or more dosage units; 
  5.12     (4) on one or more occasions within a 90-day period the 
  5.13  person unlawfully sells one or more mixtures of a total weight 
  5.14  of 25 kilograms or more containing marijuana or 
  5.15  Tetrahydrocannabinols; 
  5.16     (5) the person unlawfully sells any amount of a schedule I 
  5.17  or II narcotic drug to a person under the age of 18, or 
  5.18  conspires with or employs a person under the age of 18 to 
  5.19  unlawfully sell the substance; or 
  5.20     (6) the person unlawfully sells any of the following in a 
  5.21  school zone, a park zone, a public housing zone, or a drug 
  5.22  treatment facility: 
  5.23     (i) any amount of a schedule I or II narcotic drug, 
  5.24  lysergic acid diethylamide (LSD), 3,4-methylenedioxy 
  5.25  amphetamine, or 3,4-methylenedioxymethamphetamine; 
  5.26     (ii) one or more mixtures containing methamphetamine or 
  5.27  amphetamine; or 
  5.28     (iii) one or more mixtures of a total weight of five 
  5.29  kilograms or more containing marijuana or Tetrahydrocannabinols. 
  5.30     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
  5.31  controlled substance crime in the second third degree if: 
  5.32     (1) the person unlawfully possesses one or more mixtures of 
  5.33  a total weight of six grams or more containing cocaine, heroin, 
  5.34  or methamphetamine; 
  5.35     (2) the person unlawfully possesses one or more mixtures of 
  5.36  a total weight of 50 grams or more containing a narcotic drug 
  6.1   other than cocaine, heroin, or methamphetamine; 
  6.2      (3) the person unlawfully possesses one or more mixtures of 
  6.3   a total weight of 50 grams or more containing amphetamine, 
  6.4   phencyclidine, or hallucinogen or, if the controlled substance 
  6.5   is packaged in dosage units, equaling 100 or more dosage units; 
  6.6   or 
  6.7      (4) the person unlawfully possesses one or more mixtures of 
  6.8   a total weight of 50 kilograms or more containing marijuana or 
  6.9   Tetrahydrocannabinols. 
  6.10     Subd. 3.  [PENALTY.] (a) A person convicted under 
  6.11  subdivision 1 or 2 may be sentenced to imprisonment for not more 
  6.12  than 25 years or to payment of a fine of not more than $500,000, 
  6.13  or both. 
  6.14     (b) If the conviction is a subsequent controlled substance 
  6.15  conviction, a person convicted under subdivision 1 or 2 shall be 
  6.16  committed to the commissioner of corrections for not less than 
  6.17  three years nor more than 40 years and, in addition, may be 
  6.18  sentenced to payment of a fine of not more than $500,000.  
  6.19     (c) In a prosecution under subdivision 1 involving sales by 
  6.20  the same person in two or more counties within a 90-day period, 
  6.21  the person may be prosecuted for all of the sales in any county 
  6.22  in which one of the sales occurred.  
  6.23     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
  6.24  and applies to crimes committed on or after that date. 
  6.25     Sec. 4.  Minnesota Statutes 2000, section 152.023, as 
  6.26  amended by Laws 2001, First Special Session chapter 8, section 
  6.27  3, is amended to read: 
  6.28     152.023 [CONTROLLED SUBSTANCE CRIME IN THE THIRD FOURTH 
  6.29  DEGREE.] 
  6.30     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  6.31  controlled substance crime in the third fourth degree if:  
  6.32     (1) the person unlawfully sells one or more mixtures 
  6.33  containing a narcotic drug; 
  6.34     (2) on one or more occasions within a 90-day period the 
  6.35  person unlawfully sells one or more mixtures containing 
  6.36  phencyclidine or hallucinogen, it is packaged in dosage units, 
  7.1   and equals ten or more dosage units; 
  7.2      (3) the person unlawfully sells one or more mixtures 
  7.3   containing a controlled substance classified in schedule I, II, 
  7.4   or III, except a schedule I or II narcotic drug, to a person 
  7.5   under the age of 18; 
  7.6      (4) the person conspires with or employs a person under the 
  7.7   age of 18 to unlawfully sell one or more mixtures containing a 
  7.8   controlled substance listed in schedule I, II, or III, except a 
  7.9   schedule I or II narcotic drug; or 
  7.10     (5) on one or more occasions within a 90-day period the 
  7.11  person unlawfully sells one or more mixtures of a total weight 
  7.12  of five kilograms or more containing marijuana or 
  7.13  Tetrahydrocannabinols. 
  7.14     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
  7.15  controlled substance crime in the third fourth degree if: 
  7.16     (1) on one or more occasions within a 90-day period the 
  7.17  person unlawfully possesses one or more mixtures of a total 
  7.18  weight of three grams or more containing cocaine, heroin, or 
  7.19  methamphetamine; 
  7.20     (2) on one or more occasions within a 90-day period the 
  7.21  person unlawfully possesses one or more mixtures of a total 
  7.22  weight of ten grams or more containing a narcotic drug other 
  7.23  than cocaine, heroin, or methamphetamine; 
  7.24     (3) on one or more occasions within a 90-day period the 
  7.25  person unlawfully possesses one or more mixtures containing a 
  7.26  narcotic drug, it is packaged in dosage units, and equals 50 or 
  7.27  more dosage units; 
  7.28     (4) on one or more occasions within a 90-day period the 
  7.29  person unlawfully possesses any amount of a schedule I or II 
  7.30  narcotic drug or five or more dosage units of lysergic acid 
  7.31  diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 
  7.32  3,4-methylenedioxymethamphetamine in a school zone, a park zone, 
  7.33  a public housing zone, or a drug treatment facility; 
  7.34     (5) on one or more occasions within a 90-day period the 
  7.35  person unlawfully possesses one or more mixtures of a total 
  7.36  weight of ten kilograms or more containing marijuana or 
  8.1   Tetrahydrocannabinols; or 
  8.2      (6) the person unlawfully possesses one or more mixtures 
  8.3   containing methamphetamine or amphetamine in a school zone, a 
  8.4   park zone, a public housing zone, or a drug treatment facility. 
  8.5      Subd. 3.  [PENALTY.] (a) A person convicted under 
  8.6   subdivision 1 or 2 may be sentenced to imprisonment for not more 
  8.7   than 20 years or to payment of a fine of not more than $250,000, 
  8.8   or both. 
  8.9      (b) If the conviction is a subsequent controlled substance 
  8.10  conviction, a person convicted under subdivision 1 or 2 shall be 
  8.11  committed to the commissioner of corrections for not less than 
  8.12  two years nor more than 30 years and, in addition, may be 
  8.13  sentenced to payment of a fine of not more than $250,000.  
  8.14     (c) In a prosecution under subdivision 1 or 2 involving 
  8.15  sales or acts of possession by the same person in two or more 
  8.16  counties within a 90-day period, the person may be prosecuted in 
  8.17  any county in which one of the sales or acts of possession 
  8.18  occurred.  
  8.19     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
  8.20  and applies to crimes committed on or after that date. 
  8.21     Sec. 5.  Minnesota Statutes 2000, section 152.024, is 
  8.22  amended to read: 
  8.23     152.024 [CONTROLLED SUBSTANCE CRIME IN THE FOURTH FIFTH 
  8.24  DEGREE.] 
  8.25     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  8.26  controlled substance crime in the fourth fifth degree if: 
  8.27     (1) the person unlawfully sells one or more mixtures 
  8.28  containing a controlled substance classified in schedule I, II, 
  8.29  or III, except marijuana or Tetrahydrocannabinols; 
  8.30     (2) the person unlawfully sells one or more mixtures 
  8.31  containing a controlled substance classified in schedule IV or V 
  8.32  to a person under the age of 18; 
  8.33     (3) the person conspires with or employs a person under the 
  8.34  age of 18 to unlawfully sell a controlled substance classified 
  8.35  in schedule IV or V; or 
  8.36     (4) the person unlawfully sells any amount of marijuana or 
  9.1   Tetrahydrocannabinols in a school zone, a park zone, a public 
  9.2   housing zone, or a drug treatment facility, except a small 
  9.3   amount for no remuneration. 
  9.4      Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
  9.5   controlled substance crime in the fourth fifth degree if:  
  9.6      (1) the person unlawfully possesses one or more mixtures 
  9.7   containing phencyclidine or hallucinogen, it is packaged in 
  9.8   dosage units, and equals ten or more dosage units; or 
  9.9      (2) the person unlawfully possesses one or more mixtures 
  9.10  containing a controlled substance classified in schedule I, II, 
  9.11  or III, except marijuana or Tetrahydrocannabinols, with the 
  9.12  intent to sell it. 
  9.13     Subd. 3.  [PENALTY.] (a) A person convicted under 
  9.14  subdivision 1 or 2 may be sentenced to imprisonment for not more 
  9.15  than 15 years or to payment of a fine of not more than $100,000, 
  9.16  or both. 
  9.17     (b) If the conviction is a subsequent controlled substance 
  9.18  conviction, a person convicted under subdivision 1 or 2 shall be 
  9.19  committed to the commissioner of corrections or to a local 
  9.20  correctional authority for not less than one year nor more than 
  9.21  30 years and, in addition, may be sentenced to payment of a fine 
  9.22  of not more than $100,000.  
  9.23     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
  9.24  and applies to crimes committed on or after that date. 
  9.25     Sec. 6.  Minnesota Statutes 2000, section 152.025, is 
  9.26  amended to read: 
  9.27     152.025 [CONTROLLED SUBSTANCE CRIME IN THE FIFTH SIXTH 
  9.28  DEGREE.] 
  9.29     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  9.30  controlled substance crime in the fifth sixth degree if: 
  9.31     (1) the person unlawfully sells one or more mixtures 
  9.32  containing marijuana or Tetrahydrocannabinols, except a small 
  9.33  amount of marijuana for no remuneration; or 
  9.34     (2) the person unlawfully sells one or more mixtures 
  9.35  containing a controlled substance classified in schedule IV. 
  9.36     Subd. 2.  [POSSESSION AND OTHER CRIMES.] A person is guilty 
 10.1   of controlled substance crime in the fifth sixth degree if: 
 10.2      (1) the person unlawfully possesses one or more mixtures 
 10.3   containing a controlled substance classified in schedule I, II, 
 10.4   III, or IV, except a small amount of marijuana; or 
 10.5      (2) the person procures, attempts to procure, possesses, or 
 10.6   has control over a controlled substance by any of the following 
 10.7   means: 
 10.8      (i) fraud, deceit, misrepresentation, or subterfuge; 
 10.9      (ii) using a false name or giving false credit; or 
 10.10     (iii) falsely assuming the title of, or falsely 
 10.11  representing any person to be, a manufacturer, wholesaler, 
 10.12  pharmacist, physician, doctor of osteopathy licensed to practice 
 10.13  medicine, dentist, podiatrist, veterinarian, or other authorized 
 10.14  person for the purpose of obtaining a controlled substance. 
 10.15     Subd. 3.  [PENALTY.] (a) A person convicted under 
 10.16  subdivision 1 or 2 may be sentenced to imprisonment for not more 
 10.17  than five years or to payment of a fine of not more than 
 10.18  $10,000, or both. 
 10.19     (b) If the conviction is a subsequent controlled substance 
 10.20  conviction, a person convicted under subdivision 1 or 2 shall be 
 10.21  committed to the commissioner of corrections or to a local 
 10.22  correctional authority for not less than six months nor more 
 10.23  than ten years and, in addition, may be sentenced to payment of 
 10.24  a fine of not more than $20,000. 
 10.25     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 10.26  and applies to crimes committed on or after that date. 
 10.27     Sec. 7.  [REVISOR INSTRUCTION.] 
 10.28     The revisor of statutes shall correct all necessary 
 10.29  cross-references consistent with the coding and controlled 
 10.30  substance degree changes made in Minnesota Statutes, sections 
 10.31  152.0205 to 152.025.