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HF 4307

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/26/2024 02:21pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16

A bill for an act
relating to public safety; making a conforming change to penalize fentanyl offenses
at the same level as heroin offenses; amending Minnesota Statutes 2022, section
152.025, subdivision 4.

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

Section 1.

Minnesota Statutes 2022, 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 heroinnew text begin or fentanylnew text end , is less than 0.25 grams or one dosage
unit or less if the controlled substance was possessed in dosage units; or (2) the controlled
substance possessed is heroinnew text begin or fentanylnew text end and the amount possessed is less than 0.05 grams.

(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.