HF 4635

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 02:44pm

A bill for an act
relating to public safety; clarifying the criminal penalty for use and possession of
cannabis by persons under 21 years of age; amending Minnesota Statutes 2022,
section 260B.007, subdivisions 16, 18; Minnesota Statutes 2023 Supplement,
section 152.0263, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 152.0263, is amended by adding
a subdivision to read:

new text begin Subd. 6. new text end

new text begin Use of cannabis by a person under 21 years of age. new text end

new text begin (a) It is a misdemeanor
for a person under 21 years of age to unlawfully use cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products.
new text end

new text begin (b) An offense under paragraph (a) may be prosecuted either in the jurisdiction where
the use occurs or the jurisdiction where evidence of the use is observed.
new text end

new text begin (c) As used in this subdivision, "use" includes the ingestion of a prohibited item and the
physical condition of having ingested a prohibited item.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to acts
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 152.0263, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin Possession of cannabis by a person under 21 years of age. new text end

new text begin It is a misdemeanor
for a person under 21 years of age to unlawfully possess any of the following:
new text end

new text begin (1) any amount up to four ounces of cannabis flower in any place other than the person's
residence;
new text end

new text begin (2) any amount up to two pounds of cannabis flower in the person's residence;
new text end

new text begin (3) any amount up to 16 grams of cannabis concentrate; or
new text end

new text begin (4) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer
products infused with any amount up to 1,600 milligrams of tetrahydrocannabinol.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to acts
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2022, section 260B.007, subdivision 16, is amended to read:

Subd. 16.

Juvenile petty offender; juvenile petty offense.

(a) "Juvenile petty offense"
includes a juvenile alcohol offense, a juvenile controlled substance offense, deleted text begin a violation of
section 609.685, deleted text end or a violation of a local ordinance, which by its terms prohibits conduct
by a child under the age of 18 years which would be lawful conduct if committed by an
adult.

(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also includes
an offense that would be a new text begin petty misdemeanor or new text end misdemeanor if committed by an adult.

(c) "Juvenile petty offense" does not include any of the following:

(1) a misdemeanor-level violation of section 518B.01, 588.20, 609.224, 609.2242,
609.324, subdivision 2 or 3, 609.5632, 609.576, 609.66, 609.746, 609.748, 609.79, or
617.23;

(2) a major traffic offense or an adult court traffic offense, as described in section
260B.225;

(3) a misdemeanor-level offense committed by a child whom the juvenile court previously
has found to have committed a misdemeanor, gross misdemeanor, or felony offense; or

(4) a misdemeanor-level offense committed by a child whom the juvenile court has
found to have committed a misdemeanor-level juvenile petty offense on two or more prior
occasions, unless the county attorney designates the child on the petition as a juvenile petty
offender notwithstanding this prior record. As used in this clause, "misdemeanor-level
juvenile petty offense" includes a misdemeanor-level offense that would have been a juvenile
petty offense if it had been committed on or after July 1, 1995.

(d) A child who commits a juvenile petty offense is a "juvenile petty offender." The
term juvenile petty offender does not include a child alleged to have violated any law relating
to being hired, offering to be hired, or agreeing to be hired by another individual to engage
in sexual penetration or sexual conduct which, if committed by an adult, would be a
misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to acts
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2022, section 260B.007, subdivision 18, is amended to read:

Subd. 18.

Juvenile controlled substance offense.

"Juvenile controlled substance offense"
means a violation by a child of section deleted text begin 152.027, subdivision 4, with respect to a small amount
of marijuana deleted text end new text begin 152.0263, subdivision 6 or 7, new text end or an equivalent local ordinance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to acts
committed on or after that date.
new text end