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 apettymisdemeanor 1.13punishable by a fine of up to $200 and participationand 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 yearsis guilty of a misdemeanor and1.22 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 under1.25paragraph (a) who willfully and intentionally fails to comply2.1with the sentence imposed, is guilty of a misdemeanor.2.2Compliance with the terms of the sentence imposed before2.3conviction 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.