SF 1485

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 prevention; providing for an 
  1.3             increased criminal penalty for possession or sale of 
  1.4             small amounts of marijuana in a school zone, park 
  1.5             zone, or public housing zone; imposing a criminal 
  1.6             penalty; amending Minnesota Statutes 1996, section 
  1.7             152.027, subdivision 4, and by adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 152.027, 
  1.10  subdivision 4, is amended to read: 
  1.11     Subd. 4.  [POSSESSION OR SALE OF SMALL AMOUNTS OF 
  1.12  MARIJUANA.] (a) Except as provided in subdivision 4a, a person 
  1.13  who unlawfully sells a small amount of marijuana for no 
  1.14  remuneration, or who unlawfully possesses a small amount of 
  1.15  marijuana is guilty of a petty misdemeanor punishable by a fine 
  1.16  of up to $200 and participation in a drug education program 
  1.17  unless the court enters a written finding that a drug education 
  1.18  program is inappropriate.  The program must be approved by an 
  1.19  area mental health board with a curriculum approved by the state 
  1.20  alcohol and drug abuse authority. 
  1.21     (b) A person convicted of an unlawful sale under paragraph 
  1.22  (a) who is subsequently convicted of an unlawful sale under 
  1.23  paragraph (a) within two years is guilty of a misdemeanor and 
  1.24  shall be required to participate in a chemical dependency 
  1.25  evaluation and treatment if so indicated by the evaluation. 
  1.26     (c) A person who is convicted of a petty misdemeanor under 
  2.1   paragraph (a) who willfully and intentionally fails to comply 
  2.2   with the sentence imposed, is guilty of a misdemeanor.  
  2.3   Compliance with the terms of the sentence imposed before 
  2.4   conviction under this paragraph is an absolute defense. 
  2.5      Sec. 2.  Minnesota Statutes 1996, section 152.027, is 
  2.6   amended by adding a subdivision to read: 
  2.7      Subd. 4a.  [POSSESSION OR SALE OF SMALL AMOUNTS OF 
  2.8   MARIJUANA IN A SCHOOL ZONE, PARK ZONE, OR PUBLIC HOUSING 
  2.9   ZONE.] A person who, while in a school zone, park zone, or 
  2.10  public housing zone, unlawfully:  (1) sells a small amount of 
  2.11  marijuana for no remuneration; or (2) possesses a small amount 
  2.12  of marijuana, is guilty of a misdemeanor. 
  2.13     Sec. 3.  [EFFECTIVE DATE.] 
  2.14     Sections 1 and 2 are effective August 1, 1997, and apply to 
  2.15  crimes committed on or after that date.