SF 2805

as introduced - 91st Legislature (2019 - 2020) Posted on 04/08/2019 02:28pm

A bill for an act
relating to crime; adjusting thresholds for certain marijuana offenses; providing
for penalties; amending Minnesota Statutes 2018, section 152.025, subdivisions
1, 2; proposing coding for new law in Minnesota Statutes, chapter 152.

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

Section 1.

Minnesota Statutes 2018, section 152.025, subdivision 1, is amended to read:

Subdivision 1.

Sale crimes.

A person is guilty of a controlled substance crime in the
fifth degree and upon conviction may be sentenced as provided in subdivision 4 if deleted text begin :
deleted text end

deleted text begin (1) the person unlawfully sells one or more mixtures containing marijuana or
tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
deleted text end

deleted text begin (2) deleted text end the person unlawfully sells one or more mixtures containing a controlled substance
classified in Schedule IV.

Sec. 2.

Minnesota Statutes 2018, section 152.025, subdivision 2, is amended to read:

Subd. 2.

Possession and other crimes.

A person is guilty of controlled substance crime
in the fifth degree and upon conviction may be sentenced as provided in subdivision 4 if:

(1) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in Schedule I, II, III, or IV, except deleted text begin a small deleted text end new text begin any new text end amount of marijuana;
or

(2) the person procures, attempts to procure, possesses, or has control over a controlled
substance by any of the following means:

(i) fraud, deceit, misrepresentation, or subterfuge;

(ii) using a false name or giving false credit; or

(iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer,
wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance.

Sec. 3.

new text begin [152.0251] CONTROLLED SUBSTANCE CRIME; MARIJUANA.
new text end

new text begin Subdivision 1. new text end

new text begin Sale crimes. new text end

new text begin Except as provided in section 152.027, subdivision 4, a
person is guilty of a controlled substance crime if on one or more occasions within a 90-day
period the person unlawfully sells:
new text end

new text begin (1) one or more mixtures of a total weight of more than 42.5 grams containing marijuana;
new text end

new text begin (2) one or more mixtures of a total weight of more than ten grams but not more than
42.5 grams containing marijuana;
new text end

new text begin (3) one or more mixtures of a total weight of more than five grams but not more than
ten grams containing marijuana; or
new text end

new text begin (4) one or more mixtures of a total weight of five grams or less containing marijuana.
new text end

new text begin Subd. 2. new text end

new text begin Possession crimes. new text end

new text begin (a) A person is guilty of a controlled substance crime if the
person unlawfully possesses:
new text end

new text begin (1) one or more mixtures of a total weight of 250 grams or more containing marijuana;
new text end

new text begin (2) one or more mixtures of a total weight of more than 100 grams but not more than
250 grams containing marijuana;
new text end

new text begin (3) one or more mixtures of a total weight of more than 42.5 grams but not more than
100 grams containing marijuana; or
new text end

new text begin (4) one or more mixtures of a total weight of 42.5 grams or less.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin (a) A person is guilty of a felony if convicted under subdivision 1,
clause (1), or subdivision 2, clause (1).
new text end

new text begin (b) A person is guilty of a gross misdemeanor if convicted under subdivision 1, clause
(2), or subdivision 2, clause (2).
new text end

new text begin (c) A person is guilty of a misdemeanor if convicted under subdivision 1, clause (3), or
subdivision 2, clause (3).
new text end

new text begin (d) A person is guilty of a petty misdemeanor if convicted under subdivision 1, clause
(4), or subdivision 2, clause (4).
new text end