SF 3368

as introduced - 81st Legislature (1999 - 2000) 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 1998, 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 1998, 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 a petty misdemeanor 
  1.13  punishable by a fine of up to $200 and participation and 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 or possession 
  1.20  under paragraph (a) who is subsequently convicted of an unlawful 
  1.21  sale or possession under paragraph (a) within two years is 
  1.22  guilty of a gross misdemeanor and shall be required to 
  1.23  participate in a chemical dependency evaluation and treatment if 
  1.24  so indicated by the evaluation. 
  1.25     (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.  [EFFECTIVE DATE.] 
  2.6      Section 1 is effective August 1, 1999, and applies to 
  2.7   crimes committed on or after that date.