1.1 	A bill for an act
1.2 	relating to crime; adjusting thresholds for certain marijuana offenses; providing 
1.3 	for penalties;amending Minnesota Statutes 2018, section 152.025, subdivisions 
1.4 	1, 2; proposing coding for new law in Minnesota Statutes, chapter 152.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2018, section 152.025, subdivision 1, is amended to read:
1.7 		Subdivision 1.Sale crimes.  A person is guilty of a controlled substance crime in the 
1.8 	fifth degree and upon conviction may be sentenced as provided in subdivision 4 if:
1.9 	(1) the person unlawfully sells one or more mixtures containing marijuana or 
1.10 	tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
1.11 	(2) the person unlawfully sells one or more mixtures containing a controlled substance 
1.12 	classified in Schedule IV.

1.13 	Sec. 2. Minnesota Statutes 2018, section 152.025, subdivision 2, is amended to read:
1.14 		Subd. 2.Possession and other crimes.  A person is guilty of controlled substance crime 
1.15 	in the fifth degree and upon conviction may be sentenced as provided in subdivision 4 if:
1.16 	(1) the person unlawfully possesses one or more mixtures containing a controlled 
1.17 	substance classified in Schedule I, II, III, or IV, except a small any amount of marijuana; 
1.18 	or
1.19 	(2) the person procures, attempts to procure, possesses, or has control over a controlled 
1.20 	substance by any of the following means:
1.21 	(i) fraud, deceit, misrepresentation, or subterfuge;
2.1 	(ii) using a false name or giving false credit; or
2.2 	(iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer, 
2.3 	wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice 
2.4 	medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of 
2.5 	obtaining a controlled substance.

2.6 	Sec. 3. [152.0251] CONTROLLED SUBSTANCE CRIME; MARIJUANA.
2.7 		Subdivision 1.Sale crimes. Except as provided in section 152.027, subdivision 4, a 
2.8 	person is guilty of a controlled substance crime if on one or more occasions within a 90-day 
2.9 	period the person unlawfully sells:
2.10 	(1) one or more mixtures of a total weight of more than 42.5 grams containing marijuana;
2.11 	(2) one or more mixtures of a total weight of more than ten grams but not more than 
2.12 	42.5 grams containing marijuana;
2.13 	(3) one or more mixtures of a total weight of more than five grams but not more than 
2.14 	ten grams containing marijuana; or
2.15 	(4) one or more mixtures of a total weight of five grams or less containing marijuana.
2.16 		Subd. 2.Possession crimes. (a) A person is guilty of a controlled substance crime if the 
2.17 	person unlawfully possesses:
2.18 	(1) one or more mixtures of a total weight of 250 grams or more containing marijuana;
2.19 	(2) one or more mixtures of a total weight of more than 100 grams but not more than 
2.20 	250 grams containing marijuana;
2.21 	(3) one or more mixtures of a total weight of more than 42.5 grams but not more than 
2.22 	100 grams containing marijuana; or
2.23 	(4) one or more mixtures of a total weight of 42.5 grams or less.
2.24 		Subd. 3.Penalty. (a) A person is guilty of a felony if convicted under subdivision 1, 
2.25 	clause (1), or subdivision 2, clause (1).
2.26 	(b) A person is guilty of a gross misdemeanor if convicted under subdivision 1, clause 
2.27 	(2), or subdivision 2, clause (2).
2.28 	(c) A person is guilty of a misdemeanor if convicted under subdivision 1, clause (3), or 
2.29 	subdivision 2, clause (3).
3.1 	(d) A person is guilty of a petty misdemeanor if convicted under subdivision 1, clause 
3.2 	(4), or subdivision 2, clause (4).