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:
Minnesota Statutes 2018, section 152.025, subdivision 1, is amended to read:
A person is guilty of a controlled substance crime in the
fifth degree and upon conviction may be sentenced as provided in subdivision 4 ifdeleted text begin :
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(1) the person unlawfully sells one or more mixtures containing marijuana or
tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
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deleted text begin (2)deleted text end the person unlawfully sells one or more mixtures containing a controlled substance
classified in Schedule IV.
Minnesota Statutes 2018, section 152.025, subdivision 2, is amended to read:
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 smalldeleted text end new text begin anynew 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.
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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:
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(1) one or more mixtures of a total weight of more than 42.5 grams containing marijuana;
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(2) one or more mixtures of a total weight of more than ten grams but not more than
42.5 grams containing marijuana;
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(3) one or more mixtures of a total weight of more than five grams but not more than
ten grams containing marijuana; or
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(4) one or more mixtures of a total weight of five grams or less containing marijuana.
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(a) A person is guilty of a controlled substance crime if the
person unlawfully possesses:
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(1) one or more mixtures of a total weight of 250 grams or more containing marijuana;
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(2) one or more mixtures of a total weight of more than 100 grams but not more than
250 grams containing marijuana;
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(3) one or more mixtures of a total weight of more than 42.5 grams but not more than
100 grams containing marijuana; or
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(4) one or more mixtures of a total weight of 42.5 grams or less.
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(a) A person is guilty of a felony if convicted under subdivision 1,
clause (1), or subdivision 2, clause (1).
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(b) A person is guilty of a gross misdemeanor if convicted under subdivision 1, clause
(2), or subdivision 2, clause (2).
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(c) A person is guilty of a misdemeanor if convicted under subdivision 1, clause (3), or
subdivision 2, clause (3).
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(d) A person is guilty of a petty misdemeanor if convicted under subdivision 1, clause
(4), or subdivision 2, clause (4).
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