Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 298-S.F.No. 456 
           An act relating to controlled substances; defining 
          "small amount" of marijuana when measured under the 
          metric system; clarifying certain Schedule II 
          controlled substances; defining amount of marijuana 
          for possession in a motor vehicle when measured under 
          the metric system; amending Minnesota Statutes 1986, 
          sections 152.01, subdivision 16;  152.02, subdivision 
          3; and 152.15, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 152.01, 
subdivision 16, is amended to read: 
    Subd. 16.  [SMALL AMOUNT.] "Small amount" as applied to 
marijuana means 1.5 ounces avoirdupois 42.5 grams or less.  This 
provision shall not apply to the resinous form of marijuana. 
    Sec. 2.  Minnesota Statutes 1986, section 152.02, 
subdivision 3, is amended to read: 
    Subd. 3.  The following items are listed in Schedule II:  
    (1) Unless specifically excepted or unless listed in 
another schedule, any of the following substances whether 
produced directly or indirectly by extraction from substances of 
vegetable origin or independently by means of chemical 
synthesis, or by a combination of extraction and chemical 
synthesis:  
    (a) Opium and opiate, and any salt, compound, derivative, 
or preparation of opium or opiate, including the following:  raw 
opium, opium extracts, opium fluidextracts, powdered opium, 
granulated opium, tincture of opium, apomorphine, codeine, 
ethylmorphine, hydrocodone, hydromorphone, metopon, morphine, 
oxycodone, oxymorphone, thebaine.  
    (b) Any salt, compound, derivative, or preparation thereof 
which is chemically equivalent or identical with any of the 
substances referred to in clause (a), except that these 
substances shall not include the isoquinoline alkaloids of opium.
    (c) Opium poppy and poppy straw.  
    (d) Coca leaves and any salt, compound, derivative, or 
preparation of coca leaves, and including cocaine and ecgonine, 
the salts and isomers of cocaine and ecgonine, and the salts of 
their isomers. 
     (e) Any salt, compound, derivative, or preparation thereof 
which is chemically equivalent or identical with any of these 
the substances referred to in clause (d), except that the 
substances shall not include decocainized coca leaves or 
extraction of coca leaves, which extractions do not contain 
cocaine or ecgonine.  
             (2) Any of the following opiates, including their isomers, 
esters, ethers, salts, and salts of isomers, esters and ethers, 
unless specifically excepted, or unless listed in another 
schedule, whenever the existence of such isomers, esters, ethers 
and salts is possible within the specific chemical designation:  
Alphaprodine; Anileridine; Bezitramide; Dihydrocodeine; 
Dihydromorphinone; Diphenoxylate; Fentanyl; Isomethadone; 
Levomethorphan; Levorphanol; Metazocine; Methadone; Methadone - 
Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane; 
Moramide - Intermediate, 2-methyl-3-morpholino-1, 
1-diphenyl-propane-carboxylic acid; Pethidine; Pethidine - 
Intermediate - A, 4-cyano-1-methyl-4-phenylpiperidine; Pethidine 
- Intermediate - B, ethyl-4-phenylpiperidine-4-carboxylate; 
Pethidine - Intermediate - C, 
1-methyl-4-phenylpiperidine-4-carboxylic acid; Phenazocine; 
Piminodine; Racemethorphan; Racemorphan. 
             (3) Unless specifically excepted or unless listed in 
another schedule, any material, compound, mixture, or 
preparation which contains any quantity of the following 
substances having a stimulant effect on the central nervous 
system:  
             (a) Amphetamine, its salts, optical isomers, and salts of 
its optical isomers;  
             (b) Methamphetamine, its salts, isomers, and salts of its 
isomers;  
             (c) Phenmetrazine and its salts;  
             (d) Methylphenidate.  
             (4) Unless specifically excepted or unless listed in 
another schedule, any material, compound, mixture, or 
preparation which contains any quantity of the following 
substances having a depressant effect on the central nervous 
system, including its salts, isomers, and salts of isomers 
whenever the existence of such salts, isomers, and salts of 
isomers is possible within the specific chemical designation:  
             (a) Methaqualone 
             (b) Amobarbital 
             (c) Secobarbital 
             (d) Pentobarbital 
             (e) Phencyclidine 
             (f) Phencyclidine immediate precursors:  
             (i) 1-phenylcyclohexylamine 
             (ii) 1-piperidinocyclohexanecarbonitrile. 
     Sec. 3.  Minnesota Statutes 1986, section 152.15, 
subdivision 2, is amended to read:  
    Subd. 2.  Any person who violates section 152.09, 
subdivision 1, clause (2), with respect to: 
    (1) A controlled substance classified in schedule I or II 
which is a narcotic drug, is guilty of a crime and upon 
conviction may be imprisoned for not more than five years or 
fined not more than $10,000, or both; 
    (2) Any other controlled substance classified in schedule 
I, II, or III, except small amounts of marijuana, is guilty of a 
crime and upon conviction may be imprisoned for not more than 
three years, fined not more than $5,000, or both; 
    (3) A substance classified in schedule IV, is guilty of a 
crime and upon conviction may be imprisoned for not more than 
three years, fined not more than $5,000, or both; 
    (4) A substance classified in schedule V, is guilty of a 
crime and upon conviction may be imprisoned for not more than 
one year, fined not more than $3,000, or both; provided, 
however, that any person convicted under this section of 
possessing a substance classified under Schedule V, and placed 
on probation may be required to take part in a drug education 
program as specified by the court; 
    (5) A small amount of marijuana is guilty of a petty 
misdemeanor punishable by a fine of up to $100 and participation 
in a drug education program unless the court enters a written 
finding that such a program is inappropriate, said program being 
approved by an area mental health board with a curriculum 
approved by the state alcohol and drug abuse authority.  A 
subsequent violation of this clause within two years is a 
misdemeanor, and a person so convicted shall be required to 
participate in a chemical dependency evaluation and treatment if 
so indicated by the evaluation.  Upon a first conviction under 
this section the courts shall forward a report of said 
conviction to the department of public safety which shall make 
and maintain a private, nonpublic, record for a period not to 
exceed two years from the date of conviction.  The private, 
nonpublic record shall be solely for use by the courts in 
determining the penalties which attach upon conviction under 
this section. 
    Additionally a person who is the owner of a private motor 
vehicle, or the driver of the motor vehicle if the owner is not 
present, and who possesses on the person or knowingly keeps or 
allows to be kept in a motor vehicle within the area of the 
vehicle normally occupied by the driver or passengers more 
than .05 ounce 1.4 grams of marijuana is guilty of a 
misdemeanor.  This area of the vehicle shall not include the 
trunk of the motor vehicle when such vehicle is equipped with a 
trunk or another area of the vehicle not normally occupied by 
the driver or passengers if the vehicle is not equipped with a 
trunk.  A utility or glove compartment shall be deemed to be 
within the area occupied by the driver and passengers.  
    (6) In any case in which a defendant is convicted of a 
petty misdemeanor under the provisions of clause (5) and 
willfully and intentionally fails to comply with the sentence 
imposed, said defendant shall be guilty of a misdemeanor. 
    (7) Compliance with the terms of any sentence imposed for 
violation of clause (5) before conviction under clause (6) shall 
be an absolute defense. 
    Approved May 28, 1987