Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 330-H.F.No. 391 
           An act relating to crimes; increasing penalties for 
          distributing controlled substances to a minor or 
          employing a minor to distribute controlled substances; 
          defining measurement and purity requirements of 
          controlled substances for criminal and tax law 
          purposes; amending Minnesota Statutes 1986, sections 
          152.15, subdivision 1; 297D.01, subdivision 3; and 
          297D.07; repealing Minnesota Statutes 1986, section 
          152.15, subdivision 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 152.15, 
subdivision 1, is amended to read:  
    Subdivision 1.  Any person who violates section 152.09, 
subdivision 1, clause (1) with respect to: 
    (1) Seven or more grams or ten or more dosage units, when 
the substance is not sold by weight, of Any controlled substance 
classified in schedule I or II which is a narcotic drug, or of 
phencyclidine or any hallucinogen listed in section 152.02, 
subdivision 2, clause (3), or Minnesota Rules, part 6800.4210, 
item C, except marijuana or tetrahydrocannabinols, is guilty of 
a crime and upon conviction may be imprisoned for not more than 
20 years or fined not more than $60,000, or both for a first 
violation, and for a second or subsequent violation, upon 
conviction, shall be imprisoned for not less than two years nor 
more than 30 years or fined not more than $100,000, or both if: 
    (i) the mixture contains three grams or more of cocaine 
base; 
    (ii) the offender sells or distributes a total of ten grams 
or more of the controlled substance, regardless of purity, on 
one or more occasions within a 90-day period; 
    (iii) the controlled substance is phencyclidine or any 
hallucinogen listed in section 152.02, subdivision 2, clause 
(3), or Minnesota Rules, part 6800.4210, item C, except 
marijuana or tetrahydrocannabinols, is packaged in dosage units, 
and equals ten or more dosage units; 
    (iv) the controlled substance is a schedule I or II 
narcotic drug, is packaged in dosage units, and equals 50 or 
more dosage units; 
    (v) the offender sells or distributes any quantity of the 
controlled substance to a person under the age of 18; or 
    (vi) the offender conspires with or employs a person under 
the age of 18 to sell or distribute any quantity of the 
controlled substance; 
    (2) Any other amount of any 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 15 
years or fined not more than $40,000, or both for a first 
violation, and for a second or subsequent violation, upon 
conviction, shall be imprisoned for not less than one year nor 
more than 30 years or fined not more than $50,000, or both; 
    (3) Any other controlled substance classified in schedule 
I, II, or III, is guilty of a crime and upon conviction may be 
imprisoned for not more than five years, fined not more than 
$30,000, or both for a first violation, and for a second or 
subsequent violation, upon conviction, shall be imprisoned for 
not less than one year nor more than ten years or fined not more 
than $45,000, or both sentenced as follows: 
    (i) if the offender sells or distributes the controlled 
substance to a person under the age of 18, or conspires with or 
employs a person under the age of 18 to sell or distribute the 
controlled substance, to imprisonment for not more than ten 
years or to payment of a fine of not more than $30,000, or both; 
or 
    (ii) in all other cases, to imprisonment for not more than 
five years or to payment of a fine of not more than $30,000, or 
both. 
    A person convicted under this clause a second or subsequent 
time shall be sentenced to imprisonment for not less than one 
year nor more than ten years or to payment of a fine of not more 
than $45,000, or both; 
    (4) 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 $20,000, or both for a first 
violation, and for a second or subsequent violation, upon 
conviction, shall be imprisoned for not less than six months nor 
more than six years or fined not more than $35,000, or 
both sentenced as follows: 
    (i) if the offender sells or distributes the controlled 
substance to a person under the age of 18, or conspires with or 
employs a person under the age of 18 to sell or distribute the 
controlled substance, to imprisonment for not more than six 
years or to payment of a fine of not more than $20,000, or both; 
or 
    (ii) in all other cases, to imprisonment for not more than 
three years or to payment of a fine of not more than $20,000, or 
both.  
    A person convicted under this clause a second or subsequent 
time shall be sentenced to imprisonment for not less than six 
months nor more than six years or to payment of a fine of not 
more than $35,000, or both;  
    (5) 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 sentenced as 
follows: 
     (i) if the offender sells or distributes the controlled 
substance to a person under the age of 18, or conspires with or 
employs a person under the age of 18 to sell or distribute the 
controlled substance, to imprisonment for not more than two 
years or to payment of a fine of not more than $3,000 or both; 
or 
     (ii) in all other cases, to imprisonment for not more than 
one year or to payment of a fine of not more than $3,000, or 
both; 
    (6) The distribution of a small amount of marijuana for no 
remuneration, shall be treated as provided in subdivision 2, 
clause (5). 
    Sec. 2.  Minnesota Statutes 1986, section 297D.01, 
subdivision 3, is amended to read:  
    Subd. 3.  "Dealer" means a person who in violation of 
Minnesota law manufactures, produces, ships, transports, or 
imports into Minnesota or in any manner acquires or possesses 
more than 42-1/2 grams of marijuana, or seven or more grams of 
any controlled substance, or ten or more dosage units of any 
controlled substance which is not sold by weight.  A quantity of 
marijuana or other controlled substance is measured by the 
weight of the substance whether pure or impure or dilute, or by 
dosage units when the substance is not sold by weight, in the 
dealer's possession.  A quantity of a controlled substance is 
dilute if it consists of a detectable quantity of pure 
controlled substance and any excipients or fillers. 
    Sec. 3.  Minnesota Statutes 1986, section 297D.07, is 
amended to read:  
    297D.07 [MEASUREMENT.] 
    For the purpose of calculating the tax under section 
297D.08, an ounce a quantity of marijuana or other controlled 
substance is measured by the weight of the substance whether 
pure or impure or dilute, or by dosage units when the substance 
is not sold by weight, in the dealer's possession.  A quantity 
of a controlled substance is dilute if it consists of a 
detectable quantity of pure controlled substance and any 
excipients or fillers. 
    Sec. 4.  [REPEALER.] 
    Minnesota Statutes 1986, section 152.15, subdivision 4, is 
repealed. 
    Sec. 5.  [EFFECTIVE DATE.] 
    Sections 1 to 4 are effective August 1, 1987, and apply to 
crimes committed on or after that date. 
    Approved May 29, 1987