Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 78-H.F.No. 1034 
           An act relating to crimes; repealing the requirement 
          that the department of public safety must keep a 
          record of all first convictions for the crime of 
          possessing a small amount of marijuana; amending 
          Minnesota Statutes 1986, section 152.15, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  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 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 11, 1987