Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                         CHAPTER 359-S.F.No. 11 
           An act relating to crimes; controlled substances; 
          increasing penalties for sale or possession of powder 
          cocaine to be identical to the penalties for sale or 
          possession of cocaine base; amending the definition of 
          sale to include possession with intent to sell; 
          amending Minnesota Statutes 1990, sections 152.01, 
          subdivision 15a, and by adding a subdivision; 152.021, 
          subdivision 2; 152.022, subdivision 2; 152.025, 
          subdivision 2; Minnesota Statutes 1991 Supplement, 
          sections 152.01, subdivision 20; 152.021, subdivision 
          1; 152.022, subdivision 1; and 152.023, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1990, section 152.01, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [COCAINE.] "Cocaine" means coca leaves and any 
salt, compound, derivative, or preparation of coca leaves, 
including cocaine and ecgonine, the salts and isomers of cocaine 
and ecgonine, and the salts of their isomers and any salt, 
compound, derivative, or preparation thereof that is chemically 
equivalent or identical with any of those substances, except 
decocainized coca leaves or extraction of coca leaves, which 
extractions do not contain cocaine or ecgonine.  
    Sec. 2.  Minnesota Statutes 1990, section 152.01, 
subdivision 15a, is amended to read: 
    Subd. 15a.  [SELL.] "Sell" means: 
    (1) to sell, give away, barter, deliver, exchange, 
distribute or dispose of to another, or to manufacture; or 
    (2) to offer or agree to do the same; or to manufacture 
perform an act listed in clause (1); or 
    (3) to possess with intent to perform an act listed in 
clause (1). 
    Sec. 3.  Minnesota Statutes 1991 Supplement, section 
152.01, subdivision 20, is amended to read: 
    Subd. 20.  [UNLAWFULLY.] "Unlawfully" means selling, or 
possessing, or possessing with intent to sell a controlled 
substance in a manner not authorized by law. 
    Sec. 4.  Minnesota Statutes 1991 Supplement, section 
152.021, subdivision 1, is amended to read: 
    Subdivision 1.  [SALE CRIMES.] A person is guilty of 
controlled substance crime in the first degree if: 
    (1) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of ten grams or more containing cocaine base; 
    (2) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of 50 grams or more containing a narcotic drug other than 
cocaine; 
    (3) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of 50 grams or more containing methamphetamine, amphetamine, 
phencyclidine, or hallucinogen or, if the controlled substance 
is packaged in dosage units, equaling 200 or more dosage units; 
or 
    (4) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of 50 kilograms or more containing marijuana or 
Tetrahydrocannabinols, or one or more mixtures of a total weight 
of 25 kilograms or more containing marijuana or 
Tetrahydrocannabinols in a school zone, a park zone, or a public 
housing zone. 
    Sec. 5.  Minnesota Statutes 1990, section 152.021, 
subdivision 2, is amended to read: 
    Subd. 2.  [POSSESSION CRIMES.] A person is guilty of a 
controlled substance crime in the first degree if: 
    (1) the person unlawfully possesses one or more mixtures of 
a total weight of 25 grams or more containing cocaine base; 
    (2) the person unlawfully possesses one or more mixtures of 
a total weight of 500 grams or more containing a narcotic 
drug other than cocaine; 
    (3) the person unlawfully possesses one or more mixtures of 
a total weight of 500 grams or more containing methamphetamine, 
amphetamine, phencyclidine, or hallucinogen or, if the 
controlled substance is packaged in dosage units, equaling 500 
or more dosage units; or 
    (4) the person unlawfully possesses one or more mixtures of 
a total weight of 100 kilograms or more containing marijuana or 
Tetrahydrocannabinols. 
    Sec. 6.  Minnesota Statutes 1991 Supplement, section 
152.022, subdivision 1, is amended to read: 
    Subdivision 1.  [SALE CRIMES.] A person is guilty of 
controlled substance crime in the second degree if: 
    (1) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of three grams or more containing cocaine base; 
    (2) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of ten grams or more containing a narcotic drug other than 
cocaine; 
    (3) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of ten grams or more containing methamphetamine, amphetamine, 
phencyclidine, or hallucinogen or, if the controlled substance 
is packaged in dosage units, equaling 50 or more dosage units; 
    (4) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of 25 kilograms or more containing marijuana or 
Tetrahydrocannabinols; 
    (5) the person unlawfully sells any amount of a schedule I 
or II narcotic drug to a person under the age of 18, or 
conspires with or employs a person under the age of 18 to 
unlawfully sell the substance; or 
    (6) the person unlawfully sells any of the following in a 
school zone, a park zone, or a public housing zone: 
    (i) any amount of a schedule I or II narcotic drug; 
    (ii) one or more mixtures containing methamphetamine or 
amphetamine; or 
    (iii) one or more mixtures of a total weight of five 
kilograms or more containing marijuana or Tetrahydrocannabinols. 
    Sec. 7.  Minnesota Statutes 1990, section 152.022, 
subdivision 2, is amended to read: 
    Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
controlled substance crime in the second degree if: 
    (1) the person unlawfully possesses one or more mixtures of 
a total weight of six grams or more containing cocaine base; 
    (2) the person unlawfully possesses one or more mixtures of 
a total weight of 50 grams or more containing a narcotic 
drug other than cocaine; 
    (3) the person unlawfully possesses one or more mixtures of 
a total weight of 50 grams or more containing methamphetamine, 
amphetamine, phencyclidine, or hallucinogen or, if the 
controlled substance is packaged in dosage units, equaling 100 
or more dosage units; or 
    (4) the person unlawfully possesses one or more mixtures of 
a total weight of 50 kilograms or more containing marijuana or 
Tetrahydrocannabinols. 
    Sec. 8.  Minnesota Statutes 1991 Supplement, section 
152.023, subdivision 2, is amended to read: 
    Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
controlled substance crime in the third degree if: 
    (1) the person unlawfully possesses one or more mixtures of 
a total weight of three grams or more containing cocaine base; 
    (2) the person unlawfully possesses one or more mixtures of 
a total weight of ten grams or more containing a narcotic 
drug other than cocaine; 
    (3) the person unlawfully possesses one or more mixtures 
containing a narcotic drug with the intent to sell it; 
    (4) the person unlawfully possesses one or more mixtures 
containing a narcotic drug, it is packaged in dosage units, and 
equals 50 or more dosage units; 
    (5) (4) the person unlawfully possesses any amount of a 
schedule I or II narcotic drug in a school zone, a park zone, or 
a public housing zone; 
    (6) (5) the person unlawfully possesses one or more 
mixtures of a total weight of ten kilograms or more containing 
marijuana or Tetrahydrocannabinols; or 
    (7) (6) the person unlawfully possesses one or more 
mixtures containing methamphetamine or amphetamine in a school 
zone, a park zone, or a public housing zone. 
    Sec. 9.  Minnesota Statutes 1990, section 152.025, 
subdivision 2, is amended to read: 
    Subd. 2.  [POSSESSION AND OTHER CRIMES.] A person is guilty 
of controlled substance crime in the fifth degree if: 
    (1) the person unlawfully possesses one or more mixtures 
containing a controlled substance classified in schedule I, II, 
III, or IV, except a small amount of marijuana; or 
    (2) the person unlawfully possesses one or more mixtures 
containing marijuana or Tetrahydrocannabinols with the intent to 
sell it, except a small amount of marijuana for no remuneration; 
or 
    (3) 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 osteopathy licensed to practice 
medicine, dentist, podiatrist, veterinarian, or other authorized 
person for the purpose of obtaining a controlled substance. 
    Sec. 10.  [EFFECTIVE DATE.] 
    Sections 1 to 9 are effective the day following final 
enactment and apply to crimes committed on or after that date. 
    Presented to the governor January 16, 1992 
    Signed by the governor January 17, 1992, 1:51 p.m.