A bill for an act
relating to public safety; modifying definition of small amount of marijuana;
modifying possession of small amounts of marijuana law; prohibiting weight of
fluids used in water pipes from being used to determine weight of marijuana
mixtures; authorizing expungement of records in certain instances; ending driver's
license revocations for persons who commit low-level marijuana offenses;
amending Minnesota Statutes 2020, sections 152.01, subdivisions 9a, 16, 18, by
adding subdivisions; 152.021, subdivision 2; 152.022, subdivision 2; 152.023,
subdivision 2; 152.025, subdivision 4; 152.027, subdivision 4; 152.0271; 152.096,
subdivision 1; 152.18, subdivision 3; 260B.198, subdivision 1; 609.165,
subdivisions 1a, 1b.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2020, section 152.01, subdivision 9a, is amended to read:
"Mixture" means a preparation, compound, mixture, or substance
containing a controlled substance, regardless of purity except as provided in deleted text beginsubdivision
16;deleted text end sections 152.021, subdivision 2, paragraph (b); 152.022, subdivision 2, paragraph (b);
and 152.023, subdivision 2, paragraph (b).
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2020, section 152.01, is amended by adding a subdivision to
read:
new text begin
"Marijuana flower" means the flower, leaves, stems, seeds,
or plant form of marijuana.
new text end
Minnesota Statutes 2020, section 152.01, is amended by adding a subdivision to
read:
new text begin
"Nonflower marijuana" means the resinous form of
marijuana.
new text end
Minnesota Statutes 2020, section 152.01, subdivision 16, is amended to read:
"Small amount" as applied to marijuana meansnew text begin: (1)new text end 42.5 grams
or lessdeleted text begin. This provision shall not apply to the resinous form of marijuanadeleted text endnew text begin of marijuana flowers;
or (2) eight grams or less of any nonflower marijuana mixture. Nonflower marijuana mixtures
weighing eight grams or less may not be considered in determining the 42.5 gram limit in
clause (1)new text end. The weight of fluid used in a water pipe may not be considered in determining
a small amount deleted text beginexcept in cases where the marijuana is mixed with four or more fluid ounces
of fluiddeleted text end.
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2020, section 152.01, subdivision 18, is amended to read:
(a) Except as otherwise provided in paragraph (b), "drug
paraphernalia" means all equipment, products, and materials of any kind, except those items
used in conjunction with permitted uses of controlled substancesnew text begin, including but not limited
to the permitted uses of marijuana,new text end under this chapter or the Uniform Controlled Substances
Act, which are knowingly or intentionally used primarily in (1) manufacturing a controlled
substance, (2) injecting, ingesting, inhaling, or otherwise introducing into the human body
a controlled substance, (3) testing the strength, effectiveness, or purity of a controlled
substance, or (4) enhancing the effect of a controlled substance.
(b) "Drug paraphernalia" does not include the possession, manufacture, delivery, or sale
of hypodermic needles or syringes in accordance with section 151.40, subdivision 2.
Minnesota Statutes 2020, section 152.021, subdivision 2, is amended to read:
(a) 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 50 grams
or more containing cocaine or methamphetamine;
(2) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or more containing cocaine or methamphetamine and:
(i) the person or an accomplice possesses on their person or within immediate reach, or
uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
firearm; or
(ii) the offense involves two aggravating factors;
(3) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or more containing heroin;
(4) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
(5) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
substance is packaged in dosage units, equaling 500 or more dosage units; or
(6) the person unlawfully possesses one or more mixtures of a total weight of 50
kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 500 or
more marijuana plants.
(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a new text beginmarijuana new text endmixturenew text begin. For other mixtures, the
weight of fluid may not be considerednew text end except in cases where the mixture contains four or
more fluid ounces of fluid.
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2020, section 152.022, subdivision 2, is amended to read:
(a) 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 25 grams
or more containing cocaine or methamphetamine;
(2) the person unlawfully possesses one or more mixtures of a total weight of ten grams
or more containing cocaine or methamphetamine and:
(i) the person or an accomplice possesses on their person or within immediate reach, or
uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
firearm; or
(ii) the offense involves three aggravating factors;
(3) the person unlawfully possesses one or more mixtures of a total weight of six grams
or more containing heroin;
(4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
(5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
substance is packaged in dosage units, equaling 100 or more dosage units; or
(6) the person unlawfully possesses one or more mixtures of a total weight of 25
kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 100 or
more marijuana plants.
(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a new text beginmarijuana new text endmixturenew text begin. For other mixtures, the
weight of fluid may not be considerednew text end except in cases where the mixture contains four or
more fluid ounces of fluid.
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2020, section 152.023, subdivision 2, is amended to read:
(a) A person is guilty of controlled substance crime in the
third degree if:
(1) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten grams or more containing a narcotic drug other
than heroin;
(2) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of three grams or more containing heroin;
(3) on one or more occasions within a 90-day period 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;
(4) on one or more occasions within a 90-day period the person unlawfully possesses
any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid
diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone,
or a drug treatment facility;
(5) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten kilograms or more containing marijuana or
Tetrahydrocannabinols; or
(6) the person unlawfully possesses one or more mixtures containing methamphetamine
or amphetamine in a school zone, a park zone, a