Bill Text: MN HF479 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Water pipe fluid weight when determining weight or amount of controlled substance use established.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-05-11 - Referred to Judiciary and Public Safety [HF479 Detail]
Download: Minnesota-2011-HF479-Introduced.html
1.2relating to public safety; establishing use of weight of fluid used in a water
1.3pipe when determining weight or amount of controlled substance;amending
1.4Minnesota Statutes 2010, sections 152.01, subdivisions 9a, 16; 152.021,
1.5subdivision 2; 152.022, subdivision 2; 152.023, subdivision 2.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 152.01, subdivision 9a, is amended to read:
1.8 Subd. 9a. Mixture. "Mixture" means a preparation, compound, mixture, or
1.9substance containing a controlled substance, regardless of purity except as provided in
1.10subdivision 16; sections 152.021, subdivision 2, paragraph (b); 152.022, subdivision 2,
1.11paragraph (b); and 152.023, subdivision 2, paragraph (b).
1.12EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
1.13offenses committed on or after that date.
1.14 Sec. 2. Minnesota Statutes 2010, section 152.01, subdivision 16, is amended to read:
1.15 Subd. 16. Small amount. "Small amount" as applied to marijuana means 42.5
1.16grams or less. This provision shall not apply to the resinous form of marijuana. The
1.17weight of fluid used in a water pipe may not be considered in determining a small amount
1.18except in cases where the marijuana is mixed with four or more fluid ounces of fluid.
1.19EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
1.20offenses committed on or after that date.
1.21 Sec. 3. Minnesota Statutes 2010, section 152.021, subdivision 2, is amended to read:
2.1 Subd. 2. Possession crimes. (a) A person is guilty of a controlled substance crime
2.2in the first degree if:
2.3(1) the person unlawfully possesses one or more mixtures of a total weight of 25
2.4grams or more containing cocaine, heroin, or methamphetamine;
2.5(2) the person unlawfully possesses one or more mixtures of a total weight of 500
2.6grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
2.7(3) the person unlawfully possesses one or more mixtures of a total weight of
2.8500 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
2.9controlled substance is packaged in dosage units, equaling 500 or more dosage units; or
2.10(4) the person unlawfully possesses one or more mixtures of a total weight of 100
2.11kilograms or more containing marijuana or Tetrahydrocannabinols.
2.12(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
2.13not be considered in measuring the weight of a mixture except in cases where the mixture
2.14contains four or more fluid ounces of fluid.
2.15EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
2.16offenses committed on or after that date.
2.17 Sec. 4. Minnesota Statutes 2010, section 152.022, subdivision 2, is amended to read:
2.18 Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime
2.19in the second degree if:
2.20(1) the person unlawfully possesses one or more mixtures of a total weight of six
2.21grams or more containing cocaine, heroin, or methamphetamine;
2.22(2) the person unlawfully possesses one or more mixtures of a total weight of 50
2.23grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
2.24(3) the person unlawfully possesses one or more mixtures of a total weight of
2.2550 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
2.26controlled substance is packaged in dosage units, equaling 100 or more dosage units; or
2.27(4) the person unlawfully possesses one or more mixtures of a total weight of 50
2.28kilograms or more containing marijuana or Tetrahydrocannabinols.
2.29(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
2.30not be considered in measuring the weight of a mixture except in cases where the mixture
2.31contains four or more fluid ounces of fluid.
2.32EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
2.33offenses committed on or after that date.
3.1 Sec. 5. Minnesota Statutes 2010, section 152.023, subdivision 2, is amended to read:
3.2 Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime in
3.3the third degree if:
3.4(1) on one or more occasions within a 90-day period the person unlawfully possesses
3.5one or more mixtures of a total weight of three grams or more containing cocaine, heroin,
3.6or methamphetamine;
3.7(2) on one or more occasions within a 90-day period the person unlawfully possesses
3.8one or more mixtures of a total weight of ten grams or more containing a narcotic drug
3.9other than cocaine, heroin, or methamphetamine;
3.10(3) on one or more occasions within a 90-day period the person unlawfully possesses
3.11one or more mixtures containing a narcotic drug, it is packaged in dosage units, and
3.12equals 50 or more dosage units;
3.13(4) on one or more occasions within a 90-day period the person unlawfully
3.14possesses any amount of a schedule I or II narcotic drug or five or more dosage
3.15units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
3.163,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing
3.17zone, or a drug treatment facility;
3.18(5) on one or more occasions within a 90-day period the person unlawfully possesses
3.19one or more mixtures of a total weight of ten kilograms or more containing marijuana or
3.20Tetrahydrocannabinols; or
3.21(6) the person unlawfully possesses one or more mixtures containing
3.22methamphetamine or amphetamine in a school zone, a park zone, a public housing zone,
3.23or a drug treatment facility.
3.24(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
3.25not be considered in measuring the weight of a mixture except in cases where the mixture
3.26contains four or more fluid ounces of fluid.
3.27EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
3.28offenses committed on or after that date.
1.3pipe when determining weight or amount of controlled substance;amending
1.4Minnesota Statutes 2010, sections 152.01, subdivisions 9a, 16; 152.021,
1.5subdivision 2; 152.022, subdivision 2; 152.023, subdivision 2.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 152.01, subdivision 9a, is amended to read:
1.8 Subd. 9a. Mixture. "Mixture" means a preparation, compound, mixture, or
1.9substance containing a controlled substance, regardless of purity except as provided in
1.10subdivision 16; sections 152.021, subdivision 2, paragraph (b); 152.022, subdivision 2,
1.11paragraph (b); and 152.023, subdivision 2, paragraph (b).
1.12EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
1.13offenses committed on or after that date.
1.14 Sec. 2. Minnesota Statutes 2010, section 152.01, subdivision 16, is amended to read:
1.15 Subd. 16. Small amount. "Small amount" as applied to marijuana means 42.5
1.16grams or less. This provision shall not apply to the resinous form of marijuana. The
1.17weight of fluid used in a water pipe may not be considered in determining a small amount
1.18except in cases where the marijuana is mixed with four or more fluid ounces of fluid.
1.19EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
1.20offenses committed on or after that date.
1.21 Sec. 3. Minnesota Statutes 2010, section 152.021, subdivision 2, is amended to read:
2.1 Subd. 2. Possession crimes. (a) A person is guilty of a controlled substance crime
2.2in the first degree if:
2.3(1) the person unlawfully possesses one or more mixtures of a total weight of 25
2.4grams or more containing cocaine, heroin, or methamphetamine;
2.5(2) the person unlawfully possesses one or more mixtures of a total weight of 500
2.6grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
2.7(3) the person unlawfully possesses one or more mixtures of a total weight of
2.8500 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
2.9controlled substance is packaged in dosage units, equaling 500 or more dosage units; or
2.10(4) the person unlawfully possesses one or more mixtures of a total weight of 100
2.11kilograms or more containing marijuana or Tetrahydrocannabinols.
2.12(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
2.13not be considered in measuring the weight of a mixture except in cases where the mixture
2.14contains four or more fluid ounces of fluid.
2.15EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
2.16offenses committed on or after that date.
2.17 Sec. 4. Minnesota Statutes 2010, section 152.022, subdivision 2, is amended to read:
2.18 Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime
2.19in the second degree if:
2.20(1) the person unlawfully possesses one or more mixtures of a total weight of six
2.21grams or more containing cocaine, heroin, or methamphetamine;
2.22(2) the person unlawfully possesses one or more mixtures of a total weight of 50
2.23grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
2.24(3) the person unlawfully possesses one or more mixtures of a total weight of
2.2550 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
2.26controlled substance is packaged in dosage units, equaling 100 or more dosage units; or
2.27(4) the person unlawfully possesses one or more mixtures of a total weight of 50
2.28kilograms or more containing marijuana or Tetrahydrocannabinols.
2.29(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
2.30not be considered in measuring the weight of a mixture except in cases where the mixture
2.31contains four or more fluid ounces of fluid.
2.32EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
2.33offenses committed on or after that date.
3.1 Sec. 5. Minnesota Statutes 2010, section 152.023, subdivision 2, is amended to read:
3.2 Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime in
3.3the third degree if:
3.4(1) on one or more occasions within a 90-day period the person unlawfully possesses
3.5one or more mixtures of a total weight of three grams or more containing cocaine, heroin,
3.6or methamphetamine;
3.7(2) on one or more occasions within a 90-day period the person unlawfully possesses
3.8one or more mixtures of a total weight of ten grams or more containing a narcotic drug
3.9other than cocaine, heroin, or methamphetamine;
3.10(3) on one or more occasions within a 90-day period the person unlawfully possesses
3.11one or more mixtures containing a narcotic drug, it is packaged in dosage units, and
3.12equals 50 or more dosage units;
3.13(4) on one or more occasions within a 90-day period the person unlawfully
3.14possesses any amount of a schedule I or II narcotic drug or five or more dosage
3.15units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
3.163,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing
3.17zone, or a drug treatment facility;
3.18(5) on one or more occasions within a 90-day period the person unlawfully possesses
3.19one or more mixtures of a total weight of ten kilograms or more containing marijuana or
3.20Tetrahydrocannabinols; or
3.21(6) the person unlawfully possesses one or more mixtures containing
3.22methamphetamine or amphetamine in a school zone, a park zone, a public housing zone,
3.23or a drug treatment facility.
3.24(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
3.25not be considered in measuring the weight of a mixture except in cases where the mixture
3.26contains four or more fluid ounces of fluid.
3.27EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
3.28offenses committed on or after that date.
