1.1Senator Rasmusson moved to amend
H.F. No. 4757, the first unofficial engrossment,
1.2as follows:
1.3Page 14, after line 26, insert:
1.4 "Sec. 10. Minnesota Statutes 2023 Supplement, section 152.0263, is amended by adding
1.5a subdivision to read:
1.6 Subd. 6. Use of cannabis by a person under 21 years of age. (a) It is a misdemeanor
1.7for a person under 21 years of age to unlawfully use cannabis flower, cannabis products,
1.8lower-potency hemp edibles, or hemp-derived consumer products.
1.9(b) An offense under paragraph (a) may be prosecuted either in the jurisdiction where
1.10the use occurs or the jurisdiction where evidence of the use is observed.
1.11(c) As used in this subdivision, "use" includes the ingestion of a prohibited item
and the
1.12physical condition of having ingested a prohibited item.
1.13EFFECTIVE DATE.This section is effective August 1, 2024, and applies to acts
1.14committed on or after that date.
1.15 Sec. 11. Minnesota Statutes 2023 Supplement, section 152.0263, is amended by adding
1.16a subdivision to read:
1.17 Subd. 7. Possession of cannabis by a person under 21 years of age. It is a misdemeanor
1.18for a person under 21 years of age to unlawfully possess any of the following:
1.19(1) any amount up to four ounces of cannabis flower in any place other than the person's
1.20residence;
1.21(2) any amount up to two pounds of cannabis flower in the person's residence;
1.22(3) any amount up to 16 grams of cannabis concentrate; or
1.23(4) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer
1.24products infused with any amount up to 1,600 milligrams of tetrahydrocannabinol.
1.25EFFECTIVE DATE.This section is effective August 1, 2024, and applies to acts
1.26committed on or after that date."
1.27Page 26, after line 17, insert:
2.1 "Sec. 25. Minnesota Statutes 2022, section 260B.007, subdivision 16, is amended to read:
2.2 Subd. 16.
Juvenile petty offender; juvenile petty offense. (a) "Juvenile petty offense"
2.3includes a juvenile alcohol offense, a juvenile controlled substance offense,
a violation of
2.4section
609.685, or a violation of a local ordinance, which by its terms prohibits conduct
2.5by a child under the age of 18 years which would be lawful conduct if committed by
an
2.6adult.
2.7(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also includes
2.8an offense that would be a
petty misdemeanor or misdemeanor if committed by an adult.
2.9(c) "Juvenile petty offense" does not include any of the following:
2.10(1) a misdemeanor-level violation of section
518B.01,
588.20,
609.224,
609.2242,
2.11609.324, subdivision 2 or 3,
609.5632,
609.576,
609.66,
609.746,
609.748,
609.79, or
2.12617.23;
2.13(2) a major traffic offense or an adult court traffic offense, as described in section
2.14260B.225;
2.15(3) a misdemeanor-level offense committed by a child whom the juvenile court previously
2.16has found to have committed a misdemeanor, gross misdemeanor, or felony offense; or
2.17(4) a misdemeanor-level offense committed by a child whom the juvenile court has
2.18found to have committed a misdemeanor-level juvenile petty offense on two or more
prior
2.19occasions, unless the county attorney designates the child on the petition as a juvenile
petty
2.20offender notwithstanding this prior record. As used in this clause, "misdemeanor-level
2.21juvenile petty offense" includes a misdemeanor-level offense that would have been
a juvenile
2.22petty offense if it had been committed on or after July 1, 1995.
2.23(d) A child who commits a juvenile petty offense is a "juvenile petty offender." The
2.24term juvenile petty offender does not include a child alleged to have violated any
law relating
2.25to being hired, offering to be hired, or agreeing to be hired by another individual
to engage
2.26in sexual penetration or sexual conduct which, if committed by an adult, would be
a
2.27misdemeanor.
2.28EFFECTIVE DATE.This section is effective August 1, 2024, and applies to acts
2.29committed on or after that date.
3.1 Sec. 26. Minnesota Statutes 2022, section 260B.007, subdivision 18, is amended to read:
3.2 Subd. 18.
Juvenile controlled substance offense. "Juvenile controlled substance offense"
3.3means a violation by a child of section
152.027, subdivision 4, with respect to a small amount
3.4of marijuana 152.0263, subdivision 6 or 7, or an equivalent local ordinance.
3.5EFFECTIVE DATE.This section is effective August 1, 2024, and applies to acts
3.6committed on or after that date."
3.7Renumber the sections in sequence and correct the internal references
3.8Amend the title accordingly
3.9The motion prevailed. #did not prevail. So the amendment was #not adopted.