1.1Senator Bigham moved to amend S.F. No. 2673 as follows:
1.2Page 65, after line 5, insert:


1.5    Section 1. Minnesota Statutes 2020, section 152.01, is amended by adding a subdivision
1.6to read:
1.7    Subd. 25. Fentanyl. As used in sections 152.021 to 152.025, "fentanyl" includes fentanyl,
1.8carfentanil, and any fentanyl analogs and fentanyl-related substances listed in section 152.02,
1.9subdivisions 2 and 3.

1.10    Sec. 2. Minnesota Statutes 2020, section 152.021, subdivision 1, is amended to read:
1.11    Subdivision 1. Sale crimes. A person is guilty of controlled substance crime in the first
1.12degree if:
1.13(1) on one or more occasions within a 90-day period the person unlawfully sells one or
1.14more mixtures of a total weight of 17 grams or more containing cocaine or methamphetamine;
1.15(2) on one or more occasions within a 90-day period the person unlawfully sells one or
1.16more mixtures of a total weight of ten grams or more containing cocaine or methamphetamine
1.17and:
1.18(i) the person or an accomplice possesses on their person or within immediate reach, or
1.19uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
1.20firearm; or
1.21(ii) the offense involves two aggravating factors;
1.22(3) on one or more occasions within a 90-day period the person unlawfully sells one or
1.23more mixtures of a total weight of ten grams or more containing heroin or fentanyl;
1.24(4) on one or more occasions within a 90-day period the person unlawfully sells one or
1.25more mixtures of a total weight of 50 grams or more containing a narcotic drug other than
1.26cocaine, heroin, fentanyl, or methamphetamine;
1.27(5) on one or more occasions within a 90-day period the person unlawfully sells one or
1.28more mixtures of a total weight of 50 grams or more containing amphetamine, phencyclidine,
1.29or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 200 or
1.30more dosage units; or
2.1(6) on one or more occasions within a 90-day period the person unlawfully sells one or
2.2more mixtures of a total weight of 25 kilograms or more containing marijuana or
2.3Tetrahydrocannabinols.
2.4EFFECTIVE DATE.This section is effective August 1, 2022, and applies to crimes
2.5committed on or after that date.

2.6    Sec. 3. Minnesota Statutes 2020, section 152.021, subdivision 2, is amended to read:
2.7    Subd. 2. Possession crimes. (a) A person is guilty of a controlled substance crime in
2.8the first degree if:
2.9(1) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
2.10or more containing cocaine or methamphetamine;
2.11(2) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
2.12or more containing cocaine or methamphetamine and:
2.13(i) the person or an accomplice possesses on their person or within immediate reach, or
2.14uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
2.15firearm; or
2.16(ii) the offense involves two aggravating factors;
2.17(3) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
2.18or more containing heroin or fentanyl;
2.19(4) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
2.20or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;
2.21(5) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
2.22or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
2.23substance is packaged in dosage units, equaling 500 or more dosage units; or
2.24(6) the person unlawfully possesses one or more mixtures of a total weight of 50
2.25kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 500 or
2.26more marijuana plants.
2.27(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
2.28not be considered in measuring the weight of a mixture except in cases where the mixture
2.29contains four or more fluid ounces of fluid.
2.30EFFECTIVE DATE.This section is effective August 1, 2022, and applies to crimes
2.31committed on or after that date.

3.1    Sec. 4. Minnesota Statutes 2020, section 152.022, subdivision 1, is amended to read:
3.2    Subdivision 1. Sale crimes. A person is guilty of controlled substance crime in the
3.3second degree if:
3.4(1) on one or more occasions within a 90-day period the person unlawfully sells one or
3.5more mixtures of a total weight of ten grams or more containing a narcotic drug other than
3.6heroin or fentanyl;
3.7(2) on one or more occasions within a 90-day period the person unlawfully sells one or
3.8more mixtures of a total weight of three grams or more containing cocaine or
3.9methamphetamine and:
3.10(i) the person or an accomplice possesses on their person or within immediate reach, or
3.11uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
3.12firearm; or
3.13(ii) the offense involves three aggravating factors;
3.14(3) on one or more occasions within a 90-day period the person unlawfully sells one or
3.15more mixtures of a total weight of three grams or more containing heroin or fentanyl;
3.16(4) on one or more occasions within a 90-day period the person unlawfully sells one or
3.17more mixtures of a total weight of ten grams or more containing amphetamine, phencyclidine,
3.18or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 50 or
3.19more dosage units;
3.20(5) on one or more occasions within a 90-day period the person unlawfully sells one or
3.21more mixtures of a total weight of ten kilograms or more containing marijuana or
3.22Tetrahydrocannabinols;
3.23(6) the person unlawfully sells any amount of a Schedule I or II narcotic drug to a person
3.24under the age of 18, or conspires with or employs a person under the age of 18 to unlawfully
3.25sell the substance; or
3.26(7) the person unlawfully sells any of the following in a school zone, a park zone, a
3.27public housing zone, or a drug treatment facility:
3.28(i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD),
3.293,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;
3.30(ii) one or more mixtures containing methamphetamine or amphetamine; or
3.31(iii) one or more mixtures of a total weight of five kilograms or more containing marijuana
3.32or Tetrahydrocannabinols.
4.1EFFECTIVE DATE.This section is effective August 1, 2022, and applies to crimes
4.2committed on or after that date.

4.3    Sec. 5. Minnesota Statutes 2020, section 152.022, subdivision 2, is amended to read:
4.4    Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime in the
4.5second degree if:
4.6(1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
4.7or more containing cocaine or methamphetamine;
4.8(2) the person unlawfully possesses one or more mixtures of a total weight of ten grams
4.9or more containing cocaine or methamphetamine and:
4.10(i) the person or an accomplice possesses on their person or within immediate reach, or
4.11uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
4.12firearm; or
4.13(ii) the offense involves three aggravating factors;
4.14(3) the person unlawfully possesses one or more mixtures of a total weight of six grams
4.15or more containing heroin or fentanyl;
4.16(4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
4.17or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;
4.18(5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
4.19or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
4.20substance is packaged in dosage units, equaling 100 or more dosage units; or
4.21(6) the person unlawfully possesses one or more mixtures of a total weight of 25
4.22kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 100 or
4.23more marijuana plants.
4.24(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
4.25not be considered in measuring the weight of a mixture except in cases where the mixture
4.26contains four or more fluid ounces of fluid.
4.27EFFECTIVE DATE.This section is effective August 1, 2022, and applies to crimes
4.28committed on or after that date.

5.1    Sec. 6. Minnesota Statutes 2020, section 152.023, subdivision 2, is amended to read:
5.2    Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime in the
5.3third degree if:
5.4(1) on one or more occasions within a 90-day period the person unlawfully possesses
5.5one or more mixtures of a total weight of ten grams or more containing a narcotic drug other
5.6than heroin or fentanyl;
5.7(2) on one or more occasions within a 90-day period the person unlawfully possesses
5.8one or more mixtures of a total weight of three grams or more containing heroin or fentanyl;
5.9(3) on one or more occasions within a 90-day period the person unlawfully possesses
5.10one or more mixtures containing a narcotic drug, it is packaged in dosage units, and equals
5.1150 or more dosage units;
5.12(4) on one or more occasions within a 90-day period the person unlawfully possesses
5.13any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid
5.14diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
5.153,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone,
5.16or a drug treatment facility;
5.17(5) on one or more occasions within a 90-day period the person unlawfully possesses
5.18one or more mixtures of a total weight of ten kilograms or more containing marijuana or
5.19Tetrahydrocannabinols; or
5.20(6) the person unlawfully possesses one or more mixtures containing methamphetamine
5.21or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment
5.22facility.
5.23(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
5.24not be considered in measuring the weight of a mixture except in cases where the mixture
5.25contains four or more fluid ounces of fluid.
5.26EFFECTIVE DATE.This section is effective August 1, 2022, and applies to crimes
5.27committed on or after that date.

5.28    Sec. 7. Minnesota Statutes 2020, section 152.025, subdivision 4, is amended to read:
5.29    Subd. 4. Penalty. (a) A person convicted under the provisions of subdivision 2, clause
5.30(1), who has not been previously convicted of a violation of this chapter or a similar offense
5.31in another jurisdiction, is guilty of a gross misdemeanor if: (1) the amount of the controlled
5.32substance possessed, other than heroin or fentanyl, is less than 0.25 grams or one dosage
6.1unit or less if the controlled substance was possessed in dosage units; or (2) the controlled
6.2substance possessed is heroin or fentanyl and the amount possessed is less than 0.05 grams.
6.3(b) A person convicted under the provisions of subdivision 1; subdivision 2, clause (1),
6.4unless the conduct is described in paragraph (a); or subdivision 2, clause (2), may be
6.5sentenced to imprisonment for not more than five years or to payment of a fine of not more
6.6than $10,000, or both.
6.7EFFECTIVE DATE.This section is effective August 1, 2022, and applies to crimes
6.8committed on or after that date."
6.9Amend the title accordingly
6.10The motion prevailed. #did not prevail. So the amendment was #not adopted.