scs2909a46

1.1Senator Kreun moved to amend S.F. No. 2909 as follows:
1.2Pages 45 to 49, delete sections 6 to 11 and insert:

1.3    "Sec. 6. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to
1.4read:
1.5    Subd. 25. Fentanyl. As used in sections 152.021 to 152.025, "fentanyl" includes fentanyl,
1.6carfentanil, and any fentanyl analogs and fentanyl-related substances listed in section 152.02,
1.7subdivisions 2 and 3.
1.8EFFECTIVE DATE.This section is effective July 1, 2023, and applies to crimes
1.9committed on or after that date.

1.10    Sec. 7. Minnesota Statutes 2022, 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, or 40 dosage units or more, containing
1.24heroin or fentanyl;
1.25(4) on one or more occasions within a 90-day period the person unlawfully sells one or
1.26more mixtures of a total weight of 50 grams or more containing a narcotic drug other than
1.27cocaine, heroin, fentanyl, or methamphetamine;
1.28(5) on one or more occasions within a 90-day period the person unlawfully sells one or
1.29more mixtures of a total weight of 50 grams or more containing amphetamine, phencyclidine,
1.30or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 200 or
1.31more 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 July 1, 2023, and applies to crimes
2.5committed on or after that date.

2.6    Sec. 8. Minnesota Statutes 2022, 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, or 100 dosage units or 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 July 1, 2023, and applies to crimes
2.31committed on or after that date.

3.1    Sec. 9. Minnesota Statutes 2022, 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, or 12 dosage units or more,
3.16containing heroin or fentanyl;
3.17(4) on one or more occasions within a 90-day period the person unlawfully sells one or
3.18more mixtures of a total weight of ten grams or more containing amphetamine, phencyclidine,
3.19or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 50 or
3.20more dosage units;
3.21(5) on one or more occasions within a 90-day period the person unlawfully sells one or
3.22more mixtures of a total weight of ten kilograms or more containing marijuana or
3.23Tetrahydrocannabinols;
3.24(6) the person unlawfully sells any amount of a Schedule I or II narcotic drug to a person
3.25under the age of 18, or conspires with or employs a person under the age of 18 to unlawfully
3.26sell the substance; or
3.27(7) the person unlawfully sells any of the following in a school zone, a park zone, a
3.28public housing zone, or a drug treatment facility:
3.29(i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD),
3.303,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;
3.31(ii) one or more mixtures containing methamphetamine or amphetamine; or
4.1(iii) one or more mixtures of a total weight of five kilograms or more containing marijuana
4.2or Tetrahydrocannabinols.
4.3EFFECTIVE DATE.This section is effective July 1, 2023, and applies to crimes
4.4committed on or after that date.

4.5    Sec. 10. Minnesota Statutes 2022, section 152.022, subdivision 2, is amended to read:
4.6    Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime in the
4.7second degree if:
4.8(1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
4.9or more containing cocaine or methamphetamine;
4.10(2) the person unlawfully possesses one or more mixtures of a total weight of ten grams
4.11or more containing cocaine or methamphetamine and:
4.12(i) the person or an accomplice possesses on their person or within immediate reach, or
4.13uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
4.14firearm; or
4.15(ii) the offense involves three aggravating factors;
4.16(3) the person unlawfully possesses one or more mixtures of a total weight of six grams
4.17or more, or 50 dosage units or more, containing heroin or fentanyl;
4.18(4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
4.19or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;
4.20(5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
4.21or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
4.22substance is packaged in dosage units, equaling 100 or more dosage units; or
4.23(6) the person unlawfully possesses one or more mixtures of a total weight of 25
4.24kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 100 or
4.25more marijuana plants.
4.26(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
4.27not be considered in measuring the weight of a mixture except in cases where the mixture
4.28contains four or more fluid ounces of fluid.
4.29EFFECTIVE DATE.This section is effective July 1, 2023, and applies to crimes
4.30committed on or after that date.

5.1    Sec. 11. Minnesota Statutes 2022, 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: (i) a total weight of three grams or more containing heroin; or (ii)
5.9a total weight of five grams or more, or 25 dosage units or more, containing fentanyl;
5.10(3) on one or more occasions within a 90-day period the person unlawfully possesses
5.11one or more mixtures containing a narcotic drug, it is packaged in dosage units, and equals
5.1250 or more dosage units;
5.13(4) on one or more occasions within a 90-day period the person unlawfully possesses
5.14any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid
5.15diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
5.163,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone,
5.17or a drug treatment facility;
5.18(5) on one or more occasions within a 90-day period the person unlawfully possesses
5.19one or more mixtures of a total weight of ten kilograms or more containing marijuana or
5.20Tetrahydrocannabinols; or
5.21(6) the person unlawfully possesses one or more mixtures containing methamphetamine
5.22or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment
5.23facility.
5.24(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
5.25not be considered in measuring the weight of a mixture except in cases where the mixture
5.26contains four or more fluid ounces of fluid.
5.27EFFECTIVE DATE.This section is effective July 1, 2023, and applies to crimes
5.28committed on or after that date."
5.29The motion prevailed. #did not prevail. So the amendment was #not adopted.