1.1Senator Kreun moved to amend the (SCS2909A46) amendment to
S.F. No. 2909
1.2as follows:
1.3Pages 4 and 5, delete sections 10 and 11 and insert:
1.4 "Sec. 10. Minnesota Statutes 2022, section 152.022, subdivision 2, is amended to read:
1.5 Subd. 2.
Possession crimes. (a) A person is guilty of controlled substance crime in the
1.6second degree if:
1.7(1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
1.8or more containing cocaine or methamphetamine;
1.9(2) the person unlawfully possesses one or more mixtures of a total weight of ten
grams
1.10or more containing cocaine or methamphetamine and:
1.11(i) the person or an accomplice possesses on their person or within immediate reach,
or
1.12uses, whether by brandishing, displaying, threatening with, or otherwise employing,
a
1.13firearm; or
1.14(ii) the offense involves three aggravating factors;
1.15(3) the person unlawfully possesses one or more mixtures of a total weight of six
grams
1.16or more
, or 24 dosage units or more, containing heroin
or fentanyl;
1.17(4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
1.18or more containing a narcotic drug other than cocaine, heroin,
fentanyl, or methamphetamine;
1.19(5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
1.20or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
1.21substance is packaged in dosage units, equaling 100 or more dosage units; or
1.22(6) the person unlawfully possesses one or more mixtures of a total weight of 25
1.23kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 100
or
1.24more marijuana plants.
1.25(b) For the purposes of this subdivision, the weight of fluid used in a water pipe
may
1.26not be considered in measuring the weight of a mixture except in cases where the mixture
1.27contains four or more fluid ounces of fluid.
1.28EFFECTIVE DATE.This section is effective July 1, 2023, and applies to crimes
1.29committed on or after that date.
2.1 Sec. 11. Minnesota Statutes 2022, section 152.023, subdivision 2, is amended to read:
2.2 Subd. 2.
Possession crimes. (a) A person is guilty of controlled substance crime in the
2.3third degree if:
2.4(1) on one or more occasions within a 90-day period the person unlawfully possesses
2.5one or more mixtures of a total weight of ten grams or more containing a narcotic
drug other
2.6than heroin
or fentanyl;
2.7(2) on one or more occasions within a 90-day period the person unlawfully possesses
2.8one or more mixtures of a total weight of three grams or more
, or 12 dosage units or more,
2.9containing heroin
or fentanyl;
2.10(3) on one or more occasions within a 90-day period the person unlawfully possesses
2.11one or more mixtures containing a narcotic drug, it is packaged in dosage units, and
equals
2.1250 or more dosage units;
2.13(4) on one or more occasions within a 90-day period the person unlawfully possesses
2.14any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic
acid
2.15diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
2.163,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing
zone,
2.17or a drug treatment facility;
2.18(5) on one or more occasions within a 90-day period the person unlawfully possesses
2.19one or more mixtures of a total weight of ten kilograms or more containing marijuana
or
2.20Tetrahydrocannabinols; or
2.21(6) the person unlawfully possesses one or more mixtures containing methamphetamine
2.22or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment
2.23facility.
2.24(b) For the purposes of this subdivision, the weight of fluid used in a water pipe
may
2.25not be considered in measuring the weight of a mixture except in cases where the mixture
2.26contains four or more fluid ounces of fluid.
2.27EFFECTIVE DATE.This section is effective July 1, 2023, and applies to crimes
2.28committed on or after that date.
2.29 Sec. 12. Minnesota Statutes 2022, section 152.025, subdivision 4, is amended to read:
2.30 Subd. 4.
Penalty. (a) A person convicted under the provisions of subdivision 2, clause
2.31(1), who has not been previously convicted of a violation of this chapter or a similar
offense
2.32in another jurisdiction, is guilty of a gross misdemeanor if: (1) the amount of the
controlled
3.1substance possessed, other than heroin
or fentanyl, is less than 0.25 grams or one dosage
3.2unit or less if the controlled substance was possessed in dosage units; or (2) the
controlled
3.3substance possessed is heroin
or fentanyl and the amount possessed is less than 0.05 grams.
3.4(b) A person convicted under the provisions of subdivision 1; subdivision 2, clause
(1),
3.5unless the conduct is described in paragraph (a); or subdivision 2, clause (2), may
be
3.6sentenced to imprisonment for not more than five years or to payment of a fine of
not more
3.7than $10,000, or both.
3.8EFFECTIVE DATE.This section is effective July 1, 2023, and applies to crimes
3.9committed on or after that date."
3.10Page 5, before line 29, insert:
3.11"Renumber the sections in sequence and correct the internal references
3.12Amend the title accordingly"
3.13The motion prevailed. #did not prevail. So the amendment to the amendment was #not
3.14adopted.