1.1 A bill for an act
1.2 relating to public safety; providing the same weight threshold and penalty for
1.3 fentanyl as is for heroin; amending Minnesota Statutes 2022, sections 152.01, by
1.4 adding a subdivision; 152.021, subdivisions 1, 2; 152.022, subdivisions 1, 2;
1.5 152.023, subdivision 2; 152.025, subdivision 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision
1.8to read:
1.9 Subd. 25.Fentanyl.As used in sections 152.021 to 152.025, "fentanyl" includes fentanyl,
1.10carfentanil, and any fentanyl analogs and fentanyl-related substances listed in section 152.02,
1.11subdivisions 2 and 3.
1.12 Sec. 2. Minnesota Statutes 2022, section 152.021, subdivision 1, is amended to read:
1.13 Subdivision 1.Sale crimes.A person is guilty of controlled substance crime in the first
1.14degree if:
1.15 (1) on one or more occasions within a 90-day period the person unlawfully sells one or
1.16more mixtures of a total weight of 17 grams or more containing cocaine or methamphetamine;
1.17 (2) on one or more occasions within a 90-day period the person unlawfully sells one or
1.18more mixtures of a total weight of ten grams or more containing cocaine or methamphetamine
1.19and:
1.20 (i) the person or an accomplice possesses on their person or within immediate reach, or
1.21uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
1.22firearm; or
1Sec. 2.
23-00684 as introduced12/01/22 REVISOR KLL/HL
SENATE
STATE OF MINNESOTA
S.F. No. 2659NINETY-THIRD SESSION
(SENATE AUTHORS: SEEBERGER and Latz)
OFFICIAL STATUSD-PGDATE
Introduction and first reading03/06/2023
Referred to Judiciary and Public Safety 2.1 (ii) the offense involves two aggravating factors;
2.2 (3) on one or more occasions within a 90-day period the person unlawfully sells one or
2.3more mixtures of a total weight of ten grams or more containing heroin or fentanyl;
2.4 (4) on one or more occasions within a 90-day period the person unlawfully sells one or
2.5more mixtures of a total weight of 50 grams or more containing a narcotic drug other than
2.6cocaine, heroin, fentanyl, or methamphetamine;
2.7 (5) on one or more occasions within a 90-day period the person unlawfully sells one or
2.8more mixtures of a total weight of 50 grams or more containing amphetamine, phencyclidine,
2.9or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 200 or
2.10more dosage units; or
2.11 (6) on one or more occasions within a 90-day period the person unlawfully sells one or
2.12more mixtures of a total weight of 25 kilograms or more containing marijuana or
2.13Tetrahydrocannabinols.
2.14 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
2.15committed on or after that date.
2.16 Sec. 3. Minnesota Statutes 2022, section 152.021, subdivision 2, is amended to read:
2.17 Subd. 2.Possession crimes.(a) A person is guilty of a controlled substance crime in
2.18the first degree if:
2.19 (1) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
2.20or more containing cocaine or methamphetamine;
2.21 (2) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
2.22or more containing cocaine or methamphetamine and:
2.23 (i) the person or an accomplice possesses on their person or within immediate reach, or
2.24uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
2.25firearm; or
2.26 (ii) the offense involves two aggravating factors;
2.27 (3) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
2.28or more containing heroin or fentanyl;
2.29 (4) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
2.30or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;
2Sec. 3.
23-00684 as introduced12/01/22 REVISOR KLL/HL 3.1 (5) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
3.2or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
3.3substance is packaged in dosage units, equaling 500 or more dosage units; or
3.4 (6) the person unlawfully possesses one or more mixtures of a total weight of 50
3.5kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 500 or
3.6more marijuana plants.
3.7 (b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
3.8not be considered in measuring the weight of a mixture except in cases where the mixture
3.9contains four or more fluid ounces of fluid.
3.10 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
3.11committed on or after that date.
3.12 Sec. 4. Minnesota Statutes 2022, section 152.022, subdivision 1, is amended to read:
3.13 Subdivision 1.Sale crimes.A person is guilty of controlled substance crime in the
3.14second degree if:
3.15 (1) on one or more occasions within a 90-day period the person unlawfully sells one or
3.16more mixtures of a total weight of ten grams or more containing a narcotic drug other than
3.17heroin or fentanyl;
3.18 (2) on one or more occasions within a 90-day period the person unlawfully sells one or
3.19more mixtures of a total weight of three grams or more containing cocaine or
3.20methamphetamine and:
3.21 (i) the person or an accomplice possesses on their person or within immediate reach, or
3.22uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
3.23firearm; or
3.24 (ii) the offense involves three aggravating factors;
3.25 (3) on one or more occasions within a 90-day period the person unlawfully sells one or
3.26more mixtures of a total weight of three grams or more containing heroin or fentanyl;
3.27 (4) on one or more occasions within a 90-day period the person unlawfully sells one or
3.28more mixtures of a total weight of ten grams or more containing amphetamine, phencyclidine,
3.29or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 50 or
3.30more dosage units;
3Sec. 4.
23-00684 as introduced12/01/22 REVISOR KLL/HL 4.1 (5) on one or more occasions within a 90-day period the person unlawfully sells one or
4.2more mixtures of a total weight of ten kilograms or more containing marijuana or
4.3Tetrahydrocannabinols;
4.4 (6) the person unlawfully sells any amount of a Schedule I or II narcotic drug to a person
4.5under the age of 18, or conspires with or employs a person under the age of 18 to unlawfully
4.6sell the substance; or
4.7 (7) the person unlawfully sells any of the following in a school zone, a park zone, a
4.8public housing zone, or a drug treatment facility:
4.9 (i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD),
4.103,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;
4.11 (ii) one or more mixtures containing methamphetamine or amphetamine; or
4.12 (iii) one or more mixtures of a total weight of five kilograms or more containing marijuana
4.13or Tetrahydrocannabinols.
4.14 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
4.15committed on or after that date.
4.16 Sec. 5. Minnesota Statutes 2022, section 152.022, subdivision 2, is amended to read:
4.17 Subd. 2.Possession crimes.(a) A person is guilty of controlled substance crime in the
4.18second degree if:
4.19 (1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
4.20or more containing cocaine or methamphetamine;
4.21 (2) the person unlawfully possesses one or more mixtures of a total weight of ten grams
4.22or more containing cocaine or methamphetamine and:
4.23 (i) the person or an accomplice possesses on their person or within immediate reach, or
4.24uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
4.25firearm; or
4.26 (ii) the offense involves three aggravating factors;
4.27 (3) the person unlawfully possesses one or more mixtures of a total weight of six grams
4.28or more containing heroin or fentanyl;
4.29 (4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
4.30or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;
4Sec. 5.
23-00684 as introduced12/01/22 REVISOR KLL/HL 5.1 (5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
5.2or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
5.3substance is packaged in dosage units, equaling 100 or more dosage units; or
5.4 (6) the person unlawfully possesses one or more mixtures of a total weight of 25
5.5kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 100 or
5.6more marijuana plants.
5.7 (b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
5.8not be considered in measuring the weight of a mixture except in cases where the mixture
5.9contains four or more fluid ounces of fluid.
5.10 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
5.11committed on or after that date.
5.12 Sec. 6. Minnesota Statutes 2022, section 152.023, subdivision 2, is amended to read:
5.13 Subd. 2.Possession crimes.(a) A person is guilty of controlled substance crime in the
5.14third degree if:
5.15 (1) on one or more occasions within a 90-day period the person unlawfully possesses
5.16one or more mixtures of a total weight of ten grams or more containing a narcotic drug other
5.17than heroin or fentanyl;
5.18 (2) on one or more occasions within a 90-day period the person unlawfully possesses
5.19one or more mixtures of a total weight of three grams or more containing heroin or fentanyl;
5.20 (3) on one or more occasions within a 90-day period the person unlawfully possesses
5.21one or more mixtures containing a narcotic drug, it is packaged in dosage units, and equals
5.2250 or more dosage units;
5.23 (4) on one or more occasions within a 90-day period the person unlawfully possesses
5.24any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid
5.25diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
5.263,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone,
5.27or a drug treatment facility;
5.28 (5) on one or more occasions within a 90-day period the person unlawfully possesses
5.29one or more mixtures of a total weight of ten kilograms or more containing marijuana or
5.30Tetrahydrocannabinols; or
5Sec. 6.
23-00684 as introduced12/01/22 REVISOR KLL/HL 6.1 (6) the person unlawfully possesses one or more mixtures containing methamphetamine
6.2or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment
6.3facility.
6.4 (b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
6.5not be considered in measuring the weight of a mixture except in cases where the mixture
6.6contains four or more fluid ounces of fluid.
6.7 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
6.8committed on or after that date.
6.9 Sec. 7. Minnesota Statutes 2022, section 152.025, subdivision 4, is amended to read:
6.10 Subd. 4.Penalty.(a) A person convicted under the provisions of subdivision 2, clause
6.11(1), who has not been previously convicted of a violation of this chapter or a similar offense
6.12in another jurisdiction, is guilty of a gross misdemeanor if: (1) the amount of the controlled
6.13substance possessed, other than heroin or fentanyl, is less than 0.25 grams or one dosage
6.14unit or less if the controlled substance was possessed in dosage units; or (2) the controlled
6.15substance possessed is heroin or fentanyl and the amount possessed is less than 0.05 grams.
6.16 (b) A person convicted under the provisions of subdivision 1; subdivision 2, clause (1),
6.17unless the conduct is described in paragraph (a); or subdivision 2, clause (2), may be
6.18sentenced to imprisonment for not more than five years or to payment of a fine of not more
6.19than $10,000, or both.
6.20 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
6.21committed on or after that date.
6Sec. 7.
23-00684 as introduced12/01/22 REVISOR KLL/HL