1.1 A bill for an act
1.2 relating to public safety; modifying the treatment of water pipe fluid in the
1.3 controlled substances laws; amending Minnesota Statutes 2024, sections 152.021,
1.4 subdivision 2; 152.022, subdivision 2; 152.023, subdivision 2; 152.025, subdivision
1.5 2.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2024, section 152.021, subdivision 2, is amended to read:
1.8 Subd. 2.Possession crimes.(a) A person is guilty of a controlled substance crime in
1.9the first degree if:
1.10 (1) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
1.11or more containing cocaine or methamphetamine;
1.12 (2) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
1.13or more containing cocaine or methamphetamine and:
1.14 (i) the person or an accomplice possesses on their person or within immediate reach, or
1.15uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
1.16firearm; or
1.17 (ii) the offense involves two aggravating factors;
1.18 (3) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
1.19or more, or 100 dosage units or more, containing heroin or fentanyl;
1.20 (4) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
1.21or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;
1Section 1.
25-04138 as introduced02/19/25 REVISOR KLL/CH
SENATE
STATE OF MINNESOTA
S.F. No. 1905NINETY-FOURTH SESSION
(SENATE AUTHORS: OUMOU VERBETEN and Seeberger)
OFFICIAL STATUSD-PGDATE
Introduction and first reading02/27/2025
Referred to Judiciary and Public Safety 2.1 (5) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
2.2or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
2.3substance is packaged in dosage units, equaling 500 or more dosage units; or
2.4 (6) the person unlawfully possesses:
2.5 (i) 50 kilograms or more of cannabis flower;
2.6 (ii) ten kilograms or more of cannabis concentrate; or
2.7 (iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer
2.8products, or any combination of those infused with more than one kilogram of
2.9tetrahydrocannabinols.
2.10 (b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
2.11not be considered in measuring the weight of a mixture except in cases where the mixture
2.12contains four or more fluid ounces of fluid.
2.13 EFFECTIVE DATE.This section is effective the day following final enactment.
2.14 Sec. 2. Minnesota Statutes 2024, section 152.022, subdivision 2, is amended to read:
2.15 Subd. 2.Possession crimes.(a) A person is guilty of controlled substance crime in the
2.16second degree if:
2.17 (1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
2.18or more containing cocaine or methamphetamine;
2.19 (2) the person unlawfully possesses one or more mixtures of a total weight of ten grams
2.20or more containing cocaine or methamphetamine and:
2.21 (i) the person or an accomplice possesses on their person or within immediate reach, or
2.22uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
2.23firearm; or
2.24 (ii) the offense involves three aggravating factors;
2.25 (3) the person unlawfully possesses one or more mixtures of a total weight of six grams
2.26or more, or 50 dosage units or more, containing heroin or fentanyl;
2.27 (4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
2.28or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;
2.29 (5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
2.30or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
2.31substance is packaged in dosage units, equaling 100 or more dosage units; or
2Sec. 2.
25-04138 as introduced02/19/25 REVISOR KLL/CH 3.1 (6) the person unlawfully possesses:
3.2 (i) 25 kilograms or more of cannabis flower;
3.3 (ii) five kilograms or more of cannabis concentrate; or
3.4 (iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer
3.5products, or any combination of those infused with more than 500 grams of
3.6tetrahydrocannabinols.
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 the day following final enactment.
3.11 Sec. 3. Minnesota Statutes 2024, section 152.023, subdivision 2, is amended to read:
3.12 Subd. 2.Possession crimes.(a) A person is guilty of controlled substance crime in the
3.13third degree if:
3.14 (1) on one or more occasions within a 90-day period the person unlawfully possesses
3.15one or more mixtures of a total weight of ten grams or more containing a narcotic drug other
3.16than heroin or fentanyl;
3.17 (2) on one or more occasions within a 90-day period the person unlawfully possesses
3.18one or more mixtures of: (i) a total weight of three grams or more containing heroin; or (ii)
3.19a total weight of five grams or more, or 25 dosage units or more, containing fentanyl;
3.20 (3) on one or more occasions within a 90-day period the person unlawfully possesses
3.21one or more mixtures containing a narcotic drug other than heroin or fentanyl, it is packaged
3.22in dosage units, and equals 50 or more dosage units;
3.23 (4) on one or more occasions within a 90-day period the person unlawfully possesses
3.24any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid
3.25diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
3.263,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone,
3.27or a drug treatment facility;
3.28 (5) on one or more occasions within a 90-day period the person unlawfully possesses:
3.29 (i) more than ten kilograms of cannabis flower;
3.30 (ii) more than two kilograms of cannabis concentrate; or
3Sec. 3.
25-04138 as introduced02/19/25 REVISOR KLL/CH 4.1 (iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer
4.2products, or any combination of those infused with more than 200 grams of
4.3tetrahydrocannabinol; or
4.4 (6) the person unlawfully possesses one or more mixtures containing methamphetamine
4.5or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment
4.6facility.
4.7 (b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
4.8not be considered in measuring the weight of a mixture except in cases where the mixture
4.9contains four or more fluid ounces of fluid.
4.10 EFFECTIVE DATE.This section is effective the day following final enactment.
4.11 Sec. 4. Minnesota Statutes 2024, section 152.025, subdivision 2, is amended to read:
4.12 Subd. 2.Possession and other crimes.(a) A person is guilty of controlled substance
4.13crime in the fifth degree and upon conviction may be sentenced as provided in subdivision
4.144 if:
4.15 (1) the person unlawfully possesses one or more mixtures containing a controlled
4.16substance classified in Schedule I, II, III, or IV, except cannabis flower, cannabis products,
4.17lower-potency hemp edibles, or hemp-derived consumer products or a residual amount of
4.18one or more mixtures of controlled substances contained in drug paraphernalia; or
4.19 (2) the person procures, attempts to procure, possesses, or has control over a controlled
4.20substance by any of the following means:
4.21 (i) fraud, deceit, misrepresentation, or subterfuge;
4.22 (ii) using a false name or giving false credit; or
4.23 (iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer,
4.24wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice
4.25medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
4.26obtaining a controlled substance.
4.27 (b) For the purposes of this subdivision, a mixture does not include the fluid used in a
4.28water pipe or any amount of a controlled substance classified in Schedule I, II, III, or IV,
4.29that is dissolved in the pipe's fluid.
4.30 EFFECTIVE DATE.This section is effective the day following final enactment.
4Sec. 4.
25-04138 as introduced02/19/25 REVISOR KLL/CH