1.1                          A bill for an act 
  1.2             relating to controlled substances; providing criminal 
  1.3             penalties for sale or possession of marijuana plants 
  1.4             based on the number of plants as well as weight; 
  1.5             amending Minnesota Statutes 1997 Supplement, sections 
  1.6             152.021, subdivisions 1 and 2; 152.022, subdivisions 1 
  1.7             and 2; and 152.023, subdivisions 1 and 2.  
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.10  152.021, subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  1.12  controlled substance crime in the first degree if: 
  1.13     (1) on one or more occasions within a 90-day period the 
  1.14  person unlawfully sells one or more mixtures of a total weight 
  1.15  of ten grams or more containing cocaine or heroin; 
  1.16     (2) on one or more occasions within a 90-day period the 
  1.17  person unlawfully sells one or more mixtures of a total weight 
  1.18  of 50 grams or more containing a narcotic drug other than 
  1.19  cocaine or heroin; 
  1.20     (3) on one or more occasions within a 90-day period the 
  1.21  person unlawfully sells one or more mixtures of a total weight 
  1.22  of 50 grams or more containing methamphetamine, amphetamine, 
  1.23  phencyclidine, or hallucinogen or, if the controlled substance 
  1.24  is packaged in dosage units, equaling 200 or more dosage units; 
  1.25  or 
  1.26     (4) on one or more occasions within a 90-day period the 
  2.1   person unlawfully sells one or more mixtures of a total weight 
  2.2   of 50 kilograms or more containing marijuana or 
  2.3   Tetrahydrocannabinols or 500 or more marijuana plants regardless 
  2.4   of weight, or one or more mixtures of a total weight of 25 
  2.5   kilograms or more containing marijuana or 
  2.6   Tetrahydrocannabinols or 250 or more marijuana plants regardless 
  2.7   of weight in a school zone, a park zone, a public housing zone, 
  2.8   or a drug treatment facility. 
  2.9      Sec. 2.  Minnesota Statutes 1997 Supplement, section 
  2.10  152.021, subdivision 2, is amended to read: 
  2.11     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of a 
  2.12  controlled substance crime in the first degree if: 
  2.13     (1) the person unlawfully possesses one or more mixtures of 
  2.14  a total weight of 25 grams or more containing cocaine or heroin; 
  2.15     (2) the person unlawfully possesses one or more mixtures of 
  2.16  a total weight of 500 grams or more containing a narcotic drug 
  2.17  other than cocaine or heroin; 
  2.18     (3) the person unlawfully possesses one or more mixtures of 
  2.19  a total weight of 500 grams or more containing methamphetamine, 
  2.20  amphetamine, phencyclidine, or hallucinogen or, if the 
  2.21  controlled substance is packaged in dosage units, equaling 500 
  2.22  or more dosage units; or 
  2.23     (4) the person unlawfully possesses one or more mixtures of 
  2.24  a total weight of 100 kilograms or more containing marijuana or 
  2.25  Tetrahydrocannabinols or 1,000 or more marijuana plants 
  2.26  regardless of weight. 
  2.27     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  2.28  152.022, subdivision 1, is amended to read: 
  2.29     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  2.30  controlled substance crime in the second degree if: 
  2.31     (1) on one or more occasions within a 90-day period the 
  2.32  person unlawfully sells one or more mixtures of a total weight 
  2.33  of three grams or more containing cocaine or heroin; 
  2.34     (2) on one or more occasions within a 90-day period the 
  2.35  person unlawfully sells one or more mixtures of a total weight 
  2.36  of ten grams or more containing a narcotic drug other than 
  3.1   cocaine or heroin; 
  3.2      (3) on one or more occasions within a 90-day period the 
  3.3   person unlawfully sells one or more mixtures of a total weight 
  3.4   of ten grams or more containing methamphetamine, amphetamine, 
  3.5   phencyclidine, or hallucinogen or, if the controlled substance 
  3.6   is packaged in dosage units, equaling 50 or more dosage units; 
  3.7      (4) on one or more occasions within a 90-day period the 
  3.8   person unlawfully sells one or more mixtures of a total weight 
  3.9   of 25 kilograms or more containing marijuana or 
  3.10  Tetrahydrocannabinols or 250 or more marijuana plants regardless 
  3.11  of weight; 
  3.12     (5) the person unlawfully sells any amount of a schedule I 
  3.13  or II narcotic drug to a person under the age of 18, or 
  3.14  conspires with or employs a person under the age of 18 to 
  3.15  unlawfully sell the substance; or 
  3.16     (6) the person unlawfully sells any of the following in a 
  3.17  school zone, a park zone, a public housing zone, or a drug 
  3.18  treatment facility: 
  3.19     (i) any amount of a schedule I or II narcotic drug, or 
  3.20  lysergic acid diethylamide (LSD); 
  3.21     (ii) one or more mixtures containing methamphetamine or 
  3.22  amphetamine; or 
  3.23     (iii) one or more mixtures of a total weight of five 
  3.24  kilograms or more containing marijuana or 
  3.25  Tetrahydrocannabinols or 50 or more marijuana plants regardless 
  3.26  of weight. 
  3.27     Sec. 4.  Minnesota Statutes 1997 Supplement, section 
  3.28  152.022, subdivision 2, is amended to read: 
  3.29     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
  3.30  controlled substance crime in the second degree if: 
  3.31     (1) the person unlawfully possesses one or more mixtures of 
  3.32  a total weight of six grams or more containing cocaine or 
  3.33  heroin; 
  3.34     (2) the person unlawfully possesses one or more mixtures of 
  3.35  a total weight of 50 grams or more containing a narcotic drug 
  3.36  other than cocaine or heroin; 
  4.1      (3) the person unlawfully possesses one or more mixtures of 
  4.2   a total weight of 50 grams or more containing methamphetamine, 
  4.3   amphetamine, phencyclidine, or hallucinogen or, if the 
  4.4   controlled substance is packaged in dosage units, equaling 100 
  4.5   or more dosage units; or 
  4.6      (4) the person unlawfully possesses one or more mixtures of 
  4.7   a total weight of 50 kilograms or more containing marijuana or 
  4.8   Tetrahydrocannabinols or 500 or more marijuana plants regardless 
  4.9   of weight. 
  4.10     Sec. 5.  Minnesota Statutes 1997 Supplement, section 
  4.11  152.023, subdivision 1, is amended to read: 
  4.12     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  4.13  controlled substance crime in the third degree if:  
  4.14     (1) the person unlawfully sells one or more mixtures 
  4.15  containing a narcotic drug; 
  4.16     (2) on one or more occasions within a 90-day period the 
  4.17  person unlawfully sells one or more mixtures containing 
  4.18  phencyclidine or hallucinogen, it is packaged in dosage units, 
  4.19  and equals ten or more dosage units; 
  4.20     (3) the person unlawfully sells one or more mixtures 
  4.21  containing a controlled substance classified in schedule I, II, 
  4.22  or III, except a schedule I or II narcotic drug, to a person 
  4.23  under the age of 18; 
  4.24     (4) the person conspires with or employs a person under the 
  4.25  age of 18 to unlawfully sell one or more mixtures containing a 
  4.26  controlled substance listed in schedule I, II, or III, except a 
  4.27  schedule I or II narcotic drug; or 
  4.28     (5) on one or more occasions within a 90-day period the 
  4.29  person unlawfully sells one or more mixtures of a total weight 
  4.30  of five kilograms or more containing marijuana or 
  4.31  Tetrahydrocannabinols or 50 or more marijuana plants regardless 
  4.32  of weight. 
  4.33     Sec. 6.  Minnesota Statutes 1997 Supplement, section 
  4.34  152.023, subdivision 2, is amended to read: 
  4.35     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
  4.36  controlled substance crime in the third degree if: 
  5.1      (1) on one or more occasions within a 90-day period the 
  5.2   person unlawfully possesses one or more mixtures of a total 
  5.3   weight of three grams or more containing cocaine or heroin; 
  5.4      (2) on one or more occasions within a 90-day period the 
  5.5   person unlawfully possesses one or more mixtures of a total 
  5.6   weight of ten grams or more containing a narcotic drug other 
  5.7   than cocaine or heroin; 
  5.8      (3) on one or more occasions within a 90-day period the 
  5.9   person unlawfully possesses one or more mixtures containing a 
  5.10  narcotic drug, it is packaged in dosage units, and equals 50 or 
  5.11  more dosage units; 
  5.12     (4) on one or more occasions within a 90-day period the 
  5.13  person unlawfully possesses any amount of a schedule I or II 
  5.14  narcotic drug or five or more dosage units of lysergic acid 
  5.15  diethylamide (LSD) in a school zone, a park zone, a public 
  5.16  housing zone, or a drug treatment facility; 
  5.17     (5) on one or more occasions within a 90-day period the 
  5.18  person unlawfully possesses one or more mixtures of a total 
  5.19  weight of ten kilograms or more containing marijuana or 
  5.20  Tetrahydrocannabinols or 100 or more marijuana plants regardless 
  5.21  of weight; or 
  5.22     (6) the person unlawfully possesses one or more mixtures 
  5.23  containing methamphetamine or amphetamine in a school zone, a 
  5.24  park zone, a public housing zone, or a drug treatment facility. 
  5.25     Sec. 7.  [EFFECTIVE DATE.] 
  5.26     Sections 1 to 6 are effective August 1, 1998, and apply to 
  5.27  crimes committed on or after that date.