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152.01.24

Statute ID: 16147

Statute Function ID: 34248

Drugs, Controlled Substances - Aggravating Factor

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

152.01.24

Enactment Date:

May 22, 2016

Effective Date:

Aug 1, 2016

Expiration Date:

Repealed?:

Summary Text:

Drugs, Controlled Substances - Aggravating Factor

Statute ID:

16147

Created:

Jul 8, 2016 by mnjis.legal.analyst@state.mn.us

Updated:

Jul 8, 2016 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

New; 2016 c 160 s 2; Aggravating factors

Summary Text:

Drugs, Controlled Substances - Aggravating Factor

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/152/01.html

Legislative Session:

2016 - Regular

Session Law Text?:

Statute text last updated on:

Jul 8, 2016

Each of the following is an "aggravating factor": 
 
(1) the defendant, within the previous ten years, has been convicted of a violent crime, as defined in section 609.1095, subdivision 1, paragraph (d), other than a violation of a provision under this chapter, including an attempt or conspiracy, or was convicted of a similar offense by the United States or another state;

(2) the offense was committed for the benefit of a gang under section 609.229;

(3) the offense involved separate acts of sale or possession of a controlled substance in three or more counties;

(4) the offense involved the transfer of controlled substances across a state or international border and into Minnesota;

(5) the offense involved at least three separate transactions in which controlled substances were sold, transferred, or possessed with intent to sell or transfer;

(6) the circumstances of the offense reveal the offender to have occupied a high position in the drug distribution hierarchy;

(7) the defendant used a position or status to facilitate the commission of the offense, including positions of trust, confidence, or fiduciary relationships;

(8) the offense involved the sale of a controlled substance to a person under the age of 18 or a vulnerable adult as defined in section 609.232, subdivision 11;

(9) the defendant or an accomplice manufactured, possessed, or sold a controlled substance in a school zone, park zone, correctional facility, or drug treatment facility; or

(10) the defendant or an accomplice possessed equipment, drug paraphernalia, documents, or money evidencing that the offense involved the cultivation, manufacture, distribution, or possession of controlled substances in quantities substantially larger than the minimum threshold amount for the offense.