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152.022.2(b)

Statute ID: 18967

Statute Function ID: 38518

Drugs - 2nd Degree - Possess - Weight of fluid in water pipe may not be considered

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

152.022.2(b)

Enactment Date:

May 23, 2025

Effective Date:

Aug 1, 2023

Expiration Date:

Repealed?:

Summary Text:

Drugs - 2nd Degree - Possess - Weight of fluid in water pipe may not be considered

Statute ID:

18967

Created:

Jul 10, 2023 by mnjis.legal.analyst@state.mn.us

Updated:

Jun 2, 2025 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Corrected

Legal Analyst Comment:

2025 C35 Art4 Sect2; Effective DAE retroactive to 08/01/2023; Correction to (b) no new codes

Summary Text:

Drugs - 2nd Degree - Possess - Weight of fluid in water pipe may not be considered

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/152/022.html

Legislative Session:

2025 - Regular

Session Law Text?:

Statute text last updated on:

Jun 2, 2025

(a) A person is guilty of controlled substance crime in the second degree if:
(1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing cocaine or methamphetamine;

(2) the person unlawfully possesses one or more mixtures of a total weight of ten grams or more containing cocaine or methamphetamine and:

(i) the person or an accomplice possesses on their person or within immediate reach, or uses, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm; or

(ii) the offense involves three aggravating factors;

(3) the person unlawfully possesses one or more mixtures of a total weight of six grams or more, or 50 dosage units or more, containing heroin or fentanyl;

(4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;

(5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 100 or more dosage units; or

(6) the person unlawfully possesses:

(i) 25 kilograms or more of cannabis flower;

(ii) five kilograms or more of cannabis concentrate; or

(iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer products, or any combination of those infused with more than 500 grams of tetrahydrocannabinols.

(b) For the purposes of this subdivision, a mixture does not include the fluid used in a water pipe or any amount of a controlled substance that is dissolved in the pipe's fluid