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152.025.4(a)
Statute ID:
19820
Statute Function ID:
39685
Drugs - 5th Degree Controlled Substance - Conviction under Subd 2(1) previously not convicted
In Effect
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Function Details
History
Text
Penalty
Classifications
Offense Level:
Gross Misdemeanor (GM)
General Offense Code:
Drug (3)
Offense Summary Code & Rank:
Drugs (D) (Rank 14)
Detailed Offense Code:
Controlled Substance Crime - Fifth Degree (300.5)
Offense Severity Level:
Function Text:
UCR Code
Description
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
No
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
No
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
152.025.4(a)
Enactment Date:
May 24, 2024
Effective Date:
Jul 1, 2024
Expiration Date:
Repealed?:
No
Summary Text:
Drugs - 5th Degree Controlled Substance - Conviction under Subd 2(1) previously not convicted
Statute ID:
19820
Created:
Jun 13, 2024 by mnjis.legal.analyst@state.mn.us
Updated:
Jun 13, 2024 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Added
Legal Analyst Comment:
Amended 2024 c123 art6 sect2; Adds (c)
Summary Text:
Drugs - 5th Degree Controlled Substance - Conviction under Subd 2(1) previously not convicted
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/152/025.html
Legislative Session:
2024 - Regular
Session Law Text?:
No
Statute text last updated on:
Jun 13, 2024
(a) A person convicted under the provisions of subdivision 2, clause (1), who has not been previously convicted of a violation of this chapter or a similar offense in another jurisdiction, is guilty of a gross misdemeanor if: (1) the amount of the controlled substance possessed, other than heroin, is less than 0.25 grams or one dosage unit or less if the controlled substance was possessed in dosage units; or (2) the controlled substance possessed is heroin and the amount possessed is less than 0.05 grams. (b) A person convicted under the provisions of subdivision 1; subdivision 2, clause (1), unless the conduct is described in paragraph (a); or subdivision 2, clause (2), may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. (c) If a peace officer encounters a person who is suspected of violating this section, the peace officer may refer the person to a local service provider that can offer substance use assistance to the person. Upon request at the time of initial contact, a peace officer must, if practicable and available, provide a person suspected of violating this section with a referral to local service providers. For purposes of this paragraph, "local service provider" includes but is not limited to substance use disorder treatment and recovery providers, peer support groups and systems, homeless shelters, detoxification centers, hospital systems, mental health crisis centers, naloxone providers, syringe service providers, and harm reduction programs.
