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152.025.4(c)

Statute ID: 19822

Statute Function ID: 39687

Drugs - 5th Degree Controlled Substance - Peace officer referral to substance use provider

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

152.025.4(c)

Enactment Date:

May 24, 2024

Effective Date:

Jul 1, 2024

Expiration Date:

Repealed?:

Summary Text:

Drugs - 5th Degree Controlled Substance - Peace officer referral to substance use provider

Statute ID:

19822

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:

Summary Text:

Drugs - 5th Degree Controlled Substance - Peace officer referral to substance use provider

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/152/025.html

Legislative Session:

2024 - Regular

Session Law Text?:

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.