Purpose of the Bill

The purpose of this bill is to amend Minnesota laws regarding the possession of controlled substances. Specifically, it seeks to decriminalize the possession of very small, residual amounts of controlled substances that may be found in drug paraphernalia.

Main Provisions

• Amendment to Possession Crimes: The bill modifies existing statutes to specify that having residual amounts of controlled substances in certain items, such as drug paraphernalia, hypodermic syringes, needles, or small plastic bags typically used for drugs, does not constitute a controlled substance crime.

• Impact on Third and Fifth Degree Possession:

  • Third Degree: The amendments clarify that the presence of minimal amounts of drugs in paraphernalia within school zones, park zones, public housing zones, or drug treatment facilities does not lead to third-degree possession charges.
  • Fifth Degree: The bill similarly amends fifth-degree possession laws to exclude residual amounts found in drug-related implements from being criminalized.

• Conditions and Exceptions: The law states specific situations where the amount and type of possession could be considered illegal, but excludes certain minimal amounts used for personal use from these charges.

Significant Changes

• The bill introduces a clearer distinction between possession of significant amounts of controlled substances and residual amounts leftover in paraphernalia, aiming to reduce penalties for small-scale drug users.
• It specifically excludes the weight of the fluid in a water pipe except when it contains four or more ounces of fluid from being counted towards the mixture weight.

Relevant Terms

residual amounts, decriminalization, drug paraphernalia, controlled substances, hypodermic syringe, small plastic bag, third degree possession, fifth degree possession, personal use, public safety.