Senate Proposal Seeks Major Drug-Law Overhaul

On Friday, May 6, 2016, Sen. Ron Latz, DFL – St. Louis Park gained momentous bipartisan support when the Minnesota Chiefs of Police Association, the Minnesota Sheriffs Association and the Minnesota Police and Peace Officers Association signed off on the final compromise to his proposed-drug-reform package, Senate File 3481. Other institutional supporters already on board include — the Minnesota County Attorneys Association, the Minnesota State Public Defender’s Office, the Minnesota Association of Criminal Defense Lawyers, U.S. Justice Action Network, and the Minneapolis-based Council on Crime and Justice. With this vast support network, this Proposal seems very likely to become law.

The Proposal seeks to reduce the number of low-level offenders serving harsh prison sentences or having to cope with a permanent felony record by increasing the threshold requirements and redefining mandatory-minimum sentences to apply to only the sale/possession of large quantities of drugs or to violent offenders.

Notable amendments within the proposal include:

Sale:

  • Increases the threshold for cocaine and methamphetamine from 10 to 17 grams, except for offenses involving firearms or two aggravating factors
  • Lowers the threshold for marijuana from 50 to 25 kilograms

Possession:

  • Increases the threshold for cocaine and methamphetamine from 25 to 50 grams, except for offenses involving firearms or two aggravating factors
  • Lowers the threshold for marijuana from 100 to 50 kilograms
  • New crime for possession of 500 or more marijuana plants

Aggravated 1st Degree: (Kingpin)

Applies to specified violations of the 1st degree sales or possession crime involving large amounts of drugs (100 grams or 500 dosage units), if the offense involves a firearm or two aggravating factors

Sale:

  • Increases the threshold for cocaine and methamphetamine from 3 to 10 grams, except for offenses involving firearms or three aggravating factors
  • Lowers the threshold for marijuana from 25 to 10 kilograms

Possession:

  • Increases the threshold for cocaine and methamphetamine from 6 to 25 grams; provides for a cocaine and methamphetamine threshold of 10 grams for offenses involving firearms or three aggravating factors
  • Lowers the threshold for marijuana from 50 to 25 kilograms
  • Adds a new crime for possession of 100 or more marijuana plants

Possession:

  • Increases the threshold for cocaine and methamphetamine from 3 to 10 grams

Sentencing:

  • Strikes the current mandatory minimum prison sentence for 3rd degree crimes committed by repeat offenders

Sentencing:

  • Striking the current mandatory minimum prison sentence for 4th degree crimes committed by repeat offenders

Sentencing:

  • Strikes the current mandatory minimum prison sentence for 5th degree crimes committed by repeat offenders

Gross-Misdemeanor:

  • Reduces offense from a Felony for possession offenses involving trace amounts of drugs.

This Proposal represents a significant step towards reducing the harsh punishments for drug offenses, compared to the current draconian drug laws found at Minnesota Statute Sections 152.021-152.025. Much of the momentum behind the bill is in reaction to the change in public attitude that the majority of Minnesotan’s support less jail time and more treatment for low-level drug users.

Still, the penalties for drug crimes remains high and you will be subject to harsh penalties. Whether you are charged with the sale or possession of cocaine, heroin, marijuana, methamphetamines, narcotics, prescription drugs, or ecstasy the attorneys at Sieben & Cotter have the experience that you need. They have achieved 5 not-guilty-jury verdicts and 11 complete dismissals of all charges in controlled-substance-crime cases.

If you face drug possession or sale charges, we have the experience you need. Call Sieben & Cotter at 651-455-1555 or send a request for more information and to arrange your free consultation.