SF3473 (Legislative Session 94 (2025-2026))

Residual amounts of controlled substances contained in drug paraphernalia and similar items possession decriminalization

AI Generated Summary

Purpose of the Bill

This bill aims to adjust Minnesota's drug laws to decriminalize the possession of very small, residual amounts of controlled substances that are found in drug paraphernalia and related items.

Main Provisions

  • Decriminalization: The bill specifies that possessing trace or residual amounts of controlled substances in drug paraphernalia, hypodermic needles, or similar items will not be treated as a criminal offense.
  • Amendments to Existing Law: Changes are proposed to sections of existing Minnesota laws, essentially removing penalties for residual amounts of controlled substances when found in contexts that suggest personal use rather than distribution.

Significant Changes to Existing Law

  • The amendment seeks to exclude the consideration of residual controlled substances in paraphernalia from types of possession crimes, particularly for third and fifth-degree controlled substance crimes.
  • Adjusts definitions around what constitutes a criminal quantifiable amount in terms of drugs like methamphetamine, amphetamine, and other narcotics in specific zones like school or park zones.
  • Clarifies that the weight of water in devices like water pipes won't count toward the total drug mixture weight unless it exceeds four ounces.

Relevant Terms

  • Decriminalization
  • Drug paraphernalia
  • Residual amount
  • Controlled substances
  • Hypodermic syringe
  • Personal use
  • School zone, park zone, public housing zone
  • Drug treatment facility

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
May 01, 2025SenateFloorActionIntroduction and first reading
May 01, 2025SenateFloorActionReferred toJudiciary and Public Safety

Citations

 
[
  {
    "analysis": {
      "added": [
        "Exemption for residual amounts contained in drug paraphernalia from certain possession crimes."
      ],
      "removed": [],
      "summary": "This bill amends Minnesota Statutes section 152.023, subdivision 2, decriminalizing the possession of residual amounts of controlled substances in drug paraphernalia.",
      "modified": [
        "Clarifies types of drug paraphernalia exempt from possession crimes."
      ]
    },
    "citation": "152.023",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [
        "Exemption for residual amounts in drug paraphernalia from fifth degree possession crimes."
      ],
      "removed": [],
      "summary": "This bill amends Minnesota Statutes section 152.025, subdivision 2, addressing possession crimes related to controlled substances.",
      "modified": [
        "Provides clarification on what constitutes possession of a controlled substance."
      ]
    },
    "citation": "152.025",
    "subdivision": "subdivision 2"
  }
]

Progress through the legislative process

17%
In Committee