After weeks of debating and compromising, law enforcement members, defense attorneys and lawmakers have reached an agreement to revamp drug laws and sentencing guidelines for the first time in 27 years.
There was much debate about revamping the drug sentencing laws from both sides. Many people felt that first-time offenders were treated like hardened criminals under the old sentencing guidelines, while others felt that first-time offenders should not get leniency if their crime was extreme.
Eventually the two sides were able to come up with some revisions, which can be seen below.
Proposed Changes to Drug Laws in Minnesota
Here’s a look at the proposed compromises:
- Lowering the general sentencing guidelines for all drug crimes, regardless of degree. For example, the sentence for first-degree sales and possession would fall from seven years to five and a half years.
- The amount of drugs found to trigger a charge has been increased for drugs like meth and cocaine. This is meant to prevent low level drug users from being punished at the same level of dealers. First degree possession of hard drugs has been increased from possession of 50 kg to possession of 100 kg.
- That said, the 100 kg requirement for first-degree possession of marijuana has actually been lowered to 50 kg. Defense attorneys conceded that the 100 kg threshold was much higher than many states.
- “Trace” amounts of drugs now includes anything up to 1 dosage unit – like a pill or a quarter-gram of cocaine or meth. Possession of trace amounts now become a gross misdemeanor, rather than a felony for first offense.
- Drug sentences for “kingpin” dealers will become unalterable, even by a judge.
- Mandatory penalties for lesser-degree drug crimes will be eliminated. That’s not to say people won’t be punished, but it allows judges to have more leniency and put forth appropriate sentences based on the specific situation.
- Stays of adjudication will only be mandatory for first-offense, fifth-degree drug convictions. Stays would be permissible but not mandatory for third- and fourth-degree drug crimes.
State Sen. Ron Latz, DFL-St. Louis Park, called the new sentencing guidelines something that “treats addicts like addicts instead of hardened criminals,” later adding that, “the ones that really need to be in prison will be going to prison.”
