Minimum quantity thresholds
The Minnesota Sentencing Commission issued a comprehensive report detailing all of the minimum threshold amounts under the new laws.
Aggravating factors added to new laws
Further, lawmakers created new aggravating factors which serve to reduce the minimum quantity thresholds for certain offenses. Among the ten aggravating factors include prior conviction for a violent crime; the offense was committed as part of a gang; the offense involved interstate or intercountry transfer of a controlled substance into the state; the offense involved the sale of a controlled substance to a minor; the defendant used his/her position or status to facilitate commission of the crime; and the offense occurred in or near a school, park, correctional facility, or drug treatment facility.
The legislature also created a firearm provision that operates similarly to the aforementioned aggravating factors, thus reducing minimum thresholds and targeting more serious offenders. Additionally, this provision differs from the state’s preexisting firearm sentencing enhancement.
Mandatory minimum sentences
The new laws also expanded the use of mandatory minimum sentences. Where, previously, mandatory minimums were triggered with a defendant’s prior drug conviction, now mandatory minimums are triggered based on the quantity of the drug, whether the defendant possessed a firearm, a previous first- or second-degree drug conviction, or application of aggravating factors to a first-degree offense.
Here is a valuable legal resource that details the specifics of these factors in determining whether mandatory minimum sentences will be applied.
Expanded eligibility for statutory stays of adjudication
A stay of adjudication for a felony occurs when an offender pleads guilty but the conviction is not entered onto his/her criminal record as long as s/he successfully completes probation, treatment, or any other provision handed down by the judge. Upon successful completion, the charges are dismissed. However, the arrest remains on record.
One of the largest changes in Minnesota drug laws is the expanded eligibility for stays of adjudication. Whereas previously, only first-time offenders convicted of fifth-degree possession were eligible, under the new law, third- through fifth-degree possession offenses may be considered provided the defendant does not have any prior diversion adjudication or felony drug conviction with the previous ten years. Further, in some cases, a statutory stay of adjudication is mandatory.
The bottom line
All of these changes—increased quantity thresholds, stricter mandatory minimum sentences, and expanded eligibility for statutory stays of adjudication all seek to target drug kingpins over addicts to keep serious offenders off the streets longer while ensuring that fewer addicts are sent to jail or prison.