09-53Council File # 0���
Green Sheet # ;� (� �
OF
Presented by
RESOLUTION
NT PAUL, MINNESOTA
a�
1 WITEREAS, adverse action was initiated against the Tasicab Driver (Provisional) license
2 application submitted by Patrick James Green (License ID #20080004132) for the City of St. Paul by
3 Notice of Intent to Deny License dated December 4, 2008, alleging iicensee was convicted on May 24,
4 2007, of Felony Possession of Methamphetamine 3` Degree in violation of Minn. Stat. § 152.023.213A
5 and Saint Paul Legislative Code §376.16(e) (4); and
6
7 WHEREAS, licensee did not respond to the Notice of Intent to Deny License to contest the
8 allegation, request a public hearing or withdraw his license application; and
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10
11
12
13
14
15
16
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WHEREAS, the Notice of Intent to Deny License stated that if the licensee failed to contest the
allegation, request a public heazing or withdraw his license application by December 15, 2008, that the
matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it
RESOLVED, that the Taxicab Driver (Provisional) license application submitted by Patrick James
Green is hereby denied.
Requested by Department of:
BY �' '�iC��
Form roved by City Attorney
B y' �fA���
Adoption C�e by C cil Secretary
BY� // ///J/b��.F�%�
Approved by Ma r: Date ;�? �/� �
$Y� A.!' i P D n �
Form Approved by Mayor for Submission to Council
BY — - —
Co
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
,, DepartmenU�ce/COUnaI: I, Date Initiated: ,
d 1'�� �
i 51 _Dept.ofSafery&Inspections � 31-DEC-0B ; Green Sheet NO: 3065584
Contacf Person & Phone:
Rachel Tiemey
266-8710
Must Be on Cou
14JAN-09
Doc.Type:RESOLUTION
E-Document Required: Y
Document Cortact Julie Kraus
ContactPhone: 266-8776
� 1
Assign � 2
Number �
For I 3
Routing d
Order I 5
Total # of Signature Pages _(Clip Ali Locations for Signature)
Approval of the attached resolution to take adverse acqon against the Tasicab (Provisional) license application submitted by Patrick
7ames Green (License ID#20080004132) for the City of Saint Paul.
Recommendations: Approve (A) or Reject iR):
Planning Commission
CI8 Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this perso�rm ever worked under a contract for this department?
Yes No
2. Has this person/f rm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current ciry employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Prablem, Issues, Opportunity (Who, What, Wfien, Where, Why):
License was convicted on May 24, 2007 of Felony Possession of Methamphetamine 3rd Degree in violaqon of Minn. Stat. 5ection
152.023.213A and Saint Paul Legislative Code Section 376.16(e)(4). After norification, licensee did not respond to the Not�ce of
Intent to Deny License.
AdvanWges 1f Approved:
License Denial
DisadvaMages If Approved:
None
Disadvantages If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financiallnformation:
(Explain)
CostlRevenue Butlgeted:
Activity Number:
January 2, 2009 9:20 AM Page 1
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SAINi
P^U� CITY OF SAINT PAUL
� Christopher B. Coleman, Mayor
AAAA
December 4, 2008
OFFICE OF THE CITY ATTORNEY
John J Choi, City Aaamey
CivilDrvisian
400CityHa71 Telephone:6512668770
15WestKellaggBh�d Facsimrle:65129&5619
SaixtPaul, Minnesom 55/02
NOTICE OF INTENT TO DENY LICENSE
Patrick James Green
194 North McCarzons Boulevard, Apt. #4
Roseville, MN 55113
RE: T�icab Driver (Provisional) license application submitted by Patrick James Green
for the City of Saint Paul
License ID #: 20080004132
Dear Mr. Green:
The Department of Safety and Inspections (DSI) has recommended deniai of the TaYicab Driver
(Provisional) license application submitted by Patrick James Green for the City of Saint Paul
The basis for the recommendation is as foilows:
During a required check of your criminal history, it was discovered that on
May 24, 2007, yon were convicted of Felony Possession of Methamphetamine
3� Degree (Minn. Stat. §152.023.213A). This is a violation of Saint Paul
Legislarive Code §37616 (e) (4) which states: "Eligibility to be licensed to
operate a tnxicab shall be as follows: Shall not be under sentence or have been
discharged from sentence for a fe[ony conviction within the ten (IO) years
immediately preceding application for a ticense for the following offenses:......
any violation of the controlled substance law (§I52 et al) which is punishable by a
maximum sentence of fifleen (IS) years or more; as allowed under Minn. Stat
�364.09."
At this fime, you have three options on how to proceed:
If you wish to admit the facts but contest the penalty, you may have a public hearing before the
Saint Paul City Council, you will need to send me a letter with a statement admitting the facts
and requesting a public heazing. We will need to receive your letter by Monday, December 15,
2008. The matter will then be scheduled before the City Council for a public heazing to
determine whether to deny your license. You will have an opportwuty to appear before the
Council and make a statement on your own behalf.
Pah 7ames Green
December 4, 2008
Page 2
by-�'�
2. If you dispute the above facts, or wish to present evidence that the conviction is not related to
your license as a taYicab driver, or that you have been rehabilitated pursuant to Minn. Stat.
§364.01 et seq, a hearing will be scheduled before an Administrative Law Judge. At that hearing
both you and the City will be able to appeaz and present witnesses, evidence and cross-examine
the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your
choice, please advise me by letter no later than Monday, December 15, 2008.
3. You may withdraw your license application. Send a written statement to that effect to the
Department of Safety and Inspections (DSI}, 375 Jackson Street, Ste. 220, St. Paul, Minnesota
55101-1806 no later than Monday, December 15, 2008. Information should be d'arected to the
attention of Christine Rozek. Any request foi a refund of the license application fee must also be
made in writing to the Departsnent of Safety and Inspections.
If you have not contacted me by that date, I will assume that you do not contest the denial
nf your license. In that case, the matter will be placed on the CounciPs Consent Agenda for
approval of the recommended penalty.
If you have questions about these options, please feel free to contact me at 266-8710.
Sincerely,
� �.. � �,(,�/�
"J
Rachei Tierney
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
Rich 3ents, DSI
STATE OF MINNESOT�
) ss. AFFIDAVIT OF SEl_ . iCE BY U.S. MAIL
COUNTY OF RAMSEY )
0�!'��
Julie Kraus, being fust duly swom, deposes and says that on the 4�' day of December, she served
the attached NOTICE OF INTENT TO DENY LICENSE by piacing a true and correct copy
thereof in an envelope addressed as follows:
Patrick James Green
194 North McCarrons Boulevazd, Apt. #4
Roseville, MN 55113
(which is the last known address of said person) deposiling the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
� `
Z
Julie Kraus
Subscribed and sworn to before me
this 4�' day of December, 2008
: GLri
Not Fublic
RiTA M BOSSARD
hpTARY PUBIIC - MINPlE50TA
MYGOMMISSiON �
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Page 1 of 2
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Logc�t Seamh (J,2nu Ne�v Gimina3�Trz5icfP2tty Search Back
REGISTER OF ACTIONS
CasE No. 62-KS-07-000129
The Sqte ot Minnesota vs. PATRICK JAMES GREEN, [010507] §
§
§
§
§
Defendant GREEN, PATRICK JAMES
ROSEVILLE, MN 55113
Male
11/03/1956
Locaufln . AII �,NCiS Sues - Case Sezrch Help
Case Type:
Date Filed:
Location:
Felony
01Po0/2007
Ramsey
CriminaVTra�c/Periy
Downtown
Lead Attomeys
KITTRIDGE, PATRICK ANT
Public Defender
Juristliction State of MinnesoW
HOLLIHAN, DANIEL J
CHARGEINFORMAT[ON
Charges: GREEN, PATRICK JAMES
1. (TCIS Amended Charge) POSS METH 3RD DEGREE
(Not applicable - GOC)
SWtute Level �ate
152A23213A Conveded: Offense LAt/OS/2007
EVENTS & ORDERS OF Tf[E COURT
04/09/2007
05/24/2007
O5/24/2007
IDISPOSITIONS
I Plea (Judlciai Officer: Judge. Presiding)
. 1. (TCIS Amended Charge) POSS METH 3RD DEGREE (Not applicable - GOC)
Guilty
� Disposition (Judicial Officer: Judge, Presiding)
1. (TCIS Amended Charge) POSS METH 3RD DEGREE (Not applicable - GOC)
Convicted
EXE OF SNT COC 31 MOS CUS CRD 190 DYS, $150+pSN ERN
COMMIT FROM COURT BAL
Converted Disposition.
Finea: 5150.�0
Surcharge: $76.00
Converted Disposition:
Other Count Provisions:
365: Cxetlit w/time Srvd
338: Fine and/or Costs
Converted Disposition:
Comments:
verted TCIS Criminal Sentence (Judicial Offcer Flynn, Paulette K.)
(TCIS Amended Charge) POSS METH 3RD DEGREE (NOt applicable - GOC)
Converted Disposition:
Pronounced: 31 Months
Confinement NCIC: MN062015C - Mn. Dept. of Corr. - St. Paul
OTHER EVENTS AND HEARINGS
01/10/2007 1st Appearence District Court (121 PM) (Judicial Officer Fetsch, Michael F.)
Result: ConveAed Adivity Status Flag Occurred
01/10/2007 DOC-Document Filed
01/10l2007 DOC-DOCUment Filed
�1/10l2��7 F�D-Case Filed
Ot/10/2007 WAR-Warrant Issued
0'I/10/2007 WRC-Recall Warrent
01/24/2007 Hearing (1:15 PM) (Judicial Officer Fetsch, Michael F.)
Resutt: Converted Activity Status Flag Occurred
O V24/2007 CANCELED Omnibus Hearing (1:15 PM) (Judicial OFficer FeGsch, Michael F.)
Other
01/31/2007 DOC-DOCUmentFiled
Ot/31/2007 DOC-DocumentFiled
http://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=672307776 11/20/2008
Page 2 of 2
0,i3„2���
01/31/2007
02/14/2007
03/01 /2007
03/08/2007
03/09/2007
04/09/2007
04/09/2pD7
04/09/2007
04/09l2�07
04/09/2007
04/25/2007
OS/24/2007
OSi24/2007
OS/24/2007
OS/24/2007
Omnibus Hearing (1:15 PM) (JUdicial OfficerAwsumb, Ropert)
Result: Converted Activity Status Flag Occurred
ORD-Order
DOGDOCUment Filed
Pre-triai (9:00 AM) (Judicial Officer Flynn, Paulette K.)
Result Converted Adiv'iry Status Flag Occurred
Pre4rial (9:00 AM) (Judicial Officer Flynn, Paulette K.)
ResuVt ConveAed Activity Status Flag Occurred
DOC-Document Filed
CANCELED Jury Trial (9:00 AM) (Judiciai Officer Ftynn, Paulette K.)
Other
ORD-Order
Plea Hearing (9:00 AM) (Judicial Officer Flynn, Paulette K.)
Result Converted AUivity Status Flag Occurred
PSO-Pre-Sentence Investigation Ordered
PTN-Petition
DOC-Document Filed
AUD-Pass to Auditor
DOC-Document Filed
Sentencing (1:30 PM) (Judicial �cer Flynn, Paulette K)
Result Conveded Activily Status Flag Qccurred
6�1-��
FlNANCIAl INFORMATION
Defend aM GREEN, PATRICK JAMES
T otal Financial Assessment
T otal Payments and Credits
Bal ance Due as of 1'I/20/2008
05/24/2007I T ransadion
Assessment
http://pa.courts. state.mn.us/CaseDetail.aspx?CaseID=672307776
228 00
0.00
228.00
228.00
11/20/2008
Chapter 376. Tasicabs*
Sec. 376.16. Taxicab driver's license.
Page 1 of 4
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(a) License required. Effective March 15, 1991, no person shall drive a taxicab, nor shail any
owner or lessee of a taxicab allow any other person to drive a taxicab, within the city unless that
person has first obtained and displayed a taxicab driver's license under the provisions of this
Code.
(b) Drivers from othe� cities. Any driver licensed to operate a taxicab in another city may carry
passengers from that city to any place within the city and may freely enter and travel upon the
streets for that purpose. In that case, it shali not be deemed necessary for the taxicab driver to
obtain a city license, but the driver shall not be permitted to accept or offer any passenger for
hire in the city, or otherwise operate a taxicab within the city without first obtaining a license
under the provisions of this Code. While within the city, the taxicab driver shall be required to
observe ail of the applicable regulations and conditions of this section and shall have in
possession and display to any person upon demand the license certificate for the taxicab.
(c) License application. Every applicant for a taxicab driver's license shafl fife an application
with the department of safety and inspections. The application shall be made on a form provided
by said division, containing such information as the license inspector may require, including, but
not limited to, a complete emptoyment history, to verify that the terms and conditions of this
chapter have been met. The application shall be signed and sworn to by the applicant. Prior to
the issuance of the license, every licensee shall be photographed. The chief of police or his
representative shalf investigate each applicant and shall forward the results of the application to
the license inspector. Any false statement on the application shall be grounds for deniai, refusal
to renew or revocation of a license.
(d) License fee. The fee required for a license shall be estabiished by ordinance as specified
in section 310.09(b) of the Legislative Code.
(e) Prerequisites to license. Eligibility to be licensed to operate a taxicab shall be as follows:
(1) Possess a valid Minnesota or Wisconsin driver's license;
(2) Be at least eighteen (18) years old;
(3) Be a citizen of the United States, or an alien admitted for permanent residence, or
who has otherwise obtained work authorization from the U.S. Immigration and
Naturalization Service;
(4) Shali not be under sentence or have been discharged from sentence for a felony
conviction withi� the ten (10) years immediately preceding application for a license for
the foilowing offenses: Murder (Minn. Stat. §§609.185 to 609.195), manslaughter (§§
609.20 to 609.205), criminai vehicular homicide and injury (§ 609.21), assauit I--III (§§
609.221 to 609.223), criminal sexual conduct (§§ 609.342 to 609.3451), indecent
conduct (§ 617.23, subd. 2 or 3); or any violation of the controlied substance law (§ 152
et al) which is punishable by a maximum sentence of fifteen (15) years or more; as
allowed under Minn. Stat. § 364.09.
a. The licensee shall not be under sentence or have been discharged from
sentence for any felony conviction within the five (5) years immediately preceding
application for a license, and shall not be under sentence or have been
discharged from sentence for any non-traffic gross misdemeanor or non-traffic
misdemeanor conviction within the three (3) years immediatefy preceding
application for a license.
b. The license inspector may grant, pursuant to Minn. Stat. § 364.03, an
exception to paragraph a. upon evidence that either the offense is not related to
the occupation of taxicab driver, or upon evidence of rehabilitation.
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Chapter 376. Taxicabs*
Page 2 of 4
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c. A person holding a license on the effective date of this section (July 14, 2006)
wiil be disqualified from license renewai only for convictions that occur after the
effective date of this section. However, no licensee wiil be eligible for renewal if
the licensee has any felony convictions in the five (5) years preceding renewal; or
any nontraffic gross misdemeanor or misdemeanor convictions in the three (3)
years preceding renewal involving the use or threat of use of force, possession or
sale of a controlled substance, prostitution or indecent conduct.
(5) Shall have a driving record meeting the foilowing standards:
a. IVo convictions in the {ast ten {10) years for any of the foifowing offenses
involving injury or death; no conviction in the last three (3) years for any of the
foilowing offenses not involving injury or death:
1. Leaving the scene of an accident under Minn. Stat. 609.21, or 169.09,
or similar law of another state or Minnesota law as amended;
2. Driving while impaired under Minn. Stat. § 169A.20, subd.1, or similar
law of another state or Minnesota law as amended.
3. Misdemeanor Reckless Driving under Minn. Stat. § 169.13, subd. 1,
or similar law of another state or Minnesota law as amended;
4. Refusal to submit to a chemical test under Minn. Stat. § 169A.20,
subd. 2.
5. A person holding a license on the effective date of this section (July
14, 2006) will be disqualified from license renewat onfy for convictions
that occur after the effective date of this section. However, no licensee
wiil be eligible for renewal if the Iicensee has any convictions for the
above-listed offenses in the five (5) years preceding renewal or in the
three (3) years preceding renewal if the offense did not involve injury or
death.
b. No prior license revocation within one year immediately preceding application
as defined in Minn. Stat. § 169A.03, subd 21.
c. For originai licensure: No more than four (4) moving violations within the last
three (3) years, and no more than two (2) moving violations in the last year. For
renewal: No more than four (4) moving violations within the last three (3) years
and no more than three (3) moving violations in the last year. A moving violations
shall mean for this subsection those A violation ofi a traffiic regulation but does not
include a parking violation, vehicle equipment violation, or warning citation.
d. Every new applicant shall have at least one (1) year's driving experience as a
licensed driver.
e. An appiicant who has had a driver's license outside the state of Minnesota at
any time during the ten (10) years prior to application shall submit a copy of that
applicanYs driving record from that state.
f. Upon submission of proof of suitability and evidence of insurabiiity, the license
inspector may waive one (1) or more of the requirements listed above; provided,
that any such waiver shall indicate the grounds for the inspector's decision and
shall be approved by the director of the department of safety and inspections.
(6) Have a demonstrated knowiedge of the provisions of the taxicab ordinance relating
to the conduct of taxicab drivers and the operation of a taxicab.
(7) Failure to apply for renewal of any taxicab operator's license within thirty (30) days
after expiration shail be deemed an abandonment of the licensee's right to such renewal.
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Chapter 376. Taxicabs*
Page 3 of 4
b`i'��
(8) For any driver seeking originai licensure, or any driver whose taxi license has
lapsed for more than one (1) year if the driver never completed the taxicab driver training
course, or whose taxi license has lapsed for more than two (2) years if the driver
previously compieted the taxicab driver training course, or as deemed necessary by the
license inspector: shali have successfully completed the taxica6 driver training course as
set forth in section 376.17.
(� Duty to exhibit license. Effective March 15, 1991, every taxicab driver while on duty shail
display the front of his or her taxicab driver's license on the dashboard of the vehicle in a
focation readify visible to passengers, which ticense displays the driver's photograph and license
number on the front in a manner approved by the license inspector. In addition to any other
pena4ties, a deputy inspector or police officer may order the licensee to discontinue operations
until such time as the licensee has a license in possession.
(g) /ssuance of license. Each taxicab driver's license shall have upon it a number by which the
license shall be designated, a photograph of the licensee, and such other information as the
license inspector may require. The license inspector may issue licenses for a term of less than
one (1) year for a prorated initial fee in order to evenly distribute license expiration dates
throughout the year.
(h) Requirement of va(id Minnesota or Wisconsin driver's license. Any time that a licensee's
Minnesota or Wisconsin driver's license is suspended, revoked or canceled, his or her taxicab
driver's license shall likewise be immediately suspended, revoked or canceled. No person shal4
operate a taxicab without a valid Minnesota or Wisconsin driver's license.
(i) Renewais. A taxicab driver's ticense shall be issued annually. The license inspector may
cause the renewal of a taxicab driver's license from year to year by appropriate endorsement
upon the apptication for renewal and payment of an annuai fee as set forth in Saint Paul
Legislative Code section 310.18. The driver shal� make such renewal application upon a form to
be furnished by the department of safety and inspections. The renewal form shail be filled out
with the full name and address of the applicant, together with the date and number of the
original license. If a driver has not been licensed in the previous license year, he or she shatl be
considered a new applicant.
Q) Suspension, revocation and nonrenewaL A taxicab driver's license may be revoked,
suspended or not renewed by the license inspector at any time for cause pursuant to the
provisions of this chapter and chapter 310 of the Legislative Code. When a taxicab driver's
license has been revoked or suspended, it shall immediately be returned to the department of
safiety and inspections. If the city council stipulates that a licensee whose taxicab driver's Iicense
has been revoked may reapply after a specific period of time has elapsed, that period of time
shail not commence until the taxicab drivers license has been returned to the department of
safety and inspections.
(k) Revocation of state driver's license; limited /icenses; impaired driving conviction.
(1) Any person holding a taxicab driver's license whose Minnesota or Wisconsin
driver's license is suspended, canceled or revoked for any reason shali immediately
surrender his or her taxicab driver's license to the department of safety and inspections.
The taxicab driver's license shall be returned to the licensee upon reinstatement of the
Minnesota or Wisconsin driver's license or issuance of a limited license authorizing
operation of a taxicab; provided, however, that suspension, cancellation or revocation of
a Minnesota or Wisconsin driver's license due to refusai to submit to a legally required
blood alcohol test under the state impiied consent statute shall be grounds for the
revocation, nonissuance or nonrenewal of the taxicab driver's license.
(2) Any ficensed taxicab driver whose Minnesota or Wisconsin driver's license has been
revoked and who has been issued a limited license authorizing the operation of a taxicab
shall immediately notify the department of safety and inspections of the same. At that
http://library4.municode.com/4472/DocView/10061/1/317/384 12/3/2008
Chapter 376. Ta�cabs* Page 4 of 4
b�1-�i�
time, the licensee shall fumish to the license inspector a copy of the limited license and a
written statement containing a schedule of the days and hours of each day during which
he or she wiil be driving a taxicab during the term of the limited license. No deviation
from the schedule shall be permitted. In addition, the ticensee shall personally furnish to
the license inspector copies of aii trip sheets for all shifts worked during the term of the
limited license.
(3) Any person hoiding a taxicab driver's license shall notify the department of safety
and inspections immediately whenever he or she is convieted of an impaired driving
offense.
(4) Refusal to take and/or failure to pass a chemical test administered pursuant to
169A.51 while on duty shall be grounds for revocation of a taxicab driver's license.
(5) Failure to comply with the provisions of this section shall be grounds for revocation
of a taxicab driver's license.
(I) Notification of change of address. Any person holding a taxicab driver's license, shall notify
the department of safety and inspections immediately whenever he or she has a change of
address.
(Ord. No. 17767, § 1, 9-18-90; C.F. No. 94-199, § 16, 3-23-94; C.F. No. 96-486, §§ 2-4, 6-26-96; C.F.
No. 97-870, § 1, 8-13-97; C.F. No. 99-231, § 1, 5-12-99; C.F. No. 00-574, § 1, 7-12-00; C.F. No. 03-
123, § 1, 3-5-03; C.F. No. 04-187, § 1, 3-3-04; C.F. No. 05-823, § 1, 9-28-05; C.F. No. 06-461, § 1, 6-
14-06; C.F. No. 07-149, § 127, 3-28-07)
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152.023, 2008 Minnesota St�`
2008 Minnesota Statutes
Page 1 of 1
6K���
152.023 CONTROLLED SUBSTANCE CRIIVIE IN THE THII2D DEGREE.
Subdivision 1. Sale crimes. A person is guilty of controlled substance crnne in the third deg
(1) the person unlawfully sells one or more mixtures containing a narcoric drug;
(2) on one or more occasions within a 90-day period the person unlawfully sells one or more
hallucinogen, it is packaged in dosage units, and equals ten or more dosage units;
(3) the person unlawfully sells one or more mixtures containing a controlled substance classi:
or II narcotic drug, to a person under the age of 18;
(4) the person conspires with or employs a person under the age of 18 to unlawfully sell one �
substance listed in schedule I, II, or III, except a schedule I or II narcotic drug; or
(5) on one or more occasions within a 90-day period the person unlawfully selis one or more
more containing marijuana or Telrahydrocannabinols.
Subd. 2. Possession crimes. A person is guilty of controlled substance crime in the third de€
(1) on one or more occasions within a 90-day period the person unlawfully possesses one or �
or more containing cocaine, heroin, or methamphetamine;
(2) on one or more occasions within a 90-day period the person unlawfully possesses one or �
more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
(3) on one or more occasions within a 90-day period the person unlawfuliy possesses one or �
packaged in dosage units, and equals 50 or more dosage units;
(4) on one or mare occasions within a 90-day period the person unlawfixlly possesses any am
or more dosage units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 3
schooi zone, a park zone, a public housing zone, or a drug treatment facility;
(5) on one or more occasions within a 90-day period the person unlawfully possesses one or �
kilograms or more containing marijuana or Tetrahydrocannabinols; or
(6) the person unlawfully possesses one or more mixtures containing metl�ainphetamine or az
public housing zone, or a drug treatment facility.
Subd. 3. Penalty. (a) A person convicted under subdivision 1 or 2 may be sentenced to impr
payment of a fine of not mare than $250,000, ar both.
(b) If the conviction is a subsequent controlled substance convicrion, a person convicted unda
commissioner of corrections for not less than two years nor more than 30 years and, in addition, �r
more than $250,000.
(c) In a prosecution under subdivision 1 or 2 involving sales or acts of possession by the sam�
day period, the person may be prosecuted in any county in which one of the sales or acts of posses
History: 1989 c 290 art 3 s 10; 1990 c 602 art 7 s 3,4; 1991 c 199 art 1 s 54; 1991 c 279 s 5;
7, 1995 c 244 s 3; 1997 c 239 art 4 s 9-Il; 1998 c 367 art 4 s 3, 1Sp2001 c 8 art 8 s 3
https:((www.revisor.leg.state.mn.us/statutes/?id=152.023 12l3/2008