Text: August 7, 2023The Honorable Tim WalzGovernor of Minnesota130 State Capitol75 Rev. Dr. Martin Luther King Jr. Blvd.St. Paul, MN 55155The Honorable Melissa HortmanSpeaker of the House of RepresentativesMinnesota House of Representatives463 State Office BuildingSt. Paul, MN 55155The Honorable Kari DziedzicSenate Majority LeaderMinnesota Senate3113 Minnesota Senate BuildingSt. Paul, MN 55155via electronic deliveryDear Governor Walz, Speaker Hortman, and Majority Leader Dziedzic:We are disappointed in your unwillingness to address glaring defects in the 2023 MarijuanaLegalization law. In the days since our initial letter, it has become clearer that MinnesotaDemocrats still do not understand the full implications of the new law - particularly when itcomes to keeping kids away from drugs.In addition to Democrats' stated intent of decriminalizing marijuana consumption for minors, thelegalization bill contains additional dangerous gaps, contradictions, and loopholes as it relates toconsumption of marijuana products:HF 100 Incentivizes Minors to Consume Marijuana. The bill's author, Sen. Lindsey Port,stated in an interview with MinnPost that decriminalization for young people was "intentional"and that "prohibition doesn't work." Once outraged parents and community leaders startedasking questions, the tune changed and supporters began claiming that a non-criminal statutorypenalty applies to youth marijuana consumption.Without reinstatement of clear consequences, law enforcement is left to wonder whether thedefault penalty statute is a viable avenue for punishing minor consumption - and whether theequivalent of a parking ticket is really a deterrent.Moreover, decriminalizing marijuana for kids results in a peculiar disparity in the state'spenalties for underage consumption of marijuana and alcohol, the latter of which is punishable asa misdemeanor or even a gross misdemeanor in some circumstances. The preferential treatmentof marijuana products in HF 100 may create a legal incentive for minors to use the drug.HF 100 Reduces Penalties for Illegal Sale to Minors. The House author of HF 100, Rep. ZackStephenson, claims the bill includes severe penalties for selling marijuana products to underagepersons. However, the bill's penalties for illegal sale to minors are significantly lighter comparedto the former penalties under the controlled substance act.The previous punishment for the illegal sale of marijuana to a person under 18 years of age wasup to 20 years imprisonment and a penalty of up to $250,000.The new penalties for illegal sale, including to a minor, range from up to one to five years ofimprisonment and a penalty of up to $3,000 to $10,000 depending on the age disparity betweenthe seller and buyer. It's clear that, contrary to Rep. Stephenson's statements, HF 100significantly reduced the penalties for selling drugs to minors. Minn. Stat. 152.023, Minn. Stat.152.0264.HF 100 Enables Criminals Who Exploit Minors. HF 100 imposes only a petty misdemeanoror misdemeanor for the illegal sale of marijuana products if the seller is a minor. Anyone can seethis slap-on-the-wrist penalty will encourage organized criminals to exploit teenagers and youngadults as sellers in the illegal market.HF 100 Lets Negligent Adults Off the Hook. For decades, Minnesota's alcohol regulationshave imposed civil liability on adults who allow underage kids to get drunk on their property andthe underage kid causes harm to another person. Minn. Stat. 340A.90. Social host liability lawsare an important deterrent against reckless situations where adults allow underage kids to getdrunk and drive.HF 100 fails to extend the same liability to parents and other adult hosts who allow kids to gethigh on marijuana products and drive or engage in other behavior that results in harm or death.HF 100 Makes It Easier to Get Away with Driving While High. According to new reportingby Peter Callaghan of MinnPost, HF 100 exacerbated a loophole for marijuana-impaired drivers.Attorneys are already advising drivers to, absent a warrant, refuse field sobriety and blood teststhat are vital to convicting high drivers given the lack of a breath test equivalent for marijuana.Prior to passage, it was widely noted that HF 100's timeline for marijuana legalization was farahead of law enforcement technology. Nevertheless, the bill was pushed along into law. Now theconsequences will come home to roost - putting Minnesota's youth at even greater risk.We believe in rehabilitation, treatment, and second chances, but HF 100 provides no seriouspenalties of last resort for illegal possession, consumption, or sale by a minor. And it enablesadults to exploit minors or act in a negligent manner toward minor intoxication. Reinstatingserious penalties will show that our state takes underage consumption seriously and does nottolerate the exploitation of young people for illegal drug trafficking.HF 100 is poorly crafted, inconsistent, and in need of immediate remedy to avoid preventabledamage. Please don't let partisan allegiances get in the way of resolving issues that are importantto parents, law enforcement, and community leaders across our state.Sincerely,Peggy ScottState Representative, District 31BLisa DemuthHouse Minority LeaderPaul TorkelsonState Representative, District 37A John BurkelState Representative, District 1ABernie Perryman State Representative, District 14A Dean UrdahlState Representative, District 16AThomas Murphy State Representative, District 9B Jeff Dotseth State Representative, District 11AGreg Davids State Representative, District 28B Brian Daniels State Representative, District 19AJoe Schomacker State Representative, District 21A Pam AltendorfState Representative, District 20ARon Kresha State Representative, District 10A Mary Franson State Representative, District 12BPaul Novotny State Representative, District 30B Marj Fogelman State Representative, District 21BKristin Robbins State Representative, District 37A Jon Koznick State Representative, District 57AKrista Knudsen State Representative, District 05A Nathan Nelson State Representative, District 11Joe McDonald State Representative, District 29A Brian Johnson State Representative, District 28AIsaac Schultz State Representative, District 10B John Petersburg State Representative, District 19BWalter Hudson State Representative, District 30A Mike Wiener State Representative, District 5BDebra Kiel State Representative, District 1B Bobbie Harder State Representative, District 17BAndrew Myers State Representative, District 45A Mark WiensState Representative, District 41A