| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 1.1 A bill for an act | |
| 2 | 2 | 1.2 relating to cannabis; establishing the Office of Cannabis Management; establishing | |
| 3 | - | 1.3 | |
| 3 | + | 1.3 advisory councils; requiring reports relating to cannabis use and sales; legalizing | |
| 4 | 4 | 1.4 and limiting the possession and use of cannabis and certain hemp products by | |
| 5 | 5 | 1.5 adults; providing for the licensing, inspection, and regulation of cannabis businesses | |
| 6 | - | 1.6 and hemp businesses; | |
| 7 | - | 1.7 | |
| 8 | - | 1.8 | |
| 9 | - | 1.9 | |
| 10 | - | 1.10 | |
| 11 | - | 1.11 | |
| 12 | - | 1.12 | |
| 13 | - | 1.13 | |
| 14 | - | 1.14 | |
| 15 | - | 1.15 | |
| 16 | - | 1.16 | |
| 17 | - | 1.17 | |
| 18 | - | 1.18 | |
| 19 | - | 1.19 | |
| 20 | - | 1.20 | |
| 21 | - | 1.21 | |
| 22 | - | 1.22 | |
| 23 | - | 1.23 | |
| 24 | - | 1.24 | |
| 25 | - | 1.25 | |
| 26 | - | 1.26 | |
| 27 | - | 1.27 | |
| 28 | - | 1.28 | |
| 29 | - | 1.29 | |
| 30 | - | 1.30 | |
| 31 | - | 1.31 | |
| 32 | - | 1.32 | |
| 33 | - | 1.33 | |
| 34 | - | 1.34 | |
| 35 | - | 1.35 subdivisions | |
| 36 | - | 1.36 | |
| 37 | - | 1.37 | |
| 38 | - | 1.38 | |
| 6 | + | 1.6 and hemp businesses; requiring testing of cannabis flower, cannabis products, and | |
| 7 | + | 1.7 certain hemp products; requiring labeling of cannabis flower, cannabis products, | |
| 8 | + | 1.8 and certain hemp products; limiting the advertisement of cannabis flower, cannabis | |
| 9 | + | 1.9 products, and cannabis businesses, and hemp businesses; providing for the | |
| 10 | + | 1.10 cultivation of cannabis in private residences; transferring regulatory authority for | |
| 11 | + | 1.11 the medical cannabis program; taxing the sale of cannabis flower, cannabis | |
| 12 | + | 1.12 products, and certain hemp products; establishing grant and loan programs; | |
| 13 | + | 1.13 clarifying the prohibition on operating a motor vehicle while under the influence | |
| 14 | + | 1.14 of certain products and chemicals; amending criminal penalties; establishing | |
| 15 | + | 1.15 expungement procedures for certain individuals; requiring reports on expungements; | |
| 16 | + | 1.16 providing for expungement of certain evictions; clarifying the rights of landlords | |
| 17 | + | 1.17 and tenants regarding use of certain forms of cannabis; establishing labor standards | |
| 18 | + | 1.18 for the use of cannabis flower, cannabis products, and certain hemp products by | |
| 19 | + | 1.19 employees and testing of employees; providing for the temporary regulation of | |
| 20 | + | 1.20 certain edible cannabinoid products; providing for professional licensing | |
| 21 | + | 1.21 protections; providing for local registration of certain cannabis businesses and | |
| 22 | + | 1.22 hemp businesses operating retail establishments; amending the scheduling of | |
| 23 | + | 1.23 marijuana and tetrahydrocannabinols; classifying data; making miscellaneous | |
| 24 | + | 1.24 cannabis-related changes and additions; making clarifying and technical changes; | |
| 25 | + | 1.25 appropriating money; amending Minnesota Statutes 2022, sections 13.411, by | |
| 26 | + | 1.26 adding a subdivision; 13.871, by adding a subdivision; 34A.01, subdivision 4; | |
| 27 | + | 1.27 144.99, subdivision 1; 144A.4791, subdivision 14; 151.72; 152.01, by adding | |
| 28 | + | 1.28 subdivisions; 152.02, subdivisions 2, 4; 152.021, subdivisions 1, 2; 152.022, | |
| 29 | + | 1.29 subdivisions 1, 2; 152.023, subdivisions 1, 2; 152.024, subdivision 1; 152.025, | |
| 30 | + | 1.30 subdivisions 1, 2; 152.11, subdivision 2; 152.22, by adding subdivisions; 152.29, | |
| 31 | + | 1.31 subdivision 4, by adding a subdivision; 152.30; 152.32; 152.33, subdivision 1; | |
| 32 | + | 1.32 169A.03, by adding subdivisions; 169A.20, subdivision 1; 169A.31, subdivision | |
| 33 | + | 1.33 1; 169A.51, subdivisions 1, 4; 169A.72; 175.45, subdivision 1; 181.938, subdivision | |
| 34 | + | 1.34 2; 181.950, subdivisions 2, 4, 5, 8, 13, by adding a subdivision; 181.951, | |
| 35 | + | 1.35 subdivisions 4, 5, 6, by adding subdivisions; 181.952, by adding a subdivision; | |
| 36 | + | 1.36 181.953; 181.954; 181.955; 181.957, subdivision 1; 244.05, subdivision 2; 245C.08, | |
| 37 | + | 1.37 subdivision 1; 256.01, subdivision 18c; 256B.0625, subdivision 13d; 256D.024, | |
| 38 | + | 1.38 subdivisions 1, 3; 256J.26, subdivisions 1, 3; 270B.12, by adding a subdivision; | |
| 39 | 39 | 1 | |
| 40 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT | |
| 41 | - | State of Minnesota | |
| 40 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT | |
| 41 | + | 213 | |
| 42 | + | Printed | |
| 43 | + | Page No.State of Minnesota | |
| 42 | 44 | This Document can be made available | |
| 43 | 45 | in alternative formats upon request | |
| 44 | 46 | HOUSE OF REPRESENTATIVES | |
| 45 | 47 | H. F. No. 100 | |
| 46 | 48 | NINETY-THIRD SESSION | |
| 47 | 49 | Authored by Stephenson; Hanson, J.; Hortman; Long; Gomez and others01/05/2023 | |
| 48 | 50 | The bill was read for the first time and referred to the Committee on Commerce Finance and Policy | |
| 49 | 51 | Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law01/17/2023 | |
| 50 | 52 | Adoption of Report: Amended and re-referred to the Committee on Environment and Natural Resources Finance and Policy01/23/2023 | |
| 51 | 53 | Adoption of Report: Re-referred to the Committee on Labor and Industry Finance and Policy01/25/2023 | |
| 52 | 54 | Adoption of Report: Amended and re-referred to the Committee on State and Local Government Finance and Policy01/30/2023 | |
| 53 | 55 | Adoption of Report: Re-referred to the Committee on Agriculture Finance and Policy02/01/2023 | |
| 54 | 56 | Adoption of Report: Amended and re-referred to the Committee on Workforce Development Finance and Policy02/06/2023 | |
| 55 | 57 | Adoption of Report: Amended and re-referred to the Committee on Human Services Policy02/09/2023 | |
| 56 | 58 | Adoption of Report: Amended and re-referred to the Committee on Education Finance02/15/2023 | |
| 57 | 59 | Adoption of Report: Re-referred to the Committee on Health Finance and Policy02/20/2023 | |
| 58 | 60 | Adoption of Report: Re-referred to the Committee on Public Safety Finance and Policy02/27/2023 | |
| 59 | 61 | Adoption of Report: Amended and re-referred to the Committee on Economic Development Finance and Policy03/06/2023 | |
| 60 | 62 | Adoption of Report: Re-referred to the Committee on Transportation Finance and Policy03/09/2023 | |
| 61 | 63 | Adoption of Report: Re-referred to the Committee on Commerce Finance and Policy03/15/2023 | |
| 62 | 64 | Adoption of Report: Amended and re-referred to the Committee on Taxes03/27/2023 | |
| 63 | 65 | Adoption of Report: Amended and re-referred to the Committee on Ways and Means04/04/2023 | |
| 64 | - | Adoption of Report: Placed on the General Register as Amended and Read for the Second Time04/19/2023 | |
| 65 | - | Calendar for the Day, Amended; Read Third Time as Amended; Bill was laid on the Table as Amended04/24/2023 | |
| 66 | - | Bill was taken from the Table as Amended; Passed by the House and trasmitted to the Senate to include Floor Amendments04/25/2023 | |
| 67 | - | Returned to the House as Amended by the Senate, House refused to concur and a Conference Committee was appointed05/01/2023 | |
| 68 | - | Conference Committee Report Adopted; Read Third Time as Amended by Conference and Repassed05/18/2023 2.1 subdivision 1; 256.01, subdivision 18c; 256B.0625, subdivision 13d; 256D.024, | |
| 69 | - | 2.2 subdivisions 1, 3; 256J.26, subdivisions 1, 3; 270B.12, by adding a subdivision; | |
| 70 | - | 2.3 270C.19, by adding a subdivision; 273.13, subdivision 24; 275.025, subdivision | |
| 71 | - | 2.4 2; 290.0132, subdivision 29; 290.0134, subdivision 19; 297A.61, subdivision 3; | |
| 72 | - | 2.5 297A.67, subdivisions 2, 7, by adding a subdivision; 297A.70, subdivisions 2, 4, | |
| 73 | - | 2.6 18; 297A.85; 297D.01; 297D.04; 297D.06; 297D.07; 297D.08; 297D.085; 297D.09, | |
| 74 | - | 2.7 subdivision 1a; 297D.10; 297D.11; 340A.402, subdivision 1; 340A.412, subdivision | |
| 75 | - | 2.8 14; 360.0752, subdivision 2; 461.12, by adding a subdivision; 484.014, subdivision | |
| 76 | - | 2.9 3; 504B.171, subdivision 1; 609.135, subdivision 1; 609.2111; 609.2112, | |
| 77 | - | 2.10 subdivision 1; 609.2113, subdivisions 1, 2, 3; 609.2114, subdivisions 1, 2; | |
| 78 | - | 2.11 609.5311, subdivision 1; 609.5314, subdivision 1; 609.5316, subdivision 2; | |
| 79 | - | 2.12 609A.01; 609B.425, subdivision 2; 609B.435, subdivision 2; 624.712, by adding | |
| 80 | - | 2.13 subdivisions; 624.713, subdivision 1; 624.714, subdivision 6; 624.7142, subdivision | |
| 81 | - | 2.14 1; 624.7151; proposing coding for new law in Minnesota Statutes, chapters 3; | |
| 82 | - | 2.15 116J; 116L; 120B; 144; 152; 169A; 270C; 289A; 295; 340A; 477A; 504B; 609A; | |
| 83 | - | 2.16 624; proposing coding for new law as Minnesota Statutes, chapter 342; repealing | |
| 84 | - | 2.17 Minnesota Statutes 2022, sections 151.72; 152.027, subdivisions 3, 4; 152.21; | |
| 85 | - | 2.18 152.22, subdivisions 1, 2, 3, 4, 5, 5a, 5b, 6, 7, 8, 9, 10, 11, 12, 13, 14; 152.23; | |
| 86 | - | 2.19 152.24; 152.25, subdivisions 1, 1a, 1b, 1c, 2, 3, 4; 152.26; 152.261; 152.27, | |
| 87 | - | 2.20 subdivisions 1, 2, 3, 4, 5, 6, 7; 152.28, subdivisions 1, 2, 3; 152.29, subdivisions | |
| 88 | - | 2.21 1, 2, 3, 3a, 4; 152.291; 152.30; 152.31; 152.32, subdivisions 1, 2, 3; 152.33, | |
| 89 | - | 2.22 subdivisions 1, 1a, 2, 3, 4, 5, 6; 152.34; 152.35; 152.36, subdivisions 1, 1a, 2, 3, | |
| 90 | - | 2.23 4, 5; 152.37. | |
| 91 | - | 2.24BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: | |
| 92 | - | 2.25 ARTICLE 1 | |
| 93 | - | 2.26 REGULATION OF ADULT-USE CANNABIS | |
| 94 | - | 2.27 Section 1. [342.01] DEFINITIONS. | |
| 95 | - | 2.28 Subdivision 1.Terms.For the purposes of this chapter, the following terms have the | |
| 96 | - | 2.29meanings given them. | |
| 97 | - | 2.30 Subd. 2.Adult-use cannabis concentrate."Adult-use cannabis concentrate" means | |
| 98 | - | 2.31cannabis concentrate that is approved for sale by the office or is substantially similar to a | |
| 99 | - | 2.32product approved by the office. Adult-use cannabis concentrate does not include any | |
| 100 | - | 2.33artificially derived cannabinoid. | |
| 101 | - | 2.34 Subd. 3.Adult-use cannabis flower."Adult-use cannabis flower" means cannabis | |
| 102 | - | 2.35flower that is approved for sale by the office or is substantially similar to a product approved | |
| 103 | - | 2.36by the office. Adult-use cannabis flower does not include medical cannabis flower, hemp | |
| 104 | - | 2.37plant parts, or hemp-derived consumer products. | |
| 105 | - | 2.38 Subd. 4.Adult-use cannabis product."Adult-use cannabis product" means a cannabis | |
| 106 | - | 2.39product that is approved for sale by the office or is substantially similar to a product approved | |
| 107 | - | 2.40by the office. Adult-use cannabis product includes edible cannabis products but does not | |
| 108 | - | 2.41include medical cannabinoid products or lower-potency hemp edibles. | |
| 66 | + | Adoption of Report: Placed on the General Register as Amended04/19/2023 | |
| 67 | + | Read for the Second Time | |
| 68 | + | Calendar for the Day, Amended04/24/2023 | |
| 69 | + | Read Third Time as Amended | |
| 70 | + | Bill was laid on the Table as Amended 2.1 273.13, subdivision 24; 275.025, subdivision 2; 290.0132, subdivision 29; 290.0134, | |
| 71 | + | 2.2 subdivision 19; 297A.61, subdivision 3; 297A.67, subdivisions 2, 7; 297A.70, | |
| 72 | + | 2.3 subdivisions 2, 4, 18; 297A.85; 297D.01; 297D.04; 297D.06; 297D.07; 297D.08; | |
| 73 | + | 2.4 297D.085; 297D.09, subdivision 1a; 297D.10; 297D.11; 340A.412, subdivision | |
| 74 | + | 2.5 14; 484.014, subdivision 3; 504B.171, subdivision 1; 609.2112, subdivision 1; | |
| 75 | + | 2.6 609.2113, subdivisions 1, 2, 3; 609.2114, subdivisions 1, 2; 609.5311, subdivision | |
| 76 | + | 2.7 1; 609.5314, subdivision 1; 609.5316, subdivision 2; 609A.01; 609A.03, | |
| 77 | + | 2.8 subdivisions 5, 9; 609B.425, subdivision 2; 609B.435, subdivision 2; 624.712, by | |
| 78 | + | 2.9 adding subdivisions; 624.713, subdivision 1; 624.714, subdivision 6; 624.7142, | |
| 79 | + | 2.10 subdivision 1; 624.7151; proposing coding for new law in Minnesota Statutes, | |
| 80 | + | 2.11 chapters 3; 116J; 116L; 120B; 144; 152; 169A; 270C; 289A; 295; 340A; 504B; | |
| 81 | + | 2.12 609A; 624; proposing coding for new law as Minnesota Statutes, chapter 342; | |
| 82 | + | 2.13 repealing Minnesota Statutes 2022, sections 151.72; 152.027, subdivisions 3, 4; | |
| 83 | + | 2.14 152.21; 152.22, subdivisions 1, 2, 3, 4, 5, 5a, 5b, 6, 7, 8, 9, 10, 11, 12, 13, 14; | |
| 84 | + | 2.15 152.23; 152.24; 152.25, subdivisions 1, 1a, 1b, 1c, 2, 3, 4; 152.26; 152.261; 152.27, | |
| 85 | + | 2.16 subdivisions 1, 2, 3, 4, 5, 6, 7; 152.28, subdivisions 1, 2, 3; 152.29, subdivisions | |
| 86 | + | 2.17 1, 2, 3, 3a, 4; 152.30; 152.31; 152.32, subdivisions 1, 2, 3; 152.33, subdivisions | |
| 87 | + | 2.18 1, 1a, 2, 3, 4, 5, 6; 152.34; 152.35; 152.36, subdivisions 1, 1a, 2, 3, 4, 5; 152.37. | |
| 88 | + | 2.19BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: | |
| 89 | + | 2.20 ARTICLE 1 | |
| 90 | + | 2.21 REGULATION OF ADULT-USE CANNABIS | |
| 91 | + | 2.22 Section 1. [342.01] DEFINITIONS. | |
| 92 | + | 2.23 Subdivision 1.Terms.For the purposes of this chapter, the following terms have the | |
| 93 | + | 2.24meanings given them. | |
| 94 | + | 2.25 Subd. 2.Adult-use cannabis concentrate."Adult-use cannabis concentrate" means | |
| 95 | + | 2.26cannabis concentrate that is approved for sale by the office or is substantially similar to a | |
| 96 | + | 2.27product approved by the office. Adult-use cannabis concentrate does not include any | |
| 97 | + | 2.28artificially derived cannabinoid. | |
| 98 | + | 2.29 Subd. 3.Adult-use cannabis flower."Adult-use cannabis flower" means cannabis | |
| 99 | + | 2.30flower that is approved for sale by the office or is substantially similar to a product approved | |
| 100 | + | 2.31by the office. Adult-use cannabis flower does not include medical cannabis flower. | |
| 101 | + | 2.32 Subd. 4.Adult-use cannabis product."Adult-use cannabis product" means a cannabis | |
| 102 | + | 2.33product that is approved for sale by the office or is substantially similar to a product approved | |
| 103 | + | 2.34by the office. Adult-use cannabis product does not include medical cannabinoid product. | |
| 104 | + | 2.35 Subd. 5.Advertisement."Advertisement" means any written or oral statement, | |
| 105 | + | 2.36illustration, or depiction that is intended to promote sales of cannabis flower, cannabis | |
| 106 | + | 2.37products, lower-potency hemp edibles, hemp-derived consumer products, or sales at a | |
| 107 | + | 2.38specific cannabis business and includes any newspaper, radio, internet and electronic media, | |
| 108 | + | 2.39or television promotion; the distribution of fliers and circulars; and the display of window | |
| 109 | 109 | 2Article 1 Section 1. | |
| 110 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 3.1 Subd. 5.Advertisement."Advertisement" means any written or oral statement, | |
| 111 | - | 3.2illustration, or depiction that is intended to promote sales of cannabis flower, cannabis | |
| 112 | - | 3.3products, lower-potency hemp edibles, hemp-derived consumer products, or sales at a | |
| 113 | - | 3.4specific cannabis business or hemp business and includes any newspaper, radio, internet | |
| 114 | - | 3.5and electronic media, or television promotion; the distribution of fliers and circulars; and | |
| 115 | - | 3.6the display of window and interior signs in a cannabis business. Advertisement does not | |
| 116 | - | 3.7include a fixed outdoor sign that meets the requirements in section 342.64, subdivision 2, | |
| 117 | - | 3.8paragraph (b). | |
| 118 | - | 3.9 Subd. 6.Artificially derived cannabinoid."Artificially derived cannabinoid" means a | |
| 119 | - | 3.10cannabinoid extracted from a cannabis plant, cannabis flower, hemp plant, or hemp plant | |
| 120 | - | 3.11parts with a chemical makeup that is changed after extraction to create a different cannabinoid | |
| 121 | - | 3.12or other chemical compound by applying a catalyst other than heat or light. Artificially | |
| 122 | - | 3.13derived cannabinoid includes but is not limited to any tetrahydrocannabinol created from | |
| 123 | - | 3.14cannabidiol but does not include cannabis concentrate, cannabis products, hemp concentrate, | |
| 124 | - | 3.15lower-potency hemp edibles, or hemp-derived consumer products. | |
| 125 | - | 3.16 Subd. 7.Batch."Batch" means: | |
| 126 | - | 3.17 (1) a specific quantity of cannabis plants that are cultivated from the same seed or plant | |
| 127 | - | 3.18stock, are cultivated together, are intended to be harvested together, and receive an identical | |
| 128 | - | 3.19propagation and cultivation treatment; | |
| 129 | - | 3.20 (2) a specific quantity of cannabis flower that is harvested together; is uniform and | |
| 130 | - | 3.21intended to meet specifications for identity, strength, purity, and composition; and receives | |
| 131 | - | 3.22identical sorting, drying, curing, and storage treatment; or | |
| 132 | - | 3.23 (3) a specific quantity of a specific cannabis product, lower-potency hemp edible, | |
| 133 | - | 3.24artificially derived cannabinoid, hemp-derived consumer product, or hemp-derived topical | |
| 134 | - | 3.25product that is manufactured at the same time and using the same methods, equipment, and | |
| 135 | - | 3.26ingredients that is uniform and intended to meet specifications for identity, strength, purity, | |
| 136 | - | 3.27and composition, and that is manufactured, packaged, and labeled according to a single | |
| 137 | - | 3.28batch production record executed and documented. | |
| 138 | - | 3.29 Subd. 8.Batch number."Batch number" means a unique numeric or alphanumeric | |
| 139 | - | 3.30identifier assigned to a batch of cannabis plants, cannabis flower, cannabis products, | |
| 140 | - | 3.31lower-potency hemp edibles, artificially derived cannabinoid, hemp-derived consumer | |
| 141 | - | 3.32products, or hemp-derived topical products. | |
| 142 | - | 3.33 Subd. 9.Bona fide labor organization."Bona fide labor organization" means a labor | |
| 143 | - | 3.34union that represents or is actively seeking to represent cannabis workers. | |
| 110 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 3.1and interior signs in a cannabis business. Advertisement does not include a fixed outdoor | |
| 111 | + | 3.2sign that meets the requirements in section 342.64, subdivision 2, paragraph (b). | |
| 112 | + | 3.3 Subd. 6.Artificially derived cannabinoid."Artificially derived cannabinoid" means a | |
| 113 | + | 3.4cannabinoid extracted from a cannabis plant, cannabis flower, hemp plant, or hemp plant | |
| 114 | + | 3.5parts with a chemical makeup that is changed after extraction to create a different cannabinoid | |
| 115 | + | 3.6or other chemical compound by applying a catalyst other than heat or light. Artificially | |
| 116 | + | 3.7derived cannabinoid includes but is not limited to any tetrahydrocannabinol created from | |
| 117 | + | 3.8cannabidiol but does not include cannabis concentrate, cannabis products, hemp concentrate, | |
| 118 | + | 3.9lower-potency hemp edibles, or hemp-derived consumer products. | |
| 119 | + | 3.10 Subd. 7.Batch."Batch" means: | |
| 120 | + | 3.11 (1) a specific quantity of cannabis plants that are cultivated from the same seed or plant | |
| 121 | + | 3.12stock, are cultivated together, are intended to be harvested together, and receive an identical | |
| 122 | + | 3.13propagation and cultivation treatment; | |
| 123 | + | 3.14 (2) a specific quantity of cannabis flower that is harvested together; is uniform and | |
| 124 | + | 3.15intended to meet specifications for identity, strength, purity, and composition; and receives | |
| 125 | + | 3.16identical sorting, drying, curing, and storage treatment; or | |
| 126 | + | 3.17 (3) a specific quantity of a specific cannabis product, lower-potency hemp edible, | |
| 127 | + | 3.18artificially derived cannabinoid, hemp-derived consumer product, or hemp-derived topical | |
| 128 | + | 3.19product that is manufactured at the same time and using the same methods, equipment, and | |
| 129 | + | 3.20ingredients that is uniform and intended to meet specifications for identity, strength, purity, | |
| 130 | + | 3.21and composition, and that is manufactured, packaged, and labeled according to a single | |
| 131 | + | 3.22batch production record executed and documented during the same cycle of manufacture | |
| 132 | + | 3.23and produced by a continuous process. | |
| 133 | + | 3.24 Subd. 8.Batch number."Batch number" means a unique numeric or alphanumeric | |
| 134 | + | 3.25identifier assigned to a batch of cannabis plants, cannabis flower, cannabis products, | |
| 135 | + | 3.26lower-potency hemp edibles, artificially derived cannabinoid, hemp-derived consumer | |
| 136 | + | 3.27products, or hemp-derived topical products. | |
| 137 | + | 3.28 Subd. 9.Bona fide labor organization."Bona fide labor organization" means a labor | |
| 138 | + | 3.29union that represents or is actively seeking to represent cannabis workers. | |
| 139 | + | 3.30 Subd. 10.Cannabinoid."Cannabinoid" means any of the chemical constituents of hemp | |
| 140 | + | 3.31plants or cannabis plants that are naturally occurring, biologically active, and act on the | |
| 141 | + | 3.32cannabinoid receptors of the brain. Cannabinoid includes but is not limited to | |
| 142 | + | 3.33tetrahydrocannabinol and cannabidiol. | |
| 144 | 143 | 3Article 1 Section 1. | |
| 145 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 4.1 Subd. 10.Cannabinoid."Cannabinoid" means any of the chemical constituents of hemp | |
| 146 | - | 4.2plants or cannabis plants that are naturally occurring, biologically active, and act on the | |
| 147 | - | 4.3cannabinoid receptors of the brain. Cannabinoid includes but is not limited to | |
| 148 | - | 4.4tetrahydrocannabinol and cannabidiol. | |
| 149 | - | 4.5 Subd. 11.Cannabinoid extraction."Cannabinoid extraction" means the process of | |
| 150 | - | 4.6extracting cannabis concentrate from cannabis plants or cannabis flower using heat, pressure, | |
| 151 | - | 4.7water, lipids, gases, solvents, or other chemicals or chemical processes, but does not include | |
| 152 | - | 4.8the process of extracting concentrate from hemp plants or hemp plant parts or the process | |
| 153 | - | 4.9of creating any artificially derived cannabinoid. | |
| 154 | - | 4.10 Subd. 12.Cannabinoid product."Cannabinoid product" means a cannabis product, a | |
| 155 | - | 4.11hemp-derived consumer product, or a lower-potency hemp edible. | |
| 156 | - | 4.12 Subd. 13.Cannabinoid profile."Cannabinoid profile" means the amounts of each | |
| 157 | - | 4.13cannabinoid that the office requires to be identified in testing and labeling, including but | |
| 158 | - | 4.14not limited to delta-9 tetrahydrocannabinol, tetrahydrocannabinolic acid, cannabidiol, and | |
| 159 | - | 4.15cannabidiolic acid in cannabis flower, a cannabis product, a batch of artificially derived | |
| 160 | - | 4.16cannabinoid, a lower-potency hemp edible, a hemp-derived consumer product, or a | |
| 161 | - | 4.17hemp-derived topical product expressed as percentages measured by weight and, in the case | |
| 162 | - | 4.18of cannabis products, lower-potency hemp edibles, and hemp-derived consumer products, | |
| 163 | - | 4.19expressed as milligrams in each serving and package. | |
| 164 | - | 4.20 Subd. 14.Cannabis business."Cannabis business" means any of the following licensed | |
| 165 | - | 4.21under this chapter: | |
| 166 | - | 4.22 (1) cannabis microbusiness; | |
| 167 | - | 4.23 (2) cannabis mezzobusiness; | |
| 168 | - | 4.24 (3) cannabis cultivator; | |
| 169 | - | 4.25 (4) cannabis manufacturer; | |
| 170 | - | 4.26 (5) cannabis retailer; | |
| 171 | - | 4.27 (6) cannabis wholesaler; | |
| 172 | - | 4.28 (7) cannabis transporter; | |
| 173 | - | 4.29 (8) cannabis testing facility; | |
| 174 | - | 4.30 (9) cannabis event organizer; | |
| 175 | - | 4.31 (10) cannabis delivery service; | |
| 144 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 4.1 Subd. 11.Cannabinoid extraction."Cannabinoid extraction" means the process of | |
| 145 | + | 4.2extracting cannabis concentrate from cannabis plants or cannabis flower using heat, pressure, | |
| 146 | + | 4.3water, lipids, gases, solvents, or other chemicals or chemical processes, but does not include | |
| 147 | + | 4.4the process of extracting concentrate from hemp plants or hemp plant parts or the process | |
| 148 | + | 4.5of creating any artificially derived cannabinoid. | |
| 149 | + | 4.6 Subd. 12.Cannabinoid profile."Cannabinoid profile" means the amounts of each | |
| 150 | + | 4.7cannabinoid that the office requires to be identified in testing and labeling, including but | |
| 151 | + | 4.8not limited to delta-9 tetrahydrocannabinol, tetrahydrocannabinolic acid, cannabidiol, | |
| 152 | + | 4.9cannabidiolic acid, and cannabigerol in cannabis flower, a cannabis product, a batch of | |
| 153 | + | 4.10artificially derived cannabinoid, a lower-potency hemp edible, a hemp-derived consumer | |
| 154 | + | 4.11product, or a hemp-derived topical product expressed as percentages measured by weight | |
| 155 | + | 4.12and, in the case of cannabis products, lower-potency hemp edibles, and hemp-derived | |
| 156 | + | 4.13consumer products, expressed as milligrams in each serving and package. | |
| 157 | + | 4.14 Subd. 13.Cannabis business."Cannabis business" means any of the following licensed | |
| 158 | + | 4.15under this chapter: | |
| 159 | + | 4.16 (1) cannabis microbusiness; | |
| 160 | + | 4.17 (2) cannabis mezzobusiness; | |
| 161 | + | 4.18 (3) cannabis cultivator; | |
| 162 | + | 4.19 (4) cannabis manufacturer; | |
| 163 | + | 4.20 (5) cannabis retailer; | |
| 164 | + | 4.21 (6) cannabis wholesaler; | |
| 165 | + | 4.22 (7) cannabis transporter; | |
| 166 | + | 4.23 (8) cannabis testing facility; | |
| 167 | + | 4.24 (9) cannabis event organizer; | |
| 168 | + | 4.25 (10) cannabis delivery service; | |
| 169 | + | 4.26 (11) medical cannabis cultivator; | |
| 170 | + | 4.27 (12) medical cannabis processor; and | |
| 171 | + | 4.28 (13) medical cannabis retailer. | |
| 172 | + | 4.29 Subd. 14.Cannabis concentrate.(a) "Cannabis concentrate" means: | |
| 173 | + | 4.30 (1) the extracts and resins of a cannabis plant or cannabis flower; | |
| 176 | 174 | 4Article 1 Section 1. | |
| 177 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 5.1 (11) medical cannabis cultivator; | |
| 178 | - | 5.2 (12) medical cannabis processor; | |
| 179 | - | 5.3 (13) medical cannabis retailer; and | |
| 180 | - | 5.4 (14) medical cannabis combination business. | |
| 181 | - | 5.5 Subd. 15.Cannabis concentrate.(a) "Cannabis concentrate" means: | |
| 182 | - | 5.6 (1) the extracts and resins of a cannabis plant or cannabis flower; | |
| 183 | - | 5.7 (2) the extracts or resins of a cannabis plant or cannabis flower that are refined to increase | |
| 184 | - | 5.8the presence of targeted cannabinoids; or | |
| 185 | - | 5.9 (3) a product that is produced by refining extracts or resins of a cannabis plant or cannabis | |
| 186 | - | 5.10flower and is intended to be consumed by combustion or vaporization of the product and | |
| 187 | - | 5.11inhalation of smoke, aerosol, or vapor from the product. | |
| 188 | - | 5.12 (b) Cannabis concentrate does not include hemp concentrate, artificially derived | |
| 189 | - | 5.13cannabinoid, or hemp-derived consumer products. | |
| 190 | - | 5.14 Subd. 16.Cannabis flower."Cannabis flower" means the harvested flower, bud, leaves, | |
| 191 | - | 5.15and stems of a cannabis plant. Cannabis flower includes adult-use cannabis flower and | |
| 192 | - | 5.16medical cannabis flower. Cannabis flower does not include cannabis seed, hemp plant parts, | |
| 193 | - | 5.17or hemp-derived consumer products. | |
| 194 | - | 5.18 Subd. 17.Cannabis industry."Cannabis industry" means every item, product, person, | |
| 195 | - | 5.19process, action, business, or other thing related to cannabis flower and cannabis products | |
| 196 | - | 5.20and subject to regulation under this chapter. | |
| 197 | - | 5.21 Subd. 18.Cannabis paraphernalia."Cannabis paraphernalia" means all equipment, | |
| 198 | - | 5.22products, and materials of any kind that are knowingly or intentionally used primarily in: | |
| 199 | - | 5.23 (1) manufacturing cannabis products; | |
| 200 | - | 5.24 (2) ingesting, inhaling, or otherwise introducing cannabis flower or cannabis products | |
| 201 | - | 5.25into the human body; and | |
| 202 | - | 5.26 (3) testing the strength, effectiveness, or purity of cannabis flower, cannabis products, | |
| 203 | - | 5.27lower-potency hemp edibles, or hemp-derived consumer products. | |
| 204 | - | 5.28 Subd. 19.Cannabis plant."Cannabis plant" means all parts of the plant of the genus | |
| 205 | - | 5.29Cannabis that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol | |
| 206 | - | 5.30concentration of more than 0.3 percent on a dry weight basis. | |
| 207 | - | 5.31 Subd. 20.Cannabis product.(a) "Cannabis product" means any of the following: | |
| 175 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 5.1 (2) the extracts or resins of a cannabis plant or cannabis flower that are refined to increase | |
| 176 | + | 5.2the presence of targeted cannabinoids; or | |
| 177 | + | 5.3 (3) a product that is produced by refining extracts or resins of a cannabis plant or cannabis | |
| 178 | + | 5.4flower and is intended to be consumed by combustion or vaporization of the product and | |
| 179 | + | 5.5inhalation of smoke, aerosol, or vapor from the product. | |
| 180 | + | 5.6 (b) Cannabis concentrate does not include hemp concentrate, artificially derived | |
| 181 | + | 5.7cannabinoid, or hemp-derived consumer products. | |
| 182 | + | 5.8 Subd. 15.Cannabis flower."Cannabis flower" means the harvested flower, bud, leaves, | |
| 183 | + | 5.9and stems of a cannabis plant. Cannabis flower includes adult-use cannabis flower and | |
| 184 | + | 5.10medical cannabis flower. Cannabis flower does not include cannabis seed, hemp plant parts, | |
| 185 | + | 5.11or hemp-derived consumer products. | |
| 186 | + | 5.12 Subd. 16.Cannabis industry."Cannabis industry" means every item, product, person, | |
| 187 | + | 5.13process, action, business, or other thing related to cannabis flower and cannabis products | |
| 188 | + | 5.14and subject to regulation under this chapter. | |
| 189 | + | 5.15 Subd. 17.Cannabis paraphernalia."Cannabis paraphernalia" means all equipment, | |
| 190 | + | 5.16products, and materials of any kind that are knowingly or intentionally used primarily in: | |
| 191 | + | 5.17 (1) cultivating or harvesting cannabis plants or cannabis flower; | |
| 192 | + | 5.18 (2) manufacturing cannabis products; | |
| 193 | + | 5.19 (3) ingesting, inhaling, or otherwise introducing cannabis flower or cannabis products | |
| 194 | + | 5.20into the human body; and | |
| 195 | + | 5.21 (4) testing the strength, effectiveness, or purity of cannabis flower, cannabis products, | |
| 196 | + | 5.22lower-potency hemp edibles, or hemp-derived consumer products. | |
| 197 | + | 5.23 Subd. 18.Cannabis plant."Cannabis plant" means all parts of the plant of the genus | |
| 198 | + | 5.24Cannabis that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol | |
| 199 | + | 5.25concentration of more than 0.3 percent on a dry weight basis. | |
| 200 | + | 5.26 Subd. 19.Cannabis product.(a) "Cannabis product" means any of the following: | |
| 201 | + | 5.27 (1) cannabis concentrate; | |
| 202 | + | 5.28 (2) a product infused with cannabinoids, including but not limited to tetrahydrocannabinol, | |
| 203 | + | 5.29extracted or derived from cannabis plants or cannabis flower; or | |
| 204 | + | 5.30 (3) any other product that contains cannabis concentrate. | |
| 208 | 205 | 5Article 1 Section 1. | |
| 209 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 6.1 (1) cannabis concentrate; | |
| 210 | - | 6.2 (2) a product infused with cannabinoids, including but not limited to tetrahydrocannabinol, | |
| 211 | - | 6.3extracted or derived from cannabis plants or cannabis flower; or | |
| 212 | - | 6.4 (3) any other product that contains cannabis concentrate. | |
| 213 | - | 6.5 (b) Cannabis product includes adult-use cannabis products, including but not limited to | |
| 214 | - | 6.6edible cannabis products and medical cannabinoid products. Cannabis product does not | |
| 215 | - | 6.7include cannabis flower, artificially derived cannabinoid, lower-potency hemp edibles, | |
| 216 | - | 6.8hemp-derived consumer products, or hemp-derived topical products. | |
| 217 | - | 6.9 Subd. 21.Cannabis prohibition."Cannabis prohibition" means the system of state and | |
| 218 | - | 6.10federal laws that prevented establishment of a legal market and instead established petty | |
| 219 | - | 6.11offenses and criminal offenses punishable by fines, imprisonment, or both for the cultivation, | |
| 220 | - | 6.12possession, and sale of all parts of the plant of any species of the genus Cannabis, including | |
| 221 | - | 6.13all agronomical varieties, whether growing or not; the seeds thereof; the resin extracted | |
| 222 | - | 6.14from any part of such plant; and every compound, manufacture, salt, derivative, mixture, | |
| 223 | - | 6.15or preparation of such plant, its seeds, or resin. | |
| 224 | - | 6.16 Subd. 22.Cannabis seed."Cannabis seed" means the viable seed of the plant of the | |
| 225 | - | 6.17genus Cannabis that is reasonably expected to grow into a cannabis plant. Cannabis seed | |
| 226 | - | 6.18does not include hemp seed. | |
| 227 | - | 6.19 Subd. 23.Cannabis worker."Cannabis worker" means any individual employed by a | |
| 228 | - | 6.20cannabis business and any individual who is a contractor of a cannabis business whose | |
| 229 | - | 6.21scope of work involves the handling of cannabis plants, cannabis flower, or cannabis | |
| 230 | - | 6.22products. | |
| 231 | - | 6.23 Subd. 24.Child-resistant."Child-resistant" means packaging that meets the poison | |
| 232 | - | 6.24prevention packaging standards in Code of Federal Regulations, title 16, section 1700.15. | |
| 233 | - | 6.25 Subd. 25.Cooperative."Cooperative" means an association conducting business on a | |
| 234 | - | 6.26cooperative plan that is organized or is subject to chapter 308A or 308B. | |
| 235 | - | 6.27 Subd. 26.Council."Council" means the Cannabis Advisory Council. | |
| 236 | - | 6.28 Subd. 27.Cultivation."Cultivation" means any activity involving the planting, growing, | |
| 237 | - | 6.29harvesting, drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp | |
| 238 | - | 6.30plants, or hemp plant parts. | |
| 206 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 6.1 (b) Cannabis product includes adult-use cannabis products, including but not limited to | |
| 207 | + | 6.2edible cannabis products and medical cannabinoid products. Cannabis product does not | |
| 208 | + | 6.3include cannabis flower, artificially derived cannabinoid, lower-potency edible hemp edibles, | |
| 209 | + | 6.4hemp-derived consumer products, or hemp-derived topical products. | |
| 210 | + | 6.5 Subd. 20.Cannabis prohibition."Cannabis prohibition" means the system of state and | |
| 211 | + | 6.6federal laws that prevented establishment of a legal market and instead established petty | |
| 212 | + | 6.7offenses and criminal offenses punishable by fines, imprisonment, or both for the cultivation, | |
| 213 | + | 6.8possession, and sale of all parts of the plant of any species of the genus Cannabis, including | |
| 214 | + | 6.9all agronomical varieties, whether growing or not; the seeds thereof; the resin extracted | |
| 215 | + | 6.10from any part of such plant; and every compound, manufacture, salt, derivative, mixture, | |
| 216 | + | 6.11or preparation of such plant, its seeds, or resin. | |
| 217 | + | 6.12 Subd. 21.Cannabis seed."Cannabis seed" means the viable seed of the plant of the | |
| 218 | + | 6.13genus Cannabis that is reasonably expected to grow into a cannabis plant. Cannabis seed | |
| 219 | + | 6.14does not include hemp seed. | |
| 220 | + | 6.15 Subd. 22.Cannabis worker."Cannabis worker" means any individual employed by a | |
| 221 | + | 6.16cannabis business and any individual who is a contractor of a cannabis business whose | |
| 222 | + | 6.17scope of work involves the handling of cannabis plants, cannabis flower, or cannabis | |
| 223 | + | 6.18products. | |
| 224 | + | 6.19 Subd. 23.Child-resistant."Child-resistant" means packaging that meets the poison | |
| 225 | + | 6.20prevention packaging standards in Code of Federal Regulations, title 16, section 1700.15. | |
| 226 | + | 6.21 Subd. 24.Cooperative."Cooperative" means an association conducting business on a | |
| 227 | + | 6.22cooperative plan that is organized or is subject to chapter 308A or 308B. | |
| 228 | + | 6.23 Subd. 25.Council."Council" means the Cannabis Advisory Council. | |
| 229 | + | 6.24 Subd. 26.Cultivation."Cultivation" means any activity involving the planting, growing, | |
| 230 | + | 6.25harvesting, drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp | |
| 231 | + | 6.26plants, or hemp plant parts. | |
| 232 | + | 6.27 Subd. 27.Division of Medical Cannabis."Division of Medical Cannabis" means a | |
| 233 | + | 6.28division housed in the Office of Cannabis Management that operates the medical cannabis | |
| 234 | + | 6.29program. | |
| 235 | + | 6.30 Subd. 28.Division of Social Equity"Division of Social Equity" means a division housed | |
| 236 | + | 6.31in the Office of Cannabis Management that promotes development, stability, and safety in | |
| 237 | + | 6.32communities that have experienced a disproportionate, negative impact from cannabis | |
| 238 | + | 6.33prohibition. | |
| 239 | 239 | 6Article 1 Section 1. | |
| 240 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 7.1 Subd. 28.Division of Medical Cannabis."Division of Medical Cannabis" means a | |
| 241 | - | 7.2division housed in the Office of Cannabis Management that operates the medical cannabis | |
| 242 | - | 7.3program. | |
| 243 | - | 7.4 Subd. 29.Division of Social Equity"Division of Social Equity" means a division housed | |
| 244 | - | 7.5in the Office of Cannabis Management that promotes development, stability, and safety in | |
| 245 | - | 7.6communities that have experienced a disproportionate, negative impact from cannabis | |
| 246 | - | 7.7prohibition and usage. | |
| 247 | - | 7.8 Subd. 30.Drug."Drug" has the meaning given in section 151.01, subdivision 5. | |
| 248 | - | 7.9 Subd. 31.Edible cannabis product."Edible cannabis product" means any product that | |
| 249 | - | 7.10is intended to be eaten or consumed as a beverage by humans; contains a cannabinoid other | |
| 250 | - | 7.11than an artificially derived cannabinoid in combination with food ingredients; is not a drug; | |
| 251 | - | 7.12and is a type of product approved for sale by the office, or is substantially similar to a product | |
| 252 | - | 7.13approved by the office including but not limited to products that resemble nonalcoholic | |
| 253 | - | 7.14beverages, candy, and baked goods. Edible cannabis product does not include lower-potency | |
| 254 | - | 7.15hemp edibles. | |
| 255 | - | 7.16 Subd. 32.Health care practitioner."Health care practitioner" means a | |
| 256 | - | 7.17Minnesota-licensed doctor of medicine, a Minnesota-licensed physician assistant acting | |
| 257 | - | 7.18within the scope of authorized practice, or a Minnesota-licensed advanced practice registered | |
| 258 | - | 7.19nurse who has an active license in good standing and the primary responsibility for the care | |
| 259 | - | 7.20and treatment of the qualifying medical condition of an individual diagnosed with a qualifying | |
| 260 | - | 7.21medical condition. | |
| 261 | - | 7.22 Subd. 33.Health record."Health record" has the meaning given in section 144.291, | |
| 262 | - | 7.23subdivision 2. | |
| 263 | - | 7.24 Subd. 34.Hemp business.(a) "Hemp business" means either of the following licensed | |
| 264 | - | 7.25under this chapter: | |
| 265 | - | 7.26 (1) lower-potency hemp edible manufacturer; or | |
| 266 | - | 7.27 (2) lower-potency hemp edible retailer. | |
| 267 | - | 7.28 (b) Hemp business does not include a person or entity licensed under chapter 18K to | |
| 268 | - | 7.29grow industrial hemp for commercial or research purposes or to process industrial hemp | |
| 269 | - | 7.30for commercial purposes. | |
| 270 | - | 7.31 Subd. 35.Hemp concentrate.(a) "Hemp concentrate" means: | |
| 271 | - | 7.32 (1) the extracts and resins of a hemp plant or hemp plant parts; | |
| 240 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 7.1 Subd. 29.Edible cannabis product."Edible cannabis product" means any product that | |
| 241 | + | 7.2is intended to be eaten or consumed as a beverage by humans; contains a cannabinoid other | |
| 242 | + | 7.3than an artificially derived cannabinoid in combination with food ingredients; is not a drug; | |
| 243 | + | 7.4and is a type of product approved for sale by the office, or is substantially similar to a product | |
| 244 | + | 7.5approved by the office including but not limited to products that resemble nonalcoholic | |
| 245 | + | 7.6beverages, candy, and baked goods. Edible cannabis product does not include lower-potency | |
| 246 | + | 7.7hemp edibles. | |
| 247 | + | 7.8 Subd. 30.Health care practitioner."Health care practitioner" means a | |
| 248 | + | 7.9Minnesota-licensed doctor of medicine, a Minnesota-licensed physician assistant acting | |
| 249 | + | 7.10within the scope of authorized practice, or a Minnesota-licensed advanced practice registered | |
| 250 | + | 7.11nurse who has an active license in good standing and the primary responsibility for the care | |
| 251 | + | 7.12and treatment of the qualifying medical condition of an individual diagnosed with a qualifying | |
| 252 | + | 7.13medical condition. | |
| 253 | + | 7.14 Subd. 31.Health record."Health record" has the meaning given in section 144.291, | |
| 254 | + | 7.15subdivision 2. | |
| 255 | + | 7.16 Subd. 32.Hemp business.(a) "Hemp business" means either of the following licensed | |
| 256 | + | 7.17under this chapter: | |
| 257 | + | 7.18 (1) lower-potency hemp edible manufacturer; or | |
| 258 | + | 7.19 (2) lower-potency hemp edible retailer. | |
| 259 | + | 7.20 (b) Hemp business does not include a person or entity licensed under chapter 18K to | |
| 260 | + | 7.21grow industrial hemp for commercial or research purposes or to process industrial hemp | |
| 261 | + | 7.22for commercial purposes. | |
| 262 | + | 7.23 Subd. 33.Hemp concentrate.(a) "Hemp concentrate" means: | |
| 263 | + | 7.24 (1) the extracts and resins of a hemp plant or hemp plant parts; | |
| 264 | + | 7.25 (2) the extracts or resins of a hemp plant or hemp plant parts that are refined to increase | |
| 265 | + | 7.26the presence of targeted cannabinoids; or | |
| 266 | + | 7.27 (3) a product that is produced by refining extracts or resins of a hemp plant or hemp | |
| 267 | + | 7.28plant parts and is intended to be consumed by combustion or vaporization of the product | |
| 268 | + | 7.29and inhalation of smoke, aerosol, or vapor from the product. | |
| 269 | + | 7.30 (b) Hemp concentrate does not include artificially derived cannabinoids, lower-potency | |
| 270 | + | 7.31hemp edibles, hemp-derived consumer products, or hemp-derived topical products. | |
| 272 | 271 | 7Article 1 Section 1. | |
| 273 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 8.1 (2) the extracts or resins of a hemp plant or hemp plant parts that are refined to increase | |
| 274 | - | 8.2the presence of targeted cannabinoids; or | |
| 275 | - | 8.3 (3) a product that is produced by refining extracts or resins of a hemp plant or hemp | |
| 276 | - | 8.4plant parts and is intended to be consumed by combustion or vaporization of the product | |
| 277 | - | 8.5and inhalation of smoke, aerosol, or vapor from the product. | |
| 278 | - | 8.6 (b) Hemp concentrate does not include artificially derived cannabinoids, lower-potency | |
| 279 | - | 8.7hemp edibles, hemp-derived consumer products, or hemp-derived topical products. | |
| 280 | - | 8.8 Subd. 36.Hemp consumer industry."Hemp consumer industry" means every item, | |
| 281 | - | 8.9product, person, process, action, business, or other thing related to artificially derived | |
| 282 | - | 8.10cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products and | |
| 283 | - | 8.11subject to regulation under this chapter. | |
| 284 | - | 8.12 Subd. 37.Hemp-derived consumer product.(a) "Hemp-derived consumer product" | |
| 285 | - | 8.13means a product intended for human or animal consumption, does not contain cannabis | |
| 286 | - | 8.14flower or cannabis concentrate, and: | |
| 287 | - | 8.15 (1) contains or consists of hemp plant parts; or | |
| 288 | - | 8.16 (2) contains hemp concentrate or artificially derived cannabinoids in combination with | |
| 289 | - | 8.17other ingredients. | |
| 290 | - | 8.18 (b) Hemp-derived consumer product does not include artificially derived cannabinoids, | |
| 291 | - | 8.19lower-potency hemp edibles, hemp-derived topical products, hemp fiber products, or hemp | |
| 292 | - | 8.20grain. | |
| 293 | - | 8.21 Subd. 38.Hemp-derived topical product."Hemp-derived topical product" means a | |
| 294 | - | 8.22product intended for human or animal consumption that contains hemp concentrate, is | |
| 295 | - | 8.23intended for application externally to a part of the body of a human or animal, and does not | |
| 296 | - | 8.24contain cannabis flower or cannabis concentrate. | |
| 297 | - | 8.25 Subd. 39.Hemp fiber product."Hemp fiber product" means an intermediate or finished | |
| 298 | - | 8.26product made from the fiber of hemp plant parts that is not intended for human or animal | |
| 299 | - | 8.27consumption. Hemp fiber product includes but is not limited to cordage, paper, fuel, textiles, | |
| 300 | - | 8.28bedding, insulation, construction materials, compost materials, and industrial materials. | |
| 301 | - | 8.29 Subd. 40.Hemp grain."Hemp grain" means the harvested seeds of the hemp plant | |
| 302 | - | 8.30intended for consumption as a food or part of a food product. Hemp grain includes oils | |
| 303 | - | 8.31pressed or extracted from harvested hemp seeds. | |
| 272 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 8.1 Subd. 34.Hemp consumer industry."Hemp consumer industry" means every item, | |
| 273 | + | 8.2product, person, process, action, business, or other thing related to artificially derived | |
| 274 | + | 8.3cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products and | |
| 275 | + | 8.4subject to regulation under this chapter. | |
| 276 | + | 8.5 Subd. 35.Hemp-derived consumer product.(a) "Hemp-derived consumer product" | |
| 277 | + | 8.6means a product intended for human or animal consumption, does not contain cannabis | |
| 278 | + | 8.7flower or cannabis concentrate, and: | |
| 279 | + | 8.8 (1) contains or consists of hemp plant parts; or | |
| 280 | + | 8.9 (2) contains hemp concentrate or artificially derived cannabinoids in combination with | |
| 281 | + | 8.10other ingredients. | |
| 282 | + | 8.11 (b) Hemp-derived consumer product does not include artificially derived cannabinoids, | |
| 283 | + | 8.12lower-potency hemp edibles, hemp-derived topical products, hemp fiber products, or hemp | |
| 284 | + | 8.13grain. | |
| 285 | + | 8.14 Subd. 36.Hemp-derived topical product."Hemp-derived topical product" means a | |
| 286 | + | 8.15product intended for human or animal consumption that contains hemp concentrate, is | |
| 287 | + | 8.16intended for application externally to a part of the body of a human or animal, and does not | |
| 288 | + | 8.17contain cannabis flower or cannabis concentrate. | |
| 289 | + | 8.18 Subd. 37.Hemp fiber product."Hemp fiber product" means an intermediate or finished | |
| 290 | + | 8.19product made from the fiber of hemp plant parts that is not intended for human or animal | |
| 291 | + | 8.20consumption. Hemp fiber product includes but is not limited to cordage, paper, fuel, textiles, | |
| 292 | + | 8.21bedding, insulation, construction materials, compost materials, and industrial materials. | |
| 293 | + | 8.22 Subd. 38.Hemp grain."Hemp grain" means the harvested seeds of the hemp plant | |
| 294 | + | 8.23intended for consumption as a food or part of a food product. Hemp grain includes oils | |
| 295 | + | 8.24pressed or extracted from harvested hemp seeds. | |
| 296 | + | 8.25 Subd. 39.Hemp plant."Hemp plant" means all parts of the plant of the genus Cannabis | |
| 297 | + | 8.26that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol | |
| 298 | + | 8.27concentration of no more than 0.3 percent on a dry weight basis. | |
| 299 | + | 8.28 Subd. 40.Hemp plant parts."Hemp plant parts" means any part of the harvested hemp | |
| 300 | + | 8.29plant, including the flower, bud, leaves, stems, and stalk, but does not include derivatives, | |
| 301 | + | 8.30extracts, cannabinoids, isomers, acids, salts, and salts of isomers that are separated from | |
| 302 | + | 8.31the plant. Hemp plant parts does not include hemp fiber products, hemp grain, or hemp | |
| 303 | + | 8.32seed. | |
| 304 | 304 | 8Article 1 Section 1. | |
| 305 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 9.1 Subd. 41.Hemp plant."Hemp plant" means all parts of the plant of the genus Cannabis | |
| 306 | - | 9.2that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol | |
| 307 | - | 9.3concentration of no more than 0.3 percent on a dry weight basis. | |
| 308 | - | 9.4 Subd. 42.Hemp plant parts."Hemp plant parts" means any part of the harvested hemp | |
| 309 | - | 9.5plant, including the flower, bud, leaves, stems, and stalk, but does not include derivatives, | |
| 310 | - | 9.6extracts, cannabinoids, isomers, acids, salts, and salts of isomers that are separated from | |
| 311 | - | 9.7the plant. Hemp plant parts does not include hemp fiber products, hemp grain, or hemp | |
| 312 | - | 9.8seed. | |
| 313 | - | 9.9 Subd. 43.Hemp seed."Hemp seed" means the viable seed of the plant of the genus | |
| 314 | - | 9.10Cannabis that is intended to be planted and is reasonably expected to grow into a hemp | |
| 315 | - | 9.11plant. Hemp seed does not include cannabis seed or hemp grain. | |
| 316 | - | 9.12 Subd. 44.Hemp worker."Hemp worker" means any individual employed by a hemp | |
| 317 | - | 9.13business and any individual who is a contractor of a hemp business whose scope of work | |
| 318 | - | 9.14involves the handling of artificially derived cannabinoids, hemp concentrate, lower-potency | |
| 319 | - | 9.15hemp edibles, or hemp-derived consumer products. | |
| 320 | - | 9.16 Subd. 45.Industrial hemp."Industrial hemp" has the meaning given in section 18K.02, | |
| 321 | - | 9.17subdivision 3. | |
| 322 | - | 9.18 Subd. 46.Intoxicating cannabinoid."Intoxicating cannabinoid" means a cannabinoid, | |
| 323 | - | 9.19including an artificially derived cannabinoid, that when introduced into the human body | |
| 324 | - | 9.20impairs the central nervous system or impairs the human audio, visual, or mental processes. | |
| 325 | - | 9.21Intoxicating cannabinoid includes but is not limited to any tetrahydrocannabinol. | |
| 326 | - | 9.22 Subd. 47.Labor peace agreement."Labor peace agreement" means an agreement | |
| 327 | - | 9.23between a cannabis business and a bona fide labor organization that protects the state's | |
| 328 | - | 9.24interests by, at minimum, prohibiting the labor organization from engaging in picketing, | |
| 329 | - | 9.25work stoppages, or boycotts against the cannabis business. | |
| 330 | - | 9.26 Subd. 48.License holder."License holder" means a person, cooperative, or business | |
| 331 | - | 9.27that holds any of the following licenses: | |
| 332 | - | 9.28 (1) cannabis microbusiness; | |
| 333 | - | 9.29 (2) cannabis mezzobusiness; | |
| 334 | - | 9.30 (3) cannabis cultivator; | |
| 335 | - | 9.31 (4) cannabis manufacturer; | |
| 336 | - | 9.32 (5) cannabis retailer; | |
| 305 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 9.1 Subd. 41.Hemp seed."Hemp seed" means the viable seed of the plant of the genus | |
| 306 | + | 9.2Cannabis that is intended to be planted and is reasonably expected to grow into a hemp | |
| 307 | + | 9.3plant. Hemp seed does not include cannabis seed or hemp grain. | |
| 308 | + | 9.4 Subd. 42.Hemp worker."Hemp worker" means any individual employed by a hemp | |
| 309 | + | 9.5business and any individual who is a contractor of a hemp business whose scope of work | |
| 310 | + | 9.6involves the handling of artificially derived cannabinoids, lower-potency hemp edibles, or | |
| 311 | + | 9.7hemp-derived consumer products. | |
| 312 | + | 9.8 Subd. 43.Industrial hemp."Industrial hemp" has the meaning given in section 18K.02, | |
| 313 | + | 9.9subdivision 3. | |
| 314 | + | 9.10 Subd. 44.Intoxicating cannabinoid."Intoxicating cannabinoid" means a cannabinoid, | |
| 315 | + | 9.11including an artificially derived cannabinoid, that when introduced into the human body | |
| 316 | + | 9.12impairs the central nervous system or impairs the human audio, visual, or mental processes. | |
| 317 | + | 9.13Intoxicating cannabinoid includes but is not limited to any tetrahydrocannabinol. | |
| 318 | + | 9.14 Subd. 45.Labor peace agreement."Labor peace agreement" means an agreement | |
| 319 | + | 9.15between a cannabis business and a bona fide labor organization that protects the state's | |
| 320 | + | 9.16interests by, at minimum, prohibiting the labor organization from engaging in picketing, | |
| 321 | + | 9.17work stoppages, or boycotts against the cannabis business. This type of agreement shall not | |
| 322 | + | 9.18mandate a particular method of election or certification of the bona fide labor organization. | |
| 323 | + | 9.19 Subd. 46.License holder."License holder" means a person, cooperative, or business | |
| 324 | + | 9.20that holds any of the following licenses: | |
| 325 | + | 9.21 (1) cannabis microbusiness; | |
| 326 | + | 9.22 (2) cannabis mezzobusiness; | |
| 327 | + | 9.23 (3) cannabis cultivator; | |
| 328 | + | 9.24 (4) cannabis manufacturer; | |
| 329 | + | 9.25 (5) cannabis retailer; | |
| 330 | + | 9.26 (6) cannabis wholesaler; | |
| 331 | + | 9.27 (7) cannabis transporter; | |
| 332 | + | 9.28 (8) cannabis testing facility; | |
| 333 | + | 9.29 (9) cannabis event organizer; | |
| 334 | + | 9.30 (10) cannabis delivery service; | |
| 335 | + | 9.31 (11) lower-potency hemp edible manufacturer; | |
| 337 | 336 | 9Article 1 Section 1. | |
| 338 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 10.1 (6) cannabis wholesaler; | |
| 339 | - | 10.2 (7) cannabis transporter; | |
| 340 | - | 10.3 (8) cannabis testing facility; | |
| 341 | - | 10.4 (9) cannabis event organizer; | |
| 342 | - | 10.5 (10) cannabis delivery service; | |
| 343 | - | 10.6 (11) lower-potency hemp edible manufacturer; | |
| 344 | - | 10.7 (12) lower-potency hemp edible retailer; | |
| 345 | - | 10.8 (13) medical cannabis cultivator; | |
| 346 | - | 10.9 (14) medical cannabis processor; | |
| 347 | - | 10.10 (15) medical cannabis retailer; or | |
| 348 | - | 10.11 (16) medical cannabis combination business. | |
| 349 | - | 10.12 Subd. 49.Local unit of government."Local unit of government" means a home rule | |
| 350 | - | 10.13charter or statutory city, county, town, or other political subdivision. | |
| 351 | - | 10.14 Subd. 50.Lower-potency hemp edible."Lower-potency hemp edible" means any | |
| 352 | - | 10.15product that: | |
| 353 | - | 10.16 (1) is intended to be eaten or consumed as a beverage by humans; | |
| 354 | - | 10.17 (2) contains hemp concentrate or an artificially derived cannabinoid, in combination | |
| 355 | - | 10.18with food ingredients; | |
| 356 | - | 10.19 (3) is not a drug; | |
| 357 | - | 10.20 (4) consists of servings that contain no more than five milligrams of delta-9 | |
| 358 | - | 10.21tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol, or any | |
| 359 | - | 10.22combination of those cannabinoids that does not exceed the identified amounts; | |
| 360 | - | 10.23 (5) does not contain more than a combined total of 0.5 milligrams of all other | |
| 361 | - | 10.24cannabinoids per serving; | |
| 362 | - | 10.25 (6) does not contain an artificially derived cannabinoid other than delta-9 | |
| 363 | - | 10.26tetrahydrocannabinol; | |
| 364 | - | 10.27 (7) does not contain a cannabinoid derived from cannabis plants or cannabis flower; and | |
| 337 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 10.1 (12) lower-potency hemp edible retailer; | |
| 338 | + | 10.2 (13) medical cannabis cultivator; | |
| 339 | + | 10.3 (14) medical cannabis processor; or | |
| 340 | + | 10.4 (15) medical cannabis retailer. | |
| 341 | + | 10.5 Subd. 47.Local unit of government."Local unit of government" means a home rule | |
| 342 | + | 10.6charter or statutory city, county, town, or other political subdivision. | |
| 343 | + | 10.7 Subd. 48.Lower-potency hemp edible."Lower-potency hemp edible" means any | |
| 344 | + | 10.8product that: | |
| 345 | + | 10.9 (1) is intended to be eaten or consumed as a beverage by humans; | |
| 346 | + | 10.10 (2) contains hemp concentrate or an artificially derived cannabinoid, in combination | |
| 347 | + | 10.11with food ingredients; | |
| 348 | + | 10.12 (3) is not a drug; | |
| 349 | + | 10.13 (4) consists of servings that contain no more than five milligrams of delta-9 | |
| 350 | + | 10.14tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol, or any | |
| 351 | + | 10.15combination of those cannabinoids that does not exceed the identified amounts; | |
| 352 | + | 10.16 (5) does not contain more than a combined total of 0.5 milligrams of all other | |
| 353 | + | 10.17cannabinoids per serving; | |
| 354 | + | 10.18 (6) does not contain an artificially derived cannabinoid other than delta-9 | |
| 355 | + | 10.19tetrahydrocannabinol; | |
| 356 | + | 10.20 (7) does not contain a cannabinoid derived from cannabis plants or cannabis flower; and | |
| 357 | + | 10.21 (8) is a type of product approved for sale by the office or is substantially similar to a | |
| 358 | + | 10.22product approved by the office, including but not limited to products that resemble | |
| 359 | + | 10.23nonalcoholic beverages, candy, and baked goods. | |
| 360 | + | 10.24 Subd. 49.Matrix barcode."Matrix barcode" means a code that stores data in a | |
| 361 | + | 10.25two-dimensional array of geometrically shaped dark and light cells capable of being read | |
| 362 | + | 10.26by the camera on a smartphone or other mobile device. | |
| 363 | + | 10.27 Subd. 50.Medical cannabinoid product.(a) "Medical cannabinoid product" means a | |
| 364 | + | 10.28product that: | |
| 365 | + | 10.29 (1) consists of or contains cannabis concentrate or hemp concentrate or is infused with | |
| 366 | + | 10.30cannabinoids, including but not limited to artificially derived cannabinoids; and | |
| 365 | 367 | 10Article 1 Section 1. | |
| 366 | - | REVISOR BD H0100- | |
| 367 | - | 11. | |
| 368 | - | 11. | |
| 369 | - | 11. | |
| 370 | - | 11. | |
| 371 | - | 11. | |
| 372 | - | 11.7 | |
| 373 | - | 11. | |
| 374 | - | 11.9 ( | |
| 375 | - | 11. | |
| 376 | - | 11. | |
| 377 | - | 11. | |
| 378 | - | 11. | |
| 379 | - | 11. | |
| 380 | - | 11.15 ( | |
| 381 | - | 11.16 | |
| 382 | - | 11. | |
| 383 | - | 11.18 ( | |
| 384 | - | 11.19 ( | |
| 385 | - | 11.20 ( | |
| 386 | - | 11. | |
| 387 | - | 11. | |
| 388 | - | 11. | |
| 389 | - | 11. | |
| 390 | - | 11. | |
| 391 | - | 11. | |
| 392 | - | 11. | |
| 393 | - | 11. | |
| 394 | - | 11.29 | |
| 395 | - | 11. | |
| 368 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 11.1 (2) is provided to a patient enrolled in the registry program; a registered designated | |
| 369 | + | 11.2caregiver; or a parent, legal guardian, or spouse of an enrolled patient, by a cannabis retailer | |
| 370 | + | 11.3or medical cannabis retailer to treat or alleviate the symptoms of a qualifying medical | |
| 371 | + | 11.4condition. | |
| 372 | + | 11.5 (b) A medical cannabinoid product must be in the form of: | |
| 373 | + | 11.6 (1) liquid, including but not limited to oil; | |
| 374 | + | 11.7 (2) pill; | |
| 375 | + | 11.8 (3) liquid or oil for use with a vaporized delivery method; | |
| 376 | + | 11.9 (4) water-soluble cannabinoid multiparticulate, including granules, powder, and sprinkles; | |
| 377 | + | 11.10 (5) orally dissolvable product, including lozenges, gum, mints, buccal tablets, and | |
| 378 | + | 11.11sublingual tablets; | |
| 379 | + | 11.12 (6) edible products in the form of gummies and chews; | |
| 380 | + | 11.13 (7) topical formulation; or | |
| 381 | + | 11.14 (8) any allowable form or delivery method approved by the office. | |
| 382 | + | 11.15 (c) Medical cannabinoid product does not include adult-use cannabis products. | |
| 383 | + | 11.16 Subd. 51.Medical cannabis business."Medical cannabis business" means an entity | |
| 384 | + | 11.17licensed under this chapter to engage in one or more of the following: | |
| 385 | + | 11.18 (1) the cultivation of cannabis plants for medical cannabis flower; | |
| 386 | + | 11.19 (2) the manufacture of medical cannabinoid products; and | |
| 387 | + | 11.20 (3) the retail sale of medical cannabis flower and medical cannabinoid products. | |
| 388 | + | 11.21 Subd. 52.Medical cannabis flower."Medical cannabis flower" means cannabis flower | |
| 389 | + | 11.22provided to a patient enrolled in the registry program; a registered designated caregiver; or | |
| 390 | + | 11.23a parent, legal guardian, or spouse of an enrolled patient by a cannabis retailer or medical | |
| 391 | + | 11.24cannabis business to treat or alleviate the symptoms of a qualifying medical condition. | |
| 392 | + | 11.25Medical cannabis flower does not include adult-use cannabis flower. | |
| 393 | + | 11.26 Subd. 53.Medical cannabis paraphernalia."Medical cannabis paraphernalia" means | |
| 394 | + | 11.27a delivery device, related supply, or educational material used by a patient enrolled in the | |
| 395 | + | 11.28registry program to administer medical cannabis and medical cannabinoid products. | |
| 396 | + | 11.29 Subd. 54.Nonintoxicating cannabinoid."Nonintoxicating cannabinoid" means a | |
| 397 | + | 11.30cannabinoid that when introduced into the human body does not impair the central nervous | |
| 396 | 398 | 11Article 1 Section 1. | |
| 397 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 12.1 (3) the retail sale of medical cannabis flower and medical cannabinoid products. | |
| 398 | - | 12.2 Subd. 54.Medical cannabis flower."Medical cannabis flower" means cannabis flower | |
| 399 | - | 12.3provided to a patient enrolled in the registry program; a registered designated caregiver; or | |
| 400 | - | 12.4a parent, legal guardian, or spouse of an enrolled patient by a cannabis retailer or medical | |
| 401 | - | 12.5cannabis business to treat or alleviate the symptoms of a qualifying medical condition. | |
| 402 | - | 12.6Medical cannabis flower does not include adult-use cannabis flower. | |
| 403 | - | 12.7 Subd. 55.Medical cannabis paraphernalia."Medical cannabis paraphernalia" means | |
| 404 | - | 12.8a delivery device, related supply, or educational material used by a patient enrolled in the | |
| 405 | - | 12.9registry program to administer medical cannabis and medical cannabinoid products. | |
| 406 | - | 12.10 Subd. 56.Nonintoxicating cannabinoid."Nonintoxicating cannabinoid" means a | |
| 407 | - | 12.11cannabinoid that when introduced into the human body does not impair the central nervous | |
| 408 | - | 12.12system and does not impair the human audio, visual, or mental processes. Nonintoxicating | |
| 409 | - | 12.13cannabinoid includes but is not limited to cannabidiol and cannabigerol but does not include | |
| 410 | - | 12.14any artificially derived cannabinoid. | |
| 411 | - | 12.15 Subd. 57.Office."Office" means the Office of Cannabis Management. | |
| 412 | - | 12.16 Subd. 58.Outdoor advertisement."Outdoor advertisement" means an advertisement | |
| 413 | - | 12.17that is located outdoors or can be seen or heard by an individual who is outdoors and includes | |
| 414 | - | 12.18billboards; advertisements on benches; advertisements at transit stations or transit shelters; | |
| 415 | - | 12.19advertisements on the exterior or interior of buses, taxis, light rail transit, or business vehicles; | |
| 416 | - | 12.20and print signs that do not meet the requirements in section 342.64, subdivision 2, paragraph | |
| 417 | - | 12.21(b), but that are placed or located on the exterior property of a cannabis business. | |
| 418 | - | 12.22 Subd. 59.Patient."Patient" means a Minnesota resident who has been diagnosed with | |
| 419 | - | 12.23a qualifying medical condition by a health care practitioner and who has met all other | |
| 420 | - | 12.24requirements for patients under this chapter to participate in the registry program. | |
| 421 | - | 12.25 Subd. 60.Patient registry number."Patient registry number" means a unique | |
| 422 | - | 12.26identification number assigned by the Division of Medical Cannabis to a patient enrolled | |
| 423 | - | 12.27in the registry program. | |
| 424 | - | 12.28 Subd. 61.Plant canopy."Plant canopy" means the surface area within a cultivation | |
| 425 | - | 12.29facility that is used at any time to cultivate mature, flowering cannabis plants. For multiple | |
| 426 | - | 12.30tier cultivation, each tier of cultivation surface area contributes to the total plant canopy | |
| 427 | - | 12.31calculation. Calculation of the area of the plant canopy does not include the surface area | |
| 428 | - | 12.32within the cultivation facility that is used to cultivate immature cannabis plants and seedlings. | |
| 399 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 12.1system and does not impair the human audio, visual, or mental processes. Nonintoxicating | |
| 400 | + | 12.2cannabinoid includes but is not limited to cannabidiol and cannabigerol but does not include | |
| 401 | + | 12.3any artificially derived cannabinoid. | |
| 402 | + | 12.4 Subd. 55.Office."Office" means the Office of Cannabis Management. | |
| 403 | + | 12.5 Subd. 56.Outdoor advertisement."Outdoor advertisement" means an advertisement | |
| 404 | + | 12.6that is located outdoors or can be seen or heard by an individual who is outdoors and includes | |
| 405 | + | 12.7billboards; advertisements on benches; advertisements at transit stations or transit shelters; | |
| 406 | + | 12.8advertisements on the exterior or interior of buses, taxis, light rail transit, or business vehicles; | |
| 407 | + | 12.9and print signs that do not meet the requirements in section 342.64, subdivision 2, paragraph | |
| 408 | + | 12.10(b), but that are placed or located on the exterior property of a cannabis business. | |
| 409 | + | 12.11 Subd. 57.Patient."Patient" means a Minnesota resident who has been diagnosed with | |
| 410 | + | 12.12a qualifying medical condition by a health care practitioner and who has met all other | |
| 411 | + | 12.13requirements for patients under this chapter to participate in the registry program. | |
| 412 | + | 12.14 Subd. 58.Patient registry number."Patient registry number" means a unique | |
| 413 | + | 12.15identification number assigned by the Division of Medical Cannabis to a patient enrolled | |
| 414 | + | 12.16in the registry program. | |
| 415 | + | 12.17 Subd. 59.Qualifying medical condition."Qualifying medical condition" means a | |
| 416 | + | 12.18diagnosis of any of the following conditions: | |
| 417 | + | 12.19 (1) Alzheimer's disease; | |
| 418 | + | 12.20 (2) autism spectrum disorder that meets the requirements of the fifth edition of the | |
| 419 | + | 12.21Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric | |
| 420 | + | 12.22Association; | |
| 421 | + | 12.23 (3) cancer, if the underlying condition or treatment produces one or more of the following: | |
| 422 | + | 12.24 (i) severe or chronic pain; | |
| 423 | + | 12.25 (ii) nausea or severe vomiting; or | |
| 424 | + | 12.26 (iii) cachexia or severe wasting; | |
| 425 | + | 12.27 (4) chronic motor or vocal tic disorder; | |
| 426 | + | 12.28 (5) chronic pain; | |
| 427 | + | 12.29 (6) glaucoma; | |
| 428 | + | 12.30 (7) human immunodeficiency virus or acquired immune deficiency syndrome; | |
| 429 | + | 12.31 (8) intractable pain as defined in section 152.125, subdivision 1, paragraph (c); | |
| 429 | 430 | 12Article 1 Section 1. | |
| 430 | - | REVISOR BD H0100- | |
| 431 | - | 13. | |
| 432 | - | 13.3 | |
| 433 | - | 13. | |
| 434 | - | 13.5 ( | |
| 435 | - | 13.6 ( | |
| 436 | - | 13. | |
| 437 | - | 13. | |
| 438 | - | 13.9 ( | |
| 439 | - | 13.10 ( | |
| 440 | - | 13.11 ( | |
| 441 | - | 13.12 ( | |
| 442 | - | 13. | |
| 443 | - | 13.14 ( | |
| 444 | - | 13.15 ( | |
| 445 | - | 13.16 ( | |
| 446 | - | 13.17 ( | |
| 447 | - | 13.18 | |
| 448 | - | 13. | |
| 449 | - | 13.20 ( | |
| 450 | - | 13.21 ( | |
| 451 | - | 13. | |
| 452 | - | 13.23 ( | |
| 453 | - | 13. | |
| 454 | - | 13. | |
| 455 | - | 13. | |
| 456 | - | 13.27 ( | |
| 457 | - | 13. | |
| 431 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 13.1 (9) obstructive sleep apnea; | |
| 432 | + | 13.2 (10) post-traumatic stress disorder; | |
| 433 | + | 13.3 (11) Tourette's syndrome; | |
| 434 | + | 13.4 (12) amyotrophic lateral sclerosis; | |
| 435 | + | 13.5 (13) seizures, including those characteristic of epilepsy; | |
| 436 | + | 13.6 (14) severe and persistent muscle spasms, including those characteristic of multiple | |
| 437 | + | 13.7sclerosis; | |
| 438 | + | 13.8 (15) inflammatory bowel disease, including Crohn's disease; | |
| 439 | + | 13.9 (16) irritable bowel syndrome; | |
| 440 | + | 13.10 (17) obsessive-compulsive disorder; | |
| 441 | + | 13.11 (18) sickle cell disease; | |
| 442 | + | 13.12 (19) terminal illness, with a probable life expectancy of under one year, if the illness or | |
| 443 | + | 13.13its treatment produces one or more of the following: | |
| 444 | + | 13.14 (i) severe or chronic pain; | |
| 445 | + | 13.15 (ii) nausea or severe vomiting; or | |
| 446 | + | 13.16 (iii) cachexia or severe wasting; or | |
| 447 | + | 13.17 (20) any other medical condition or its treatment approved by the office. | |
| 448 | + | 13.18 Subd. 60.Registered designated caregiver."Registered designated caregiver" means | |
| 449 | + | 13.19an individual who: | |
| 450 | + | 13.20 (1) is at least 18 years old; | |
| 451 | + | 13.21 (2) is not disqualified for a criminal offense according to rules adopted pursuant to | |
| 452 | + | 13.22section 342.15, subdivision 2; | |
| 453 | + | 13.23 (3) has been approved by the Division of Medical Cannabis to assist a patient with | |
| 454 | + | 13.24obtaining medical cannabis flower and medical cannabinoid products from a cannabis | |
| 455 | + | 13.25retailer or medical cannabis retailer and with administering medical cannabis flower and | |
| 456 | + | 13.26medical cannabinoid products; and | |
| 457 | + | 13.27 (4) is authorized by the Division of Medical Cannabis to assist a patient with the use of | |
| 458 | + | 13.28medical cannabis flower and medical cannabinoid products. | |
| 458 | 459 | 13Article 1 Section 1. | |
| 459 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 14.1 (19) terminal illness, with a probable life expectancy of under one year, if the illness or | |
| 460 | - | 14.2its treatment produces one or more of the following: | |
| 461 | - | 14.3 (i) severe or chronic pain; | |
| 462 | - | 14.4 (ii) nausea or severe vomiting; or | |
| 463 | - | 14.5 (iii) cachexia or severe wasting; or | |
| 464 | - | 14.6 (20) any other medical condition or its treatment approved by the office. | |
| 465 | - | 14.7 Subd. 64.Registered designated caregiver."Registered designated caregiver" means | |
| 466 | - | 14.8an individual who: | |
| 467 | - | 14.9 (1) is at least 18 years old; | |
| 468 | - | 14.10 (2) is not disqualified for a criminal offense according to rules adopted pursuant to | |
| 469 | - | 14.11section 342.15, subdivision 2; | |
| 470 | - | 14.12 (3) has been approved by the Division of Medical Cannabis to assist a patient with | |
| 471 | - | 14.13obtaining medical cannabis flower and medical cannabinoid products from a cannabis | |
| 472 | - | 14.14retailer or medical cannabis retailer and with administering medical cannabis flower and | |
| 473 | - | 14.15medical cannabinoid products; and | |
| 474 | - | 14.16 (4) is authorized by the Division of Medical Cannabis to assist a patient with the use of | |
| 475 | - | 14.17medical cannabis flower and medical cannabinoid products. | |
| 476 | - | 14.18 Subd. 65.Registry or registry program."Registry" or "registry program" means the | |
| 477 | - | 14.19patient registry established under this chapter listing patients authorized to obtain medical | |
| 478 | - | 14.20cannabis flower, medical cannabinoid products, and medical cannabis paraphernalia from | |
| 479 | - | 14.21cannabis retailers and medical cannabis retailers and administer medical cannabis flower | |
| 480 | - | 14.22and medical cannabinoid products. | |
| 481 | - | 14.23 Subd. 66.Registry verification."Registry verification" means the verification provided | |
| 482 | - | 14.24by the Division of Medical Cannabis that a patient is enrolled in the registry program and | |
| 483 | - | 14.25that includes the patient's name, patient registry number, and, if applicable, the name of the | |
| 484 | - | 14.26patient's registered designated caregiver or parent, legal guardian, or spouse. | |
| 485 | - | 14.27 Subd. 67.Restricted area."Restricted area" means an area where cannabis flower or | |
| 486 | - | 14.28cannabis products are cultivated, manufactured, or stored by a cannabis business. | |
| 487 | - | 14.29 Subd. 68.Statewide monitoring system."Statewide monitoring system" means the | |
| 488 | - | 14.30system for integrated cannabis tracking, inventory, and verification established or adopted | |
| 489 | - | 14.31by the office. | |
| 460 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 14.1 Subd. 61.Registry or registry program."Registry" or "registry program" means the | |
| 461 | + | 14.2patient registry established under this chapter listing patients authorized to obtain medical | |
| 462 | + | 14.3cannabis flower, medical cannabinoid products, and medical cannabis paraphernalia from | |
| 463 | + | 14.4cannabis retailers and medical cannabis retailers and administer medical cannabis flower | |
| 464 | + | 14.5and medical cannabinoid products. | |
| 465 | + | 14.6 Subd. 62.Registry verification."Registry verification" means the verification provided | |
| 466 | + | 14.7by the Division of Medical Cannabis that a patient is enrolled in the registry program and | |
| 467 | + | 14.8that includes the patient's name, patient registry number, and, if applicable, the name of the | |
| 468 | + | 14.9patient's registered designated caregiver or parent, legal guardian, or spouse. | |
| 469 | + | 14.10 Subd. 63.Restricted area."Restricted area" means an area where cannabis flower or | |
| 470 | + | 14.11cannabis products are cultivated, manufactured, or stored by a cannabis business. | |
| 471 | + | 14.12 Subd. 64.Statewide monitoring system."Statewide monitoring system" means the | |
| 472 | + | 14.13system for integrated cannabis tracking, inventory, and verification established or adopted | |
| 473 | + | 14.14by the office. | |
| 474 | + | 14.15 Subd. 65.Synthetic cannabinoid."Synthetic cannabinoid" means a substance with a | |
| 475 | + | 14.16similar chemical structure and pharmacological activity to a cannabinoid but is not extracted | |
| 476 | + | 14.17or derived from cannabis plants, cannabis flower, hemp plants, or hemp plant parts and is | |
| 477 | + | 14.18instead created or produced by chemical or biochemical synthesis. | |
| 478 | + | 14.19 Subd. 66.Veteran."Veteran" means an individual who satisfies the requirements in | |
| 479 | + | 14.20section 197.447. | |
| 480 | + | 14.21 Subd. 67.Visiting designated caregiver."Visiting designated caregiver" means an | |
| 481 | + | 14.22individual who is authorized under a visiting patient's jurisdiction of residence to assist the | |
| 482 | + | 14.23visiting patient with the use of medical cannabis flower and medical cannabinoid products. | |
| 483 | + | 14.24To be considered a visiting designated caregiver, the individual must possess a valid | |
| 484 | + | 14.25verification card or its equivalent that is issued by the visiting patient's jurisdiction of | |
| 485 | + | 14.26residence and that verifies that the individual is authorized to assist the visiting patient with | |
| 486 | + | 14.27the administration of medical cannabis flower and medical cannabinoid products under the | |
| 487 | + | 14.28laws or regulations of the visiting patient's jurisdiction of residence. | |
| 488 | + | 14.29 Subd. 68.Visiting patient."Visiting patient" means an individual who is not a Minnesota | |
| 489 | + | 14.30resident and who possesses a valid registration verification card or its equivalent that is | |
| 490 | + | 14.31issued under the laws or regulations of another state, district, commonwealth, or territory | |
| 491 | + | 14.32of the United States verifying that the individual is enrolled in or authorized to participate | |
| 492 | + | 14.33in that jurisdiction's medical cannabis or medical marijuana program. | |
| 490 | 493 | 14Article 1 Section 1. | |
| 491 | - | REVISOR BD H0100- | |
| 492 | - | 15. | |
| 493 | - | 15. | |
| 494 | - | 15. | |
| 495 | - | 15.5 | |
| 496 | - | 15. | |
| 497 | - | 15. | |
| 498 | - | 15. | |
| 499 | - | 15. | |
| 500 | - | 15. | |
| 501 | - | 15. | |
| 502 | - | 15.12 | |
| 503 | - | 15. | |
| 504 | - | 15. | |
| 505 | - | 15. | |
| 506 | - | 15. | |
| 507 | - | 15.17 | |
| 508 | - | 15. | |
| 509 | - | 15. | |
| 510 | - | 15. | |
| 511 | - | 15. | |
| 512 | - | 15.22 ( | |
| 513 | - | 15. | |
| 514 | - | 15.24 (4) | |
| 515 | - | 15. | |
| 516 | - | 15.26 ( | |
| 517 | - | 15. | |
| 518 | - | 15.28 | |
| 519 | - | 15.29 ( | |
| 520 | - | 15. | |
| 494 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 15.1 Subd. 69.Volatile solvent."Volatile solvent" means any solvent that is or produces a | |
| 495 | + | 15.2flammable gas or vapor that, when present in the air in sufficient quantities, will create | |
| 496 | + | 15.3explosive or ignitable mixtures. Volatile solvent includes but is not limited to butane, hexane, | |
| 497 | + | 15.4and propane. | |
| 498 | + | 15.5 Sec. 2. [342.02] OFFICE OF CANNABIS MANAGEMENT . | |
| 499 | + | 15.6 Subdivision 1.Establishment.The Office of Cannabis Management is created with the | |
| 500 | + | 15.7powers and duties established by law. In making rules, establishing policy, and exercising | |
| 501 | + | 15.8its regulatory authority over the cannabis industry and hemp consumer industry, the office | |
| 502 | + | 15.9must: | |
| 503 | + | 15.10 (1) promote the public health and welfare; | |
| 504 | + | 15.11 (2) protect public safety; | |
| 505 | + | 15.12 (3) eliminate the illicit market for cannabis flower and cannabis products; | |
| 506 | + | 15.13 (4) meet the market demand for cannabis flower and cannabis products; | |
| 507 | + | 15.14 (5) promote a craft industry for cannabis flower and cannabis products; and | |
| 508 | + | 15.15 (6) prioritize growth and recovery in communities that have experienced a | |
| 509 | + | 15.16disproportionate, negative impact from cannabis prohibition. | |
| 510 | + | 15.17 Subd. 2.Powers and duties.The office has the following powers and duties: | |
| 511 | + | 15.18 (1) to develop, maintain, and enforce an organized system of regulation for the cannabis | |
| 512 | + | 15.19industry and hemp consumer industry; | |
| 513 | + | 15.20 (2) to establish programming, services, and notification to protect, maintain, and improve | |
| 514 | + | 15.21the health of citizens; | |
| 515 | + | 15.22 (3) to prevent unauthorized access to cannabis flower, cannabis products, lower-potency | |
| 516 | + | 15.23hemp edibles, and hemp-derived consumer products by individuals under 21 years of age; | |
| 517 | + | 15.24 (4) to establish and regularly update standards for product testing, packaging, and | |
| 518 | + | 15.25labeling; | |
| 519 | + | 15.26 (5) to promote economic growth with an emphasis on growth in areas that experienced | |
| 520 | + | 15.27a disproportionate, negative impact from cannabis prohibition; | |
| 521 | + | 15.28 (6) to issue and renew licenses; | |
| 522 | + | 15.29 (7) to require fingerprints from individuals determined to be subject to fingerprinting, | |
| 523 | + | 15.30including the submission of fingerprints to the Federal Bureau of Investigation where | |
| 521 | 524 | 15Article 1 Sec. 2. | |
| 522 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 16.1 (2) to establish programming, services, and notification to protect, maintain, and improve | |
| 523 | - | 16.2the health of citizens; | |
| 524 | - | 16.3 (3) to prevent unauthorized access to cannabis flower, cannabis products, lower-potency | |
| 525 | - | 16.4hemp edibles, and hemp-derived consumer products by individuals under 21 years of age; | |
| 526 | - | 16.5 (4) to establish and regularly update standards for product manufacturing, testing, | |
| 527 | - | 16.6packaging, and labeling, including requirements for an expiration, sell-by, or best-used-by | |
| 528 | - | 16.7date; | |
| 529 | - | 16.8 (5) to promote economic growth with an emphasis on growth in areas that experienced | |
| 530 | - | 16.9a disproportionate, negative impact from cannabis prohibition; | |
| 531 | - | 16.10 (6) to issue and renew licenses; | |
| 532 | - | 16.11 (7) to require fingerprints from individuals determined to be subject to fingerprinting, | |
| 533 | - | 16.12including the submission of fingerprints to the Federal Bureau of Investigation where | |
| 534 | - | 16.13required by law and to obtain criminal conviction data for individuals seeking a license | |
| 535 | - | 16.14from the office on the individual's behalf or as a cooperative member or director, manager, | |
| 536 | - | 16.15or general partner of a business entity; | |
| 537 | - | 16.16 (8) to receive reports required by this chapter and inspect the premises, records, books, | |
| 538 | - | 16.17and other documents of license holders to ensure compliance with all applicable laws and | |
| 539 | - | 16.18rules; | |
| 540 | - | 16.19 (9) to authorize the use of unmarked motor vehicles to conduct seizures or investigations | |
| 541 | - | 16.20pursuant to the office's authority; | |
| 542 | - | 16.21 (10) to impose and collect civil and administrative penalties as provided in this chapter; | |
| 543 | - | 16.22 (11) to publish such information as may be deemed necessary for the welfare of cannabis | |
| 544 | - | 16.23businesses, cannabis workers, hemp businesses, and hemp workers and the health and safety | |
| 545 | - | 16.24of citizens; | |
| 546 | - | 16.25 (12) to make loans and grants in aid to the extent that appropriations are made available | |
| 547 | - | 16.26for that purpose; | |
| 548 | - | 16.27 (13) to authorize research and studies on cannabis flower, cannabis products, artificially | |
| 549 | - | 16.28derived cannabinoids, lower-potency hemp edibles, hemp-derived consumer products, the | |
| 550 | - | 16.29cannabis industry, and the hemp consumer industry; | |
| 551 | - | 16.30 (14) to provide reports as required by law; | |
| 552 | - | 16.31 (15) to develop a warning label regarding the effects of the use of cannabis flower and | |
| 553 | - | 16.32cannabis products by persons 25 years of age or younger; | |
| 525 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 16.1required by law and to obtain criminal conviction data for individuals seeking a license | |
| 526 | + | 16.2from the office on the individual's behalf or as a cooperative member or director, manager, | |
| 527 | + | 16.3or general partner of a business entity; | |
| 528 | + | 16.4 (8) to receive reports required by this chapter and inspect the premises, records, books, | |
| 529 | + | 16.5and other documents of license holders to ensure compliance with all applicable laws and | |
| 530 | + | 16.6rules; | |
| 531 | + | 16.7 (9) to authorize the use of unmarked motor vehicles to conduct seizures or investigations | |
| 532 | + | 16.8pursuant to the office's authority; | |
| 533 | + | 16.9 (10) to impose and collect civil and administrative penalties as provided in this chapter; | |
| 534 | + | 16.10 (11) to publish such information as may be deemed necessary for the welfare of cannabis | |
| 535 | + | 16.11businesses, cannabis workers, hemp businesses, hemp workers, and the health and safety | |
| 536 | + | 16.12of citizens; | |
| 537 | + | 16.13 (12) to make loans and grants in aid to the extent that appropriations are made available | |
| 538 | + | 16.14for that purpose; | |
| 539 | + | 16.15 (13) to authorize research and studies on cannabis flower, cannabis products, artificially | |
| 540 | + | 16.16derived cannabinoids, lower-potency hemp edibles, hemp-derived consumer products, the | |
| 541 | + | 16.17cannabis industry, and the hemp consumer industry; | |
| 542 | + | 16.18 (14) to provide reports as required by law; | |
| 543 | + | 16.19 (15) to establish limits on the potency of cannabis flower and cannabis products that can | |
| 544 | + | 16.20be sold to customers by licensed cannabis retailers and licensed cannabis microbusinesses | |
| 545 | + | 16.21with an endorsement to sell cannabis flower and cannabis products to customers; and | |
| 546 | + | 16.22 (16) to exercise other powers and authority and perform other duties required by law. | |
| 547 | + | 16.23 Subd. 3.Medical cannabis program.The powers and duties of the Department of | |
| 548 | + | 16.24Health with respect to the medical cannabis program under Minnesota Statutes 2022, sections | |
| 549 | + | 16.25152.22 to 152.37, are transferred to the Office of Cannabis Management under section | |
| 550 | + | 16.2615.039. State employees shall not be displaced by the transfer of duties from the Department | |
| 551 | + | 16.27of Health medical cannabis program to the Office of Cannabis Management under this | |
| 552 | + | 16.28subdivision. | |
| 553 | + | 16.29 Subd. 4.Interagency agreements.(a) The office and the commissioner of agriculture | |
| 554 | + | 16.30shall enter into interagency agreements to ensure that edible cannabis products and | |
| 555 | + | 16.31lower-potency hemp edibles are handled, manufactured, and inspected in a manner that is | |
| 554 | 556 | 16Article 1 Sec. 2. | |
| 555 | - | REVISOR BD H0100- | |
| 556 | - | 17. | |
| 557 | - | 17. | |
| 558 | - | 17. | |
| 559 | - | 17. | |
| 560 | - | 17. | |
| 561 | - | 17. | |
| 562 | - | 17. | |
| 563 | - | 17. | |
| 564 | - | 17. | |
| 565 | - | 17. | |
| 566 | - | 17. | |
| 567 | - | 17.13 ( | |
| 568 | - | 17. | |
| 569 | - | 17. | |
| 570 | - | 17. | |
| 571 | - | 17. | |
| 572 | - | 17. | |
| 573 | - | 17. | |
| 574 | - | 17. | |
| 575 | - | 17. | |
| 576 | - | 17. | |
| 577 | - | 17.23 ( | |
| 578 | - | 17. | |
| 579 | - | 17. | |
| 580 | - | 17. | |
| 581 | - | 17. | |
| 582 | - | 17. | |
| 583 | - | 17. | |
| 584 | - | 17. | |
| 585 | - | 17.31 ( | |
| 586 | - | 17. | |
| 557 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 17.1consistent with the relevant food safety requirements in chapters 28A, 31, and 34A and | |
| 558 | + | 17.2associated rules. | |
| 559 | + | 17.3 (b) The office may cooperate and enter into other agreements with the commissioner of | |
| 560 | + | 17.4agriculture and may cooperate and enter into agreements with the commissioners and | |
| 561 | + | 17.5directors of other state agencies and departments to promote the beneficial interests of the | |
| 562 | + | 17.6state. | |
| 563 | + | 17.7 Subd. 5.Rulemaking.The office may adopt rules to implement any provisions in this | |
| 564 | + | 17.8chapter. Rules for which notice is published in the State Register before July 1, 2025, may | |
| 565 | + | 17.9be adopted using the expedited rulemaking process in section 14.389. | |
| 566 | + | 17.10 Subd. 6.Director.(a) The governor shall appoint a director of the office with the advice | |
| 567 | + | 17.11and consent of the senate. The director must be in the unclassified service and must serve | |
| 568 | + | 17.12at the pleasure of the governor. | |
| 569 | + | 17.13 (b) The salary of the director must not exceed the salary limit established under section | |
| 570 | + | 17.1415A.0815, subdivision 3. | |
| 571 | + | 17.15 (c) Four years prior to being nominated to serve as director, while serving as the director, | |
| 572 | + | 17.16and within four years after terminating service, the director is prohibited from having a | |
| 573 | + | 17.17direct or an indirect financial interest in a cannabis business or hemp business licensed under | |
| 574 | + | 17.18this chapter. The director is permanently prohibited from registering as a lobbyist after | |
| 575 | + | 17.19terminating service. | |
| 576 | + | 17.20 (d) The director must not have been a member of the Minnesota legislature, held a | |
| 577 | + | 17.21constitutional office, registered as a lobbyist, or served as a director of a statewide agency | |
| 578 | + | 17.22for at least four years before appointment. | |
| 579 | + | 17.23 (e) No later than June 15, 2023, the governor shall appoint an advisory committee to | |
| 580 | + | 17.24consult with during the hiring process for the director. The advisory committee shall be | |
| 581 | + | 17.25comprised of: | |
| 582 | + | 17.26 (1) two members of the house of representatives, one appointed by the majority party | |
| 583 | + | 17.27and one by the minority party; | |
| 584 | + | 17.28 (2) two members of the senate, one appointed by the majority party and one by the | |
| 585 | + | 17.29minority party; | |
| 586 | + | 17.30 (3) an expert in cannabis policy; | |
| 587 | + | 17.31 (4) an expert in economic equity; | |
| 588 | + | 17.32 (5) an expert in cannabis science; | |
| 587 | 589 | 17Article 1 Sec. 2. | |
| 588 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 18.1 (1) the employment status and job classification of a transferred employee shall not be | |
| 589 | - | 18.2altered as a result of the transfer; | |
| 590 | - | 18.3 (2) transferred employees who were represented by an exclusive representative prior to | |
| 591 | - | 18.4the transfer shall continue to be represented by the same exclusive representative after the | |
| 592 | - | 18.5transfer; | |
| 593 | - | 18.6 (3) the applicable collective bargaining agreements with exclusive representatives shall | |
| 594 | - | 18.7continue in full force and effect for such transferred employees after the transfer; | |
| 595 | - | 18.8 (4) the state must meet and negotiate with the exclusive representatives of the transferred | |
| 596 | - | 18.9employees about any proposed changes affecting or relating to the transferred employees' | |
| 597 | - | 18.10terms and conditions of employment to the extent such changes are not addressed in the | |
| 598 | - | 18.11applicable collective bargaining agreement; and | |
| 599 | - | 18.12 (5) for an employee in a temporary unclassified position transferred to the Office of | |
| 600 | - | 18.13Cannabis Management, the total length of time that the employee has served in the | |
| 601 | - | 18.14appointment shall include all time served in the appointment and the transferring agency | |
| 602 | - | 18.15and the time served in the appointment at the Office of Cannabis Management. An employee | |
| 603 | - | 18.16in a temporary unclassified position who was hired by a transferring agency through an | |
| 604 | - | 18.17open competitive selection process in accordance with a policy enacted by Minnesota | |
| 605 | - | 18.18Management and Budget shall be considered to have been hired through such process after | |
| 606 | - | 18.19the transfer. | |
| 607 | - | 18.20 Subd. 4.Interagency agreements.(a) The office and the commissioner of agriculture | |
| 608 | - | 18.21shall enter into interagency agreements to ensure that edible cannabis products and | |
| 609 | - | 18.22lower-potency hemp edibles are handled, manufactured, and inspected in a manner that is | |
| 610 | - | 18.23consistent with the relevant food safety requirements in chapters 28A, 31, and 34A and | |
| 611 | - | 18.24associated rules. | |
| 612 | - | 18.25 (b) The office may cooperate and enter into other agreements with the commissioner of | |
| 613 | - | 18.26agriculture and may cooperate and enter into agreements with the commissioners and | |
| 614 | - | 18.27directors of other state agencies and departments to promote the beneficial interests of the | |
| 615 | - | 18.28state. | |
| 616 | - | 18.29 Subd. 5.Rulemaking.The office may adopt rules to implement any provisions in this | |
| 617 | - | 18.30chapter. Rules for which notice is published in the State Register before July 1, 2025, may | |
| 618 | - | 18.31be adopted using the expedited rulemaking process in section 14.389. | |
| 590 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 18.1 (6) an expert in restorative justice; | |
| 591 | + | 18.2 (7) an expert in harm reduction; | |
| 592 | + | 18.3 (8) an expert on race, equity, and inclusion; | |
| 593 | + | 18.4 (9) a medical cannabis patient; | |
| 594 | + | 18.5 (10) an individual who has been justice involved for the sale of cannabis; and | |
| 595 | + | 18.6 (11) an individual with experience in implementing an adult use legalization program. | |
| 596 | + | 18.7 (f) While serving on the search committee, members may not: | |
| 597 | + | 18.8 (1) have a financial interest in a cannabis business or hemp business; | |
| 598 | + | 18.9 (2) be a director or officer of a pharmaceutical company; or | |
| 599 | + | 18.10 (3) be a registered lobbyist. | |
| 600 | + | 18.11 (g) Members of the advisory committee are not eligible for reimbursement. | |
| 601 | + | 18.12 (h) The governor shall designate a chair of the committee who shall convene the first | |
| 602 | + | 18.13meeting. The committee may elect other officers as needed. Meetings of the committee are | |
| 603 | + | 18.14subject to chapter 13D. | |
| 604 | + | 18.15 (i) The commissioner of agriculture shall provide space and support for the advisory | |
| 605 | + | 18.16committee. The advisory committee expires on August 1, 2023. | |
| 606 | + | 18.17 Subd. 7.Employees.(a) The office may employ other personnel in the classified service | |
| 607 | + | 18.18necessary to carry out the duties in this chapter. | |
| 608 | + | 18.19 (b) Upon request by the office, a prospective employee of the office must submit a | |
| 609 | + | 18.20completed criminal history records check consent form, a full set of classifiable fingerprints, | |
| 610 | + | 18.21and the required fees to the office. Upon receipt of this information, the office must submit | |
| 611 | + | 18.22the completed criminal history records check consent form, full set of classifiable fingerprints, | |
| 612 | + | 18.23and required fees to the Bureau of Criminal Apprehension. After receiving this information, | |
| 613 | + | 18.24the bureau must conduct a Minnesota criminal history records check of the prospective | |
| 614 | + | 18.25employee. The bureau may exchange a prospective employee's fingerprints with the Federal | |
| 615 | + | 18.26Bureau of Investigation to obtain the prospective employee's national criminal history record | |
| 616 | + | 18.27information. The bureau must return the results of the Minnesota and federal criminal history | |
| 617 | + | 18.28records checks to the director to determine if the prospective employee is disqualified under | |
| 618 | + | 18.29rules adopted pursuant to section 342.15. | |
| 619 | 619 | 18Article 1 Sec. 2. | |
| 620 | - | REVISOR BD H0100- | |
| 621 | - | 19. | |
| 622 | - | 19. | |
| 623 | - | 19.4 | |
| 624 | - | 19. | |
| 625 | - | 19.6 | |
| 626 | - | 19. | |
| 627 | - | 19. | |
| 628 | - | 19. | |
| 629 | - | 19. | |
| 630 | - | 19. | |
| 631 | - | 19. | |
| 632 | - | 19. | |
| 633 | - | 19. | |
| 634 | - | 19. | |
| 635 | - | 19. | |
| 636 | - | 19. | |
| 637 | - | 19. | |
| 638 | - | 19. | |
| 639 | - | 19. | |
| 640 | - | 19.21 ( | |
| 641 | - | 19. | |
| 642 | - | 19. | |
| 643 | - | 19. | |
| 644 | - | 19. | |
| 645 | - | 19.26 ( | |
| 646 | - | 19. | |
| 647 | - | 19.28 ( | |
| 648 | - | 19. | |
| 649 | - | 19.30 | |
| 650 | - | 19 | |
| 651 | - | ||
| 652 | - | ||
| 653 | - | 20. | |
| 654 | - | 20. | |
| 655 | - | 20. | |
| 656 | - | 20. | |
| 657 | - | 20. | |
| 658 | - | 20. | |
| 659 | - | 20. | |
| 660 | - | 20. | |
| 661 | - | 20. | |
| 662 | - | 20. | |
| 663 | - | 20. | |
| 664 | - | 20. | |
| 665 | - | 20. | |
| 666 | - | 20. | |
| 667 | - | 20. | |
| 668 | - | 20. | |
| 669 | - | 20. | |
| 670 | - | 20. | |
| 671 | - | 20. | |
| 672 | - | 20. | |
| 673 | - | 20. | |
| 674 | - | 20. | |
| 675 | - | 20. | |
| 676 | - | 20. | |
| 677 | - | 20. | |
| 678 | - | 20. | |
| 679 | - | 20. | |
| 680 | - | 20. | |
| 620 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 19.1 (c) While employed by the office and within two years after terminating employment, | |
| 621 | + | 19.2an employee may not have a direct or an indirect financial interest in a cannabis business | |
| 622 | + | 19.3licensed under this chapter. | |
| 623 | + | 19.4 Subd. 8.Division of Social Equity.The office must establish a Division of Social Equity. | |
| 624 | + | 19.5At a minimum, the division must: | |
| 625 | + | 19.6 (1) administer grants to communities that experienced a disproportionate, negative impact | |
| 626 | + | 19.7from cannabis prohibition in order to promote economic development, provide services to | |
| 627 | + | 19.8prevent violence, support early intervention programs for youth and families, and promote | |
| 628 | + | 19.9community stability and safety; | |
| 629 | + | 19.10 (2) act as an ombudsperson for the office to provide information, investigate complaints | |
| 630 | + | 19.11under this chapter, and provide or facilitate dispute resolutions; and | |
| 631 | + | 19.12 (3) report to the office on the status of complaints and social equity in the cannabis | |
| 632 | + | 19.13industry. | |
| 633 | + | 19.14 EFFECTIVE DATE.This section is effective July 1, 2023, except for subdivision 2, | |
| 634 | + | 19.15paragraphs (e), (f), (g), (h), and (i), which are effective the day following final enactment, | |
| 635 | + | 19.16and subdivision 3, which is effective January 1, 2024. | |
| 636 | + | 19.17Sec. 3. [342.03] CANNABIS ADVISORY COUNCIL. | |
| 637 | + | 19.18 Subdivision 1.Membership.(a) The Cannabis Advisory Council is created consisting | |
| 638 | + | 19.19of the following members: | |
| 639 | + | 19.20 (1) the director of the Office of Cannabis Management or a designee; | |
| 640 | + | 19.21 (2) the commissioner of employment and economic development or a designee; | |
| 641 | + | 19.22 (3) the commissioner of revenue or a designee; | |
| 642 | + | 19.23 (4) the commissioner of health or a designee; | |
| 643 | + | 19.24 (5) the commissioner of public safety or a designee; | |
| 644 | + | 19.25 (6) the commissioner of human rights or a designee; | |
| 645 | + | 19.26 (7) the commissioner of labor or a designee; | |
| 646 | + | 19.27 (8) the commissioner of agriculture or a designee; | |
| 647 | + | 19.28 (9) the commissioner of the Pollution Control Agency or a designee; | |
| 648 | + | 19.29 (10) the superintendent of the Bureau of Criminal Apprehension or a designee; | |
| 649 | + | 19.30 (11) a representative from the League of Minnesota Cities appointed by the league; | |
| 650 | + | 19Article 1 Sec. 3. | |
| 651 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 20.1 (12) a representative from the Association of Minnesota Counties appointed by the | |
| 652 | + | 20.2association; | |
| 653 | + | 20.3 (13) an expert in minority business development appointed by the governor; | |
| 654 | + | 20.4 (14) an expert in economic development strategies for under-resourced communities | |
| 655 | + | 20.5appointed by the governor; | |
| 656 | + | 20.6 (15) an expert in farming or representing the interests of farmers appointed by the | |
| 657 | + | 20.7governor; | |
| 658 | + | 20.8 (16) an expert representing the interests of cannabis workers appointed by the governor; | |
| 659 | + | 20.9 (17) an expert representing the interests of employers appointed by the governor; | |
| 660 | + | 20.10 (18) an expert in municipal law enforcement with advanced training in impairment | |
| 661 | + | 20.11detection and evaluation appointed by the governor; | |
| 662 | + | 20.12 (19) an expert in social welfare or social justice appointed by the governor; | |
| 663 | + | 20.13 (20) an expert in criminal justice reform to mitigate the disproportionate impact of drug | |
| 664 | + | 20.14prosecutions on communities of color appointed by the governor; | |
| 665 | + | 20.15 (21) an expert in the prevention and treatment of substance use disorders appointed by | |
| 666 | + | 20.16the governor; | |
| 667 | + | 20.17 (22) an expert in minority business ownership appointed by the governor; | |
| 668 | + | 20.18 (23) an expert in women-owned businesses appointed by the governor; | |
| 669 | + | 20.19 (24) an expert in cannabis retailing appointed by the governor; | |
| 670 | + | 20.20 (25) an expert in cannabis product manufacturing appointed by the governor; | |
| 671 | + | 20.21 (26) an expert in laboratory sciences and toxicology appointed by the governor; | |
| 672 | + | 20.22 (27) an expert in providing legal services to cannabis businesses appointed by the | |
| 673 | + | 20.23governor; | |
| 674 | + | 20.24 (28) an expert in cannabis cultivation appointed by the governor; | |
| 675 | + | 20.25 (29) two patient advocates, one who is a patient enrolled in the medical cannabis program | |
| 676 | + | 20.26and one patient with experience in the mental health system or substance use disorder | |
| 677 | + | 20.27treatment system appointed by the governor; | |
| 678 | + | 20.28 (30) a veteran appointed by the governor; | |
| 679 | + | 20.29 (31) one member of each of the following federally recognized Tribes, designated by | |
| 680 | + | 20.30the elected Tribal president or chairperson of the governing bodies of: | |
| 681 | 681 | 20Article 1 Sec. 3. | |
| 682 | - | REVISOR BD H0100- | |
| 683 | - | 21.2 ( | |
| 684 | - | 21. | |
| 685 | - | 21.4 ( | |
| 686 | - | 21. | |
| 687 | - | 21.6 ( | |
| 688 | - | 21.7 ( | |
| 689 | - | 21.8 ( | |
| 690 | - | 21.9 ( | |
| 691 | - | 21.10 ( | |
| 692 | - | 21.11 ( | |
| 693 | - | 21. | |
| 694 | - | 21. | |
| 695 | - | 21.14 ( | |
| 696 | - | 21. | |
| 697 | - | 21. | |
| 698 | - | 21. | |
| 699 | - | 21. | |
| 700 | - | 21. | |
| 701 | - | 21. | |
| 702 | - | 21. | |
| 703 | - | 21.22 ( | |
| 704 | - | 21. | |
| 705 | - | 21. | |
| 706 | - | 21.25 ( | |
| 707 | - | 21.26 ( | |
| 708 | - | 21.27 ( | |
| 709 | - | 21.28 ( | |
| 710 | - | 21.29 ( | |
| 682 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 21.1 (i) the Fond du Lac Band; | |
| 683 | + | 21.2 (ii) the Grand Portage Band; | |
| 684 | + | 21.3 (iii) the Mille Lacs Band; | |
| 685 | + | 21.4 (iv) the White Earth Band; | |
| 686 | + | 21.5 (v) the Bois Forte Band; | |
| 687 | + | 21.6 (vi) the Leech Lake Band; | |
| 688 | + | 21.7 (vii) the Red Lake Nation; | |
| 689 | + | 21.8 (viii) the Upper Sioux Community; | |
| 690 | + | 21.9 (ix) the Lower Sioux Indian Community; | |
| 691 | + | 21.10 (x) the Shakopee Mdewakanton Sioux Community; and | |
| 692 | + | 21.11 (xi) the Prairie Island Indian Community; and | |
| 693 | + | 21.12 (32) a representative from the Local Public Health Association of Minnesota appointed | |
| 694 | + | 21.13by the association. | |
| 695 | + | 21.14 (b) Four years before being nominated to serve on the Cannabis Advisory Council, while | |
| 696 | + | 21.15serving on the Cannabis Advisory Council, and within four years after terminating service, | |
| 697 | + | 21.16a council member shall not serve as a lobbyist, as defined under section 10A.01, subdivision | |
| 698 | + | 21.1721. | |
| 699 | + | 21.18 Subd. 2.Terms; compensation; removal; vacancy; expiration.The membership terms, | |
| 700 | + | 21.19compensation, removal of members appointed by the governor, and filling of vacancies of | |
| 701 | + | 21.20members are provided in section 15.059. Notwithstanding section 15.059, subdivision 6, | |
| 702 | + | 21.21the advisory council shall not expire. | |
| 703 | + | 21.22 Subd. 3.Officers; meetings.(a) The director of the Office of Cannabis Management | |
| 704 | + | 21.23or the director's designee must chair the Cannabis Advisory Council. The advisory council | |
| 705 | + | 21.24must elect a vice-chair and may elect other officers as necessary. | |
| 706 | + | 21.25 (b) The advisory council shall meet quarterly or upon the call of the chair. | |
| 707 | + | 21.26 (c) Meetings of the advisory council are subject to chapter 13D. | |
| 708 | + | 21.27 Subd. 4.Duties.(a) The duties of the advisory council shall include: | |
| 709 | + | 21.28 (1) reviewing national cannabis policy; | |
| 710 | + | 21.29 (2) examining the effectiveness of state cannabis policy; | |
| 711 | 711 | 21Article 1 Sec. 3. | |
| 712 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 22.1 (vii) the Red Lake Nation; | |
| 713 | - | 22.2 (viii) the Upper Sioux Community; | |
| 714 | - | 22.3 (ix) the Lower Sioux Indian Community; | |
| 715 | - | 22.4 (x) the Shakopee Mdewakanton Sioux Community; and | |
| 716 | - | 22.5 (xi) the Prairie Island Indian Community; and | |
| 717 | - | 22.6 (38) a representative from the Local Public Health Association of Minnesota appointed | |
| 718 | - | 22.7by the association. | |
| 719 | - | 22.8 Subd. 2.Terms; compensation; removal; vacancy; expiration.The membership terms, | |
| 720 | - | 22.9compensation, removal of members appointed by the governor, and filling of vacancies of | |
| 721 | - | 22.10members are provided in section 15.059. Notwithstanding section 15.059, subdivision 6, | |
| 722 | - | 22.11the advisory council shall not expire. | |
| 723 | - | 22.12 Subd. 3.Officers; meetings.(a) The director of the Office of Cannabis Management | |
| 724 | - | 22.13or the director's designee must chair the Cannabis Advisory Council. The advisory council | |
| 725 | - | 22.14must elect a vice-chair and may elect other officers as necessary. | |
| 726 | - | 22.15 (b) The advisory council shall meet quarterly or upon the call of the chair. | |
| 727 | - | 22.16 (c) Meetings of the advisory council are subject to chapter 13D. | |
| 728 | - | 22.17 Subd. 4.Duties.(a) The duties of the advisory council shall include: | |
| 729 | - | 22.18 (1) reviewing national cannabis policy; | |
| 730 | - | 22.19 (2) examining the effectiveness of state cannabis policy; | |
| 731 | - | 22.20 (3) reviewing developments in the cannabis industry and hemp consumer industry; | |
| 732 | - | 22.21 (4) reviewing developments in the study of cannabis flower, cannabis products, artificially | |
| 733 | - | 22.22derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products; | |
| 734 | - | 22.23 (5) taking public testimony; and | |
| 735 | - | 22.24 (6) making recommendations to the Office of Cannabis Management. | |
| 736 | - | 22.25 (b) At its discretion, the advisory council may examine other related issues consistent | |
| 737 | - | 22.26with this section. | |
| 738 | - | 22.27Sec. 4. [342.04] STUDIES; REPORTS. | |
| 739 | - | 22.28 (a) The office shall conduct a study to determine the expected size and growth of the | |
| 740 | - | 22.29regulated cannabis industry and hemp consumer industry, including an estimate of the | |
| 712 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 22.1 (3) reviewing developments in the cannabis industry; | |
| 713 | + | 22.2 (4) reviewing developments in the study of cannabis flower, cannabis products, artificially | |
| 714 | + | 22.3derived cannabinoids, lower-potency edible products, and hemp-derived consumer products; | |
| 715 | + | 22.4 (5) taking public testimony; and | |
| 716 | + | 22.5 (6) making recommendations to the Office of Cannabis Management. | |
| 717 | + | 22.6 (b) At its discretion, the advisory council may examine other related issues consistent | |
| 718 | + | 22.7with this section. | |
| 719 | + | 22.8 Sec. 4. [342.04] STUDIES; REPORTS. | |
| 720 | + | 22.9 (a) The office shall conduct a study to determine the expected size and growth of the | |
| 721 | + | 22.10regulated cannabis industry, including an estimate of the demand for cannabis flower and | |
| 722 | + | 22.11cannabis products, the number and geographic distribution of cannabis businesses needed | |
| 723 | + | 22.12to meet that demand, and the anticipated business from residents of other states. | |
| 724 | + | 22.13 (b) The office shall conduct a study to determine the size of the illicit cannabis market, | |
| 725 | + | 22.14the sources of illicit cannabis flower and illicit cannabis products in the state, the locations | |
| 726 | + | 22.15of citations issued and arrests made for cannabis offenses, and the subareas, such as census | |
| 727 | + | 22.16tracts or neighborhoods, that experience a disproportionately large amount of cannabis | |
| 728 | + | 22.17enforcement. | |
| 729 | + | 22.18 (c) The office shall conduct a study on impaired driving to determine the number of | |
| 730 | + | 22.19accidents involving one or more drivers who admitted to using cannabis flower, cannabis | |
| 731 | + | 22.20products, lower-potency hemp edibles, or hemp-derived consumer products, or who tested | |
| 732 | + | 22.21positive for cannabis or tetrahydrocannabinol, the number of arrests of individuals for | |
| 733 | + | 22.22impaired driving in which the individual tested positive for cannabis or tetrahydrocannabinol, | |
| 734 | + | 22.23and the number of convictions for driving under the influence of cannabis flower, cannabis | |
| 735 | + | 22.24products, lower-potency hemp edibles, hemp-derived consumer products, or | |
| 736 | + | 22.25tetrahydrocannabinol. | |
| 737 | + | 22.26 (d) The office shall provide preliminary reports on the studies conducted pursuant to | |
| 738 | + | 22.27paragraphs (a) to (c) to the legislature by January 15, 2024, and shall provide final reports | |
| 739 | + | 22.28to the legislature by January 15, 2025. Each report may be consolidated with other annual | |
| 740 | + | 22.29reports that the office is required to submit. | |
| 741 | + | 22.30 (e) The office shall conduct a study on the state's mental health system and substance | |
| 742 | + | 22.31use disorder treatment system to determine the rates at which individuals access those | |
| 743 | + | 22.32systems. At a minimum, the report shall include information about the number of people | |
| 741 | 744 | 22Article 1 Sec. 4. | |
| 742 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 23.1demand for cannabis flower and cannabis products, the number and geographic distribution | |
| 743 | - | 23.2of cannabis businesses needed to meet that demand, and the anticipated business from | |
| 744 | - | 23.3residents of other states. | |
| 745 | - | 23.4 (b) The office shall conduct a study to determine the size of the illicit cannabis market, | |
| 746 | - | 23.5the sources of illicit cannabis flower and illicit cannabis products in the state, the locations | |
| 747 | - | 23.6of citations issued and arrests made for cannabis offenses, and the subareas, such as census | |
| 748 | - | 23.7tracts or neighborhoods, that experience a disproportionately large amount of cannabis | |
| 749 | - | 23.8enforcement. | |
| 750 | - | 23.9 (c) The office shall conduct a study on impaired driving to determine: | |
| 751 | - | 23.10 (1) the number of accidents involving one or more drivers who admitted to using cannabis | |
| 752 | - | 23.11flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products, | |
| 753 | - | 23.12or who tested positive for cannabis or tetrahydrocannabinol; | |
| 754 | - | 23.13 (2) the number of arrests of individuals for impaired driving in which the individual | |
| 755 | - | 23.14tested positive for cannabis or tetrahydrocannabinol; and | |
| 756 | - | 23.15 (3) the number of convictions for driving under the influence of cannabis flower, cannabis | |
| 757 | - | 23.16products, lower-potency hemp edibles, hemp-derived consumer products, or | |
| 758 | - | 23.17tetrahydrocannabinol. | |
| 759 | - | 23.18 (d) The office shall provide preliminary reports on the studies conducted pursuant to | |
| 760 | - | 23.19paragraphs (a) to (c) to the legislature by January 15, 2024, and shall provide final reports | |
| 761 | - | 23.20to the legislature by January 15, 2025. The reports may be consolidated into a single report | |
| 762 | - | 23.21by the office. | |
| 763 | - | 23.22 (e) The office shall collect existing data from the Department of Human Services, | |
| 764 | - | 23.23Department of Health, Minnesota state courts, and hospitals licensed under chapter 144 on | |
| 765 | - | 23.24the utilization of mental health and substance use disorder services, emergency room visits, | |
| 766 | - | 23.25and commitments to identify any increase in the services provided or any increase in the | |
| 767 | - | 23.26number of visits or commitments. The office shall also obtain summary data from existing | |
| 768 | - | 23.27first episode psychosis programs on the number of persons served by the programs and | |
| 769 | - | 23.28number of persons on the waiting list. All information collected by the office under this | |
| 770 | - | 23.29paragraph shall be included in the report required under paragraph (f). | |
| 771 | - | 23.30 (f) The office shall conduct an annual market analysis on the status of the regulated | |
| 772 | - | 23.31cannabis industry and submit a report of the findings. The office shall submit the report by | |
| 773 | - | 23.32January 15, 2025, and each January 15 thereafter and the report may be combined with the | |
| 774 | - | 23.33annual report submitted by the office. The process of completing the market analysis must | |
| 745 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 23.1admitted to emergency rooms for treatment of a mental illness or substance use disorder, | |
| 746 | + | 23.2ordered by a court to participate in mental health or substance use programming, and who | |
| 747 | + | 23.3voluntarily agreed to accept mental health or substance use treatment or admission to a | |
| 748 | + | 23.4state-operated treatment program or treatment facility. The report must include summary | |
| 749 | + | 23.5data disaggregated by the month of admission or order; age, race, and sex of the individuals; | |
| 750 | + | 23.6whether the admission or order was for a mental illness or substance use disorder; and, to | |
| 751 | + | 23.7the extent known, the substance of abuse that resulted in the admission or order. Data must | |
| 752 | + | 23.8be obtained, retained, and reported in a way that prevents the unauthorized release of private | |
| 753 | + | 23.9data on individuals as defined in section 13.02. The office shall submit the report by January | |
| 754 | + | 23.1015, 2027, and the report may be combined with the annual report submitted by the office. | |
| 755 | + | 23.11 (f) The office shall conduct an annual market analysis on the status of the regulated | |
| 756 | + | 23.12cannabis industry and submit a report of the findings. The office shall submit the report by | |
| 757 | + | 23.13January 15 of each year and the report may be combined with the annual report submitted | |
| 758 | + | 23.14by the office. The process of completing the market analysis must include holding public | |
| 759 | + | 23.15meetings to solicit the input of consumers, market stakeholders, and potential new applicants | |
| 760 | + | 23.16and must include an assessment as to whether the office has issued the necessary number | |
| 761 | + | 23.17of licenses in order to: | |
| 762 | + | 23.18 (1) ensure the sufficient supply of cannabis flower and cannabis products to meet demand; | |
| 763 | + | 23.19 (2) provide market stability; | |
| 764 | + | 23.20 (3) ensure a competitive market; and | |
| 765 | + | 23.21 (4) limit the sale of unregulated cannabis flower and cannabis products. | |
| 766 | + | 23.22 (g) The office shall submit an annual report to the legislature by January 15, 2024, and | |
| 767 | + | 23.23each January 15 thereafter. The annual report shall include but not be limited to the following: | |
| 768 | + | 23.24 (1) the status of the regulated cannabis industry; | |
| 769 | + | 23.25 (2) the status of the illicit cannabis market; | |
| 770 | + | 23.26 (3) the number of accidents, arrests, and convictions involving drivers who admitted to | |
| 771 | + | 23.27using cannabis flower, cannabis products, lower-potency hemp products, or hemp-derived | |
| 772 | + | 23.28consumer products, or who tested positive for cannabis or tetrahydrocannabinol; | |
| 773 | + | 23.29 (4) the change in potency, if any, of cannabis flower and cannabis products available | |
| 774 | + | 23.30through the regulated market; | |
| 775 | 775 | 23Article 1 Sec. 4. | |
| 776 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 24.1include holding public meetings to solicit the input of consumers, market stakeholders, and | |
| 777 | - | 24.2potential new applicants and must include an assessment as to whether the office has issued | |
| 778 | - | 24.3the necessary number of licenses in order to: | |
| 779 | - | 24.4 (1) ensure the sufficient supply of cannabis flower and cannabis products to meet demand; | |
| 780 | - | 24.5 (2) provide market stability; | |
| 781 | - | 24.6 (3) ensure a competitive market; and | |
| 782 | - | 24.7 (4) limit the sale of unregulated cannabis flower and cannabis products. | |
| 783 | - | 24.8 (g) The office shall submit an annual report to the legislature by January 15, 2024, and | |
| 784 | - | 24.9each January 15 thereafter. The annual report shall include but not be limited to the following: | |
| 785 | - | 24.10 (1) the status of the regulated cannabis industry; | |
| 786 | - | 24.11 (2) the status of the illicit cannabis market and hemp consumer industry; | |
| 787 | - | 24.12 (3) the number of accidents, arrests, and convictions involving drivers who admitted to | |
| 788 | - | 24.13using cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 789 | - | 24.14consumer products or who tested positive for cannabis or tetrahydrocannabinol; | |
| 790 | - | 24.15 (4) the change in potency, if any, of cannabis flower and cannabis products available | |
| 791 | - | 24.16through the regulated market; | |
| 792 | - | 24.17 (5) progress on providing opportunities to individuals and communities that experienced | |
| 793 | - | 24.18a disproportionate, negative impact from cannabis prohibition, including but not limited to | |
| 794 | - | 24.19providing relief from criminal convictions and increasing economic opportunities; | |
| 795 | - | 24.20 (6) the status of racial and geographic diversity in the cannabis industry; | |
| 796 | - | 24.21 (7) proposed legislative changes, including but not limited to recommendations to | |
| 797 | - | 24.22streamline licensing systems and related administrative processes; | |
| 798 | - | 24.23 (8) information on the adverse effects of second-hand smoke from any cannabis flower, | |
| 799 | - | 24.24cannabis products, and hemp-derived consumer products that are consumed by the | |
| 800 | - | 24.25combustion or vaporization of the product and the inhalation of smoke, aerosol, or vapor | |
| 801 | - | 24.26from the product; and | |
| 802 | - | 24.27 (9) recommendations for the levels of funding for: | |
| 803 | - | 24.28 (i) a coordinated education program to address and raise public awareness about the top | |
| 804 | - | 24.29three adverse health effects, as determined by the commissioner of health, associated with | |
| 805 | - | 24.30the use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 806 | - | 24.31consumer products by individuals under 21 years of age; | |
| 776 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 24.1 (5) progress on providing opportunities to individuals and communities that experienced | |
| 777 | + | 24.2a disproportionate, negative impact from cannabis prohibition, including but not limited to | |
| 778 | + | 24.3providing relief from criminal convictions and increasing economic opportunities; | |
| 779 | + | 24.4 (6) the status of racial and geographic diversity in the cannabis industry; | |
| 780 | + | 24.5 (7) proposed legislative changes; | |
| 781 | + | 24.6 (8) information on the adverse effects of second-hand smoke from any cannabis flower, | |
| 782 | + | 24.7cannabis products, and hemp-derived consumer products that are consumed by combustion | |
| 783 | + | 24.8or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product; | |
| 784 | + | 24.9and | |
| 785 | + | 24.10 (9) recommendations for levels of funding for: | |
| 786 | + | 24.11 (i) a coordinated education program to address and raise public awareness about the top | |
| 787 | + | 24.12three adverse health effects, as determined by the commissioner of health, associated with | |
| 788 | + | 24.13the use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 789 | + | 24.14consumer products by individuals under 21 years of age; | |
| 790 | + | 24.15 (ii) a coordinated education program to educate pregnant women, breastfeeding women, | |
| 791 | + | 24.16and women who may become pregnant on the adverse health effects of cannabis flower, | |
| 792 | + | 24.17cannabis products, lower-potency hemp edibles, or hemp-derived consumer products; | |
| 793 | + | 24.18 (iii) training, technical assistance, and educational materials for home visiting programs | |
| 794 | + | 24.19and Tribal home visiting programs regarding safe and unsafe use of cannabis flower, cannabis | |
| 795 | + | 24.20products, lower-potency hemp edibles, or hemp-derived consumer products in homes with | |
| 796 | + | 24.21infants and young children; | |
| 797 | + | 24.22 (iv) model programs to educate middle school and high school students on the health | |
| 798 | + | 24.23effects on children and adolescents of the use of cannabis flower, cannabis products, | |
| 799 | + | 24.24lower-potency hemp edibles, hemp-derived consumer products, and other intoxicating or | |
| 800 | + | 24.25controlled substances; | |
| 801 | + | 24.26 (v) grants issued through the CanTrain, CanNavigate, CanStartup, and CanGrow | |
| 802 | + | 24.27programs; | |
| 803 | + | 24.28 (vi) grants to organizations for community development in social equity communities | |
| 804 | + | 24.29through the CanRenew program; | |
| 805 | + | 24.30 (vii) training of peace officers and law enforcement agencies on changes to laws involving | |
| 806 | + | 24.31cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer | |
| 807 | + | 24.32products, and the law's impact on searches and seizures; | |
| 807 | 808 | 24Article 1 Sec. 4. | |
| 808 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 25.1 (ii) a coordinated education program to educate pregnant individuals, breastfeeding | |
| 809 | - | 25.2individuals, and individuals who may become pregnant on the adverse health effects of | |
| 810 | - | 25.3cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer | |
| 811 | - | 25.4products; | |
| 812 | - | 25.5 (iii) training, technical assistance, and educational materials for home visiting programs, | |
| 813 | - | 25.6Tribal home visiting programs, and child welfare workers regarding safe and unsafe use of | |
| 814 | - | 25.7cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer | |
| 815 | - | 25.8products in homes with infants and young children; | |
| 816 | - | 25.9 (iv) model programs to educate middle school and high school students on the health | |
| 817 | - | 25.10effects on children and adolescents of the use of cannabis flower, cannabis products, | |
| 818 | - | 25.11lower-potency hemp edibles, hemp-derived consumer products, and other intoxicating or | |
| 819 | - | 25.12controlled substances; | |
| 820 | - | 25.13 (v) grants issued through the CanTrain, CanNavigate, CanStartup, and CanGrow | |
| 821 | - | 25.14programs; | |
| 822 | - | 25.15 (vi) grants to organizations for community development in social equity communities | |
| 823 | - | 25.16through the CanRenew program; | |
| 824 | - | 25.17 (vii) training of peace officers and law enforcement agencies on changes to laws involving | |
| 825 | - | 25.18cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer | |
| 826 | - | 25.19products and the law's impact on searches and seizures; | |
| 827 | - | 25.20 (viii) training of peace officers to increase the number of drug recognition experts; | |
| 828 | - | 25.21 (ix) training of peace officers on the cultural uses of sage and distinguishing use of sage | |
| 829 | - | 25.22from the use of cannabis flower, including whether the Board of Peace Officer Standards | |
| 830 | - | 25.23and Training should approve or develop training materials; | |
| 831 | - | 25.24 (x) the retirement and replacement of drug detection canines; and | |
| 832 | - | 25.25 (xi) the Department of Human Services and county social service agencies to address | |
| 833 | - | 25.26any increase in demand for services. | |
| 834 | - | 25.27 (g) In developing the recommended funding levels under paragraph (f), clause (9), items | |
| 835 | - | 25.28(vii) to (xi), the office shall consult with local law enforcement agencies, the Minnesota | |
| 836 | - | 25.29Chiefs of Police Association, the Minnesota Sheriff's Association, the League of Minnesota | |
| 837 | - | 25.30Cities, the Association of Minnesota Counties, and county social services agencies. | |
| 838 | - | 25Article 1 Sec. 4. | |
| 839 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 26.1 Sec. 5. [342.05] STATEWIDE MONITORING SYSTEM. | |
| 840 | - | 26.2 Subdivision 1.Statewide monitoring.The office must contract with an outside vendor | |
| 841 | - | 26.3to establish a statewide monitoring system for integrated cannabis tracking, inventory, and | |
| 842 | - | 26.4verification to track all cannabis plants, cannabis flower, and cannabis products from seed, | |
| 843 | - | 26.5immature plant, or creation until disposal or sale to a patient or customer. | |
| 844 | - | 26.6 Subd. 2.Data submission requirements.The monitoring system must allow cannabis | |
| 845 | - | 26.7businesses to submit monitoring data to the office through the use of monitoring system | |
| 846 | - | 26.8software commonly used within the cannabis industry and may also permit cannabis | |
| 847 | - | 26.9businesses to submit monitoring data through manual data entry with approval from the | |
| 848 | - | 26.10office. | |
| 849 | - | 26.11Sec. 6. [342.06] APPROVAL OF CANNABIS FLOWER, PRODUCTS, AND | |
| 850 | - | 26.12CANNABINOIDS. | |
| 851 | - | 26.13 (a) For the purposes of this section, "product category" means a type of product that | |
| 852 | - | 26.14may be sold in different sizes, distinct packaging, or at various prices but is still created | |
| 853 | - | 26.15using the same manufacturing or agricultural processes. A new or additional stock keeping | |
| 854 | - | 26.16unit (SKU) or Universal Product Code (UPC) shall not prevent a product from being | |
| 855 | - | 26.17considered the same type as another unit. All other terms have the meanings provided in | |
| 856 | - | 26.18section 342.01. | |
| 857 | - | 26.19 (b) The office shall approve product categories of cannabis flower, cannabis products, | |
| 858 | - | 26.20lower-potency hemp edibles, and hemp-derived consumer products for retail sale. | |
| 859 | - | 26.21 (c) The office may establish limits on the total THC of cannabis flower, cannabis products, | |
| 860 | - | 26.22and hemp-derived consumer products. As used in this paragraph, "total THC" means the | |
| 861 | - | 26.23sum of the percentage by weight of tetrahydrocannabinolic acid multiplied by 0.877 plus | |
| 862 | - | 26.24the percentage by weight of all tetrahydrocannabinols. | |
| 863 | - | 26.25 (d) The office shall not approve any cannabis product, lower-potency hemp edible, or | |
| 864 | - | 26.26hemp-derived consumer product that: | |
| 865 | - | 26.27 (1) is or appears to be a lollipop or ice cream; | |
| 866 | - | 26.28 (2) bears the likeness or contains characteristics of a real or fictional person, animal, or | |
| 867 | - | 26.29fruit; | |
| 868 | - | 26.30 (3) is modeled after a type or brand of products primarily consumed by or marketed to | |
| 869 | - | 26.31children; | |
| 870 | - | 26Article 1 Sec. 6. | |
| 871 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 27.1 (4) is substantively similar to a meat food product; poultry food product as defined in | |
| 872 | - | 27.2section 31A.02, subdivision 10; or a dairy product as defined in section 32D.01, subdivision | |
| 873 | - | 27.37; | |
| 874 | - | 27.4 (5) contains a synthetic cannabinoid; | |
| 875 | - | 27.5 (6) is made by applying a cannabinoid, including but not limited to an artificially derived | |
| 876 | - | 27.6cannabinoid, to a finished food product that does not contain cannabinoids and is sold to | |
| 877 | - | 27.7consumers, including but not limited to a candy or snack food; or | |
| 878 | - | 27.8 (7) if the product is an edible cannabis product or lower-potency hemp edible, contains | |
| 879 | - | 27.9an ingredient, other than a cannabinoid, that is not approved by the United States Food and | |
| 880 | - | 27.10Drug Administration for use in food. | |
| 881 | - | 27.11Sec. 7. [342.07] AGRICULTURAL AND FOOD SAFETY PRACTICES; | |
| 882 | - | 27.12RULEMAKING. | |
| 883 | - | 27.13 Subdivision 1.Plant propagation standards.In consultation with the commissioner | |
| 884 | - | 27.14of agriculture, the office by rule must establish certification, testing, and labeling | |
| 885 | - | 27.15requirements for the methods used to grow new cannabis plants or hemp plants, including | |
| 886 | - | 27.16but not limited to growth from seed, clone, cutting, or tissue culture. | |
| 887 | - | 27.17 Subd. 2.Agricultural best practices.In consultation with the commissioner of | |
| 888 | - | 27.18agriculture and representatives from the University of Minnesota Extension Service, the | |
| 889 | - | 27.19office shall establish best practices for: | |
| 890 | - | 27.20 (1) the cultivation and preparation of cannabis plants; and | |
| 891 | - | 27.21 (2) the use of pesticides, fertilizers, soil amendments, and plant amendments in relation | |
| 892 | - | 27.22to growing cannabis plants. | |
| 893 | - | 27.23 Subd. 3.Edible cannabinoid product handler endorsement.(a) Any person seeking | |
| 894 | - | 27.24to manufacture, process, sell, handle, or store an edible cannabis product or lower-potency | |
| 895 | - | 27.25hemp edible, other than an edible cannabis product or lower-potency hemp edible that has | |
| 896 | - | 27.26been placed in its final packaging, must first obtain an edible cannabinoid product handler | |
| 897 | - | 27.27endorsement. | |
| 898 | - | 27.28 (b) In consultation with the commissioner of agriculture, the office shall establish an | |
| 899 | - | 27.29edible cannabinoid product handler endorsement. | |
| 900 | - | 27.30 (c) The office must regulate edible cannabinoid product handlers and assess penalties | |
| 901 | - | 27.31in the same manner provided for food handlers under chapters 28A, 31, and 34A and | |
| 902 | - | 27.32associated rules, with the following exceptions: | |
| 809 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 25.1 (viii) training of peace officers to increase the number of drug recognition experts; | |
| 810 | + | 25.2 (ix) training of peace officers on the cultural uses of sage and distinguishing use of sage | |
| 811 | + | 25.3from the use of cannabis flower, including whether the Board of Peace Officer Standards | |
| 812 | + | 25.4and Training should approve or develop training materials; | |
| 813 | + | 25.5 (x) the retirement and replacement of drug detection dogs; and | |
| 814 | + | 25.6 (xi) the Department of Human Services and county social service agencies to address | |
| 815 | + | 25.7any increase in demand for services. | |
| 816 | + | 25.8 (h) In developing the recommended funding levels under paragraph (g), clause (9), items | |
| 817 | + | 25.9(vii) to (xi), the office shall consult with local law enforcement agencies, the Minnesota | |
| 818 | + | 25.10Chiefs of Police Association, the Minnesota Sheriff's Association, the League of Minnesota | |
| 819 | + | 25.11Cities, the Association of Minnesota Counties, and county social services agencies. | |
| 820 | + | 25.12Sec. 5. [342.05] STATEWIDE MONITORING SYSTEM. | |
| 821 | + | 25.13 Subdivision 1.Statewide monitoring.The office must contract with an outside vendor | |
| 822 | + | 25.14to establish a statewide monitoring system for integrated cannabis tracking, inventory, and | |
| 823 | + | 25.15verification to track all cannabis plants, cannabis flower, and cannabis products from seed, | |
| 824 | + | 25.16immature plant, or creation until disposal or sale to a patient or customer. | |
| 825 | + | 25.17 Subd. 2.Data submission requirements.The monitoring system must allow cannabis | |
| 826 | + | 25.18businesses to submit monitoring data to the office through the use of monitoring system | |
| 827 | + | 25.19software commonly used within the cannabis industry and may also permit cannabis | |
| 828 | + | 25.20businesses to submit monitoring data through manual data entry with approval from the | |
| 829 | + | 25.21office. | |
| 830 | + | 25.22Sec. 6. [342.06] APPROVAL OF CANNABIS FLOWER, PRODUCTS, AND | |
| 831 | + | 25.23CANNABINOIDS. | |
| 832 | + | 25.24 (a) The office shall approve types of cannabis flower, cannabis products, lower-potency | |
| 833 | + | 25.25hemp edibles, and hemp-derived consumer products for retail sale. | |
| 834 | + | 25.26 (b) The office may establish limits on the total THC of cannabis flower, cannabis | |
| 835 | + | 25.27products, and hemp-derived consumer products. As used in this paragraph, "total THC" | |
| 836 | + | 25.28means the sum of the percentage by weight of tetrahydrocannabinolic acid multiplied by | |
| 837 | + | 25.290.877 plus the percentage by weight of all tetrahydrocannabinols. | |
| 838 | + | 25.30 (c) The office shall not approve any cannabis product, lower-potency hemp edible, or | |
| 839 | + | 25.31hemp-derived consumer product that: | |
| 840 | + | 25Article 1 Sec. 6. | |
| 841 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 26.1 (1) is or appears to be a lollipop or ice cream; | |
| 842 | + | 26.2 (2) bears the likeness or contains characteristics of a real or fictional person, animal, or | |
| 843 | + | 26.3fruit; | |
| 844 | + | 26.4 (3) is modeled after a type or brand of products primarily consumed by or marketed to | |
| 845 | + | 26.5children; | |
| 846 | + | 26.6 (4) contains a synthetic cannabinoid; | |
| 847 | + | 26.7 (5) is made by applying a cannabinoid, including but not limited to an artificially derived | |
| 848 | + | 26.8cannabinoid, to a finished food product that does not contain cannabinoids and is sold to | |
| 849 | + | 26.9consumers, including but not limited to a candy or snack food; or | |
| 850 | + | 26.10 (6) if the product is an edible cannabis product or lower-potency hemp edible, contains | |
| 851 | + | 26.11an ingredient, other than a cannabinoid, that is not approved by the United States Food and | |
| 852 | + | 26.12Drug Administration for use in food. | |
| 853 | + | 26.13 (d) The office must not approve any cannabis flower, cannabis product, or hemp-derived | |
| 854 | + | 26.14consumer product that: | |
| 855 | + | 26.15 (1) is intended to be consumed by combustion or vaporization of the product and | |
| 856 | + | 26.16inhalation of smoke, aerosol, or vapor from the product; and | |
| 857 | + | 26.17 (2) imparts a taste or smell, other than the taste or smell of cannabis flower, that is | |
| 858 | + | 26.18distinguishable by an ordinary person before or during consumption of the product. | |
| 859 | + | 26.19 (e) The office may adopt rules to limit or prohibit ingredients in or additives to cannabis | |
| 860 | + | 26.20flower, cannabis products, or hemp-derived consumer products to ensure compliance with | |
| 861 | + | 26.21the limitations in paragraph (d). | |
| 862 | + | 26.22Sec. 7. [342.07] AGRICULTURAL AND FOOD SAFETY PRACTICES; | |
| 863 | + | 26.23RULEMAKING. | |
| 864 | + | 26.24 Subdivision 1.Plant propagation standards.In consultation with the commissioner | |
| 865 | + | 26.25of agriculture, the office by rule must establish certification, testing, and labeling | |
| 866 | + | 26.26requirements for the methods used to grow new cannabis plants or hemp plants, including | |
| 867 | + | 26.27but not limited to growth from seed, clone, cutting, or tissue culture. The requirements must | |
| 868 | + | 26.28prohibit the cultivation of cannabis plants derived from genetic engineering, as defined in | |
| 869 | + | 26.29section 18F.02, subdivision 4. | |
| 870 | + | 26.30 Subd. 2.Agricultural best practices.In consultation with the commissioner of | |
| 871 | + | 26.31agriculture and representatives from the University of Minnesota Extension Service, the | |
| 872 | + | 26.32office shall establish best practices for: | |
| 873 | + | 26Article 1 Sec. 7. | |
| 874 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 27.1 (1) the cultivation and preparation of cannabis plants; and | |
| 875 | + | 27.2 (2) the use of pesticides, fertilizers, soil amendments, and plant amendments in relation | |
| 876 | + | 27.3to growing cannabis plants. | |
| 877 | + | 27.4 Subd. 3.Edible cannabinoid product handler endorsement.(a) Any person seeking | |
| 878 | + | 27.5to manufacture, process, sell, handle, or store an edible cannabis product or lower-potency | |
| 879 | + | 27.6hemp edible, other than an edible cannabis product or lower-potency hemp edible that has | |
| 880 | + | 27.7been placed in its final packaging, must first obtain an edible cannabinoid product handler | |
| 881 | + | 27.8endorsement. | |
| 882 | + | 27.9 (b) In consultation with the commissioner of agriculture, the office shall establish an | |
| 883 | + | 27.10edible cannabinoid product handler endorsement. | |
| 884 | + | 27.11 (c) The office must regulate edible cannabinoid product handlers and assess penalties | |
| 885 | + | 27.12in the same manner provided for food handlers under chapters 28A, 31, and 34A and | |
| 886 | + | 27.13associated rules, with the following exceptions: | |
| 887 | + | 27.14 (1) the office must issue an edible cannabinoid product handler endorsement, rather than | |
| 888 | + | 27.15a license; | |
| 889 | + | 27.16 (2) eligibility for an edible cannabinoid product handler endorsement is limited to persons | |
| 890 | + | 27.17who possess a valid license issued by the office; | |
| 891 | + | 27.18 (3) the office may not charge a fee for issuing or renewing the endorsement; | |
| 892 | + | 27.19 (4) the office must align the term and renewal period for edible cannabinoid product | |
| 893 | + | 27.20handler endorsements with the term and renewal period of the license issued by the office; | |
| 894 | + | 27.21and | |
| 895 | + | 27.22 (5) an edible cannabis product or lower-potency hemp edible must not be considered | |
| 896 | + | 27.23adulterated solely because the product contains tetrahydrocannabinol, cannabis concentrate, | |
| 897 | + | 27.24hemp concentrate, artificially derived cannabinoids, or any other material extracted or | |
| 898 | + | 27.25derived from a cannabis plant, cannabis flower, hemp plant, or hemp plant parts. | |
| 899 | + | 27.26 (d) The edible cannabinoid product handler endorsement must prohibit the manufacture | |
| 900 | + | 27.27of edible cannabis products at the same premises where food is manufactured, except for | |
| 901 | + | 27.28the limited production of edible products produced solely for product development, sampling, | |
| 902 | + | 27.29or testing. This limitation does not apply to the manufacture of lower-potency hemp edibles. | |
| 903 | 903 | 27Article 1 Sec. 7. | |
| 904 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 28.1 (1) the office must issue an edible cannabinoid product handler endorsement, rather than | |
| 905 | - | 28.2a license; | |
| 906 | - | 28.3 (2) eligibility for an edible cannabinoid product handler endorsement is limited to persons | |
| 907 | - | 28.4who possess a valid license issued by the office; | |
| 908 | - | 28.5 (3) the office may not charge a fee for issuing or renewing the endorsement; | |
| 909 | - | 28.6 (4) the office must align the term and renewal period for edible cannabinoid product | |
| 910 | - | 28.7handler endorsements with the term and renewal period of the license issued by the office; | |
| 911 | - | 28.8and | |
| 912 | - | 28.9 (5) an edible cannabis product or lower-potency hemp edible must not be considered | |
| 913 | - | 28.10adulterated solely because the product or edible contains tetrahydrocannabinol, cannabis | |
| 914 | - | 28.11concentrate, hemp concentrate, artificially derived cannabinoids, or any other material | |
| 915 | - | 28.12extracted or derived from a cannabis plant, cannabis flower, hemp plant, or hemp plant | |
| 916 | - | 28.13parts. | |
| 917 | - | 28.14 (d) The edible cannabinoid product handler endorsement must prohibit the manufacture | |
| 918 | - | 28.15of edible cannabis products at the same premises where food is manufactured, except for | |
| 919 | - | 28.16the limited production of edible products produced solely for product development, sampling, | |
| 920 | - | 28.17or testing. This limitation does not apply to the manufacture of lower-potency hemp edibles. | |
| 921 | - | 28.18Sec. 8. [342.08] ESTABLISHMENT OF ENVIRONMENT AL STANDARDS. | |
| 922 | - | 28.19 Subdivision 1.Water standards.In consultation with the commissioner of the Pollution | |
| 923 | - | 28.20Control Agency, the office by rule must establish appropriate water standards for cannabis | |
| 924 | - | 28.21businesses. | |
| 925 | - | 28.22 Subd. 2.Energy use.In consultation with the commissioner of commerce, the office | |
| 926 | - | 28.23by rule must establish appropriate energy standards for cannabis businesses. | |
| 927 | - | 28.24 Subd. 3.Solid waste.In consultation with the commissioner of the Pollution Control | |
| 928 | - | 28.25Agency, the office by rule must establish appropriate solid waste standards for the disposal | |
| 929 | - | 28.26of: | |
| 930 | - | 28.27 (1) cannabis flower and cannabis products; | |
| 931 | - | 28.28 (2) packaging; | |
| 932 | - | 28.29 (3) recyclable materials, including minimum requirements for the use of recyclable | |
| 933 | - | 28.30materials; and | |
| 934 | - | 28.31 (4) other solid waste. | |
| 935 | - | 28Article 1 Sec. 8. | |
| 936 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 29.1 Subd. 4.Odor.The office by rule must establish appropriate standards and requirements | |
| 937 | - | 29.2to limit odors produced by cannabis businesses. | |
| 938 | - | 29.3 Subd. 5.Applicability; federal, state, and local laws.A cannabis business must comply | |
| 939 | - | 29.4with all applicable federal, state, and local laws related to the subjects of subdivisions 1 to | |
| 940 | - | 29.54. | |
| 941 | - | 29.6 Subd. 6.Rulemaking.(a) The office may only adopt a rule under this section if the rule | |
| 942 | - | 29.7is consistent with and at least as stringent as applicable state and federal laws related to the | |
| 943 | - | 29.8subjects of subdivisions 1 to 4. | |
| 944 | - | 29.9 (b) The office must coordinate and consult with a department or agency of the state | |
| 945 | - | 29.10regarding the development and implementation of a rule under this section if the department | |
| 946 | - | 29.11or agency has expertise or a regulatory interest in the subject matter of the rule. | |
| 947 | - | 29.12Sec. 9. [342.09] PERSONAL ADULT USE OF CANNABIS. | |
| 948 | - | 29.13 Subdivision 1.Personal adult use, possession, and transportation of cannabis flower | |
| 949 | - | 29.14and cannabinoid products.(a) An individual 21 years of age or older may: | |
| 950 | - | 29.15 (1) use, possess, or transport cannabis paraphernalia; | |
| 951 | - | 29.16 (2) possess or transport two ounces or less of adult-use cannabis flower in a public place; | |
| 952 | - | 29.17 (3) possess two pounds or less of adult-use cannabis flower in the individual's private | |
| 953 | - | 29.18residence; | |
| 954 | - | 29.19 (4) possess or transport eight grams or less of adult-use cannabis concentrate; | |
| 955 | - | 29.20 (5) possess or transport edible cannabis products or lower-potency hemp edibles infused | |
| 956 | - | 29.21with a combined total of 800 milligrams or less of tetrahydrocannabinol; | |
| 957 | - | 29.22 (6) give for no remuneration to an individual who is at least 21 years of age: | |
| 958 | - | 29.23 (i) two ounces or less of adult-use cannabis flower; | |
| 959 | - | 29.24 (ii) eight grams or less of adult-use cannabis concentrate; or | |
| 960 | - | 29.25 (iii) an edible cannabis product or lower-potency hemp edible infused with 800 milligrams | |
| 961 | - | 29.26or less of tetrahydrocannabinol; and | |
| 962 | - | 29.27 (7) use adult-use cannabis flower and adult-use cannabis products in the following | |
| 963 | - | 29.28locations: | |
| 964 | - | 29.29 (i) a private residence, including the individual's curtilage or yard; | |
| 904 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 28.1 Sec. 8. [342.08] ESTABLISHMENT OF ENVIRONMENT AL STANDARDS. | |
| 905 | + | 28.2 Subdivision 1.Water standards.In consultation with the commissioner of the Pollution | |
| 906 | + | 28.3Control Agency, the office by rule must establish appropriate water standards for cannabis | |
| 907 | + | 28.4businesses. | |
| 908 | + | 28.5 Subd. 2.Energy use.In consultation with the commissioner of commerce, the office | |
| 909 | + | 28.6by rule must establish appropriate energy standards for cannabis businesses. | |
| 910 | + | 28.7 Subd. 3.Solid waste.In consultation with the commissioner of the Pollution Control | |
| 911 | + | 28.8Agency, the office by rule must establish appropriate solid waste standards for the disposal | |
| 912 | + | 28.9of: | |
| 913 | + | 28.10 (1) cannabis flower and cannabis products; | |
| 914 | + | 28.11 (2) packaging; | |
| 915 | + | 28.12 (3) recyclable materials, including minimum requirements for the use of recyclable | |
| 916 | + | 28.13materials; and | |
| 917 | + | 28.14 (4) other solid waste. | |
| 918 | + | 28.15 Subd. 4.Odor.The office by rule must establish appropriate standards and requirements | |
| 919 | + | 28.16to limit odors produced by cannabis businesses. | |
| 920 | + | 28.17 Subd. 5.Applicability; federal, state, and local laws.A cannabis business must comply | |
| 921 | + | 28.18with all applicable federal, state, and local laws related to the subjects of subdivisions 1 to | |
| 922 | + | 28.194. | |
| 923 | + | 28.20 Subd. 6.Rulemaking.(a) The office may only adopt a rule under this section if the rule | |
| 924 | + | 28.21is consistent with and at least as stringent as applicable state and federal laws related to the | |
| 925 | + | 28.22subjects of subdivisions 1 to 4. | |
| 926 | + | 28.23 (b) The office must coordinate and consult with a department or agency of the state | |
| 927 | + | 28.24regarding the development and implementation of a rule under this section if the department | |
| 928 | + | 28.25or agency has expertise or a regulatory interest in the subject matter of the rule. | |
| 929 | + | 28.26Sec. 9. [342.09] PERSONAL ADULT USE OF CANNABIS. | |
| 930 | + | 28.27 Subdivision 1.Personal adult use, possession, and transportation of cannabis flower | |
| 931 | + | 28.28and cannabinoid products.(a) An individual 21 years of age or older may: | |
| 932 | + | 28.29 (1) use, possess, or transport cannabis paraphernalia; | |
| 933 | + | 28.30 (2) possess or transport two ounces or less of adult-use cannabis flower in a public place; | |
| 934 | + | 28Article 1 Sec. 9. | |
| 935 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 29.1 (3) possess 1.5 pounds or less of adult-use cannabis flower in the individual's private | |
| 936 | + | 29.2residence; | |
| 937 | + | 29.3 (4) possess or transport eight grams or less of adult-use cannabis concentrate; | |
| 938 | + | 29.4 (5) possess or transport edible cannabis products and lower-potency hemp edibles infused | |
| 939 | + | 29.5with a combined total of 800 milligrams or less of tetrahydrocannabinol; | |
| 940 | + | 29.6 (6) give for no remuneration two ounces or less of adult-use cannabis flower, eight grams | |
| 941 | + | 29.7or less of adult-use cannabis concentrate, or edible cannabis products and lower-potency | |
| 942 | + | 29.8hemp edibles infused with 800 milligrams or less of tetrahydrocannabinol to an individual | |
| 943 | + | 29.9who is at least 21 years of age; and | |
| 944 | + | 29.10 (7) use adult-use cannabis flower and adult-use cannabis products in the following | |
| 945 | + | 29.11locations: | |
| 946 | + | 29.12 (i) a private residence, including the individual's curtilage or yard; | |
| 947 | + | 29.13 (ii) on private property, not generally accessible by the public, unless the individual is | |
| 948 | + | 29.14explicitly prohibited from consuming cannabis flower, cannabis products, lower-potency | |
| 949 | + | 29.15hemp edibles, or hemp-derived consumer products on the property by the owner of the | |
| 950 | + | 29.16property; or | |
| 951 | + | 29.17 (iii) on the premises of an establishment or event licensed to permit on-site consumption. | |
| 952 | + | 29.18 (b) Except as provided in paragraph (c), an individual may not: | |
| 953 | + | 29.19 (1) use, possess, or transport cannabis flower, cannabis products, lower-potency hemp | |
| 954 | + | 29.20edibles, or hemp-derived consumer products if the individual is under 21 years of age; | |
| 955 | + | 29.21 (2) use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 956 | + | 29.22consumer products in a motor vehicle as defined in section 169A.03, subdivision 15; | |
| 957 | + | 29.23 (3) use cannabis flower, cannabis products, or hemp-derived consumer products in a | |
| 958 | + | 29.24manner that involves the inhalation of smoke, aerosol, or vapor at any location where | |
| 959 | + | 29.25smoking is prohibited under section 144.414; | |
| 960 | + | 29.26 (4) use or possess cannabis flower, cannabis products, lower-potency hemp edibles, or | |
| 961 | + | 29.27hemp-derived consumer products in a public school, as defined in section 120A.05, | |
| 962 | + | 29.28subdivisions 9, 11, and 13, or in a charter school governed by chapter 124E, including all | |
| 963 | + | 29.29facilities, whether owned, rented, or leased, and all vehicles that a school district owns, | |
| 964 | + | 29.30leases, rents, contracts for, or controls; | |
| 965 | + | 29.31 (5) use or possess cannabis flower, cannabis products, lower-potency hemp edibles, or | |
| 966 | + | 29.32hemp-derived consumer products in a state correctional facility; | |
| 965 | 967 | 29Article 1 Sec. 9. | |
| 966 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 30.1 (ii) on private property, not generally accessible by the public, unless the individual is | |
| 967 | - | 30.2explicitly prohibited from consuming cannabis flower, cannabis products, lower-potency | |
| 968 | - | 30.3hemp edibles, or hemp-derived consumer products on the property by the owner of the | |
| 969 | - | 30.4property; or | |
| 970 | - | 30.5 (iii) on the premises of an establishment or event licensed to permit on-site consumption. | |
| 971 | - | 30.6 (b) Except as provided in paragraph (c), an individual may not: | |
| 972 | - | 30.7 (1) use, possess, or transport cannabis flower, cannabis products, lower-potency hemp | |
| 973 | - | 30.8edibles, or hemp-derived consumer products if the individual is under 21 years of age; | |
| 974 | - | 30.9 (2) use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 975 | - | 30.10consumer products in a motor vehicle as defined in section 169A.03, subdivision 15; | |
| 976 | - | 30.11 (3) use cannabis flower, cannabis products, or hemp-derived consumer products in a | |
| 977 | - | 30.12manner that involves the inhalation of smoke, aerosol, or vapor at any location where | |
| 978 | - | 30.13smoking is prohibited under section 144.414; | |
| 979 | - | 30.14 (4) use or possess cannabis flower, cannabis products, lower-potency hemp edibles, or | |
| 980 | - | 30.15hemp-derived consumer products in a public school, as defined in section 120A.05, | |
| 981 | - | 30.16subdivisions 9, 11, and 13, or in a charter school governed by chapter 124E, including all | |
| 982 | - | 30.17facilities, whether owned, rented, or leased, and all vehicles that a school district owns, | |
| 983 | - | 30.18leases, rents, contracts for, or controls; | |
| 984 | - | 30.19 (5) use or possess cannabis flower, cannabis products, lower-potency hemp edibles, or | |
| 985 | - | 30.20hemp-derived consumer products in a state correctional facility; | |
| 986 | - | 30.21 (6) operate a motor vehicle while under the influence of cannabis flower, cannabis | |
| 987 | - | 30.22products, lower-potency hemp edibles, or hemp-derived consumer products; | |
| 988 | - | 30.23 (7) give for no remuneration cannabis flower, cannabis products, lower-potency hemp | |
| 989 | - | 30.24edibles, or hemp-derived consumer products to an individual under 21 years of age; | |
| 990 | - | 30.25 (8) give for no remuneration cannabis flower or cannabis products as a sample or | |
| 991 | - | 30.26promotional gift if the giver is in the business of selling goods or services; or | |
| 992 | - | 30.27 (9) vaporize or smoke cannabis flower, cannabis products, artificially derived | |
| 993 | - | 30.28cannabinoids, or hemp-derived consumer products in any location where the smoke, aerosol, | |
| 994 | - | 30.29or vapor would be inhaled by a minor. | |
| 995 | - | 30.30 (c) The prohibitions under paragraph (b), clauses (1) to (4), do not apply to use other | |
| 996 | - | 30.31than by smoking or by a vaporized delivery method, possession, or transportation of medical | |
| 968 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 30.1 (6) operate a motor vehicle while under the influence of cannabis flower, cannabis | |
| 969 | + | 30.2products, lower-potency hemp edibles, or hemp-derived consumer products; | |
| 970 | + | 30.3 (7) give for no remuneration cannabis flower, cannabis products, lower-potency hemp | |
| 971 | + | 30.4edibles, or hemp-derived consumer products to an individual under 21 years of age; or | |
| 972 | + | 30.5 (8) give for no remuneration cannabis flower or cannabis products as a sample or | |
| 973 | + | 30.6promotional gift if the giver is in the business of selling goods or services. | |
| 974 | + | 30.7 (c) The prohibitions under paragraph (b), clauses (1) to (4), do not apply to use other | |
| 975 | + | 30.8than by smoking or by a vaporized delivery method, possession, or transportation of medical | |
| 976 | + | 30.9cannabis flower or medical cannabinoid products by a patient; a registered designated | |
| 977 | + | 30.10caregiver; or a parent, legal guardian, or spouse of a patient. | |
| 978 | + | 30.11 (d) A proprietor of a family or group family day care program must disclose to parents | |
| 979 | + | 30.12or guardians of children cared for on the premises of the family or group family day care | |
| 980 | + | 30.13program, if the proprietor permits the smoking or use of cannabis flower, cannabis products, | |
| 981 | + | 30.14lower-potency hemp edibles, or hemp-derived consumer products on the premises outside | |
| 982 | + | 30.15of its hours of operation. Disclosure must include posting on the premises a conspicuous | |
| 983 | + | 30.16written notice and orally informing parents or guardians. | |
| 984 | + | 30.17 Subd. 2.Home cultivation of cannabis for personal adult use.Up to eight cannabis | |
| 985 | + | 30.18plants, with no more than four being mature, flowering plants may be grown at a single | |
| 986 | + | 30.19residence, including the curtilage or yard, without a license to cultivate cannabis issued | |
| 987 | + | 30.20under this chapter provided that cultivation takes place at the primary residence of an | |
| 988 | + | 30.21individual 21 years of age or older and in an enclosed, locked space that is not open to public | |
| 989 | + | 30.22view. | |
| 990 | + | 30.23 Subd. 3.Home extraction of cannabis concentrate by use of volatile solvent | |
| 991 | + | 30.24prohibited.No person may use a volatile solvent to separate or extract cannabis concentrate | |
| 992 | + | 30.25or hemp concentrate without a cannabis microbusiness, cannabis mezzobusiness, cannabis | |
| 993 | + | 30.26manufacturer, medical cannabis processor, or lower-potency hemp edible manufacturer | |
| 994 | + | 30.27license issued under this chapter. | |
| 995 | + | 30.28 Subd. 4.Sale of cannabis flower and products prohibited.No person may sell cannabis | |
| 996 | + | 30.29flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products | |
| 997 | + | 30.30without a license issued under this chapter that authorizes the sale. | |
| 998 | + | 30.31 Subd. 5.Importation of hemp-derived products.No person may import lower-potency | |
| 999 | + | 30.32hemp edibles or hemp-derived consumer products that are manufactured outside the | |
| 1000 | + | 30.33boundaries of the state of Minnesota with the intent to sell the products to consumers within | |
| 997 | 1001 | 30Article 1 Sec. 9. | |
| 998 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 31.1cannabis flower or medical cannabinoid products by a patient; a registered designated | |
| 999 | - | 31.2caregiver; or a parent, legal guardian, or spouse of a patient. | |
| 1000 | - | 31.3 (d) A proprietor of a family or group family day care program must disclose to parents | |
| 1001 | - | 31.4or guardians of children cared for on the premises of the family or group family day care | |
| 1002 | - | 31.5program, if the proprietor permits the smoking or use of cannabis flower, cannabis products, | |
| 1003 | - | 31.6lower-potency hemp edibles, or hemp-derived consumer products on the premises outside | |
| 1004 | - | 31.7of its hours of operation. Disclosure must include posting on the premises a conspicuous | |
| 1005 | - | 31.8written notice and orally informing parents or guardians. Cannabis flower or cannabis | |
| 1006 | - | 31.9products must be inaccessible to children and stored away from food products. | |
| 1007 | - | 31.10 Subd. 2.Home cultivation of cannabis for personal adult use.Up to eight cannabis | |
| 1008 | - | 31.11plants, with no more than four being mature, flowering plants may be grown at a single | |
| 1009 | - | 31.12residence, including the curtilage or yard, without a license to cultivate cannabis issued | |
| 1010 | - | 31.13under this chapter provided that cultivation takes place at the primary residence of an | |
| 1011 | - | 31.14individual 21 years of age or older and in an enclosed, locked space that is not open to public | |
| 1012 | - | 31.15view. | |
| 1013 | - | 31.16 Subd. 3.Home extraction of cannabis concentrate by use of volatile solvent | |
| 1014 | - | 31.17prohibited.No person may use a volatile solvent to separate or extract cannabis concentrate | |
| 1015 | - | 31.18or hemp concentrate without a cannabis microbusiness, cannabis mezzobusiness, cannabis | |
| 1016 | - | 31.19manufacturer, medical cannabis processor, or lower-potency hemp edible manufacturer | |
| 1017 | - | 31.20license issued under this chapter. | |
| 1018 | - | 31.21 Subd. 4.Sale of cannabis flower and products prohibited.No person may sell cannabis | |
| 1019 | - | 31.22flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products | |
| 1020 | - | 31.23without a license issued under this chapter that authorizes the sale. | |
| 1021 | - | 31.24 Subd. 5.Importation of hemp-derived products.No person may import lower-potency | |
| 1022 | - | 31.25hemp edibles or hemp-derived consumer products that are manufactured outside the | |
| 1023 | - | 31.26boundaries of the state of Minnesota with the intent to sell the edibles or products to | |
| 1024 | - | 31.27consumers within the state or to any other person or business that intends to sell the edibles | |
| 1025 | - | 31.28or products to consumers within the state without a license issued under this chapter that | |
| 1026 | - | 31.29authorizes the importation of such edibles or products. This subdivision does not apply to | |
| 1027 | - | 31.30edibles or products lawfully purchased for personal use. | |
| 1028 | - | 31.31 Subd. 6.Violations; penalties.(a) In addition to penalties listed in this subdivision, a | |
| 1029 | - | 31.32person who violates the provisions of this chapter is subject to any applicable criminal | |
| 1030 | - | 31.33penalty. | |
| 1002 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 31.1the state or to any other person or business that intends to sell the products to consumers | |
| 1003 | + | 31.2within the state without a license issued under this chapter that authorizes the importation | |
| 1004 | + | 31.3of such products. This subdivision does not apply to products lawfully purchased for personal | |
| 1005 | + | 31.4use. | |
| 1006 | + | 31.5 Subd. 6.Violations; penalties.(a) In addition to penalties listed in this subdivision, a | |
| 1007 | + | 31.6person who violates the provisions of this chapter is subject to any applicable criminal | |
| 1008 | + | 31.7penalty. | |
| 1009 | + | 31.8 (b) The office may assess the following civil penalties on a person who sells cannabis | |
| 1010 | + | 31.9flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products | |
| 1011 | + | 31.10without a license issued under this chapter that authorizes the sale: | |
| 1012 | + | 31.11 (1) if the person sells up to two ounces of cannabis flower, up to $3,000 or three times | |
| 1013 | + | 31.12the retail market value of the cannabis flower, whichever is greater; | |
| 1014 | + | 31.13 (2) if the person sells more than two ounces but not more than eight ounces of cannabis | |
| 1015 | + | 31.14flower, up to $10,000 or three times the retail market value of the cannabis flower, whichever | |
| 1016 | + | 31.15is greater; | |
| 1017 | + | 31.16 (3) if the person sells more than eight ounces but not more than one pound of cannabis | |
| 1018 | + | 31.17flower, up to $25,000 or three times the retail market value of the cannabis flower, whichever | |
| 1019 | + | 31.18is greater; | |
| 1020 | + | 31.19 (4) if the person sells more than one pound but not more than five pounds of cannabis | |
| 1021 | + | 31.20flower, up to $50,000 or three times the retail market value of the cannabis flower, whichever | |
| 1022 | + | 31.21is greater; | |
| 1023 | + | 31.22 (5) if the person sells more than five pounds but not more than 25 pounds of cannabis | |
| 1024 | + | 31.23flower, up to $100,000 or three times the retail market value of the cannabis flower, | |
| 1025 | + | 31.24whichever is greater; | |
| 1026 | + | 31.25 (6) if the person sells more than 25 pounds but not more than 50 pounds of cannabis | |
| 1027 | + | 31.26flower, up to $250,000 or three times the retail market value of the cannabis flower, | |
| 1028 | + | 31.27whichever is greater; and | |
| 1029 | + | 31.28 (7) if the person sells more than 50 pounds of cannabis flower, up to $1,000,000 or three | |
| 1030 | + | 31.29times the retail market value of the cannabis flower, whichever is greater. | |
| 1031 | + | 31.30 (c) The office may assess the following civil penalties on a person who sells cannabis | |
| 1032 | + | 31.31concentrate without a license issued under this chapter that authorizes the sale: | |
| 1031 | 1033 | 31Article 1 Sec. 9. | |
| 1032 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 32.1 (b) The office may assess the following civil penalties on a person who sells cannabis | |
| 1033 | - | 32.2flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products | |
| 1034 | - | 32.3without a license issued under this chapter that authorizes the sale: | |
| 1035 | - | 32.4 (1) if the person sells up to two ounces of cannabis flower, up to $3,000 or three times | |
| 1036 | - | 32.5the retail market value of the cannabis flower, whichever is greater; | |
| 1037 | - | 32.6 (2) if the person sells more than two ounces but not more than eight ounces of cannabis | |
| 1038 | - | 32.7flower, up to $10,000 or three times the retail market value of the cannabis flower, whichever | |
| 1039 | - | 32.8is greater; | |
| 1040 | - | 32.9 (3) if the person sells more than eight ounces but not more than one pound of cannabis | |
| 1041 | - | 32.10flower, up to $25,000 or three times the retail market value of the cannabis flower, whichever | |
| 1042 | - | 32.11is greater; | |
| 1043 | - | 32.12 (4) if the person sells more than one pound but not more than five pounds of cannabis | |
| 1044 | - | 32.13flower, up to $50,000 or three times the retail market value of the cannabis flower, whichever | |
| 1045 | - | 32.14is greater; | |
| 1046 | - | 32.15 (5) if the person sells more than five pounds but not more than 25 pounds of cannabis | |
| 1047 | - | 32.16flower, up to $100,000 or three times the retail market value of the cannabis flower, | |
| 1048 | - | 32.17whichever is greater; | |
| 1049 | - | 32.18 (6) if the person sells more than 25 pounds but not more than 50 pounds of cannabis | |
| 1050 | - | 32.19flower, up to $250,000 or three times the retail market value of the cannabis flower, | |
| 1051 | - | 32.20whichever is greater; and | |
| 1052 | - | 32.21 (7) if the person sells more than 50 pounds of cannabis flower, up to $1,000,000 or three | |
| 1053 | - | 32.22times the retail market value of the cannabis flower, whichever is greater. | |
| 1054 | - | 32.23 (c) The office may assess the following civil penalties on a person who sells cannabis | |
| 1055 | - | 32.24concentrate without a license issued under this chapter that authorizes the sale: | |
| 1056 | - | 32.25 (1) if the person sells up to eight grams of cannabis concentrate, up to $3,000 or three | |
| 1057 | - | 32.26times the retail market value of the cannabis concentrate, whichever is greater; | |
| 1058 | - | 32.27 (2) if the person sells more than eight grams but not more than 40 grams of cannabis | |
| 1059 | - | 32.28concentrate, up to $10,000 or three times the retail market value of the cannabis concentrate, | |
| 1060 | - | 32.29whichever is greater; | |
| 1061 | - | 32.30 (3) if the person sells more than 40 grams but not more than 80 grams of cannabis | |
| 1062 | - | 32.31concentrate, up to $25,000 or three times the retail market value of the cannabis concentrate, | |
| 1063 | - | 32.32whichever is greater; | |
| 1034 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 32.1 (1) if the person sells up to eight grams of cannabis concentrate, up to $3,000 or three | |
| 1035 | + | 32.2times the retail market value of the cannabis concentrate, whichever is greater; | |
| 1036 | + | 32.3 (2) if the person sells more than eight grams but not more than 40 grams of cannabis | |
| 1037 | + | 32.4concentrate, up to $10,000 or three times the retail market value of the cannabis concentrate, | |
| 1038 | + | 32.5whichever is greater; | |
| 1039 | + | 32.6 (3) if the person sells more than 40 grams but not more than 80 grams of cannabis | |
| 1040 | + | 32.7concentrate, up to $25,000 or three times the retail market value of the cannabis concentrate, | |
| 1041 | + | 32.8whichever is greater; | |
| 1042 | + | 32.9 (4) if the person sells more than 80 grams but not more than 400 grams of cannabis | |
| 1043 | + | 32.10concentrate, up to $50,000 or three times the retail market value of the cannabis concentrate, | |
| 1044 | + | 32.11whichever is greater; | |
| 1045 | + | 32.12 (5) if the person sells more than 400 grams but not more than two kilograms of cannabis | |
| 1046 | + | 32.13concentrate, up to $100,000 or three times the retail market value of the cannabis concentrate, | |
| 1047 | + | 32.14whichever is greater; | |
| 1048 | + | 32.15 (6) if the person sells more than two kilograms but not more than four kilograms of | |
| 1049 | + | 32.16cannabis concentrate, up to $250,000 or three times the retail market value of the cannabis | |
| 1050 | + | 32.17concentrate, whichever is greater; and | |
| 1051 | + | 32.18 (7) if the person sells more than four kilograms of cannabis concentrate, up to $1,000,000 | |
| 1052 | + | 32.19or three times the retail market value of the cannabis concentrate, whichever is greater. | |
| 1053 | + | 32.20 (d) The office may assess the following civil penalties on a person who imports or sells | |
| 1054 | + | 32.21products infused with tetrahydrocannabinol without a license issued under this chapter that | |
| 1055 | + | 32.22authorizes the importation or sale: | |
| 1056 | + | 32.23 (1) if the person imports or sells products infused with up to 800 milligrams of | |
| 1057 | + | 32.24tetrahydrocannabinol, up to $3,000 or three times the retail market value of the infused | |
| 1058 | + | 32.25product, whichever is greater; | |
| 1059 | + | 32.26 (2) if the person imports or sells products infused with a total of more than 800 milligrams | |
| 1060 | + | 32.27but not more than four grams of tetrahydrocannabinol, up to $10,000 or three times the | |
| 1061 | + | 32.28retail market value of the infused product, whichever is greater; | |
| 1062 | + | 32.29 (3) if the person imports or sells products infused with a total of more than four grams | |
| 1063 | + | 32.30but not more than eight grams of tetrahydrocannabinol, up to $25,000 or three times the | |
| 1064 | + | 32.31retail market value of the infused product, whichever is greater; | |
| 1064 | 1065 | 32Article 1 Sec. 9. | |
| 1065 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 33.1 (4) if the person sells more than 80 grams but not more than 400 grams of cannabis | |
| 1066 | - | 33.2concentrate, up to $50,000 or three times the retail market value of the cannabis concentrate, | |
| 1067 | - | 33.3whichever is greater; | |
| 1068 | - | 33.4 (5) if the person sells more than 400 grams but not more than two kilograms of cannabis | |
| 1069 | - | 33.5concentrate, up to $100,000 or three times the retail market value of the cannabis concentrate, | |
| 1070 | - | 33.6whichever is greater; | |
| 1071 | - | 33.7 (6) if the person sells more than two kilograms but not more than four kilograms of | |
| 1072 | - | 33.8cannabis concentrate, up to $250,000 or three times the retail market value of the cannabis | |
| 1073 | - | 33.9concentrate, whichever is greater; and | |
| 1074 | - | 33.10 (7) if the person sells more than four kilograms of cannabis concentrate, up to $1,000,000 | |
| 1075 | - | 33.11or three times the retail market value of the cannabis concentrate, whichever is greater. | |
| 1076 | - | 33.12 (d) The office may assess the following civil penalties on a person who imports or sells | |
| 1077 | - | 33.13products infused with tetrahydrocannabinol without a license issued under this chapter that | |
| 1078 | - | 33.14authorizes the importation or sale: | |
| 1079 | - | 33.15 (1) if the person imports or sells products infused with up to 800 milligrams of | |
| 1080 | - | 33.16tetrahydrocannabinol, up to $3,000 or three times the retail market value of the infused | |
| 1081 | - | 33.17product, whichever is greater; | |
| 1082 | - | 33.18 (2) if the person imports or sells products infused with a total of more than 800 milligrams | |
| 1083 | - | 33.19but not more than four grams of tetrahydrocannabinol, up to $10,000 or three times the | |
| 1084 | - | 33.20retail market value of the infused product, whichever is greater; | |
| 1085 | - | 33.21 (3) if the person imports or sells products infused with a total of more than four grams | |
| 1086 | - | 33.22but not more than eight grams of tetrahydrocannabinol, up to $25,000 or three times the | |
| 1087 | - | 33.23retail market value of the infused product, whichever is greater; | |
| 1088 | - | 33.24 (4) if the person imports or sells products infused with a total of more than eight grams | |
| 1089 | - | 33.25but not more than 40 grams of tetrahydrocannabinol, up to $50,000 or three times the retail | |
| 1090 | - | 33.26market value of the infused product, whichever is greater; | |
| 1091 | - | 33.27 (5) if the person imports or sells products infused with a total of more than 40 grams | |
| 1092 | - | 33.28but not more than 200 grams of tetrahydrocannabinol, up to $100,000 or three times the | |
| 1093 | - | 33.29retail market value of the infused product, whichever is greater; | |
| 1094 | - | 33.30 (6) if the person imports or sells products infused with a total of more than 200 grams | |
| 1095 | - | 33.31but not more than 400 grams of tetrahydrocannabinol, up to $250,000 or three times the | |
| 1096 | - | 33.32retail market value of the infused product, whichever is greater; and | |
| 1097 | - | 33Article 1 Sec. 9. | |
| 1098 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 34.1 (7) if the person imports or sells products infused with a total of more than 400 grams | |
| 1099 | - | 34.2of tetrahydrocannabinol, up to $1,000,000 or three times the retail market value of the | |
| 1100 | - | 34.3infused product, whichever is greater. | |
| 1101 | - | 34.4 (e) The office may assess a civil penalty of up to $500 for each plant grown in excess | |
| 1102 | - | 34.5of the limit on a person who grows more than eight cannabis plants or more than four mature, | |
| 1103 | - | 34.6flowering plants, without a license to cultivate cannabis issued under this chapter. | |
| 1104 | - | 34.7 Sec. 10. [342.10] LICENSES; TYPES. | |
| 1105 | - | 34.8 The office shall issue the following types of license: | |
| 1106 | - | 34.9 (1) cannabis microbusiness; | |
| 1107 | - | 34.10 (2) cannabis mezzobusiness; | |
| 1108 | - | 34.11 (3) cannabis cultivator; | |
| 1109 | - | 34.12 (4) cannabis manufacturer; | |
| 1110 | - | 34.13 (5) cannabis retailer; | |
| 1111 | - | 34.14 (6) cannabis wholesaler; | |
| 1112 | - | 34.15 (7) cannabis transporter; | |
| 1113 | - | 34.16 (8) cannabis testing facility; | |
| 1114 | - | 34.17 (9) cannabis event organizer; | |
| 1115 | - | 34.18 (10) cannabis delivery service; | |
| 1116 | - | 34.19 (11) lower-potency hemp edible manufacturer; | |
| 1117 | - | 34.20 (12) lower-potency hemp edible retailer; | |
| 1118 | - | 34.21 (13) medical cannabis cultivator; | |
| 1119 | - | 34.22 (14) medical cannabis processor; | |
| 1120 | - | 34.23 (15) medical cannabis retailer; or | |
| 1121 | - | 34.24 (16) medical cannabis combination business. | |
| 1122 | - | 34.25Sec. 11. [342.11] LICENSES; FEES. | |
| 1123 | - | 34.26 (a) The office shall require the payment of application fees, initial licensing fees, and | |
| 1124 | - | 34.27renewal licensing fees as provided in this section. The initial license fee shall include the | |
| 1125 | - | 34.28fee for initial issuance of the license and the first annual renewal. The renewal fee shall be | |
| 1066 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 33.1 (4) if the person imports or sells products infused with a total of more than eight grams | |
| 1067 | + | 33.2but not more than 40 grams of tetrahydrocannabinol, up to $50,000 or three times the retail | |
| 1068 | + | 33.3market value of the infused product, whichever is greater; | |
| 1069 | + | 33.4 (5) if the person imports or sells products infused with a total of more than 40 grams | |
| 1070 | + | 33.5but not more than 200 grams of tetrahydrocannabinol, up to $100,000 or three times the | |
| 1071 | + | 33.6retail market value of the infused product, whichever is greater; | |
| 1072 | + | 33.7 (6) if the person imports or sells products infused with a total of more than 200 grams | |
| 1073 | + | 33.8but not more than 400 grams of tetrahydrocannabinol, up to $250,000 or three times the | |
| 1074 | + | 33.9retail market value of the infused product, whichever is greater; and | |
| 1075 | + | 33.10 (7) if the person imports or sells products infused with a total of more than 400 grams | |
| 1076 | + | 33.11of tetrahydrocannabinol, up to $1,000,000 or three times the retail market value of the | |
| 1077 | + | 33.12infused product, whichever is greater. | |
| 1078 | + | 33.13 (e) The office may assess a civil penalty of up to $500 for each plant grown in excess | |
| 1079 | + | 33.14of the limit on a person who grows more than eight cannabis plants or more than four mature, | |
| 1080 | + | 33.15flowering plants, without a license to cultivate cannabis issued under this chapter. | |
| 1081 | + | 33.16Sec. 10. [342.10] LICENSES; TYPES. | |
| 1082 | + | 33.17 The office shall issue the following types of license: | |
| 1083 | + | 33.18 (1) cannabis microbusiness; | |
| 1084 | + | 33.19 (2) cannabis mezzobusiness; | |
| 1085 | + | 33.20 (3) cannabis cultivator; | |
| 1086 | + | 33.21 (4) cannabis manufacturer; | |
| 1087 | + | 33.22 (5) cannabis retailer; | |
| 1088 | + | 33.23 (6) cannabis wholesaler; | |
| 1089 | + | 33.24 (7) cannabis transporter; | |
| 1090 | + | 33.25 (8) cannabis testing facility; | |
| 1091 | + | 33.26 (9) cannabis event organizer; | |
| 1092 | + | 33.27 (10) cannabis delivery service; | |
| 1093 | + | 33.28 (11) lower-potency hemp edible manufacturer; | |
| 1094 | + | 33.29 (12) lower-potency hemp edible retailer; | |
| 1095 | + | 33Article 1 Sec. 10. | |
| 1096 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 34.1 (13) medical cannabis cultivator; | |
| 1097 | + | 34.2 (14) medical cannabis processor; or | |
| 1098 | + | 34.3 (15) medical cannabis retailer. | |
| 1099 | + | 34.4 Sec. 11. [342.11] LICENSES; FEES. | |
| 1100 | + | 34.5 (a) The office shall require the payment of application fees, initial licensing fees, and | |
| 1101 | + | 34.6renewal licensing fees as provided in this section. The initial license fee shall include the | |
| 1102 | + | 34.7fee for initial issuance of the license and the first annual renewal. The renewal fee shall be | |
| 1103 | + | 34.8charged at the time of the second renewal and each subsequent annual renewal thereafter. | |
| 1104 | + | 34.9Nothing in this section prohibits a local unit of government from charging the retailer | |
| 1105 | + | 34.10registration fee established in section 342.22. Application fees, initial licensing fees, and | |
| 1106 | + | 34.11renewal licensing fees are nonrefundable. | |
| 1107 | + | 34.12 (b) Application and licensing fees shall be as follows: | |
| 1108 | + | 34.13 (1) for a cannabis microbusiness: | |
| 1109 | + | 34.14 (i) an application fee of $500; | |
| 1110 | + | 34.15 (ii) an initial license fee of $0; and | |
| 1111 | + | 34.16 (iii) a renewal license fee of $2,000; | |
| 1112 | + | 34.17 (2) for a cannabis mezzobusiness: | |
| 1113 | + | 34.18 (i) an application fee of $5,000; | |
| 1114 | + | 34.19 (ii) an initial license fee of $5,000; and | |
| 1115 | + | 34.20 (iii) a renewal license fee of $10,000; | |
| 1116 | + | 34.21 (3) for a cannabis cultivator: | |
| 1117 | + | 34.22 (i) an application fee of $10,000; | |
| 1118 | + | 34.23 (ii) an initial license fee of $20,000; and | |
| 1119 | + | 34.24 (iii) a renewal license fee of $30,000; | |
| 1120 | + | 34.25 (4) for a cannabis manufacturer: | |
| 1121 | + | 34.26 (i) an application fee of $10,000; | |
| 1122 | + | 34.27 (ii) an initial license fee of $10,000; and | |
| 1123 | + | 34.28 (iii) a renewal license fee of $20,000; | |
| 1126 | 1124 | 34Article 1 Sec. 11. | |
| 1127 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 35.1charged at the time of the second renewal and each subsequent annual renewal thereafter. | |
| 1128 | - | 35.2Nothing in this section prohibits a local unit of government from charging the retailer | |
| 1129 | - | 35.3registration fee established in section 342.22. Application fees, initial licensing fees, and | |
| 1130 | - | 35.4renewal licensing fees are nonrefundable. | |
| 1131 | - | 35.5 (b) Application and licensing fees shall be as follows: | |
| 1132 | - | 35.6 (1) for a cannabis microbusiness: | |
| 1133 | - | 35.7 (i) an application fee of $500; | |
| 1134 | - | 35.8 (ii) an initial license fee of $0; and | |
| 1135 | - | 35.9 (iii) a renewal license fee of $2,000; | |
| 1136 | - | 35.10 (2) for a cannabis mezzobusiness: | |
| 1137 | - | 35.11 (i) an application fee of $5,000; | |
| 1138 | - | 35.12 (ii) an initial license fee of $5,000; and | |
| 1139 | - | 35.13 (iii) a renewal license fee of $10,000; | |
| 1140 | - | 35.14 (3) for a cannabis cultivator: | |
| 1141 | - | 35.15 (i) an application fee of $10,000; | |
| 1142 | - | 35.16 (ii) an initial license fee of $20,000; and | |
| 1143 | - | 35.17 (iii) a renewal license fee of $30,000; | |
| 1144 | - | 35.18 (4) for a cannabis manufacturer: | |
| 1145 | - | 35.19 (i) an application fee of $10,000; | |
| 1146 | - | 35.20 (ii) an initial license fee of $10,000; and | |
| 1147 | - | 35.21 (iii) a renewal license fee of $20,000; | |
| 1148 | - | 35.22 (5) for a cannabis retailer: | |
| 1149 | - | 35.23 (i) an application fee of $2,500; | |
| 1150 | - | 35.24 (ii) an initial license fee of $2,500; and | |
| 1151 | - | 35.25 (iii) a renewal license fee of $5,000; | |
| 1152 | - | 35.26 (6) for a cannabis wholesaler: | |
| 1153 | - | 35.27 (i) an application fee of $5,000; | |
| 1154 | - | 35.28 (ii) an initial license fee of $5,000; and | |
| 1125 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 35.1 (5) for a cannabis retailer: | |
| 1126 | + | 35.2 (i) an application fee of $2,500; | |
| 1127 | + | 35.3 (ii) an initial license fee of $2,500; and | |
| 1128 | + | 35.4 (iii) a renewal license fee of $5,000; | |
| 1129 | + | 35.5 (6) for a cannabis wholesaler: | |
| 1130 | + | 35.6 (i) an application fee of $5,000; | |
| 1131 | + | 35.7 (ii) an initial license fee of $5,000; and | |
| 1132 | + | 35.8 (iii) a renewal license fee of $10,000; | |
| 1133 | + | 35.9 (7) for a cannabis transporter: | |
| 1134 | + | 35.10 (i) an application fee of $250; | |
| 1135 | + | 35.11 (ii) an initial license fee of $500; and | |
| 1136 | + | 35.12 (iii) a renewal license fee of $1,000; | |
| 1137 | + | 35.13 (8) for a cannabis testing facility: | |
| 1138 | + | 35.14 (i) an application fee of $250; | |
| 1139 | + | 35.15 (ii) an initial license fee of $0; and | |
| 1140 | + | 35.16 (iii) a renewal license fee of $0; | |
| 1141 | + | 35.17 (9) for a cannabis delivery service: | |
| 1142 | + | 35.18 (i) an application fee of $250; | |
| 1143 | + | 35.19 (ii) an initial license fee of $500; and | |
| 1144 | + | 35.20 (iii) a renewal license fee of $1,000; | |
| 1145 | + | 35.21 (10) for a cannabis event organizer: | |
| 1146 | + | 35.22 (i) an application fee of $750; and | |
| 1147 | + | 35.23 (ii) an initial license fee of $750; | |
| 1148 | + | 35.24 (11) for a lower-potency hemp edible manufacturer: | |
| 1149 | + | 35.25 (i) an application fee of $250; | |
| 1150 | + | 35.26 (ii) an initial license fee of $500; and | |
| 1151 | + | 35.27 (iii) a renewal license fee of $500; | |
| 1155 | 1152 | 35Article 1 Sec. 11. | |
| 1156 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 36.1 (iii) a renewal license fee of $10,000; | |
| 1157 | - | 36.2 (7) for a cannabis transporter: | |
| 1158 | - | 36.3 (i) an application fee of $250; | |
| 1159 | - | 36.4 (ii) an initial license fee of $500; and | |
| 1160 | - | 36.5 (iii) a renewal license fee of $1,000; | |
| 1161 | - | 36.6 (8) for a cannabis testing facility: | |
| 1162 | - | 36.7 (i) an application fee of $5,000; | |
| 1163 | - | 36.8 (ii) an initial license fee of $5,000; and | |
| 1164 | - | 36.9 (iii) a renewal license fee of $10,000; | |
| 1165 | - | 36.10 (9) for a cannabis delivery service: | |
| 1166 | - | 36.11 (i) an application fee of $250; | |
| 1167 | - | 36.12 (ii) an initial license fee of $500; and | |
| 1168 | - | 36.13 (iii) a renewal license fee of $1,000; | |
| 1169 | - | 36.14 (10) for a cannabis event organizer: | |
| 1170 | - | 36.15 (i) an application fee of $750; and | |
| 1171 | - | 36.16 (ii) an initial license fee of $750; | |
| 1172 | - | 36.17 (11) for a lower-potency hemp edible manufacturer: | |
| 1173 | - | 36.18 (i) an application fee of $250; | |
| 1174 | - | 36.19 (ii) an initial license fee of $1,000; and | |
| 1175 | - | 36.20 (iii) a renewal license fee of $1,000; | |
| 1176 | - | 36.21 (12) for a lower-potency hemp edible retailer: | |
| 1177 | - | 36.22 (i) an application fee of $250 per retail location; | |
| 1178 | - | 36.23 (ii) an initial license fee of $250 per retail location; and | |
| 1179 | - | 36.24 (iii) a renewal license fee of $250 per retail location; | |
| 1180 | - | 36.25 (13) for a medical cannabis cultivator: | |
| 1181 | - | 36.26 (i) an application fee of $250; | |
| 1182 | - | 36.27 (ii) an initial license fee of $0; and | |
| 1183 | - | 36Article 1 Sec. 11. | |
| 1184 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 37.1 (iii) a renewal license fee of $0; | |
| 1185 | - | 37.2 (14) for a medical cannabis processor: | |
| 1186 | - | 37.3 (i) an application fee of $250; | |
| 1187 | - | 37.4 (ii) an initial license fee of $0; and | |
| 1188 | - | 37.5 (iii) a renewal license fee of $0; | |
| 1189 | - | 37.6 (15) for a medical cannabis retailer: | |
| 1190 | - | 37.7 (i) an application fee of $250; | |
| 1191 | - | 37.8 (ii) an initial license fee of $0; and | |
| 1192 | - | 37.9 (iii) a renewal license fee of $0; and | |
| 1193 | - | 37.10 (16) for a medical cannabis combination business: | |
| 1194 | - | 37.11 (i) an application fee of $10,000; | |
| 1195 | - | 37.12 (ii) an initial license fee of $20,000; and | |
| 1196 | - | 37.13 (iii) a renewal license fee of $70,000. | |
| 1197 | - | 37.14Sec. 12. [342.12] LICENSES; TRANSFERS; ADJUSTMENTS. | |
| 1198 | - | 37.15 (a) Licenses issued under this chapter may be freely transferred subject to the prior | |
| 1199 | - | 37.16written approval of the office, which approval may be given or withheld in the office's sole | |
| 1200 | - | 37.17discretion, provided that a social equity applicant may only transfer the applicant's license | |
| 1201 | - | 37.18to another social equity applicant. A new license must be obtained when: | |
| 1202 | - | 37.19 (1) the form of the licensee's legal business structure converts or changes to a different | |
| 1203 | - | 37.20type of legal business structure; or | |
| 1204 | - | 37.21 (2) the licensee dissolves; consolidates; reorganizes; undergoes bankruptcy, insolvency, | |
| 1205 | - | 37.22or receivership proceedings; merges with another legal organization; or assigns all or | |
| 1206 | - | 37.23substantially all of its assets for the benefit of creditors. | |
| 1207 | - | 37.24 (b) Transfers between social equity applicants must be reviewed by the Division of | |
| 1208 | - | 37.25Social Equity. | |
| 1209 | - | 37.26 (c) Licenses must be renewed annually. | |
| 1210 | - | 37.27 (d) License holders may petition the office to adjust the tier of a license issued within a | |
| 1211 | - | 37.28license category provided that the license holder meets all applicable requirements. | |
| 1212 | - | 37Article 1 Sec. 12. | |
| 1213 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 38.1 (e) The office by rule may permit relocation of a licensed cannabis business, adopt | |
| 1214 | - | 38.2requirements for the submission of a license relocation application, establish standards for | |
| 1215 | - | 38.3the approval of a relocation application, and charge a fee not to exceed $250 for reviewing | |
| 1216 | - | 38.4and processing applications. Relocation of a licensed premises pursuant to this paragraph | |
| 1217 | - | 38.5does not extend or otherwise modify the license term of the license subject to relocation. | |
| 1218 | - | 38.6 Sec. 13. [342.13] LOCAL CONTROL. | |
| 1219 | - | 38.7 (a) A local unit of government may not prohibit the possession, transportation, or use | |
| 1220 | - | 38.8of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 1221 | - | 38.9consumer products authorized under this chapter. | |
| 1222 | - | 38.10 (b) Except as provided in section 342.22, a local unit of government may not prohibit | |
| 1223 | - | 38.11the establishment or operation of a cannabis business licensed under this chapter. | |
| 1224 | - | 38.12 (c) A local unit of government may adopt reasonable restrictions on the time, place, and | |
| 1225 | - | 38.13manner of the operation of a cannabis business provided that such restrictions do not prohibit | |
| 1226 | - | 38.14the establishment or operation of cannabis businesses. A local unit of government may | |
| 1227 | - | 38.15prohibit the operation of a cannabis business within 1,000 feet of a school, or 500 feet of a | |
| 1228 | - | 38.16day care, residential treatment facility, or an attraction within a public park that is regularly | |
| 1229 | - | 38.17used by minors, including a playground or athletic field. | |
| 1230 | - | 38.18 (d) The office shall work with local units of government to: | |
| 1231 | - | 38.19 (1) develop model ordinances for reasonable restrictions on the time, place, and manner | |
| 1232 | - | 38.20of the operation of a cannabis business; | |
| 1233 | - | 38.21 (2) develop standardized forms and procedures for the issuance of a retail registration | |
| 1234 | - | 38.22pursuant to section 342.22; and | |
| 1235 | - | 38.23 (3) develop model policies and procedures for the performance of compliance checks | |
| 1236 | - | 38.24required under section 342.22. | |
| 1237 | - | 38.25 (e) If a local unit of government is conducting studies or has authorized a study to be | |
| 1238 | - | 38.26conducted or has held or has scheduled a hearing for the purpose of considering adoption | |
| 1239 | - | 38.27or amendment of reasonable restrictions on the time, place, and manner of the operation of | |
| 1240 | - | 38.28a cannabis business, the governing body of the local unit of government may adopt an | |
| 1241 | - | 38.29interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting | |
| 1242 | - | 38.30the planning process and the health, safety, and welfare of its citizens. Before adopting the | |
| 1243 | - | 38.31interim ordinance, the governing body must hold a public hearing. The interim ordinance | |
| 1244 | - | 38.32may regulate, restrict, or prohibit the operation of a cannabis business within the jurisdiction | |
| 1245 | - | 38.33or a portion thereof until January 1, 2025. | |
| 1153 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 36.1 (12) for a lower-potency hemp retailer: | |
| 1154 | + | 36.2 (i) an application fee of $250; | |
| 1155 | + | 36.3 (ii) an initial license fee of $500; and | |
| 1156 | + | 36.4 (iii) a renewal license fee of $500; | |
| 1157 | + | 36.5 (13) for a medical cannabis cultivator: | |
| 1158 | + | 36.6 (i) an application fee of $250; | |
| 1159 | + | 36.7 (ii) an initial license fee of $0; and | |
| 1160 | + | 36.8 (iii) a renewal license fee of $0; | |
| 1161 | + | 36.9 (14) for a medical cannabis processor: | |
| 1162 | + | 36.10 (i) an application fee of $250; | |
| 1163 | + | 36.11 (ii) an initial license fee of $0; and | |
| 1164 | + | 36.12 (iii) a renewal license fee of $0; and | |
| 1165 | + | 36.13 (15) for a medical cannabis retailer: | |
| 1166 | + | 36.14 (i) an application fee of $250; | |
| 1167 | + | 36.15 (ii) an initial license fee of $0; and | |
| 1168 | + | 36.16 (iii) a renewal license fee of $0. | |
| 1169 | + | 36.17Sec. 12. [342.12] LICENSES; TRANSFERS; ADJUSTMENTS. | |
| 1170 | + | 36.18 (a) Licenses issued under this chapter may not be transferred. A new license must be | |
| 1171 | + | 36.19obtained when: | |
| 1172 | + | 36.20 (1) the form of the licensee's legal business structure converts or changes to a different | |
| 1173 | + | 36.21type of legal business structure; | |
| 1174 | + | 36.22 (2) the licensee dissolves, consolidates, or merges with another legal organization; | |
| 1175 | + | 36.23 (3) within the previous 24 months, 50 percent or more of the licensee is transferred by | |
| 1176 | + | 36.24a single transaction or multiple transactions to: | |
| 1177 | + | 36.25 (i) another person or legal organization; or | |
| 1178 | + | 36.26 (ii) a person or legal organization who had less than a five percent ownership interest | |
| 1179 | + | 36.27in the licensee at the time of the first transaction; or | |
| 1180 | + | 36Article 1 Sec. 12. | |
| 1181 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 37.1 (4) any other event or combination of events that results in a substitution, elimination, | |
| 1182 | + | 37.2or withdrawal of the licensee's responsibility for the operation of the licensee. | |
| 1183 | + | 37.3 (b) Licenses must be renewed annually. | |
| 1184 | + | 37.4 (c) License holders may petition the office to adjust the tier of a license issued within a | |
| 1185 | + | 37.5license category provided that the license holder meets all applicable requirements. | |
| 1186 | + | 37.6 (d) The office by rule may permit relocation of a licensed cannabis business, adopt | |
| 1187 | + | 37.7requirements for the submission of a license relocation application, establish standards for | |
| 1188 | + | 37.8the approval of a relocation application, and charge a fee not to exceed $250 for reviewing | |
| 1189 | + | 37.9and processing relocation applications. Relocation of a licensed premises pursuant to this | |
| 1190 | + | 37.10paragraph does not extend or otherwise modify the license term of the license subject to | |
| 1191 | + | 37.11relocation. | |
| 1192 | + | 37.12Sec. 13. [342.13] LOCAL CONTROL. | |
| 1193 | + | 37.13 (a) A local unit of government may not prohibit the possession, transportation, or use | |
| 1194 | + | 37.14of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 1195 | + | 37.15consumer products authorized under this chapter. | |
| 1196 | + | 37.16 (b) Except as provided in section 342.22, a local unit of government may not prohibit | |
| 1197 | + | 37.17the establishment or operation of a cannabis business or hemp business licensed under this | |
| 1198 | + | 37.18chapter. | |
| 1199 | + | 37.19 (c) A local unit of government may adopt reasonable restrictions on the time, place, and | |
| 1200 | + | 37.20manner of the operation of a cannabis business or hemp business provided that such | |
| 1201 | + | 37.21restrictions do not prohibit the establishment or operation of cannabis businesses or hemp | |
| 1202 | + | 37.22businesses. A local unit of government may prohibit the operation of a cannabis business | |
| 1203 | + | 37.23within 1,000 feet of a school, day care, the Capitol or Capitol grounds, or a public park that | |
| 1204 | + | 37.24includes a playground, athletic field, or other attraction regularly used by minors. | |
| 1205 | + | 37.25 (d) The office shall work with local units of government to: | |
| 1206 | + | 37.26 (1) develop model ordinances for reasonable restrictions on the time, place, and manner | |
| 1207 | + | 37.27of the operation of a cannabis business or hemp business; | |
| 1208 | + | 37.28 (2) develop standardized forms and procedures for the issuance of a retail registration | |
| 1209 | + | 37.29pursuant to section 342.22; and | |
| 1210 | + | 37.30 (3) develop model policies and procedures for the performance of compliance checks | |
| 1211 | + | 37.31required under section 342.22. | |
| 1212 | + | 37Article 1 Sec. 13. | |
| 1213 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 38.1 (e) If a local unit of government is conducting studies or has authorized a study to be | |
| 1214 | + | 38.2conducted or has held or has scheduled a hearing for the purpose of considering adoption | |
| 1215 | + | 38.3or amendment of reasonable restrictions on the time, place, and manner of the operation of | |
| 1216 | + | 38.4a cannabis business, the governing body of the local unit of government may adopt an | |
| 1217 | + | 38.5interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting | |
| 1218 | + | 38.6the planning process and the health, safety, and welfare of its citizens. Before adopting the | |
| 1219 | + | 38.7interim ordinance, the governing body must hold a public hearing. The interim ordinance | |
| 1220 | + | 38.8may regulate, restrict, or prohibit the operation of a cannabis business within the jurisdiction | |
| 1221 | + | 38.9or a portion thereof until January 1, 2025. | |
| 1222 | + | 38.10 (f) Within 30 days of receiving a copy of an application from the office, a local unit of | |
| 1223 | + | 38.11government shall certify on a form provided by the office whether a proposed cannabis | |
| 1224 | + | 38.12business or hemp business complies with local zoning ordinances and, if applicable, whether | |
| 1225 | + | 38.13the proposed business complies with the state fire code and building code. | |
| 1226 | + | 38.14 (g) Upon receipt of an application for a license issued under this chapter, the office shall | |
| 1227 | + | 38.15contact the local unit of government in which the business would be located and provide | |
| 1228 | + | 38.16the local unit of government with 30 days in which to provide input on the application. The | |
| 1229 | + | 38.17local unit of government may provide the office with any additional information it believes | |
| 1230 | + | 38.18is relevant to the office's decision on whether to issue a license, including but not limited | |
| 1231 | + | 38.19to identifying concerns about the proposed location of a cannabis business or hemp business, | |
| 1232 | + | 38.20or sharing public information about an applicant. | |
| 1233 | + | 38.21 (h) The office by rule shall establish an expedited complaint process to receive, review, | |
| 1234 | + | 38.22and respond to complaints made by a local unit of government about a cannabis business | |
| 1235 | + | 38.23or hemp business. Complaints may include alleged violations of local ordinances or other | |
| 1236 | + | 38.24alleged violations. At a minimum, the expedited complaint process shall require the office | |
| 1237 | + | 38.25to provide an initial response to the complaint within seven days and perform any necessary | |
| 1238 | + | 38.26inspections within 30 days. Nothing in this paragraphs prohibits a local unit of government | |
| 1239 | + | 38.27from enforcing a local ordinance. If a local unit of government notifies the office that a | |
| 1240 | + | 38.28cannabis business or hemp business other than a cannabis retailer, cannabis microbusiness | |
| 1241 | + | 38.29with a retail operations endorsement, cannabis mezzobusiness, lower-potency hemp edible | |
| 1242 | + | 38.30retailer, or medical cannabis retailer poses an immediate threat to the health or safety of the | |
| 1243 | + | 38.31public, the office must respond within 24 hours and may take any action described in section | |
| 1244 | + | 38.32342.19 or 342.21. | |
| 1245 | + | 38.33 (i) Notwithstanding the foregoing provisions, the state shall not issue a license to any | |
| 1246 | + | 38.34cannabis business to operate in the Indian Country, as defined in United States Code, title | |
| 1246 | 1247 | 38Article 1 Sec. 13. | |
| 1247 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 39.1 (f) Within 30 days of receiving a copy of an application from the office, a local unit of | |
| 1248 | - | 39.2government shall certify on a form provided by the office whether a proposed cannabis | |
| 1249 | - | 39.3business complies with local zoning ordinances and, if applicable, whether the proposed | |
| 1250 | - | 39.4business complies with the state fire code and building code. The office may not issue a | |
| 1251 | - | 39.5license if a cannabis business does not meet local zoning and land use laws. | |
| 1252 | - | 39.6 (g) Upon receipt of an application for a license issued under this chapter, the office shall | |
| 1253 | - | 39.7contact the local unit of government in which the business would be located and provide | |
| 1254 | - | 39.8the local unit of government with 30 days in which to provide input on the application. The | |
| 1255 | - | 39.9local unit of government may provide the office with any additional information it believes | |
| 1256 | - | 39.10is relevant to the office's decision on whether to issue a license, including but not limited | |
| 1257 | - | 39.11to identifying concerns about the proposed location of a cannabis business, or sharing public | |
| 1258 | - | 39.12information about an applicant. | |
| 1259 | - | 39.13 (h) The office by rule shall establish an expedited complaint process to receive, review, | |
| 1260 | - | 39.14and respond to complaints made by a local unit of government about a cannabis business. | |
| 1261 | - | 39.15Complaints may include alleged violations of local ordinances or other alleged violations. | |
| 1262 | - | 39.16At a minimum, the expedited complaint process shall require the office to provide an initial | |
| 1263 | - | 39.17response to the complaint within seven days and perform any necessary inspections within | |
| 1264 | - | 39.1830 days. Nothing in this paragraph prohibits a local unit of government from enforcing a | |
| 1265 | - | 39.19local ordinance. If a local unit of government notifies the office that a cannabis business | |
| 1266 | - | 39.20other than a cannabis retailer, cannabis microbusiness with a retail operations endorsement, | |
| 1267 | - | 39.21cannabis mezzobusiness, lower-potency hemp edible retailer, medical cannabis retailer, or | |
| 1268 | - | 39.22medical cannabis combination business poses an immediate threat to the health or safety | |
| 1269 | - | 39.23of the public, the office must respond within one business day and may take any action | |
| 1270 | - | 39.24described in section 342.19 or 342.21. | |
| 1271 | - | 39.25 (i) A local government unit that issues cannabis retailer registration under section 342.22 | |
| 1272 | - | 39.26may, by ordinance, limit the number of licensed cannabis retailers, cannabis mezzobusinesses | |
| 1273 | - | 39.27with a retail operations endorsement, and cannabis microbusinesses with a retail operations | |
| 1274 | - | 39.28endorsement to no fewer than one registration for every 12,500 residents. | |
| 1275 | - | 39.29 (j) If a county has one active registration for every 12,500 residents, a city or town within | |
| 1276 | - | 39.30the county is not obligated to register a cannabis business. | |
| 1277 | - | 39.31 (k) Nothing in this section shall prohibit a local government unit from allowing licensed | |
| 1278 | - | 39.32cannabis retailers in excess of the minimums set in paragraph (i). | |
| 1279 | - | 39.33 (l) Notwithstanding the foregoing provisions, the state shall not issue a license to any | |
| 1280 | - | 39.34cannabis business to operate in Indian country, as defined in United States Code, title 18, | |
| 1281 | - | 39Article 1 Sec. 13. | |
| 1282 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 40.1section 1151, of a Minnesota Tribal government without the consent of the Tribal | |
| 1283 | - | 40.2government. | |
| 1284 | - | 40.3 Sec. 14. [342.14] CANNABIS LICENSE APPLICATION AND RENEWAL. | |
| 1285 | - | 40.4 Subdivision 1.Application; contents.(a) The office by rule shall establish forms and | |
| 1286 | - | 40.5procedures for the processing of cannabis licenses issued under this chapter. At a minimum, | |
| 1287 | - | 40.6any application to obtain or renew a cannabis license shall include the following information, | |
| 1288 | - | 40.7if applicable: | |
| 1289 | - | 40.8 (1) the name, address, and date of birth of the applicant; | |
| 1290 | - | 40.9 (2) the disclosure of ownership and control required under paragraph (b); | |
| 1291 | - | 40.10 (3) the disclosure of whether the applicant or, if the applicant is a business, any officer, | |
| 1292 | - | 40.11director, manager, and general partner of the business has ever filed for bankruptcy; | |
| 1293 | - | 40.12 (4) the address and legal property description of the business; | |
| 1294 | - | 40.13 (5) a general description of the location or locations that the applicant plans to operate, | |
| 1295 | - | 40.14including the planned square feet of planned space for cultivation, wholesaling, and retailing, | |
| 1296 | - | 40.15as applicable; | |
| 1297 | - | 40.16 (6) a copy of the security plan; | |
| 1298 | - | 40.17 (7) proof of trade name registration; | |
| 1299 | - | 40.18 (8) a copy of the applicant's business plan showing the expected size of the business; | |
| 1300 | - | 40.19anticipated growth; the methods of record keeping; the knowledge and experience of the | |
| 1301 | - | 40.20applicant and any officer, director, manager, and general partner of the business; the | |
| 1302 | - | 40.21environmental plan; and other relevant financial and operational components; | |
| 1303 | - | 40.22 (9) an attestation signed by a bona fide labor organization stating that the applicant has | |
| 1304 | - | 40.23entered into a labor peace agreement; | |
| 1305 | - | 40.24 (10) certification that the applicant will comply with the requirements of this chapter | |
| 1306 | - | 40.25relating to the ownership and operation of a cannabis business; | |
| 1307 | - | 40.26 (11) identification of one or more controlling persons or managerial employees as agents | |
| 1308 | - | 40.27who shall be responsible for dealing with the office on all matters; and | |
| 1309 | - | 40.28 (12) a statement that the applicant agrees to respond to the office's supplemental requests | |
| 1310 | - | 40.29for information. | |
| 1248 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 39.125, section 1151, of a Minnesota Tribal government without the consent of the Tribal | |
| 1249 | + | 39.2government. | |
| 1250 | + | 39.3 Sec. 14. [342.14] CANNABIS LICENSE APPLICATION AND RENEWAL. | |
| 1251 | + | 39.4 Subdivision 1.Application; contents.(a) The office by rule shall establish forms and | |
| 1252 | + | 39.5procedures for the processing of cannabis licenses issued under this chapter. At a minimum, | |
| 1253 | + | 39.6any application to obtain or renew a cannabis license shall include the following information, | |
| 1254 | + | 39.7if applicable: | |
| 1255 | + | 39.8 (1) the name, address, and date of birth of the applicant; | |
| 1256 | + | 39.9 (2) the disclosure of ownership and control required under paragraph (b); | |
| 1257 | + | 39.10 (3) the disclosure of whether the applicant or, if the applicant is a business, any officer, | |
| 1258 | + | 39.11director, manager, and general partner of the business has ever filed for bankruptcy; | |
| 1259 | + | 39.12 (4) the address and legal property description of the business; | |
| 1260 | + | 39.13 (5) documentation showing legal possession of the premises where the business will | |
| 1261 | + | 39.14operate; | |
| 1262 | + | 39.15 (6) a diagram of the premises, including a security drawing; | |
| 1263 | + | 39.16 (7) a copy of the security plan; | |
| 1264 | + | 39.17 (8) proof of trade name registration; | |
| 1265 | + | 39.18 (9) a copy of the applicant's business plan showing the expected size of the business; | |
| 1266 | + | 39.19anticipated growth; the methods of record keeping; the knowledge and experience of the | |
| 1267 | + | 39.20applicant and any officer, director, manager, and general partner of the business; the | |
| 1268 | + | 39.21environmental plan; and other relevant financial and operational components; | |
| 1269 | + | 39.22 (10) an attestation signed by a bona fide labor organization stating that the applicant has | |
| 1270 | + | 39.23entered into a labor peace agreement; | |
| 1271 | + | 39.24 (11) certification that the applicant will comply with the requirements of this chapter | |
| 1272 | + | 39.25relating to the ownership and operation of a cannabis business; | |
| 1273 | + | 39.26 (12) identification of one or more controlling persons or managerial employees as agents | |
| 1274 | + | 39.27who shall be responsible for dealing with the office on all matters; and | |
| 1275 | + | 39.28 (13) a statement that the applicant agrees to respond to the office's supplemental requests | |
| 1276 | + | 39.29for information. | |
| 1277 | + | 39Article 1 Sec. 14. | |
| 1278 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 40.1 (b) An applicant must file and update as necessary a disclosure of ownership and control. | |
| 1279 | + | 40.2The office by rule shall establish the contents and form of the disclosure. Except as provided | |
| 1280 | + | 40.3in paragraph (f), the disclosure shall, at a minimum, include the following: | |
| 1281 | + | 40.4 (1) the management structure, ownership, and control of the applicant or license holder, | |
| 1282 | + | 40.5including the name of each cooperative member, officer, director, manager, general partner | |
| 1283 | + | 40.6or business entity; the office or position held by each person; each person's percentage | |
| 1284 | + | 40.7ownership interest, if any; and, if the business has a parent company, the name of each | |
| 1285 | + | 40.8owner, board member, and officer of the parent company and the owner's, board member's, | |
| 1286 | + | 40.9or officer's percentage ownership interest in the parent company and the cannabis business; | |
| 1287 | + | 40.10 (2) a statement from the applicant and, if the applicant is a business, from every officer, | |
| 1288 | + | 40.11director, manager, and general partner of the business, indicating whether that person has | |
| 1289 | + | 40.12previously held, or currently holds, an ownership interest in a cannabis business in Minnesota, | |
| 1290 | + | 40.13any other state or territory of the United States, or any other country; | |
| 1291 | + | 40.14 (3) if the applicant is a corporation, copies of its articles of incorporation and bylaws | |
| 1292 | + | 40.15and any amendments to its articles of incorporation or bylaws; | |
| 1293 | + | 40.16 (4) copies of any partnership agreement, operating agreement, or shareholder agreement; | |
| 1294 | + | 40.17 (5) copies of any promissory notes, security instruments, or other similar agreements; | |
| 1295 | + | 40.18 (6) explanation detailing the funding sources used to finance the business; | |
| 1296 | + | 40.19 (7) a list of operating and investment accounts for the business, including any applicable | |
| 1297 | + | 40.20financial institution and account number; and | |
| 1298 | + | 40.21 (8) a list of each outstanding loan and financial obligation obtained for use in the business, | |
| 1299 | + | 40.22including the loan amount, loan terms, and name and address of the creditor. | |
| 1300 | + | 40.23 (c) An application may include: | |
| 1301 | + | 40.24 (1) proof that the applicant is a social equity applicant; | |
| 1302 | + | 40.25 (2) a description of the training and education that will be provided to any employee; | |
| 1303 | + | 40.26or | |
| 1304 | + | 40.27 (3) a copy of business policies governing operations to ensure compliance with this | |
| 1305 | + | 40.28chapter. | |
| 1306 | + | 40.29 (d) Commitments made by an applicant in its application, including but not limited to | |
| 1307 | + | 40.30the maintenance of a labor peace agreement, shall be an ongoing material condition of | |
| 1308 | + | 40.31maintaining and renewing the license. | |
| 1311 | 1309 | 40Article 1 Sec. 14. | |
| 1312 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 41.1 (b) An applicant must file and update as necessary a disclosure of ownership and control. | |
| 1313 | - | 41.2The office by rule shall establish the contents and form of the disclosure. Except as provided | |
| 1314 | - | 41.3in paragraph (f), the disclosure shall, at a minimum, include the following: | |
| 1315 | - | 41.4 (1) the management structure, ownership, and control of the applicant or license holder, | |
| 1316 | - | 41.5including the name of each cooperative member, officer, director, manager, general partner | |
| 1317 | - | 41.6or business entity; the office or position held by each person; each person's percentage | |
| 1318 | - | 41.7ownership interest, if any; and, if the business has a parent company, the name of each | |
| 1319 | - | 41.8owner, board member, and officer of the parent company and the owner's, board member's, | |
| 1320 | - | 41.9or officer's percentage ownership interest in the parent company and the cannabis business; | |
| 1321 | - | 41.10 (2) a statement from the applicant and, if the applicant is a business, from every officer, | |
| 1322 | - | 41.11director, manager, and general partner of the business, indicating whether that person has | |
| 1323 | - | 41.12previously held, or currently holds, an ownership interest in a cannabis business in Minnesota, | |
| 1324 | - | 41.13any other state or territory of the United States, or any other country; | |
| 1325 | - | 41.14 (3) if the applicant is a corporation, copies of the applicant's articles of incorporation | |
| 1326 | - | 41.15and bylaws and any amendments to the applicant's articles of incorporation or bylaws; | |
| 1327 | - | 41.16 (4) copies of any partnership agreement, operating agreement, or shareholder agreement; | |
| 1328 | - | 41.17 (5) copies of any promissory notes, security instruments, or other similar agreements; | |
| 1329 | - | 41.18 (6) an explanation detailing the funding sources used to finance the business; | |
| 1330 | - | 41.19 (7) a list of operating and investment accounts for the business, including any applicable | |
| 1331 | - | 41.20financial institution and account number; and | |
| 1332 | - | 41.21 (8) a list of each outstanding loan and financial obligation obtained for use in the business, | |
| 1333 | - | 41.22including the loan amount, loan terms, and name and address of the creditor. | |
| 1334 | - | 41.23 (c) An application may include: | |
| 1335 | - | 41.24 (1) proof that the applicant is a social equity applicant; | |
| 1336 | - | 41.25 (2) a description of the training and education that will be provided to any employee; | |
| 1337 | - | 41.26or | |
| 1338 | - | 41.27 (3) a copy of business policies governing operations to ensure compliance with this | |
| 1339 | - | 41.28chapter. | |
| 1340 | - | 41.29 (d) Commitments made by an applicant in its application, including but not limited to | |
| 1341 | - | 41.30the maintenance of a labor peace agreement, shall be an ongoing material condition of | |
| 1342 | - | 41.31maintaining and renewing the license. | |
| 1343 | - | 41Article 1 Sec. 14. | |
| 1344 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 42.1 (e) An application on behalf of a corporation or association shall be signed by at least | |
| 1345 | - | 42.2two officers or managing agents of that entity. | |
| 1346 | - | 42.3 (f) The office may, by rule, establish exceptions to the disclosures required under | |
| 1347 | - | 42.4paragraph (b) for members of a cooperative who hold less than a five percent ownership | |
| 1348 | - | 42.5interest in the cooperative. | |
| 1349 | - | 42.6 Subd. 2.Application; process.(a) An applicant must submit all required information | |
| 1350 | - | 42.7to the office on the forms and in the manner prescribed by the office. | |
| 1351 | - | 42.8 (b) If the office receives an application that fails to provide the required information, | |
| 1352 | - | 42.9the office shall issue a deficiency notice to the applicant. The applicant shall have ten | |
| 1353 | - | 42.10business days from the date of the deficiency notice to submit the required information. | |
| 1354 | - | 42.11 (c) Failure by an applicant to submit all required information will result in the application | |
| 1355 | - | 42.12being rejected. | |
| 1356 | - | 42.13 (d) Upon receipt of a completed application and fee, the office shall forward a copy of | |
| 1357 | - | 42.14the application to the local unit of government in which the business operates or intends to | |
| 1358 | - | 42.15operate with a form for certification as to whether a proposed cannabis business complies | |
| 1359 | - | 42.16with local zoning ordinances and, if applicable, whether the proposed business complies | |
| 1360 | - | 42.17with the state fire code and building code. | |
| 1361 | - | 42.18 (e) Within 90 days of receiving a completed application and the results of any required | |
| 1362 | - | 42.19criminal history check, the office shall issue the appropriate license or send the applicant a | |
| 1363 | - | 42.20notice of rejection setting forth specific reasons that the office did not approve the application. | |
| 1364 | - | 42.21Sec. 15. [342.15] ADULT-USE CANNABIS BUSINESS; CRIMINAL HISTORY | |
| 1365 | - | 42.22CHECK AND DISQUALIFICATIONS. | |
| 1366 | - | 42.23 Subdivision 1.Criminal history check.(a) Upon request by the office, every license | |
| 1367 | - | 42.24applicant or, in the case of a business entity, every cooperative member or director, manager, | |
| 1368 | - | 42.25and general partner of the business entity, for a cannabis business license, or in the case of | |
| 1369 | - | 42.26a business entity, every cooperative member or director, manager, and general partner of | |
| 1370 | - | 42.27the business entity, and prospective cannabis worker must submit a completed criminal | |
| 1371 | - | 42.28history records check consent form, a full set of classifiable fingerprints, and the required | |
| 1372 | - | 42.29fees to the office. Upon receipt of this information, the office must submit the completed | |
| 1373 | - | 42.30criminal history records check consent form, full set of classifiable fingerprints, and required | |
| 1374 | - | 42.31fees to the Bureau of Criminal Apprehension. After receiving this information, the bureau | |
| 1375 | - | 42.32must conduct a Minnesota criminal history records check of the license applicant or | |
| 1376 | - | 42.33prospective cannabis worker. The bureau may exchange a license applicant's or prospective | |
| 1377 | - | 42Article 1 Sec. 15. | |
| 1378 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 43.1cannabis worker's fingerprints with the Federal Bureau of Investigation to obtain the license | |
| 1379 | - | 43.2applicant's or prospective cannabis worker's national criminal history record information. | |
| 1380 | - | 43.3The bureau must return the results of the Minnesota and federal criminal history records | |
| 1381 | - | 43.4checks to the office to determine if the license applicant or prospective cannabis worker is | |
| 1382 | - | 43.5disqualified under rules adopted pursuant to this section. | |
| 1383 | - | 43.6 (b) The office may, by rule, establish exceptions to the requirement under paragraph (a) | |
| 1384 | - | 43.7for members of a cooperative who hold less than a five percent ownership interest in the | |
| 1385 | - | 43.8cooperative. | |
| 1386 | - | 43.9 Subd. 2.Criminal offenses; disqualifications.The office may by rule determine whether | |
| 1387 | - | 43.10any felony convictions shall disqualify a person from holding or receiving a cannabis | |
| 1388 | - | 43.11business license issued under this chapter or working for a cannabis business, and the length | |
| 1389 | - | 43.12of any such disqualification. In adopting rules pursuant to this subdivision, the office shall | |
| 1390 | - | 43.13not disqualify a person for a violation of section 152.025. | |
| 1391 | - | 43.14 Subd. 3.Risk of harm; set aside.The office may set aside a disqualification under | |
| 1392 | - | 43.15subdivision 2 if the office finds that the person has submitted sufficient information to | |
| 1393 | - | 43.16demonstrate that the person does not pose a risk of harm to any person served by the | |
| 1394 | - | 43.17applicant, license holder, or other entities as provided in this chapter. | |
| 1395 | - | 43.18 Subd. 4.Exception.The background check requirements and disqualifications under | |
| 1396 | - | 43.19this section do not apply to an applicant for a hemp business license or to hemp workers. | |
| 1397 | - | 43.20Sec. 16. [342.16] CANNABIS BUSINESSES; GENERAL OWNERSHIP | |
| 1398 | - | 43.21DISQUALIFICATIONS AND REQUIREMENTS. | |
| 1399 | - | 43.22 (a) A license holder or applicant must meet each of the following requirements, if | |
| 1400 | - | 43.23applicable, to hold or receive a cannabis license issued under this chapter: | |
| 1401 | - | 43.24 (1) be at least 21 years of age; | |
| 1402 | - | 43.25 (2) have completed an application for licensure or application for renewal; | |
| 1403 | - | 43.26 (3) have paid the applicable application fee and license fee; | |
| 1404 | - | 43.27 (4) if the applicant or license holder is a business entity, be incorporated in the state or | |
| 1405 | - | 43.28otherwise formed or organized under the laws of the state; | |
| 1406 | - | 43.29 (5) not be employed by the office or any state agency with regulatory authority under | |
| 1407 | - | 43.30this chapter or the rules adopted pursuant to this chapter; | |
| 1408 | - | 43.31 (6) not be a licensed peace officer, as defined in section 626.84, subdivision 1, paragraph | |
| 1409 | - | 43.32(c); | |
| 1410 | - | 43Article 1 Sec. 16. | |
| 1411 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 44.1 (7) never have had a license previously issued under this chapter revoked; | |
| 1412 | - | 44.2 (8) have filed any previously required tax returns for a cannabis business; | |
| 1413 | - | 44.3 (9) have paid and remitted any business taxes, gross receipts taxes, interest, or penalties | |
| 1414 | - | 44.4due relating to the operation of a cannabis business; | |
| 1415 | - | 44.5 (10) have fully and truthfully complied with all information requests of the office relating | |
| 1416 | - | 44.6to license application and renewal; | |
| 1417 | - | 44.7 (11) not be disqualified under section 342.15; | |
| 1418 | - | 44.8 (12) not employ an individual who is disqualified from working for a cannabis business | |
| 1419 | - | 44.9under this chapter; and | |
| 1420 | - | 44.10 (13) meet the ownership and operational requirements for the type of license and, if | |
| 1421 | - | 44.11applicable, endorsement sought or held. | |
| 1422 | - | 44.12 (b) A health care practitioner who certifies qualifying medical conditions for patients is | |
| 1423 | - | 44.13prohibited from: | |
| 1424 | - | 44.14 (1) holding a direct or indirect economic interest in a cannabis business; | |
| 1425 | - | 44.15 (2) serving as a cooperative member, director, manager, general partner, or employee | |
| 1426 | - | 44.16of a cannabis business; or | |
| 1427 | - | 44.17 (3) advertising with a cannabis business in any way. | |
| 1428 | - | 44.18 (c) If the license holder or applicant is a business entity, every officer, director, manager, | |
| 1429 | - | 44.19and general partner of the business entity must meet each of the requirements of this section. | |
| 1430 | - | 44.20 (d) The ownership disqualifications and requirements under this section do not apply to | |
| 1431 | - | 44.21a hemp business license holder or applicant. | |
| 1432 | - | 44.22Sec. 17. [342.17] SOCIAL EQUITY APPLICANTS. | |
| 1433 | - | 44.23 (a) An applicant qualifies as a social equity applicant if the applicant: | |
| 1434 | - | 44.24 (1) was convicted of an offense involving the possession or sale of cannabis or marijuana | |
| 1435 | - | 44.25prior to May 1, 2023; | |
| 1436 | - | 44.26 (2) had a parent, guardian, child, spouse, or dependent who was convicted of an offense | |
| 1437 | - | 44.27involving the possession or sale of cannabis or marijuana prior to May 1, 2023; | |
| 1438 | - | 44.28 (3) was a dependent of an individual who was convicted of an offense involving the | |
| 1439 | - | 44.29possession or sale of cannabis or marijuana prior to May 1, 2023; | |
| 1440 | - | 44Article 1 Sec. 17. | |
| 1441 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 45.1 (4) is a service-disabled veteran, current or former member of the national guard, or any | |
| 1442 | - | 45.2military veteran or current or former member of the national guard who lost honorable status | |
| 1443 | - | 45.3due to an offense involving the possession or sale of marijuana; | |
| 1444 | - | 45.4 (5) has been a resident for the last five years of one or more subareas, such as census | |
| 1445 | - | 45.5tracts or neighborhoods, that experienced a disproportionately large amount of cannabis | |
| 1446 | - | 45.6enforcement as determined by the study conducted by the office pursuant to section 342.04, | |
| 1447 | - | 45.7paragraph (b), and reported in the preliminary report, final report, or both; | |
| 1448 | - | 45.8 (6) is an emerging farmer as defined in section 17.055, subdivision 1; or | |
| 1449 | - | 45.9 (7) has been a resident for the last five years of one or more census tracts where, as | |
| 1450 | - | 45.10reported in the most recently completed decennial census published by the United States | |
| 1451 | - | 45.11Bureau of the Census, either: | |
| 1452 | - | 45.12 (i) the poverty rate was 20 percent or more; or | |
| 1453 | - | 45.13 (ii) the median family income did not exceed 80 percent of statewide median family | |
| 1454 | - | 45.14income or, if in a metropolitan area, did not exceed the greater of 80 percent of the statewide | |
| 1455 | - | 45.15median family income or 80 percent of the median family income for that metropolitan | |
| 1456 | - | 45.16area. | |
| 1457 | - | 45.17 (b) The qualifications described in paragraph (a) apply to each individual applicant or, | |
| 1458 | - | 45.18in the case of a business entity, every cooperative member or director, manager, and general | |
| 1459 | - | 45.19partner of the business entity. | |
| 1460 | - | 45.20Sec. 18. [342.18] LICENSE SELECTION CRITERIA. | |
| 1461 | - | 45.21 Subdivision 1.Market stability.The office shall issue the necessary number of licenses | |
| 1462 | - | 45.22in order to ensure the sufficient supply of cannabis flower and cannabis products to meet | |
| 1463 | - | 45.23demand, provide market stability, ensure a competitive market, and limit the sale of | |
| 1464 | - | 45.24unregulated cannabis flower and cannabis products. | |
| 1465 | - | 45.25 Subd. 2.Vertical integration prohibited; exceptions.(a) Except as otherwise provided | |
| 1466 | - | 45.26in this subdivision, the office shall not issue licenses to a single applicant that would result | |
| 1467 | - | 45.27in the applicant being vertically integrated in violation of the provisions of this chapter. | |
| 1468 | - | 45.28 (b) Nothing in this section prohibits or limits the issuance of microbusiness licenses or | |
| 1469 | - | 45.29mezzobusiness licenses, or the issuance of both lower-potency hemp edible manufacturer | |
| 1470 | - | 45.30and lower-potency hemp edible retailer licenses to the same person or entity. | |
| 1471 | - | 45.31 Subd. 3.Application score; license priority.(a) The office shall award points to each | |
| 1472 | - | 45.32completed application for a license to operate a cannabis business in the following categories: | |
| 1473 | - | 45Article 1 Sec. 18. | |
| 1474 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 46.1 (1) status as a social equity applicant or as an applicant who is substantially similar to | |
| 1475 | - | 46.2a social equity applicant as described in paragraph (c); | |
| 1476 | - | 46.3 (2) status as a veteran or retired national guard applicant who does not meet the definition | |
| 1477 | - | 46.4of social equity applicant; | |
| 1478 | - | 46.5 (3) security and record keeping; | |
| 1479 | - | 46.6 (4) employee training plan; | |
| 1480 | - | 46.7 (5) business plan and financial situation; | |
| 1481 | - | 46.8 (6) labor and employment practices; | |
| 1482 | - | 46.9 (7) knowledge and experience; and | |
| 1483 | - | 46.10 (8) environmental plan. | |
| 1484 | - | 46.11 (b) The office may award additional points to an application if the license holder would | |
| 1485 | - | 46.12expand service to an underrepresented market, including but not limited to participation in | |
| 1486 | - | 46.13the medical cannabis program. | |
| 1487 | - | 46.14 (c) The office shall establish application materials permitting individual applicants to | |
| 1488 | - | 46.15demonstrate the impact that cannabis prohibition has had on that applicant, including but | |
| 1489 | - | 46.16not limited to the arrest or imprisonment of the applicant or a member of the applicant's | |
| 1490 | - | 46.17immediate family, and the office may award points to such applicants in the same manner | |
| 1491 | - | 46.18as points are awarded to social equity applicants. | |
| 1492 | - | 46.19 (d) The office shall establish policies and guidelines, which must be made available to | |
| 1493 | - | 46.20the public, regarding the number of points available in each category and the basis for | |
| 1494 | - | 46.21awarding those points. Status as a social equity applicant must account for at least 20 percent | |
| 1495 | - | 46.22of the total available points. In determining the number of points to award to a cooperative | |
| 1496 | - | 46.23or business applying as a social equity applicant, the office shall consider the number or | |
| 1497 | - | 46.24ownership percentage of cooperative members, officers, directors, managers, and general | |
| 1498 | - | 46.25partners who qualify as social equity applicants. | |
| 1499 | - | 46.26 (e) Consistent with the goals identified in subdivision 1, the office shall issue licenses | |
| 1500 | - | 46.27in each license category, giving priority to applicants who receive the highest score under | |
| 1501 | - | 46.28paragraphs (a) and (b). If there are insufficient licenses available for entities that receive | |
| 1502 | - | 46.29identical scores, the office shall utilize a lottery to randomly select license recipients from | |
| 1503 | - | 46.30among those entities. | |
| 1504 | - | 46Article 1 Sec. 18. | |
| 1505 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 47.1 Sec. 19. [342.19] INSPECTION; LICENSE VIOLATIONS; PENALTIES. | |
| 1506 | - | 47.2 Subdivision 1.Authority to inspect.(a) In order to carry out the purposes of this chapter, | |
| 1507 | - | 47.3the office, upon presenting appropriate credentials to the owner, operator, or agent in charge, | |
| 1508 | - | 47.4is authorized to: | |
| 1509 | - | 47.5 (1) enter any cannabis business or hemp business without delay and at reasonable times; | |
| 1510 | - | 47.6 (2) inspect and investigate during regular working hours and at other reasonable times, | |
| 1511 | - | 47.7within reasonable limits and in a reasonable manner, any cannabis business or hemp business | |
| 1512 | - | 47.8and all relevant conditions, equipment, records, and materials therein; and | |
| 1513 | - | 47.9 (3) question privately any employer, owner, operator, agent, or employee of a cannabis | |
| 1514 | - | 47.10business or hemp business. | |
| 1515 | - | 47.11 (b) An employer, owner, operator, agent, or employee must not refuse the office entry | |
| 1516 | - | 47.12or otherwise deter or prohibit the office from taking action under paragraph (a). | |
| 1517 | - | 47.13 Subd. 2.Powers of office.(a) In making inspections and investigations under this chapter, | |
| 1518 | - | 47.14the office shall have the power to administer oaths, certify as to official acts, take and cause | |
| 1519 | - | 47.15to be taken depositions of witnesses, issue subpoenas, and compel the attendance of witnesses | |
| 1520 | - | 47.16and production of papers, books, documents, records, and testimony. In case of failure of | |
| 1521 | - | 47.17any person to comply with any subpoena lawfully issued, or on the refusal of any witness | |
| 1522 | - | 47.18to produce evidence or to testify to any matter regarding which the person may be lawfully | |
| 1523 | - | 47.19interrogated, the district court shall, upon application of the office, compel obedience | |
| 1524 | - | 47.20proceedings for contempt, as in the case of disobedience of the requirements of a subpoena | |
| 1525 | - | 47.21issued by the court or a refusal to testify therein. | |
| 1526 | - | 47.22 (b) If the office finds probable cause to believe that any cannabis plant, cannabis flower, | |
| 1527 | - | 47.23cannabis product, artificially derived cannabinoid, lower-potency hemp edible, or | |
| 1528 | - | 47.24hemp-derived consumer product is being distributed in violation of this chapter or rules | |
| 1529 | - | 47.25adopted under this chapter, the office shall affix to the item a tag, withdrawal from | |
| 1530 | - | 47.26distribution order, or other appropriate marking providing notice that the cannabis plant, | |
| 1531 | - | 47.27cannabis flower, cannabis product, artificially derived cannabinoid, lower-potency hemp | |
| 1532 | - | 47.28edible, or hemp-derived consumer product is, or is suspected of being, distributed in violation | |
| 1533 | - | 47.29of this chapter, and has been detained or embargoed, and warning all persons not to remove | |
| 1534 | - | 47.30or dispose of the item by sale or otherwise until permission for removal or disposal is given | |
| 1535 | - | 47.31by the office or the court. It is unlawful for a person to remove or dispose of detained or | |
| 1536 | - | 47.32embargoed cannabis plant, cannabis flower, cannabis product, artificially derived | |
| 1537 | - | 47.33cannabinoid, lower-potency hemp edible, or hemp-derived consumer product by sale or | |
| 1310 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 41.1 (e) An application on behalf of a corporation or association shall be signed by at least | |
| 1311 | + | 41.2two officers or managing agents of that entity. | |
| 1312 | + | 41.3 (f) The office may, by rule, establish exceptions to the disclosures required under | |
| 1313 | + | 41.4paragraph (b) for members of a cooperative who hold less than a five percent ownership | |
| 1314 | + | 41.5interest in the cooperative. | |
| 1315 | + | 41.6 Subd. 2.Application; process.(a) An applicant must submit all required information | |
| 1316 | + | 41.7to the office on the forms and in the manner prescribed by the office. | |
| 1317 | + | 41.8 (b) If the office receives an application that fails to provide the required information, | |
| 1318 | + | 41.9the office shall issue a deficiency notice to the applicant. The applicant shall have ten | |
| 1319 | + | 41.10business days from the date of the deficiency notice to submit the required information. | |
| 1320 | + | 41.11 (c) Failure by an applicant to submit all required information will result in the application | |
| 1321 | + | 41.12being rejected. | |
| 1322 | + | 41.13 (d) Upon receipt of a completed application and fee, the office shall forward a copy of | |
| 1323 | + | 41.14the application to the local unit of government in which the business operates or intends to | |
| 1324 | + | 41.15operate with a form for certification as to whether a proposed cannabis business or hemp | |
| 1325 | + | 41.16business complies with local zoning ordinances and, if applicable, whether the proposed | |
| 1326 | + | 41.17business complies with the state fire code and building code. | |
| 1327 | + | 41.18 (e) Within 90 days of receiving a completed application and the results of any required | |
| 1328 | + | 41.19criminal history check, the office shall issue the appropriate license or send the applicant a | |
| 1329 | + | 41.20notice of rejection setting forth specific reasons that the office did not approve the application. | |
| 1330 | + | 41.21Sec. 15. [342.15] ADULT-USE CANNABIS BUSINESS; CRIMINAL HISTORY | |
| 1331 | + | 41.22CHECK AND DISQUALIFICATIONS. | |
| 1332 | + | 41.23 Subdivision 1.Criminal history check.(a) Upon request by the office, every applicant | |
| 1333 | + | 41.24for a cannabis business license and prospective cannabis worker must submit a completed | |
| 1334 | + | 41.25criminal history records check consent form, a full set of classifiable fingerprints, and the | |
| 1335 | + | 41.26required fees to the office. Upon receipt of this information, the office must submit the | |
| 1336 | + | 41.27completed criminal history records check consent form, full set of classifiable fingerprints, | |
| 1337 | + | 41.28and required fees to the Bureau of Criminal Apprehension. After receiving this information, | |
| 1338 | + | 41.29the bureau must conduct a Minnesota criminal history records check of the license applicant | |
| 1339 | + | 41.30or prospective cannabis worker. The bureau may exchange a license applicant's or prospective | |
| 1340 | + | 41.31cannabis worker's fingerprints with the Federal Bureau of Investigation to obtain the license | |
| 1341 | + | 41.32applicant's or prospective cannabis worker's national criminal history record information. | |
| 1342 | + | 41.33The bureau must return the results of the Minnesota and federal criminal history records | |
| 1343 | + | 41Article 1 Sec. 15. | |
| 1344 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 42.1checks to the director to determine if the license applicant or prospective cannabis worker | |
| 1345 | + | 42.2is disqualified under rules adopted pursuant to this section. | |
| 1346 | + | 42.3 (b) The office may, by rule, establish exceptions to the requirement under paragraph (a) | |
| 1347 | + | 42.4for members of a cooperative who hold less than a five percent ownership interest in the | |
| 1348 | + | 42.5cooperative. | |
| 1349 | + | 42.6 Subd. 2.Criminal offenses; disqualifications.The office may by rule determine whether | |
| 1350 | + | 42.7any felony convictions shall disqualify a person from holding or receiving a cannabis | |
| 1351 | + | 42.8business license issued under this chapter or working for a cannabis business, and the length | |
| 1352 | + | 42.9of any such disqualification. In adopting rules pursuant to this subdivision, the office shall | |
| 1353 | + | 42.10not disqualify a person for a violation of section 152.025. | |
| 1354 | + | 42.11 Subd. 3.Risk of harm; set aside.The office may set aside a disqualification under | |
| 1355 | + | 42.12subdivision 2 if the office finds that the person has submitted sufficient information to | |
| 1356 | + | 42.13demonstrate that the person does not pose a risk of harm to any person served by the | |
| 1357 | + | 42.14applicant, license holder, or other entities as provided in this chapter. | |
| 1358 | + | 42.15 Subd. 4.Exception.The background check requirements and disqualifications under | |
| 1359 | + | 42.16this section do not apply to an applicant for a hemp business license or to hemp workers. | |
| 1360 | + | 42.17Sec. 16. [342.16] CANNABIS BUSINESSES; GENERAL OWNERSHIP | |
| 1361 | + | 42.18DISQUALIFICATIONS AND REQUIREMENTS. | |
| 1362 | + | 42.19 (a) A license holder or applicant must meet each of the following requirements, if | |
| 1363 | + | 42.20applicable, to hold or receive a cannabis license issued under this chapter: | |
| 1364 | + | 42.21 (1) be at least 21 years of age; | |
| 1365 | + | 42.22 (2) have completed an application for licensure or application for renewal; | |
| 1366 | + | 42.23 (3) have paid the applicable application fee and license fee; | |
| 1367 | + | 42.24 (4) reside in the state; | |
| 1368 | + | 42.25 (5) if the applicant or license holder is a business entity, be incorporated in the state or | |
| 1369 | + | 42.26otherwise formed or organized under the laws of the state; | |
| 1370 | + | 42.27 (6) if the applicant or license holder is a business entity, at least 75 percent of the business | |
| 1371 | + | 42.28must be owned by Minnesota residents; | |
| 1372 | + | 42.29 (7) not be employed by the office or any state agency with regulatory authority under | |
| 1373 | + | 42.30this chapter or the rules adopted pursuant to this chapter; | |
| 1374 | + | 42Article 1 Sec. 16. | |
| 1375 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 43.1 (8) not be a licensed peace officer, as defined in section 626.84, subdivision 1, paragraph | |
| 1376 | + | 43.2(c); | |
| 1377 | + | 43.3 (9) never have had a license previously issued under this chapter revoked; | |
| 1378 | + | 43.4 (10) have filed any previously required tax returns for a cannabis business; | |
| 1379 | + | 43.5 (11) have paid and remitted any business taxes, gross receipts taxes, interest, or penalties | |
| 1380 | + | 43.6due relating to the operation of a cannabis business; | |
| 1381 | + | 43.7 (12) have fully and truthfully complied with all information requests of the office relating | |
| 1382 | + | 43.8to license application and renewal; | |
| 1383 | + | 43.9 (13) not be disqualified under section 342.15; | |
| 1384 | + | 43.10 (14) not employ an individual who is disqualified from working for a cannabis business | |
| 1385 | + | 43.11under this chapter; and | |
| 1386 | + | 43.12 (15) meet the ownership and operational requirements for the type of license and, if | |
| 1387 | + | 43.13applicable, endorsement sought or held. | |
| 1388 | + | 43.14 (b) A health care practitioner who certifies qualifying medical conditions for patients is | |
| 1389 | + | 43.15prohibited from: | |
| 1390 | + | 43.16 (1) holding a direct or indirect economic interest in a cannabis business; | |
| 1391 | + | 43.17 (2) serving as a cooperative member, director, manager, general partner, or employee | |
| 1392 | + | 43.18of a cannabis business; or | |
| 1393 | + | 43.19 (3) advertising with a cannabis business in any way. | |
| 1394 | + | 43.20 (c) If the license holder or applicant is a business entity, every officer, director, manager, | |
| 1395 | + | 43.21and general partner of the business entity must meet each of the requirements of this section. | |
| 1396 | + | 43.22 (d) The ownership disqualifications and requirements under this section do not apply to | |
| 1397 | + | 43.23a hemp business license holder or applicant. | |
| 1398 | + | 43.24Sec. 17. [342.17] SOCIAL EQUITY APPLICANTS. | |
| 1399 | + | 43.25 An individual qualifies as a social equity applicant if the individual is: | |
| 1400 | + | 43.26 (1) convicted of a cannabis-related offense prior to the effective date of this chapter, or | |
| 1401 | + | 43.27had a parent, guardian, child, spouse, or dependent, or was a dependent of an individual | |
| 1402 | + | 43.28who, prior to the effective date of this chapter, was convicted of a cannabis-related offense; | |
| 1403 | + | 43.29 (2) a service-disabled veteran and national guard as well as any military veteran or | |
| 1404 | + | 43.30national guard who lost honorable status due to a cannabis-related offense; | |
| 1405 | + | 43Article 1 Sec. 17. | |
| 1406 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 44.1 (3) a resident for the last five years of one or more communities disproportionately | |
| 1407 | + | 44.2impacted by cannabis enforcement as determined by the study conducted by the office | |
| 1408 | + | 44.3pursuant to section 342.04, paragraph (b), and reported in the preliminary report, final report, | |
| 1409 | + | 44.4or both; | |
| 1410 | + | 44.5 (4) socially disadvantaged farmers or ranchers as defined by United States Code, title | |
| 1411 | + | 44.67, section 2003(e)(2); or | |
| 1412 | + | 44.7 (5) a resident for the last five years of one or more census tracts where, as reported in | |
| 1413 | + | 44.8the most recently completed decennial census published by the United States Bureau of the | |
| 1414 | + | 44.9Census, either: | |
| 1415 | + | 44.10 (i) the poverty rate was 20 percent or more; or | |
| 1416 | + | 44.11 (ii) the median family income did not exceed 80 percent of statewide median family | |
| 1417 | + | 44.12income or, if in a metropolitan area, did not exceed the greater of 80 percent of the statewide | |
| 1418 | + | 44.13median family income or 80 percent of the median family income for that metropolitan | |
| 1419 | + | 44.14area. | |
| 1420 | + | 44.15Sec. 18. [342.18] LICENSE SELECTION CRITERIA. | |
| 1421 | + | 44.16 Subdivision 1.Market stability.The office shall issue the necessary number of licenses | |
| 1422 | + | 44.17in order to ensure the sufficient supply of cannabis flower and cannabis products to meet | |
| 1423 | + | 44.18demand, provide market stability, ensure a competitive market, and limit the sale of | |
| 1424 | + | 44.19unregulated cannabis flower and cannabis products. | |
| 1425 | + | 44.20 Subd. 2.Vertical integration prohibited; exceptions.(a) Except as otherwise provided | |
| 1426 | + | 44.21in this subdivision, the office shall not issue licenses to a single applicant that would result | |
| 1427 | + | 44.22in the applicant being vertically integrated in violation of the provisions of this chapter. | |
| 1428 | + | 44.23 (b) Nothing in this section prohibits or limits the issuance of microbusiness licenses or | |
| 1429 | + | 44.24mezzobusiness licenses, or the issuance of both lower-potency hemp edible manufacturer | |
| 1430 | + | 44.25and lower-potency hemp edible retailer licenses to the same person or entity. | |
| 1431 | + | 44.26 Subd. 3.Application score; license priority.(a) The office shall award points to each | |
| 1432 | + | 44.27completed application for a license to operate a cannabis business in the following categories: | |
| 1433 | + | 44.28 (1) status as a social equity applicant or as an applicant who is substantially similar to | |
| 1434 | + | 44.29a social equity applicant as described in paragraph (c); | |
| 1435 | + | 44.30 (2) status as a veteran or retired national guard applicant who does not meet the definition | |
| 1436 | + | 44.31of social equity applicant; | |
| 1437 | + | 44.32 (3) security and record keeping; | |
| 1438 | + | 44Article 1 Sec. 18. | |
| 1439 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 45.1 (4) employee training plan; | |
| 1440 | + | 45.2 (5) business plan and financial situation; | |
| 1441 | + | 45.3 (6) labor and employment practices; | |
| 1442 | + | 45.4 (7) knowledge and experience; and | |
| 1443 | + | 45.5 (8) environmental plan. | |
| 1444 | + | 45.6 (b) The office may award additional points to an application if the license holder would | |
| 1445 | + | 45.7expand service to an underrepresented market including but not limited to participation in | |
| 1446 | + | 45.8the medical cannabis program. | |
| 1447 | + | 45.9 (c) The office shall establish application materials permitting individual applicants to | |
| 1448 | + | 45.10demonstrate the impact that cannabis prohibition has had on that applicant including but | |
| 1449 | + | 45.11not limited to the arrest or imprisonment of the applicant or a member of the applicant's | |
| 1450 | + | 45.12immediate family, and the office may award points to such applicants in the same manner | |
| 1451 | + | 45.13as points are awarded to social equity applicants. | |
| 1452 | + | 45.14 (d) The office shall establish policies and guidelines, which shall be made available to | |
| 1453 | + | 45.15the public, regarding the number of points available in each category and the basis for | |
| 1454 | + | 45.16awarding those points. Status as a social equity applicant must account for at least 20 percent | |
| 1455 | + | 45.17of the total available points. In determining the number of points to award to a cooperative | |
| 1456 | + | 45.18or business applying as a social equity applicant, the office shall consider the number or | |
| 1457 | + | 45.19ownership percentage of cooperative members, officers, directors, managers, and general | |
| 1458 | + | 45.20partners who qualify as social equity applicants. | |
| 1459 | + | 45.21 (e) Consistent with the goals identified in subdivision 1, the office shall issue licenses | |
| 1460 | + | 45.22in each license category, giving priority to applicants who receive the highest score under | |
| 1461 | + | 45.23paragraphs (a) and (b). If there are insufficient licenses available for entities that receive | |
| 1462 | + | 45.24identical scores, the office shall utilize a lottery to randomly select license recipients from | |
| 1463 | + | 45.25among those entities. | |
| 1464 | + | 45.26Sec. 19. [342.19] INSPECTION; LICENSE VIOLATIONS; PENALTIES. | |
| 1465 | + | 45.27 Subdivision 1.Authority to inspect.(a) In order to carry out the purposes of this chapter, | |
| 1466 | + | 45.28the office, upon presenting appropriate credentials to the owner, operator, or agent in charge, | |
| 1467 | + | 45.29is authorized to: | |
| 1468 | + | 45.30 (1) enter any cannabis business or hemp business without delay and at reasonable times; | |
| 1469 | + | 45Article 1 Sec. 19. | |
| 1470 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 46.1 (2) inspect and investigate during regular working hours and at other reasonable times, | |
| 1471 | + | 46.2within reasonable limits and in a reasonable manner, any cannabis business or hemp business | |
| 1472 | + | 46.3and all relevant conditions, equipment, records, and materials therein; and | |
| 1473 | + | 46.4 (3) question privately any employer, owner, operator, agent, or employee of a cannabis | |
| 1474 | + | 46.5business or hemp business. | |
| 1475 | + | 46.6 (b) An employer, owner, operator, agent, or employee must not refuse the office entry | |
| 1476 | + | 46.7or otherwise deter or prohibit the office from taking action under paragraph (a). | |
| 1477 | + | 46.8 Subd. 2.Powers of office.(a) In making inspections and investigations under this chapter, | |
| 1478 | + | 46.9the office shall have the power to administer oaths, certify as to official acts, take and cause | |
| 1479 | + | 46.10to be taken depositions of witnesses, issue subpoenas, and compel the attendance of witnesses | |
| 1480 | + | 46.11and production of papers, books, documents, records, and testimony. In case of failure of | |
| 1481 | + | 46.12any person to comply with any subpoena lawfully issued, or on the refusal of any witness | |
| 1482 | + | 46.13to produce evidence or to testify to any matter regarding which the person may be lawfully | |
| 1483 | + | 46.14interrogated, the district court shall, upon application of the office, compel obedience | |
| 1484 | + | 46.15proceedings for contempt, as in the case of disobedience of the requirements of a subpoena | |
| 1485 | + | 46.16issued by the court or a refusal to testify therein. | |
| 1486 | + | 46.17 (b) If the office finds probable cause to believe that any cannabis plant, cannabis flower, | |
| 1487 | + | 46.18cannabis product, artificially derived cannabinoid, lower-potency hemp edible, or | |
| 1488 | + | 46.19hemp-derived consumer product is being distributed in violation of this chapter or rules | |
| 1489 | + | 46.20adopted under this chapter, the office shall affix to the item a tag, withdrawal from | |
| 1490 | + | 46.21distribution order, or other appropriate marking providing notice that the cannabis plant, | |
| 1491 | + | 46.22cannabis flower, cannabis product, artificially derived cannabinoid, lower-potency hemp | |
| 1492 | + | 46.23edible, or hemp-derived consumer product is, or is suspected of being, distributed in violation | |
| 1493 | + | 46.24of this chapter, and has been detained or embargoed, and warning all persons not to remove | |
| 1494 | + | 46.25or dispose of the item by sale or otherwise until permission for removal or disposal is given | |
| 1495 | + | 46.26by the office or the court. It is unlawful for a person to remove or dispose of detained or | |
| 1496 | + | 46.27embargoed cannabis plant, cannabis flower, cannabis product, artificially derived | |
| 1497 | + | 46.28cannabinoid, lower-potency hemp edible, or hemp-derived consumer product by sale or | |
| 1498 | + | 46.29otherwise without the office's or a court's permission and each transaction is a separate | |
| 1499 | + | 46.30violation of this section. | |
| 1500 | + | 46.31 (c) If any cannabis plant, cannabis flower, cannabis product, artificially derived | |
| 1501 | + | 46.32cannabinoid, lower-potency hemp edible, or hemp-derived consumer product has been | |
| 1502 | + | 46.33found by the office to be in violation of this chapter, the office shall petition the district | |
| 1503 | + | 46.34court in the county in which the item is detained or embargoed for an order and decree for | |
| 1504 | + | 46Article 1 Sec. 19. | |
| 1505 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 47.1the condemnation of the item. The office shall release the cannabis plant, cannabis flower, | |
| 1506 | + | 47.2cannabis product, artificially derived cannabinoid, lower-potency hemp edible, or | |
| 1507 | + | 47.3hemp-derived consumer product when this chapter and rules adopted under this chapter | |
| 1508 | + | 47.4have been complied with or the item is found not to be in violation of this chapter or rules | |
| 1509 | + | 47.5adopted under this chapter. | |
| 1510 | + | 47.6 (d) If the court finds that detained or embargoed cannabis plant, cannabis flower, cannabis | |
| 1511 | + | 47.7product, artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived | |
| 1512 | + | 47.8consumer product is in violation of this chapter or rules adopted under this chapter, the | |
| 1513 | + | 47.9following remedies are available: | |
| 1514 | + | 47.10 (1) after entering a decree, the cannabis plant, cannabis flower, cannabis product, | |
| 1515 | + | 47.11artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer | |
| 1516 | + | 47.12product may be destroyed at the expense of the claimant under the supervision of the office, | |
| 1517 | + | 47.13and all court costs, fees, storage, and other proper expenses must be assessed against the | |
| 1518 | + | 47.14claimant of the cannabis plant, cannabis flower, cannabis product, artificially derived | |
| 1519 | + | 47.15cannabinoid, lower-potency hemp edible, or hemp-derived consumer product or the claimant's | |
| 1520 | + | 47.16agent; and | |
| 1521 | + | 47.17 (2) if the violation can be corrected by proper labeling or processing of the cannabis | |
| 1522 | + | 47.18plant, cannabis flower, cannabis product, artificially derived cannabinoid, lower-potency | |
| 1523 | + | 47.19hemp edible, or hemp-derived consumer product, the court, after entry of the decree and | |
| 1524 | + | 47.20after costs, fees, and expenses have been paid, and a good and sufficient bond conditioned | |
| 1525 | + | 47.21that the cannabis plant, cannabis flower, cannabis product, artificially derived cannabinoid, | |
| 1526 | + | 47.22lower-potency hemp edible, or hemp-derived consumer product must be properly labeled | |
| 1527 | + | 47.23or processed has been executed, may by order direct that the cannabis plant, cannabis flower, | |
| 1528 | + | 47.24cannabis product, artificially derived cannabinoid, lower-potency hemp edible, or | |
| 1529 | + | 47.25hemp-derived consumer product be delivered to the claimant for proper labeling or processing | |
| 1530 | + | 47.26under the supervision of the office. The office's supervision expenses must be paid by the | |
| 1531 | + | 47.27claimant. The cannabis plant, cannabis flower, cannabis product, artificially derived | |
| 1532 | + | 47.28cannabinoid, lower-potency hemp edible, or hemp-derived consumer product must be | |
| 1533 | + | 47.29returned to the claimant and the bond must be discharged on representation to the court by | |
| 1534 | + | 47.30the office that the cannabis plant, cannabis flower, cannabis product, artificially derived | |
| 1535 | + | 47.31cannabinoid, lower-potency hemp edible, or hemp-derived consumer product is no longer | |
| 1536 | + | 47.32in violation and that the office's supervision expenses have been paid. | |
| 1537 | + | 47.33 (e) If the office finds in any room, building, piece of equipment, vehicle of transportation, | |
| 1538 | + | 47.34or other structure any cannabis plant, cannabis flower, cannabis product, artificially derived | |
| 1539 | + | 47.35cannabinoid, lower-potency hemp edible, or hemp-derived consumer product that is unsound | |
| 1538 | 1540 | 47Article 1 Sec. 19. | |
| 1539 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 48.1otherwise without the office's or a court's permission and each transaction is a separate | |
| 1540 | - | 48.2violation of this section. | |
| 1541 | - | 48.3 (c) If any cannabis plant, cannabis flower, cannabis product, artificially derived | |
| 1542 | - | 48.4cannabinoid, lower-potency hemp edible, or hemp-derived consumer product has been | |
| 1543 | - | 48.5found by the office to be in violation of this chapter, the office shall petition the district | |
| 1544 | - | 48.6court in the county in which the item is detained or embargoed for an order and decree for | |
| 1545 | - | 48.7the condemnation of the item. The office shall release the cannabis plant, cannabis flower, | |
| 1546 | - | 48.8cannabis product, artificially derived cannabinoid, lower-potency hemp edible, or | |
| 1547 | - | 48.9hemp-derived consumer product when this chapter and rules adopted under this chapter | |
| 1548 | - | 48.10have been complied with or the item is found not to be in violation of this chapter or rules | |
| 1549 | - | 48.11adopted under this chapter. | |
| 1550 | - | 48.12 (d) If the court finds that the detained or embargoed cannabis plant, cannabis flower, | |
| 1551 | - | 48.13cannabis product, artificially derived cannabinoid, lower-potency hemp edible, or | |
| 1552 | - | 48.14hemp-derived consumer product is in violation of this chapter or rules adopted under this | |
| 1553 | - | 48.15chapter, the following remedies are available: | |
| 1554 | - | 48.16 (1) after entering a decree, the cannabis plant, cannabis flower, cannabis product, | |
| 1555 | - | 48.17artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer | |
| 1556 | - | 48.18product may be destroyed at the expense of the claimant under the supervision of the office, | |
| 1557 | - | 48.19and all court costs, fees, storage, and other proper expenses must be assessed against the | |
| 1558 | - | 48.20claimant of the cannabis plant, cannabis flower, cannabis product, artificially derived | |
| 1559 | - | 48.21cannabinoid, lower-potency hemp edible, or hemp-derived consumer product or the claimant's | |
| 1560 | - | 48.22agent; and | |
| 1561 | - | 48.23 (2) if the violation can be corrected by proper labeling or processing of the cannabis | |
| 1562 | - | 48.24plant, cannabis flower, cannabis product, artificially derived cannabinoid, lower-potency | |
| 1563 | - | 48.25hemp edible, or hemp-derived consumer product, the court, after entry of the decree and | |
| 1564 | - | 48.26after costs, fees, and expenses have been paid, and a good and sufficient bond conditioned | |
| 1565 | - | 48.27that the cannabis plant, cannabis flower, cannabis product, artificially derived cannabinoid, | |
| 1566 | - | 48.28lower-potency hemp edible, or hemp-derived consumer product must be properly labeled | |
| 1567 | - | 48.29or processed has been executed, may by order direct that the cannabis plant, cannabis flower, | |
| 1568 | - | 48.30cannabis product, artificially derived cannabinoid, lower-potency hemp edible, or | |
| 1569 | - | 48.31hemp-derived consumer product be delivered to the claimant for proper labeling or processing | |
| 1570 | - | 48.32under the supervision of the office. The office's supervision expenses must be paid by the | |
| 1571 | - | 48.33claimant. The cannabis plant, cannabis flower, cannabis product, artificially derived | |
| 1572 | - | 48.34cannabinoid, lower-potency hemp edible, or hemp-derived consumer product must be | |
| 1573 | - | 48.35returned to the claimant and the bond must be discharged on representation to the court by | |
| 1541 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 48.1or contains any filthy, decomposed, or putrid substance, or that may be poisonous or | |
| 1542 | + | 48.2deleterious to health or otherwise unsafe, the office shall condemn or destroy the item or | |
| 1543 | + | 48.3in any other manner render the item as unsalable, and no one has any cause of action against | |
| 1544 | + | 48.4the office on account of the office's action. | |
| 1545 | + | 48.5 (f) The office may enter into an agreement with the commissioner of agriculture to | |
| 1546 | + | 48.6analyze and examine samples or other articles furnished by the office for the purpose of | |
| 1547 | + | 48.7determining whether the sample or article violates this chapter or rules adopted under this | |
| 1548 | + | 48.8chapter. A copy of the examination or analysis report for any such article, duly authenticated | |
| 1549 | + | 48.9under oath by the laboratory analyst making the determination or examination, shall be | |
| 1550 | + | 48.10prima facie evidence in all courts of the matters and facts contained in the report. | |
| 1551 | + | 48.11 Subd. 3.Aiding of inspection.Subject to rules issued by the office, a representative of | |
| 1552 | + | 48.12a cannabis business or hemp business shall be given an opportunity to accompany the office | |
| 1553 | + | 48.13during the physical inspection of any cannabis business or hemp business for the purpose | |
| 1554 | + | 48.14of aiding such inspection. | |
| 1555 | + | 48.15 Subd. 4.Complaints and reports; priority of inspection.(a) The office may conduct | |
| 1556 | + | 48.16inspections of any licensed cannabis business or hemp business at any time to ensure | |
| 1557 | + | 48.17compliance with the ownership and operation requirements of this chapter. | |
| 1558 | + | 48.18 (b) Any person may report a suspected violation of a safety or health standard. If upon | |
| 1559 | + | 48.19receipt of such notification the office determines that there are reasonable grounds to believe | |
| 1560 | + | 48.20that such violation or danger exists, the office shall make a special inspection as soon as | |
| 1561 | + | 48.21practicable to determine if such danger or violation exists. | |
| 1562 | + | 48.22 (c) The office shall prioritize inspections of cannabis businesses and hemp businesses | |
| 1563 | + | 48.23where there are reasonable grounds to believe that a violation poses imminent danger to the | |
| 1564 | + | 48.24public or customers. Inspections must take place within 24 hours of the receipt of a credible | |
| 1565 | + | 48.25report. | |
| 1566 | + | 48.26 (d) The office shall promptly inspect cannabis businesses and hemp businesses that are | |
| 1567 | + | 48.27the subject of complaint by a local unit of government. | |
| 1568 | + | 48.28 Subd. 5.Violations; administrative orders and penalties.(a) The office may issue an | |
| 1569 | + | 48.29administrative order to any licensed cannabis business or hemp business that the office | |
| 1570 | + | 48.30determines has committed a violation of this chapter or rules adopted pursuant to this chapter. | |
| 1571 | + | 48.31The administrative order may require the business to correct the violation or to cease and | |
| 1572 | + | 48.32desist from committing the violation. The order must state the deficiencies that constitute | |
| 1573 | + | 48.33the violation and the time by which the violation must be corrected. If the business believes | |
| 1574 | + | 48.34that the information in the administrative order is in error, the business may ask the office | |
| 1574 | 1575 | 48Article 1 Sec. 19. | |
| 1575 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 49.1the office that the cannabis plant, cannabis flower, cannabis product, artificially derived | |
| 1576 | - | 49.2cannabinoid, lower-potency hemp edible, or hemp-derived consumer product is no longer | |
| 1577 | - | 49.3in violation and that the office's supervision expenses have been paid. | |
| 1578 | - | 49.4 (e) If the office finds in any room, building, piece of equipment, vehicle of transportation, | |
| 1579 | - | 49.5or other structure any cannabis plant, cannabis flower, cannabis product, artificially derived | |
| 1580 | - | 49.6cannabinoid, lower-potency hemp edible, or hemp-derived consumer product that is unsound | |
| 1581 | - | 49.7or contains any filthy, decomposed, or putrid substance, or that may be poisonous or | |
| 1582 | - | 49.8deleterious to health or otherwise unsafe, the office shall condemn or destroy the item or | |
| 1583 | - | 49.9in any other manner render the item as unsalable, and no one has any cause of action against | |
| 1584 | - | 49.10the office on account of the office's action. | |
| 1585 | - | 49.11 (f) The office may enter into an agreement with the commissioner of agriculture to | |
| 1586 | - | 49.12analyze and examine samples or other articles furnished by the office for the purpose of | |
| 1587 | - | 49.13determining whether the sample or article violates this chapter or rules adopted under this | |
| 1588 | - | 49.14chapter. A copy of the examination or analysis report for any such article, duly authenticated | |
| 1589 | - | 49.15under oath by the laboratory analyst making the determination or examination, shall be | |
| 1590 | - | 49.16prima facie evidence in all courts of the matters and facts contained in the report. | |
| 1591 | - | 49.17 Subd. 3.Aiding of inspection.Subject to rules issued by the office, a representative of | |
| 1592 | - | 49.18a cannabis business or hemp business shall be given an opportunity to accompany the office | |
| 1593 | - | 49.19during the physical inspection of any cannabis business or hemp business for the purpose | |
| 1594 | - | 49.20of aiding such inspection. | |
| 1595 | - | 49.21 Subd. 4.Complaints and reports; priority of inspection.(a) The office may conduct | |
| 1596 | - | 49.22inspections of any licensed cannabis business or hemp business at any time to ensure | |
| 1597 | - | 49.23compliance with the ownership and operation requirements of this chapter. | |
| 1598 | - | 49.24 (b) Any person may report a suspected violation of a safety or health standard. If upon | |
| 1599 | - | 49.25receipt of such notification the office determines that there are reasonable grounds to believe | |
| 1600 | - | 49.26that such violation or danger exists, the office shall make a special inspection as soon as | |
| 1601 | - | 49.27practicable to determine if such danger or violation exists. | |
| 1602 | - | 49.28 (c) The office shall prioritize inspections of cannabis businesses and hemp businesses | |
| 1603 | - | 49.29where there are reasonable grounds to believe that a violation poses imminent danger to the | |
| 1604 | - | 49.30public or customers. Inspections must take place within one business day of the receipt of | |
| 1605 | - | 49.31a credible report. | |
| 1606 | - | 49.32 (d) The office shall promptly inspect cannabis businesses and hemp businesses that are | |
| 1607 | - | 49.33the subject of complaint by a local unit of government. | |
| 1608 | - | 49Article 1 Sec. 19. | |
| 1609 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 50.1 Subd. 5.Violations; administrative orders and penalties.(a) The office may issue an | |
| 1610 | - | 50.2administrative order to any licensed cannabis business or hemp business that the office | |
| 1611 | - | 50.3determines has committed a violation of this chapter or rules adopted pursuant to this chapter. | |
| 1612 | - | 50.4The administrative order may require the business to correct the violation or to cease and | |
| 1613 | - | 50.5desist from committing the violation. The order must state the deficiencies that constitute | |
| 1614 | - | 50.6the violation and the time by which the violation must be corrected. If the business believes | |
| 1615 | - | 50.7that the information in the administrative order is in error, the business may ask the office | |
| 1616 | - | 50.8to consider the parts of the order that are alleged to be in error. The request must be in | |
| 1617 | - | 50.9writing, delivered to the office by certified mail within seven days after receipt of the order, | |
| 1618 | - | 50.10and provide documentation to support the allegation of error. The office must respond to a | |
| 1619 | - | 50.11request for reconsideration within 15 days after receiving the request. A request for | |
| 1620 | - | 50.12reconsideration does not stay the correction order unless the office issues a supplemental | |
| 1621 | - | 50.13order granting additional time. The office's disposition of a request for reconsideration is | |
| 1622 | - | 50.14final. | |
| 1623 | - | 50.15 (b) For each violation of this chapter or rules adopted pursuant to this chapter, the office | |
| 1624 | - | 50.16may issue to each cannabis business or hemp business a monetary penalty of up to $10,000, | |
| 1625 | - | 50.17an amount that deprives the business of any economic advantage gained by the violation, | |
| 1626 | - | 50.18or both. | |
| 1627 | - | 50.19 (c) An administrative penalty may be recovered in a civil action in the name of the state | |
| 1628 | - | 50.20brought in the district court of the county where the violation is alleged to have occurred | |
| 1629 | - | 50.21or the district court where the office is housed. | |
| 1630 | - | 50.22 (d) In addition to penalties listed in this subdivision, a person or business who violates | |
| 1631 | - | 50.23the provisions of this chapter is subject to any applicable criminal penalty. | |
| 1632 | - | 50.24Sec. 20. [342.20] DATA PRACTICES. | |
| 1633 | - | 50.25 Subdivision 1.Not public data.The following data collected, created, or maintained | |
| 1634 | - | 50.26by the office are classified as nonpublic data, as defined by section 13.02, subdivision 9, or | |
| 1635 | - | 50.27as private data on individuals, as defined by section 13.02, subdivision 12: | |
| 1636 | - | 50.28 (1) application data submitted by an applicant for a cannabis business license or hemp | |
| 1637 | - | 50.29business license, other than the data listed in subdivision 2; | |
| 1638 | - | 50.30 (2) the identity of a complainant who has made a report concerning a license holder or | |
| 1639 | - | 50.31an applicant that appears in inactive investigative data unless the complainant consents to | |
| 1640 | - | 50.32the disclosure; | |
| 1576 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 49.1to consider the parts of the order that are alleged to be in error. The request must be in | |
| 1577 | + | 49.2writing, delivered to the office by certified mail within seven days after receipt of the order, | |
| 1578 | + | 49.3and provide documentation to support the allegation of error. The office must respond to a | |
| 1579 | + | 49.4request for reconsideration within 15 days after receiving the request. A request for | |
| 1580 | + | 49.5reconsideration does not stay the correction order unless the office issues a supplemental | |
| 1581 | + | 49.6order granting additional time. The office's disposition of a request for reconsideration is | |
| 1582 | + | 49.7final. | |
| 1583 | + | 49.8 (b) For each violation of this chapter or rules adopted pursuant to this chapter, the office | |
| 1584 | + | 49.9may issue to each cannabis business or hemp business a monetary penalty of up to $10,000, | |
| 1585 | + | 49.10an amount that deprives the business of any economic advantage gained by the violation, | |
| 1586 | + | 49.11or both. | |
| 1587 | + | 49.12 (c) An administrative penalty may be recovered in a civil action in the name of the state | |
| 1588 | + | 49.13brought in the district court of the county where the violation is alleged to have occurred | |
| 1589 | + | 49.14or the district court where the office is housed. | |
| 1590 | + | 49.15 (d) In addition to penalties listed in this subdivision, a person or business who violates | |
| 1591 | + | 49.16the provisions of this chapter is subject to any applicable criminal penalty. | |
| 1592 | + | 49.17Sec. 20. [342.20] DATA PRACTICES. | |
| 1593 | + | 49.18 Subdivision 1.Not public data.The following data collected, created, or maintained | |
| 1594 | + | 49.19by the office are classified as nonpublic data, as defined by section 13.02, subdivision 9, or | |
| 1595 | + | 49.20as private data on individuals, as defined by section 13.02, subdivision 12: | |
| 1596 | + | 49.21 (1) application data submitted by an applicant for a cannabis business license or hemp | |
| 1597 | + | 49.22business license, other than the data listed in subdivision 2; | |
| 1598 | + | 49.23 (2) the identity of a complainant who has made a report concerning a license holder or | |
| 1599 | + | 49.24applicant that appears in inactive complaint data unless the complainant consents to the | |
| 1600 | + | 49.25disclosure; | |
| 1601 | + | 49.26 (3) the nature or content of unsubstantiated complaints when the information is not | |
| 1602 | + | 49.27maintained in anticipation of legal action; | |
| 1603 | + | 49.28 (4) the record of any disciplinary proceeding except as limited by subdivision 9; | |
| 1604 | + | 49.29 (5) data identifying retail or wholesale customers of a cannabis business or hemp business; | |
| 1605 | + | 49.30and | |
| 1606 | + | 49.31 (6) data identifying cannabis workers or hemp workers. | |
| 1607 | + | 49Article 1 Sec. 20. | |
| 1608 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 50.1 Subd. 2.Public data on license applicants.(a) The following application data submitted | |
| 1609 | + | 50.2by an applicant for a cannabis business license or hemp business license are public data: | |
| 1610 | + | 50.3 (1) the applicant's name and designated address; | |
| 1611 | + | 50.4 (2) data disclosing the ownership and control of the applicant; | |
| 1612 | + | 50.5 (3) proof of trade name registration; | |
| 1613 | + | 50.6 (4) data showing the legal possession of the premises where the business will operate; | |
| 1614 | + | 50.7 (5) data describing whether volatile chemicals will be used in any methods of extraction | |
| 1615 | + | 50.8or concentration; | |
| 1616 | + | 50.9 (6) environmental plans; | |
| 1617 | + | 50.10 (7) the type and number of other cannabis business licenses or hemp business licenses | |
| 1618 | + | 50.11held by the applicant; and | |
| 1619 | + | 50.12 (8) the name, address, location, dates, and hours of where any proposed cannabis event | |
| 1620 | + | 50.13will take place. | |
| 1621 | + | 50.14 (b) Scoring and other data generated by the office in its review of an applicant for a | |
| 1622 | + | 50.15cannabis business license or hemp business license are public data. | |
| 1623 | + | 50.16 Subd. 3.Public application data on license holders.Once an applicant for a cannabis | |
| 1624 | + | 50.17business license or hemp business license becomes a license holder, all of the application | |
| 1625 | + | 50.18data that the license holder had previously submitted to the office are public data except | |
| 1626 | + | 50.19that the following data remain classified as nonpublic data or private data on individuals: | |
| 1627 | + | 50.20 (1) data identifying retail or wholesale customers of a cannabis business or hemp business; | |
| 1628 | + | 50.21 (2) data identifying cannabis workers or hemp workers; | |
| 1629 | + | 50.22 (3) tax returns, bank account statements, and other financial account information; | |
| 1630 | + | 50.23 (4) business plans; and | |
| 1631 | + | 50.24 (5) security information and trade secret information, as defined by section 13.37. | |
| 1632 | + | 50.25 Subd. 4.Public disciplinary data.Minutes, orders for hearings, findings of fact, | |
| 1633 | + | 50.26conclusions of law, and specification of the final disciplinary action contained in the record | |
| 1634 | + | 50.27of the disciplinary action are classified as public data. If there is a public hearing concerning | |
| 1635 | + | 50.28the disciplinary action, the entire record concerning the disciplinary action is public data. | |
| 1636 | + | 50.29If the license holder and the office agree to resolve a complaint without a hearing, the | |
| 1637 | + | 50.30agreement and the specific reasons for the agreement are public data. | |
| 1641 | 1638 | 50Article 1 Sec. 20. | |
| 1642 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 51.1 (3) data identifying retail or wholesale customers of a cannabis business or hemp business; | |
| 1643 | - | 51.2and | |
| 1644 | - | 51.3 (4) data identifying cannabis workers or hemp workers. | |
| 1645 | - | 51.4 Subd. 2.Public data on license applicants.(a) The following application data submitted | |
| 1646 | - | 51.5by an applicant for a cannabis business license or hemp business license are public data: | |
| 1647 | - | 51.6 (1) the applicant's name and designated address; | |
| 1648 | - | 51.7 (2) data disclosing the ownership and control of the applicant; | |
| 1649 | - | 51.8 (3) proof of trade name registration; | |
| 1650 | - | 51.9 (4) data showing the legal possession of the premises where the business will operate; | |
| 1651 | - | 51.10 (5) data describing whether volatile chemicals will be used in any methods of extraction | |
| 1652 | - | 51.11or concentration; | |
| 1653 | - | 51.12 (6) environmental plans; | |
| 1654 | - | 51.13 (7) the type and number of other cannabis business licenses or hemp business licenses | |
| 1655 | - | 51.14held by the applicant; and | |
| 1656 | - | 51.15 (8) the name, address, location, dates, and hours of where any proposed cannabis event | |
| 1657 | - | 51.16will take place. | |
| 1658 | - | 51.17 (b) Scoring and other data generated by the office in its review of an applicant for a | |
| 1659 | - | 51.18cannabis business license or hemp business license are public data. | |
| 1660 | - | 51.19 Subd. 3.Public application data on license holders.Once an applicant for a cannabis | |
| 1661 | - | 51.20business license or hemp business license becomes a license holder, all of the application | |
| 1662 | - | 51.21data that the license holder had previously submitted to the office are public data except | |
| 1663 | - | 51.22that the following data remain classified as nonpublic data or private data on individuals: | |
| 1664 | - | 51.23 (1) data identifying retail or wholesale customers of a cannabis business or hemp business; | |
| 1665 | - | 51.24 (2) data identifying cannabis workers or hemp workers; | |
| 1666 | - | 51.25 (3) tax returns, bank account statements, and other financial account information; | |
| 1667 | - | 51.26 (4) business plans; and | |
| 1668 | - | 51.27 (5) data classified as nonpublic data or private data on individuals by chapter 13 or other | |
| 1669 | - | 51.28applicable law. | |
| 1670 | - | 51.29 Subd. 4.Civil investigative data.Data collected or maintained by the office as part of | |
| 1671 | - | 51.30an active investigation undertaken for the purpose of the commencement or defense of a | |
| 1672 | - | 51Article 1 Sec. 20. | |
| 1673 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 52.1pending civil legal action, or that are retained in anticipation of a pending civil legal action, | |
| 1674 | - | 52.2must be subject to section 13.39. | |
| 1675 | - | 52.3 Subd. 5.Data practices administration.(a) The office must establish written procedures | |
| 1676 | - | 52.4to ensure that only individuals authorized by law may enter, update, or access data maintained | |
| 1677 | - | 52.5by the office and classified as nonpublic or private data on individuals. An authorized | |
| 1678 | - | 52.6individual's ability to enter, update, or access not public data must correspond to the official | |
| 1679 | - | 52.7duties or training level of the individual and to the statutory authorization granting access | |
| 1680 | - | 52.8for that purpose. All queries and responses, and all actions in which not public data are | |
| 1681 | - | 52.9entered, updated, accessed, shared, or disseminated, must be recorded in a data audit trail. | |
| 1682 | - | 52.10Data contained in the audit trail have the same classification as the underlying data tracked | |
| 1683 | - | 52.11by the audit trail. | |
| 1684 | - | 52.12 (b) The office must not share data classified as nonpublic or private data on individuals | |
| 1685 | - | 52.13under this section or other data identifying an individual applicant or license holder with | |
| 1686 | - | 52.14any federal agency, federal department, or federal entity unless specifically ordered to do | |
| 1687 | - | 52.15so by a state or federal court. | |
| 1688 | - | 52.16 (c) The office must arrange for an independent audit to verify compliance with this | |
| 1689 | - | 52.17section. The audit must be completed annually for the first two years following establishment | |
| 1690 | - | 52.18of the office and biennially thereafter. The results of the audit are public. No later than 30 | |
| 1691 | - | 52.19days following completion of the audit, the office must provide a report summarizing the | |
| 1692 | - | 52.20audit results to the chairs and ranking minority members of the committees and divisions | |
| 1693 | - | 52.21of the house of representatives and the senate with jurisdiction over commerce and data | |
| 1694 | - | 52.22practices, and the Legislative Commission on Data Practices and Personal Data Privacy. | |
| 1695 | - | 52.23The report must be submitted as required under section 3.195, except that printed copies | |
| 1696 | - | 52.24are not required. | |
| 1697 | - | 52.25Sec. 21. [342.21] LICENSE SUSPENSION OR REVOCATION; HEARING. | |
| 1698 | - | 52.26 Subdivision 1.License revocation and nonrenewal.The office may revoke or not | |
| 1699 | - | 52.27renew a license when the office has cause to believe that a cannabis business or hemp | |
| 1700 | - | 52.28business has violated an ownership or operational requirement in this chapter or rules adopted | |
| 1701 | - | 52.29pursuant to this chapter. The office must notify the license holder in writing, specifying the | |
| 1702 | - | 52.30grounds for revocation or nonrenewal and fixing a time of at least 20 days thereafter for a | |
| 1703 | - | 52.31hearing on the matter. | |
| 1704 | - | 52.32 Subd. 2.Hearing; written findings.(a) Before the office revokes or does not renew a | |
| 1705 | - | 52.33license, the office must provide the license holder with a statement of the complaints made | |
| 1706 | - | 52.34against the license holder, and the office must hold a hearing to determine whether the office | |
| 1707 | - | 52Article 1 Sec. 21. | |
| 1708 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 53.1should revoke the license or deny renewal of the license. The license holder shall receive | |
| 1709 | - | 53.2notice at least 20 days before the date of the hearing and notice may be served either by | |
| 1710 | - | 53.3certified mail addressed to the address of the license holder as shown in the license | |
| 1711 | - | 53.4application or in the manner provided by law for the service of a summons. At the time and | |
| 1712 | - | 53.5place fixed for the hearing, the office, or any office employee or agent authorized by the | |
| 1713 | - | 53.6office to conduct the hearing, shall receive evidence, administer oaths, and examine witnesses. | |
| 1714 | - | 53.7 (b) After the hearing held pursuant to paragraph (a), or upon the failure of the license | |
| 1715 | - | 53.8holder to appear at the hearing, the office must take action as is deemed advisable and issue | |
| 1716 | - | 53.9written findings that the office must mail to the license holder. An action of the office under | |
| 1717 | - | 53.10this paragraph is subject to judicial review pursuant to chapter 14. | |
| 1718 | - | 53.11 Subd. 3.Temporary suspension.The office may temporarily, without hearing, suspend | |
| 1719 | - | 53.12the license and operating privilege of any business licensed under this chapter for up to 90 | |
| 1720 | - | 53.13days if continuing the operation of the business would threaten the health or safety of any | |
| 1721 | - | 53.14person. The office may extend the period for an additional 90 days if the office notified the | |
| 1722 | - | 53.15business that the office intends to revoke or not renew a license and the hearing required | |
| 1723 | - | 53.16under subdivision 2 has not taken place. | |
| 1724 | - | 53.17Sec. 22. [342.22] RETAILERS; LOCAL REGISTRATION AND ENFORCEMENT . | |
| 1725 | - | 53.18 Subdivision 1.Registration required.Before making retail sales to customers or patients, | |
| 1726 | - | 53.19a cannabis microbusiness with a retail operations endorsement, cannabis mezzobusiness | |
| 1727 | - | 53.20with a retail operations endorsement, cannabis retailer, medical cannabis retailer, medical | |
| 1728 | - | 53.21cannabis combination business, or lower-potency hemp edible retailer must register with | |
| 1729 | - | 53.22the city, town, or county in which the retail establishment is located. A county may issue a | |
| 1730 | - | 53.23registration in cases where a city or town has provided consent for the county to issue the | |
| 1731 | - | 53.24registration for the jurisdiction. | |
| 1732 | - | 53.25 Subd. 2.Registration fee.(a) A local unit of government may impose an initial retail | |
| 1733 | - | 53.26registration fee of $500 or up to half the amount of the applicable initial license fee under | |
| 1734 | - | 53.27section 342.11, whichever is less. The local unit of government may also impose a renewal | |
| 1735 | - | 53.28retail registration fee of $1,000 or up to half the amount of the applicable renewal license | |
| 1736 | - | 53.29fee under section 342.11, whichever is less. The initial registration fee shall include the fee | |
| 1737 | - | 53.30for initial registration and the first annual renewal. Any renewal fee imposed by the local | |
| 1738 | - | 53.31unit of government shall be charged at the time of the second renewal and each subsequent | |
| 1739 | - | 53.32annual renewal thereafter. | |
| 1740 | - | 53.33 (b) The local unit of government may not charge an application fee. | |
| 1639 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 51.1 Subd. 5.Data practices administration.(a) The office must establish written procedures | |
| 1640 | + | 51.2to ensure that only individuals authorized by law may enter, update, or access data maintained | |
| 1641 | + | 51.3by the office and classified as nonpublic or private data on individuals. An authorized | |
| 1642 | + | 51.4individual's ability to enter, update, or access not public data must correspond to the official | |
| 1643 | + | 51.5duties or training level of the individual and to the statutory authorization granting access | |
| 1644 | + | 51.6for that purpose. All queries and responses, and all actions in which not public data are | |
| 1645 | + | 51.7entered, updated, accessed, shared, or disseminated, must be recorded in a data audit trail. | |
| 1646 | + | 51.8Data contained in the audit trail have the same classification as the underlying data tracked | |
| 1647 | + | 51.9by the audit trail. | |
| 1648 | + | 51.10 (b) The office must not share data classified as nonpublic or private data on individuals | |
| 1649 | + | 51.11under this section or other data identifying an individual applicant or license holder with | |
| 1650 | + | 51.12any federal agency, federal department, or federal entity unless specifically ordered to do | |
| 1651 | + | 51.13so by a state or federal court. | |
| 1652 | + | 51.14 (c) The office must arrange for an independent audit to verify compliance with this | |
| 1653 | + | 51.15section. The audit must be completed annually for the first two years following establishment | |
| 1654 | + | 51.16of the office and biennially thereafter. The results of the audit are public. No later than 30 | |
| 1655 | + | 51.17days following completion of the audit, the office must provide a report summarizing the | |
| 1656 | + | 51.18audit results to the chairs and ranking minority members of the committees and divisions | |
| 1657 | + | 51.19of the house of representatives and the senate with jurisdiction over commerce and data | |
| 1658 | + | 51.20practices, and the Legislative Commission on Data Practices and Personal Data Privacy. | |
| 1659 | + | 51.21The report must be submitted as required under section 3.195, except that printed copies | |
| 1660 | + | 51.22are not required. | |
| 1661 | + | 51.23Sec. 21. [342.21] LICENSE SUSPENSION OR REVOCATION; HEARING. | |
| 1662 | + | 51.24 Subdivision 1.License revocation and nonrenewal.The office may revoke or not | |
| 1663 | + | 51.25renew a license when the office has cause to believe that a cannabis business or hemp | |
| 1664 | + | 51.26business has violated an ownership or operational requirement in this chapter or rules adopted | |
| 1665 | + | 51.27pursuant to this chapter. The office must notify the license holder in writing, specifying the | |
| 1666 | + | 51.28grounds for revocation or nonrenewal and fixing a time of at least 20 days thereafter for a | |
| 1667 | + | 51.29hearing on the matter. | |
| 1668 | + | 51.30 Subd. 2.Hearing; written findings.(a) Before the office revokes or does not renew a | |
| 1669 | + | 51.31license, the office must provide the license holder with a statement of the complaints made | |
| 1670 | + | 51.32against the license holder, and the office must hold a hearing to determine whether the office | |
| 1671 | + | 51.33should revoke the license or deny renewal of the license. The license holder shall receive | |
| 1672 | + | 51.34notice at least 20 days before the date of the hearing and notice may be served either by | |
| 1673 | + | 51Article 1 Sec. 21. | |
| 1674 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 52.1certified mail addressed to the address of the license holder as shown in the license | |
| 1675 | + | 52.2application or in the manner provided by law for the service of a summons. At the time and | |
| 1676 | + | 52.3place fixed for the hearing, the office, or any office employee or agent authorized by the | |
| 1677 | + | 52.4office to conduct the hearing, shall receive evidence, administer oaths, and examine witnesses. | |
| 1678 | + | 52.5 (b) After the hearing held pursuant to paragraph (a), or upon the failure of the license | |
| 1679 | + | 52.6holder to appear at the hearing, the office must take action as is deemed advisable and issue | |
| 1680 | + | 52.7written findings that the office must mail to the license holder. An action of the office under | |
| 1681 | + | 52.8this paragraph is subject to judicial review pursuant to chapter 14. | |
| 1682 | + | 52.9 Subd. 3.Temporary suspension.The office may temporarily, without hearing, suspend | |
| 1683 | + | 52.10the license and operating privilege of any business licensed under this chapter for up to 90 | |
| 1684 | + | 52.11days if continuing the operation of the business would threaten the health or safety of any | |
| 1685 | + | 52.12person. The office may extend the period for an additional 90 days if the office notified the | |
| 1686 | + | 52.13business that the office intends to revoke or not renew a license and the hearing required | |
| 1687 | + | 52.14under subdivision 2 has not taken place. | |
| 1688 | + | 52.15Sec. 22. [342.22] RETAILERS; LOCAL REGISTRATION AND ENFORCEMENT . | |
| 1689 | + | 52.16 Subdivision 1.Registration required.Before making retail sales to customers or patients, | |
| 1690 | + | 52.17a cannabis microbusiness with a retail operations endorsement, cannabis mezzobusiness | |
| 1691 | + | 52.18with a retail operations endorsement, cannabis retailer, medical cannabis retailer, or | |
| 1692 | + | 52.19lower-potency hemp edible retailer must register with the local unit of government in which | |
| 1693 | + | 52.20the retail establishment is located. | |
| 1694 | + | 52.21 Subd. 2.Registration fee.(a) A local unit of government may impose an initial retail | |
| 1695 | + | 52.22registration fee of up to half the amount of the applicable initial license fee under section | |
| 1696 | + | 52.23342.11. The local unit of government may also impose a renewal retail registration fee of | |
| 1697 | + | 52.24up to half the amount of the applicable renewal license fee under section 342.11. The initial | |
| 1698 | + | 52.25license fee shall include the fee for initial registration and the first annual renewal. Any | |
| 1699 | + | 52.26renewal fee imposed by the local unit of government shall be charged at the time of the | |
| 1700 | + | 52.27second renewal and each subsequent annual renewal thereafter. | |
| 1701 | + | 52.28 (b) The local unit of government may not charge an application fee. | |
| 1702 | + | 52.29 (c) A cannabis business with a cannabis retailer license and a medical cannabis retailer | |
| 1703 | + | 52.30license for the same location may only be charged a single registration fee. | |
| 1704 | + | 52.31 (d) Registration fees are nonrefundable. | |
| 1705 | + | 52.32 Subd. 3.Issuance of registration.(a) A local unit of government shall issue a retail | |
| 1706 | + | 52.33registration to a cannabis microbusiness with a retail operations endorsement, cannabis | |
| 1707 | + | 52Article 1 Sec. 22. | |
| 1708 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 53.1mezzobusiness with a retail operations endorsement, cannabis retailer, medical cannabis | |
| 1709 | + | 53.2retailer, or lower-potency hemp edible retailer that: | |
| 1710 | + | 53.3 (1) has a valid license issued by the office; | |
| 1711 | + | 53.4 (2) has paid the registration fee or renewal fee pursuant to subdivision 2; | |
| 1712 | + | 53.5 (3) is found to be in compliance with the requirements of this chapter at any preliminary | |
| 1713 | + | 53.6compliance check that the local unit of government performs; and | |
| 1714 | + | 53.7 (4) if applicable, is current on all property taxes and assessments at the location where | |
| 1715 | + | 53.8the retail establishment is located. | |
| 1716 | + | 53.9 (b) Before issuing a retail registration, the local unit of government may conduct a | |
| 1717 | + | 53.10preliminary compliance check to ensure that the cannabis business or hemp business is in | |
| 1718 | + | 53.11compliance with the applicable operation requirements and the limits on the types of cannabis | |
| 1719 | + | 53.12flower, cannabinoid products, and hemp-derived consumer products that may be sold. | |
| 1720 | + | 53.13 (c) A local unit of government shall renew the retail registration of a cannabis business | |
| 1721 | + | 53.14or hemp business when the office renews the license of the cannabis business or hemp | |
| 1722 | + | 53.15business. | |
| 1723 | + | 53.16 (d) A retail registration issued under this section may not be transferred. | |
| 1724 | + | 53.17 Subd. 4.Compliance checks.(a) A local unit of government shall conduct compliance | |
| 1725 | + | 53.18checks of every cannabis business and hemp business with a retail registration issued by | |
| 1726 | + | 53.19the local unit of government. The checks shall assess compliance with age verification | |
| 1727 | + | 53.20requirements; the applicable operation requirements; and the applicable limits on the types | |
| 1728 | + | 53.21of cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived | |
| 1729 | + | 53.22consumer products being sold. | |
| 1730 | + | 53.23 (b) The local unit of government must conduct unannounced age verification compliance | |
| 1731 | + | 53.24checks at least once each calendar year. Age verification compliance checks must involve | |
| 1732 | + | 53.25persons at least 17 years of age, but under the age of 21, who, with the prior written consent | |
| 1733 | + | 53.26of a parent or guardian if the person is under the age of 18, attempt to purchase cannabis | |
| 1734 | + | 53.27flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products | |
| 1735 | + | 53.28under the direct supervision of a law enforcement officer or an employee of the local unit | |
| 1736 | + | 53.29of government. | |
| 1737 | + | 53.30 (c) Checks to ensure compliance with the applicable operation requirements and the | |
| 1738 | + | 53.31limits on the types of cannabis flower, cannabis products, lower-potency hemp edibles, and | |
| 1739 | + | 53.32hemp-derived consumer products that may be sold must be performed at least once each | |
| 1741 | 1740 | 53Article 1 Sec. 22. | |
| 1742 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 54.1 (c) A cannabis business with a cannabis retailer license and a medical cannabis retailer | |
| 1743 | - | 54.2license for the same location may only be charged a single registration fee. | |
| 1744 | - | 54.3 (d) Registration fees are nonrefundable. | |
| 1745 | - | 54.4 Subd. 3.Issuance of registration.(a) A local unit of government shall issue a retail | |
| 1746 | - | 54.5registration to a cannabis microbusiness with a retail operations endorsement, cannabis | |
| 1747 | - | 54.6mezzobusiness with a retail operations endorsement, cannabis retailer, medical cannabis | |
| 1748 | - | 54.7retailer, or lower-potency hemp edible retailer that: | |
| 1749 | - | 54.8 (1) has a valid license issued by the office; | |
| 1750 | - | 54.9 (2) has paid the registration fee or renewal fee pursuant to subdivision 2; | |
| 1751 | - | 54.10 (3) is found to be in compliance with the requirements of this chapter at any preliminary | |
| 1752 | - | 54.11compliance check that the local unit of government performs; and | |
| 1753 | - | 54.12 (4) if applicable, is current on all property taxes and assessments at the location where | |
| 1754 | - | 54.13the retail establishment is located. | |
| 1755 | - | 54.14 (b) Before issuing a retail registration, the local unit of government may conduct a | |
| 1756 | - | 54.15preliminary compliance check to ensure that the cannabis business or hemp business is in | |
| 1757 | - | 54.16compliance with the applicable operation requirements and the limits on the types of cannabis | |
| 1758 | - | 54.17flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products | |
| 1759 | - | 54.18that may be sold. | |
| 1760 | - | 54.19 (c) A local unit of government shall renew the retail registration of a cannabis business | |
| 1761 | - | 54.20or hemp business when the office renews the license of the cannabis business or hemp | |
| 1762 | - | 54.21business. | |
| 1763 | - | 54.22 (d) A retail registration issued under this section may not be transferred. | |
| 1764 | - | 54.23 Subd. 4.Compliance checks.(a) A local unit of government shall conduct compliance | |
| 1765 | - | 54.24checks of every cannabis business and hemp business with a retail registration issued by | |
| 1766 | - | 54.25the local unit of government. The checks shall assess compliance with age verification | |
| 1767 | - | 54.26requirements, the applicable operation requirements, and the applicable limits on the types | |
| 1768 | - | 54.27of cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived | |
| 1769 | - | 54.28consumer products being sold. | |
| 1770 | - | 54.29 (b) The local unit of government must conduct unannounced age verification compliance | |
| 1771 | - | 54.30checks at least once each calendar year. Age verification compliance checks must involve | |
| 1772 | - | 54.31persons at least 17 years of age, but under the age of 21, who, with the prior written consent | |
| 1773 | - | 54.32of a parent or guardian if the person is under the age of 18, attempt to purchase adult-use | |
| 1774 | - | 54Article 1 Sec. 22. | |
| 1775 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 55.1cannabis flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 1776 | - | 55.2consumer products under the direct supervision of a law enforcement officer or an employee | |
| 1777 | - | 55.3of the local unit of government. | |
| 1778 | - | 55.4 (c) Checks to ensure compliance with the applicable operation requirements and the | |
| 1779 | - | 55.5limits on the types of cannabis flower, cannabis products, lower-potency hemp edibles, and | |
| 1780 | - | 55.6hemp-derived consumer products that may be sold must be performed at least once each | |
| 1781 | - | 55.7calendar year and may be performed by a law enforcement officer or an employee of the | |
| 1782 | - | 55.8local unit of government. | |
| 1783 | - | 55.9 Subd. 5.Registration suspension and cancellation; notice to office; penalties.(a) If | |
| 1784 | - | 55.10a local unit of government determines that a cannabis business or hemp business with a | |
| 1785 | - | 55.11retail registration issued by the local unit of government is not operating in compliance with | |
| 1786 | - | 55.12the requirements of this chapter or that the operation of the business poses an immediate | |
| 1787 | - | 55.13threat to the health or safety of the public, the local unit of government may suspend the | |
| 1788 | - | 55.14retail registration of the cannabis business or hemp business. The local unit of government | |
| 1789 | - | 55.15must immediately notify the office of the suspension and shall include a description of the | |
| 1790 | - | 55.16grounds for the suspension. | |
| 1791 | - | 55.17 (b) The office shall review the retail registration suspension and may order reinstatement | |
| 1792 | - | 55.18of the retail registration or take any action described in section 342.19 or 342.21. | |
| 1793 | - | 55.19 (c) The retail registration suspension must be for up to 30 days unless the office suspends | |
| 1794 | - | 55.20the license and operating privilege of the cannabis business or hemp business for a longer | |
| 1795 | - | 55.21period or revokes the license. | |
| 1796 | - | 55.22 (d) The local unit of government may reinstate the retail registration if the local unit of | |
| 1797 | - | 55.23government determines that any violation has been cured. The local unit of government | |
| 1798 | - | 55.24must reinstate the retail registration if the office orders reinstatement. | |
| 1799 | - | 55.25 (e) No cannabis microbusiness with a retail operations endorsement, cannabis | |
| 1800 | - | 55.26mezzobusiness with a retail operations endorsement, cannabis retailer, medical cannabis | |
| 1801 | - | 55.27retailer, medical cannabis combination business, or lower-potency hemp edible retailer may | |
| 1802 | - | 55.28make any sale to a customer or patient without a valid retail registration. A local unit of | |
| 1803 | - | 55.29government may impose a civil penalty of up to $2,000 for each violation of this paragraph. | |
| 1804 | - | 55.30Sec. 23. [342.23] CANNABIS BUSINESSES AND HEMP BUSINESSES; GENERAL | |
| 1805 | - | 55.31OPERATIONAL REQUIREMENTS. | |
| 1806 | - | 55.32 Subdivision 1.Records.(a) Cannabis businesses and hemp businesses must retain | |
| 1807 | - | 55.33financial records for the current and previous tax years at the primary business location and | |
| 1741 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 54.1calendar year and may be performed by a law enforcement officer or an employee of the | |
| 1742 | + | 54.2local unit of government. | |
| 1743 | + | 54.3 Subd. 5.Registration suspension and cancellation; notice to office; penalties.(a) If | |
| 1744 | + | 54.4a local unit of government determines that a cannabis business or hemp business with a | |
| 1745 | + | 54.5retail registration issued by the local unit of government is not operating in compliance with | |
| 1746 | + | 54.6the requirements of this chapter or that the operation of the business poses an immediate | |
| 1747 | + | 54.7threat to the health or safety of the public, the local unit of government may suspend the | |
| 1748 | + | 54.8retail registration of the cannabis business or hemp business. The local unit of government | |
| 1749 | + | 54.9must immediately notify the office of the suspension and shall include a description of the | |
| 1750 | + | 54.10grounds for the suspension. | |
| 1751 | + | 54.11 (b) The office shall review the retail registration suspension and may order reinstatement | |
| 1752 | + | 54.12of the retail registration or take any action described in section 342.19 or 342.21. | |
| 1753 | + | 54.13 (c) The retail registration suspension must be for up to 30 days unless the office suspends | |
| 1754 | + | 54.14the license and operating privilege of the cannabis business or hemp business for a longer | |
| 1755 | + | 54.15period or revokes the license. | |
| 1756 | + | 54.16 (d) The local unit of government may reinstate the retail registration if the local unit of | |
| 1757 | + | 54.17government determines that any violation has been cured. The local unit of government | |
| 1758 | + | 54.18must reinstate the retail registration if the office orders reinstatement. | |
| 1759 | + | 54.19 (e) No cannabis microbusiness with a retail operations endorsement, cannabis | |
| 1760 | + | 54.20mezzobusiness with a retail operations endorsement, cannabis retailer, medical cannabis | |
| 1761 | + | 54.21retailer, or lower-potency hemp edible retailer may make any sale to a customer or patient | |
| 1762 | + | 54.22without a valid retail registration. A local unit of government may impose a civil penalty | |
| 1763 | + | 54.23of up to $2,000 for each violation of this paragraph. | |
| 1764 | + | 54.24Sec. 23. [342.23] CANNABIS BUSINESSES AND HEMP BUSINESSES; GENERAL | |
| 1765 | + | 54.25OPERATIONAL REQUIREMENTS. | |
| 1766 | + | 54.26 Subdivision 1.Records.(a) Cannabis businesses and hemp businesses must retain | |
| 1767 | + | 54.27financial records for the current and previous tax years at the primary business location and | |
| 1768 | + | 54.28must make those records available for inspection by the office at any time during regular | |
| 1769 | + | 54.29business hours. | |
| 1770 | + | 54.30 (b) When applicable, a cannabis business or hemp business must maintain financial | |
| 1771 | + | 54.31records for the previous ten tax years and must make those records available for inspection | |
| 1772 | + | 54.32within one business day of receiving a request for inspection by the office. | |
| 1773 | + | 54Article 1 Sec. 23. | |
| 1774 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 55.1 (c) The office may require a cannabis business or hemp business to submit to an audit | |
| 1775 | + | 55.2of its business records. The office may select or approve the auditor and the cannabis business | |
| 1776 | + | 55.3or hemp business must provide the auditor with access to all business records. The cost of | |
| 1777 | + | 55.4the audit must be paid by the cannabis business or hemp business. | |
| 1778 | + | 55.5 Subd. 2.Disposal; loss documentation.(a) Cannabis businesses and hemp businesses | |
| 1779 | + | 55.6must dispose of cannabis plants, cannabis flower, cannabis products, artificially derived | |
| 1780 | + | 55.7cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products that are | |
| 1781 | + | 55.8damaged, have a broken seal, have been contaminated, or have not been sold by the expiration | |
| 1782 | + | 55.9date on the label. | |
| 1783 | + | 55.10 (b) Disposal must be conducted in a manner approved by the office. | |
| 1784 | + | 55.11 (c) Disposal of any cannabis plants, cannabis flower, cannabis products, artificially | |
| 1785 | + | 55.12derived cannabinoids, and hemp-derived consumer products that are required to be entered | |
| 1786 | + | 55.13into the statewide monitoring system must be documented in the statewide monitoring | |
| 1787 | + | 55.14system. | |
| 1788 | + | 55.15 (d) Loss or theft of any cannabis plants, cannabis flower, cannabis products, artificially | |
| 1789 | + | 55.16derived cannabinoids, or hemp-derived consumer products that are required to be entered | |
| 1790 | + | 55.17into the statewide monitoring system must be reported to local law enforcement and a | |
| 1791 | + | 55.18business must log any such loss or theft in the statewide monitoring system as soon as the | |
| 1792 | + | 55.19loss or theft is discovered. | |
| 1793 | + | 55.20 Subd. 3.Sale of approved products.Cannabis businesses and hemp businesses may | |
| 1794 | + | 55.21only sell cannabis plants, cannabis flower, cannabis products, artificially derived | |
| 1795 | + | 55.22cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products that are | |
| 1796 | + | 55.23a type approved by the office and that comply with this chapter and rules adopted pursuant | |
| 1797 | + | 55.24to this chapter regarding the testing, packaging, and labeling of cannabis plants, cannabis | |
| 1798 | + | 55.25flower, cannabis products, artificially derived cannabinoids, lower-potency hemp edibles, | |
| 1799 | + | 55.26and hemp-derived consumer products. | |
| 1800 | + | 55.27 Subd. 4.Financial relationship.(a) Except for the lawful sale of cannabis plants, | |
| 1801 | + | 55.28cannabis flower, cannabis products, artificially derived cannabinoids, lower-potency hemp | |
| 1802 | + | 55.29edibles, and hemp-derived consumer products in the ordinary course of business and as | |
| 1803 | + | 55.30otherwise provided in this subdivision, no cannabis business or hemp business may offer, | |
| 1804 | + | 55.31give, accept, receive, or borrow money or anything else of value or accept or receive credit | |
| 1805 | + | 55.32from any other cannabis business. This prohibition applies to offering or receiving a benefit | |
| 1806 | + | 55.33in exchange for preferential placement by a retailer, including preferential placement on | |
| 1807 | + | 55.34the retailer's shelves, display cases, or website. This prohibition applies to every cooperative | |
| 1808 | 1808 | 55Article 1 Sec. 23. | |
| 1809 | - | REVISOR BD H0100- | |
| 1810 | - | 56.2business | |
| 1811 | - | 56.3 (b) | |
| 1812 | - | 56. | |
| 1813 | - | 56. | |
| 1814 | - | 56. | |
| 1815 | - | 56. | |
| 1816 | - | 56. | |
| 1817 | - | 56. | |
| 1818 | - | 56. | |
| 1819 | - | 56. | |
| 1820 | - | 56. | |
| 1821 | - | 56. | |
| 1822 | - | 56. | |
| 1823 | - | 56. | |
| 1824 | - | 56. | |
| 1825 | - | 56. | |
| 1826 | - | 56. | |
| 1827 | - | 56. | |
| 1828 | - | 56. | |
| 1829 | - | 56. | |
| 1830 | - | 56. | |
| 1831 | - | 56.23 ( | |
| 1832 | - | 56. | |
| 1833 | - | 56. | |
| 1834 | - | 56. | |
| 1835 | - | 56. | |
| 1836 | - | 56. | |
| 1837 | - | 56. | |
| 1838 | - | 56. | |
| 1839 | - | 56. | |
| 1840 | - | 56. | |
| 1841 | - | 56 | |
| 1842 | - | ||
| 1843 | - | 57. | |
| 1844 | - | 57. | |
| 1845 | - | 57. | |
| 1846 | - | 57. | |
| 1847 | - | 57. | |
| 1848 | - | 57. | |
| 1849 | - | 57. | |
| 1850 | - | 57. | |
| 1851 | - | 57. | |
| 1852 | - | 57. | |
| 1853 | - | 57. | |
| 1854 | - | 57. | |
| 1855 | - | 57. | |
| 1856 | - | 57. | |
| 1857 | - | 57. | |
| 1858 | - | 57. | |
| 1859 | - | 57. | |
| 1860 | - | 57. | |
| 1861 | - | 57. | |
| 1862 | - | 57. | |
| 1863 | - | 57. | |
| 1864 | - | 57. | |
| 1865 | - | 57. | |
| 1866 | - | 57. | |
| 1867 | - | 57. | |
| 1868 | - | 57. | |
| 1869 | - | 57. | |
| 1870 | - | 57. | |
| 1871 | - | 57. | |
| 1872 | - | 57. | |
| 1873 | - | 57. | |
| 1874 | - | 57. | |
| 1875 | - | 57. | |
| 1876 | - | 57Article 1 Sec. | |
| 1877 | - | REVISOR BD H0100- | |
| 1878 | - | 58. | |
| 1879 | - | 58. | |
| 1880 | - | 58. | |
| 1881 | - | 58. | |
| 1882 | - | 58. | |
| 1883 | - | 58. | |
| 1884 | - | 58. | |
| 1885 | - | 58. | |
| 1886 | - | 58.10 | |
| 1887 | - | 58. | |
| 1888 | - | 58. | |
| 1889 | - | 58. | |
| 1890 | - | 58. | |
| 1891 | - | 58. | |
| 1892 | - | 58. | |
| 1893 | - | 58. | |
| 1894 | - | 58. | |
| 1895 | - | 58. | |
| 1896 | - | 58. | |
| 1897 | - | 58. | |
| 1898 | - | 58. | |
| 1899 | - | 58. | |
| 1900 | - | 58. | |
| 1901 | - | 58. | |
| 1902 | - | 58.26 | |
| 1903 | - | 58. | |
| 1904 | - | 58. | |
| 1905 | - | 58. | |
| 1906 | - | 58. | |
| 1907 | - | 58. | |
| 1908 | - | 58. | |
| 1809 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 56.1member or every director, manager, and general partner of a cannabis business or hemp | |
| 1810 | + | 56.2business. | |
| 1811 | + | 56.3 (b) This prohibition does not apply to merchandising credit in the ordinary course of | |
| 1812 | + | 56.4business for a period not to exceed 30 days. | |
| 1813 | + | 56.5 (c) This prohibition does not apply to free samples of usable cannabis flower, cannabis | |
| 1814 | + | 56.6products, lower-potency hemp edibles, or hemp-derived consumer products packaged in a | |
| 1815 | + | 56.7sample jar protected by a plastic or metal mesh screen to allow customers to smell the | |
| 1816 | + | 56.8cannabis flower, cannabis product, lower-potency hemp edible, or hemp-derived consumer | |
| 1817 | + | 56.9product before purchase. A sample jar may not contain more than eight grams of usable | |
| 1818 | + | 56.10cannabis flower, more than eight grams of a cannabis concentrate, an edible cannabis product | |
| 1819 | + | 56.11infused with more than 100 milligrams of tetrahydrocannabinol, a lower-potency hemp | |
| 1820 | + | 56.12edible infused with more than 50 milligrams of tetrahydrocannabinol, or a hemp-derived | |
| 1821 | + | 56.13consumer product with a total weight of more than eight grams. | |
| 1822 | + | 56.14 (d) This prohibition does not apply to free samples of cannabis flower, cannabis products, | |
| 1823 | + | 56.15lower-potency hemp edibles, or hemp-derived consumer products provided to a retailer or | |
| 1824 | + | 56.16cannabis wholesaler for the purposes of quality control and to allow retailers to determine | |
| 1825 | + | 56.17whether to offer a product for sale. A sample provided for these purposes may not contain | |
| 1826 | + | 56.18more than eight grams of usable cannabis flower, more than eight grams of a cannabis | |
| 1827 | + | 56.19concentrate, an edible cannabis product infused with more than 100 milligrams of | |
| 1828 | + | 56.20tetrahydrocannabinol, a lower-potency hemp edible infused with more than 50 milligrams | |
| 1829 | + | 56.21of tetrahydrocannabinol, or a hemp-derived consumer product with a total weight of more | |
| 1830 | + | 56.22than eight grams. | |
| 1831 | + | 56.23 (e) This prohibition does not apply to any fee charged by a licensed cannabis event | |
| 1832 | + | 56.24organizer to a cannabis business or hemp business for participation in a cannabis event. | |
| 1833 | + | 56.25 Subd. 5.Customer privacy.Cannabis businesses and hemp businesses must not share | |
| 1834 | + | 56.26data on retail or wholesale customers with any federal agency, federal department, or federal | |
| 1835 | + | 56.27entity unless specifically ordered by a state or federal court. | |
| 1836 | + | 56.28Sec. 24. [342.24] CANNABIS BUSINESSES; GENERAL OPERATIONAL | |
| 1837 | + | 56.29REQUIREMENTS. | |
| 1838 | + | 56.30 Subdivision 1.Individuals under 21 years of age.(a) A cannabis business may not | |
| 1839 | + | 56.31employ an individual under 21 years of age and may not contract with an individual under | |
| 1840 | + | 56.3221 years of age if the individual's scope of work involves the handling of cannabis plants, | |
| 1841 | + | 56.33cannabis flower, artificially derived cannabinoids, or cannabinoid products. | |
| 1842 | + | 56Article 1 Sec. 24. | |
| 1843 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 57.1 (b) A cannabis business may not permit an individual under 21 years of age to enter the | |
| 1844 | + | 57.2business premises other than entry by a patient enrolled in the registry program. | |
| 1845 | + | 57.3 (c) A cannabis business may not sell or give cannabis flower, cannabis products, | |
| 1846 | + | 57.4lower-potency hemp edibles, or hemp-derived consumer products to an individual under | |
| 1847 | + | 57.521 years of age unless the individual is a patient; registered designated caregiver; or a parent, | |
| 1848 | + | 57.6legal guardian, or spouse of a patient who is authorized to use, possess, or transport medical | |
| 1849 | + | 57.7cannabis flower or medical cannabinoid products. | |
| 1850 | + | 57.8 Subd. 2.Use of cannabis flower and products within a licensed cannabis business.(a) | |
| 1851 | + | 57.9A cannabis business may not permit an individual who is not an employee to consume | |
| 1852 | + | 57.10cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 1853 | + | 57.11products within its licensed premises unless the business is licensed to permit on-site | |
| 1854 | + | 57.12consumption. | |
| 1855 | + | 57.13 (b) Except as otherwise provided in this subdivision, a cannabis business may not permit | |
| 1856 | + | 57.14an employee to consume cannabis flower, cannabis products, lower-potency hemp edibles, | |
| 1857 | + | 57.15or hemp-derived consumer products within its licensed premises or while the employee is | |
| 1858 | + | 57.16otherwise engaged in activities within the course and scope of employment. | |
| 1859 | + | 57.17 (c) A cannabis business may permit an employee to use medical cannabis flower and | |
| 1860 | + | 57.18medical cannabinoid products if that individual is a patient. | |
| 1861 | + | 57.19 (d) For quality control, employees of a licensed cannabis business may sample cannabis | |
| 1862 | + | 57.20flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products. | |
| 1863 | + | 57.21Employees may not interact directly with customers for at least three hours after sampling | |
| 1864 | + | 57.22a product. Employees may not consume more than three samples in a single 24-hour period. | |
| 1865 | + | 57.23All samples must be recorded in the statewide monitoring system. | |
| 1866 | + | 57.24 Subd. 3.Restricted access.(a) Except as otherwise provided in this subdivision, a | |
| 1867 | + | 57.25cannabis business may not permit any individual to enter a restricted area unless the cannabis | |
| 1868 | + | 57.26business records the individual's name, time of entry, time of exit, and authorization to enter | |
| 1869 | + | 57.27the restricted area through use of an electronic or manual entry log and the individual: | |
| 1870 | + | 57.28 (1) is a cannabis worker employed by or contracted with the cannabis business; | |
| 1871 | + | 57.29 (2) is an employee of the office or another enforcement agency; | |
| 1872 | + | 57.30 (3) is a contractor of the cannabis business, including but not limited to an electrician, | |
| 1873 | + | 57.31a plumber, an engineer, or an alarm technician, whose scope of work will not involve the | |
| 1874 | + | 57.32handling of cannabis flower, cannabis products, or hemp-derived consumer products and, | |
| 1875 | + | 57.33if the individual is working in an area with immediate access to cannabis flower, cannabis | |
| 1876 | + | 57Article 1 Sec. 24. | |
| 1877 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 58.1products, or hemp-derived consumer products, the individual is supervised at all times by | |
| 1878 | + | 58.2a cannabis worker employed by or contracted with the cannabis business; or | |
| 1879 | + | 58.3 (4) has explicit authorization from the office to enter a restricted area and, if the individual | |
| 1880 | + | 58.4is in an area with immediate access to cannabis flower, cannabis products, or hemp-derived | |
| 1881 | + | 58.5consumer products, the individual is supervised at all times by a cannabis worker employed | |
| 1882 | + | 58.6by or contracted with the cannabis business. | |
| 1883 | + | 58.7 (b) A cannabis business shall ensure that all areas of entry to restricted areas within its | |
| 1884 | + | 58.8licensed premises are conspicuously marked and cannot be entered without recording the | |
| 1885 | + | 58.9individual's name, time of entry, time of exit, and authorization to enter the restricted area. | |
| 1886 | + | 58.10 Subd. 4.Ventilation and filtration.A cannabis business must maintain a ventilation | |
| 1887 | + | 58.11and filtration system sufficient to meet the requirements for odor control established by the | |
| 1888 | + | 58.12office. | |
| 1889 | + | 58.13 Subd. 5.Use of statewide monitoring system.(a) A cannabis business must use the | |
| 1890 | + | 58.14statewide monitoring system for integrated cannabis tracking, inventory, and verification | |
| 1891 | + | 58.15to track all cannabis plants, cannabis flower, cannabis products, and hemp-derived consumer | |
| 1892 | + | 58.16products the cannabis business has in its possession to the point of disposal, transfer, or | |
| 1893 | + | 58.17sale. | |
| 1894 | + | 58.18 (b) For the purposes of this subdivision, a cannabis business possesses the cannabis | |
| 1895 | + | 58.19plants and cannabis flower that the business cultivates from seed or immature plant, if | |
| 1896 | + | 58.20applicable, or receives from another cannabis business, and possesses the cannabis products | |
| 1897 | + | 58.21and hemp-derived consumer products that the business manufactures or receives from | |
| 1898 | + | 58.22another cannabis business. | |
| 1899 | + | 58.23 (c) Sale and transfer of cannabis plants, cannabis flower, cannabis products, and | |
| 1900 | + | 58.24hemp-derived consumer products must be recorded in the statewide monitoring system | |
| 1901 | + | 58.25within the time established by rule. | |
| 1902 | + | 58.26 Subd. 6.Security.A cannabis business must maintain and follow a security plan to deter | |
| 1903 | + | 58.27and prevent the theft or diversion of cannabis plants, cannabis flower, cannabis products, | |
| 1904 | + | 58.28and hemp-derived consumer products, unauthorized entry into the cannabis business, and | |
| 1905 | + | 58.29the theft of currency. | |
| 1906 | + | 58.30 Subd. 7.Remuneration.A cannabis business is prohibited from: | |
| 1907 | + | 58.31 (1) accepting or soliciting any form of remuneration from a health care practitioner who | |
| 1908 | + | 58.32certifies qualifying medical conditions for patients; or | |
| 1909 | 1909 | 58Article 1 Sec. 24. | |
| 1910 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 59.1 Subd. 3.Restricted access.(a) Except as otherwise provided in this subdivision, a | |
| 1911 | - | 59.2cannabis business may not permit any individual to enter a restricted area unless the cannabis | |
| 1912 | - | 59.3business records the individual's name, time of entry, time of exit, and authorization to enter | |
| 1913 | - | 59.4the restricted area through the use of an electronic or manual entry log and the individual: | |
| 1914 | - | 59.5 (1) is a cannabis worker employed by or contracted with the cannabis business; | |
| 1915 | - | 59.6 (2) is an employee of the office or another enforcement agency; | |
| 1916 | - | 59.7 (3) is a contractor of the cannabis business, including but not limited to an electrician, | |
| 1917 | - | 59.8a plumber, an engineer, or an alarm technician, whose scope of work will not involve the | |
| 1918 | - | 59.9handling of cannabis flower, cannabis products, or hemp-derived consumer products and, | |
| 1919 | - | 59.10if the individual is working in an area with immediate access to cannabis flower, cannabis | |
| 1920 | - | 59.11products, or hemp-derived consumer products, the individual is supervised at all times by | |
| 1921 | - | 59.12a cannabis worker employed by or contracted with the cannabis business; or | |
| 1922 | - | 59.13 (4) has explicit authorization from the office to enter a restricted area and, if the individual | |
| 1923 | - | 59.14is in an area with immediate access to cannabis flower, cannabis products, or hemp-derived | |
| 1924 | - | 59.15consumer products, the individual is supervised at all times by a cannabis worker employed | |
| 1925 | - | 59.16by or contracted with the cannabis business. | |
| 1926 | - | 59.17 (b) A cannabis business shall ensure that all areas of entry to restricted areas within its | |
| 1927 | - | 59.18licensed premises are conspicuously marked and cannot be entered without recording the | |
| 1928 | - | 59.19individual's name, time of entry, time of exit, and authorization to enter the restricted area. | |
| 1929 | - | 59.20 Subd. 4.Ventilation and filtration.A cannabis business must maintain a ventilation | |
| 1930 | - | 59.21and filtration system sufficient to meet the requirements for odor control established by the | |
| 1931 | - | 59.22office. | |
| 1932 | - | 59.23 Subd. 5.Use of statewide monitoring system.(a) A cannabis business must use the | |
| 1933 | - | 59.24statewide monitoring system for integrated cannabis tracking, inventory, and verification | |
| 1934 | - | 59.25to track all cannabis plants, cannabis flower, cannabis products, and hemp-derived consumer | |
| 1935 | - | 59.26products the cannabis business has in its possession to the point of disposal, transfer, or | |
| 1936 | - | 59.27sale. | |
| 1937 | - | 59.28 (b) For the purposes of this subdivision, a cannabis business possesses the cannabis | |
| 1938 | - | 59.29plants and cannabis flower that the business cultivates from seed or immature plant, if | |
| 1939 | - | 59.30applicable, or receives from another cannabis business, and possesses the cannabis products | |
| 1940 | - | 59.31and hemp-derived consumer products that the business manufactures or receives from | |
| 1941 | - | 59.32another cannabis business. | |
| 1942 | - | 59Article 1 Sec. 24. | |
| 1943 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 60.1 (c) Sale and transfer of cannabis plants, cannabis flower, cannabis products, and | |
| 1944 | - | 60.2hemp-derived consumer products must be recorded in the statewide monitoring system | |
| 1945 | - | 60.3within the time established by rule. | |
| 1946 | - | 60.4 Subd. 6.Security.A cannabis business must maintain and follow a security plan to deter | |
| 1947 | - | 60.5and prevent the theft or diversion of cannabis plants, cannabis flower, cannabis products, | |
| 1948 | - | 60.6or hemp-derived consumer products; unauthorized entry into the cannabis business; and the | |
| 1949 | - | 60.7theft of currency. | |
| 1950 | - | 60.8 Subd. 7.Remuneration.A cannabis business is prohibited from: | |
| 1951 | - | 60.9 (1) accepting or soliciting any form of remuneration from a health care practitioner who | |
| 1952 | - | 60.10certifies qualifying medical conditions for patients; or | |
| 1953 | - | 60.11 (2) offering any form of remuneration to a health care practitioner who certifies qualifying | |
| 1954 | - | 60.12medical conditions for patients. | |
| 1955 | - | 60.13 Subd. 8.Exclusions.The requirements under this section do not apply to hemp | |
| 1956 | - | 60.14businesses. | |
| 1957 | - | 60.15 Subd. 9.Exclusive contracts.A cannabis business may not directly or indirectly make | |
| 1958 | - | 60.16an agreement with a cannabis retailer that binds the cannabis retailer to purchase the products | |
| 1959 | - | 60.17of one cannabis cultivator or cannabis manufacturer to the exclusion of the products of other | |
| 1960 | - | 60.18cannabis cultivators or cannabis manufacturers. A cannabis retailer who is a party to a | |
| 1961 | - | 60.19violation of this section or who receives the benefits of a violation is equally guilty of a | |
| 1962 | - | 60.20violation. | |
| 1963 | - | 60.21Sec. 25. [342.25] CULTIVATION OF CANNABIS; GENERAL REQUIREMENTS. | |
| 1964 | - | 60.22 Subdivision 1.Applicability.Every cannabis business with a license or endorsement | |
| 1965 | - | 60.23authorizing the cultivation of cannabis must comply with the requirements of this section. | |
| 1966 | - | 60.24 Subd. 2.Cultivation records.A business licensed or authorized to cultivate cannabis | |
| 1967 | - | 60.25must prepare a cultivation record for each batch of cannabis plants and cannabis flower in | |
| 1968 | - | 60.26the form required by the office and must maintain each record for at least five years. The | |
| 1969 | - | 60.27cultivation record must include the quantity and timing, where applicable, of each pesticide, | |
| 1970 | - | 60.28fertilizer, soil amendment, or plant amendment used to cultivate the batch, as well as any | |
| 1971 | - | 60.29other information required by the office in rule. The cannabis business must present | |
| 1972 | - | 60.30cultivation records to the office, the commissioner of agriculture, or the commissioner of | |
| 1973 | - | 60.31health upon request. | |
| 1974 | - | 60Article 1 Sec. 25. | |
| 1975 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 61.1 Subd. 3.Agricultural chemicals and other inputs.A business licensed or authorized | |
| 1976 | - | 61.2to cultivate cannabis is subject to rules promulgated by the office in consultation with the | |
| 1977 | - | 61.3commissioner of agriculture, subject to subdivision 5, governing the use of pesticides, | |
| 1978 | - | 61.4fertilizers, soil amendments, plant amendments, and other inputs to cultivate cannabis. | |
| 1979 | - | 61.5 Subd. 4.Cultivation plan.A business licensed or authorized to cultivate cannabis must | |
| 1980 | - | 61.6prepare, maintain, and execute an operating plan and a cultivation plan as directed by the | |
| 1981 | - | 61.7office in rule, which must include but is not limited to: | |
| 1982 | - | 61.8 (1) water usage; | |
| 1983 | - | 61.9 (2) recycling; | |
| 1984 | - | 61.10 (3) solid waste disposal; and | |
| 1985 | - | 61.11 (4) a pest management protocol that incorporates integrated pest management principles | |
| 1986 | - | 61.12to control or prevent the introduction of pests to the cultivation site. | |
| 1987 | - | 61.13 Subd. 5.Agricultural chemicals and other inputs; pollinator protection.(a) A business | |
| 1988 | - | 61.14licensed or authorized to cultivate cannabis must comply with chapters 18B, 18C, 18D, and | |
| 1989 | - | 61.15any other pesticide, fertilizer, soil amendment, and plant amendment laws and rules enforced | |
| 1990 | - | 61.16by the commissioner of agriculture. | |
| 1991 | - | 61.17 (b) A business licensed or authorized to cultivate cannabis must not apply pesticides | |
| 1992 | - | 61.18when pollinators are present or allow pesticides to drift to flowering plants that are attractive | |
| 1993 | - | 61.19to pollinators. | |
| 1994 | - | 61.20 Subd. 6.Adulteration prohibited.A business licensed or authorized to cultivate cannabis | |
| 1995 | - | 61.21must not treat or otherwise adulterate cannabis plants or cannabis flower with any substance | |
| 1996 | - | 61.22or compound that has the effect or intent of altering the color, appearance, weight, potency, | |
| 1997 | - | 61.23or odor of the cannabis. | |
| 1998 | - | 61.24 Subd. 7.Indoor or outdoor cultivation authorized; security.A business licensed or | |
| 1999 | - | 61.25authorized to cultivate cannabis may cultivate cannabis plants indoors or outdoors, subject | |
| 2000 | - | 61.26to the security, fencing, lighting, and any other requirements imposed by the office in rule. | |
| 2001 | - | 61.27 Subd. 8.Exception.Nothing in this section applies to the cultivation of hemp plants. | |
| 2002 | - | 61.28Sec. 26. [342.26] MANUFACTURE OF CANNABIS PRODUCTS; GENERAL | |
| 2003 | - | 61.29REQUIREMENTS. | |
| 2004 | - | 61.30 Subdivision 1.Applicability.Every cannabis business with a license or endorsement | |
| 2005 | - | 61.31authorizing the creation of cannabis concentrate and manufacture of cannabis products and | |
| 1910 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 59.1 (2) offering any form of remuneration to a health care practitioner who certifies qualifying | |
| 1911 | + | 59.2medical conditions for patients. | |
| 1912 | + | 59.3 Subd. 8.Exclusions.The requirements under this section do not apply to hemp | |
| 1913 | + | 59.4businesses. | |
| 1914 | + | 59.5 Sec. 25. [342.25] CULTIVATION OF CANNABIS; GENERAL REQUIREMENTS. | |
| 1915 | + | 59.6 Subdivision 1.Applicability.Every cannabis business with a license or endorsement | |
| 1916 | + | 59.7authorizing the cultivation of cannabis must comply with the requirements of this section. | |
| 1917 | + | 59.8 Subd. 2.Cultivation records.A business licensed or authorized to cultivate cannabis | |
| 1918 | + | 59.9must prepare a cultivation record for each batch of cannabis plants and cannabis flower in | |
| 1919 | + | 59.10the form required by the office and must maintain each record for at least five years. The | |
| 1920 | + | 59.11cultivation record must include the quantity and timing, where applicable, of each pesticide, | |
| 1921 | + | 59.12fertilizer, soil amendment, or plant amendment used to cultivate the batch, as well as any | |
| 1922 | + | 59.13other information required by the office in rule. The cannabis business must present | |
| 1923 | + | 59.14cultivation records to the office, the commissioner of agriculture, or the commissioner of | |
| 1924 | + | 59.15health upon request. | |
| 1925 | + | 59.16 Subd. 3.Agricultural chemicals and other inputs.A business licensed or authorized | |
| 1926 | + | 59.17to cultivate cannabis is subject to rules promulgated by the office governing the use of | |
| 1927 | + | 59.18pesticides, fertilizers, soil amendments, plant amendments, and other inputs to cultivate | |
| 1928 | + | 59.19cannabis. | |
| 1929 | + | 59.20 Subd. 4.Cultivation plan.A business licensed or authorized to cultivate cannabis must | |
| 1930 | + | 59.21prepare, maintain, and execute an operating plan and a cultivation plan as directed by the | |
| 1931 | + | 59.22office in rule, which must include but is not limited to: | |
| 1932 | + | 59.23 (1) water usage; | |
| 1933 | + | 59.24 (2) recycling; | |
| 1934 | + | 59.25 (3) solid waste disposal; and | |
| 1935 | + | 59.26 (4) a pest management protocol that incorporates integrated pest management principles | |
| 1936 | + | 59.27to control or prevent the introduction of pests to the cultivation site. | |
| 1937 | + | 59.28 Subd. 5.Pesticides; pollinator protection.(a) A business licensed or authorized to | |
| 1938 | + | 59.29cultivate cannabis must comply with chapters 18B, 18D, 18E, and any other pesticide laws | |
| 1939 | + | 59.30and rules enforced by the commissioner of agriculture. | |
| 1940 | + | 59Article 1 Sec. 25. | |
| 1941 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 60.1 (b) A business licensed or authorized to cultivate cannabis must not apply pesticides | |
| 1942 | + | 60.2when pollinators are present or allow pesticides to drift to flowering plants that are attractive | |
| 1943 | + | 60.3to pollinators. | |
| 1944 | + | 60.4 Subd. 6.Adulteration prohibited.A business licensed or authorized to cultivate cannabis | |
| 1945 | + | 60.5must not treat or otherwise adulterate cannabis plants or cannabis flower with any substance | |
| 1946 | + | 60.6or compound that has the effect or intent of altering the color, appearance, weight, or smell | |
| 1947 | + | 60.7of the cannabis. | |
| 1948 | + | 60.8 Subd. 7.Indoor, outdoor cultivation authorized; security.A business licensed or | |
| 1949 | + | 60.9authorized to cultivate cannabis may cultivate cannabis plants indoors or outdoors, subject | |
| 1950 | + | 60.10to the security, fencing, lighting, and any other requirements imposed by the office in rule. | |
| 1951 | + | 60.11 Subd. 8.Seed limitation.The commissioner of agriculture must not issue a genetically | |
| 1952 | + | 60.12engineered agriculturally related organism permit under chapter 18F for cannabis seed or | |
| 1953 | + | 60.13cannabis plants. A cannabis cultivator must not cultivate a cannabis plant that is a genetically | |
| 1954 | + | 60.14engineered organism as defined in section 18F.02, subdivision 5. | |
| 1955 | + | 60.15 Subd. 9.Exception.Nothing in this section applies to the cultivation of hemp plants. | |
| 1956 | + | 60.16Sec. 26. [342.26] MANUFACTURE OF CANNABIS PRODUCTS; GENERAL | |
| 1957 | + | 60.17REQUIREMENTS. | |
| 1958 | + | 60.18 Subdivision 1.Applicability.Every cannabis business with a license or endorsement | |
| 1959 | + | 60.19authorizing the creation of cannabis concentrate and manufacture of cannabis products and | |
| 1960 | + | 60.20hemp-derived consumer products for public consumption must comply with the requirements | |
| 1961 | + | 60.21of this section. | |
| 1962 | + | 60.22 Subd. 2.All manufacturer operations.(a) Cannabis manufacturing must take place in | |
| 1963 | + | 60.23an enclosed, locked facility that is used exclusively for the manufacture of cannabis products, | |
| 1964 | + | 60.24creation of hemp concentrate, creation of artificially derived cannabinoids, creation of | |
| 1965 | + | 60.25lower-potency hemp edibles, or creation of hemp-derived consumer products, except that | |
| 1966 | + | 60.26a business that also holds a cannabis cultivator license may operate in a facility that shares | |
| 1967 | + | 60.27general office space, bathrooms, entryways, and walkways. | |
| 1968 | + | 60.28 (b) Cannabis manufacturing must take place on equipment that is used exclusively for | |
| 1969 | + | 60.29the manufacture of cannabis products, creation of hemp concentrate, creation of artificially | |
| 1970 | + | 60.30derived cannabinoids, creation of lower-potency hemp edibles, or creation of hemp-derived | |
| 1971 | + | 60.31consumer products. | |
| 1972 | + | 60.32 (c) A business licensed or authorized to manufacture cannabis products must comply | |
| 1973 | + | 60.33with all applicable packaging, labeling, and health and safety requirements. | |
| 1974 | + | 60Article 1 Sec. 26. | |
| 1975 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 61.1 Subd. 3.Extraction and concentration.(a) A business licensed or authorized to | |
| 1976 | + | 61.2manufacture cannabis products that creates cannabis concentrate, hemp concentrate, or | |
| 1977 | + | 61.3artificially derived cannabinoids must obtain an endorsement from the office. | |
| 1978 | + | 61.4 (b) A business licensed or authorized to manufacture cannabis products must inform the | |
| 1979 | + | 61.5office of all methods of extraction and concentration that the manufacturer intends to use | |
| 1980 | + | 61.6and identify the volatile chemicals, if any, that will be involved in the creation of cannabis | |
| 1981 | + | 61.7concentrate or hemp concentrate. A cannabis manufacturer may not use a method of | |
| 1982 | + | 61.8extraction and concentration or a volatile chemical without approval by the office. | |
| 1983 | + | 61.9 (c) A business licensed or authorized to manufacture cannabis products must inform the | |
| 1984 | + | 61.10office of all methods of conversion that the manufacturer will use, including any specific | |
| 1985 | + | 61.11catalysts that the manufacturer will employ, to create artificially derived cannabinoids and | |
| 1986 | + | 61.12the molecular nomenclature of all cannabinoids or other chemical compounds that the | |
| 1987 | + | 61.13manufacturer will create. A business licensed or authorized to manufacture cannabis products | |
| 1988 | + | 61.14may not use a method of conversion or a catalyst without approval by the office. | |
| 1989 | + | 61.15 (d) A business licensed or authorized to manufacture cannabis products must obtain a | |
| 1990 | + | 61.16certification from an independent third-party industrial hygienist or professional engineer | |
| 1991 | + | 61.17approving: | |
| 1992 | + | 61.18 (1) all electrical, gas, fire suppression, and exhaust systems; and | |
| 1993 | + | 61.19 (2) the plan for safe storage and disposal of hazardous substances, including but not | |
| 1994 | + | 61.20limited to any volatile chemicals. | |
| 1995 | + | 61.21 (e) A business licensed or authorized to manufacture cannabis products that manufactures | |
| 1996 | + | 61.22cannabis concentrate from cannabis flower received from an unlicensed person who is at | |
| 1997 | + | 61.23least 21 years of age must comply with all health and safety requirements established by | |
| 1998 | + | 61.24the office. At a minimum, the office shall require the manufacturer to: | |
| 1999 | + | 61.25 (1) store the cannabis flower in an area that is segregated from cannabis flower and hemp | |
| 2000 | + | 61.26plant parts received from a licensed cannabis business; | |
| 2001 | + | 61.27 (2) perform the extraction and concentration on equipment that is used exclusively for | |
| 2002 | + | 61.28extraction or concentration of cannabis flower received from unlicensed individuals; | |
| 2003 | + | 61.29 (3) store any cannabis concentrate in an area that is segregated from cannabis concentrate, | |
| 2004 | + | 61.30hemp concentrate, or artificially derived cannabinoids derived or manufactured from cannabis | |
| 2005 | + | 61.31flower or hemp plant parts received from a licensed cannabis business; and | |
| 2006 | + | 61.32 (4) provide any cannabis concentrate only to the person who provided the cannabis | |
| 2007 | + | 61.33flower. | |
| 2006 | 2008 | 61Article 1 Sec. 26. | |
| 2007 | - | REVISOR BD H0100- | |
| 2008 | - | 62. | |
| 2009 | - | 62. | |
| 2010 | - | 62. | |
| 2011 | - | 62. | |
| 2012 | - | 62. | |
| 2013 | - | 62. | |
| 2014 | - | 62. | |
| 2015 | - | 62. | |
| 2016 | - | 62. | |
| 2017 | - | 62. | |
| 2018 | - | 62. | |
| 2019 | - | 62.13 ( | |
| 2020 | - | 62. | |
| 2021 | - | 62. | |
| 2022 | - | 62. | |
| 2023 | - | 62. | |
| 2024 | - | 62.18 ( | |
| 2025 | - | 62. | |
| 2026 | - | 62. | |
| 2027 | - | 62. | |
| 2028 | - | 62. | |
| 2029 | - | 62. | |
| 2030 | - | 62. | |
| 2031 | - | 62. | |
| 2032 | - | 62. | |
| 2033 | - | 62. | |
| 2034 | - | 62. | |
| 2035 | - | 62. | |
| 2036 | - | 62. | |
| 2037 | - | 62. | |
| 2038 | - | 62. | |
| 2009 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 62.1 (f) Upon the sale of cannabis concentrate, hemp concentrate, or artificially derived | |
| 2010 | + | 62.2cannabinoids to any person, cooperative, or business, a business licensed or authorized to | |
| 2011 | + | 62.3manufacture cannabis products must provide a statement to the buyer that discloses the | |
| 2012 | + | 62.4method of extraction and concentration or conversion used and any solvents, gases, or | |
| 2013 | + | 62.5catalysts, including but not limited to any volatile chemicals, involved in that method. | |
| 2014 | + | 62.6 Subd. 4.Production of consumer products.(a) A business licensed or authorized to | |
| 2015 | + | 62.7manufacture cannabis products that produces edible cannabis products or lower-potency | |
| 2016 | + | 62.8hemp edibles must obtain an edible cannabinoid product handler endorsement from the | |
| 2017 | + | 62.9office. | |
| 2018 | + | 62.10 (b) A business licensed or authorized to manufacture cannabis products must obtain an | |
| 2019 | + | 62.11endorsement from the office to produce: | |
| 2020 | + | 62.12 (1) cannabis products other than edible cannabis products; or | |
| 2021 | + | 62.13 (2) hemp-derived consumer products other than lower-potency hemp edibles. | |
| 2022 | + | 62.14 (c) All areas within the licensed premises of a business licensed or authorized to | |
| 2023 | + | 62.15manufacture cannabis products producing cannabis products, lower-potency hemp edibles, | |
| 2024 | + | 62.16or hemp-derived consumer products must meet the sanitary standards specified in rules | |
| 2025 | + | 62.17adopted by the office. | |
| 2026 | + | 62.18 (d) A business licensed or authorized to manufacture cannabis products may only add | |
| 2027 | + | 62.19chemicals or compounds approved by the office to cannabis concentrate, hemp concentrate, | |
| 2028 | + | 62.20or artificially derived cannabinoids. | |
| 2029 | + | 62.21 (e) Upon the sale of any cannabis product, lower-potency hemp edible, or hemp-derived | |
| 2030 | + | 62.22consumer product to a cannabis business or hemp business, a business licensed or authorized | |
| 2031 | + | 62.23to manufacture cannabis products must provide a statement to the buyer that discloses the | |
| 2032 | + | 62.24product's ingredients, including but not limited to any chemicals or compounds and any | |
| 2033 | + | 62.25major food allergens declared by name. | |
| 2034 | + | 62.26 (f) A business licensed or authorized to manufacture cannabis products shall not add | |
| 2035 | + | 62.27any cannabis flower, cannabis concentrate, artificially derived cannabinoid, hemp plant | |
| 2036 | + | 62.28part, or hemp concentrate to a product where the manufacturer of the product holds a | |
| 2037 | + | 62.29trademark to the product's name, except that a business licensed or authorized to manufacture | |
| 2038 | + | 62.30cannabis products may use a trademarked food product if the manufacturer uses the product | |
| 2039 | + | 62.31as a component or as part of a recipe and where the business licensed or authorized to | |
| 2040 | + | 62.32manufacture cannabis products does not state or advertise to the customer that the final | |
| 2039 | 2041 | 62Article 1 Sec. 26. | |
| 2040 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 63.1 (2) the plan for safe storage and disposal of hazardous substances, including but not | |
| 2041 | - | 63.2limited to any volatile chemicals. | |
| 2042 | - | 63.3 (e) A business licensed or authorized to manufacture cannabis products that manufactures | |
| 2043 | - | 63.4cannabis concentrate from cannabis flower received from an unlicensed person who is at | |
| 2044 | - | 63.5least 21 years of age must comply with all health and safety requirements established by | |
| 2045 | - | 63.6the office. At a minimum, the office shall require the manufacturer to: | |
| 2046 | - | 63.7 (1) store the cannabis flower in an area that is segregated from cannabis flower and hemp | |
| 2047 | - | 63.8plant parts received from a licensed cannabis business; | |
| 2048 | - | 63.9 (2) perform the extraction and concentration on equipment that is used exclusively for | |
| 2049 | - | 63.10extraction or concentration of cannabis flower received from unlicensed individuals; | |
| 2050 | - | 63.11 (3) store any cannabis concentrate in an area that is segregated from cannabis concentrate, | |
| 2051 | - | 63.12hemp concentrate, or artificially derived cannabinoids derived or manufactured from cannabis | |
| 2052 | - | 63.13flower or hemp plant parts received from a licensed cannabis business; and | |
| 2053 | - | 63.14 (4) provide any cannabis concentrate only to the person who provided the cannabis | |
| 2054 | - | 63.15flower. | |
| 2055 | - | 63.16 (f) Upon the sale of cannabis concentrate, hemp concentrate, or artificially derived | |
| 2056 | - | 63.17cannabinoids to any person, cooperative, or business, a business licensed or authorized to | |
| 2057 | - | 63.18manufacture cannabis products must provide a statement to the buyer that discloses the | |
| 2058 | - | 63.19method of extraction and concentration or conversion used and any solvents, gases, or | |
| 2059 | - | 63.20catalysts, including but not limited to any volatile chemicals, involved in that method. | |
| 2060 | - | 63.21 Subd. 4.Production of consumer products.(a) A business licensed or authorized to | |
| 2061 | - | 63.22manufacture cannabis products that produces edible cannabis products or lower-potency | |
| 2062 | - | 63.23hemp edibles must obtain an edible cannabinoid product handler endorsement from the | |
| 2063 | - | 63.24office. | |
| 2064 | - | 63.25 (b) A business licensed or authorized to manufacture cannabis products must obtain an | |
| 2065 | - | 63.26endorsement from the office to produce: | |
| 2066 | - | 63.27 (1) cannabis products other than edible cannabis products; or | |
| 2067 | - | 63.28 (2) hemp-derived consumer products other than lower-potency hemp edibles. | |
| 2068 | - | 63.29 (c) All areas within the licensed premises of a business licensed or authorized to | |
| 2069 | - | 63.30manufacture cannabis products producing cannabis products, lower-potency hemp edibles, | |
| 2070 | - | 63.31or hemp-derived consumer products must meet the sanitary standards specified in rules | |
| 2071 | - | 63.32adopted by the office. | |
| 2072 | - | 63Article 1 Sec. 26. | |
| 2073 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 64.1 (d) A business licensed or authorized to manufacture cannabis products may only add | |
| 2074 | - | 64.2chemicals or compounds approved by the office to cannabis concentrate, hemp concentrate, | |
| 2075 | - | 64.3or artificially derived cannabinoids. | |
| 2076 | - | 64.4 (e) Upon the sale of any cannabis product, lower-potency hemp edible, or hemp-derived | |
| 2077 | - | 64.5consumer product to a cannabis business or hemp business, a business licensed or authorized | |
| 2078 | - | 64.6to manufacture cannabis products must provide a statement to the buyer that discloses the | |
| 2079 | - | 64.7product's ingredients, including but not limited to any chemicals or compounds and any | |
| 2080 | - | 64.8major food allergens declared by name. | |
| 2081 | - | 64.9 (f) A business licensed or authorized to manufacture cannabis products shall not add | |
| 2082 | - | 64.10any cannabis flower, cannabis concentrate, artificially derived cannabinoid, hemp plant | |
| 2083 | - | 64.11part, or hemp concentrate to a product where the manufacturer of the product holds a | |
| 2084 | - | 64.12trademark to the product's name, except that a business licensed or authorized to manufacture | |
| 2085 | - | 64.13cannabis products may use a trademarked food product if the manufacturer uses the product | |
| 2086 | - | 64.14as a component or as part of a recipe and where the business licensed or authorized to | |
| 2087 | - | 64.15manufacture cannabis products does not state or advertise to the customer that the final | |
| 2088 | - | 64.16retail cannabis product, lower-potency hemp edible, or hemp-derived consumer product | |
| 2089 | - | 64.17contains a trademarked food product. | |
| 2090 | - | 64.18 Subd. 5.Exception.Nothing in this section applies to the operations of a lower-potency | |
| 2091 | - | 64.19hemp edible manufacturer. | |
| 2092 | - | 64.20Sec. 27. [342.27] RETAIL SALE OF CANNABIS FLOWER AND PRODUCTS; | |
| 2093 | - | 64.21GENERAL REQUIREMENTS. | |
| 2094 | - | 64.22 Subdivision 1.Applicability.Every cannabis business with a license or endorsement | |
| 2095 | - | 64.23authorizing the retail sale of cannabis flower or cannabis products must comply with the | |
| 2096 | - | 64.24requirements of this section. | |
| 2097 | - | 64.25 Subd. 2.Sale of cannabis and cannabinoid products.(a) A cannabis business with a | |
| 2098 | - | 64.26license or endorsement authorizing the retail sale of cannabis flower or cannabis products | |
| 2099 | - | 64.27may only sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use | |
| 2100 | - | 64.28cannabis products, lower-potency hemp edibles, and hemp-derived consumer products to | |
| 2101 | - | 64.29individuals who are at least 21 years of age. | |
| 2102 | - | 64.30 (b) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2103 | - | 64.31adult-use cannabis flower or adult-use cannabis products may sell immature cannabis plants | |
| 2104 | - | 64.32and seedlings, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp | |
| 2105 | - | 64.33edibles, and hemp-derived consumer products that: | |
| 2042 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 63.1retail cannabis product, lower-potency hemp edible, or hemp-derived consumer product | |
| 2043 | + | 63.2contains a trademarked food product. | |
| 2044 | + | 63.3 Subd. 5.Exception.Nothing in this section applies to the operations of a lower-potency | |
| 2045 | + | 63.4hemp edible manufacturer. | |
| 2046 | + | 63.5 Sec. 27. [342.27] RETAIL SALE OF CANNABIS FLOWER AND PRODUCTS; | |
| 2047 | + | 63.6GENERAL REQUIREMENTS. | |
| 2048 | + | 63.7 Subdivision 1.Applicability.Every cannabis business with a license or endorsement | |
| 2049 | + | 63.8authorizing the retail sale of cannabis flower or cannabis products must comply with the | |
| 2050 | + | 63.9requirements of this section. | |
| 2051 | + | 63.10 Subd. 2.Sale of cannabis and cannabinoid products.(a) A cannabis business with a | |
| 2052 | + | 63.11license or endorsement authorizing the retail sale of cannabis flower or cannabis products | |
| 2053 | + | 63.12may only sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use | |
| 2054 | + | 63.13cannabis products, lower-potency hemp edibles, and hemp-derived consumer products to | |
| 2055 | + | 63.14individuals who are at least 21 years of age. | |
| 2056 | + | 63.15 (b) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2057 | + | 63.16cannabis flower or cannabis products may sell immature cannabis plants and seedlings, | |
| 2058 | + | 63.17adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, and | |
| 2059 | + | 63.18hemp-derived consumer products that: | |
| 2060 | + | 63.19 (1) are obtained from a business licensed under this chapter; and | |
| 2061 | + | 63.20 (2) meet all applicable packaging and labeling requirements. | |
| 2062 | + | 63.21 (c) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2063 | + | 63.22cannabis flower or cannabis products may sell up to two ounces of adult-use cannabis flower | |
| 2064 | + | 63.23or hemp-derived consumer products consisting primarily of hemp plant parts, up to eight | |
| 2065 | + | 63.24grams of adult-use cannabis concentrate or hemp-derived consumer products consisting | |
| 2066 | + | 63.25primarily of hemp concentrate or artificially derived cannabinoids, and edible cannabis | |
| 2067 | + | 63.26products and lower-potency hemp edibles infused with up to 800 milligrams of | |
| 2068 | + | 63.27tetrahydrocannabinol during a single transaction to a customer. | |
| 2069 | + | 63.28 (d) Edible cannabis products and hemp-derived consumer products intended to be eaten | |
| 2070 | + | 63.29or consumed as a beverage may not include more than ten milligrams of tetrahydrocannabinol | |
| 2071 | + | 63.30per serving and a single package may not include more than a total of 100 milligrams of | |
| 2072 | + | 63.31tetrahydrocannabinol. A package may contain multiple servings of ten milligrams of | |
| 2073 | + | 63.32tetrahydrocannabinol provided that each serving is indicated by scoring, wrapping, or other | |
| 2074 | + | 63.33indicators designating the individual serving size. | |
| 2075 | + | 63Article 1 Sec. 27. | |
| 2076 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 64.1 Subd. 3.Sale of other products.(a) A cannabis business with a license or endorsement | |
| 2077 | + | 64.2authorizing the retail sale of cannabis flower or cannabis products may sell cannabis | |
| 2078 | + | 64.3paraphernalia, including but not limited to childproof packaging containers and other devices | |
| 2079 | + | 64.4designed to ensure the safe storage and monitoring of cannabis flower, cannabis products, | |
| 2080 | + | 64.5lower-potency hemp edibles, and hemp-derived consumer products in the home to prevent | |
| 2081 | + | 64.6access by individuals under 21 years of age. | |
| 2082 | + | 64.7 (b) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2083 | + | 64.8cannabis flower or cannabis products may sell hemp-derived topical products. | |
| 2084 | + | 64.9 (c) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2085 | + | 64.10cannabis flower or cannabis products may sell the following products that do not contain | |
| 2086 | + | 64.11cannabis flower, cannabis concentrate, hemp concentrate, artificially derived cannabinoids, | |
| 2087 | + | 64.12or tetrahydrocannabinol: | |
| 2088 | + | 64.13 (1) drinks that do not contain alcohol and are packaged in sealed containers labeled for | |
| 2089 | + | 64.14retail sale; | |
| 2090 | + | 64.15 (2) books and videos on the cultivation and use of cannabis flower and products that | |
| 2091 | + | 64.16contain cannabinoids; | |
| 2092 | + | 64.17 (3) magazines and other publications published primarily for information and education | |
| 2093 | + | 64.18on cannabis plants, cannabis flower, and products that contain cannabinoids; | |
| 2094 | + | 64.19 (4) multiple-use bags designed to carry purchased items; | |
| 2095 | + | 64.20 (5) clothing marked with the specific name, brand, or identifying logo of the retailer; | |
| 2096 | + | 64.21 (6) hemp fiber products and products that contain hemp grain; and | |
| 2097 | + | 64.22 (7) products that detect the presence of fentanyl or a fentanyl analog. | |
| 2098 | + | 64.23 Subd. 4.Age verification.(a) Prior to initiating a sale, an employee of a cannabis | |
| 2099 | + | 64.24business with a license or endorsement authorizing the retail sale of cannabis flower or | |
| 2100 | + | 64.25cannabis products must verify that the customer is at least 21 years of age. | |
| 2101 | + | 64.26 (b) Proof of age may be established only by one of the following: | |
| 2102 | + | 64.27 (1) a valid driver's license or identification card issued by Minnesota, another state, or | |
| 2103 | + | 64.28a province of Canada, and including the photograph and date of birth of the licensed person; | |
| 2104 | + | 64.29 (2) a valid Tribal identification card as defined in section 171.072, paragraph (b); | |
| 2105 | + | 64.30 (3) a valid passport issued by the United States; | |
| 2106 | 2106 | 64Article 1 Sec. 27. | |
| 2107 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 65.1 (1) are obtained from a business licensed under this chapter; and | |
| 2108 | - | 65.2 (2) meet all applicable packaging and labeling requirements. | |
| 2109 | - | 65.3 (c) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2110 | - | 65.4cannabis flower or cannabis products may sell up to two ounces of adult-use cannabis flower | |
| 2111 | - | 65.5or hemp-derived consumer products consisting primarily of hemp plant parts, up to eight | |
| 2112 | - | 65.6grams of adult-use cannabis concentrate or hemp-derived consumer products consisting | |
| 2113 | - | 65.7primarily of hemp concentrate or artificially derived cannabinoids, and edible cannabis | |
| 2114 | - | 65.8products and lower-potency hemp edibles infused with up to 800 milligrams of | |
| 2115 | - | 65.9tetrahydrocannabinol during a single transaction to a customer. | |
| 2116 | - | 65.10 (d) Edible adult-use cannabis products and hemp-derived consumer products intended | |
| 2117 | - | 65.11to be eaten may not include more than ten milligrams of tetrahydrocannabinol per serving | |
| 2118 | - | 65.12and a single package may not include more than a total of 200 milligrams of | |
| 2119 | - | 65.13tetrahydrocannabinol. A package may contain multiple servings of ten milligrams of | |
| 2120 | - | 65.14tetrahydrocannabinol provided that each serving is indicated by scoring, wrapping, or other | |
| 2121 | - | 65.15indicators designating the individual serving size. | |
| 2122 | - | 65.16 (e) Edible adult-use cannabis products and hemp-derived consumer products intended | |
| 2123 | - | 65.17to be consumed as beverages may not include more than ten milligrams of | |
| 2124 | - | 65.18tetrahydrocannabinol per serving. A single beverage container may not contain more than | |
| 2125 | - | 65.19two servings. | |
| 2126 | - | 65.20 Subd. 3.Sale of other products.(a) A cannabis business with a license or endorsement | |
| 2127 | - | 65.21authorizing the retail sale of cannabis flower or cannabis products may sell cannabis | |
| 2128 | - | 65.22paraphernalia, including but not limited to childproof packaging containers and other devices | |
| 2129 | - | 65.23designed to ensure the safe storage and monitoring of cannabis flower, cannabis products, | |
| 2130 | - | 65.24lower-potency hemp edibles, and hemp-derived consumer products in the home to prevent | |
| 2131 | - | 65.25access by individuals under 21 years of age. | |
| 2132 | - | 65.26 (b) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2133 | - | 65.27cannabis flower or cannabis products may sell hemp-derived topical products. | |
| 2134 | - | 65.28 (c) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2135 | - | 65.29cannabis flower or cannabis products may sell the following products that do not contain | |
| 2136 | - | 65.30cannabis flower, cannabis concentrate, hemp concentrate, artificially derived cannabinoids, | |
| 2137 | - | 65.31or tetrahydrocannabinol: | |
| 2138 | - | 65.32 (1) drinks that do not contain alcohol and are packaged in sealed containers labeled for | |
| 2139 | - | 65.33retail sale; | |
| 2107 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 65.1 (4) a valid instructional permit issued under section 171.05 to a person of legal age to | |
| 2108 | + | 65.2purchase adult-use cannabis or adult-use cannabinoid products, that includes a photograph | |
| 2109 | + | 65.3and the date of birth of the person issued the permit; or | |
| 2110 | + | 65.4 (5) in the case of a foreign national, by a valid passport. | |
| 2111 | + | 65.5 (c) A retailer may seize a form of identification listed under paragraph (b) if the cannabis | |
| 2112 | + | 65.6retailer has reasonable grounds to believe that the form of identification has been altered or | |
| 2113 | + | 65.7falsified or is being used to violate any law. A retailer that seizes a form of identification | |
| 2114 | + | 65.8as authorized under this paragraph must deliver it to a law enforcement agency within 24 | |
| 2115 | + | 65.9hours of seizing it. | |
| 2116 | + | 65.10 Subd. 5.Display of cannabis flower and products.(a) A cannabis business with a | |
| 2117 | + | 65.11license or endorsement authorizing the retail sale of cannabis flower or cannabis products | |
| 2118 | + | 65.12must designate a retail area where customers are permitted. The retail area shall include the | |
| 2119 | + | 65.13portion of the premises where samples of cannabis flower and cannabis products available | |
| 2120 | + | 65.14for sale are displayed. All other cannabis flower and cannabis products must be stored in | |
| 2121 | + | 65.15the secure storage area. | |
| 2122 | + | 65.16 (b) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2123 | + | 65.17cannabis flower or cannabis products may display one sample of each type of cannabis | |
| 2124 | + | 65.18flower or cannabis product available for sale. Samples of cannabis flower and cannabis | |
| 2125 | + | 65.19products must be stored in a sample jar or display case and be accompanied by a label or | |
| 2126 | + | 65.20notice containing the information required to be affixed to the packaging or container | |
| 2127 | + | 65.21containing cannabis flower and cannabis products sold to customers. A sample may not | |
| 2128 | + | 65.22contain more than eight grams of adult-use cannabis flower or adult-use cannabis concentrate | |
| 2129 | + | 65.23or an edible cannabis product infused with more than 100 milligrams of tetrahydrocannabinol. | |
| 2130 | + | 65.24A cannabis retailer may allow customers to smell the cannabis flower or cannabis product | |
| 2131 | + | 65.25before purchase. | |
| 2132 | + | 65.26 (c) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2133 | + | 65.27cannabis flower or cannabis products may not sell cannabis flower or cannabis products | |
| 2134 | + | 65.28used as a sample for display. If the retailer uses display samples of lower-potency hemp | |
| 2135 | + | 65.29edibles or hemp-derived consumer products, the retailer may not sell the product used as a | |
| 2136 | + | 65.30sample for display. | |
| 2137 | + | 65.31 Subd. 6.Posting of notices.A cannabis business with a license or endorsement | |
| 2138 | + | 65.32authorizing the retail sale of cannabis flower or cannabis products must post all notices as | |
| 2139 | + | 65.33required by the office, including but not limited to: | |
| 2140 | + | 65.34 (1) information about any product recall; | |
| 2140 | 2141 | 65Article 1 Sec. 27. | |
| 2141 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 66.1 (2) books and videos on the cultivation and use of cannabis flower and products that | |
| 2142 | - | 66.2contain cannabinoids; | |
| 2143 | - | 66.3 (3) magazines and other publications published primarily for information and education | |
| 2144 | - | 66.4on cannabis plants, cannabis flower, and products that contain cannabinoids; | |
| 2145 | - | 66.5 (4) multiple-use bags designed to carry purchased items; | |
| 2146 | - | 66.6 (5) clothing marked with the specific name, brand, or identifying logo of the retailer; | |
| 2147 | - | 66.7 (6) hemp fiber products and products that contain hemp grain; and | |
| 2148 | - | 66.8 (7) products that detect the presence of fentanyl or a fentanyl analog. | |
| 2149 | - | 66.9 Subd. 4.Age verification.(a) Prior to initiating a sale, an employee of a cannabis | |
| 2150 | - | 66.10business with a license or endorsement authorizing the retail sale of cannabis flower or | |
| 2151 | - | 66.11cannabis products must verify that the customer is at least 21 years of age. | |
| 2152 | - | 66.12 (b) Proof of age may be established only by one of the following: | |
| 2153 | - | 66.13 (1) a valid driver's license or identification card issued by Minnesota, another state, or | |
| 2154 | - | 66.14a province of Canada, and including the photograph and date of birth of the licensed person; | |
| 2155 | - | 66.15 (2) a valid Tribal identification card as defined in section 171.072, paragraph (b); | |
| 2156 | - | 66.16 (3) a valid passport issued by the United States; | |
| 2157 | - | 66.17 (4) a valid instructional permit issued under section 171.05 to a person of legal age to | |
| 2158 | - | 66.18purchase adult-use cannabis flower or adult-use cannabis products, which includes a | |
| 2159 | - | 66.19photograph and the date of birth of the person issued the permit; or | |
| 2160 | - | 66.20 (5) in the case of a foreign national, by a valid passport. | |
| 2161 | - | 66.21 (c) A retailer may seize a form of identification listed under paragraph (b) if the cannabis | |
| 2162 | - | 66.22retailer has reasonable grounds to believe that the form of identification has been altered or | |
| 2163 | - | 66.23falsified or is being used to violate any law. A retailer that seizes a form of identification | |
| 2164 | - | 66.24as authorized under this paragraph must deliver it to a law enforcement agency within 24 | |
| 2165 | - | 66.25hours of seizing it. | |
| 2166 | - | 66.26 Subd. 5.Display of cannabis flower and products.(a) A cannabis business with a | |
| 2167 | - | 66.27license or endorsement authorizing the retail sale of cannabis flower or cannabis products | |
| 2168 | - | 66.28must designate a retail area where customers are permitted. The retail area shall include the | |
| 2169 | - | 66.29portion of the premises where samples of cannabis flower and cannabis products available | |
| 2170 | - | 66.30for sale are displayed. All other cannabis flower and cannabis products must be stored in | |
| 2171 | - | 66.31the secure storage area. | |
| 2142 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 66.1 (2) a statement that operating a motor vehicle under the influence of intoxicating | |
| 2143 | + | 66.2cannabinoids is illegal; and | |
| 2144 | + | 66.3 (3) a statement that cannabis flower, cannabis products, lower-potency hemp edibles, | |
| 2145 | + | 66.4and hemp-derived consumer products are only intended for consumption by individuals | |
| 2146 | + | 66.5who are at least 21 years of age. | |
| 2147 | + | 66.6 Subd. 7.Hours of operation.(a) Except as provided by paragraph (b), a cannabis | |
| 2148 | + | 66.7business with a license or endorsement authorizing the retail sale of cannabis flower or | |
| 2149 | + | 66.8cannabis products may not sell cannabis flower, cannabis products, lower-potency hemp | |
| 2150 | + | 66.9edibles, or hemp-derived consumer products between 2:00 a.m. and 8:00 a.m. on the days | |
| 2151 | + | 66.10of Monday through Saturday nor between 2:00 a.m. and 10:00 a.m. on Sunday. | |
| 2152 | + | 66.11 (b) A city or county may adopt an ordinance to prohibit sales for any period between | |
| 2153 | + | 66.129:00 p.m. and 2:00 a.m. the following day or between 8:00 a.m. and 10:00 a.m. on the days | |
| 2154 | + | 66.13of Monday through Saturday. | |
| 2155 | + | 66.14 (c) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2156 | + | 66.15cannabis flower or cannabis products may not be open to the public or sell any other products | |
| 2157 | + | 66.16at times when the cannabis business is prohibited from selling cannabis flower, cannabis | |
| 2158 | + | 66.17products, lower-potency hemp edibles, and hemp-derived consumer products. | |
| 2159 | + | 66.18 Subd. 8.Building conditions.(a) A cannabis business with a license or endorsement | |
| 2160 | + | 66.19authorizing the retail sale of cannabis flower or cannabis products shall maintain compliance | |
| 2161 | + | 66.20with state and local building, fire, and zoning requirements or regulations. | |
| 2162 | + | 66.21 (b) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2163 | + | 66.22cannabis flower or cannabis products shall ensure that the licensed premises is maintained | |
| 2164 | + | 66.23in a clean and sanitary condition, free from infestation by insects, rodents, or other pests. | |
| 2165 | + | 66.24 Subd. 9.Security.A cannabis business with a license or endorsement authorizing the | |
| 2166 | + | 66.25retail sale of cannabis flower or cannabis products shall maintain compliance with security | |
| 2167 | + | 66.26requirements established by the office, including but not limited to requirements for | |
| 2168 | + | 66.27maintaining video surveillance records, using specific locking mechanisms, establishing | |
| 2169 | + | 66.28secure entries, and the number of employees working at all times. | |
| 2170 | + | 66.29 Subd. 10.Lighting.A cannabis business with a license or endorsement authorizing the | |
| 2171 | + | 66.30retail sale of cannabis flower or cannabis products must keep all lighting outside and inside | |
| 2172 | + | 66.31the dispensary in good working order and sufficient wattage for security cameras. | |
| 2173 | + | 66.32 Subd. 11.Deliveries.A cannabis business with a license or endorsement authorizing | |
| 2174 | + | 66.33the retail sale of cannabis flower or cannabis products may only accept deliveries of cannabis | |
| 2172 | 2175 | 66Article 1 Sec. 27. | |
| 2173 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 67.1 (b) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2174 | - | 67.2cannabis flower or cannabis products may display one sample of each type of cannabis | |
| 2175 | - | 67.3flower or cannabis product available for sale. Samples of cannabis flower and cannabis | |
| 2176 | - | 67.4products must be stored in a sample jar or display case and be accompanied by a label or | |
| 2177 | - | 67.5notice containing the information required to be affixed to the packaging or container | |
| 2178 | - | 67.6containing cannabis flower and cannabis products sold to customers. A sample may not | |
| 2179 | - | 67.7contain more than eight grams of adult-use cannabis flower or adult-use cannabis concentrate | |
| 2180 | - | 67.8or an edible cannabis product infused with more than 100 milligrams of tetrahydrocannabinol. | |
| 2181 | - | 67.9A cannabis retailer may allow customers to smell the cannabis flower or cannabis product | |
| 2182 | - | 67.10before purchase. | |
| 2183 | - | 67.11 (c) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2184 | - | 67.12cannabis flower or cannabis products may not sell cannabis flower or cannabis products | |
| 2185 | - | 67.13used as a sample for display. If the retailer uses display samples of lower-potency hemp | |
| 2186 | - | 67.14edibles or hemp-derived consumer products, the retailer may not sell the product used as a | |
| 2187 | - | 67.15sample for display. | |
| 2188 | - | 67.16 Subd. 6.Posting of notices.A cannabis business with a license or endorsement | |
| 2189 | - | 67.17authorizing the retail sale of cannabis flower or cannabis products must post all notices as | |
| 2190 | - | 67.18required by the office, including but not limited to: | |
| 2191 | - | 67.19 (1) information about any product recall; | |
| 2192 | - | 67.20 (2) a statement that operating a motor vehicle under the influence of intoxicating | |
| 2193 | - | 67.21cannabinoids is illegal; and | |
| 2194 | - | 67.22 (3) a statement that cannabis flower, cannabis products, lower-potency hemp edibles, | |
| 2195 | - | 67.23and hemp-derived consumer products are only intended for consumption by individuals | |
| 2196 | - | 67.24who are at least 21 years of age. | |
| 2197 | - | 67.25 Subd. 7.Hours of operation.(a) Except as provided by paragraph (b), a cannabis | |
| 2198 | - | 67.26business with a license or endorsement authorizing the retail sale of cannabis flower or | |
| 2199 | - | 67.27cannabis products may not sell cannabis flower, cannabis products, lower-potency hemp | |
| 2200 | - | 67.28edibles, or hemp-derived consumer products between 2:00 a.m. and 8:00 a.m. on the days | |
| 2201 | - | 67.29of Monday through Saturday nor between 2:00 a.m. and 10:00 a.m. on Sunday. | |
| 2202 | - | 67.30 (b) A city or county may adopt an ordinance to prohibit sales for any period between | |
| 2203 | - | 67.319:00 p.m. and 2:00 a.m. the following day or between 8:00 a.m. and 10:00 a.m. on the days | |
| 2204 | - | 67.32of Monday through Saturday. | |
| 2205 | - | 67Article 1 Sec. 27. | |
| 2206 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 68.1 (c) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2207 | - | 68.2cannabis flower or cannabis products may not be open to the public or sell any other products | |
| 2208 | - | 68.3at times when the cannabis business is prohibited from selling cannabis flower, cannabis | |
| 2209 | - | 68.4products, lower-potency hemp edibles, and hemp-derived consumer products. | |
| 2210 | - | 68.5 Subd. 8.Building conditions.(a) A cannabis business with a license or endorsement | |
| 2211 | - | 68.6authorizing the retail sale of cannabis flower or cannabis products shall maintain compliance | |
| 2212 | - | 68.7with state and local building, fire, and zoning requirements or regulations. | |
| 2213 | - | 68.8 (b) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2214 | - | 68.9cannabis flower or cannabis products shall ensure that the licensed premises is maintained | |
| 2215 | - | 68.10in a clean and sanitary condition, free from infestation by insects, rodents, or other pests. | |
| 2216 | - | 68.11 Subd. 9.Security.A cannabis business with a license or endorsement authorizing the | |
| 2217 | - | 68.12retail sale of cannabis flower or cannabis products shall maintain compliance with security | |
| 2218 | - | 68.13requirements established by the office, including but not limited to requirements for | |
| 2219 | - | 68.14maintaining video surveillance records, using specific locking mechanisms, establishing | |
| 2220 | - | 68.15secure entries, and the number of employees working at all times. | |
| 2221 | - | 68.16 Subd. 10.Lighting.A cannabis business with a license or endorsement authorizing the | |
| 2222 | - | 68.17retail sale of cannabis flower or cannabis products must keep all lighting outside and inside | |
| 2223 | - | 68.18the dispensary in good working order and sufficient wattage for security cameras. | |
| 2224 | - | 68.19 Subd. 11.Deliveries.A cannabis business with a license or endorsement authorizing | |
| 2225 | - | 68.20the retail sale of cannabis flower or cannabis products may only accept deliveries of cannabis | |
| 2226 | - | 68.21flower, cannabis products, and hemp-derived consumer products in a limited access area. | |
| 2227 | - | 68.22Deliveries may not be accepted through the public access areas unless otherwise approved | |
| 2228 | - | 68.23by the office. | |
| 2229 | - | 68.24 Subd. 12.Prohibitions.A cannabis business with a license or endorsement authorizing | |
| 2230 | - | 68.25the retail sale of cannabis flower or cannabis products shall not: | |
| 2231 | - | 68.26 (1) sell cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 2232 | - | 68.27consumer products to a person who is visibly intoxicated; | |
| 2233 | - | 68.28 (2) knowingly sell more cannabis flower, cannabis products, lower-potency hemp edibles, | |
| 2234 | - | 68.29or hemp-derived consumer products than a customer is legally permitted to possess; | |
| 2235 | - | 68.30 (3) give away immature cannabis plants or seedlings, cannabis flower, cannabis products, | |
| 2236 | - | 68.31lower-potency hemp edibles, or hemp-derived consumer products; | |
| 2237 | - | 68.32 (4) operate a drive-through window; | |
| 2238 | - | 68Article 1 Sec. 27. | |
| 2239 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 69.1 (5) allow for the dispensing of cannabis plants, cannabis flower, cannabis products, | |
| 2240 | - | 69.2lower-potency hemp edibles, or hemp-derived consumer products in vending machines; or | |
| 2241 | - | 69.3 (6) sell cannabis plants, cannabis flower, or cannabis products if the cannabis retailer | |
| 2242 | - | 69.4knows that any required security or statewide monitoring systems are not operational. | |
| 2243 | - | 69.5 Subd. 13.Adult-use and medical cannabis; colocation.(a) A cannabis business with | |
| 2244 | - | 69.6a license or endorsement authorizing the retail sale of adult-use cannabis flower or adult-use | |
| 2245 | - | 69.7cannabis products that is also a licensed medical cannabis retailer may sell medical cannabis | |
| 2246 | - | 69.8flower and medical cannabinoid products on a portion of the business's premises. | |
| 2247 | - | 69.9 (b) The premises must provide an appropriate space for a pharmacist employee of the | |
| 2248 | - | 69.10medical cannabis retailer to consult with a patient to determine the proper type of medical | |
| 2249 | - | 69.11cannabis flower and medical cannabinoid products and proper dosage for the patient. | |
| 2250 | - | 69.12 Subd. 14.Exception.Nothing in this section applies to the operations of a lower-potency | |
| 2251 | - | 69.13hemp edible retailer. | |
| 2252 | - | 69.14Sec. 28. [342.28] CANNABIS MICROBUSINESS LICENSING AND OPERATIONS. | |
| 2253 | - | 69.15 Subdivision 1.Authorized actions.A cannabis microbusiness license, consistent with | |
| 2254 | - | 69.16the specific license endorsement or endorsements, entitles the license holder to perform any | |
| 2255 | - | 69.17or all of the following within the limits established by this section: | |
| 2256 | - | 69.18 (1) grow cannabis plants from seed or immature plant to mature plant and harvest | |
| 2257 | - | 69.19cannabis flower from a mature plant; | |
| 2258 | - | 69.20 (2) make cannabis concentrate; | |
| 2259 | - | 69.21 (3) make hemp concentrate, including hemp concentrate with a delta-9 | |
| 2260 | - | 69.22tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; | |
| 2261 | - | 69.23 (4) manufacture artificially derived cannabinoids; | |
| 2262 | - | 69.24 (5) manufacture adult-use cannabis products, lower-potency hemp edibles, and | |
| 2263 | - | 69.25hemp-derived consumer products for public consumption; | |
| 2264 | - | 69.26 (6) purchase immature cannabis plants and seedlings and cannabis flower from another | |
| 2265 | - | 69.27cannabis microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, or a cannabis | |
| 2266 | - | 69.28wholesaler; | |
| 2267 | - | 69.29 (7) purchase hemp plant parts and propagules from an industrial hemp grower licensed | |
| 2268 | - | 69.30under chapter 18K; | |
| 2176 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 67.1flower, cannabis products, and hemp-derived consumer products in a limited access area. | |
| 2177 | + | 67.2Deliveries may not be accepted through the public access areas unless otherwise approved | |
| 2178 | + | 67.3by the office. | |
| 2179 | + | 67.4 Subd. 12.Prohibitions.A cannabis business with a license or endorsement authorizing | |
| 2180 | + | 67.5the retail sale of cannabis flower or cannabis products shall not: | |
| 2181 | + | 67.6 (1) sell cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 2182 | + | 67.7consumer products to a person who is visibly intoxicated; | |
| 2183 | + | 67.8 (2) knowingly sell more cannabis flower, cannabis products, lower-potency hemp edibles, | |
| 2184 | + | 67.9or hemp-derived consumer products than a customer is legally permitted to possess; | |
| 2185 | + | 67.10 (3) give away immature cannabis plants or seedlings, cannabis flower, cannabis products, | |
| 2186 | + | 67.11lower-potency hemp edibles, or hemp-derived consumer products; | |
| 2187 | + | 67.12 (4) operate a drive-through window; | |
| 2188 | + | 67.13 (5) allow for the dispensing of cannabis plants, cannabis flower, cannabis products, | |
| 2189 | + | 67.14lower-potency hemp edibles, or hemp-derived consumer products in vending machines; or | |
| 2190 | + | 67.15 (6) sell cannabis plants, cannabis flower, or cannabis products if the cannabis retailer | |
| 2191 | + | 67.16knows that any required security or statewide monitoring systems are not operational. | |
| 2192 | + | 67.17 Subd. 13.Adult-use and medical cannabis; colocation.(a) A cannabis business with | |
| 2193 | + | 67.18a license or endorsement authorizing the retail sale of adult-use cannabis flower or adult-use | |
| 2194 | + | 67.19cannabis products that is also a licensed medical cannabis retailer may sell medical cannabis | |
| 2195 | + | 67.20flower and medical cannabinoid products on a portion of the business's premises. | |
| 2196 | + | 67.21 (b) The portion of the premises of the cannabis business where medical cannabis flower | |
| 2197 | + | 67.22and medical cannabinoid products are sold must be definite and distinct from all other areas | |
| 2198 | + | 67.23of the cannabis retailer and must provide an appropriate space for a pharmacist employee | |
| 2199 | + | 67.24of the medical cannabis retailer to consult with a patient to determine the proper type of | |
| 2200 | + | 67.25medical cannabis flower and medical cannabinoid products and proper dosage for the patient. | |
| 2201 | + | 67.26 Subd. 14.Exception.Nothing in this section applies to the operations of a lower-potency | |
| 2202 | + | 67.27hemp edible retailer. | |
| 2203 | + | 67.28Sec. 28. [342.28] CANNABIS MICROBUSINESS LICENSING AND OPERATIONS. | |
| 2204 | + | 67.29 Subdivision 1.Authorized actions.A cannabis microbusiness license, consistent with | |
| 2205 | + | 67.30the specific license endorsement or endorsements, entitles the license holder to perform any | |
| 2206 | + | 67.31or all of the following within the limits established by this section: | |
| 2207 | + | 67Article 1 Sec. 28. | |
| 2208 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 68.1 (1) grow cannabis plants from seed or immature plant to mature plant and harvest | |
| 2209 | + | 68.2cannabis flower from a mature plant; | |
| 2210 | + | 68.3 (2) make cannabis concentrate; | |
| 2211 | + | 68.4 (3) make hemp concentrate, including hemp concentrate with a delta-9 | |
| 2212 | + | 68.5tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; | |
| 2213 | + | 68.6 (4) manufacture artificially derived cannabinoids; | |
| 2214 | + | 68.7 (5) manufacture adult-use cannabis products, lower-potency hemp edibles, and | |
| 2215 | + | 68.8hemp-derived consumer products for public consumption; | |
| 2216 | + | 68.9 (6) purchase immature cannabis plants and seedlings, cannabis flower, and hemp plant | |
| 2217 | + | 68.10parts from another cannabis microbusiness, a cannabis mezzobusiness, a cannabis | |
| 2218 | + | 68.11manufacturer, a cannabis wholesaler, or an industrial hemp grower; | |
| 2219 | + | 68.12 (7) purchase cannabis concentrate, hemp concentrate, and artificially derived cannabinoids | |
| 2220 | + | 68.13from another cannabis microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, | |
| 2221 | + | 68.14a cannabis wholesaler, or a licensed hemp grower for use in manufacturing adult-use cannabis | |
| 2222 | + | 68.15products, lower-potency hemp edibles, or hemp-derived consumer products; | |
| 2223 | + | 68.16 (8) package and label adult-use cannabis flower, adult-use cannabis products, | |
| 2224 | + | 68.17lower-potency hemp edibles, and hemp-derived consumer products for sale to customers; | |
| 2225 | + | 68.18 (9) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use | |
| 2226 | + | 68.19cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and | |
| 2227 | + | 68.20other products authorized by law to other cannabis businesses and to customers; | |
| 2228 | + | 68.21 (10) operate an establishment that permits on-site consumption of edible cannabis | |
| 2229 | + | 68.22products and lower-potency hemp edibles; and | |
| 2230 | + | 68.23 (11) perform other actions approved by the office. | |
| 2231 | + | 68.24 Subd. 2.Size limitations.(a) A cannabis microbusiness that cultivates cannabis at an | |
| 2232 | + | 68.25indoor facility may cultivate up to 2,000 square feet of plant canopy unless the office, by | |
| 2233 | + | 68.26rule, increases that limit. The office may, by rule, increase the limit on plant canopy to no | |
| 2234 | + | 68.27more than 5,000 square feet if the office determines that expansion is consistent with the | |
| 2235 | + | 68.28goals identified in section 342.02, subdivision 1. Limitations on plant canopy apply to the | |
| 2236 | + | 68.29area in which mature, flowering plants are cultivated. A cannabis microbusiness may not | |
| 2237 | + | 68.30operate multiple tiers of cultivation. | |
| 2238 | + | 68.31 (b) A cannabis microbusiness that cultivates cannabis at an outdoor location may cultivate | |
| 2239 | + | 68.32up to one-half acre of mature, flowering plants unless the office, by rule, increases that limit. | |
| 2240 | + | 68Article 1 Sec. 28. | |
| 2241 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 69.1The office may, by rule, increase the limit to no more than one acre if the office determines | |
| 2242 | + | 69.2that expansion is consistent with the goals identified in section 342.02, subdivision 1. | |
| 2243 | + | 69.3 (c) The office shall, by rule, establish a limit on the manufacturing of cannabis products, | |
| 2244 | + | 69.4lower-potency hemp edibles, or hemp-derived consumer products a cannabis microbusiness | |
| 2245 | + | 69.5that manufactures such products may perform. The limit must be equivalent to the amount | |
| 2246 | + | 69.6of cannabis flower that can be harvested from a facility with a plant canopy of 2,000 square | |
| 2247 | + | 69.7feet in a year, but may be increased to the amount that can be harvested from a facility with | |
| 2248 | + | 69.8up to 5,000 square feet of plant canopy if the office expands the allowable area of cultivation | |
| 2249 | + | 69.9under paragraph (a). | |
| 2250 | + | 69.10 (d) A cannabis microbusiness with the appropriate endorsement may operate one retail | |
| 2251 | + | 69.11location. | |
| 2252 | + | 69.12 Subd. 3.Additional information required.In addition to the information required to | |
| 2253 | + | 69.13be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2254 | + | 69.14a person, cooperative, or business seeking a cannabis microbusiness license must submit | |
| 2255 | + | 69.15the following information in a form approved by the office: | |
| 2256 | + | 69.16 (1) an operating plan demonstrating the proposed layout of the facility, including a | |
| 2257 | + | 69.17diagram of ventilation and filtration systems; plans for wastewater and waste disposal for | |
| 2258 | + | 69.18any cultivation or manufacturing activities; plans for providing electricity, water, and other | |
| 2259 | + | 69.19utilities necessary for the normal operation of any cultivation or manufacturing activities; | |
| 2260 | + | 69.20plans for compliance with applicable building codes and federal and state environmental | |
| 2261 | + | 69.21and workplace safety requirements and policies; and plans to avoid sales to unlicensed | |
| 2262 | + | 69.22cannabis businesses and individuals under 21 years of age; | |
| 2263 | + | 69.23 (2) if the applicant is seeking an endorsement to cultivate cannabis plants and harvest | |
| 2264 | + | 69.24cannabis flower, a cultivation plan demonstrating the proposed size and layout of the | |
| 2265 | + | 69.25cultivation facility that will be used exclusively for cultivation, including the total amount | |
| 2266 | + | 69.26of plant canopy; | |
| 2267 | + | 69.27 (3) if the applicant is seeking an endorsement to create cannabis concentrate, hemp | |
| 2268 | + | 69.28concentrate, or artificial cannabinoids, information identifying all methods of extraction, | |
| 2269 | + | 69.29concentration, or conversion that the applicant intends to use and the volatile chemicals and | |
| 2270 | + | 69.30catalysts, if any, that will be involved in extraction, concentration, or creation; and | |
| 2271 | + | 69.31 (4) evidence that the applicant will comply with the applicable operation requirements | |
| 2272 | + | 69.32for the license being sought. | |
| 2269 | 2273 | 69Article 1 Sec. 28. | |
| 2270 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 70.1 (8) purchase hemp concentrate from an industrial hemp processor licensed under chapter | |
| 2271 | - | 70.218K; | |
| 2272 | - | 70.3 (9) purchase cannabis concentrate, hemp concentrate, and artificially derived cannabinoids | |
| 2273 | - | 70.4from another cannabis microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, | |
| 2274 | - | 70.5or a cannabis wholesaler for use in manufacturing adult-use cannabis products, lower-potency | |
| 2275 | - | 70.6hemp edibles, or hemp-derived consumer products; | |
| 2276 | - | 70.7 (10) package and label adult-use cannabis flower, adult-use cannabis products, | |
| 2277 | - | 70.8lower-potency hemp edibles, and hemp-derived consumer products for sale to customers; | |
| 2278 | - | 70.9 (11) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use | |
| 2279 | - | 70.10cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and | |
| 2280 | - | 70.11other products authorized by law to other cannabis businesses and to customers; | |
| 2281 | - | 70.12 (12) operate an establishment that permits on-site consumption of edible cannabis | |
| 2282 | - | 70.13products and lower-potency hemp edibles; and | |
| 2283 | - | 70.14 (13) perform other actions approved by the office. | |
| 2284 | - | 70.15 Subd. 2.Size limitations.(a) A cannabis microbusiness that cultivates cannabis at an | |
| 2285 | - | 70.16indoor facility may cultivate up to 5,000 square feet of plant canopy. The office may adjust | |
| 2286 | - | 70.17plant canopy limits upward to meet market demand consistent with the goals identified in | |
| 2287 | - | 70.18section 342.02, subdivision 1. | |
| 2288 | - | 70.19 (b) A cannabis microbusiness that cultivates cannabis at an outdoor location may cultivate | |
| 2289 | - | 70.20up to one-half acre of mature, flowering plants unless the office increases that limit. The | |
| 2290 | - | 70.21office may increase the limit to no more than one acre if the office determines that expansion | |
| 2291 | - | 70.22is consistent with the goals identified in section 342.02, subdivision 1. | |
| 2292 | - | 70.23 (c) The office shall establish a limit on the manufacturing of cannabis products, | |
| 2293 | - | 70.24lower-potency hemp edibles, or hemp-derived consumer products a cannabis microbusiness | |
| 2294 | - | 70.25that manufactures such products may perform. The limit must be equivalent to the amount | |
| 2295 | - | 70.26of cannabis flower that can be harvested from a facility with a plant canopy of 5,000 square | |
| 2296 | - | 70.27feet in a year, but may be increased if the office expands the allowable area of cultivation | |
| 2297 | - | 70.28under paragraph (a). | |
| 2298 | - | 70.29 (d) A cannabis microbusiness with the appropriate endorsement may operate one retail | |
| 2299 | - | 70.30location. | |
| 2300 | - | 70.31 Subd. 3.Additional information required.In addition to the information required to | |
| 2301 | - | 70.32be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2274 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 70.1 Subd. 4.Exception.The requirement of an attestation signed by a bona fide labor | |
| 2275 | + | 70.2organization stating that the applicant has entered into a labor peace agreement is not required | |
| 2276 | + | 70.3as part of an application for a cannabis microbusiness license. | |
| 2277 | + | 70.4 Subd. 5.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2278 | + | 70.5cannabis microbusiness license may also hold a cannabis event organizer license. | |
| 2279 | + | 70.6 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2280 | + | 70.7cannabis microbusiness license may own or operate any other cannabis business or hemp | |
| 2281 | + | 70.8business or hold more than one cannabis microbusiness license. | |
| 2282 | + | 70.9 (c) For purposes of this subdivision, a restriction on the number or type of license that | |
| 2283 | + | 70.10a business may hold applies to every cooperative member or every director, manager, and | |
| 2284 | + | 70.11general partner of a cannabis business. | |
| 2285 | + | 70.12 Subd. 6.Cultivation endorsement.A cannabis microbusiness that cultivates cannabis | |
| 2286 | + | 70.13plants and harvests cannabis flower must comply with the requirements in section 342.25. | |
| 2287 | + | 70.14 Subd. 7.Extraction and concentration endorsement.A cannabis microbusiness that | |
| 2288 | + | 70.15creates cannabis concentrate must comply with the requirements in section 342.26, | |
| 2289 | + | 70.16subdivisions 2 and 3. | |
| 2290 | + | 70.17 Subd. 8.Production of customer products endorsement.A cannabis microbusiness | |
| 2291 | + | 70.18that manufacturers edible cannabis products, lower-potency hemp products, or hemp-derived | |
| 2292 | + | 70.19consumer products must comply with the requirements in section 342.26, subdivisions 2 | |
| 2293 | + | 70.20and 4. | |
| 2294 | + | 70.21 Subd. 9.Retail operations endorsement.A cannabis microbusiness that operates a | |
| 2295 | + | 70.22retail location must comply with the requirements in section 342.27. | |
| 2296 | + | 70.23 Subd. 10.On-site consumption endorsement.(a) A cannabis microbusiness may permit | |
| 2297 | + | 70.24on-site consumption of edible cannabis products and lower-potency hemp edibles on a | |
| 2298 | + | 70.25portion of its premises. | |
| 2299 | + | 70.26 (b) The portion of the premises of the cannabis microbusiness where on-site consumption | |
| 2300 | + | 70.27is permitted must be definite and distinct from all other areas of the microbusiness and must | |
| 2301 | + | 70.28be accessed through a distinct entrance. | |
| 2302 | + | 70.29 (c) Edible cannabis products and lower-potency hemp edibles sold for on-site | |
| 2303 | + | 70.30consumption must comply with this chapter and rules adopted pursuant to this chapter | |
| 2304 | + | 70.31regarding the testing, packaging, and labeling of cannabinoid products. | |
| 2302 | 2305 | 70Article 1 Sec. 28. | |
| 2303 | - | REVISOR BD H0100- | |
| 2304 | - | 71. | |
| 2305 | - | 71. | |
| 2306 | - | 71. | |
| 2307 | - | 71. | |
| 2308 | - | 71. | |
| 2309 | - | 71. | |
| 2310 | - | 71. | |
| 2311 | - | 71. | |
| 2312 | - | 71.10 ( | |
| 2313 | - | 71. | |
| 2314 | - | 71. | |
| 2315 | - | 71. | |
| 2316 | - | 71.14 ( | |
| 2317 | - | 71. | |
| 2318 | - | 71. | |
| 2319 | - | 71. | |
| 2320 | - | 71. | |
| 2321 | - | 71. | |
| 2322 | - | 71. | |
| 2323 | - | 71. | |
| 2324 | - | 71. | |
| 2325 | - | 71. | |
| 2326 | - | 71. | |
| 2327 | - | 71. | |
| 2328 | - | 71. | |
| 2329 | - | 71. | |
| 2330 | - | 71.28 ( | |
| 2331 | - | 71. | |
| 2332 | - | 71. | |
| 2333 | - | 71.31 | |
| 2334 | - | 71. | |
| 2306 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 71.1 (d) Edible cannabinoid products and lower-potency hemp edibles sold for on-site | |
| 2307 | + | 71.2consumption must be served in the required packaging but may be removed from the | |
| 2308 | + | 71.3products' packaging by customers and consumed on site. | |
| 2309 | + | 71.4 (e) Food and beverages not otherwise prohibited by this subdivision may be prepared | |
| 2310 | + | 71.5and sold on site provided that the cannabis microbusiness complies with all relevant state | |
| 2311 | + | 71.6and local laws, ordinances, licensing requirements, and zoning requirements. | |
| 2312 | + | 71.7 (f) A cannabis microbusiness shall ensure that the display and consumption of any edible | |
| 2313 | + | 71.8cannabis product or lower-potency hemp edible is not visible from outside of the licensed | |
| 2314 | + | 71.9premises of the business. | |
| 2315 | + | 71.10 (g) A cannabis microbusiness may offer recorded or live entertainment, provided that | |
| 2316 | + | 71.11the cannabis microbusiness complies with all relevant state and local laws, ordinances, | |
| 2317 | + | 71.12licensing requirements, and zoning requirements. | |
| 2318 | + | 71.13 (h) A cannabis microbusiness may not: | |
| 2319 | + | 71.14 (1) sell an edible cannabis product or a lower-potency hemp edible to an individual who | |
| 2320 | + | 71.15is under 21 years of age; | |
| 2321 | + | 71.16 (2) permit an individual who is under 21 years of age to enter the premises; | |
| 2322 | + | 71.17 (3) sell more than one single serving of an edible cannabis product or a lower-potency | |
| 2323 | + | 71.18hemp edible to a customer; | |
| 2324 | + | 71.19 (4) sell an edible cannabis product or a lower-potency hemp edible to a person who is | |
| 2325 | + | 71.20visibly intoxicated; | |
| 2326 | + | 71.21 (5) sell or allow the sale or consumption of alcohol or tobacco on the premises; | |
| 2327 | + | 71.22 (6) sell products that are intended to be eaten or consumed as a drink, other than packaged | |
| 2328 | + | 71.23and labeled edible cannabis products and lower-potency hemp edibles, that contain cannabis | |
| 2329 | + | 71.24flower or hemp plant parts or are infused with cannabis concentrate, hemp concentrate, or | |
| 2330 | + | 71.25artificially derived cannabinoids; | |
| 2331 | + | 71.26 (7) permit edible cannabis products or lower-potency hemp edibles sold in the portion | |
| 2332 | + | 71.27of the area designated for on-site consumption to be removed from that area; | |
| 2333 | + | 71.28 (8) permit adult-use cannabis flower, adult-use cannabis products, hemp-derived consumer | |
| 2334 | + | 71.29products, or tobacco to be consumed through smoking or a vaporized delivery method on | |
| 2335 | + | 71.30the premises; or | |
| 2336 | + | 71.31 (9) distribute or allow free samples of cannabis flower, cannabis products, lower-potency | |
| 2337 | + | 71.32hemp edibles, or hemp-derived consumer products. | |
| 2335 | 2338 | 71Article 1 Sec. 28. | |
| 2336 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 72.1 Subd. 7.Extraction and concentration endorsement.A cannabis microbusiness that | |
| 2337 | - | 72.2creates cannabis concentrate must comply with the requirements in section 342.26, | |
| 2338 | - | 72.3subdivisions 2 and 3. | |
| 2339 | - | 72.4 Subd. 8.Production of customer products endorsement.A cannabis microbusiness | |
| 2340 | - | 72.5that manufacturers edible cannabis products, lower-potency hemp products, or hemp-derived | |
| 2341 | - | 72.6consumer products must comply with the requirements in section 342.26, subdivisions 2 | |
| 2342 | - | 72.7and 4. | |
| 2343 | - | 72.8 Subd. 9.Retail operations endorsement.A cannabis microbusiness that operates a | |
| 2344 | - | 72.9retail location must comply with the requirements in section 342.27. | |
| 2345 | - | 72.10 Subd. 10.On-site consumption endorsement.(a) A cannabis microbusiness may permit | |
| 2346 | - | 72.11on-site consumption of edible cannabis products and lower-potency hemp edibles on a | |
| 2347 | - | 72.12portion of its premises. | |
| 2348 | - | 72.13 (b) The portion of the premises in which on-site consumption is permitted must be | |
| 2349 | - | 72.14definite and distinct from all other areas of the microbusiness and must be accessed through | |
| 2350 | - | 72.15a distinct entrance. | |
| 2351 | - | 72.16 (c) Edible cannabis products and lower-potency hemp edibles sold for on-site | |
| 2352 | - | 72.17consumption must comply with this chapter and rules adopted pursuant to this chapter | |
| 2353 | - | 72.18regarding the testing, packaging, and labeling of cannabinoid products. | |
| 2354 | - | 72.19 (d) Edible cannabinoid products and lower-potency hemp edibles sold for on-site | |
| 2355 | - | 72.20consumption must be served in the required packaging but may be removed from the | |
| 2356 | - | 72.21products' packaging by customers and consumed on site. | |
| 2357 | - | 72.22 (e) Food and beverages not otherwise prohibited by this subdivision may be prepared | |
| 2358 | - | 72.23and sold on site provided that the cannabis microbusiness complies with all relevant state | |
| 2359 | - | 72.24and local laws, ordinances, licensing requirements, and zoning requirements. | |
| 2360 | - | 72.25 (f) A cannabis microbusiness shall ensure that the display and consumption of any edible | |
| 2361 | - | 72.26cannabis product or lower-potency hemp edible is not visible from outside of the licensed | |
| 2362 | - | 72.27premises of the business. | |
| 2363 | - | 72.28 (g) A cannabis microbusiness may offer recorded or live entertainment, provided that | |
| 2364 | - | 72.29the cannabis microbusiness complies with all relevant state and local laws, ordinances, | |
| 2365 | - | 72.30licensing requirements, and zoning requirements. | |
| 2366 | - | 72.31 (h) A cannabis microbusiness may not: | |
| 2367 | - | 72Article 1 Sec. 28. | |
| 2368 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 73.1 (1) sell an edible cannabis product or a lower-potency hemp edible to an individual who | |
| 2369 | - | 73.2is under 21 years of age; | |
| 2370 | - | 73.3 (2) permit an individual who is under 21 years of age to enter the premises; | |
| 2371 | - | 73.4 (3) sell an edible cannabis product or a lower-potency hemp edible to a person who is | |
| 2372 | - | 73.5visibly intoxicated; | |
| 2373 | - | 73.6 (4) sell or allow the sale or consumption of alcohol or tobacco on the premises; | |
| 2374 | - | 73.7 (5) sell products that are intended to be eaten or consumed as a drink, other than packaged | |
| 2375 | - | 73.8and labeled edible cannabis products and lower-potency hemp edibles, that contain cannabis | |
| 2376 | - | 73.9flower or hemp plant parts or are infused with cannabis concentrate, hemp concentrate, or | |
| 2377 | - | 73.10artificially derived cannabinoids; | |
| 2378 | - | 73.11 (6) permit edible cannabis products or lower-potency hemp edibles sold in the portion | |
| 2379 | - | 73.12of the area designated for on-site consumption to be removed from that area; | |
| 2380 | - | 73.13 (7) permit adult-use cannabis flower, adult-use cannabis products, hemp-derived consumer | |
| 2381 | - | 73.14products, or tobacco to be consumed through smoking or a vaporized delivery method on | |
| 2382 | - | 73.15the premises; or | |
| 2383 | - | 73.16 (8) distribute or allow free samples of cannabis flower, cannabis products, lower-potency | |
| 2384 | - | 73.17hemp edibles, or hemp-derived consumer products. | |
| 2385 | - | 73.18Sec. 29. [342.29] CANNABIS MEZZOBUSINESS LICENSING AND OPERATIONS. | |
| 2386 | - | 73.19 Subdivision 1.Authorized actions.A cannabis mezzobusiness license, consistent with | |
| 2387 | - | 73.20the specific license endorsement or endorsements, entitles the license holder to perform any | |
| 2388 | - | 73.21or all of the following within the limits established by this section: | |
| 2389 | - | 73.22 (1) grow cannabis plants from seed or immature plant to mature plant and harvest | |
| 2390 | - | 73.23cannabis flower from a mature plant for use as adult-use cannabis flower or for use in | |
| 2391 | - | 73.24adult-use cannabis products; | |
| 2392 | - | 73.25 (2) grow cannabis plants from seed or immature plant to mature plant and harvest | |
| 2393 | - | 73.26cannabis flower from a mature plant for use as medical cannabis flower or for use in medical | |
| 2394 | - | 73.27cannabinoid products; | |
| 2395 | - | 73.28 (3) make cannabis concentrate; | |
| 2396 | - | 73.29 (4) make hemp concentrate, including hemp concentrate with a delta-9 | |
| 2397 | - | 73.30tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; | |
| 2398 | - | 73.31 (5) manufacture artificially derived cannabinoids; | |
| 2339 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 72.1 Sec. 29. [342.29] CANNABIS MEZZOBUSINESS LICENSING AND OPERATIONS. | |
| 2340 | + | 72.2 Subdivision 1.Authorized actions.A cannabis mezzobusiness license, consistent with | |
| 2341 | + | 72.3the specific license endorsement or endorsements, entitles the license holder to perform any | |
| 2342 | + | 72.4or all of the following within the limits established by this section: | |
| 2343 | + | 72.5 (1) grow cannabis plants from seed or immature plant to mature plant and harvest | |
| 2344 | + | 72.6cannabis flower from a mature plant; | |
| 2345 | + | 72.7 (2) make cannabis concentrate; | |
| 2346 | + | 72.8 (3) make hemp concentrate, including hemp concentrate with a delta-9 | |
| 2347 | + | 72.9tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; | |
| 2348 | + | 72.10 (4) manufacture artificially derived cannabinoids; | |
| 2349 | + | 72.11 (5) manufacture adult-use cannabis products, lower-potency hemp edibles, and | |
| 2350 | + | 72.12hemp-derived consumer products for public consumption; | |
| 2351 | + | 72.13 (6) purchase immature cannabis plants and seedlings, cannabis flower, and hemp plant | |
| 2352 | + | 72.14parts from a cannabis microbusiness, another cannabis mezzobusiness, a cannabis | |
| 2353 | + | 72.15manufacturer, a cannabis wholesaler, or an industrial hemp grower; | |
| 2354 | + | 72.16 (7) purchase cannabis concentrate, hemp concentrate, and artificially derived cannabinoids | |
| 2355 | + | 72.17from a cannabis microbusiness, another cannabis mezzobusiness, a cannabis manufacturer, | |
| 2356 | + | 72.18a cannabis wholesaler, or a licensed hemp grower for use in manufacturing adult-use cannabis | |
| 2357 | + | 72.19products, lower-potency hemp edibles, or hemp-derived consumer products; | |
| 2358 | + | 72.20 (8) package and label adult-use cannabis flower, adult-use cannabis products, | |
| 2359 | + | 72.21lower-potency hemp edibles, and hemp-derived consumer products for sale to customers; | |
| 2360 | + | 72.22 (9) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use | |
| 2361 | + | 72.23cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and | |
| 2362 | + | 72.24other products authorized by law to other cannabis businesses and to customers; and | |
| 2363 | + | 72.25 (10) perform other actions approved by the office. | |
| 2364 | + | 72.26 Subd. 2.Size limitations.(a) A cannabis mezzobusiness that cultivates cannabis at an | |
| 2365 | + | 72.27indoor facility may cultivate up to 5,000 square feet of plant canopy unless the office, by | |
| 2366 | + | 72.28rule, increases that limit. The office may, by rule, increase the limit on plant canopy to no | |
| 2367 | + | 72.29more than 15,000 cubic feet if the office determines that expansion is consistent with the | |
| 2368 | + | 72.30goals identified in section 342.02, subdivision 1. Limitations on plant canopy apply to the | |
| 2369 | + | 72.31area in which mature, flowering plants are cultivated. A cannabis mezzobusiness may not | |
| 2370 | + | 72.32operate multiple tiers of cultivation unless authorized by the office. | |
| 2371 | + | 72Article 1 Sec. 29. | |
| 2372 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 73.1 (b) A cannabis mezzobusiness that cultivates cannabis at an outdoor location may | |
| 2373 | + | 73.2cultivate up to one acre of mature, flowering plants unless the office, by rule, increases that | |
| 2374 | + | 73.3limit. The office may, by rule, increase the limit to no more than three acres if the office | |
| 2375 | + | 73.4determines that expansion is consistent with the goals identified in section 342.02, subdivision | |
| 2376 | + | 73.51. | |
| 2377 | + | 73.6 (c) The office shall, by rule, establish a limit on the manufacturing of cannabis products, | |
| 2378 | + | 73.7lower-potency hemp edibles, or hemp-derived consumer products a cannabis mezzobusiness | |
| 2379 | + | 73.8that manufactures such products may perform. The limit must be equivalent to the amount | |
| 2380 | + | 73.9of cannabis flower that can be harvested from a facility with a plant canopy of 5,000 square | |
| 2381 | + | 73.10feet in a year but may be increased to the amount that can be harvested from a facility with | |
| 2382 | + | 73.11up to 15,000 cubic feet of plant canopy if the office expands the allowable area of cultivation | |
| 2383 | + | 73.12under paragraph (a). | |
| 2384 | + | 73.13 (d) A cannabis mezzobusiness with the appropriate endorsement may operate up to three | |
| 2385 | + | 73.14retail locations. | |
| 2386 | + | 73.15 Subd. 3.Additional information required.In addition to the information required to | |
| 2387 | + | 73.16be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2388 | + | 73.17a person, cooperative, or business seeking a cannabis mezzobusiness license must submit | |
| 2389 | + | 73.18the following information in a form approved by the office: | |
| 2390 | + | 73.19 (1) an operating plan demonstrating the proposed layout of the facility, including a | |
| 2391 | + | 73.20diagram of ventilation and filtration systems; plans for wastewater and waste disposal for | |
| 2392 | + | 73.21any cultivation or manufacturing activities; plans for providing electricity, water, and other | |
| 2393 | + | 73.22utilities necessary for the normal operation of any cultivation or manufacturing activities; | |
| 2394 | + | 73.23plans for compliance with applicable building code and federal and state environmental and | |
| 2395 | + | 73.24workplace safety requirements and policies; and plans to avoid sales to unlicensed cannabis | |
| 2396 | + | 73.25businesses and individuals under 21 years of age; | |
| 2397 | + | 73.26 (2) if the applicant is seeking an endorsement to cultivate cannabis plants and harvest | |
| 2398 | + | 73.27cannabis flower, a cultivation plan demonstrating the proposed size and layout of the | |
| 2399 | + | 73.28cultivation facility that will be used exclusively for cultivation, including the total amount | |
| 2400 | + | 73.29of plant canopy; | |
| 2401 | + | 73.30 (3) if the applicant is seeking an endorsement to create cannabis concentrate, hemp | |
| 2402 | + | 73.31concentrate, or artificial cannabinoids, information identifying all methods of extraction, | |
| 2403 | + | 73.32concentration, or conversion that the applicant intends to use and the volatile chemicals and | |
| 2404 | + | 73.33catalysts, if any, that will be involved in extraction, concentration, or creation; and | |
| 2399 | 2405 | 73Article 1 Sec. 29. | |
| 2400 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 74.1 (6) manufacture adult-use cannabis products, lower-potency hemp edibles, and | |
| 2401 | - | 74.2hemp-derived consumer products for public consumption; | |
| 2402 | - | 74.3 (7) process medical cannabinoid products; | |
| 2403 | - | 74.4 (8) purchase immature cannabis plants and seedlings and cannabis flower from a cannabis | |
| 2404 | - | 74.5microbusiness, another cannabis mezzobusiness, a cannabis manufacturer, or a cannabis | |
| 2405 | - | 74.6wholesaler; | |
| 2406 | - | 74.7 (9) purchase cannabis concentrate, hemp concentrate, and synthetically derived | |
| 2407 | - | 74.8cannabinoids from a cannabis microbusiness, another cannabis mezzobusiness, a cannabis | |
| 2408 | - | 74.9manufacturer, or a cannabis wholesaler for use in manufacturing adult-use cannabis products, | |
| 2409 | - | 74.10lower-potency hemp edibles, or hemp-derived consumer products; | |
| 2410 | - | 74.11 (10) purchase hemp plant parts and propagules from a licensed hemp grower licensed | |
| 2411 | - | 74.12under chapter 18K; | |
| 2412 | - | 74.13 (11) purchase hemp concentrate from an industrial hemp processor licensed under chapter | |
| 2413 | - | 74.1418K; | |
| 2414 | - | 74.15 (12) package and label adult-use cannabis flower, adult-use cannabis products, | |
| 2415 | - | 74.16lower-potency hemp edibles, and hemp-derived consumer products for sale to customers; | |
| 2416 | - | 74.17 (13) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use | |
| 2417 | - | 74.18cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and | |
| 2418 | - | 74.19other products authorized by law to other cannabis businesses and to customers; and | |
| 2419 | - | 74.20 (14) perform other actions approved by the office. | |
| 2420 | - | 74.21 Subd. 2.Size limitations.(a) A cannabis mezzobusiness that cultivates cannabis at an | |
| 2421 | - | 74.22indoor facility may cultivate up to 15,000 square feet of plant canopy. The office may adjust | |
| 2422 | - | 74.23plant canopy limits upward to meet market demand consistent with the goals identified in | |
| 2423 | - | 74.24section 342.02, subdivision 1. | |
| 2424 | - | 74.25 (b) A cannabis mezzobusiness that cultivates cannabis at an outdoor location may | |
| 2425 | - | 74.26cultivate up to one acre of mature, flowering plants unless the office increases that limit. | |
| 2426 | - | 74.27The office may increase the limit to no more than three acres if the office determines that | |
| 2427 | - | 74.28expansion is consistent with the goals identified in section 342.02, subdivision 1. | |
| 2428 | - | 74.29 (c) The office shall establish a limit on the manufacturing of cannabis products, | |
| 2429 | - | 74.30lower-potency hemp edibles, or hemp-derived consumer products a cannabis mezzobusiness | |
| 2430 | - | 74.31that manufactures such products may perform. The limit must be equivalent to the amount | |
| 2431 | - | 74.32of cannabis flower that can be harvested from a facility with a plant canopy of 15,000 square | |
| 2432 | - | 74Article 1 Sec. 29. | |
| 2433 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 75.1feet in a year but may be increased if the office expands the allowable area of cultivation | |
| 2434 | - | 75.2under paragraph (a). | |
| 2435 | - | 75.3 (d) A cannabis mezzobusiness with the appropriate endorsement may operate up to three | |
| 2436 | - | 75.4retail locations. | |
| 2437 | - | 75.5 Subd. 3.Additional information required.In addition to the information required to | |
| 2438 | - | 75.6be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2439 | - | 75.7a person, cooperative, or business seeking a cannabis mezzobusiness license must submit | |
| 2440 | - | 75.8the following information in a form approved by the office: | |
| 2441 | - | 75.9 (1) an operating plan demonstrating the proposed layout of the facility, including a | |
| 2442 | - | 75.10diagram of ventilation and filtration systems; plans for wastewater and waste disposal for | |
| 2443 | - | 75.11any cultivation or manufacturing activities; plans for providing electricity, water, and other | |
| 2444 | - | 75.12utilities necessary for the normal operation of any cultivation or manufacturing activities; | |
| 2445 | - | 75.13plans for compliance with applicable building code and federal and state environmental and | |
| 2446 | - | 75.14workplace safety requirements and policies; and plans to avoid sales to unlicensed cannabis | |
| 2447 | - | 75.15businesses and individuals under 21 years of age; | |
| 2448 | - | 75.16 (2) if the applicant is seeking an endorsement to cultivate cannabis plants and harvest | |
| 2449 | - | 75.17cannabis flower, a cultivation plan demonstrating the proposed size and layout of the | |
| 2450 | - | 75.18cultivation facility that will be used exclusively for cultivation, including the total amount | |
| 2451 | - | 75.19of plant canopy; | |
| 2452 | - | 75.20 (3) if the applicant is seeking an endorsement to create cannabis concentrate, hemp | |
| 2453 | - | 75.21concentrate, or artificial cannabinoids, information identifying all methods of extraction, | |
| 2454 | - | 75.22concentration, or conversion that the applicant intends to use and the volatile chemicals and | |
| 2455 | - | 75.23catalysts, if any, that will be involved in extraction, concentration, or creation; and | |
| 2456 | - | 75.24 (4) evidence that the applicant will comply with the applicable operation requirements | |
| 2457 | - | 75.25for the license being sought. | |
| 2458 | - | 75.26 Subd. 4.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2459 | - | 75.27cannabis mezzobusiness license may also hold a cannabis event organizer license and a | |
| 2460 | - | 75.28medical cannabis retailer license. | |
| 2461 | - | 75.29 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2462 | - | 75.30cannabis mezzobusiness license may own or operate any other cannabis business or hemp | |
| 2463 | - | 75.31business or hold more than one cannabis mezzobusiness license. | |
| 2464 | - | 75Article 1 Sec. 29. | |
| 2465 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 76.1 (d) For purposes of this subdivision, a restriction on the number or type of license that | |
| 2466 | - | 76.2a business may hold applies to every cooperative member or every director, manager, and | |
| 2406 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 74.1 (4) evidence that the applicant will comply with the applicable operation requirements | |
| 2407 | + | 74.2for the license being sought. | |
| 2408 | + | 74.3 Subd. 4.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2409 | + | 74.4cannabis mezzobusiness license may also hold a cannabis event organizer license. | |
| 2410 | + | 74.5 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2411 | + | 74.6cannabis mezzobusiness license may own or operate any other cannabis business or hemp | |
| 2412 | + | 74.7business or hold more than one cannabis mezzobusiness license. | |
| 2413 | + | 74.8 (d) For purposes of this subdivision, a restriction on the number or type of license that | |
| 2414 | + | 74.9a business may hold applies to every cooperative member or every director, manager, and | |
| 2415 | + | 74.10general partner of a cannabis business. | |
| 2416 | + | 74.11 Subd. 5.Cultivation endorsement.A cannabis mezzobusiness that cultivates cannabis | |
| 2417 | + | 74.12plants and harvests cannabis flower must comply with the requirements in section 342.25. | |
| 2418 | + | 74.13 Subd. 6.Extraction and concentration endorsement.A cannabis mezzobusiness that | |
| 2419 | + | 74.14creates cannabis concentrate must comply with the requirements in section 342.26, | |
| 2420 | + | 74.15subdivisions 2 and 3. | |
| 2421 | + | 74.16 Subd. 7.Production of customer products endorsement.A cannabis mezzobusiness | |
| 2422 | + | 74.17that manufacturers edible cannabis products, lower-potency hemp products, or hemp-derived | |
| 2423 | + | 74.18consumer products must comply with the requirements in section 342.26, subdivisions 2 | |
| 2424 | + | 74.19and 4. | |
| 2425 | + | 74.20 Subd. 8.Retail operations endorsement.A cannabis mezzobusiness that operates a | |
| 2426 | + | 74.21retail location must comply with the requirements in section 342.27. | |
| 2427 | + | 74.22Sec. 30. [342.30] CANNABIS CULTIVATOR LICENSING AND OPERATIONS. | |
| 2428 | + | 74.23 Subdivision 1.Authorized actions.A cannabis cultivator license entitles the license | |
| 2429 | + | 74.24holder to grow cannabis plants within the approved amount of space from seed or immature | |
| 2430 | + | 74.25plant to mature plant, harvest cannabis flower from a mature plant, package and label | |
| 2431 | + | 74.26immature cannabis plants and seedlings and cannabis flower for sale to other cannabis | |
| 2432 | + | 74.27businesses, transport cannabis flower to a cannabis manufacturer located on the same | |
| 2433 | + | 74.28premises, and perform other actions approved by the office. | |
| 2434 | + | 74.29 Subd. 2.Size limitations.(a) A cannabis cultivator that cultivates cannabis at an indoor | |
| 2435 | + | 74.30facility may cultivate up to 15,000 square feet of plant canopy unless the office, by rule, | |
| 2436 | + | 74.31increases that limit. The office may, by rule, increase the limit on plant canopy to no more | |
| 2437 | + | 74.32than 30,000 cubic feet if the office determines that expansion is consistent with the goals | |
| 2438 | + | 74Article 1 Sec. 30. | |
| 2439 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 75.1identified in section 342.02, subdivision 1. Limitations on plant canopy apply to the area | |
| 2440 | + | 75.2in which mature, flowering plants are cultivated. A cannabis cultivator may not operate | |
| 2441 | + | 75.3multiple tiers of cultivation unless authorized by the office. | |
| 2442 | + | 75.4 (b) A cannabis cultivator that cultivates cannabis at an outdoor location may cultivate | |
| 2443 | + | 75.5up to two acres of mature, flowering plants unless the office, by rule, increases that limit. | |
| 2444 | + | 75.6The office may, by rule, increase the limit to no more than four acres if the office determines | |
| 2445 | + | 75.7that expansion is consistent with the goals identified in section 342.02, subdivision 1. | |
| 2446 | + | 75.8 Subd. 3.Additional information required.In addition to the information required to | |
| 2447 | + | 75.9be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2448 | + | 75.10a person, cooperative, or business seeking a cannabis cultivator license must submit the | |
| 2449 | + | 75.11following information in a form approved by the office: | |
| 2450 | + | 75.12 (1) an operating plan demonstrating the proposed size and layout of the cultivation | |
| 2451 | + | 75.13facility; plans for wastewater and waste disposal for the cultivation facility; plans for | |
| 2452 | + | 75.14providing electricity, water, and other utilities necessary for the normal operation of the | |
| 2453 | + | 75.15cultivation facility; and plans for compliance with the applicable building code and federal | |
| 2454 | + | 75.16and state environmental and workplace safety requirements; | |
| 2455 | + | 75.17 (2) a cultivation plan demonstrating the proposed size and layout of the cultivation | |
| 2456 | + | 75.18facility that will be used exclusively for cultivation including the total amount of plant | |
| 2457 | + | 75.19canopy; and | |
| 2458 | + | 75.20 (3) evidence that the business will comply with the applicable operation requirements | |
| 2459 | + | 75.21for the license being sought. | |
| 2460 | + | 75.22 Subd. 4.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2461 | + | 75.23cannabis cultivator license may also hold a cannabis manufacturing license, medical cannabis | |
| 2462 | + | 75.24cultivator license, medical cannabis producer license, license to grow industrial hemp, and | |
| 2463 | + | 75.25cannabis event organizer license. | |
| 2464 | + | 75.26 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2465 | + | 75.27cannabis cultivator license may own or operate any other cannabis business or hemp business. | |
| 2466 | + | 75.28This prohibition does not prevent the transportation of cannabis flower from a cannabis | |
| 2467 | + | 75.29cultivator to a cannabis manufacturer licensed to the same person, cooperative, or business | |
| 2468 | + | 75.30and located on the same premises. | |
| 2469 | + | 75.31 (c) The office by rule may limit the number of cannabis cultivator licenses a person, | |
| 2470 | + | 75.32cooperative, or business may hold. | |
| 2471 | + | 75Article 1 Sec. 30. | |
| 2472 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 76.1 (d) For purposes of this subdivision, a restriction on the number or type of license a | |
| 2473 | + | 76.2business may hold applies to every cooperative member or every director, manager, and | |
| 2467 | 2474 | 76.3general partner of a cannabis business. | |
| 2468 | - | 76.4 Subd. 5.Cultivation endorsement.A cannabis mezzobusiness that cultivates cannabis | |
| 2469 | - | 76.5plants and harvests cannabis flower must comply with the requirements in section 342.25. | |
| 2470 | - | 76.6 Subd. 6.Extraction and concentration endorsement.A cannabis mezzobusiness that | |
| 2471 | - | 76.7creates cannabis concentrate must comply with the requirements in section 342.26, | |
| 2472 | - | 76.8subdivisions 2 and 3. | |
| 2473 | - | 76.9 Subd. 7.Production of customer products endorsement.A cannabis mezzobusiness | |
| 2474 | - | 76.10that manufacturers edible cannabis products, lower-potency hemp products, or hemp-derived | |
| 2475 | - | 76.11consumer products must comply with the requirements in section 342.26, subdivisions 2 | |
| 2476 | - | 76.12and 4. | |
| 2477 | - | 76.13 Subd. 8.Retail operations endorsement.A cannabis mezzobusiness that operates a | |
| 2478 | - | 76.14retail location must comply with the requirements in section 342.27. | |
| 2479 | - | 76.15 Subd. 9.Medical cannabis endorsement.A cannabis mezzobusiness that cultivates | |
| 2480 | - | 76.16cannabis plants for use as medical cannabis flower or for use in medical cannabinoid | |
| 2481 | - | 76.17products, processes medical cannabinoid products, or both, must comply with sections | |
| 2482 | - | 76.18342.49, paragraph (d); 342.50, paragraph (c), and any additional requirements established | |
| 2483 | - | 76.19by the office. | |
| 2484 | - | 76.20Sec. 30. [342.30] CANNABIS CULTIVATOR LICENSING AND OPERATIONS. | |
| 2485 | - | 76.21 Subdivision 1.Authorized actions.A cannabis cultivator license entitles the license | |
| 2486 | - | 76.22holder to grow cannabis plants within the approved amount of space from seed or immature | |
| 2487 | - | 76.23plant to mature plant, harvest cannabis flower from a mature plant, package and label | |
| 2488 | - | 76.24immature cannabis plants and seedlings and cannabis flower for sale to other cannabis | |
| 2489 | - | 76.25businesses, transport cannabis flower to a cannabis manufacturer located on the same | |
| 2490 | - | 76.26premises, and perform other actions approved by the office. | |
| 2491 | - | 76.27 Subd. 2.Size limitations.(a) A cannabis cultivator that cultivates cannabis at an indoor | |
| 2492 | - | 76.28facility may cultivate up to 30,000 square feet of plant canopy. The office may adjust plant | |
| 2493 | - | 76.29canopy limits upward to meet market demand consistent with the goals identified in section | |
| 2494 | - | 76.30342.02, subdivision 1. | |
| 2495 | - | 76.31 (b) A cannabis cultivator that cultivates cannabis at an outdoor location may cultivate | |
| 2496 | - | 76.32up to two acres of mature, flowering plants unless the office increases that limit. The office | |
| 2497 | - | 76Article 1 Sec. 30. | |
| 2498 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 77.1may increase the limit to no more than four acres if the office determines that expansion is | |
| 2499 | - | 77.2consistent with the goals identified in section 342.02, subdivision 1. | |
| 2500 | - | 77.3 Subd. 3.Additional information required.In addition to the information required to | |
| 2501 | - | 77.4be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2502 | - | 77.5a person, cooperative, or business seeking a cannabis cultivator license must submit the | |
| 2503 | - | 77.6following information in a form approved by the office: | |
| 2504 | - | 77.7 (1) an operating plan demonstrating the proposed size and layout of the cultivation | |
| 2505 | - | 77.8facility; plans for wastewater and waste disposal for the cultivation facility; plans for | |
| 2506 | - | 77.9providing electricity, water, and other utilities necessary for the normal operation of the | |
| 2507 | - | 77.10cultivation facility; and plans for compliance with the applicable building code and federal | |
| 2508 | - | 77.11and state environmental and workplace safety requirements; | |
| 2509 | - | 77.12 (2) a cultivation plan demonstrating the proposed size and layout of the cultivation | |
| 2510 | - | 77.13facility that will be used exclusively for cultivation including the total amount of plant | |
| 2511 | - | 77.14canopy; and | |
| 2512 | - | 77.15 (3) evidence that the business will comply with the applicable operation requirements | |
| 2513 | - | 77.16for the license being sought. | |
| 2514 | - | 77.17 Subd. 4.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2515 | - | 77.18cannabis cultivator license may also hold a cannabis manufacturing license, medical cannabis | |
| 2516 | - | 77.19cultivator license, medical cannabis producer license, license to grow industrial hemp, and | |
| 2517 | - | 77.20cannabis event organizer license. | |
| 2518 | - | 77.21 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2519 | - | 77.22cannabis cultivator license may own or operate any other cannabis business or hemp business. | |
| 2520 | - | 77.23This prohibition does not prevent the transportation of cannabis flower from a cannabis | |
| 2521 | - | 77.24cultivator to a cannabis manufacturer licensed to the same person, cooperative, or business | |
| 2522 | - | 77.25and located on the same premises. | |
| 2523 | - | 77.26 (c) The office by rule may limit the number of cannabis cultivator licenses a person, | |
| 2524 | - | 77.27cooperative, or business may hold. | |
| 2525 | - | 77.28 (d) For purposes of this subdivision, a restriction on the number or type of license a | |
| 2526 | - | 77.29business may hold applies to every cooperative member or every director, manager, and | |
| 2527 | - | 77.30general partner of a cannabis business. | |
| 2528 | - | 77.31 Subd. 5.Cultivation operations.A cannabis cultivator must comply with the | |
| 2529 | - | 77.32requirements in section 342.25. | |
| 2530 | - | 77Article 1 Sec. 30. | |
| 2531 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 78.1 Sec. 31. [342.31] CANNABIS MANUFACTURER LICENSING AND OPERATIONS. | |
| 2532 | - | 78.2 Subdivision 1.Authorized actions.A cannabis manufacturer license, consistent with | |
| 2533 | - | 78.3the specific license endorsement or endorsements, entitles the license holder to: | |
| 2534 | - | 78.4 (1) purchase cannabis flower, cannabis products, hemp plant parts, hemp concentrate, | |
| 2535 | - | 78.5and artificially derived cannabinoids from a cannabis microbusiness, a cannabis | |
| 2536 | - | 78.6mezzobusiness, a cannabis cultivator, another cannabis manufacturer, or a cannabis | |
| 2537 | - | 78.7wholesaler; | |
| 2538 | - | 78.8 (2) purchase hemp plant parts and propagules from an industrial hemp grower licensed | |
| 2539 | - | 78.9under chapter 18K; | |
| 2540 | - | 78.10 (3) purchase hemp concentrate from an industrial hemp processor licensed under chapter | |
| 2541 | - | 78.1118K; | |
| 2542 | - | 78.12 (4) accept cannabis flower from unlicensed persons who are at least 21 years of age | |
| 2543 | - | 78.13provided that the cannabis manufacturer does not accept more than two ounces from an | |
| 2544 | - | 78.14individual on a single occasion; | |
| 2545 | - | 78.15 (5) make cannabis concentrate; | |
| 2546 | - | 78.16 (6) make hemp concentrate, including hemp concentrate with a delta-9 | |
| 2547 | - | 78.17tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; | |
| 2548 | - | 78.18 (7) manufacture artificially derived cannabinoids; | |
| 2549 | - | 78.19 (8) manufacture adult-use cannabis products, lower-potency hemp edibles, and | |
| 2550 | - | 78.20hemp-derived consumer products for public consumption; | |
| 2551 | - | 78.21 (9) package and label adult-use cannabis products, lower-potency hemp edibles, and | |
| 2552 | - | 78.22hemp-derived consumer products for sale to customers; | |
| 2553 | - | 78.23 (10) sell cannabis concentrate, hemp concentrate, artificially derived cannabinoids, | |
| 2554 | - | 78.24cannabis products, lower-potency hemp edibles, and hemp-derived consumer products to | |
| 2555 | - | 78.25other cannabis businesses; and | |
| 2556 | - | 78.26 (11) perform other actions approved by the office. | |
| 2557 | - | 78.27 Subd. 2.Size limitations.The office shall establish a limit on the manufacturing of | |
| 2558 | - | 78.28cannabis products, lower-potency hemp edibles, or hemp-derived consumer products a | |
| 2559 | - | 78.29cannabis manufacturer may perform. | |
| 2560 | - | 78.30 Subd. 3.Additional information required.In addition to the information required to | |
| 2561 | - | 78.31be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2562 | - | 78Article 1 Sec. 31. | |
| 2563 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 79.1a person, cooperative, or business seeking a cannabis manufacturer license must submit the | |
| 2564 | - | 79.2following information in a form approved by the office: | |
| 2565 | - | 79.3 (1) an operating plan demonstrating the proposed layout of the facility, including a | |
| 2566 | - | 79.4diagram of ventilation and filtration systems; plans for wastewater and waste disposal for | |
| 2567 | - | 79.5the manufacturing facility; plans for providing electricity, water, and other utilities necessary | |
| 2568 | - | 79.6for the normal operation of the manufacturing facility; and plans for compliance with | |
| 2569 | - | 79.7applicable building code and federal and state environmental and workplace safety | |
| 2570 | - | 79.8requirements; and | |
| 2571 | - | 79.9 (2) evidence that the business will comply with the applicable operation requirements | |
| 2572 | - | 79.10for the endorsement being sought. | |
| 2573 | - | 79.11 Subd. 4.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2574 | - | 79.12cannabis manufacturer license may also hold a cannabis cultivator license, a medical cannabis | |
| 2575 | - | 79.13cultivator license, a medical cannabis processor license, and a cannabis event organizer | |
| 2576 | - | 79.14license. | |
| 2577 | - | 79.15 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2578 | - | 79.16cannabis manufacturer license may own or operate any other cannabis business or hemp | |
| 2579 | - | 79.17business. This prohibition does not prevent transportation of cannabis flower from a cannabis | |
| 2580 | - | 79.18cultivator to a cannabis manufacturer licensed to the same person, cooperative, or business | |
| 2581 | - | 79.19and located on the same premises. | |
| 2582 | - | 79.20 (c) The office by rule may limit the number of cannabis manufacturer licenses that a | |
| 2583 | - | 79.21person or business may hold. | |
| 2584 | - | 79.22 (d) For purposes of this subdivision, a restriction on the number or type of license that | |
| 2585 | - | 79.23a business may hold applies to every cooperative member or every director, manager, and | |
| 2586 | - | 79.24general partner of a cannabis business. | |
| 2587 | - | 79.25 Subd. 5.Manufacturing operations.A cannabis manufacturer must comply with the | |
| 2588 | - | 79.26requirements in section 342.26. | |
| 2589 | - | 79.27Sec. 32. [342.32] CANNABIS RETAILER LICENSING AND OPERATIONS. | |
| 2590 | - | 79.28 Subdivision 1.Authorized actions.A cannabis retailer license entitles the license holder | |
| 2591 | - | 79.29to: | |
| 2592 | - | 79.30 (1) purchase immature cannabis plants and seedlings, cannabis flower, cannabis products, | |
| 2593 | - | 79.31lower-potency hemp edibles, and hemp-derived consumer products from cannabis | |
| 2594 | - | 79Article 1 Sec. 32. | |
| 2595 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 80.1microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, | |
| 2596 | - | 80.2and cannabis wholesalers; | |
| 2597 | - | 80.3 (2) purchase lower-potency hemp edibles from a licensed lower-potency hemp edible | |
| 2598 | - | 80.4manufacturer; | |
| 2599 | - | 80.5 (3) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use | |
| 2600 | - | 80.6cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and | |
| 2601 | - | 80.7other products authorized by law to customers; and | |
| 2602 | - | 80.8 (4) perform other actions approved by the office. | |
| 2603 | - | 80.9 Subd. 2.Size limitations.A cannabis retailer may operate up to five retail locations. | |
| 2604 | - | 80.10 Subd. 3.Additional information required.In addition to the information required to | |
| 2605 | - | 80.11be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2606 | - | 80.12a person, cooperative, or business seeking a cannabis retail license must submit the following | |
| 2607 | - | 80.13information in a form approved by the office: | |
| 2608 | - | 80.14 (1) a list of every retail license held by the applicant and, if the applicant is a business, | |
| 2609 | - | 80.15every retail license held, either as an individual or as part of another business, by each | |
| 2610 | - | 80.16officer, director, manager, and general partner of the cannabis business; | |
| 2611 | - | 80.17 (2) an operating plan demonstrating the proposed layout of the facility, including a | |
| 2612 | - | 80.18diagram of ventilation and filtration systems; policies to avoid sales to individuals who are | |
| 2613 | - | 80.19under 21 years of age; identification of a restricted area for storage; and plans to prevent | |
| 2614 | - | 80.20the visibility of cannabis flower, cannabis products, lower-potency hemp edibles, and | |
| 2615 | - | 80.21hemp-derived consumer products to individuals outside the retail location; and | |
| 2616 | - | 80.22 (3) evidence that the business will comply with the applicable operation requirements | |
| 2617 | - | 80.23for the license being sought. | |
| 2618 | - | 80.24 Subd. 4.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2619 | - | 80.25cannabis retailer license may also hold a cannabis delivery service license, a medical cannabis | |
| 2620 | - | 80.26retailer license, and a cannabis event organizer license. | |
| 2621 | - | 80.27 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2622 | - | 80.28cannabis retailer license may own or operate any other cannabis business or hemp business. | |
| 2623 | - | 80.29 (c) No person, cooperative, or business may hold a license to own or operate more than | |
| 2624 | - | 80.30one cannabis retail business in one city and three retail businesses in one county. | |
| 2625 | - | 80.31 (d) The office by rule may limit the number of cannabis retailer licenses a person, | |
| 2626 | - | 80.32cooperative, or business may hold. | |
| 2627 | - | 80Article 1 Sec. 32. | |
| 2628 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 81.1 (e) For purposes of this subdivision, a restriction on the number or type of license a | |
| 2629 | - | 81.2business may hold applies to every cooperative member or every director, manager, and | |
| 2630 | - | 81.3general partner of a cannabis business. | |
| 2631 | - | 81.4 Subd. 5.Municipal or county cannabis store.A city or county may establish, own, | |
| 2632 | - | 81.5and operate a municipal cannabis store subject to the restrictions in this chapter. | |
| 2633 | - | 81.6 Sec. 33. [342.33] CANNABIS WHOLESALER LICENSING. | |
| 2634 | - | 81.7 Subdivision 1.Authorized actions.A cannabis wholesaler license entitles the license | |
| 2635 | - | 81.8holder to: | |
| 2636 | - | 81.9 (1) purchase immature cannabis plants and seedlings, cannabis flower, cannabis products, | |
| 2637 | - | 81.10lower-potency hemp edibles, and hemp-derived consumer products from cannabis | |
| 2638 | - | 81.11microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, | |
| 2639 | - | 81.12and cannabis microbusinesses; | |
| 2640 | - | 81.13 (2) purchase hemp plant parts and propagules from industrial hemp growers licensed | |
| 2641 | - | 81.14under chapter 18K; | |
| 2642 | - | 81.15 (3) purchase hemp concentrate from an industrial hemp processor licensed under chapter | |
| 2643 | - | 81.1618K; | |
| 2644 | - | 81.17 (4) sell immature cannabis plants and seedlings, cannabis flower, cannabis products, | |
| 2645 | - | 81.18lower-potency hemp edibles, and hemp-derived consumer products to cannabis | |
| 2646 | - | 81.19microbusinesses, cannabis mezzobusinesses, cannabis manufacturers, and cannabis retailers; | |
| 2647 | - | 81.20 (5) sell lower-potency hemp edibles to lower-potency hemp edible retailers; | |
| 2648 | - | 81.21 (6) import hemp-derived consumer products and lower-potency hemp edibles that contain | |
| 2649 | - | 81.22hemp concentrate or artificially derived cannabinoids that are derived from hemp plants or | |
| 2650 | - | 81.23hemp plant parts; and | |
| 2651 | - | 81.24 (7) perform other actions approved by the office. | |
| 2652 | - | 81.25 Subd. 2.Additional information required.In addition to the information required to | |
| 2653 | - | 81.26be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2654 | - | 81.27a person, cooperative, or business seeking a cannabis wholesaler license must submit the | |
| 2655 | - | 81.28following information in a form approved by the office: | |
| 2656 | - | 81.29 (1) an operating plan demonstrating the proposed layout of the facility including a | |
| 2657 | - | 81.30diagram of ventilation and filtration systems and policies to avoid sales to unlicensed | |
| 2658 | - | 81.31cannabis businesses; and | |
| 2659 | - | 81Article 1 Sec. 33. | |
| 2660 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 82.1 (2) evidence that the business will comply with the applicable operation requirements | |
| 2661 | - | 82.2for the license being sought. | |
| 2662 | - | 82.3 Subd. 3.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2663 | - | 82.4cannabis wholesaler license may also hold a cannabis transporter license, a cannabis delivery | |
| 2664 | - | 82.5service license, and a cannabis event organizer license. | |
| 2665 | - | 82.6 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2666 | - | 82.7cannabis wholesaler license may own or operate any other cannabis business or hemp | |
| 2667 | - | 82.8business. | |
| 2668 | - | 82.9 (c) The office by rule may limit the number of cannabis wholesaler licenses a person or | |
| 2669 | - | 82.10business may hold. | |
| 2670 | - | 82.11 (d) For purposes of this subdivision, a restriction on the number or type of license a | |
| 2671 | - | 82.12business may hold applies to every cooperative member or every director, manager, and | |
| 2672 | - | 82.13general partner of a cannabis business. | |
| 2673 | - | 82.14Sec. 34. [342.34] CANNABIS WHOLESALER OPERATIONS. | |
| 2674 | - | 82.15 Subdivision 1.Separation of products.A cannabis wholesaler must ensure that cannabis | |
| 2675 | - | 82.16plants, cannabis flower, and cannabis products are physically separated from all other | |
| 2676 | - | 82.17products, including but not limited to lower-potency hemp edibles and hemp-derived | |
| 2677 | - | 82.18consumer products, in a manner that prevents any cross-contamination. | |
| 2678 | - | 82.19 Subd. 2.Records and labels.A cannabis wholesaler must maintain accurate records | |
| 2679 | - | 82.20and ensure that appropriate labels remain affixed to cannabis plants, cannabis flower, | |
| 2680 | - | 82.21cannabis products, lower-potency hemp edibles, and hemp-derived consumer products. | |
| 2681 | - | 82.22 Subd. 3.Building conditions.(a) A cannabis wholesaler shall maintain compliance | |
| 2682 | - | 82.23with state and local building, fire, and zoning requirements or regulations. | |
| 2683 | - | 82.24 (b) A cannabis wholesaler shall ensure that the licensed premises is maintained in a | |
| 2684 | - | 82.25clean and sanitary condition, free from infestation by insects, rodents, or other pests. | |
| 2685 | - | 82.26 Subd. 4.Sale of other products.A cannabis wholesaler may purchase and sell other | |
| 2686 | - | 82.27products or items for which the cannabis wholesaler has a license or authorization or that | |
| 2687 | - | 82.28do not require a license or authorization. Products for which no license or authorization is | |
| 2688 | - | 82.29required include but are not limited to industrial hemp products, products that contain hemp | |
| 2689 | - | 82.30grain, hemp-derived topical products, and cannabis paraphernalia, including but not limited | |
| 2690 | - | 82.31to childproof packaging containers and other devices designed to ensure the safe storage | |
| 2691 | - | 82Article 1 Sec. 34. | |
| 2692 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 83.1and monitoring of cannabis flower and cannabis products in the home to prevent access by | |
| 2693 | - | 83.2individuals under 21 years of age. | |
| 2694 | - | 83.3 Subd. 5.Importation of hemp-derived products.(a) A cannabis wholesaler that imports | |
| 2695 | - | 83.4lower-potency hemp edibles or hemp-derived consumer products, other than hemp-derived | |
| 2696 | - | 83.5topical products, that are manufactured outside the boundaries of the state of Minnesota | |
| 2697 | - | 83.6with the intent to sell the products to a cannabis microbusiness, cannabis mezzobusiness, | |
| 2698 | - | 83.7cannabis retailer, or lower-potency hemp edible retailer must obtain a hemp-derived product | |
| 2699 | - | 83.8importer endorsement from the office. | |
| 2700 | - | 83.9 (b) A cannabis wholesaler with a hemp-derived product importer endorsement may sell | |
| 2701 | - | 83.10products manufactured outside the boundaries of the state of Minnesota if: | |
| 2702 | - | 83.11 (1) the manufacturer is licensed in another jurisdiction and subject to regulations designed | |
| 2703 | - | 83.12to protect the health and safety of consumers that the office determines are substantially | |
| 2704 | - | 83.13similar to the regulations in this state; or | |
| 2705 | - | 83.14 (2) the cannabis wholesaler establishes, to the satisfaction of the office, that the | |
| 2706 | - | 83.15manufacturer engages in practices that are substantially similar to the practices required for | |
| 2707 | - | 83.16licensure of manufacturers in this state. | |
| 2708 | - | 83.17 (c) The cannabis wholesaler must enter all relevant information regarding an imported | |
| 2709 | - | 83.18hemp-derived consumer product into the statewide monitoring system before the product | |
| 2710 | - | 83.19may be distributed. Relevant information includes information regarding the cultivation, | |
| 2711 | - | 83.20processing, and testing of the industrial hemp used in the manufacture of the product and | |
| 2712 | - | 83.21information regarding the testing of the hemp-derived consumer product. If information | |
| 2713 | - | 83.22regarding the industrial hemp or hemp-derived consumer product was submitted to a | |
| 2714 | - | 83.23statewide monitoring system used in another state, the office may require submission of | |
| 2715 | - | 83.24any information provided to that statewide monitoring system and shall assist in the transfer | |
| 2716 | - | 83.25of data from another state as needed and in compliance with any data classification | |
| 2717 | - | 83.26established by either state. | |
| 2718 | - | 83.27 (d) The office may suspend, revoke, or cancel the endorsement of a distributor who is | |
| 2719 | - | 83.28prohibited from distributing products containing cannabinoids in any other jurisdiction, | |
| 2720 | - | 83.29convicted of an offense involving the distribution of products containing cannabinoids in | |
| 2721 | - | 83.30any other jurisdiction, or found liable for distributing any product that injured customers in | |
| 2722 | - | 83.31any other jurisdiction. A cannabis wholesaler shall disclose all relevant information related | |
| 2723 | - | 83.32to actions in another jurisdiction. Failure to disclose relevant information may result in | |
| 2724 | - | 83.33disciplinary action by the office, including the suspension, revocation, or cancellation of | |
| 2725 | - | 83.34an endorsement or license. | |
| 2726 | - | 83Article 1 Sec. 34. | |
| 2727 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 84.1 (e) Notwithstanding any law to the contrary, it shall not be a defense in any civil or | |
| 2728 | - | 84.2criminal action that a licensed wholesaler relied on information on a product label or | |
| 2729 | - | 84.3otherwise provided by a manufacturer who is not licensed in this state. | |
| 2730 | - | 84.4 Sec. 35. [342.35] CANNABIS TRANSPORTER LICENSING. | |
| 2731 | - | 84.5 Subdivision 1.Authorized actions.A cannabis transporter license entitles the license | |
| 2732 | - | 84.6holder to transport immature cannabis plants and seedlings, cannabis flower, cannabis | |
| 2733 | - | 84.7products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, | |
| 2734 | - | 84.8lower-potency hemp edibles, and hemp-derived consumer products from cannabis | |
| 2735 | - | 84.9microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, | |
| 2736 | - | 84.10cannabis wholesalers, lower-potency hemp edible manufacturers, medical cannabis retailers, | |
| 2737 | - | 84.11medical cannabis processors, and industrial hemp growers to cannabis microbusinesses, | |
| 2738 | - | 84.12cannabis mezzobusinesses, cannabis manufacturers, cannabis testing facilities, cannabis | |
| 2739 | - | 84.13wholesalers, cannabis retailers, lower-potency hemp edible retailers, medical cannabis | |
| 2740 | - | 84.14processors, medical cannabis retailers, and medical cannabis combination businesses and | |
| 2741 | - | 84.15perform other actions approved by the office. | |
| 2742 | - | 84.16 Subd. 2.Additional information required.In addition to the information required to | |
| 2743 | - | 84.17be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2744 | - | 84.18a person, cooperative, or business seeking a cannabis transporter license must submit the | |
| 2745 | - | 84.19following information in a form approved by the office: | |
| 2746 | - | 84.20 (1) an appropriate surety bond, certificate of insurance, qualifications as a self-insurer, | |
| 2747 | - | 84.21or other securities or agreements, in the amount of not less than $300,000, for loss of or | |
| 2748 | - | 84.22damage to cargo; | |
| 2749 | - | 84.23 (2) an appropriate surety bond, certificate of insurance, qualifications as a self-insurer, | |
| 2750 | - | 84.24or other securities or agreements, in the amount of not less than $1,000,000, for injury to | |
| 2751 | - | 84.25one or more persons in any one accident and, if an accident has resulted in injury to or | |
| 2752 | - | 84.26destruction of property, of not less than $100,000 because of such injury to or destruction | |
| 2753 | - | 84.27of property of others in any one accident; | |
| 2754 | - | 84.28 (3) the number and type of equipment the business will use to transport immature cannabis | |
| 2755 | - | 84.29plants and seedlings, cannabis flower, cannabis products, artificially derived cannabinoids, | |
| 2756 | - | 84.30hemp plant parts, hemp concentrate, lower-potency hemp edibles, and hemp-derived | |
| 2757 | - | 84.31consumer products; | |
| 2758 | - | 84.32 (4) a loading, transporting, and unloading plan; | |
| 2759 | - | 84Article 1 Sec. 35. | |
| 2760 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 85.1 (5) a description of the applicant's experience in the distribution or security business; | |
| 2761 | - | 85.2and | |
| 2762 | - | 85.3 (6) evidence that the business will comply with the applicable operation requirements | |
| 2763 | - | 85.4for the license being sought. | |
| 2764 | - | 85.5 Subd. 3.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2765 | - | 85.6cannabis transporter license may also hold a cannabis wholesaler license, a cannabis delivery | |
| 2766 | - | 85.7service license, and a cannabis event organizer license. | |
| 2767 | - | 85.8 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2768 | - | 85.9cannabis transporter license may own or operate any other cannabis business. | |
| 2769 | - | 85.10 (c) The office by rule may limit the number of cannabis transporter licenses a person or | |
| 2770 | - | 85.11business may hold. | |
| 2771 | - | 85.12 (d) For purposes of this subdivision, restrictions on the number or type of license a | |
| 2772 | - | 85.13business may hold apply to every cooperative member or every director, manager, and | |
| 2773 | - | 85.14general partner of a cannabis business. | |
| 2774 | - | 85.15Sec. 36. [342.36] CANNABIS TRANSPORTER OPERATIONS. | |
| 2775 | - | 85.16 Subdivision 1.Manifest required.Before transporting immature cannabis plants and | |
| 2776 | - | 85.17seedlings, cannabis flower, cannabis products, artificially derived cannabinoids, hemp plant | |
| 2777 | - | 85.18parts, hemp concentrate, lower-potency hemp edibles, or hemp-derived consumer products, | |
| 2778 | - | 85.19a cannabis transporter shall obtain a shipping manifest on a form established by the office. | |
| 2779 | - | 85.20The manifest must be kept with the products at all times and the cannabis transporter must | |
| 2780 | - | 85.21maintain a copy of the manifest in its records. | |
| 2781 | - | 85.22 Subd. 2.Records of transportation.Records of transportation must be kept for a | |
| 2782 | - | 85.23minimum of three years at the cannabis transporter's place of business and are subject to | |
| 2783 | - | 85.24inspection upon request by the office or law enforcement agency. Records of transportation | |
| 2784 | - | 85.25include the following: | |
| 2785 | - | 85.26 (1) copies of transportation manifests for all deliveries; | |
| 2786 | - | 85.27 (2) a transportation log documenting the chain of custody for each delivery, including | |
| 2787 | - | 85.28every employee and vehicle used during transportation; and | |
| 2788 | - | 85.29 (3) financial records showing payment for transportation services. | |
| 2789 | - | 85.30 Subd. 3.Storage compartment.Immature cannabis plants and seedlings, cannabis | |
| 2790 | - | 85.31flower, cannabis products, artificially derived cannabinoids, hemp plant parts, hemp | |
| 2791 | - | 85.32concentrate, lower-potency hemp edibles, and hemp-derived consumer products must be | |
| 2792 | - | 85Article 1 Sec. 36. | |
| 2793 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 86.1transported in a locked, safe, and secure storage compartment that is part of the motor vehicle | |
| 2794 | - | 86.2or in a locked storage container that has a separate key or combination pad. Items being | |
| 2795 | - | 86.3transported may not be visible from outside the motor vehicle. | |
| 2796 | - | 86.4 Subd. 4.Identifying logos or business names prohibited.No vehicle or trailer may | |
| 2797 | - | 86.5contain an image depicting the types of items being transported, including but not limited | |
| 2798 | - | 86.6to an image depicting a cannabis or hemp leaf, or a name suggesting that the vehicle is used | |
| 2799 | - | 86.7in transporting immature cannabis plants and seedlings, cannabis flower, cannabis products, | |
| 2800 | - | 86.8artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp | |
| 2801 | - | 86.9edibles, or hemp-derived consumer products. | |
| 2802 | - | 86.10 Subd. 5.Randomized deliveries.A cannabis transporter shall ensure that all delivery | |
| 2803 | - | 86.11times and routes are randomized. | |
| 2804 | - | 86.12 Subd. 6.Multiple employees.All cannabis transporter vehicles transporting immature | |
| 2805 | - | 86.13cannabis plants and seedlings, cannabis flower, cannabis products, artificially derived | |
| 2806 | - | 86.14cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, or | |
| 2807 | - | 86.15hemp-derived consumer products must be staffed with a minimum of two employees. At | |
| 2808 | - | 86.16least one delivery team member shall remain with the motor vehicle at all times that the | |
| 2809 | - | 86.17motor vehicle contains immature cannabis plants and seedlings, cannabis flower, cannabis | |
| 2810 | - | 86.18products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, | |
| 2811 | - | 86.19lower-potency hemp edibles, or hemp-derived consumer products. | |
| 2812 | - | 86.20 Subd. 7.Nonemployee passengers prohibited.Only a cannabis worker employed by | |
| 2813 | - | 86.21or contracted with the cannabis transporter and who is at least 21 years of age may transport | |
| 2814 | - | 86.22immature cannabis plants and seedlings, cannabis flower, cannabis products, artificially | |
| 2815 | - | 86.23derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, or | |
| 2816 | - | 86.24hemp-derived consumer products. All passengers in a vehicle must be cannabis workers | |
| 2817 | - | 86.25employed by or contracted with the cannabis transporter. | |
| 2818 | - | 86.26 Subd. 8.Drivers license required.All drivers must carry a valid driver's license with | |
| 2819 | - | 86.27the proper endorsements when operating a vehicle transporting immature cannabis plants | |
| 2820 | - | 86.28and seedlings, cannabis flower, cannabis products, artificially derived cannabinoids, hemp | |
| 2821 | - | 86.29plant parts, hemp concentrate, lower-potency hemp edibles, or hemp-derived consumer | |
| 2822 | - | 86.30products. | |
| 2823 | - | 86.31 Subd. 9.Vehicles subject to inspection.Any vehicle assigned for the purposes of | |
| 2824 | - | 86.32transporting immature cannabis plants and seedlings, cannabis flower, cannabis products, | |
| 2825 | - | 86.33artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp | |
| 2826 | - | 86Article 1 Sec. 36. | |
| 2827 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 87.1edibles, or hemp-derived consumer products is subject to inspection and may be stopped | |
| 2828 | - | 87.2or inspected at any licensed cannabis business or while en route during transportation. | |
| 2829 | - | 87.3 Sec. 37. [342.37] CANNABIS TESTING FACILITY LICENSING. | |
| 2830 | - | 87.4 Subdivision 1.Authorized actions.A cannabis testing facility license entitles the license | |
| 2831 | - | 87.5holder to obtain and test immature cannabis plants and seedlings, cannabis flower, cannabis | |
| 2832 | - | 87.6products, hemp plant parts, hemp concentrate, artificially derived cannabinoids, | |
| 2833 | - | 87.7lower-potency hemp edibles, and hemp-derived consumer products from cannabis | |
| 2834 | - | 87.8microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, | |
| 2835 | - | 87.9cannabis wholesalers, lower-potency hemp edible manufacturers, medical cannabis | |
| 2836 | - | 87.10cultivators, medical cannabis processors, medical cannabis combination businesses, and | |
| 2837 | - | 87.11industrial hemp growers. | |
| 2838 | - | 87.12 Subd. 2.Additional information required.In addition to the information required to | |
| 2839 | - | 87.13be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2840 | - | 87.14a person, cooperative, or business seeking a cannabis testing facility license must submit | |
| 2841 | - | 87.15the following information in a form approved by the office: | |
| 2842 | - | 87.16 (1) an operating plan demonstrating the proposed layout of the facility, including a | |
| 2843 | - | 87.17diagram of ventilation and filtration systems and policies to avoid sales to unlicensed | |
| 2844 | - | 87.18businesses; | |
| 2845 | - | 87.19 (2) proof of accreditation by a laboratory accrediting organization approved by the office | |
| 2846 | - | 87.20that, at a minimum, requires a laboratory to operate formal management systems under the | |
| 2847 | - | 87.21International Organization for Standardization; and | |
| 2848 | - | 87.22 (3) evidence that the business will comply with the applicable operation requirements | |
| 2849 | - | 87.23for the license being sought. | |
| 2850 | - | 87.24 Subd. 3.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2851 | - | 87.25cannabis testing facility license may not own or operate, or be employed by, any other | |
| 2852 | - | 87.26cannabis business or hemp business. | |
| 2853 | - | 87.27 (b) The office by rule may limit the number of cannabis testing facility licenses a person | |
| 2854 | - | 87.28or business may hold. | |
| 2855 | - | 87.29 (c) For purposes of this subdivision, a restriction on the number of licenses a business | |
| 2856 | - | 87.30may hold applies to every cooperative member or every director, manager, and general | |
| 2857 | - | 87.31partner of a cannabis business. | |
| 2858 | - | 87Article 1 Sec. 37. | |
| 2859 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 88.1 Sec. 38. [342.38] CANNABIS TESTING FACILITY OPERATIONS. | |
| 2860 | - | 88.2 Subdivision 1.Testing services.A cannabis testing facility shall provide some or all | |
| 2861 | - | 88.3testing services required under section 342.61 and rules adopted pursuant to that section. | |
| 2862 | - | 88.4 Subd. 2.Testing protocols.A cannabis testing facility shall follow all testing protocols, | |
| 2863 | - | 88.5standards, and criteria adopted by rule by the office for the testing of different forms of | |
| 2864 | - | 88.6cannabis plants and seedlings, cannabis flower, cannabis products, lower-potency hemp | |
| 2865 | - | 88.7edibles, hemp-derived consumer products, hemp plant parts, hemp concentrate, and artificially | |
| 2866 | - | 88.8derived cannabinoids; determining batch size; sampling; testing validity; and approval and | |
| 2867 | - | 88.9disapproval of tested items. | |
| 2868 | - | 88.10 Subd. 3.Records.Records of all business transactions and testing results; records | |
| 2869 | - | 88.11required to be maintained pursuant to any applicable standards for accreditation; and records | |
| 2870 | - | 88.12relevant to testing protocols, standards, and criteria adopted by the office must be kept for | |
| 2871 | - | 88.13a minimum of three years at the cannabis testing facility's place of business and are subject | |
| 2872 | - | 88.14to inspection upon request by the office or law enforcement agency. | |
| 2873 | - | 88.15 Subd. 4.Disposal of cannabis flower and products.A testing facility shall dispose of | |
| 2874 | - | 88.16or destroy used, unused, and waste cannabis plants and seedlings, cannabis flower, cannabis | |
| 2875 | - | 88.17products, lower-potency hemp edibles, hemp-derived consumer products, hemp plant parts, | |
| 2876 | - | 88.18hemp concentrate, and artificially derived cannabinoids pursuant to rules adopted by the | |
| 2877 | - | 88.19office. | |
| 2878 | - | 88.20Sec. 39. [342.39] CANNABIS EVENT ORGANIZER LICENSING. | |
| 2879 | - | 88.21 Subdivision 1.Authorized actions.A cannabis event organizer license entitles the | |
| 2880 | - | 88.22license holder to organize a temporary cannabis event lasting no more than four days. | |
| 2881 | - | 88.23 Subd. 2.Additional information required.(a) In addition to the information required | |
| 2882 | - | 88.24to be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that | |
| 2883 | - | 88.25section, a person, cooperative, or business seeking a cannabis event organizer license must | |
| 2884 | - | 88.26submit the following information in a form approved by the office: | |
| 2885 | - | 88.27 (1) the type and number of any other cannabis business license held by the applicant; | |
| 2886 | - | 88.28 (2) the address and location where the temporary cannabis event will take place; | |
| 2887 | - | 88.29 (3) the name of the temporary cannabis event; | |
| 2888 | - | 88.30 (4) a diagram of the physical layout of the temporary cannabis event showing where the | |
| 2889 | - | 88.31event will take place on the grounds, all entrances and exits that will be used by participants | |
| 2890 | - | 88.32during the event, all cannabis consumption areas, all cannabis retail areas where cannabis | |
| 2891 | - | 88Article 1 Sec. 39. | |
| 2892 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 89.1flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products | |
| 2893 | - | 89.2will be sold, the location where cannabis waste will be stored, and any location where | |
| 2894 | - | 89.3cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer | |
| 2895 | - | 89.4products will be stored; | |
| 2896 | - | 89.5 (5) a list of the name, number, and type of cannabis businesses and hemp businesses | |
| 2897 | - | 89.6that will sell cannabis plants, adult-use cannabis flower, adult-use cannabis products, | |
| 2898 | - | 89.7lower-potency hemp edibles, and hemp-derived consumer products at the event, which may | |
| 2899 | - | 89.8be supplemented or amended within 72 hours of the time at which the cannabis event begins; | |
| 2900 | - | 89.9 (6) the dates and hours during which the cannabis event will take place; | |
| 2901 | - | 89.10 (7) proof of local approval for the cannabis event; and | |
| 2902 | - | 89.11 (8) evidence that the business will comply with the applicable operation requirements | |
| 2903 | - | 89.12for the license being sought. | |
| 2904 | - | 89.13 (b) A person, cooperative, or business seeking a cannabis event organizer license may | |
| 2905 | - | 89.14also disclose whether the person or any officer, director, manager, and general partner of a | |
| 2906 | - | 89.15cannabis business is serving or has previously served in the military. | |
| 2907 | - | 89.16 Subd. 3.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2908 | - | 89.17cannabis event organizer license may not hold a cannabis testing facility license, a | |
| 2909 | - | 89.18lower-potency hemp edible manufacturer license, or a lower-potency hemp edible retailer | |
| 2910 | - | 89.19license. | |
| 2911 | - | 89.20 (b) The office by rule may limit the number of cannabis event licenses that a person or | |
| 2912 | - | 89.21business may hold. | |
| 2913 | - | 89.22 (c) For purposes of this subdivision, restrictions on the number or type of license that a | |
| 2914 | - | 89.23business may hold apply to every cooperative member or every director, manager, and | |
| 2915 | - | 89.24general partner of a cannabis business. | |
| 2916 | - | 89.25Sec. 40. [342.40] CANNABIS EVENT ORGANIZER OPERATIONS. | |
| 2917 | - | 89.26 Subdivision 1.Local approval.A cannabis event organizer must receive local approval, | |
| 2918 | - | 89.27including obtaining any necessary permits or licenses issued by a local unit of government, | |
| 2919 | - | 89.28before holding a cannabis event. | |
| 2920 | - | 89.29 Subd. 2.Charging fees.(a) A cannabis event organizer may charge an entrance fee to | |
| 2921 | - | 89.30a cannabis event. | |
| 2922 | - | 89.31 (b) A cannabis event organizer may charge a fee to a cannabis business or hemp business | |
| 2923 | - | 89.32in exchange for space to display and sell cannabis plants, adult-use cannabis flower, adult-use | |
| 2475 | + | 76.4 Subd. 5.Cultivation operations.A cannabis cultivator must comply with the | |
| 2476 | + | 76.5requirements in section 342.25. | |
| 2477 | + | 76.6 Sec. 31. [342.31] CANNABIS MANUFACTURER LICENSING AND OPERATIONS. | |
| 2478 | + | 76.7 Subdivision 1.Authorized actions.A cannabis manufacturer license, consistent with | |
| 2479 | + | 76.8the specific license endorsement or endorsements, entitles the license holder to: | |
| 2480 | + | 76.9 (1) purchase cannabis flower, cannabis products, hemp plant parts, hemp concentrate, | |
| 2481 | + | 76.10and artificially derived cannabinoids from a cannabis microbusiness, a cannabis | |
| 2482 | + | 76.11mezzobusiness, a cannabis cultivator, another cannabis manufacturer, a cannabis wholesaler, | |
| 2483 | + | 76.12or an industrial hemp grower; | |
| 2484 | + | 76.13 (2) accept cannabis flower from unlicensed persons who are at least 21 years of age | |
| 2485 | + | 76.14provided that the cannabis manufacturer does not accept more than two ounces from an | |
| 2486 | + | 76.15individual on a single occasion; | |
| 2487 | + | 76.16 (3) make cannabis concentrate; | |
| 2488 | + | 76.17 (4) make hemp concentrate, including hemp concentrate with a delta-9 | |
| 2489 | + | 76.18tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; | |
| 2490 | + | 76.19 (5) manufacture artificially derived cannabinoids; | |
| 2491 | + | 76.20 (6) manufacture adult-use cannabis products, lower-potency hemp edibles, and | |
| 2492 | + | 76.21hemp-derived consumer products for public consumption; | |
| 2493 | + | 76.22 (7) package and label adult-use cannabis products, lower-potency hemp edibles, and | |
| 2494 | + | 76.23hemp-derived consumer products for sale to customers; | |
| 2495 | + | 76.24 (8) sell cannabis concentrate, hemp concentrate, artificially derived cannabinoids, | |
| 2496 | + | 76.25cannabis products, lower-potency hemp edibles, and hemp-derived consumer products to | |
| 2497 | + | 76.26other cannabis businesses; and | |
| 2498 | + | 76.27 (9) perform other actions approved by the office. | |
| 2499 | + | 76.28 Subd. 2.Size limitations.The office shall, by rule, establish a limit on the manufacturing | |
| 2500 | + | 76.29of cannabis products, lower-potency hemp edibles, or hemp-derived consumer products a | |
| 2501 | + | 76.30cannabis manufacturer may perform. The limit must be equivalent to the amount of cannabis | |
| 2502 | + | 76.31flower that can be harvested from a facility with a plant canopy of 15,000 square feet in a | |
| 2503 | + | 76Article 1 Sec. 31. | |
| 2504 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 77.1year, but may be increased to the amount that can be harvested from a facility with up to | |
| 2505 | + | 77.230,000 cubic feet of plant canopy if the office expands the allowable area of cultivation | |
| 2506 | + | 77.3under section 342.30, subdivision 2. | |
| 2507 | + | 77.4 Subd. 3.Additional information required.In addition to the information required to | |
| 2508 | + | 77.5be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2509 | + | 77.6a person, cooperative, or business seeking a cannabis manufacturer license must submit the | |
| 2510 | + | 77.7following information in a form approved by the office: | |
| 2511 | + | 77.8 (1) an operating plan demonstrating the proposed layout of the facility, including a | |
| 2512 | + | 77.9diagram of ventilation and filtration systems; plans for wastewater and waste disposal for | |
| 2513 | + | 77.10the manufacturing facility; plans for providing electricity, water, and other utilities necessary | |
| 2514 | + | 77.11for the normal operation of the manufacturing facility; and plans for compliance with | |
| 2515 | + | 77.12applicable building code and federal and state environmental and workplace safety | |
| 2516 | + | 77.13requirements; and | |
| 2517 | + | 77.14 (2) evidence that the business will comply with the applicable operation requirements | |
| 2518 | + | 77.15for the endorsement being sought. | |
| 2519 | + | 77.16 Subd. 4.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2520 | + | 77.17cannabis manufacturer license may also hold a cannabis cultivator license, a medical cannabis | |
| 2521 | + | 77.18cultivator license, a medical cannabis processor license, and a cannabis event organizer | |
| 2522 | + | 77.19license. | |
| 2523 | + | 77.20 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2524 | + | 77.21cannabis manufacturer license may own or operate any other cannabis business or hemp | |
| 2525 | + | 77.22business. This prohibition does not prevent transportation of cannabis flower from a cannabis | |
| 2526 | + | 77.23cultivator to a cannabis manufacturer licensed to the same person, cooperative, or business | |
| 2527 | + | 77.24and located on the same premises. | |
| 2528 | + | 77.25 (c) The office by rule may limit the number of cannabis manufacturer licenses that a | |
| 2529 | + | 77.26person or business may hold. | |
| 2530 | + | 77.27 (d) For purposes of this subdivision, a restriction on the number or type of license that | |
| 2531 | + | 77.28a business may hold applies to every cooperative member or every director, manager, and | |
| 2532 | + | 77.29general partner of a cannabis business. | |
| 2533 | + | 77.30 Subd. 5.Cultivation operations.A cannabis manufacturer must comply with the | |
| 2534 | + | 77.31requirements in section 342.26. | |
| 2535 | + | 77Article 1 Sec. 31. | |
| 2536 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 78.1 Sec. 32. [342.32] CANNABIS RETAILER LICENSING AND OPERATIONS. | |
| 2537 | + | 78.2 Subdivision 1.Authorized actions.A cannabis retailer license entitles the license holder | |
| 2538 | + | 78.3to: | |
| 2539 | + | 78.4 (1) purchase immature cannabis plants and seedlings, cannabis flower, cannabis products, | |
| 2540 | + | 78.5lower-potency hemp edibles, and hemp-derived consumer products from cannabis | |
| 2541 | + | 78.6microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, | |
| 2542 | + | 78.7cannabis wholesalers, and industrial hemp growers; | |
| 2543 | + | 78.8 (2) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use | |
| 2544 | + | 78.9cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and | |
| 2545 | + | 78.10other products authorized by law to customers; and | |
| 2546 | + | 78.11 (3) perform other actions approved by the office. | |
| 2547 | + | 78.12 Subd. 2.Size limitations.A cannabis retailer may operate up to five retail locations. | |
| 2548 | + | 78.13 Subd. 3.Additional information required.In addition to the information required to | |
| 2549 | + | 78.14be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2550 | + | 78.15a person, cooperative, or business seeking a cannabis retail license must submit the following | |
| 2551 | + | 78.16information in a form approved by the office: | |
| 2552 | + | 78.17 (1) a list of every retail license held by the applicant and, if the applicant is a business, | |
| 2553 | + | 78.18every retail license held, either as an individual or as part of another business, by each | |
| 2554 | + | 78.19officer, director, manager, and general partner of the cannabis business; | |
| 2555 | + | 78.20 (2) an operating plan demonstrating the proposed layout of the facility, including a | |
| 2556 | + | 78.21diagram of ventilation and filtration systems; policies to avoid sales to individuals who are | |
| 2557 | + | 78.22under 21 years of age; identification of a restricted area for storage; and plans to prevent | |
| 2558 | + | 78.23the visibility of cannabis flower, cannabinoid products, and hemp-derived consumer products | |
| 2559 | + | 78.24to individuals outside the retail location; and | |
| 2560 | + | 78.25 (3) evidence that the business will comply with the applicable operation requirements | |
| 2561 | + | 78.26for the license being sought. | |
| 2562 | + | 78.27 Subd. 4.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2563 | + | 78.28cannabis retailer license may also hold a cannabis delivery service license, a medical cannabis | |
| 2564 | + | 78.29retailer license, and a cannabis event organizer license. | |
| 2565 | + | 78.30 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2566 | + | 78.31cannabis retailer license may own or operate any other cannabis business or hemp business. | |
| 2567 | + | 78Article 1 Sec. 32. | |
| 2568 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 79.1 (c) No person, cooperative, or business may hold a license to own or operate more than | |
| 2569 | + | 79.2one cannabis retail business in one city or county. | |
| 2570 | + | 79.3 (d) The office by rule may limit the number of cannabis retailer licenses a person, | |
| 2571 | + | 79.4cooperative, or business may hold. | |
| 2572 | + | 79.5 (e) For purposes of this subdivision, a restriction on the number or type of license a | |
| 2573 | + | 79.6business may hold applies to every cooperative member or every director, manager, and | |
| 2574 | + | 79.7general partner of a cannabis business. | |
| 2575 | + | 79.8 Subd. 5.Municipal or county cannabis store.A city or county may establish, own, | |
| 2576 | + | 79.9and operate a municipal cannabis store subject to the restrictions in this chapter. | |
| 2577 | + | 79.10Sec. 33. [342.33] CANNABIS WHOLESALER LICENSING. | |
| 2578 | + | 79.11 Subdivision 1.Authorized actions.A cannabis wholesaler license entitles the license | |
| 2579 | + | 79.12holder to: | |
| 2580 | + | 79.13 (1) purchase immature cannabis plants and seedlings, cannabis flower, cannabis products, | |
| 2581 | + | 79.14lower-potency hemp edibles, and hemp-derived consumer products from cannabis | |
| 2582 | + | 79.15microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, | |
| 2583 | + | 79.16lower-potency hemp edible manufacturers, and industrial hemp growers; | |
| 2584 | + | 79.17 (2) sell immature cannabis plants and seedlings, cannabis flower, cannabis products, | |
| 2585 | + | 79.18lower-potency hemp edibles, and hemp-derived consumer products to cannabis | |
| 2586 | + | 79.19microbusinesses, cannabis mezzobusinesses, cannabis manufacturers, and cannabis retailers; | |
| 2587 | + | 79.20 (3) sell lower-potency hemp edibles to lower-potency hemp edible retailers; | |
| 2588 | + | 79.21 (4) import lower-potency hemp edibles and hemp-derived consumer products that contain | |
| 2589 | + | 79.22hemp concentrate or artificially derived cannabinoids that are derived from hemp plants or | |
| 2590 | + | 79.23hemp plant parts; and | |
| 2591 | + | 79.24 (5) perform other actions approved by the office. | |
| 2592 | + | 79.25 Subd. 2.Additional information required.In addition to the information required to | |
| 2593 | + | 79.26be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2594 | + | 79.27a person, cooperative, or business seeking a cannabis wholesaler license must submit the | |
| 2595 | + | 79.28following information in a form approved by the office: | |
| 2596 | + | 79.29 (1) an operating plan demonstrating the proposed layout of the facility including a | |
| 2597 | + | 79.30diagram of ventilation and filtration systems and policies to avoid sales to unlicensed | |
| 2598 | + | 79.31cannabis businesses; and | |
| 2599 | + | 79Article 1 Sec. 33. | |
| 2600 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 80.1 (2) evidence that the business will comply with the applicable operation requirements | |
| 2601 | + | 80.2for the license being sought. | |
| 2602 | + | 80.3 Subd. 3.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2603 | + | 80.4cannabis wholesaler license may also hold a cannabis transporter license, a cannabis delivery | |
| 2604 | + | 80.5service license, and a cannabis event organizer license. | |
| 2605 | + | 80.6 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2606 | + | 80.7cannabis wholesaler license may own or operate any other cannabis business or hemp | |
| 2607 | + | 80.8business. | |
| 2608 | + | 80.9 (c) The office by rule may limit the number of cannabis wholesaler licenses a person or | |
| 2609 | + | 80.10business may hold. | |
| 2610 | + | 80.11 (d) For purposes of this subdivision, a restriction on the number or type of license a | |
| 2611 | + | 80.12business may hold applies to every cooperative member or every director, manager, and | |
| 2612 | + | 80.13general partner of a cannabis business. | |
| 2613 | + | 80.14Sec. 34. [342.34] CANNABIS WHOLESALER OPERATIONS. | |
| 2614 | + | 80.15 Subdivision 1.Separation of products.A cannabis wholesaler must ensure that cannabis | |
| 2615 | + | 80.16plants, cannabis flower, and cannabis products are physically separated from all other | |
| 2616 | + | 80.17products, including but not limited to lower-potency hemp edibles and hemp-derived | |
| 2617 | + | 80.18consumer products, in a manner that prevents any cross-contamination. | |
| 2618 | + | 80.19 Subd. 2.Records and labels.A cannabis wholesaler must maintain accurate records | |
| 2619 | + | 80.20and ensure that appropriate labels remain affixed to cannabis plants, cannabis flower, | |
| 2620 | + | 80.21cannabis products, lower-potency hemp edibles, and hemp-derived consumer products. | |
| 2621 | + | 80.22 Subd. 3.Building conditions.(a) A cannabis wholesaler shall maintain compliance | |
| 2622 | + | 80.23with state and local building, fire, and zoning requirements or regulations. | |
| 2623 | + | 80.24 (b) A cannabis wholesaler shall ensure that the licensed premises is maintained in a | |
| 2624 | + | 80.25clean and sanitary condition, free from infestation by insects, rodents, or other pests. | |
| 2625 | + | 80.26 Subd. 4.Sale of other products.A cannabis wholesaler may purchase and sell other | |
| 2626 | + | 80.27products or items for which the cannabis wholesaler has a license or authorization or that | |
| 2627 | + | 80.28do not require a license or authorization. Products for which no license or authorization is | |
| 2628 | + | 80.29required include but are not limited to industrial hemp products, products that contain hemp | |
| 2629 | + | 80.30grain, hemp-derived topical products, and cannabis paraphernalia, including but not limited | |
| 2630 | + | 80.31to childproof packaging containers and other devices designed to ensure the safe storage | |
| 2631 | + | 80Article 1 Sec. 34. | |
| 2632 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 81.1and monitoring of cannabis flower and cannabis products in the home to prevent access by | |
| 2633 | + | 81.2individuals under 21 years of age. | |
| 2634 | + | 81.3 Subd. 5.Importation of hemp-derived products.(a) A cannabis wholesaler that imports | |
| 2635 | + | 81.4lower-potency hemp edibles or hemp-derived consumer products that are manufactured | |
| 2636 | + | 81.5outside the boundaries of the state of Minnesota with the intent to sell the products to a | |
| 2637 | + | 81.6cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, or lower-potency hemp | |
| 2638 | + | 81.7edible retailer must obtain a hemp-derived product importer endorsement from the office. | |
| 2639 | + | 81.8 (b) A cannabis wholesaler with a hemp-derived product importer endorsement may sell | |
| 2640 | + | 81.9products manufactured outside the boundaries of the state of Minnesota if: | |
| 2641 | + | 81.10 (1) the manufacturer is licensed in another jurisdiction and subject to regulations designed | |
| 2642 | + | 81.11to protect the health and safety of consumers that the office determines are substantially | |
| 2643 | + | 81.12similar to the regulations in this state; or | |
| 2644 | + | 81.13 (2) the cannabis wholesaler establishes, to the satisfaction of the office, that the | |
| 2645 | + | 81.14manufacturer engages in practices that are substantially similar to the practices required for | |
| 2646 | + | 81.15licensure of manufacturers in this state. | |
| 2647 | + | 81.16 (c) The cannabis wholesaler must enter all relevant information regarding an imported | |
| 2648 | + | 81.17hemp-derived consumer product into the statewide monitoring system before the product | |
| 2649 | + | 81.18may be distributed. Relevant information includes information regarding the cultivation, | |
| 2650 | + | 81.19processing, and testing of the industrial hemp used in the manufacture of the product and | |
| 2651 | + | 81.20information regarding the testing of the hemp-derived consumer product. If information | |
| 2652 | + | 81.21regarding the industrial hemp or hemp-derived consumer product was submitted to a | |
| 2653 | + | 81.22statewide monitoring system used in another state, the office may require submission of | |
| 2654 | + | 81.23any information provided to that statewide monitoring system and shall assist in the transfer | |
| 2655 | + | 81.24of data from another state as needed and in compliance with any data classification | |
| 2656 | + | 81.25established by either state. | |
| 2657 | + | 81.26 (d) The office may suspend, revoke, or cancel the endorsement of a distributor who is | |
| 2658 | + | 81.27prohibited from distributing products containing cannabinoids in any other jurisdiction, | |
| 2659 | + | 81.28convicted of an offense involving the distribution of products containing cannabinoids in | |
| 2660 | + | 81.29any other jurisdiction, or found liable for distributing any product that injured customers in | |
| 2661 | + | 81.30any other jurisdiction. A cannabis wholesaler shall disclose all relevant information related | |
| 2662 | + | 81.31to actions in another jurisdiction. Failure to disclose relevant information may result in | |
| 2663 | + | 81.32disciplinary action by the office, including the suspension, revocation, or cancellation of | |
| 2664 | + | 81.33an endorsement or license. | |
| 2665 | + | 81Article 1 Sec. 34. | |
| 2666 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 82.1 (e) Notwithstanding any law to the contrary, it shall not be a defense in any civil or | |
| 2667 | + | 82.2criminal action that a licensed wholesaler relied on information on a product label or | |
| 2668 | + | 82.3otherwise provided by a manufacturer who is not licensed in this state. | |
| 2669 | + | 82.4 Sec. 35. [342.35] CANNABIS TRANSPORTER LICENSING. | |
| 2670 | + | 82.5 Subdivision 1.Authorized actions.A cannabis transporter license entitles the license | |
| 2671 | + | 82.6holder to transport immature cannabis plants and seedlings, cannabis flower, cannabis | |
| 2672 | + | 82.7products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, | |
| 2673 | + | 82.8lower-potency hemp edibles, and hemp-derived consumer products from cannabis | |
| 2674 | + | 82.9microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, | |
| 2675 | + | 82.10cannabis wholesalers, lower-potency hemp edible manufacturers, medical cannabis retailers, | |
| 2676 | + | 82.11medical cannabis processors, and industrial hemp growers to cannabis microbusinesses, | |
| 2677 | + | 82.12cannabis mezzobusinesses, cannabis manufacturers, cannabis testing facilities, cannabis | |
| 2678 | + | 82.13wholesalers, cannabis retailers, lower-potency hemp edible retailers, medical cannabis | |
| 2679 | + | 82.14processors, and medical cannabis retailers and perform other actions approved by the office. | |
| 2680 | + | 82.15 Subd. 2.Additional information required.In addition to the information required to | |
| 2681 | + | 82.16be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2682 | + | 82.17a person, cooperative, or business seeking a cannabis transporter license must submit the | |
| 2683 | + | 82.18following information in a form approved by the office: | |
| 2684 | + | 82.19 (1) an appropriate surety bond, certificate of insurance, qualifications as a self-insurer, | |
| 2685 | + | 82.20or other securities or agreements, in the amount of not less than $300,000, for loss of or | |
| 2686 | + | 82.21damage to cargo; | |
| 2687 | + | 82.22 (2) an appropriate surety bond, certificate of insurance, qualifications as a self-insurer, | |
| 2688 | + | 82.23or other securities or agreements, in the amount of not less than $1,000,000, for injury to | |
| 2689 | + | 82.24one or more persons in any one accident and, if an accident has resulted in injury to or | |
| 2690 | + | 82.25destruction of property, of not less than $100,000 because of such injury to or destruction | |
| 2691 | + | 82.26of property of others in any one accident; | |
| 2692 | + | 82.27 (3) the number and type of equipment the business will use to transport immature cannabis | |
| 2693 | + | 82.28plants and seedlings, cannabis flower, cannabis products, artificially derived cannabinoids, | |
| 2694 | + | 82.29hemp plant parts, hemp concentrate, lower-potency hemp edibles, and hemp-derived | |
| 2695 | + | 82.30consumer products; | |
| 2696 | + | 82.31 (4) a loading, transporting, and unloading plan; | |
| 2697 | + | 82.32 (5) a description of the applicant's experience in the distribution or security business; | |
| 2698 | + | 82.33and | |
| 2699 | + | 82Article 1 Sec. 35. | |
| 2700 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 83.1 (6) evidence that the business will comply with the applicable operation requirements | |
| 2701 | + | 83.2for the license being sought. | |
| 2702 | + | 83.3 Subd. 3.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2703 | + | 83.4cannabis transporter license may also hold a cannabis wholesaler license, a cannabis delivery | |
| 2704 | + | 83.5service license, and a cannabis event organizer license. | |
| 2705 | + | 83.6 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2706 | + | 83.7cannabis transporter license may own or operate any other cannabis business. | |
| 2707 | + | 83.8 (c) The office by rule may limit the number of cannabis transporter licenses a person or | |
| 2708 | + | 83.9business may hold. | |
| 2709 | + | 83.10 (d) For purposes of this subdivision, restrictions on the number or type of license a | |
| 2710 | + | 83.11business may hold apply to every cooperative member or every director, manager, and | |
| 2711 | + | 83.12general partner of a cannabis business. | |
| 2712 | + | 83.13Sec. 36. [342.36] CANNABIS TRANSPORTER OPERATIONS. | |
| 2713 | + | 83.14 Subdivision 1.Manifest required.Before transporting immature cannabis plants and | |
| 2714 | + | 83.15seedlings, cannabis flower, cannabis products, artificially derived cannabinoids, hemp plant | |
| 2715 | + | 83.16parts, hemp concentrate, lower-potency hemp edibles, or hemp-derived consumer products, | |
| 2716 | + | 83.17a cannabis transporter shall obtain a shipping manifest on a form established by the office. | |
| 2717 | + | 83.18The manifest must be kept with the products at all times and the cannabis transporter must | |
| 2718 | + | 83.19maintain a copy of the manifest in its records. | |
| 2719 | + | 83.20 Subd. 2.Records of transportation.Records of transportation must be kept for a | |
| 2720 | + | 83.21minimum of three years at the cannabis transporter's place of business and are subject to | |
| 2721 | + | 83.22inspection upon request by the office or law enforcement agency. Records of transportation | |
| 2722 | + | 83.23include the following: | |
| 2723 | + | 83.24 (1) copies of transportation manifests for all deliveries; | |
| 2724 | + | 83.25 (2) a transportation log documenting the chain of custody for each delivery, including | |
| 2725 | + | 83.26every employee and vehicle used during transportation; and | |
| 2726 | + | 83.27 (3) financial records showing payment for transportation services. | |
| 2727 | + | 83.28 Subd. 3.Storage compartment.Immature cannabis plants and seedlings, cannabis | |
| 2728 | + | 83.29flower, cannabis products, artificially derived cannabinoids, hemp plant parts, hemp | |
| 2729 | + | 83.30concentrate, lower-potency hemp edibles, and hemp-derived consumer products must be | |
| 2730 | + | 83.31transported in a locked, safe, and secure storage compartment that is part of the motor vehicle | |
| 2731 | + | 83Article 1 Sec. 36. | |
| 2732 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 84.1or in a locked storage container that has a separate key or combination pad. Items being | |
| 2733 | + | 84.2transported may not be visible from outside the motor vehicle. | |
| 2734 | + | 84.3 Subd. 4.Identifying logos or business names prohibited.No vehicle or trailer may | |
| 2735 | + | 84.4contain an image depicting the types of items being transported, including but not limited | |
| 2736 | + | 84.5to an image depicting a cannabis or hemp leaf, or a name suggesting that the vehicle is used | |
| 2737 | + | 84.6in transporting immature cannabis plants and seedlings, cannabis flower, cannabis products, | |
| 2738 | + | 84.7artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp | |
| 2739 | + | 84.8edibles, or hemp-derived consumer products. | |
| 2740 | + | 84.9 Subd. 5.Randomized deliveries.A cannabis transporter shall ensure that all delivery | |
| 2741 | + | 84.10times and routes are randomized. | |
| 2742 | + | 84.11 Subd. 6.Multiple employees.All cannabis transporter vehicles transporting immature | |
| 2743 | + | 84.12cannabis plants and seedlings, cannabis flower, cannabis products, artificially derived | |
| 2744 | + | 84.13cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, or | |
| 2745 | + | 84.14hemp-derived consumer products must be staffed with a minimum of two employees. At | |
| 2746 | + | 84.15least one delivery team member shall remain with the motor vehicle at all times that the | |
| 2747 | + | 84.16motor vehicle contains immature cannabis plants and seedlings, cannabis flower, cannabis | |
| 2748 | + | 84.17products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, | |
| 2749 | + | 84.18lower-potency hemp edibles, or hemp-derived consumer products. | |
| 2750 | + | 84.19 Subd. 7.Nonemployee passengers prohibited.Only a cannabis worker employed by | |
| 2751 | + | 84.20or contracted with the cannabis transporter and who is at least 21 years of age may transport | |
| 2752 | + | 84.21immature cannabis plants and seedlings, cannabis flower, cannabis products, artificially | |
| 2753 | + | 84.22derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, or | |
| 2754 | + | 84.23hemp-derived consumer products. All passengers in a vehicle must be cannabis workers | |
| 2755 | + | 84.24employed by or contracted with the cannabis transporter. | |
| 2756 | + | 84.25 Subd. 8.Drivers license required.All drivers must carry a valid driver's license with | |
| 2757 | + | 84.26the proper endorsements when operating a vehicle transporting immature cannabis plants | |
| 2758 | + | 84.27and seedlings, cannabis flower, cannabis products, artificially derived cannabinoids, hemp | |
| 2759 | + | 84.28plant parts, hemp concentrate, lower-potency hemp edibles, or hemp-derived consumer | |
| 2760 | + | 84.29products. | |
| 2761 | + | 84.30 Subd. 9.Vehicles subject to inspection.Any vehicle assigned for the purposes of | |
| 2762 | + | 84.31transporting immature cannabis plants and seedlings, cannabis flower, cannabis products, | |
| 2763 | + | 84.32artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp | |
| 2764 | + | 84.33edibles, or hemp-derived consumer products is subject to inspection and may be stopped | |
| 2765 | + | 84.34or inspected at any licensed cannabis business or while en route during transportation. | |
| 2766 | + | 84Article 1 Sec. 36. | |
| 2767 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 85.1 Sec. 37. [342.37] CANNABIS TESTING FACILITY LICENSING. | |
| 2768 | + | 85.2 Subdivision 1.Authorized actions.A cannabis testing facility license entitles the license | |
| 2769 | + | 85.3holder to obtain and test immature cannabis plants and seedlings, cannabis flower, cannabis | |
| 2770 | + | 85.4products, hemp plant parts, hemp concentrate, artificially derived cannabinoids, | |
| 2771 | + | 85.5lower-potency hemp edibles, and hemp-derived consumer products from cannabis | |
| 2772 | + | 85.6microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, | |
| 2773 | + | 85.7cannabis wholesalers, lower-potency hemp edible manufacturers, medical cannabis | |
| 2774 | + | 85.8cultivators, medical cannabis processors, and industrial hemp growers. | |
| 2775 | + | 85.9 Subd. 2.Additional information required.In addition to the information required to | |
| 2776 | + | 85.10be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2777 | + | 85.11a person, cooperative, or business seeking a cannabis testing facility license must submit | |
| 2778 | + | 85.12the following information in a form approved by the office: | |
| 2779 | + | 85.13 (1) an operating plan demonstrating the proposed layout of the facility, including a | |
| 2780 | + | 85.14diagram of ventilation and filtration systems and policies to avoid sales to unlicensed | |
| 2781 | + | 85.15businesses; | |
| 2782 | + | 85.16 (2) proof of accreditation by a laboratory accrediting organization approved by the office | |
| 2783 | + | 85.17that, at a minimum, requires a laboratory to operate formal management systems under the | |
| 2784 | + | 85.18International Organization for Standardization; and | |
| 2785 | + | 85.19 (3) evidence that the business will comply with the applicable operation requirements | |
| 2786 | + | 85.20for the license being sought. | |
| 2787 | + | 85.21 Subd. 3.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2788 | + | 85.22cannabis testing facility license may not own or operate, or be employed by, any other | |
| 2789 | + | 85.23cannabis business or hemp business. | |
| 2790 | + | 85.24 (b) The office by rule may limit the number of cannabis testing facility licenses a person | |
| 2791 | + | 85.25or business may hold. | |
| 2792 | + | 85.26 (c) For purposes of this subdivision, a restriction on the number of licenses a business | |
| 2793 | + | 85.27may hold applies to every cooperative member or every director, manager, and general | |
| 2794 | + | 85.28partner of a cannabis business. | |
| 2795 | + | 85.29Sec. 38. [342.38] CANNABIS TESTING FACILITY OPERATIONS. | |
| 2796 | + | 85.30 Subdivision 1.Testing services.A cannabis testing facility shall provide some or all | |
| 2797 | + | 85.31testing services required under section 342.61 and rules adopted pursuant to that section. | |
| 2798 | + | 85Article 1 Sec. 38. | |
| 2799 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 86.1 Subd. 2.Testing protocols.A cannabis testing facility shall follow all testing protocols, | |
| 2800 | + | 86.2standards, and criteria adopted by rule by the office for the testing of different forms of | |
| 2801 | + | 86.3cannabis plants and seedlings, cannabis flower, cannabis products, lower-potency hemp | |
| 2802 | + | 86.4edibles, hemp-derived consumer products, hemp plant parts, hemp concentrate, and artificially | |
| 2803 | + | 86.5derived cannabinoids; determining batch size; sampling; testing validity; and approval and | |
| 2804 | + | 86.6disapproval of tested items. | |
| 2805 | + | 86.7 Subd. 3.Records.Records of all business transactions and testing results; records | |
| 2806 | + | 86.8required to be maintained pursuant to any applicable standards for accreditation; and records | |
| 2807 | + | 86.9relevant to testing protocols, standards, and criteria adopted by the office must be kept for | |
| 2808 | + | 86.10a minimum of three years at the cannabis testing facility's place of business and are subject | |
| 2809 | + | 86.11to inspection upon request by the office or law enforcement agency. | |
| 2810 | + | 86.12 Subd. 4.Disposal of cannabis flower and products.A testing facility shall dispose of | |
| 2811 | + | 86.13or destroy used, unused, and waste cannabis plants and seedlings, cannabis flower, cannabis | |
| 2812 | + | 86.14products, lower-potency hemp edibles, hemp-derived consumer products, hemp plant parts, | |
| 2813 | + | 86.15hemp concentrate, and artificially derived cannabinoids pursuant to rules adopted by the | |
| 2814 | + | 86.16office. | |
| 2815 | + | 86.17Sec. 39. [342.39] CANNABIS EVENT ORGANIZER LICENSING. | |
| 2816 | + | 86.18 Subdivision 1.Authorized actions.A cannabis event organizer license entitles the | |
| 2817 | + | 86.19license holder to organize a temporary cannabis event lasting no more than four days. | |
| 2818 | + | 86.20 Subd. 2.Additional information required.(a) In addition to the information required | |
| 2819 | + | 86.21to be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that | |
| 2820 | + | 86.22section, a person, cooperative, or business seeking a cannabis event organizer license must | |
| 2821 | + | 86.23submit the following information in a form approved by the office: | |
| 2822 | + | 86.24 (1) the type and number of any other cannabis business license held by the applicant; | |
| 2823 | + | 86.25 (2) the address and location where the temporary cannabis event will take place; | |
| 2824 | + | 86.26 (3) the name of the temporary cannabis event; | |
| 2825 | + | 86.27 (4) a diagram of the physical layout of the temporary cannabis event showing where the | |
| 2826 | + | 86.28event will take place on the grounds, all entrances and exits that will be used by participants | |
| 2827 | + | 86.29during the event, all cannabis consumption areas, all cannabis retail areas where cannabis | |
| 2828 | + | 86.30flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products | |
| 2829 | + | 86.31will be sold, the location where cannabis waste will be stored, and any location where | |
| 2830 | + | 86.32cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer | |
| 2831 | + | 86.33products will be stored; | |
| 2832 | + | 86Article 1 Sec. 39. | |
| 2833 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 87.1 (5) a list of the name, number, and type of cannabis businesses and hemp businesses | |
| 2834 | + | 87.2that will sell cannabis plants, adult-use cannabis flower, adult-use cannabis products, | |
| 2835 | + | 87.3lower-potency hemp edibles, and hemp-derived consumer products at the event, which may | |
| 2836 | + | 87.4be supplemented or amended within 72 hours of the time at which the cannabis event begins; | |
| 2837 | + | 87.5 (6) the dates and hours during which the cannabis event will take place; | |
| 2838 | + | 87.6 (7) proof of local approval for the cannabis event; and | |
| 2839 | + | 87.7 (8) evidence that the business will comply with the applicable operation requirements | |
| 2840 | + | 87.8for the license being sought. | |
| 2841 | + | 87.9 (b) A person, cooperative, or business seeking a cannabis event organizer license may | |
| 2842 | + | 87.10also disclose whether the person or any officer, director, manager, and general partner of a | |
| 2843 | + | 87.11cannabis business is serving or has previously served in the military. | |
| 2844 | + | 87.12 Subd. 3.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2845 | + | 87.13cannabis event organizer license may not hold a cannabis testing facility license, a | |
| 2846 | + | 87.14lower-potency hemp edible manufacturer license, or a lower-potency hemp edible retailer | |
| 2847 | + | 87.15license. | |
| 2848 | + | 87.16 (b) The office by rule may limit the number of cannabis event licenses that a person or | |
| 2849 | + | 87.17business may hold. | |
| 2850 | + | 87.18 (c) For purposes of this subdivision, restrictions on the number or type of license that a | |
| 2851 | + | 87.19business may hold apply to every cooperative member or every director, manager, and | |
| 2852 | + | 87.20general partner of a cannabis business. | |
| 2853 | + | 87.21Sec. 40. [342.40] CANNABIS EVENT ORGANIZER OPERATIONS. | |
| 2854 | + | 87.22 Subdivision 1.Local approval.A cannabis event organizer must receive local approval, | |
| 2855 | + | 87.23including obtaining any necessary permits or licenses issued by a local unit of government, | |
| 2856 | + | 87.24before holding a cannabis event. | |
| 2857 | + | 87.25 Subd. 2.Charging fees.(a) A cannabis event organizer may charge an entrance fee to | |
| 2858 | + | 87.26a cannabis event. | |
| 2859 | + | 87.27 (b) A cannabis event organizer may charge a fee to a cannabis business or hemp business | |
| 2860 | + | 87.28in exchange for space to display and sell cannabis plants, adult-use cannabis flower, adult-use | |
| 2861 | + | 87.29cannabis products, lower-potency hemp edibles, and hemp-derived consumer products. Any | |
| 2862 | + | 87.30fee paid for participation in a cannabis event shall not be based on or tied to the sale of | |
| 2863 | + | 87.31cannabis plants, adult-use cannabis flower, adult-use cannabis products, lower-potency | |
| 2864 | + | 87.32hemp edibles, or hemp-derived consumer products. | |
| 2865 | + | 87Article 1 Sec. 40. | |
| 2866 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 88.1 Subd. 3.Security.A cannabis event organizer must hire or contract for licensed security | |
| 2867 | + | 88.2personnel to provide security services at the cannabis event. All security personnel hired or | |
| 2868 | + | 88.3contracted for shall be at least 21 years of age and present on the licensed event premises | |
| 2869 | + | 88.4at all times that cannabis plants, adult-use cannabis flower, adult-use cannabis products, | |
| 2870 | + | 88.5lower-potency hemp edibles, or hemp-derived consumer products are available for sale or | |
| 2871 | + | 88.6consumption of adult-use cannabis flower, adult-use cannabis products, lower-potency hemp | |
| 2872 | + | 88.7edibles, or hemp-derived consumer products is allowed. The security personnel shall not | |
| 2873 | + | 88.8consume cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 2874 | + | 88.9consumer products for at least 24 hours before the event or during the event. | |
| 2875 | + | 88.10 Subd. 4.Limited access to event.A cannabis event organizer shall ensure that access | |
| 2876 | + | 88.11to an event is limited to individuals who are at least 21 years of age. At or near each public | |
| 2877 | + | 88.12entrance to any area where the sale or consumption of adult-use cannabis flower, adult-use | |
| 2878 | + | 88.13cannabis products, lower-potency hemp edibles, or hemp-derived consumer products is | |
| 2879 | + | 88.14allowed, a cannabis event organizer shall maintain a clearly visible and legible sign consisting | |
| 2880 | + | 88.15of the following statement: "No persons under 21 allowed." The lettering of the sign shall | |
| 2881 | + | 88.16be not less than one inch in height. | |
| 2882 | + | 88.17 Subd. 5.Cannabis waste.A cannabis event organizer shall ensure that all used, unused, | |
| 2883 | + | 88.18and waste cannabis plants, adult-use cannabis flower, adult-use cannabis products, | |
| 2884 | + | 88.19lower-potency hemp edibles, and hemp-derived consumer products that are not removed | |
| 2885 | + | 88.20by a customer, cannabis business, or hemp business are disposed of in a manner approved | |
| 2886 | + | 88.21by the office. | |
| 2887 | + | 88.22 Subd. 6.Transportation of cannabis plants, flower, and products.All transportation | |
| 2888 | + | 88.23of cannabis plants, adult-use cannabis flower, adult-use cannabis products, lower-potency | |
| 2889 | + | 88.24hemp edibles, and hemp-derived consumer products intended for display or sale and all | |
| 2890 | + | 88.25such items used for display or not sold during the cannabis event must be transported to | |
| 2891 | + | 88.26and from the cannabis event by a licensed cannabis transporter. | |
| 2892 | + | 88.27 Subd. 7.Cannabis event sales.(a) Cannabis microbusinesses with a retail endorsement, | |
| 2893 | + | 88.28cannabis mezzobusinesses with a retail endorsement, cannabis retailers, and lower-potency | |
| 2894 | + | 88.29hemp edible retailers, including the cannabis event organizer, may be authorized to sell | |
| 2895 | + | 88.30cannabis plants, adult-use cannabis flower, adult-use cannabis products, lower-potency | |
| 2896 | + | 88.31hemp edibles, and hemp-derived consumer products to customers at a cannabis event. | |
| 2897 | + | 88.32 (b) All sales of cannabis plants, adult-use cannabis flower, adult-use cannabis products, | |
| 2898 | + | 88.33lower-potency hemp edibles, and hemp-derived consumer products at a cannabis event must | |
| 2899 | + | 88.34take place in a retail area as designated in the premises diagram. | |
| 2900 | + | 88Article 1 Sec. 40. | |
| 2901 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 89.1 (c) Authorized retailers may only conduct sales within their specifically assigned area. | |
| 2902 | + | 89.2 (d) Authorized retailers must verify the age of all customers pursuant to section 342.27, | |
| 2903 | + | 89.3subdivision 4, before completing a sale and may not sell cannabis plants, adult-use cannabis | |
| 2904 | + | 89.4flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 2905 | + | 89.5products to an individual under 21 years of age. | |
| 2906 | + | 89.6 (e) Authorized retailers may display one sample of each type of cannabis plant, adult-use | |
| 2907 | + | 89.7cannabis flower, adult-use cannabis product, lower-potency hemp edible, and hemp-derived | |
| 2908 | + | 89.8consumer product available for sale. Samples of adult-use cannabis and adult-use cannabis | |
| 2909 | + | 89.9products must be stored in a sample jar or display case and be accompanied by a label or | |
| 2910 | + | 89.10notice containing the information required to be affixed to the packaging or container | |
| 2911 | + | 89.11containing adult-use cannabis flower and adult-use cannabis products sold to customers. A | |
| 2912 | + | 89.12sample may not consist of more than eight grams of adult-use cannabis flower or adult-use | |
| 2913 | + | 89.13cannabis concentrate, or an edible cannabis product infused with more than 100 milligrams | |
| 2914 | + | 89.14of tetrahydrocannabinol. A cannabis retailer may allow customers to smell the adult-use | |
| 2915 | + | 89.15cannabis flower or adult-use cannabis product before purchase. | |
| 2916 | + | 89.16 (f) The notice requirements under section 342.27, subdivision 6, apply to authorized | |
| 2917 | + | 89.17retailers offering cannabis plants, adult-use cannabis flower, adult-use cannabinoid products, | |
| 2918 | + | 89.18and hemp-derived consumer products for sale at a cannabis event. | |
| 2919 | + | 89.19 (g) Authorized retailers may not: | |
| 2920 | + | 89.20 (1) sell adult-use cannabis flower, adult-use cannabis products, lower-potency hemp | |
| 2921 | + | 89.21edibles, or hemp-derived consumer products to a person who is visibly intoxicated; | |
| 2922 | + | 89.22 (2) knowingly sell more cannabis plants, adult-use cannabis flower, adult-use cannabis | |
| 2923 | + | 89.23products, lower-potency hemp edibles, or hemp-derived consumer products than a customer | |
| 2924 | + | 89.24is legally permitted to possess; | |
| 2925 | + | 89.25 (3) sell medical cannabis flower or medical cannabinoid products; | |
| 2926 | + | 89.26 (4) give away cannabis plants, cannabis flower, cannabis products, lower-potency hemp | |
| 2927 | + | 89.27edibles, or hemp-derived consumer products; or | |
| 2928 | + | 89.28 (5) allow for the dispensing of cannabis plants, cannabis flower, cannabis products, | |
| 2929 | + | 89.29lower-potency hemp edibles, or hemp-derived consumer products in vending machines. | |
| 2930 | + | 89.30 (h) Except for samples of a cannabis plant, adult-use cannabis flower, adult-use cannabis | |
| 2931 | + | 89.31product, lower-potency hemp edible, and hemp-derived consumer product, all cannabis | |
| 2932 | + | 89.32plants, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, | |
| 2933 | + | 89.33and hemp-derived consumer products for sale at a cannabis event must be stored in a secure, | |
| 2924 | 2934 | 89Article 1 Sec. 40. | |
| 2925 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 90.1cannabis products, lower-potency hemp edibles, and hemp-derived consumer products. Any | |
| 2926 | - | 90.2fee paid for participation in a cannabis event shall not be based on or tied to the sale of | |
| 2927 | - | 90.3cannabis plants, adult-use cannabis flower, adult-use cannabis products, lower-potency | |
| 2928 | - | 90.4hemp edibles, or hemp-derived consumer products. | |
| 2929 | - | 90.5 Subd. 3.Security.A cannabis event organizer must hire or contract for licensed security | |
| 2930 | - | 90.6personnel to provide security services at the cannabis event. All security personnel hired or | |
| 2931 | - | 90.7contracted for shall be at least 21 years of age and present on the licensed event premises | |
| 2932 | - | 90.8at all times that cannabis plants, adult-use cannabis flower, adult-use cannabis products, | |
| 2933 | - | 90.9lower-potency hemp edibles, or hemp-derived consumer products are available for sale or | |
| 2934 | - | 90.10consumption of adult-use cannabis flower, adult-use cannabis products, lower-potency hemp | |
| 2935 | - | 90.11edibles, or hemp-derived consumer products is allowed. The security personnel shall not | |
| 2936 | - | 90.12consume cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 2937 | - | 90.13consumer products for at least 24 hours before the event or during the event. | |
| 2938 | - | 90.14 Subd. 4.Limited access to event.A cannabis event organizer shall ensure that access | |
| 2939 | - | 90.15to an event is limited to individuals who are at least 21 years of age. At or near each public | |
| 2940 | - | 90.16entrance to any area where the sale or consumption of adult-use cannabis flower, adult-use | |
| 2941 | - | 90.17cannabis products, lower-potency hemp edibles, or hemp-derived consumer products is | |
| 2942 | - | 90.18allowed, a cannabis event organizer shall maintain a clearly visible and legible sign consisting | |
| 2943 | - | 90.19of the following statement: "No persons under 21 allowed." The lettering of the sign shall | |
| 2944 | - | 90.20be not less than one inch in height. | |
| 2945 | - | 90.21 Subd. 5.Cannabis waste.A cannabis event organizer shall ensure that all used, unused, | |
| 2946 | - | 90.22and waste cannabis plants, adult-use cannabis flower, adult-use cannabis products, | |
| 2947 | - | 90.23lower-potency hemp edibles, and hemp-derived consumer products that are not removed | |
| 2948 | - | 90.24by a customer, cannabis business, or hemp business are disposed of in a manner approved | |
| 2949 | - | 90.25by the office. | |
| 2950 | - | 90.26 Subd. 6.Transportation of cannabis plants, flower, and products.All transportation | |
| 2951 | - | 90.27of cannabis plants, adult-use cannabis flower, adult-use cannabis products, lower-potency | |
| 2952 | - | 90.28hemp edibles, and hemp-derived consumer products intended for display or sale and all | |
| 2953 | - | 90.29such items used for display or not sold during the cannabis event must be transported to | |
| 2954 | - | 90.30and from the cannabis event by a licensed cannabis transporter. | |
| 2955 | - | 90.31 Subd. 7.Cannabis event sales.(a) Cannabis microbusinesses with a retail endorsement, | |
| 2956 | - | 90.32cannabis mezzobusinesses with a retail endorsement, cannabis retailers, and lower-potency | |
| 2957 | - | 90.33hemp edible retailers, including the cannabis event organizer, may be authorized to sell | |
| 2958 | - | 90Article 1 Sec. 40. | |
| 2959 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 91.1cannabis plants, adult-use cannabis flower, adult-use cannabis products, lower-potency | |
| 2960 | - | 91.2hemp edibles, and hemp-derived consumer products to customers at a cannabis event. | |
| 2961 | - | 91.3 (b) All sales of cannabis plants, adult-use cannabis flower, adult-use cannabis products, | |
| 2962 | - | 91.4lower-potency hemp edibles, and hemp-derived consumer products at a cannabis event must | |
| 2963 | - | 91.5take place in a retail area as designated in the premises diagram. | |
| 2964 | - | 91.6 (c) Authorized retailers may only conduct sales within their specifically assigned area. | |
| 2965 | - | 91.7 (d) Authorized retailers must verify the age of all customers pursuant to section 342.27, | |
| 2966 | - | 91.8subdivision 4, before completing a sale and may not sell cannabis plants, adult-use cannabis | |
| 2967 | - | 91.9flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 2968 | - | 91.10products to an individual under 21 years of age. | |
| 2969 | - | 91.11 (e) Authorized retailers may display one sample of each type of cannabis plant, adult-use | |
| 2970 | - | 91.12cannabis flower, adult-use cannabis product, lower-potency hemp edible, and hemp-derived | |
| 2971 | - | 91.13consumer product available for sale. Samples of adult-use cannabis and adult-use cannabis | |
| 2972 | - | 91.14products must be stored in a sample jar or display case and be accompanied by a label or | |
| 2973 | - | 91.15notice containing the information required to be affixed to the packaging or container | |
| 2974 | - | 91.16containing adult-use cannabis flower and adult-use cannabis products sold to customers. A | |
| 2975 | - | 91.17sample may not consist of more than eight grams of adult-use cannabis flower or adult-use | |
| 2976 | - | 91.18cannabis concentrate, or an edible cannabis product infused with more than 100 milligrams | |
| 2977 | - | 91.19of tetrahydrocannabinol. A cannabis retailer may allow customers to smell the adult-use | |
| 2978 | - | 91.20cannabis flower or adult-use cannabis product before purchase. | |
| 2979 | - | 91.21 (f) The notice requirements under section 342.27, subdivision 6, apply to authorized | |
| 2980 | - | 91.22retailers offering cannabis plants, adult-use cannabis flower, adult-use cannabinoid products, | |
| 2981 | - | 91.23and hemp-derived consumer products for sale at a cannabis event. | |
| 2982 | - | 91.24 (g) Authorized retailers may not: | |
| 2983 | - | 91.25 (1) sell adult-use cannabis flower, adult-use cannabis products, lower-potency hemp | |
| 2984 | - | 91.26edibles, or hemp-derived consumer products to a person who is visibly intoxicated; | |
| 2985 | - | 91.27 (2) knowingly sell more cannabis plants, adult-use cannabis flower, adult-use cannabis | |
| 2986 | - | 91.28products, lower-potency hemp edibles, or hemp-derived consumer products than a customer | |
| 2987 | - | 91.29is legally permitted to possess; | |
| 2988 | - | 91.30 (3) sell medical cannabis flower or medical cannabinoid products; | |
| 2989 | - | 91.31 (4) give away cannabis plants, cannabis flower, cannabis products, lower-potency hemp | |
| 2990 | - | 91.32edibles, or hemp-derived consumer products; or | |
| 2991 | - | 91Article 1 Sec. 40. | |
| 2992 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 92.1 (5) allow for the dispensing of cannabis plants, cannabis flower, cannabis products, | |
| 2993 | - | 92.2lower-potency hemp edibles, or hemp-derived consumer products in vending machines. | |
| 2994 | - | 92.3 (h) Except for samples of a cannabis plant, adult-use cannabis flower, adult-use cannabis | |
| 2995 | - | 92.4product, lower-potency hemp edible, and hemp-derived consumer product, all cannabis | |
| 2996 | - | 92.5plants, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, | |
| 2997 | - | 92.6and hemp-derived consumer products for sale at a cannabis event must be stored in a secure, | |
| 2998 | - | 92.7locked container that is not accessible to the public. Such items being stored at a cannabis | |
| 2999 | - | 92.8event shall not be left unattended. | |
| 3000 | - | 92.9 (i) All cannabis plants, adult-use cannabis flower, adult-use cannabis products, | |
| 3001 | - | 92.10lower-potency hemp edibles, and hemp-derived consumer products for sale at a cannabis | |
| 3002 | - | 92.11event must comply with this chapter and rules adopted pursuant to this chapter regarding | |
| 3003 | - | 92.12the testing, packaging, and labeling of those items. | |
| 3004 | - | 92.13 (j) All cannabis plants, adult-use cannabis flower, and adult-use cannabis products sold, | |
| 3005 | - | 92.14damaged, or destroyed at a cannabis event must be recorded in the statewide monitoring | |
| 3006 | - | 92.15system. | |
| 3007 | - | 92.16 Subd. 8.Cannabis event on-site consumption.(a) If approved by the local unit of | |
| 3008 | - | 92.17government, a cannabis event may designate an area for consumption of adult-use cannabis | |
| 3009 | - | 92.18flower, adult-use cannabis products, lower-potency hemp edibles, hemp-derived consumer | |
| 3010 | - | 92.19products, or any combination of those items. | |
| 3011 | - | 92.20 (b) Access to areas where consumption of adult-use cannabis flower, adult-use cannabis | |
| 3012 | - | 92.21products, lower-potency hemp edibles, or hemp-derived consumer products is allowed shall | |
| 3013 | - | 92.22be restricted to individuals who are at least 21 years of age. | |
| 3014 | - | 92.23 (c) The cannabis event organizer shall ensure that consumption of adult-use cannabis | |
| 3015 | - | 92.24flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 3016 | - | 92.25products within a designated consumption area is not visible from any public place. | |
| 3017 | - | 92.26 (d) The cannabis event organizer shall not permit consumption of alcohol or tobacco. | |
| 3018 | - | 92.27 (e) The cannabis event organizer shall not permit smoking, according to section 144.413, | |
| 3019 | - | 92.28of adult-use cannabis flower or cannabis products at any location where smoking is not | |
| 3020 | - | 92.29permitted under sections 144.413 to 144.417. Nothing in this section prohibits a statutory | |
| 3021 | - | 92.30or home rule charter city or county from enacting and enforcing more stringent measures | |
| 3022 | - | 92.31to protect individuals from secondhand smoke or involuntary exposure to aerosol or vapor | |
| 3023 | - | 92.32from electronic delivery devices. | |
| 3024 | - | 92Article 1 Sec. 40. | |
| 3025 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 93.1 Sec. 41. [342.41] CANNABIS DELIVERY SERVICE LICENSING. | |
| 3026 | - | 93.2 Subdivision 1.Authorized actions.A cannabis delivery service license entitles the | |
| 3027 | - | 93.3license holder to purchase cannabis flower, cannabis products, lower-potency hemp edibles, | |
| 3028 | - | 93.4and hemp-derived consumer products from licensed cannabis microbusinesses with a retail | |
| 3029 | - | 93.5endorsement, cannabis mezzobusinesses with a retail endorsement, cannabis retailers, | |
| 3030 | - | 93.6medical cannabis retailers, and medical cannabis combination businesses; transport and | |
| 3031 | - | 93.7deliver cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived | |
| 3032 | - | 93.8consumable products to customers; and perform other actions approved by the office. | |
| 3033 | - | 93.9 Subd. 2.Additional information required.In addition to the information required to | |
| 3034 | - | 93.10be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 3035 | - | 93.11a person, cooperative, or business seeking a cannabis delivery service license must submit | |
| 3036 | - | 93.12the following information in a form approved by the office: | |
| 3037 | - | 93.13 (1) a list of all vehicles to be used in the delivery of cannabis flower, cannabis products, | |
| 3038 | - | 93.14lower-potency hemp edibles, and hemp-derived consumer products including: | |
| 3039 | - | 93.15 (i) the vehicle make, model, and color; | |
| 3040 | - | 93.16 (ii) the vehicle identification number; and | |
| 3041 | - | 93.17 (iii) the license plate number; | |
| 3042 | - | 93.18 (2) proof of insurance for each vehicle; | |
| 3043 | - | 93.19 (3) a business plan demonstrating policies to avoid sales of cannabis flower, cannabis | |
| 3044 | - | 93.20products, lower-potency hemp edibles, and hemp-derived consumer products to individuals | |
| 3045 | - | 93.21who are under 21 years of age and plans to prevent the visibility of cannabis flower, cannabis | |
| 3046 | - | 93.22products, lower-potency hemp edibles, and hemp-derived consumer products to individuals | |
| 3047 | - | 93.23outside the delivery vehicle; and | |
| 3048 | - | 93.24 (4) evidence that the business will comply with the applicable operation requirements | |
| 3049 | - | 93.25for the license being sought. | |
| 3050 | - | 93.26 Subd. 3.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 3051 | - | 93.27cannabis delivery service license may also hold a cannabis retailer license, a cannabis | |
| 3052 | - | 93.28wholesaler license, a cannabis transporter license, a cannabis event organizer license, and | |
| 3053 | - | 93.29a medical cannabis retailer license subject to the ownership limitations that apply to those | |
| 3054 | - | 93.30licenses. | |
| 3055 | - | 93Article 1 Sec. 41. | |
| 3056 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 94.1 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 3057 | - | 94.2cannabis delivery service license may own or operate any other cannabis business or hemp | |
| 3058 | - | 94.3business. | |
| 3059 | - | 94.4 (c) The office by rule may limit the number of cannabis delivery service licenses that a | |
| 3060 | - | 94.5person or business may hold. | |
| 3061 | - | 94.6 (d) For purposes of this subdivision, a restriction on the number or type of license that | |
| 3062 | - | 94.7a business may hold applies to every cooperative member or every director, manager, and | |
| 3063 | - | 94.8general partner of a cannabis business. | |
| 3064 | - | 94.9 Sec. 42. [342.42] CANNABIS DELIVERY SERVICE OPERATIONS. | |
| 3065 | - | 94.10 Subdivision 1.Age or registry verification.Prior to completing a delivery, a cannabis | |
| 3066 | - | 94.11delivery service shall verify that the customer is at least 21 years of age or is enrolled in the | |
| 3067 | - | 94.12registry program. Section 342.27, subdivision 4, applies to the verification of a customer's | |
| 3068 | - | 94.13age. Registry verification issued by the Division of Medical Cannabis may be considered | |
| 3069 | - | 94.14evidence that the person is enrolled in the registry program. | |
| 3070 | - | 94.15 Subd. 2.Records.The office by rule shall establish record-keeping requirements for a | |
| 3071 | - | 94.16cannabis delivery service, including but not limited to proof of delivery to individuals who | |
| 3072 | - | 94.17are at least 21 years of age or enrolled in the registry program. | |
| 3073 | - | 94.18 Subd. 3.Amount to be transported.The office by rule shall establish limits on the | |
| 3074 | - | 94.19amount of cannabis flower, cannabis products, lower-potency hemp edibles, and | |
| 3075 | - | 94.20hemp-derived consumer products that a cannabis delivery service may transport. | |
| 3076 | - | 94.21 Subd. 4.Statewide monitoring system.Receipt of cannabis flower and cannabis products | |
| 3077 | - | 94.22by the cannabis delivery service and a delivery to a customer must be recorded in the | |
| 3078 | - | 94.23statewide monitoring system within the time established by rule. | |
| 3079 | - | 94.24 Subd. 5.Storage compartment.Cannabis flower, cannabis products, lower-potency | |
| 3080 | - | 94.25hemp edibles, and hemp-derived consumer products must be transported in a locked, safe, | |
| 3081 | - | 94.26and secure storage compartment that is part of the cannabis delivery service vehicle or in a | |
| 3082 | - | 94.27locked storage container that has a separate key or combination pad. Cannabis flower, | |
| 3083 | - | 94.28cannabis products, lower-potency hemp edibles, and hemp-derived consumer products may | |
| 3084 | - | 94.29not be visible from outside the cannabis delivery service vehicle. | |
| 3085 | - | 94.30 Subd. 6.Identifying logos or business names prohibited.No cannabis delivery service | |
| 3086 | - | 94.31vehicle or trailer may contain an image depicting the types of items being transported, | |
| 3087 | - | 94.32including but not limited to an image depicting a cannabis or hemp leaf, or a name suggesting | |
| 3088 | - | 94Article 1 Sec. 42. | |
| 3089 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 95.1that the cannabis delivery service vehicle is used for transporting cannabis flower, cannabis | |
| 3090 | - | 95.2products, lower-potency hemp edibles, and hemp-derived consumer products. | |
| 3091 | - | 95.3 Subd. 7.Nonemployee passengers prohibited.Only a cannabis worker employed by | |
| 3092 | - | 95.4or contracted with the cannabis delivery service and who is at least 21 years of age may | |
| 3093 | - | 95.5transport cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived | |
| 3094 | - | 95.6consumer products. All passengers in a cannabis delivery service vehicle must be cannabis | |
| 3095 | - | 95.7workers employed by or contracted with the cannabis delivery service. | |
| 3096 | - | 95.8 Subd. 8.Vehicles subject to inspection.Any cannabis delivery service vehicle is subject | |
| 3097 | - | 95.9to inspection at any time. | |
| 3098 | - | 95.10Sec. 43. [342.43] HEMP BUSINESS LICENSE TYPES; MULTIPLE LICENSES. | |
| 3099 | - | 95.11 Subdivision 1.License types.The office shall issue the following types of hemp business | |
| 3100 | - | 95.12licenses: | |
| 3101 | - | 95.13 (1) lower-potency hemp edible manufacturer; and | |
| 3102 | - | 95.14 (2) lower-potency hemp edible retailer. | |
| 3103 | - | 95.15 Subd. 2.Multiple licenses; limits.(a) A person, cooperative, or business may hold both | |
| 3104 | - | 95.16a lower-potency hemp edible manufacturer and lower-potency hemp edible retailer license. | |
| 3105 | - | 95.17 (b) Nothing in this section prohibits a person, cooperative, or business from holding a | |
| 3106 | - | 95.18lower-potency hemp edible manufacturer license, a lower-potency hemp edible retailer | |
| 3107 | - | 95.19license, or both, and also holding a license to cultivate industrial hemp issued pursuant to | |
| 3108 | - | 95.20chapter 18K. | |
| 3109 | - | 95.21 (c) Nothing in this section prohibits a person, cooperative, or business from holding a | |
| 3110 | - | 95.22lower-potency hemp edible manufacturer license, a lower-potency hemp edible retailer | |
| 3111 | - | 95.23license, or both, and also holding any other license, including but not limited to a license | |
| 3112 | - | 95.24to prepare or sell food; sell tobacco, tobacco-related devices, electronic delivery devices as | |
| 3113 | - | 95.25defined in section 609.685, subdivision 1, and nicotine and lobelia delivery products as | |
| 3114 | - | 95.26described in section 609.6855; or manufacture or sell alcoholic beverages as defined in | |
| 3115 | - | 95.27section 340A.101, subdivision 2. | |
| 3116 | - | 95.28 (d) A person, cooperative, or business holding a lower-potency hemp edible manufacturer | |
| 3117 | - | 95.29license, a lower-potency hemp edible retailer license, or both, may not hold a cannabis | |
| 3118 | - | 95.30business license. | |
| 3119 | - | 95Article 1 Sec. 43. | |
| 3120 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 96.1 Sec. 44. [342.44] HEMP BUSINESS LICENSES; APPLICATIONS AND ISSUANCE. | |
| 3121 | - | 96.2 Subdivision 1.Application; contents.(a) Except as otherwise provided in this | |
| 3122 | - | 96.3subdivision, the provisions of this chapter relating to license applications, license selection | |
| 3123 | - | 96.4criteria, general ownership disqualifications and requirements, and general operational | |
| 3124 | - | 96.5requirements do not apply to hemp businesses. | |
| 3125 | - | 96.6 (b) The office, by rule, shall establish forms and procedures for the processing of hemp | |
| 3126 | - | 96.7licenses issued under this chapter. At a minimum, any application to obtain or renew a hemp | |
| 3127 | - | 96.8license shall include the following information, if applicable: | |
| 3128 | - | 96.9 (1) the name, address, and date of birth of the applicant; | |
| 3129 | - | 96.10 (2) the address and legal property description of the business; | |
| 3130 | - | 96.11 (3) proof of trade name registration; | |
| 3131 | - | 96.12 (4) certification that the applicant will comply with the requirements of this chapter | |
| 3132 | - | 96.13relating to the ownership and operation of a hemp business; | |
| 3133 | - | 96.14 (5) identification of one or more controlling persons or managerial employees as agents | |
| 3134 | - | 96.15who shall be responsible for dealing with the office on all matters; and | |
| 3135 | - | 96.16 (6) a statement that the applicant agrees to respond to the office's supplemental requests | |
| 3136 | - | 96.17for information. | |
| 3137 | - | 96.18 (c) An applicant for a lower-potency hemp edible manufacturer license must submit an | |
| 3138 | - | 96.19attestation signed by a bona fide labor organization stating that the applicant has entered | |
| 3139 | - | 96.20into a labor peace agreement. | |
| 3140 | - | 96.21 (d) An application on behalf of a corporation or association shall be signed by at least | |
| 3141 | - | 96.22two officers or managing agents of that entity. | |
| 3142 | - | 96.23 Subd. 2.Issuance; eligibility; prohibition on transfer.(a) The office may issue a hemp | |
| 3143 | - | 96.24license to an applicant who: | |
| 3144 | - | 96.25 (1) is at least 21 years of age; | |
| 3145 | - | 96.26 (2) has completed an application for licensure or application for renewal and has fully | |
| 3146 | - | 96.27and truthfully complied with all information requests relating to license application and | |
| 3147 | - | 96.28renewal; | |
| 3148 | - | 96.29 (3) has paid the applicable application and license fees pursuant to section 342.11; | |
| 3149 | - | 96.30 (4) is not employed by the office or any state agency with regulatory authority over this | |
| 3150 | - | 96.31chapter; and | |
| 3151 | - | 96Article 1 Sec. 44. | |
| 3152 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 97.1 (5) does not hold any cannabis business license. | |
| 3153 | - | 97.2 (b) Licenses must be renewed annually. | |
| 3154 | - | 97.3 (c) Licenses may not be transferred. | |
| 3155 | - | 97.4 Sec. 45. [342.45] LOWER-POTENCY HEMP EDIBLE MANUFACTURER. | |
| 3156 | - | 97.5 Subdivision 1.Authorized actions.A lower-potency hemp edible manufacturer license | |
| 3157 | - | 97.6entitles the license holder to: | |
| 3158 | - | 97.7 (1) purchase hemp plant parts, hemp concentrate, and artificially derived cannabinoids | |
| 3159 | - | 97.8from cannabis microbusinesses, cannabis mezzobusinesses, cannabis manufacturers, cannabis | |
| 3160 | - | 97.9wholesalers, and lower-potency hemp edible manufacturers; | |
| 3161 | - | 97.10 (2) purchase hemp plant parts and propagules from industrial hemp growers licensed | |
| 3162 | - | 97.11under chapter 18K; | |
| 3163 | - | 97.12 (3) purchase hemp concentrate from an industrial hemp processor licensed under chapter | |
| 3164 | - | 97.1318K; | |
| 3165 | - | 97.14 (4) make hemp concentrate; | |
| 3166 | - | 97.15 (5) manufacture artificially derived cannabinoids; | |
| 3167 | - | 97.16 (6) manufacture lower-potency hemp edibles for public consumption; | |
| 3168 | - | 97.17 (7) package and label lower-potency hemp edibles for sale to customers; | |
| 3169 | - | 97.18 (8) sell hemp concentrate, artificially derived cannabinoids, and lower-potency hemp | |
| 3170 | - | 97.19edibles to other cannabis businesses and hemp businesses; and | |
| 3171 | - | 97.20 (9) perform other actions approved by the office. | |
| 3172 | - | 97.21 Subd. 2.All manufacturer operations.(a) All hemp manufacturing must take place in | |
| 3173 | - | 97.22a facility and on equipment that meets the applicable health and safety requirements | |
| 3174 | - | 97.23established by the office, including requirements for cleaning and testing machinery between | |
| 3175 | - | 97.24production of different products. | |
| 3176 | - | 97.25 (b) A lower-potency hemp edible manufacturer must comply with all applicable | |
| 3177 | - | 97.26packaging, labeling, and testing requirements. | |
| 3178 | - | 97.27 Subd. 3.Extraction and concentration.(a) A lower-potency hemp edible manufacturer | |
| 3179 | - | 97.28that creates hemp concentrate or artificially derived cannabinoids must obtain an endorsement | |
| 3180 | - | 97.29from the office. | |
| 3181 | - | 97Article 1 Sec. 45. | |
| 3182 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 98.1 (b) A lower-potency hemp edible manufacturer seeking an endorsement to create hemp | |
| 3183 | - | 98.2concentrate must inform the office of all methods of extraction and concentration that the | |
| 3184 | - | 98.3manufacturer intends to use and identify the volatile chemicals, if any, that will be involved | |
| 3185 | - | 98.4in the creation of hemp concentrate. A lower-potency hemp edible manufacturer may not | |
| 3186 | - | 98.5use a method of extraction and concentration or a volatile chemical without approval by | |
| 3187 | - | 98.6the office. | |
| 3188 | - | 98.7 (c) A lower-potency hemp edible manufacturer seeking an endorsement to create | |
| 3189 | - | 98.8artificially derived cannabinoids must inform the office of all methods of conversion that | |
| 3190 | - | 98.9the manufacturer will use, including any specific catalysts that the manufacturer will employ, | |
| 3191 | - | 98.10to create artificially derived cannabinoids and the molecular nomenclature of all cannabinoids | |
| 3192 | - | 98.11or other chemical compounds that the manufacturer will create. A business licensed or | |
| 3193 | - | 98.12authorized to manufacture lower-potency hemp edibles may not use a method of conversion | |
| 3194 | - | 98.13or a catalyst without approval by the office. | |
| 3195 | - | 98.14 (d) A lower-potency hemp edible manufacturer must obtain a certification from an | |
| 3196 | - | 98.15independent third-party industrial hygienist or professional engineer approving: | |
| 3197 | - | 98.16 (1) all electrical, gas, fire suppression, and exhaust systems; and | |
| 3198 | - | 98.17 (2) the plan for safe storage and disposal of hazardous substances, including but not | |
| 3199 | - | 98.18limited to any volatile chemicals. | |
| 3200 | - | 98.19 (e) Upon the sale of hemp concentrate or artificially derived cannabinoids to any person, | |
| 3201 | - | 98.20cooperative, or business, a lower-potency hemp edible manufacturer must provide a statement | |
| 3202 | - | 98.21to the buyer that discloses the method of extraction and concentration or conversion used | |
| 3203 | - | 98.22and any solvents, gases, or catalysts, including but not limited to any volatile chemicals | |
| 3204 | - | 98.23involved in that method. | |
| 3205 | - | 98.24 Subd. 4.Production of consumer products.(a) A lower-potency hemp edible | |
| 3206 | - | 98.25manufacturer that produces lower-potency hemp edibles must obtain an edible cannabinoid | |
| 3207 | - | 98.26product handler endorsement from the office. | |
| 3208 | - | 98.27 (b) All areas within the premises of a lower-potency hemp edible manufacturer used for | |
| 3209 | - | 98.28producing lower-potency hemp edibles must meet the sanitary standards specified in rules | |
| 3210 | - | 98.29adopted by the office. | |
| 3211 | - | 98.30 (c) A lower-potency hemp edible manufacturer may only add chemicals or compounds | |
| 3212 | - | 98.31approved by the office to hemp concentrate or artificially derived cannabinoids. | |
| 3213 | - | 98.32 (d) Upon the sale of any lower-potency hemp edible to a cannabis business or hemp | |
| 3214 | - | 98.33business, a lower-potency hemp edible manufacturer must provide a statement to the buyer | |
| 3215 | - | 98Article 1 Sec. 45. | |
| 3216 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 99.1that discloses the product's ingredients, including but not limited to any chemicals or | |
| 3217 | - | 99.2compounds and any major food allergens declared by name. | |
| 3218 | - | 99.3 (e) A lower-potency hemp edible manufacturer shall not add any artificially derived | |
| 3219 | - | 99.4cannabinoid, hemp plant part, or hemp concentrate to a product if the manufacturer of the | |
| 3220 | - | 99.5product holds a trademark to the product's name, except that a lower-potency hemp edible | |
| 3221 | - | 99.6manufacturer may use a trademarked food product if the manufacturer uses the product as | |
| 3222 | - | 99.7a component or as part of a recipe and if the lower-potency hemp edible manufacturer does | |
| 3223 | - | 99.8not state or advertise to the customer that the final retail lower-potency hemp edible contains | |
| 3224 | - | 99.9a trademarked food product. | |
| 3225 | - | 99.10 (f) A lower-potency hemp edible manufacturer shall not add any cannabis flower, | |
| 3226 | - | 99.11cannabis concentrate, or cannabinoid derived from cannabis flower or cannabis concentrate | |
| 3227 | - | 99.12to a product. | |
| 3228 | - | 99.13 Subd. 5.Transportation of hemp concentrate, artificially derived cannabinoids, | |
| 3229 | - | 99.14and lower-potency hemp edibles.(a) A lower-potency hemp edible manufacturer may | |
| 3230 | - | 99.15transport hemp concentrate, artificially derived cannabinoids, and lower-potency hemp | |
| 3231 | - | 99.16edibles on public roadways provided: | |
| 3232 | - | 99.17 (1) the artificially derived cannabinoids, hemp concentrate, or lower-potency hemp | |
| 3233 | - | 99.18edibles are in a locked, safe, and secure storage compartment that is part of the motor vehicle | |
| 3234 | - | 99.19or in a locked storage container that has a separate key or combination pad; | |
| 3235 | - | 99.20 (2) the artificially derived cannabinoids, hemp concentrate, or lower-potency hemp | |
| 3236 | - | 99.21edibles are packaged in tamper-evident containers that are not visible or recognizable from | |
| 3237 | - | 99.22outside the transporting vehicle; | |
| 3238 | - | 99.23 (3) the lower-potency hemp edible manufacturer has a shipping manifest in the | |
| 3239 | - | 99.24lower-potency hemp edible manufacturer's possession that describes the contents of all | |
| 3240 | - | 99.25tamper-evident containers; | |
| 3241 | - | 99.26 (4) all departures, arrivals, and stops are appropriately documented; | |
| 3242 | - | 99.27 (5) no person other than a designated employee enters a vehicle at any time that the | |
| 3243 | - | 99.28vehicle is transporting artificially derived cannabinoids, hemp concentrate, or lower-potency | |
| 3244 | - | 99.29hemp edibles; and | |
| 3245 | - | 99.30 (6) the lower-potency hemp edible manufacturer complies with any other rules adopted | |
| 3246 | - | 99.31by the office. | |
| 3247 | - | 99.32 (b) Any vehicle assigned for the purposes of transporting artificially derived cannabinoids, | |
| 3248 | - | 99.33hemp concentrate, or lower-potency hemp edibles is subject to inspection at any time. | |
| 3249 | - | 99Article 1 Sec. 45. | |
| 3250 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 100.1Sec. 46. [342.46] LOWER-POTENCY HEMP EDIBLE RETAILER. | |
| 3251 | - | 100.2 Subdivision 1.Sale of lower-potency hemp edibles.(a) A lower-potency hemp edible | |
| 3252 | - | 100.3retailer may only sell lower-potency hemp edibles to individuals who are at least 21 years | |
| 3253 | - | 100.4of age. | |
| 3254 | - | 100.5 (b) A lower-potency hemp edible retailer may sell lower-potency hemp edibles that: | |
| 3255 | - | 100.6 (1) are obtained from a licensed Minnesota cannabis microbusiness, cannabis | |
| 3256 | - | 100.7mezzobusiness, cannabis manufacturer, cannabis wholesaler, or lower-potency hemp edible | |
| 3257 | - | 100.8manufacturer; and | |
| 3258 | - | 100.9 (2) meet all applicable packaging and labeling requirements. | |
| 3259 | - | 100.10 Subd. 2.Sale of other products.A lower-potency hemp edible retailer may sell other | |
| 3260 | - | 100.11products or items for which the lower-potency hemp edible retailer has a license or | |
| 3261 | - | 100.12authorization or that do not require a license or authorization. | |
| 3262 | - | 100.13 Subd. 3.Age verification.Prior to initiating a sale, an employee of the lower-potency | |
| 3263 | - | 100.14hemp edible retailer must verify that the customer is at least 21 years of age. Section 342.27, | |
| 3264 | - | 100.15subdivision 4, applies to the verification of a customer's age. | |
| 3265 | - | 100.16 Subd. 4.Display and storage of lower-potency hemp edibles.A lower-potency hemp | |
| 3266 | - | 100.17edible retailer shall ensure that all lower-potency hemp edibles, other than lower-potency | |
| 3267 | - | 100.18hemp edibles that are intended to be consumed as a beverage, are displayed behind a checkout | |
| 3268 | - | 100.19counter where the public is not permitted or in a locked case. All lower-potency hemp | |
| 3269 | - | 100.20edibles that are not displayed must be stored in a secure area. | |
| 3270 | - | 100.21 Subd. 5.Transportation of lower-potency hemp edibles.(a) A lower-potency hemp | |
| 3271 | - | 100.22edible retailer may transport lower-potency hemp edibles on public roadways provided: | |
| 3272 | - | 100.23 (1) the lower-potency hemp edibles are in final packaging; | |
| 3273 | - | 100.24 (2) the lower-potency hemp edibles are packaged in tamper-evident containers that are | |
| 3274 | - | 100.25not visible or recognizable from outside the transporting vehicle; | |
| 3275 | - | 100.26 (3) the lower-potency hemp edible retailer has a shipping manifest in the lower-potency | |
| 3276 | - | 100.27hemp edible retailer's possession that describes the contents of all tamper-evident containers; | |
| 3277 | - | 100.28 (4) all departures, arrivals, and stops are appropriately documented; | |
| 3278 | - | 100.29 (5) no person other than a designated employee enters a vehicle at any time that the | |
| 3279 | - | 100.30vehicle is transporting lower-potency hemp edibles; and | |
| 3280 | - | 100Article 1 Sec. 46. | |
| 3281 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 101.1 (6) the lower-potency hemp edible retailer complies with any other rules adopted by the | |
| 3282 | - | 101.2office. | |
| 3283 | - | 101.3 (b) Any vehicle assigned for the purposes of transporting lower-potency hemp edibles | |
| 3284 | - | 101.4is subject to inspection at any time. | |
| 3285 | - | 101.5 Subd. 6.Compliant products.(a) A lower-potency hemp edible retailer shall ensure | |
| 3286 | - | 101.6that all lower-potency hemp edibles offered for sale comply with the limits on the amount | |
| 3287 | - | 101.7and types of cannabinoids that a lower-potency hemp edible can contain, including but not | |
| 3288 | - | 101.8limited to the requirement that lower-potency hemp edibles: | |
| 3289 | - | 101.9 (1) consist of servings that contain no more than five milligrams of delta-9 | |
| 3290 | - | 101.10tetrahydrocannabinol, no more than 25 milligrams of cannabidiol, no more than 25 milligrams | |
| 3291 | - | 101.11of cannabigerol, or any combination of those cannabinoids that does not exceed the identified | |
| 3292 | - | 101.12amounts; | |
| 3293 | - | 101.13 (2) do not contain more than a combined total of 0.5 milligrams of all other cannabinoids | |
| 3294 | - | 101.14per serving; and | |
| 3295 | - | 101.15 (3) do not contain an artificially derived cannabinoid other than delta-9 | |
| 3296 | - | 101.16tetrahydrocannabinol. | |
| 3297 | - | 101.17 (b) If a lower-potency hemp edible is packaged in a manner that includes more than a | |
| 3298 | - | 101.18single serving, the lower-potency hemp edible must indicate each serving by scoring, | |
| 3299 | - | 101.19wrapping, or other indicators that appear on the lower-potency hemp edible designating the | |
| 3300 | - | 101.20individual serving size. If it is not possible to indicate a single serving by scoring or use of | |
| 3301 | - | 101.21another indicator that appears on the product, the lower-potency hemp edible may not be | |
| 3302 | - | 101.22packaged in a manner that includes more than a single serving in each container. If the | |
| 3303 | - | 101.23lower-potency hemp edible is meant to be consumed as a beverage, the beverage container | |
| 3304 | - | 101.24may not contain more than two servings per container. | |
| 3305 | - | 101.25 (c) A single package containing multiple servings of a lower-potency hemp edible must | |
| 3306 | - | 101.26contain no more than 50 milligrams of delta-9 tetrahydrocannabinol, 250 milligrams of | |
| 3307 | - | 101.27cannabidiol, 250 milligrams of cannabigerol, or any combination of those cannabinoids that | |
| 3308 | - | 101.28does not exceed the identified amounts. | |
| 3309 | - | 101.29 Subd. 7.Prohibitions.A lower-potency hemp edible retailer may not: | |
| 3310 | - | 101.30 (1) sell lower-potency hemp edibles to an individual who is under 21 years of age; | |
| 3311 | - | 101.31 (2) sell a lower-potency hemp edible to a person who is visibly intoxicated; | |
| 3312 | - | 101.32 (3) sell cannabis flower, cannabis products, or hemp-derived consumer products; | |
| 3313 | - | 101Article 1 Sec. 46. | |
| 3314 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 102.1 (4) allow for the dispensing of lower-potency hemp edibles in vending machines; or | |
| 3315 | - | 102.2 (5) distribute or allow free samples of lower-potency hemp edibles except when the | |
| 3316 | - | 102.3business is licensed to permit on-site consumption and samples are consumed within its | |
| 3317 | - | 102.4licensed premises. | |
| 3318 | - | 102.5 Subd. 8.On-site consumption.(a) A lower-potency hemp edible retailer may permit | |
| 3319 | - | 102.6on-site consumption of lower-potency hemp edibles on a portion of its premises if it has an | |
| 3320 | - | 102.7on-site consumption endorsement. | |
| 3321 | - | 102.8 (b) The office shall issue an on-site consumption endorsement to any lower-potency | |
| 3322 | - | 102.9hemp edible retailer that also holds an on-sale license issued under chapter 340A. | |
| 3323 | - | 102.10 (c) A lower-potency hemp edible retailer must ensure that lower-potency hemp edibles | |
| 3324 | - | 102.11sold for on-site consumption comply with this chapter and rules adopted pursuant to this | |
| 3325 | - | 102.12chapter regarding testing. | |
| 3326 | - | 102.13 (d) Lower-potency hemp edibles sold for on-site consumption, other than lower-potency | |
| 3327 | - | 102.14hemp edibles that are intended to be consumed as a beverage, must be served in the required | |
| 3328 | - | 102.15packaging, but may be removed from the products' packaging by customers and consumed | |
| 3329 | - | 102.16on site. | |
| 3330 | - | 102.17 (e) Lower-potency hemp edibles that are intended to be consumed as a beverage may | |
| 3331 | - | 102.18be served outside of their packaging provided that the information that is required to be | |
| 3332 | - | 102.19contained on the label of a lower-potency hemp edible is posted or otherwise displayed by | |
| 3333 | - | 102.20the lower-potency hemp edible retailer. Hemp workers who serve beverages under this | |
| 3334 | - | 102.21paragraph are not required to obtain an edible cannabinoid product handler endorsement | |
| 3335 | - | 102.22under section 342.07, subdivision 3. | |
| 3336 | - | 102.23 (f) Food and beverages not otherwise prohibited by this subdivision may be prepared | |
| 3337 | - | 102.24and sold on site provided that the lower-potency hemp edible retailer complies with all | |
| 3338 | - | 102.25relevant state and local laws, ordinances, licensing requirements, and zoning requirements. | |
| 3339 | - | 102.26 (g) A lower-potency hemp edible retailer may offer recorded or live entertainment | |
| 3340 | - | 102.27provided that the lower-potency hemp edible retailer complies with all relevant state and | |
| 3341 | - | 102.28local laws, ordinances, licensing requirements, and zoning requirements. | |
| 3342 | - | 102.29 (h) In addition to the prohibitions under subdivision 7, a lower-potency hemp edible | |
| 3343 | - | 102.30retailer with an on-site consumption endorsement may not: | |
| 3344 | - | 102.31 (1) sell lower-potency hemp edibles to a customer who the lower-potency hemp edible | |
| 3345 | - | 102.32retailer knows or reasonably should know is intoxicated or has consumed alcohol within | |
| 3346 | - | 102.33the previous five hours; | |
| 3347 | - | 102Article 1 Sec. 46. | |
| 3348 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 103.1 (2) sell lower-potency hemp edibles that are designed or reasonably expected to be mixed | |
| 3349 | - | 103.2with an alcoholic beverage; or | |
| 3350 | - | 103.3 (3) permit lower-potency hemp edibles that have been removed from the products' | |
| 3351 | - | 103.4packaging to be removed from the premises of the lower-potency hemp edible retailer. | |
| 3352 | - | 103.5 Subd. 9.Posting of notices.A lower-potency hemp edible retailer must post all notices | |
| 3353 | - | 103.6as provided in section 342.27, subdivision 6. | |
| 3354 | - | 103.7 Subd. 10.Building conditions.(a) A lower-potency hemp edible retailer shall maintain | |
| 3355 | - | 103.8compliance with state and local building, fire, and zoning codes, requirements, or regulations. | |
| 3356 | - | 103.9 (b) A lower-potency hemp edible retailer shall ensure that the licensed premises is | |
| 3357 | - | 103.10maintained in a clean and sanitary condition, free from infestation by insects, rodents, or | |
| 3358 | - | 103.11other pests. | |
| 3359 | - | 103.12 Subd. 11.Enforcement.The office shall inspect lower-potency hemp edible retailers | |
| 3360 | - | 103.13and take enforcement action as provided in sections 342.19 and 342.21. | |
| 3361 | - | 103.14Sec. 47. [342.47] MEDICAL CANNABIS BUSINESS LICENSES. | |
| 3362 | - | 103.15 Subdivision 1.License types.(a) The office shall issue the following types of medical | |
| 3363 | - | 103.16cannabis business licenses: | |
| 3364 | - | 103.17 (1) medical cannabis cultivator; | |
| 3365 | - | 103.18 (2) medical cannabis processor; | |
| 3366 | - | 103.19 (3) medical cannabis retailer; and | |
| 3367 | - | 103.20 (4) medical cannabis combination business license. | |
| 3368 | - | 103.21 (b) The Division of Medical Cannabis may oversee the licensing and regulation of | |
| 3369 | - | 103.22medical cannabis businesses. | |
| 3370 | - | 103.23 Subd. 2.Multiple licenses; limits.(a) Except as provided in subdivision 3, a person, | |
| 3371 | - | 103.24cooperative, or business holding: | |
| 3372 | - | 103.25 (1) a medical cannabis cultivator license may also hold a medical cannabis processor | |
| 3373 | - | 103.26license, a cannabis cultivator license, a cannabis manufacturer license, and a cannabis event | |
| 3374 | - | 103.27organizer license subject to the ownership limitations that apply to those licenses; | |
| 3375 | - | 103.28 (2) a medical cannabis processor license may also hold a medical cannabis cultivator | |
| 3376 | - | 103.29license, a cannabis cultivator license, a cannabis manufacturer license, and a cannabis event | |
| 3377 | - | 103.30organizer license subject to the ownership limitations that apply to those licenses; or | |
| 3378 | - | 103Article 1 Sec. 47. | |
| 3379 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 104.1 (3) a medical cannabis retailer license may also hold a cannabis mezzobusiness license, | |
| 3380 | - | 104.2a cannabis retailer license, a cannabis delivery service license, and a cannabis event organizer | |
| 3381 | - | 104.3license subject to the ownership limitations that apply to those licenses. | |
| 3382 | - | 104.4 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 3383 | - | 104.5medical cannabis license may own or operate any other cannabis business or hemp business. | |
| 3384 | - | 104.6 (c) The office by rule may limit the number of medical cannabis business licenses that | |
| 3385 | - | 104.7a person or business may hold. | |
| 3386 | - | 104.8 (d) For purposes of this subdivision, a restriction on the number of licenses or type of | |
| 3387 | - | 104.9license that a business may hold applies to every cooperative member or every director, | |
| 3388 | - | 104.10manager, and general partner of a medical cannabis business. | |
| 3389 | - | 104.11 Subd. 3.Medical cannabis combination business license.(a) A person, cooperative, | |
| 3390 | - | 104.12or business holding a medical cannabis combination license is prohibited from owning or | |
| 3391 | - | 104.13operating any other cannabis business or hemp business. | |
| 3392 | - | 104.14 (b) A person or business may only hold one medical cannabis combination license. | |
| 3393 | - | 104.15 EFFECTIVE DATE.This section is effective March 1, 2025. | |
| 3394 | - | 104.16Sec. 48. [342.48] MEDICAL CANNABIS BUSINESS APPLICATIONS. | |
| 3395 | - | 104.17 In addition to the information required to be submitted under section 342.14, subdivision | |
| 3396 | - | 104.181, and rules adopted pursuant to that section, a person, cooperative, or business seeking a | |
| 3397 | - | 104.19medical cannabis business license must submit the following information in a form approved | |
| 3398 | - | 104.20by the office: | |
| 3399 | - | 104.21 (1) for medical cannabis cultivator license applicants: | |
| 3400 | - | 104.22 (i) an operating plan demonstrating the proposed size and layout of the cultivation facility; | |
| 3401 | - | 104.23plans for wastewater and waste disposal for the cultivation facility; plans for providing | |
| 3402 | - | 104.24electricity, water, and other utilities necessary for the normal operation of the cultivation | |
| 3403 | - | 104.25facility; and plans for compliance with applicable building code and federal and state | |
| 3404 | - | 104.26environmental and workplace safety requirements; | |
| 3405 | - | 104.27 (ii) a cultivation plan demonstrating the proposed size and layout of the cultivation | |
| 3406 | - | 104.28facility that will be used exclusively for cultivation for medical cannabis, including the total | |
| 3407 | - | 104.29amount of plant canopy; and | |
| 3408 | - | 104.30 (iii) evidence that the business will comply with the applicable operation requirements | |
| 3409 | - | 104.31for the license being sought; | |
| 3410 | - | 104Article 1 Sec. 48. | |
| 3411 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 105.1 (2) for medical cannabis processor license applicants: | |
| 3412 | - | 105.2 (i) an operating plan demonstrating the proposed layout of the facility, including a | |
| 3413 | - | 105.3diagram of ventilation and filtration systems; plans for wastewater and waste disposal for | |
| 3414 | - | 105.4the manufacturing facility; plans for providing electricity, water, and other utilities necessary | |
| 3415 | - | 105.5for the normal operation of the manufacturing facility; and plans for compliance with | |
| 3416 | - | 105.6applicable building code and federal and state environmental and workplace safety | |
| 3417 | - | 105.7requirements; | |
| 3418 | - | 105.8 (ii) all methods of extraction and concentration that the applicant intends to use and the | |
| 3419 | - | 105.9volatile chemicals, if any, that are involved in extraction or concentration; | |
| 3420 | - | 105.10 (iii) if the applicant is seeking an endorsement to manufacture products infused with | |
| 3421 | - | 105.11cannabinoids for consumption by patients enrolled in the registry program, proof of an | |
| 3422 | - | 105.12edible cannabinoid product handler endorsement from the office; and | |
| 3423 | - | 105.13 (iv) evidence that the applicant will comply with the applicable operation requirements | |
| 3424 | - | 105.14for the license being sought; | |
| 3425 | - | 105.15 (3) for medical cannabis retailer license applicants: | |
| 3426 | - | 105.16 (i) a list of every retail license held by the applicant and, if the applicant is a business, | |
| 3427 | - | 105.17every retail license held, either as an individual or as part of another business, by each | |
| 3428 | - | 105.18officer, director, manager, and general partner of the cannabis business; | |
| 3429 | - | 105.19 (ii) an operating plan demonstrating the proposed layout of the facility, including a | |
| 3430 | - | 105.20diagram of ventilation and filtration systems, policies to avoid sales to individuals who are | |
| 3431 | - | 105.21not authorized to receive the distribution of medical cannabis flower or medical cannabinoid | |
| 3432 | - | 105.22products, identification of a restricted area for storage, and plans to prevent the visibility of | |
| 3433 | - | 105.23cannabis flower and cannabinoid products; and | |
| 3434 | - | 105.24 (iii) evidence that the applicant will comply with the applicable operation requirements | |
| 3435 | - | 105.25for the license being sought; or | |
| 3436 | - | 105.26 (4) for medical cannabis combination license applicants: | |
| 3437 | - | 105.27 (i) the information required under clauses (1) to (3); and | |
| 3438 | - | 105.28 (ii) any additional information required under sections 342.30, subdivision 3; 342.31, | |
| 3439 | - | 105.29subdivision 3; and 342.32, subdivision 3. | |
| 3440 | - | 105Article 1 Sec. 48. | |
| 3441 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 106.1Sec. 49. [342.49] MEDICAL CANNABIS CULTIVATORS. | |
| 3442 | - | 106.2 (a) A medical cannabis cultivator license entitles the license holder to grow cannabis | |
| 3443 | - | 106.3plants within the approved amount of space up to 60,000 square feet of plant canopy from | |
| 3444 | - | 106.4seed or immature plant to mature plant, harvest cannabis flower from a mature plant, package | |
| 3445 | - | 106.5and label cannabis flower as medical cannabis flower, sell medical cannabis flower to | |
| 3446 | - | 106.6medical cannabis processors and medical cannabis retailers, transport medical cannabis | |
| 3447 | - | 106.7flower to a medical cannabis processor located on the same premises, and perform other | |
| 3448 | - | 106.8actions approved by the office. | |
| 3449 | - | 106.9 (b) A medical cannabis cultivator license holder must comply with all requirements of | |
| 3450 | - | 106.10section 342.25. | |
| 3451 | - | 106.11 (c) A medical cannabis cultivator license holder must verify that every batch of medical | |
| 3452 | - | 106.12cannabis flower has passed safety, potency, and consistency testing at a cannabis testing | |
| 3453 | - | 106.13facility approved by the office for the testing of medical cannabis flower before the medical | |
| 3454 | - | 106.14cannabis cultivator may package, label, or sell the medical cannabis flower to any other | |
| 3455 | - | 106.15entity. | |
| 3456 | - | 106.16 (d) A medical cannabis cultivator may exceed the limit of 60,000 square feet of plant | |
| 3457 | - | 106.17canopy if it was legally cultivating medical cannabis with a greater plant canopy as of April | |
| 3458 | - | 106.181, 2023. | |
| 3459 | - | 106.19 EFFECTIVE DATE.This section is effective March 1, 2025. | |
| 3460 | - | 106.20Sec. 50. [342.50] MEDICAL CANNABIS PROCESSORS. | |
| 3461 | - | 106.21 (a) A medical cannabis processor license, consistent with the specific license endorsement | |
| 3462 | - | 106.22or endorsements, entitles the license holder to: | |
| 3463 | - | 106.23 (1) purchase medical cannabis flower, medical cannabinoid products, hemp plant parts, | |
| 3464 | - | 106.24and hemp concentrate from medical cannabis cultivators and other medical cannabis | |
| 3465 | - | 106.25processors; | |
| 3466 | - | 106.26 (2) purchase hemp plant parts from industrial hemp growers; | |
| 3467 | - | 106.27 (3) make cannabis concentrate from medical cannabis flower; | |
| 3468 | - | 106.28 (4) make hemp concentrate, including hemp concentrate with a delta-9 | |
| 3469 | - | 106.29tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; | |
| 3470 | - | 106.30 (5) manufacture medical cannabinoid products; | |
| 3471 | - | 106Article 1 Sec. 50. | |
| 3472 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 107.1 (6) package and label medical cannabinoid products for sale to other medical cannabis | |
| 3473 | - | 107.2processors and to medical cannabis retailers; and | |
| 3474 | - | 107.3 (7) perform other actions approved by the office. | |
| 3475 | - | 107.4 (b) A medical cannabis processor license holder must comply with all requirements of | |
| 3476 | - | 107.5section 342.26, including requirements to obtain specific license endorsements. | |
| 3477 | - | 107.6 (c) A medical cannabis processor license holder must verify that every batch of medical | |
| 3478 | - | 107.7cannabinoid product has passed safety, potency, and consistency testing at a cannabis testing | |
| 3479 | - | 107.8facility approved by the office for the testing of medical cannabinoid products before the | |
| 3480 | - | 107.9medical cannabis processor may package, label, or sell the medical cannabinoid product to | |
| 3481 | - | 107.10any other entity. | |
| 3482 | - | 107.11 EFFECTIVE DATE.This section is effective March 1, 2025. | |
| 3483 | - | 107.12Sec. 51. [342.51] MEDICAL CANNABIS RETAILERS. | |
| 3484 | - | 107.13 Subdivision 1.Authorized actions.(a) A medical cannabis retailer license entitles the | |
| 3485 | - | 107.14license holder to purchase medical cannabis flower and medical cannabinoid products from | |
| 3486 | - | 107.15medical cannabis cultivators and medical cannabis processors and sell or distribute medical | |
| 3487 | - | 107.16cannabis flower and medical cannabinoid products to any person authorized to receive | |
| 3488 | - | 107.17medical cannabis flower or medical cannabinoid products. | |
| 3489 | - | 107.18 (b) A medical cannabis retailer license holder must verify that all medical cannabis | |
| 3490 | - | 107.19flower and medical cannabinoid products have passed safety, potency, and consistency | |
| 3491 | - | 107.20testing at a cannabis testing facility approved by the office for the testing of medical cannabis | |
| 3492 | - | 107.21flower and medical cannabinoid products before the medical cannabis retailer may distribute | |
| 3493 | - | 107.22the medical cannabis flower or medical cannabinoid product to any person authorized to | |
| 3494 | - | 107.23receive medical cannabis flower or medical cannabinoid products. | |
| 3495 | - | 107.24 Subd. 2.Distribution requirements.(a) Prior to distribution of medical cannabis flower | |
| 3496 | - | 107.25or medical cannabinoid products, a medical cannabis retailer licensee must: | |
| 3497 | - | 107.26 (1) review and confirm the patient's registry verification; | |
| 3498 | - | 107.27 (2) verify that the person requesting the distribution of medical cannabis flower or | |
| 3499 | - | 107.28medical cannabinoid products is the patient, the patient's registered designated caregiver, | |
| 3500 | - | 107.29or the patient's parent, legal guardian, or spouse using the procedures specified in section | |
| 3501 | - | 107.30152.11, subdivision 2d; | |
| 3502 | - | 107.31 (3) ensure that a pharmacist employee of the medical cannabis retailer has consulted | |
| 3503 | - | 107.32with the patient if required according to subdivision 3; and | |
| 3504 | - | 107Article 1 Sec. 51. | |
| 3505 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 108.1 (4) apply a patient-specific label on the medical cannabis flower or medical cannabinoid | |
| 3506 | - | 108.2product that includes recommended dosage requirements and other information as required | |
| 3507 | - | 108.3by rules adopted by the office. | |
| 3508 | - | 108.4 (b) A medical cannabis retailer may not deliver medical cannabis flower or medical | |
| 3509 | - | 108.5cannabinoid products unless the medical cannabis retailer also holds a cannabis delivery | |
| 3510 | - | 108.6service license. Delivery of medical cannabis flower and medical cannabinoid products are | |
| 3511 | - | 108.7subject to the provisions of section 342.42. | |
| 3512 | - | 108.8 Subd. 3.Final approval for distribution of medical cannabis flower and medical | |
| 3513 | - | 108.9cannabinoid products.(a) A cannabis worker who is employed by a medical cannabis | |
| 3514 | - | 108.10retailer and who is licensed as a pharmacist pursuant to chapter 151 shall be the only person | |
| 3515 | - | 108.11who may give final approval for the distribution of medical cannabis flower and medical | |
| 3516 | - | 108.12cannabinoid products. Prior to the distribution of medical cannabis flower or medical | |
| 3517 | - | 108.13cannabinoid products, a pharmacist employed by the medical cannabis retailer must consult | |
| 3518 | - | 108.14with the patient to determine the proper type of medical cannabis flower, medical cannabinoid | |
| 3519 | - | 108.15product, or medical cannabis paraphernalia and proper dosage for the patient after reviewing | |
| 3520 | - | 108.16the range of chemical compositions of medical cannabis flower or medical cannabinoid | |
| 3521 | - | 108.17product. For purposes of this subdivision, a consultation may be conducted remotely by | |
| 3522 | - | 108.18secure videoconference, telephone, or other remote means, as long as: | |
| 3523 | - | 108.19 (1) the pharmacist engaging in the consultation is able to confirm the identity of the | |
| 3524 | - | 108.20patient; and | |
| 3525 | - | 108.21 (2) the consultation adheres to patient privacy requirements that apply to health care | |
| 3526 | - | 108.22services delivered through telemedicine. | |
| 3527 | - | 108.23 (b) Notwithstanding paragraph (a), a pharmacist consultation is not required prior to the | |
| 3528 | - | 108.24distribution of medical cannabis flower or medical cannabinoid products when a medical | |
| 3529 | - | 108.25cannabis retailer is distributing medical cannabis flower or medical cannabinoid products | |
| 3530 | - | 108.26to a patient according to a patient-specific dosage plan established with that medical cannabis | |
| 3531 | - | 108.27retailer and is not modifying the dosage or product being distributed under that plan. Medical | |
| 3532 | - | 108.28cannabis flower or medical cannabinoid products distributed under this paragraph must be | |
| 3533 | - | 108.29distributed by a pharmacy technician employed by the medical cannabis retailer. | |
| 3534 | - | 108.30 Subd. 4.90-day supply.A medical cannabis retailer shall not distribute more than a | |
| 3535 | - | 108.3190-day supply of medical cannabis flower or medical cannabinoid products to a patient, | |
| 3536 | - | 108.32registered designated caregiver, or parent, legal guardian, or spouse of a patient according | |
| 3537 | - | 108.33to the dosages established for the individual patient. | |
| 3538 | - | 108Article 1 Sec. 51. | |
| 3539 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 109.1 Subd. 5.Distribution to recipient in a motor vehicle.A medical cannabis retailer may | |
| 3540 | - | 109.2distribute medical cannabis flower and medical cannabinoid products to a patient, registered | |
| 3541 | - | 109.3designated caregiver, or parent, legal guardian, or spouse of a patient who is at a dispensary | |
| 3542 | - | 109.4location but remains in a motor vehicle, provided that: | |
| 3543 | - | 109.5 (1) staff receive payment and distribute medical cannabis flower and medical cannabinoid | |
| 3544 | - | 109.6products in a designated zone that is as close as feasible to the front door of the facility; | |
| 3545 | - | 109.7 (2) the medical cannabis retailer ensures that the receipt of payment and distribution of | |
| 3546 | - | 109.8medical cannabis flower and medical cannabinoid products are visually recorded by a | |
| 3547 | - | 109.9closed-circuit television surveillance camera and provides any other necessary security | |
| 3548 | - | 109.10safeguards; | |
| 3549 | - | 109.11 (3) the medical cannabis retailer does not store medical cannabis flower or medical | |
| 3550 | - | 109.12cannabinoid products outside a restricted access area and staff transport medical cannabis | |
| 3551 | - | 109.13flower and medical cannabinoid products from a restricted access area to the designated | |
| 3552 | - | 109.14zone for distribution only after confirming that the patient, designated caregiver, or parent, | |
| 3553 | - | 109.15guardian, or spouse has arrived in the designated zone; | |
| 3554 | - | 109.16 (4) the payment and distribution of medical cannabis flower and medical cannabinoid | |
| 3555 | - | 109.17products take place only after a pharmacist consultation takes place, if required under | |
| 3556 | - | 109.18subdivision 3; | |
| 3557 | - | 109.19 (5) immediately following distribution of medical cannabis flower or medical cannabinoid | |
| 3558 | - | 109.20products, staff enter the transaction in the statewide monitoring system; and | |
| 3559 | - | 109.21 (6) immediately following distribution of medical cannabis flower and medical | |
| 3560 | - | 109.22cannabinoid products, staff take the payment received into the facility. | |
| 3561 | - | 109.23 EFFECTIVE DATE.This section is effective March 1, 2025. | |
| 3562 | - | 109.24Sec. 52. [342.515] MEDICAL CANNABIS COMBINATION BUSINESSES. | |
| 3563 | - | 109.25 Subdivision 1.Authorized actions.A medical cannabis combination business license | |
| 3564 | - | 109.26entitles the license holder to perform any or all of the following within the limits established | |
| 3565 | - | 109.27by this section: | |
| 3566 | - | 109.28 (1) grow cannabis plants from seed or immature plant to mature plant and harvest | |
| 3567 | - | 109.29adult-use cannabis flower and medical cannabis flower from a mature plant; | |
| 3568 | - | 109.30 (2) make cannabis concentrate; | |
| 3569 | - | 109.31 (3) make hemp concentrate, including hemp concentrate with a delta-9 | |
| 3570 | - | 109.32tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; | |
| 2935 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 90.1locked container that is not accessible to the public. Such items being stored at a cannabis | |
| 2936 | + | 90.2event shall not be left unattended. | |
| 2937 | + | 90.3 (i) All cannabis plants, adult-use cannabis flower, adult-use cannabis products, | |
| 2938 | + | 90.4lower-potency hemp edibles, and hemp-derived consumer products for sale at a cannabis | |
| 2939 | + | 90.5event must comply with this chapter and rules adopted pursuant to this chapter regarding | |
| 2940 | + | 90.6the testing, packaging, and labeling of those items. | |
| 2941 | + | 90.7 (j) All cannabis plants, adult-use cannabis flower, and adult-use cannabis products sold, | |
| 2942 | + | 90.8damaged, or destroyed at a cannabis event must be recorded in the statewide monitoring | |
| 2943 | + | 90.9system. | |
| 2944 | + | 90.10 Subd. 8.Cannabis event on-site consumption.(a) If approved by the local unit of | |
| 2945 | + | 90.11government, a cannabis event may designate an area for consumption of adult-use cannabis | |
| 2946 | + | 90.12flower, adult-use cannabis products, lower-potency hemp edibles, hemp-derived consumer | |
| 2947 | + | 90.13products, or any combination of those items. | |
| 2948 | + | 90.14 (b) Access to areas where consumption of adult-use cannabis flower, adult-use cannabis | |
| 2949 | + | 90.15products, lower-potency hemp edibles, or hemp-derived consumer products is allowed shall | |
| 2950 | + | 90.16be restricted to individuals who are at least 21 years of age. | |
| 2951 | + | 90.17 (c) The cannabis event organizer shall ensure that consumption of adult-use cannabis | |
| 2952 | + | 90.18flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 2953 | + | 90.19products within a designated consumption area is not visible from any public place. | |
| 2954 | + | 90.20 (d) The cannabis event organizer shall not permit consumption of alcohol or tobacco. | |
| 2955 | + | 90.21Sec. 41. [342.41] CANNABIS DELIVERY SERVICE LICENSING. | |
| 2956 | + | 90.22 Subdivision 1.Authorized actions.A cannabis delivery service license entitles the | |
| 2957 | + | 90.23license holder to purchase cannabis flower, cannabis products, lower-potency hemp edibles, | |
| 2958 | + | 90.24and hemp-derived consumer products from licensed cannabis microbusinesses with a retail | |
| 2959 | + | 90.25endorsement, cannabis mezzobusinesses with a retail endorsement, cannabis retailers, and | |
| 2960 | + | 90.26medical cannabis retailers; transport and deliver cannabis flower, cannabis products, | |
| 2961 | + | 90.27lower-potency hemp edibles, and hemp-derived consumable products to customers; and | |
| 2962 | + | 90.28perform other actions approved by the office. | |
| 2963 | + | 90.29 Subd. 2.Additional information required.In addition to the information required to | |
| 2964 | + | 90.30be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2965 | + | 90.31a person, cooperative, or business seeking a cannabis delivery service license must submit | |
| 2966 | + | 90.32the following information in a form approved by the office: | |
| 2967 | + | 90Article 1 Sec. 41. | |
| 2968 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 91.1 (1) a list of all vehicles to be used in the delivery of cannabis flower, cannabis products, | |
| 2969 | + | 91.2lower-potency hemp edibles, and hemp-derived consumer products including: | |
| 2970 | + | 91.3 (i) the vehicle make, model, and color; | |
| 2971 | + | 91.4 (ii) the vehicle identification number; and | |
| 2972 | + | 91.5 (iii) the license plate number; | |
| 2973 | + | 91.6 (2) proof of insurance for each vehicle; | |
| 2974 | + | 91.7 (3) a business plan demonstrating policies to avoid sales of cannabis flower, cannabis | |
| 2975 | + | 91.8products, lower-potency hemp edibles, and hemp-derived consumer products to individuals | |
| 2976 | + | 91.9who are under 21 years of age and plans to prevent the visibility of cannabis flower, cannabis | |
| 2977 | + | 91.10products, lower-potency hemp edibles, and hemp-derived consumer products to individuals | |
| 2978 | + | 91.11outside the delivery vehicle; and | |
| 2979 | + | 91.12 (4) evidence that the business will comply with the applicable operation requirements | |
| 2980 | + | 91.13for the license being sought. | |
| 2981 | + | 91.14 Subd. 3.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2982 | + | 91.15cannabis delivery service license may also hold a cannabis retailer license, a cannabis | |
| 2983 | + | 91.16wholesaler license, a cannabis transporter license, a cannabis event organizer license, and | |
| 2984 | + | 91.17a medical cannabis retailer license subject to the ownership limitations that apply to those | |
| 2985 | + | 91.18licenses. | |
| 2986 | + | 91.19 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2987 | + | 91.20cannabis delivery service license may own or operate any other cannabis business or hemp | |
| 2988 | + | 91.21business. | |
| 2989 | + | 91.22 (c) The office by rule may limit the number of cannabis delivery service licenses that a | |
| 2990 | + | 91.23person or business may hold. | |
| 2991 | + | 91.24 (d) For purposes of this subdivision, a restriction on the number or type of license that | |
| 2992 | + | 91.25a business may hold applies to every cooperative member or every director, manager, and | |
| 2993 | + | 91.26general partner of a cannabis business. | |
| 2994 | + | 91.27Sec. 42. [342.42] CANNABIS DELIVERY SERVICE OPERATIONS. | |
| 2995 | + | 91.28 Subdivision 1.Age or registry verification.Prior to completing a delivery, a cannabis | |
| 2996 | + | 91.29delivery service shall verify that the customer is at least 21 years of age or is enrolled in the | |
| 2997 | + | 91.30registry program. Section 342.27, subdivision 4, applies to the verification of a customer's | |
| 2998 | + | 91.31age. Registry verification issued by the Division of Medical Cannabis may be considered | |
| 2999 | + | 91.32evidence that the person is enrolled in the registry program. | |
| 3000 | + | 91Article 1 Sec. 42. | |
| 3001 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 92.1 Subd. 2.Records.The office by rule shall establish record-keeping requirements for a | |
| 3002 | + | 92.2cannabis delivery service, including but not limited to proof of delivery to individuals who | |
| 3003 | + | 92.3are at least 21 years of age or enrolled in the registry program. | |
| 3004 | + | 92.4 Subd. 3.Amount to be transported.The office by rule shall establish limits on the | |
| 3005 | + | 92.5amount of cannabis flower, cannabis products, lower-potency hemp edibles, and | |
| 3006 | + | 92.6hemp-derived consumer products that a cannabis delivery service may transport. | |
| 3007 | + | 92.7 Subd. 4.Statewide monitoring system.Receipt of cannabis flower and cannabis products | |
| 3008 | + | 92.8by the cannabis delivery service and a delivery to a customer must be recorded in the | |
| 3009 | + | 92.9statewide monitoring system within the time established by rule. | |
| 3010 | + | 92.10 Subd. 5.Storage compartment.Cannabis flower, cannabis products, lower-potency | |
| 3011 | + | 92.11hemp edibles, and hemp-derived consumer products must be transported in a locked, safe, | |
| 3012 | + | 92.12and secure storage compartment that is part of the cannabis delivery service vehicle or in a | |
| 3013 | + | 92.13locked storage container that has a separate key or combination pad. Cannabis flower, | |
| 3014 | + | 92.14cannabis products, lower-potency hemp edibles, and hemp-derived consumer products may | |
| 3015 | + | 92.15not be visible from outside the cannabis delivery service vehicle. | |
| 3016 | + | 92.16 Subd. 6.Identifying logos or business names prohibited.No cannabis delivery service | |
| 3017 | + | 92.17vehicle or trailer may contain an image depicting the types of items being transported, | |
| 3018 | + | 92.18including but not limited to an image depicting a cannabis or hemp leaf, or a name suggesting | |
| 3019 | + | 92.19that the cannabis delivery service vehicle is used for transporting cannabis flower, cannabis | |
| 3020 | + | 92.20products, lower-potency hemp edibles, and hemp-derived consumer products. | |
| 3021 | + | 92.21 Subd. 7.Nonemployee passengers prohibited.Only a cannabis worker employed by | |
| 3022 | + | 92.22or contracted with the cannabis delivery service and who is at least 21 years of age may | |
| 3023 | + | 92.23transport cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived | |
| 3024 | + | 92.24consumer products. All passengers in a cannabis delivery service vehicle must be cannabis | |
| 3025 | + | 92.25workers employed by or contracted with the cannabis delivery service. | |
| 3026 | + | 92.26 Subd. 8.Vehicles subject to inspection.Any cannabis delivery service vehicle is subject | |
| 3027 | + | 92.27to inspection and may be stopped or inspected at any licensed cannabis business or while | |
| 3028 | + | 92.28en route during transportation. | |
| 3029 | + | 92.29Sec. 43. [342.43] HEMP BUSINESS LICENSE TYPES; MULTIPLE LICENSES. | |
| 3030 | + | 92.30 Subdivision 1.License types.The office shall issue the following types of hemp business | |
| 3031 | + | 92.31licenses: | |
| 3032 | + | 92.32 (1) lower-potency hemp edible manufacturer; and | |
| 3033 | + | 92Article 1 Sec. 43. | |
| 3034 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 93.1 (2) lower-potency hemp edible retailer. | |
| 3035 | + | 93.2 Subd. 2.Multiple licenses; limits.(a) A person, cooperative, or business may hold both | |
| 3036 | + | 93.3a lower-potency hemp edible manufacturer and lower-potency hemp edible retailer license. | |
| 3037 | + | 93.4 (b) Nothing in this section prohibits a person, cooperative, or business from holding a | |
| 3038 | + | 93.5lower-potency hemp edible manufacturer license, a lower-potency hemp edible retailer | |
| 3039 | + | 93.6license, or both, and also holding a license to cultivate industrial hemp issued pursuant to | |
| 3040 | + | 93.7chapter 18K. | |
| 3041 | + | 93.8 (c) Nothing in this section prohibits a person, cooperative, or business from holding a | |
| 3042 | + | 93.9lower-potency hemp edible manufacturer license, a lower-potency hemp edible retailer | |
| 3043 | + | 93.10license, or both, and also holding any other license, including but not limited to a license | |
| 3044 | + | 93.11to prepare or sell food; sell tobacco, tobacco-related devices, electronic delivery devices as | |
| 3045 | + | 93.12defined in section 609.685, subdivision 1, and nicotine and lobelia delivery products as | |
| 3046 | + | 93.13described in section 609.6855; or manufacture or sell alcoholic beverages as defined in | |
| 3047 | + | 93.14section 340A.101, subdivision 2. | |
| 3048 | + | 93.15 (d) A person, cooperative, or business holding a lower-potency hemp edible manufacturer | |
| 3049 | + | 93.16license, a lower-potency hemp edible retailer license, or both, may not hold a cannabis | |
| 3050 | + | 93.17business license. | |
| 3051 | + | 93.18Sec. 44. [342.44] HEMP BUSINESS LICENSES; APPLICATIONS AND ISSUANCE. | |
| 3052 | + | 93.19 Subdivision 1.Application; contents.(a) Except as otherwise provided in this | |
| 3053 | + | 93.20subdivision, the provisions of this chapter relating to license applications, license selection | |
| 3054 | + | 93.21criteria, general ownership disqualifications and requirements, and general operational | |
| 3055 | + | 93.22requirements do not apply to hemp businesses. | |
| 3056 | + | 93.23 (b) The office, by rule, shall establish forms and procedures for the processing of hemp | |
| 3057 | + | 93.24licenses issued under this chapter. At a minimum, any application to obtain or renew a hemp | |
| 3058 | + | 93.25license shall include the following information, if applicable: | |
| 3059 | + | 93.26 (1) the name, address, and date of birth of the applicant; | |
| 3060 | + | 93.27 (2) the address and legal property description of the business; | |
| 3061 | + | 93.28 (3) proof of trade name registration; | |
| 3062 | + | 93.29 (4) certification that the applicant will comply with the requirements of this chapter | |
| 3063 | + | 93.30relating to the ownership and operation of a hemp business; | |
| 3064 | + | 93.31 (5) identification of one or more controlling persons or managerial employees as agents | |
| 3065 | + | 93.32who shall be responsible for dealing with the office on all matters; and | |
| 3066 | + | 93Article 1 Sec. 44. | |
| 3067 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 94.1 (6) a statement that the applicant agrees to respond to the office's supplemental requests | |
| 3068 | + | 94.2for information. | |
| 3069 | + | 94.3 (c) An application on behalf of a corporation or association shall be signed by at least | |
| 3070 | + | 94.4two officers or managing agents of that entity. | |
| 3071 | + | 94.5 Subd. 2.Issuance; eligibility; prohibition on transfer.(a) The office may issue a hemp | |
| 3072 | + | 94.6license to an applicant who: | |
| 3073 | + | 94.7 (1) is at least 21 years of age; | |
| 3074 | + | 94.8 (2) has completed an application for licensure or application for renewal and has fully | |
| 3075 | + | 94.9and truthfully complied with all information requests relating to license application and | |
| 3076 | + | 94.10renewal; | |
| 3077 | + | 94.11 (3) has paid the applicable application and license fees pursuant to section 342.11; | |
| 3078 | + | 94.12 (4) is not employed by the office or any state agency with regulatory authority over this | |
| 3079 | + | 94.13chapter; and | |
| 3080 | + | 94.14 (5) does not hold any cannabis business license. | |
| 3081 | + | 94.15 (b) Licenses must be renewed annually. | |
| 3082 | + | 94.16 (c) Licenses may not be transferred. | |
| 3083 | + | 94.17Sec. 45. [342.45] LOWER-POTENCY HEMP EDIBLE MANUFACTURER. | |
| 3084 | + | 94.18 Subdivision 1.Authorized actions.A lower-potency hemp edible manufacturer license | |
| 3085 | + | 94.19entitles the license holder to: | |
| 3086 | + | 94.20 (1) purchase hemp plant parts, hemp concentrate, and artificially derived cannabinoids | |
| 3087 | + | 94.21from cannabis microbusinesses, cannabis mezzobusinesses, cannabis manufacturers, cannabis | |
| 3088 | + | 94.22wholesalers, other lower-potency hemp edible manufacturers, and industrial hemp growers; | |
| 3089 | + | 94.23 (2) make hemp concentrate; | |
| 3090 | + | 94.24 (3) manufacture artificially derived cannabinoids; | |
| 3091 | + | 94.25 (4) manufacture lower-potency hemp edibles for public consumption; | |
| 3092 | + | 94.26 (5) package and label lower-potency hemp edibles for sale to customers; | |
| 3093 | + | 94.27 (6) sell hemp concentrate, artificially derived cannabinoids, and lower-potency hemp | |
| 3094 | + | 94.28edibles to other cannabis businesses and hemp businesses; and | |
| 3095 | + | 94.29 (7) perform other actions approved by the office. | |
| 3096 | + | 94Article 1 Sec. 45. | |
| 3097 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 95.1 Subd. 2.All manufacturer operations.(a) All hemp manufacturing must take place in | |
| 3098 | + | 95.2a facility and on equipment that meets the applicable health and safety requirements | |
| 3099 | + | 95.3established by the office, including requirements for cleaning and testing machinery between | |
| 3100 | + | 95.4production of different products. | |
| 3101 | + | 95.5 (b) A lower-potency hemp edible manufacturer must comply with all applicable | |
| 3102 | + | 95.6packaging, labeling, and testing requirements. | |
| 3103 | + | 95.7 Subd. 3.Extraction and concentration.(a) A lower-potency hemp edible manufacturer | |
| 3104 | + | 95.8that creates hemp concentrate or artificially derived cannabinoids must obtain an endorsement | |
| 3105 | + | 95.9from the office. | |
| 3106 | + | 95.10 (b) A lower-potency hemp edible manufacturer seeking an endorsement to create hemp | |
| 3107 | + | 95.11concentrate must inform the office of all methods of extraction and concentration that the | |
| 3108 | + | 95.12manufacturer intends to use and identify the volatile chemicals, if any, that will be involved | |
| 3109 | + | 95.13in the creation of hemp concentrate. A lower-potency hemp edible manufacturer may not | |
| 3110 | + | 95.14use a method of extraction and concentration or a volatile chemical without approval by | |
| 3111 | + | 95.15the office. | |
| 3112 | + | 95.16 (c) A lower-potency hemp edible manufacturer seeking an endorsement to create | |
| 3113 | + | 95.17artificially derived cannabinoids must inform the office of all methods of conversion that | |
| 3114 | + | 95.18the manufacturer will use, including any specific catalysts that the manufacturer will employ, | |
| 3115 | + | 95.19to create artificially derived cannabinoids and the molecular nomenclature of all cannabinoids | |
| 3116 | + | 95.20or other chemical compounds that the manufacturer will create. A business licensed or | |
| 3117 | + | 95.21authorized to manufacture lower-potency hemp edibles may not use a method of conversion | |
| 3118 | + | 95.22or a catalyst without approval by the office. | |
| 3119 | + | 95.23 (d) A lower-potency hemp edible manufacturer must obtain a certification from an | |
| 3120 | + | 95.24independent third-party industrial hygienist or professional engineer approving: | |
| 3121 | + | 95.25 (1) all electrical, gas, fire suppression, and exhaust systems; and | |
| 3122 | + | 95.26 (2) the plan for safe storage and disposal of hazardous substances, including but not | |
| 3123 | + | 95.27limited to any volatile chemicals. | |
| 3124 | + | 95.28 (e) Upon the sale of hemp concentrate or artificially derived cannabinoids to any person, | |
| 3125 | + | 95.29cooperative, or business, a lower-potency hemp edible manufacturer must provide a statement | |
| 3126 | + | 95.30to the buyer that discloses the method of extraction and concentration or conversion used | |
| 3127 | + | 95.31and any solvents, gases, or catalysts, including but not limited to any volatile chemicals | |
| 3128 | + | 95.32involved in that method. | |
| 3129 | + | 95Article 1 Sec. 45. | |
| 3130 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 96.1 Subd. 4.Production of consumer products.(a) A lower-potency hemp edible | |
| 3131 | + | 96.2manufacturer that produces lower-potency hemp edibles must obtain an edible cannabinoid | |
| 3132 | + | 96.3product handler endorsement from the office. | |
| 3133 | + | 96.4 (b) All areas within the premises of a lower-potency hemp edible manufacturer used for | |
| 3134 | + | 96.5producing lower-potency hemp edibles must meet the sanitary standards specified in rules | |
| 3135 | + | 96.6adopted by the office. | |
| 3136 | + | 96.7 (c) A lower-potency hemp edible manufacturer may only add chemicals or compounds | |
| 3137 | + | 96.8approved by the office to hemp concentrate or artificially derived cannabinoids. | |
| 3138 | + | 96.9 (d) Upon the sale of any lower-potency hemp edible to a cannabis business or hemp | |
| 3139 | + | 96.10business, a lower-potency hemp edible manufacturer must provide a statement to the buyer | |
| 3140 | + | 96.11that discloses the product's ingredients, including but not limited to any chemicals or | |
| 3141 | + | 96.12compounds and any major food allergens declared by name. | |
| 3142 | + | 96.13 (e) A lower-potency hemp edible manufacturer shall not add any artificially derived | |
| 3143 | + | 96.14cannabinoid, hemp plant part, or hemp concentrate to a product if the manufacturer of the | |
| 3144 | + | 96.15product holds a trademark to the product's name, except that a lower-potency hemp edible | |
| 3145 | + | 96.16manufacturer may use a trademarked food product if the manufacturer uses the product as | |
| 3146 | + | 96.17a component or as part of a recipe and if the lower-potency hemp edible manufacturer does | |
| 3147 | + | 96.18not state or advertise to the customer that the final retail lower-potency hemp edible contains | |
| 3148 | + | 96.19a trademarked food product. | |
| 3149 | + | 96.20 (f) A lower-potency hemp edible manufacturer shall not add any cannabis flower, | |
| 3150 | + | 96.21cannabis concentrate, or cannabinoid derived from cannabis flower or cannabis concentrate | |
| 3151 | + | 96.22to a product. | |
| 3152 | + | 96.23 Subd. 5.Transportation of hemp concentrate, artificially derived cannabinoids, | |
| 3153 | + | 96.24and lower-potency hemp edibles.(a) A lower-potency hemp edible manufacturer may | |
| 3154 | + | 96.25transport hemp concentrate, artificially derived cannabinoids, and lower-potency hemp | |
| 3155 | + | 96.26edibles on public roadways provided: | |
| 3156 | + | 96.27 (1) the artificially derived cannabinoids, hemp concentrate, or lower-potency hemp | |
| 3157 | + | 96.28edibles are in a locked, safe, and secure storage compartment that is part of the motor vehicle | |
| 3158 | + | 96.29or in a locked storage container that has a separate key or combination pad; | |
| 3159 | + | 96.30 (2) the artificially derived cannabinoids, hemp concentrate, or lower-potency hemp | |
| 3160 | + | 96.31edibles are packaged in tamper-evident containers that are not visible or recognizable from | |
| 3161 | + | 96.32outside the transporting vehicle; | |
| 3162 | + | 96Article 1 Sec. 45. | |
| 3163 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 97.1 (3) the lower-potency hemp edible manufacturer has a shipping manifest in the | |
| 3164 | + | 97.2lower-potency hemp edible manufacturer's possession that describes the contents of all | |
| 3165 | + | 97.3tamper-evident containers; | |
| 3166 | + | 97.4 (4) the transporting vehicle does not bear any markings to indicate that the vehicle | |
| 3167 | + | 97.5contains artificially derived cannabinoids, hemp concentrate, or lower-potency hemp edibles | |
| 3168 | + | 97.6and does not bear the name or logo of the lower-potency hemp edible manufacturer; | |
| 3169 | + | 97.7 (5) all departures, arrivals, and stops are appropriately documented; | |
| 3170 | + | 97.8 (6) no person other than a designated employee enters a vehicle at any time that the | |
| 3171 | + | 97.9vehicle is transporting artificially derived cannabinoids, hemp concentrate, or lower-potency | |
| 3172 | + | 97.10hemp edibles; and | |
| 3173 | + | 97.11 (7) the lower-potency hemp edible manufacturer complies with any other rules adopted | |
| 3174 | + | 97.12by the office. | |
| 3175 | + | 97.13 (b) Any vehicle assigned for the purposes of transporting artificially derived cannabinoids, | |
| 3176 | + | 97.14hemp concentrate, or lower-potency hemp edibles is subject to inspection and may be | |
| 3177 | + | 97.15stopped or inspected at any point of delivery or while en route during transportation. | |
| 3178 | + | 97.16Sec. 46. [342.46] LOWER-POTENCY HEMP EDIBLE RETAILER. | |
| 3179 | + | 97.17 Subdivision 1.Sale of lower-potency hemp edibles.(a) A lower-potency hemp edible | |
| 3180 | + | 97.18retailer may sell lower-potency hemp edibles to individuals who are at least 21 years of age. | |
| 3181 | + | 97.19 (b) A lower-potency hemp edible retailer may sell lower-potency hemp edibles that: | |
| 3182 | + | 97.20 (1) are obtained from a licensed Minnesota cannabis microbusiness, cannabis | |
| 3183 | + | 97.21mezzobusiness, cannabis manufacturer, cannabis wholesaler, or lower-potency hemp edible | |
| 3184 | + | 97.22manufacturer; and | |
| 3185 | + | 97.23 (2) meet all applicable packaging and labeling requirements. | |
| 3186 | + | 97.24 Subd. 2.Sale of other products.A lower-potency hemp edible retailer may sell other | |
| 3187 | + | 97.25products or items for which the lower-potency hemp edible retailer has a license or | |
| 3188 | + | 97.26authorization or that do not require a license or authorization. | |
| 3189 | + | 97.27 Subd. 3.Age verification.Prior to initiating a sale, an employee of the lower-potency | |
| 3190 | + | 97.28hemp edible retailer must verify that the customer is at least 21 years of age. Section 342.27, | |
| 3191 | + | 97.29subdivision 4, applies to the verification of a customer's age. | |
| 3192 | + | 97.30 Subd. 4.Display and storage of lower-potency hemp edibles.A lower-potency hemp | |
| 3193 | + | 97.31edible retailer shall ensure that all lower-potency hemp edibles are displayed behind a | |
| 3194 | + | 97Article 1 Sec. 46. | |
| 3195 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 98.1checkout counter where the public is not permitted. All lower-potency hemp edibles that | |
| 3196 | + | 98.2are not displayed must be stored in a secure area. | |
| 3197 | + | 98.3 Subd. 5.Transportation of lower-potency hemp edibles.(a) A lower-potency hemp | |
| 3198 | + | 98.4edible retailer may transport lower-potency hemp edibles on public roadways provided: | |
| 3199 | + | 98.5 (1) the lower-potency hemp edibles are in final packaging; | |
| 3200 | + | 98.6 (2) the lower-potency hemp edibles are packaged in tamper-evident containers that are | |
| 3201 | + | 98.7not visible or recognizable from outside the transporting vehicle; | |
| 3202 | + | 98.8 (3) the lower-potency hemp edible retailer has a shipping manifest in the lower-potency | |
| 3203 | + | 98.9hemp edible retailer's possession that describes the contents of all tamper-evident containers; | |
| 3204 | + | 98.10 (4) the transporting vehicle does not bear any markings to indicate that the vehicle | |
| 3205 | + | 98.11contains lower-potency hemp edibles and does not bear the name or logo of the lower-potency | |
| 3206 | + | 98.12hemp edible retailer; | |
| 3207 | + | 98.13 (5) all departures, arrivals, and stops are appropriately documented; | |
| 3208 | + | 98.14 (6) no person other than a designated employee enters a vehicle at any time that the | |
| 3209 | + | 98.15vehicle is transporting lower-potency hemp edibles; and | |
| 3210 | + | 98.16 (7) the lower-potency hemp edible retailer complies with any other rules adopted by the | |
| 3211 | + | 98.17office. | |
| 3212 | + | 98.18 (b) Any vehicle assigned for the purposes of transporting lower-potency hemp edibles | |
| 3213 | + | 98.19is subject to inspection and may be stopped or inspected at any point of delivery or while | |
| 3214 | + | 98.20en route during transportation. | |
| 3215 | + | 98.21 Subd. 6.Compliant products.(a) A lower-potency hemp edible retailer shall ensure | |
| 3216 | + | 98.22that all lower-potency hemp edibles offered for sale comply with the limits on the amount | |
| 3217 | + | 98.23and types of cannabinoids that a lower-potency hemp edible can contain, including but not | |
| 3218 | + | 98.24limited to the requirement that lower-potency hemp edibles: | |
| 3219 | + | 98.25 (1) consist of servings that contain no more than five milligrams of delta-9 | |
| 3220 | + | 98.26tetrahydrocannabinol, no more than 25 milligrams of cannabidiol, no more than 25 milligrams | |
| 3221 | + | 98.27of cannabigerol, or any combination of those cannabinoids that does not exceed the identified | |
| 3222 | + | 98.28amounts; | |
| 3223 | + | 98.29 (2) do not contain more than a combined total of 0.5 milligrams of all other cannabinoids | |
| 3224 | + | 98.30per serving; and | |
| 3225 | + | 98.31 (3) do not contain an artificially derived cannabinoid other than delta-9 | |
| 3226 | + | 98.32tetrahydrocannabinol. | |
| 3227 | + | 98Article 1 Sec. 46. | |
| 3228 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 99.1 (b) If a lower-potency hemp edible is packaged in a manner that includes more than a | |
| 3229 | + | 99.2single serving, the lower-potency edible product must indicate each serving by scoring, | |
| 3230 | + | 99.3wrapping, or other indicators that appear on the lower-potency hemp edible designating the | |
| 3231 | + | 99.4individual serving size. If the lower-potency hemp edible is meant to be consumed as a | |
| 3232 | + | 99.5beverage or it is not possible to indicate a single serving by scoring or use of another indicator | |
| 3233 | + | 99.6that appears on the product, the lower-potency hemp edible may not be packaged in a manner | |
| 3234 | + | 99.7that includes more than a single serving in each container. | |
| 3235 | + | 99.8 (c) A single package containing multiple servings of a lower-potency edible product | |
| 3236 | + | 99.9must contain no more than 50 milligrams of delta-9 tetrahydrocannabinol, 250 milligrams | |
| 3237 | + | 99.10of cannabidiol, 250 milligrams of cannabigerol, or any combination of those cannabinoids | |
| 3238 | + | 99.11that does not exceed the identified amounts. | |
| 3239 | + | 99.12 Subd. 7.Prohibitions.A lower-potency edible product retailer may not: | |
| 3240 | + | 99.13 (1) sell lower-potency hemp edibles to an individual who is under 21 years of age; | |
| 3241 | + | 99.14 (2) sell a lower-potency hemp edible to a person who is visibly intoxicated; | |
| 3242 | + | 99.15 (3) sell cannabis flower, cannabis products, or hemp-derived consumer products; | |
| 3243 | + | 99.16 (4) allow for the dispensing of lower-potency hemp edibles in vending machines; or | |
| 3244 | + | 99.17 (5) distribute or allow free samples of lower-potency hemp edibles. | |
| 3245 | + | 99.18 Subd. 8.On-site consumption.(a) A lower-potency hemp edible retailer may permit | |
| 3246 | + | 99.19on-site consumption of lower-potency hemp edibles on a portion of its premises if it has an | |
| 3247 | + | 99.20on-site consumption endorsement. | |
| 3248 | + | 99.21 (b) The office shall issue an on-site consumption endorsement to any lower-potency | |
| 3249 | + | 99.22hemp edible retailer that also holds an on-sale license issued under chapter 340A. | |
| 3250 | + | 99.23 (c) A lower-potency hemp edible retailer must ensure that lower-potency hemp edibles | |
| 3251 | + | 99.24sold for on-site consumption comply with this chapter and rules adopted pursuant to this | |
| 3252 | + | 99.25chapter regarding testing. | |
| 3253 | + | 99.26 (d) Lower-potency hemp edibles sold for on-site consumption, other than lower-potency | |
| 3254 | + | 99.27hemp edibles that are intended to be consumed as a beverage, must be served in the required | |
| 3255 | + | 99.28packaging, but may be removed from the products' packaging by customers and consumed | |
| 3256 | + | 99.29on site. | |
| 3257 | + | 99.30 (e) Lower-potency hemp edibles that are intended to be consumed as a beverage may | |
| 3258 | + | 99.31be served outside of their packaging provided that the information that is required to be | |
| 3259 | + | 99.32contained on the label of a lower-potency hemp edible is posted or otherwise displayed by | |
| 3260 | + | 99Article 1 Sec. 46. | |
| 3261 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 100.1the lower-potency hemp edible retailer. Hemp workers who serve beverages under this | |
| 3262 | + | 100.2paragraph are not required to obtain an edible cannabinoid product handler endorsement | |
| 3263 | + | 100.3under section 342.07, subdivision 3. | |
| 3264 | + | 100.4 (f) Food and beverages not otherwise prohibited by this subdivision may be prepared | |
| 3265 | + | 100.5and sold on site provided that the lower-potency hemp edible retailer complies with all | |
| 3266 | + | 100.6relevant state and local laws, ordinances, licensing requirements, and zoning requirements. | |
| 3267 | + | 100.7 (g) A lower-potency hemp edible retailer may offer recorded or live entertainment | |
| 3268 | + | 100.8provided that the lower-potency hemp edible retailer complies with all relevant state and | |
| 3269 | + | 100.9local laws, ordinances, licensing requirements, and zoning requirements. | |
| 3270 | + | 100.10 (h) In addition to the prohibitions under subdivision 6, a lower-potency hemp edible | |
| 3271 | + | 100.11retailer with an on-site consumption endorsement may not: | |
| 3272 | + | 100.12 (1) sell lower-potency hemp edibles to a customer who the lower-potency hemp edible | |
| 3273 | + | 100.13retailer knows or reasonably should know has consumed alcohol sold or provided by the | |
| 3274 | + | 100.14lower-potency hemp edible retailer within the previous five hours; | |
| 3275 | + | 100.15 (2) sell lower-potency hemp edibles that are designed or reasonably expected to be mixed | |
| 3276 | + | 100.16with an alcoholic beverage; or | |
| 3277 | + | 100.17 (3) permit lower-potency hemp edibles that have been removed from the products' | |
| 3278 | + | 100.18packaging to be removed from the premises of the lower-potency hemp edible retailer. | |
| 3279 | + | 100.19 Subd. 9.Posting of notices.A lower-potency hemp edible retailer must post all notices | |
| 3280 | + | 100.20as provided in section 342.27, subdivision 6. | |
| 3281 | + | 100.21 Subd. 10.Building conditions.(a) A lower-potency hemp edible retailer shall maintain | |
| 3282 | + | 100.22compliance with state and local building, fire, and zoning codes, requirements, or regulations. | |
| 3283 | + | 100.23 (b) A lower-potency hemp edible retailer shall ensure that the licensed premises is | |
| 3284 | + | 100.24maintained in a clean and sanitary condition, free from infestation by insects, rodents, or | |
| 3285 | + | 100.25other pests. | |
| 3286 | + | 100.26 Subd. 11.Enforcement.The office shall inspect lower-potency hemp edible retailers | |
| 3287 | + | 100.27and take enforcement action as provided in sections 342.19 and 342.21. | |
| 3288 | + | 100.28Sec. 47. [342.47] MEDICAL CANNABIS BUSINESS LICENSES. | |
| 3289 | + | 100.29 Subdivision 1.License types.(a) The office shall issue the following types of medical | |
| 3290 | + | 100.30cannabis business licenses: | |
| 3291 | + | 100.31 (1) medical cannabis cultivator; | |
| 3292 | + | 100Article 1 Sec. 47. | |
| 3293 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 101.1 (2) medical cannabis processor; and | |
| 3294 | + | 101.2 (3) medical cannabis retailer. | |
| 3295 | + | 101.3 (b) The Division of Medical Cannabis may oversee the licensing and regulation of | |
| 3296 | + | 101.4medical cannabis businesses. | |
| 3297 | + | 101.5 Subd. 2.Multiple licenses; limits.(a) A person, cooperative, or business holding: | |
| 3298 | + | 101.6 (1) a medical cannabis cultivator license may also hold a medical cannabis processor | |
| 3299 | + | 101.7license, a cannabis cultivator license, a cannabis manufacturer license, and a cannabis event | |
| 3300 | + | 101.8organizer license subject to the ownership limitations that apply to those licenses; | |
| 3301 | + | 101.9 (2) a medical cannabis processor license may also hold a medical cannabis cultivator | |
| 3302 | + | 101.10license, a cannabis cultivator license, a cannabis manufacturer license, and a cannabis event | |
| 3303 | + | 101.11organizer license subject to the ownership limitations that apply to those licenses; or | |
| 3304 | + | 101.12 (3) a medical cannabis retailer license may also hold a cannabis retailer license, a cannabis | |
| 3305 | + | 101.13delivery service license, and a cannabis event organizer license subject to the ownership | |
| 3306 | + | 101.14limitations that apply to those licenses. | |
| 3307 | + | 101.15 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 3308 | + | 101.16medical cannabis license may own or operate any other cannabis business or hemp business. | |
| 3309 | + | 101.17 (c) The office by rule may limit the number of medical cannabis business licenses that | |
| 3310 | + | 101.18a person or business may hold. | |
| 3311 | + | 101.19 (d) For purposes of this subdivision, a restriction on the number of licenses or type of | |
| 3312 | + | 101.20license that a business may hold applies to every cooperative member or every director, | |
| 3313 | + | 101.21manager, and general partner of a medical cannabis business. | |
| 3314 | + | 101.22 Subd. 3.Registered medical cannabis manufacturers.(a) As used in this subdivision, | |
| 3315 | + | 101.23"medical cannabis manufacturer" means either of the two in-state manufacturers of medical | |
| 3316 | + | 101.24cannabis registered with the commissioner of health pursuant to section 152.25 as of July | |
| 3317 | + | 101.251, 2023. | |
| 3318 | + | 101.26 (b) Notwithstanding any law to the contrary, the registration or reregistration period of | |
| 3319 | + | 101.27a medical cannabis manufacturer expires on July 1, 2024. | |
| 3320 | + | 101.28 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3321 | + | 101.29Sec. 48. [342.48] MEDICAL CANNABIS BUSINESS APPLICATIONS. | |
| 3322 | + | 101.30 In addition to the information required to be submitted under section 342.14, subdivision | |
| 3323 | + | 101.311, and rules adopted pursuant to that section, a person, cooperative, or business seeking a | |
| 3324 | + | 101Article 1 Sec. 48. | |
| 3325 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 102.1medical cannabis business license must submit the following information in a form approved | |
| 3326 | + | 102.2by the office: | |
| 3327 | + | 102.3 (1) for medical cannabis cultivator license applicants: | |
| 3328 | + | 102.4 (i) an operating plan demonstrating the proposed size and layout of the cultivation facility; | |
| 3329 | + | 102.5plans for wastewater and waste disposal for the cultivation facility; plans for providing | |
| 3330 | + | 102.6electricity, water, and other utilities necessary for the normal operation of the cultivation | |
| 3331 | + | 102.7facility; and plans for compliance with applicable building code and federal and state | |
| 3332 | + | 102.8environmental and workplace safety requirements; | |
| 3333 | + | 102.9 (ii) a cultivation plan demonstrating the proposed size and layout of the cultivation | |
| 3334 | + | 102.10facility that will be used exclusively for cultivation for medical cannabis, including the total | |
| 3335 | + | 102.11amount of plant canopy; and | |
| 3336 | + | 102.12 (iii) evidence that the business will comply with the applicable operation requirements | |
| 3337 | + | 102.13for the license being sought; | |
| 3338 | + | 102.14 (2) for medical cannabis processor license applicants: | |
| 3339 | + | 102.15 (i) an operating plan demonstrating the proposed layout of the facility, including a | |
| 3340 | + | 102.16diagram of ventilation and filtration systems; plans for wastewater and waste disposal for | |
| 3341 | + | 102.17the manufacturing facility; plans for providing electricity, water, and other utilities necessary | |
| 3342 | + | 102.18for the normal operation of the manufacturing facility; and plans for compliance with | |
| 3343 | + | 102.19applicable building code and federal and state environmental and workplace safety | |
| 3344 | + | 102.20requirements; | |
| 3345 | + | 102.21 (ii) all methods of extraction and concentration that the applicant intends to use and the | |
| 3346 | + | 102.22volatile chemicals, if any, that are involved in extraction or concentration; | |
| 3347 | + | 102.23 (iii) if the applicant is seeking an endorsement to manufacture products infused with | |
| 3348 | + | 102.24cannabinoids for consumption by patients enrolled in the registry program, proof of an | |
| 3349 | + | 102.25edible cannabinoid product handler endorsement from the office; and | |
| 3350 | + | 102.26 (iv) evidence that the applicant will comply with the applicable operation requirements | |
| 3351 | + | 102.27for the license being sought; or | |
| 3352 | + | 102.28 (3) for medical cannabis retailer license applicants: | |
| 3353 | + | 102.29 (i) a list of every retail license held by the applicant and, if the applicant is a business, | |
| 3354 | + | 102.30every retail license held, either as an individual or as part of another business, by each | |
| 3355 | + | 102.31officer, director, manager, and general partner of the cannabis business; | |
| 3356 | + | 102Article 1 Sec. 48. | |
| 3357 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 103.1 (ii) an operating plan demonstrating the proposed layout of the facility, including a | |
| 3358 | + | 103.2diagram of ventilation and filtration systems, policies to avoid sales to individuals who are | |
| 3359 | + | 103.3not authorized to receive the distribution of medical cannabis flower or medical cannabinoid | |
| 3360 | + | 103.4products, identification of a restricted area for storage, and plans to prevent the visibility of | |
| 3361 | + | 103.5cannabis flower and cannabinoid products; | |
| 3362 | + | 103.6 (iii) if the applicant holds or is applying for a cannabis retailer license, a diagram showing | |
| 3363 | + | 103.7the portion of the premises in which medical cannabis flower and medical cannabinoid | |
| 3364 | + | 103.8products will be sold and distributed and identifying an area that is definite and distinct | |
| 3365 | + | 103.9from all other areas of the cannabis retailer, is accessed through a distinct entrance, and | |
| 3366 | + | 103.10contains an appropriate space for a pharmacist employee of the medical cannabis retailer | |
| 3367 | + | 103.11to consult with the patient to determine the proper type of medical cannabis flower and | |
| 3368 | + | 103.12medical cannabinoid products and proper dosage for the patient; and | |
| 3369 | + | 103.13 (iv) evidence that the applicant will comply with the applicable operation requirements | |
| 3370 | + | 103.14for the license being sought. | |
| 3371 | + | 103.15Sec. 49. [342.49] MEDICAL CANNABIS CULTIVATORS. | |
| 3372 | + | 103.16 (a) A medical cannabis cultivator license entitles the license holder to grow cannabis | |
| 3373 | + | 103.17plants within the approved amount of space from seed or immature plant to mature plant, | |
| 3374 | + | 103.18harvest cannabis flower from a mature plant, package and label cannabis flower as medical | |
| 3375 | + | 103.19cannabis flower, sell medical cannabis flower to medical cannabis processors and medical | |
| 3376 | + | 103.20cannabis retailers, transport medical cannabis flower to a medical cannabis processor located | |
| 3377 | + | 103.21on the same premises, and perform other actions approved by the office. | |
| 3378 | + | 103.22 (b) The office may, by rule, establish limits on the plant canopy in which a medical | |
| 3379 | + | 103.23cannabis cultivator can grow cannabis plants and on the use of tiers within the approved | |
| 3380 | + | 103.24plant canopy. | |
| 3381 | + | 103.25 (c) A medical cannabis cultivator license holder must comply with all requirements of | |
| 3382 | + | 103.26section 342.25. | |
| 3383 | + | 103.27 (d) A medical cannabis cultivator license holder must verify that every batch of medical | |
| 3384 | + | 103.28cannabis flower has passed safety, potency, and consistency testing at a cannabis testing | |
| 3385 | + | 103.29facility approved by the office for the testing of medical cannabis flower before the medical | |
| 3386 | + | 103.30cannabis cultivator may package, label, or sell the medical cannabis flower to any other | |
| 3387 | + | 103.31entity. | |
| 3388 | + | 103.32 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3389 | + | 103Article 1 Sec. 49. | |
| 3390 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 104.1Sec. 50. [342.50] MEDICAL CANNABIS PROCESSORS. | |
| 3391 | + | 104.2 (a) A medical cannabis processor license, consistent with the specific license endorsement | |
| 3392 | + | 104.3or endorsements, entitles the license holder to: | |
| 3393 | + | 104.4 (1) purchase medical cannabis flower, medical cannabinoid products, hemp plant parts, | |
| 3394 | + | 104.5and hemp concentrate from medical cannabis cultivators, other medical cannabis processors, | |
| 3395 | + | 104.6and industrial hemp growers; | |
| 3396 | + | 104.7 (2) make cannabis concentrate from medical cannabis flower; | |
| 3397 | + | 104.8 (3) make hemp concentrate, including hemp concentrate with a delta-9 | |
| 3398 | + | 104.9tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; | |
| 3399 | + | 104.10 (4) manufacture medical cannabinoid products; | |
| 3400 | + | 104.11 (5) package and label medical cannabinoid products for sale to other medical cannabis | |
| 3401 | + | 104.12processors and to medical cannabis retailers; and | |
| 3402 | + | 104.13 (6) perform other actions approved by the office. | |
| 3403 | + | 104.14 (b) A medical cannabis processor license holder must comply with all requirements of | |
| 3404 | + | 104.15section 342.26, including requirements to obtain specific license endorsements. | |
| 3405 | + | 104.16 (c) A medical cannabis processor license holder must verify that every batch of medical | |
| 3406 | + | 104.17cannabinoid product has passed safety, potency, and consistency testing at a cannabis testing | |
| 3407 | + | 104.18facility approved by the office for the testing of medical cannabinoid products before the | |
| 3408 | + | 104.19medical cannabis processor may package, label, or sell the medical cannabinoid product to | |
| 3409 | + | 104.20any other entity. | |
| 3410 | + | 104.21 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3411 | + | 104.22Sec. 51. [342.51] MEDICAL CANNABIS RETAILERS. | |
| 3412 | + | 104.23 Subdivision 1.Authorized actions.(a) A medical cannabis retailer license entitles the | |
| 3413 | + | 104.24license holder to purchase medical cannabis flower and medical cannabinoid products from | |
| 3414 | + | 104.25medical cannabis cultivators and medical cannabis processors and sell or distribute medical | |
| 3415 | + | 104.26cannabis flower and medical cannabinoid products to any person authorized to receive | |
| 3416 | + | 104.27medical cannabis flower or medical cannabinoid products. | |
| 3417 | + | 104.28 (b) A medical cannabis retailer license holder must verify that all medical cannabis | |
| 3418 | + | 104.29flower and medical cannabinoid products have passed safety, potency, and consistency | |
| 3419 | + | 104.30testing at a cannabis testing facility approved by the office for the testing of medical cannabis | |
| 3420 | + | 104.31flower and medical cannabinoid products before the medical cannabis retailer may distribute | |
| 3421 | + | 104Article 1 Sec. 51. | |
| 3422 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 105.1the medical cannabis flower or medical cannabinoid product to any person authorized to | |
| 3423 | + | 105.2receive medical cannabis flower or medical cannabinoid products. | |
| 3424 | + | 105.3 Subd. 2.Distribution requirements.(a) Prior to distribution of medical cannabis flower | |
| 3425 | + | 105.4or medical cannabinoid products, a medical cannabis retailer licensee must: | |
| 3426 | + | 105.5 (1) review and confirm the patient's registry verification; | |
| 3427 | + | 105.6 (2) verify that the person requesting the distribution of medical cannabis flower or | |
| 3428 | + | 105.7medical cannabinoid products is the patient, the patient's registered designated caregiver, | |
| 3429 | + | 105.8or the patient's parent, legal guardian, or spouse using the procedures specified in section | |
| 3430 | + | 105.9152.11, subdivision 2d; | |
| 3431 | + | 105.10 (3) ensure that a pharmacist employee of the medical cannabis retailer has consulted | |
| 3432 | + | 105.11with the patient if required according to subdivision 3; and | |
| 3433 | + | 105.12 (4) apply a patient-specific label on the medical cannabis flower or medical cannabinoid | |
| 3434 | + | 105.13product that includes recommended dosage requirements and other information as required | |
| 3435 | + | 105.14by rules adopted by the office. | |
| 3436 | + | 105.15 (b) A medical cannabis retailer may not deliver medical cannabis flower or medical | |
| 3437 | + | 105.16cannabinoid products unless the medical cannabis retailer also holds a cannabis delivery | |
| 3438 | + | 105.17service license. Delivery of medical cannabis flower and medical cannabinoid products are | |
| 3439 | + | 105.18subject to the provisions of section 342.42. | |
| 3440 | + | 105.19 Subd. 3.Final approval for distribution of medical cannabis flower and medical | |
| 3441 | + | 105.20cannabinoid products.(a) A cannabis worker who is employed by a medical cannabis | |
| 3442 | + | 105.21retailer and who is licensed as a pharmacist pursuant to chapter 151 shall be the only person | |
| 3443 | + | 105.22who may give final approval for the distribution of medical cannabis flower and medical | |
| 3444 | + | 105.23cannabinoid products. Prior to the distribution of medical cannabis flower or medical | |
| 3445 | + | 105.24cannabinoid products, a pharmacist employed by the medical cannabis retailer must consult | |
| 3446 | + | 105.25with the patient to determine the proper type of medical cannabis flower, medical cannabinoid | |
| 3447 | + | 105.26product, or medical cannabis paraphernalia and proper dosage for the patient after reviewing | |
| 3448 | + | 105.27the range of chemical compositions of medical cannabis flower or medical cannabinoid | |
| 3449 | + | 105.28product. For purposes of this subdivision, a consultation may be conducted remotely by | |
| 3450 | + | 105.29secure videoconference, telephone, or other remote means, as long as: | |
| 3451 | + | 105.30 (1) the pharmacist engaging in the consultation is able to confirm the identity of the | |
| 3452 | + | 105.31patient; and | |
| 3453 | + | 105.32 (2) the consultation adheres to patient privacy requirements that apply to health care | |
| 3454 | + | 105.33services delivered through telemedicine. | |
| 3455 | + | 105Article 1 Sec. 51. | |
| 3456 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 106.1 (b) Notwithstanding paragraph (a), a pharmacist consultation is not required prior to the | |
| 3457 | + | 106.2distribution of medical cannabis flower or medical cannabinoid products when a medical | |
| 3458 | + | 106.3cannabis retailer is distributing medical cannabis flower or medical cannabinoid products | |
| 3459 | + | 106.4to a patient according to a patient-specific dosage plan established with that medical cannabis | |
| 3460 | + | 106.5retailer and is not modifying the dosage or product being distributed under that plan. Medical | |
| 3461 | + | 106.6cannabis flower or medical cannabinoid products distributed under this paragraph must be | |
| 3462 | + | 106.7distributed by a pharmacy technician employed by the medical cannabis retailer. | |
| 3463 | + | 106.8 Subd. 4.90-day supply.A medical cannabis retailer shall not distribute more than a | |
| 3464 | + | 106.990-day supply of medical cannabis flower or medical cannabinoid products to a patient, | |
| 3465 | + | 106.10registered designated caregiver, or parent, legal guardian, or spouse of a patient according | |
| 3466 | + | 106.11to the dosages established for the individual patient. | |
| 3467 | + | 106.12 Subd. 5.Distribution to recipient in a motor vehicle.A medical cannabis retailer may | |
| 3468 | + | 106.13distribute medical cannabis flower and medical cannabinoid products to a patient, registered | |
| 3469 | + | 106.14designated caregiver, or parent, legal guardian, or spouse of a patient who is at a dispensary | |
| 3470 | + | 106.15location but remains in a motor vehicle, provided that: | |
| 3471 | + | 106.16 (1) staff receive payment and distribute medical cannabis flower and medical cannabinoid | |
| 3472 | + | 106.17products in a designated zone that is as close as feasible to the front door of the facility; | |
| 3473 | + | 106.18 (2) the medical cannabis retailer ensures that the receipt of payment and distribution of | |
| 3474 | + | 106.19medical cannabis flower and medical cannabinoid products are visually recorded by a | |
| 3475 | + | 106.20closed-circuit television surveillance camera and provides any other necessary security | |
| 3476 | + | 106.21safeguards; | |
| 3477 | + | 106.22 (3) the medical cannabis retailer does not store medical cannabis flower or medical | |
| 3478 | + | 106.23cannabinoid products outside a restricted access area and staff transport medical cannabis | |
| 3479 | + | 106.24flower and medical cannabinoid products from a restricted access area to the designated | |
| 3480 | + | 106.25zone for distribution only after confirming that the patient, designated caregiver, or parent, | |
| 3481 | + | 106.26guardian, or spouse has arrived in the designated zone; | |
| 3482 | + | 106.27 (4) the payment and distribution of medical cannabis flower and medical cannabinoid | |
| 3483 | + | 106.28products take place only after a pharmacist consultation takes place, if required under | |
| 3484 | + | 106.29subdivision 3; | |
| 3485 | + | 106.30 (5) immediately following distribution of medical cannabis flower or medical cannabinoid | |
| 3486 | + | 106.31products, staff enter the transaction in the statewide monitoring system; and | |
| 3487 | + | 106.32 (6) immediately following distribution of medical cannabis flower and medical | |
| 3488 | + | 106.33cannabinoid products, staff take the payment received into the facility. | |
| 3489 | + | 106Article 1 Sec. 51. | |
| 3490 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 107.1 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3491 | + | 107.2Sec. 52. [342.52] PATIENT REGISTRY PROGRAM. | |
| 3492 | + | 107.3 Subdivision 1.Administration.The Division of Medical Cannabis must administer the | |
| 3493 | + | 107.4medical cannabis registry program. | |
| 3494 | + | 107.5 Subd. 2.Application procedure for patients.(a) A patient seeking to enroll in the | |
| 3495 | + | 107.6registry program must submit to the Division of Medical Cannabis an application established | |
| 3496 | + | 107.7by the Division of Medical Cannabis and a copy of the certification specified in paragraph | |
| 3497 | + | 107.8(b) or, if the patient is a veteran who receives care from the United States Department of | |
| 3498 | + | 107.9Veterans Affairs, the information required pursuant to subdivision 3. The patient must | |
| 3499 | + | 107.10provide at least the following information in the application: | |
| 3500 | + | 107.11 (1) the patient's name, mailing address, and date of birth; | |
| 3501 | + | 107.12 (2) the name, mailing address, and telephone number of the patient's health care | |
| 3502 | + | 107.13practitioner; | |
| 3503 | + | 107.14 (3) the name, mailing address, and date of birth of the patient's registered designated | |
| 3504 | + | 107.15caregiver, if any, or the patient's parent, legal guardian, or spouse if the parent, legal guardian, | |
| 3505 | + | 107.16or spouse will be acting as the patient's caregiver; | |
| 3506 | + | 107.17 (4) a disclosure signed by the patient that includes: | |
| 3507 | + | 107.18 (i) a statement that, notwithstanding any law to the contrary, the Office of Cannabis | |
| 3508 | + | 107.19Management, the Division of Medical Cannabis, or an employee of the Office of Cannabis | |
| 3509 | + | 107.20Management or Division of Medical Cannabis may not be held civilly or criminally liable | |
| 3510 | + | 107.21for any injury, loss of property, personal injury, or death caused by an act or omission while | |
| 3511 | + | 107.22acting within the employee's scope of office or employment under this section; and | |
| 3512 | + | 107.23 (ii) the patient's acknowledgment that enrollment in the registry program is conditional | |
| 3513 | + | 107.24on the patient's agreement to meet all other requirements of this section; and | |
| 3514 | + | 107.25 (5) all other information required by the Division of Medical Cannabis. | |
| 3515 | + | 107.26 (b) As part of the application under this subdivision, a patient must submit a copy of a | |
| 3516 | + | 107.27certification from the patient's health care practitioner that is dated within 90 days prior to | |
| 3517 | + | 107.28the submission of the application and that certifies that the patient has been diagnosed with | |
| 3518 | + | 107.29a qualifying medical condition. | |
| 3519 | + | 107.30 (c) A patient's health care practitioner may submit a statement to the Division of Medical | |
| 3520 | + | 107.31Cannabis declaring that the patient is no longer diagnosed with a qualifying medical | |
| 3521 | + | 107.32condition. Within 30 days after receipt of a statement from a patient's health care practitioner, | |
| 3522 | + | 107Article 1 Sec. 52. | |
| 3523 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 108.1the Division of Medical Cannabis must provide written notice to a patient stating that the | |
| 3524 | + | 108.2patient's enrollment in the registry program will be revoked in 30 days unless the patient | |
| 3525 | + | 108.3submits a certification from a health care practitioner that the patient is currently diagnosed | |
| 3526 | + | 108.4with a qualifying medical condition or, if the patient is a veteran, the patient submits | |
| 3527 | + | 108.5confirmation that the patient is currently diagnosed with a qualifying medical condition in | |
| 3528 | + | 108.6a form and manner consistent with the information required for an application made pursuant | |
| 3529 | + | 108.7to subdivision 3. If the Division of Medical Cannabis revokes a patient's enrollment in the | |
| 3530 | + | 108.8registry program pursuant to this paragraph, the division must provide notice to the patient | |
| 3531 | + | 108.9and to the patient's health care practitioner. | |
| 3532 | + | 108.10 Subd. 3.Application procedure for veterans.(a) The Division of Medical Cannabis | |
| 3533 | + | 108.11shall establish an alternative certification procedure for veterans who receive care from the | |
| 3534 | + | 108.12United States Department of Veterans Affairs to confirm that the veteran has been diagnosed | |
| 3535 | + | 108.13with a qualifying medical condition. | |
| 3536 | + | 108.14 (b) A patient who is also a veteran and is seeking to enroll in the registry program must | |
| 3537 | + | 108.15submit to the Division of Medical Cannabis an application established by the Division of | |
| 3538 | + | 108.16Medical Cannabis that includes the information identified in subdivision 2, paragraph (a), | |
| 3539 | + | 108.17and the additional information required by the Division of Medical Cannabis to certify that | |
| 3540 | + | 108.18the patient has been diagnosed with a qualifying medical condition. | |
| 3541 | + | 108.19 Subd. 4.Enrollment; denial of enrollment; revocation.(a) Within 30 days after the | |
| 3542 | + | 108.20receipt of an application and certification or other documentation of a diagnosis with a | |
| 3543 | + | 108.21qualifying medical condition, the Division of Medical Cannabis must approve or deny a | |
| 3544 | + | 108.22patient's enrollment in the registry program. If the Division of Medical Cannabis approves | |
| 3545 | + | 108.23a patient's enrollment in the registry program, the office must provide notice to the patient | |
| 3546 | + | 108.24and to the patient's health care practitioner. | |
| 3547 | + | 108.25 (b) A patient's enrollment in the registry program must only be denied if the patient: | |
| 3548 | + | 108.26 (1) does not submit a certification from a health care practitioner or, if the patient is a | |
| 3549 | + | 108.27veteran, the documentation required under subdivision 3 that the patient has been diagnosed | |
| 3550 | + | 108.28with a qualifying medical condition; | |
| 3551 | + | 108.29 (2) has not signed the disclosure required in subdivision 2; | |
| 3552 | + | 108.30 (3) does not provide the information required by the Division of Medical Cannabis; | |
| 3553 | + | 108.31 (4) provided false information on the application; or | |
| 3554 | + | 108.32 (5) at the time of application, is also enrolled in a federally approved clinical trial for | |
| 3555 | + | 108.33the treatment of a qualifying medical condition with medical cannabis. | |
| 3556 | + | 108Article 1 Sec. 52. | |
| 3557 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 109.1 (c) If the Division of Medical Cannabis denies a patient's enrollment in the registry | |
| 3558 | + | 109.2program, the Division of Medical Cannabis must provide written notice to a patient of all | |
| 3559 | + | 109.3reasons for denying enrollment. Denial of enrollment in the registry program is considered | |
| 3560 | + | 109.4a final decision of the office and is subject to judicial review under chapter 14. | |
| 3561 | + | 109.5 (d) A patient's enrollment in the registry program may be revoked only: | |
| 3562 | + | 109.6 (1) pursuant to subdivision 2, paragraph (c); | |
| 3563 | + | 109.7 (2) upon the death of the patient; | |
| 3564 | + | 109.8 (3) if the patient's certifying health care practitioner has filed a declaration under | |
| 3565 | + | 109.9subdivision 2, paragraph (c), that the patient's qualifying diagnosis no longer exists and the | |
| 3566 | + | 109.10patient does not submit another certification within 30 days; | |
| 3567 | + | 109.11 (4) if the patient does not comply with subdivision 6; or | |
| 3568 | + | 109.12 (5) if the patient intentionally sells or diverts medical cannabis flower or medical | |
| 3569 | + | 109.13cannabinoid products in violation of this chapter. | |
| 3570 | + | 109.14If a patient's enrollment in the registry program has been revoked due to a violation of | |
| 3571 | + | 109.15subdivision 6, the patient may apply for enrollment 12 months after the date on which the | |
| 3572 | + | 109.16patient's enrollment was revoked. The office must process such an application in accordance | |
| 3573 | + | 109.17with this subdivision. | |
| 3574 | + | 109.18 Subd. 5.Registry verification.When a patient is enrolled in the registry program, the | |
| 3575 | + | 109.19Division of Medical Cannabis must assign the patient a patient registry number and must | |
| 3576 | + | 109.20issue the patient and the patient's registered designated caregiver, parent, legal guardian, or | |
| 3577 | + | 109.21spouse, if applicable, a registry verification. The Division of Medical Cannabis must also | |
| 3578 | + | 109.22make the registry verification available to medical cannabis retailers. The registry verification | |
| 3579 | + | 109.23must include: | |
| 3580 | + | 109.24 (1) the patient's name and date of birth; | |
| 3581 | + | 109.25 (2) the patient registry number assigned to the patient; and | |
| 3582 | + | 109.26 (3) the name and date of birth of the patient's registered designated caregiver, if any, or | |
| 3583 | + | 109.27the name of the patient's parent, legal guardian, or spouse if the parent, legal guardian, or | |
| 3584 | + | 109.28spouse will act as a caregiver. | |
| 3585 | + | 109.29 Subd. 6.Conditions of continued enrollment.As conditions of continued enrollment, | |
| 3586 | + | 109.30a patient must: | |
| 3587 | + | 109.31 (1) continue to receive regularly scheduled treatment for the patient's qualifying medical | |
| 3588 | + | 109.32condition from the patient's health care practitioner; and | |
| 3571 | 3589 | 109Article 1 Sec. 52. | |
| 3572 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 110.1 (4) manufacture artificially derived cannabinoids; | |
| 3573 | - | 110.2 (5) manufacture medical cannabinoid products; | |
| 3574 | - | 110.3 (6) manufacture adult-use cannabis products, lower-potency hemp edibles, and | |
| 3575 | - | 110.4hemp-derived consumer products for public consumption; | |
| 3576 | - | 110.5 (7) purchase immature cannabis plants and seedlings and cannabis flower from a cannabis | |
| 3577 | - | 110.6microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, a cannabis wholesaler, | |
| 3578 | - | 110.7a medical cannabis cultivator, or another medical cannabis combination business; | |
| 3579 | - | 110.8 (8) purchase hemp plant parts and propagules from an industrial hemp grower licensed | |
| 3580 | - | 110.9under chapter 18K; | |
| 3581 | - | 110.10 (9) purchase cannabis concentrate, hemp concentrate, and artificially derived cannabinoids | |
| 3582 | - | 110.11from a cannabis microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, a | |
| 3583 | - | 110.12cannabis wholesaler, a medical cannabis processor, or another medical cannabis combination | |
| 3584 | - | 110.13business; | |
| 3585 | - | 110.14 (10) purchase hemp concentrate from an industrial hemp processor licensed under chapter | |
| 3586 | - | 110.1518K; | |
| 3587 | - | 110.16 (11) package and label medical cannabis and medical cannabinoid products for sale to | |
| 3588 | - | 110.17medical cannabis processors, medical cannabis retailers, other medical cannabis combination | |
| 3589 | - | 110.18businesses, and patients enrolled in the registry program, registered designated caregivers, | |
| 3590 | - | 110.19and parents, legal guardians, and spouses of an enrolled patient; | |
| 3591 | - | 110.20 (12) package and label adult-use cannabis flower, adult-use cannabis products, | |
| 3592 | - | 110.21lower-potency hemp edibles, and hemp-derived consumer products for sale to customers; | |
| 3593 | - | 110.22 (13) sell medical cannabis flower and medical cannabinoid products to patients enrolled | |
| 3594 | - | 110.23in the registry program, registered designated caregivers, and parents, legal guardians, and | |
| 3595 | - | 110.24spouses of an enrolled patient; | |
| 3596 | - | 110.25 (14) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use | |
| 3597 | - | 110.26cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and | |
| 3598 | - | 110.27other products authorized by law to other cannabis businesses and to customers; and | |
| 3599 | - | 110.28 (15) perform other actions approved by the office. | |
| 3600 | - | 110.29 Subd. 2.Cultivation; size limitations.(a) A medical cannabis combination business | |
| 3601 | - | 110.30may cultivate cannabis to be sold as medical cannabis flower or used in medical cannabinoid | |
| 3602 | - | 110.31products in an area of up to 60,000 square feet of plant canopy. | |
| 3590 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 110.1 (2) report changes in the patient's qualifying medical condition to the patient's health | |
| 3591 | + | 110.2care practitioner. | |
| 3592 | + | 110.3 Subd. 7.Enrollment period.Enrollment in the registry program is valid for one year. | |
| 3593 | + | 110.4To re-enroll, a patient must submit the information required in subdivision 2 and a patient | |
| 3594 | + | 110.5who is also a veteran must submit the information required in subdivision 3. | |
| 3595 | + | 110.6 Subd. 8.Allowable delivery methods.A patient in the registry program may receive | |
| 3596 | + | 110.7medical cannabis flower and medical cannabinoid products. The office may approve | |
| 3597 | + | 110.8additional delivery methods to expand the types of products that qualify as medical | |
| 3598 | + | 110.9cannabinoid products. | |
| 3599 | + | 110.10 Subd. 9.Registered designated caregiver.(a) The Division of Medical Cannabis must | |
| 3600 | + | 110.11register a designated caregiver for a patient if the patient requires assistance in administering | |
| 3601 | + | 110.12medical cannabis flower or medical cannabinoid products or in obtaining medical cannabis | |
| 3602 | + | 110.13flower, medical cannabinoid products, or medical cannabis paraphernalia from a medical | |
| 3603 | + | 110.14cannabis retailer. | |
| 3604 | + | 110.15 (b) In order to serve as a designated caregiver, a person must: | |
| 3605 | + | 110.16 (1) be at least: | |
| 3606 | + | 110.17 (i) 18 years of age to obtain or assist with medical cannabinoid products or medical | |
| 3607 | + | 110.18cannabis paraphernalia; and | |
| 3608 | + | 110.19 (ii) 21 years of age to obtain or assist with medical cannabis flower; | |
| 3609 | + | 110.20 (2) agree to only possess the patient's medical cannabis flower and medical cannabinoid | |
| 3610 | + | 110.21products for purposes of assisting the patient; and | |
| 3611 | + | 110.22 (3) agree that if the application is approved, the person will not serve as a registered | |
| 3612 | + | 110.23designated caregiver for more than six registered patients at one time. Patients who reside | |
| 3613 | + | 110.24in the same residence count as one patient. | |
| 3614 | + | 110.25 (c) The office shall conduct a criminal background check on the designated caregiver | |
| 3615 | + | 110.26prior to registration to ensure that the person does not have a conviction for a disqualifying | |
| 3616 | + | 110.27felony offense. Any cost of the background check shall be paid by the person seeking | |
| 3617 | + | 110.28registration as a designated caregiver. A designated caregiver must have the criminal | |
| 3618 | + | 110.29background check renewed every two years. | |
| 3619 | + | 110.30 (d) Nothing in this section shall be construed to prevent a registered designated caregiver | |
| 3620 | + | 110.31from being enrolled in the registry program as a patient and possessing and administering | |
| 3621 | + | 110.32medical cannabis flower or medical cannabinoid products as a patient. | |
| 3603 | 3622 | 110Article 1 Sec. 52. | |
| 3604 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 111.1 (b) A medical cannabis combination business may cultivate cannabis to be sold as | |
| 3605 | - | 111.2adult-use cannabis flower or used in adult-use cannabis products in an area authorized by | |
| 3606 | - | 111.3the office as described in paragraph (c). | |
| 3607 | - | 111.4 (c) The office shall authorize a medical cannabis combination business to cultivate | |
| 3608 | - | 111.5cannabis for sale in the adult-use market in an area of plant canopy that is equal to one-half | |
| 3609 | - | 111.6of the area the business used to cultivate cannabis sold in the medical market in the preceding | |
| 3610 | - | 111.7year. The office shall establish an annual verification and authorization procedure. The | |
| 3611 | - | 111.8office may increase the area of plant canopy in which a medical cannabis combination | |
| 3612 | - | 111.9business is authorized to cultivate cannabis for sale in the adult-use market between | |
| 3613 | - | 111.10authorization periods if the business demonstrates a significant increase in the sale of medical | |
| 3614 | - | 111.11cannabis and medical cannabis products. | |
| 3615 | - | 111.12 Subd. 3.Manufacturing; size limitations.The office may establish limits on cannabis | |
| 3616 | - | 111.13manufacturing that are consistent with the area of plant canopy a business is authorized to | |
| 3617 | - | 111.14cultivate. | |
| 3618 | - | 111.15 Subd. 4.Retail locations.A medical cannabis combination business may operate up to | |
| 3619 | - | 111.16one retail location in each congressional district. A medical cannabis combination business | |
| 3620 | - | 111.17must offer medical cannabis flower, medical cannabinoid products, or both at every retail | |
| 3621 | - | 111.18location. | |
| 3622 | - | 111.19 Subd. 5.Failure to participate; suspension or revocation of license.The office may | |
| 3623 | - | 111.20suspend or revoke a medical cannabis combination business license if the office determines | |
| 3624 | - | 111.21that the business is no longer actively participating in the medical cannabis market. The | |
| 3625 | - | 111.22office may, by rule, establish minimum requirements related to cannabis cultivation, | |
| 3626 | - | 111.23manufacturing of medical cannabinoid products, retail sales of medical cannabis flower and | |
| 3627 | - | 111.24medical cannabinoid products, and other relevant criteria to demonstrate active participation | |
| 3628 | - | 111.25in the medical cannabis market. | |
| 3629 | - | 111.26 Subd. 6.Operations.A medical cannabis combination business must comply with the | |
| 3630 | - | 111.27relevant requirements of sections 342.25, 342.26, 342.27, and 342.51, subdivisions 2 to 5. | |
| 3631 | - | 111.28 EFFECTIVE DATE.This section is effective March 1, 2025. | |
| 3632 | - | 111.29Sec. 53. [342.52] PATIENT REGISTRY PROGRAM. | |
| 3633 | - | 111.30 Subdivision 1.Administration.The Division of Medical Cannabis must administer the | |
| 3634 | - | 111.31medical cannabis registry program. | |
| 3635 | - | 111.32 Subd. 2.Application procedure for patients.(a) A patient seeking to enroll in the | |
| 3636 | - | 111.33registry program must submit to the Division of Medical Cannabis an application established | |
| 3637 | - | 111Article 1 Sec. 53. | |
| 3638 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 112.1by the Division of Medical Cannabis and a copy of the certification specified in paragraph | |
| 3639 | - | 112.2(b) or, if the patient is a veteran who receives care from the United States Department of | |
| 3640 | - | 112.3Veterans Affairs, the information required pursuant to subdivision 3. The patient must | |
| 3641 | - | 112.4provide at least the following information in the application: | |
| 3642 | - | 112.5 (1) the patient's name, mailing address, and date of birth; | |
| 3643 | - | 112.6 (2) the name, mailing address, and telephone number of the patient's health care | |
| 3644 | - | 112.7practitioner; | |
| 3645 | - | 112.8 (3) the name, mailing address, and date of birth of the patient's registered designated | |
| 3646 | - | 112.9caregiver, if any, or the patient's parent, legal guardian, or spouse if the parent, legal guardian, | |
| 3647 | - | 112.10or spouse will be acting as the patient's caregiver; | |
| 3648 | - | 112.11 (4) a disclosure signed by the patient that includes: | |
| 3649 | - | 112.12 (i) a statement that, notwithstanding any law to the contrary, the Office of Cannabis | |
| 3650 | - | 112.13Management, the Division of Medical Cannabis, or an employee of the Office of Cannabis | |
| 3651 | - | 112.14Management or Division of Medical Cannabis may not be held civilly or criminally liable | |
| 3652 | - | 112.15for any injury, loss of property, personal injury, or death caused by an act or omission while | |
| 3653 | - | 112.16acting within the employee's scope of office or employment under this section; and | |
| 3654 | - | 112.17 (ii) the patient's acknowledgment that enrollment in the registry program is conditional | |
| 3655 | - | 112.18on the patient's agreement to meet all other requirements of this section; and | |
| 3656 | - | 112.19 (5) all other information required by the Division of Medical Cannabis. | |
| 3657 | - | 112.20 (b) As part of the application under this subdivision, a patient must submit a copy of a | |
| 3658 | - | 112.21certification from the patient's health care practitioner that is dated within 90 days prior to | |
| 3659 | - | 112.22the submission of the application and that certifies that the patient has been diagnosed with | |
| 3660 | - | 112.23a qualifying medical condition. | |
| 3661 | - | 112.24 (c) A patient's health care practitioner may submit a statement to the Division of Medical | |
| 3662 | - | 112.25Cannabis declaring that the patient is no longer diagnosed with a qualifying medical | |
| 3663 | - | 112.26condition. Within 30 days after receipt of a statement from a patient's health care practitioner, | |
| 3664 | - | 112.27the Division of Medical Cannabis must provide written notice to a patient stating that the | |
| 3665 | - | 112.28patient's enrollment in the registry program will be revoked in 30 days unless the patient | |
| 3666 | - | 112.29submits a certification from a health care practitioner that the patient is currently diagnosed | |
| 3667 | - | 112.30with a qualifying medical condition or, if the patient is a veteran, the patient submits | |
| 3668 | - | 112.31confirmation that the patient is currently diagnosed with a qualifying medical condition in | |
| 3669 | - | 112.32a form and manner consistent with the information required for an application made pursuant | |
| 3670 | - | 112.33to subdivision 3. If the Division of Medical Cannabis revokes a patient's enrollment in the | |
| 3671 | - | 112Article 1 Sec. 53. | |
| 3672 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 113.1registry program pursuant to this paragraph, the division must provide notice to the patient | |
| 3673 | - | 113.2and to the patient's health care practitioner. | |
| 3674 | - | 113.3 Subd. 3.Application procedure for veterans.(a) The Division of Medical Cannabis | |
| 3675 | - | 113.4shall establish an alternative certification procedure for veterans who receive care from the | |
| 3676 | - | 113.5United States Department of Veterans Affairs to confirm that the veteran has been diagnosed | |
| 3677 | - | 113.6with a qualifying medical condition. | |
| 3678 | - | 113.7 (b) A patient who is also a veteran and is seeking to enroll in the registry program must | |
| 3679 | - | 113.8submit to the Division of Medical Cannabis an application established by the Division of | |
| 3680 | - | 113.9Medical Cannabis that includes the information identified in subdivision 2, paragraph (a), | |
| 3681 | - | 113.10and the additional information required by the Division of Medical Cannabis to certify that | |
| 3682 | - | 113.11the patient has been diagnosed with a qualifying medical condition. | |
| 3683 | - | 113.12 Subd. 4.Enrollment; denial of enrollment; revocation.(a) Within 30 days after the | |
| 3684 | - | 113.13receipt of an application and certification or other documentation of a diagnosis with a | |
| 3685 | - | 113.14qualifying medical condition, the Division of Medical Cannabis must approve or deny a | |
| 3686 | - | 113.15patient's enrollment in the registry program. If the Division of Medical Cannabis approves | |
| 3687 | - | 113.16a patient's enrollment in the registry program, the office must provide notice to the patient | |
| 3688 | - | 113.17and to the patient's health care practitioner. | |
| 3689 | - | 113.18 (b) A patient's enrollment in the registry program must only be denied if the patient: | |
| 3690 | - | 113.19 (1) does not submit a certification from a health care practitioner or, if the patient is a | |
| 3691 | - | 113.20veteran, the documentation required under subdivision 3 that the patient has been diagnosed | |
| 3692 | - | 113.21with a qualifying medical condition; | |
| 3693 | - | 113.22 (2) has not signed the disclosure required in subdivision 2; | |
| 3694 | - | 113.23 (3) does not provide the information required by the Division of Medical Cannabis; | |
| 3695 | - | 113.24 (4) provided false information on the application; or | |
| 3696 | - | 113.25 (5) at the time of application, is also enrolled in a federally approved clinical trial for | |
| 3697 | - | 113.26the treatment of a qualifying medical condition with medical cannabis. | |
| 3698 | - | 113.27 (c) If the Division of Medical Cannabis denies a patient's enrollment in the registry | |
| 3699 | - | 113.28program, the Division of Medical Cannabis must provide written notice to a patient of all | |
| 3700 | - | 113.29reasons for denying enrollment. Denial of enrollment in the registry program is considered | |
| 3701 | - | 113.30a final decision of the office and is subject to judicial review under chapter 14. | |
| 3702 | - | 113.31 (d) A patient's enrollment in the registry program may be revoked only: | |
| 3703 | - | 113.32 (1) pursuant to subdivision 2, paragraph (c); | |
| 3704 | - | 113Article 1 Sec. 53. | |
| 3705 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 114.1 (2) upon the death of the patient; | |
| 3706 | - | 114.2 (3) if the patient's certifying health care practitioner has filed a declaration under | |
| 3707 | - | 114.3subdivision 2, paragraph (c), that the patient's qualifying diagnosis no longer exists and the | |
| 3708 | - | 114.4patient does not submit another certification within 30 days; | |
| 3709 | - | 114.5 (4) if the patient does not comply with subdivision 6; or | |
| 3710 | - | 114.6 (5) if the patient intentionally sells or diverts medical cannabis flower or medical | |
| 3711 | - | 114.7cannabinoid products in violation of this chapter. | |
| 3712 | - | 114.8If a patient's enrollment in the registry program has been revoked due to a violation of | |
| 3713 | - | 114.9subdivision 6, the patient may apply for enrollment 12 months after the date on which the | |
| 3714 | - | 114.10patient's enrollment was revoked. The office must process such an application in accordance | |
| 3715 | - | 114.11with this subdivision. | |
| 3716 | - | 114.12 Subd. 5.Registry verification.When a patient is enrolled in the registry program, the | |
| 3717 | - | 114.13Division of Medical Cannabis must assign the patient a patient registry number and must | |
| 3718 | - | 114.14issue the patient and the patient's registered designated caregiver, parent, legal guardian, or | |
| 3719 | - | 114.15spouse, if applicable, a registry verification. The Division of Medical Cannabis must also | |
| 3720 | - | 114.16make the registry verification available to medical cannabis retailers. The registry verification | |
| 3721 | - | 114.17must include: | |
| 3722 | - | 114.18 (1) the patient's name and date of birth; | |
| 3723 | - | 114.19 (2) the patient registry number assigned to the patient; and | |
| 3724 | - | 114.20 (3) the name and date of birth of the patient's registered designated caregiver, if any, or | |
| 3725 | - | 114.21the name of the patient's parent, legal guardian, or spouse if the parent, legal guardian, or | |
| 3726 | - | 114.22spouse will act as a caregiver. | |
| 3727 | - | 114.23 Subd. 6.Conditions of continued enrollment.As conditions of continued enrollment, | |
| 3728 | - | 114.24a patient must: | |
| 3729 | - | 114.25 (1) continue to receive regularly scheduled treatment for the patient's qualifying medical | |
| 3730 | - | 114.26condition from the patient's health care practitioner; and | |
| 3731 | - | 114.27 (2) report changes in the patient's qualifying medical condition to the patient's health | |
| 3732 | - | 114.28care practitioner. | |
| 3733 | - | 114.29 Subd. 7.Enrollment period.Enrollment in the registry program is valid for three years. | |
| 3734 | - | 114.30To re-enroll, a patient must submit the information required in subdivision 2 and a patient | |
| 3735 | - | 114.31who is also a veteran must submit the information required in subdivision 3. | |
| 3736 | - | 114Article 1 Sec. 53. | |
| 3737 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 115.1 Subd. 8.Allowable delivery methods.A patient in the registry program may receive | |
| 3738 | - | 115.2medical cannabis flower and medical cannabinoid products. The office may approve | |
| 3739 | - | 115.3additional delivery methods to expand the types of products that qualify as medical | |
| 3740 | - | 115.4cannabinoid products. | |
| 3741 | - | 115.5 Subd. 9.Registered designated caregiver.(a) The Division of Medical Cannabis must | |
| 3742 | - | 115.6register a designated caregiver for a patient if the patient requires assistance in administering | |
| 3743 | - | 115.7medical cannabis flower or medical cannabinoid products or in obtaining medical cannabis | |
| 3744 | - | 115.8flower, medical cannabinoid products, or medical cannabis paraphernalia from a medical | |
| 3745 | - | 115.9cannabis retailer. | |
| 3746 | - | 115.10 (b) In order to serve as a designated caregiver, a person must: | |
| 3747 | - | 115.11 (1) be at least 18 years of age; | |
| 3748 | - | 115.12 (2) agree to only possess the patient's medical cannabis flower and medical cannabinoid | |
| 3749 | - | 115.13products for purposes of assisting the patient; and | |
| 3750 | - | 115.14 (3) agree that if the application is approved, the person will not serve as a registered | |
| 3751 | - | 115.15designated caregiver for more than six registered patients at one time. Patients who reside | |
| 3752 | - | 115.16in the same residence count as one patient. | |
| 3753 | - | 115.17 (c) The office shall conduct a criminal background check on the designated caregiver | |
| 3754 | - | 115.18prior to registration to ensure that the person does not have a conviction for a disqualifying | |
| 3755 | - | 115.19felony offense. Any cost of the background check shall be paid by the person seeking | |
| 3756 | - | 115.20registration as a designated caregiver. A designated caregiver must have the criminal | |
| 3757 | - | 115.21background check renewed every two years. | |
| 3758 | - | 115.22 (d) Nothing in this section shall be construed to prevent a registered designated caregiver | |
| 3759 | - | 115.23from being enrolled in the registry program as a patient and possessing and administering | |
| 3760 | - | 115.24medical cannabis flower or medical cannabinoid products as a patient. | |
| 3761 | - | 115.25 Subd. 10.Parents, legal guardians, spouses.A parent, legal guardian, or spouse of a | |
| 3762 | - | 115.26patient may act as the caregiver for a patient. The parent, legal guardian, or spouse who is | |
| 3763 | - | 115.27acting as a caregiver must follow all requirements for parents, legal guardians, and spouses | |
| 3764 | - | 115.28under this chapter. Nothing in this section limits any legal authority that a parent, legal | |
| 3765 | - | 115.29guardian, or spouse may have for the patient under any other law. | |
| 3766 | - | 115.30 Subd. 11.Notice of change of name or address.Patients and registered designated | |
| 3767 | - | 115.31caregivers must notify the Division of Medical Cannabis of any address or name change | |
| 3768 | - | 115.32within 30 days of the change having occurred. A patient or registered designated caregiver | |
| 3769 | - | 115.33is subject to a $100 fine for failure to notify the office of the change. | |
| 3770 | - | 115Article 1 Sec. 53. | |
| 3771 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 116.1 EFFECTIVE DATE.This section is effective March 1, 2025. | |
| 3772 | - | 116.2Sec. 54. [342.53] DUTIES OF OFFICE OF CANNABIS MANAGEMENT; | |
| 3773 | - | 116.3REGISTRY PROGRAM. | |
| 3774 | - | 116.4 The office may add an allowable form of medical cannabinoid product, and may add or | |
| 3775 | - | 116.5modify a qualifying medical condition upon its own initiative, upon a petition from a member | |
| 3776 | - | 116.6of the public or from the Cannabis Advisory Council or as directed by law. The office must | |
| 3777 | - | 116.7evaluate all petitions and must make the addition or modification if the office determines | |
| 3778 | - | 116.8that the addition or modification is warranted by the best available evidence and research. | |
| 3779 | - | 116.9If the office wishes to add an allowable form or add or modify a qualifying medical condition, | |
| 3780 | - | 116.10the office must notify the chairs and ranking minority members of the legislative committees | |
| 3781 | - | 116.11and divisions with jurisdiction over health finance and policy by January 15 of the year in | |
| 3782 | - | 116.12which the change becomes effective. In this notification, the office must specify the proposed | |
| 3783 | - | 116.13addition or modification, the reasons for the addition or modification, any written comments | |
| 3784 | - | 116.14received by the office from the public about the addition or modification, and any guidance | |
| 3785 | - | 116.15received from the Cannabis Advisory Council. An addition or modification by the office | |
| 3786 | - | 116.16under this subdivision becomes effective on August 1 of that year unless the legislature by | |
| 3787 | - | 116.17law provides otherwise. | |
| 3788 | - | 116.18 EFFECTIVE DATE.This section is effective March 1, 2025. | |
| 3789 | - | 116.19Sec. 55. [342.54] DUTIES OF DIVISION OF MEDICAL CANNABIS; REGISTRY | |
| 3790 | - | 116.20PROGRAM. | |
| 3791 | - | 116.21 Subdivision 1.Duties related to health care practitioners.The Division of Medical | |
| 3792 | - | 116.22Cannabis must: | |
| 3793 | - | 116.23 (1) provide notice of the registry program to health care practitioners in the state; | |
| 3794 | - | 116.24 (2) allow health care practitioners to participate in the registry program if they request | |
| 3795 | - | 116.25to participate and meet the program's requirements; | |
| 3796 | - | 116.26 (3) provide explanatory information and assistance to health care practitioners to | |
| 3797 | - | 116.27understand the nature of the therapeutic use of medical cannabis flower and medical | |
| 3798 | - | 116.28cannabinoid products within program requirements; | |
| 3799 | - | 116.29 (4) make available to participating health care practitioners a certification form in which | |
| 3800 | - | 116.30a health care practitioner certifies that a patient has a qualifying medical condition; and | |
| 3801 | - | 116.31 (5) supervise the participation of health care practitioners in the registry reporting system | |
| 3802 | - | 116.32in which health care practitioners report patient treatment and health records information | |
| 3803 | - | 116Article 1 Sec. 55. | |
| 3804 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 117.1to the office in a manner that ensures stringent security and record keeping requirements | |
| 3805 | - | 117.2and that prevents the unauthorized release of private data on individuals as defined in section | |
| 3806 | - | 117.313.02. | |
| 3807 | - | 117.4 Subd. 2.Duties related to the registry program.The Division of Medical Cannabis | |
| 3808 | - | 117.5must: | |
| 3809 | - | 117.6 (1) administer the registry program according to section 342.52; | |
| 3810 | - | 117.7 (2) provide information to patients enrolled in the registry program on the existence of | |
| 3811 | - | 117.8federally approved clinical trials for the treatment of the patient's qualifying medical condition | |
| 3812 | - | 117.9with medical cannabis flower or medical cannabinoid products as an alternative to enrollment | |
| 3813 | - | 117.10in the registry program; | |
| 3814 | - | 117.11 (3) maintain safety criteria with which patients must comply as a condition of participation | |
| 3815 | - | 117.12in the registry program to prevent patients from undertaking any task under the influence | |
| 3816 | - | 117.13of medical cannabis flower or medical cannabinoid products that would constitute negligence | |
| 3817 | - | 117.14or professional malpractice; | |
| 3818 | - | 117.15 (4) review and publicly report on existing medical and scientific literature regarding the | |
| 3819 | - | 117.16range of recommended dosages for each qualifying medical condition, the range of chemical | |
| 3820 | - | 117.17compositions of medical cannabis flower and medical cannabinoid products that will likely | |
| 3821 | - | 117.18be medically beneficial for each qualifying medical condition, and any risks of noncannabis | |
| 3822 | - | 117.19drug interactions. This information must be updated by December 1 of each year. The office | |
| 3823 | - | 117.20may consult with an independent laboratory under contract with the office or other experts | |
| 3824 | - | 117.21in reporting and updating this information; and | |
| 3825 | - | 117.22 (5) annually consult with cannabis businesses about medical cannabis that the businesses | |
| 3826 | - | 117.23cultivate, manufacture, and offer for sale and post on the Division of Medical Cannabis | |
| 3827 | - | 117.24website a list of the medical cannabis flower and medical cannabinoid products offered for | |
| 3828 | - | 117.25sale by each medical cannabis retailer. | |
| 3829 | - | 117.26 Subd. 3.Research.(a) The Division of Medical Cannabis must conduct or contract with | |
| 3830 | - | 117.27a third party to conduct research and studies using data from health records submitted to | |
| 3831 | - | 117.28the registry program under section 342.55, subdivision 2, and data submitted to the registry | |
| 3832 | - | 117.29program under section 342.52, subdivisions 2 and 3. If the division contracts with a third | |
| 3833 | - | 117.30party for research and studies, the third party must provide the division with access to all | |
| 3834 | - | 117.31research and study results. The division must submit reports on intermediate or final research | |
| 3835 | - | 117.32results to the legislature and major scientific journals. All data used by the division or a | |
| 3836 | - | 117.33third party under this subdivision must be used or reported in an aggregated nonidentifiable | |
| 3837 | - | 117Article 1 Sec. 55. | |
| 3838 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 118.1form as part of a scientific peer-reviewed publication of research or in the creation of | |
| 3839 | - | 118.2summary data, as defined in section 13.02, subdivision 19. | |
| 3840 | - | 118.3 (b) The Division of Medical Cannabis may submit medical research based on the data | |
| 3841 | - | 118.4collected under sections 342.55, subdivision 2, and data collected through the statewide | |
| 3842 | - | 118.5monitoring system to any federal agency with regulatory or enforcement authority over | |
| 3843 | - | 118.6medical cannabis flower and medical cannabinoid products to demonstrate the effectiveness | |
| 3844 | - | 118.7of medical cannabis flower or medical cannabinoid products for treating or alleviating the | |
| 3845 | - | 118.8symptoms of a qualifying medical condition. | |
| 3846 | - | 118.9 EFFECTIVE DATE.This section is effective March 1, 2025. | |
| 3847 | - | 118.10Sec. 56. [342.55] DUTIES OF HEALTH CARE PRACTITIONERS; REGISTRY | |
| 3848 | - | 118.11PROGRAM. | |
| 3849 | - | 118.12 Subdivision 1.Health care practitioner duties before patient enrollment.Before a | |
| 3850 | - | 118.13patient's enrollment in the registry program, a health care practitioner must: | |
| 3851 | - | 118.14 (1) determine, in the health care practitioner's medical judgment, whether a patient has | |
| 3852 | - | 118.15a qualifying medical condition and, if so determined, provide the patient with a certification | |
| 3853 | - | 118.16of that diagnosis; | |
| 3854 | - | 118.17 (2) advise patients, registered designated caregivers, and parents, legal guardians, and | |
| 3855 | - | 118.18spouses acting as caregivers of any nonprofit patient support groups or organizations; | |
| 3856 | - | 118.19 (3) provide to patients explanatory information from the Division of Medical Cannabis, | |
| 3857 | - | 118.20including information about the experimental nature of the therapeutic use of medical | |
| 3858 | - | 118.21cannabis flower and medical cannabinoid products; the possible risks, benefits, and side | |
| 3859 | - | 118.22effects of the proposed treatment; and the application and other materials from the office; | |
| 3860 | - | 118.23 (4) provide to patients a Tennessen warning as required under section 13.04, subdivision | |
| 3861 | - | 118.242; and | |
| 3862 | - | 118.25 (5) agree to continue treatment of the patient's qualifying medical condition and to report | |
| 3863 | - | 118.26findings to the Division of Medical Cannabis. | |
| 3864 | - | 118.27 Subd. 2.Duties upon patient's enrollment in registry program.Upon receiving | |
| 3865 | - | 118.28notification from the Division of Medical Cannabis of the patient's enrollment in the registry | |
| 3866 | - | 118.29program, a health care practitioner must: | |
| 3867 | - | 118.30 (1) participate in the patient registry reporting system under the guidance and supervision | |
| 3868 | - | 118.31of the Division of Medical Cannabis; | |
| 3869 | - | 118Article 1 Sec. 56. | |
| 3870 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 119.1 (2) report to the Division of Medical Cannabis patient health records throughout the | |
| 3871 | - | 119.2patient's ongoing treatment in a manner determined by the office and in accordance with | |
| 3872 | - | 119.3subdivision 4; | |
| 3873 | - | 119.4 (3) determine on a yearly basis if the patient continues to have a qualifying medical | |
| 3874 | - | 119.5condition and, if so, issue the patient a new certification of that diagnosis. The patient | |
| 3875 | - | 119.6assessment conducted under this clause may be conducted via telehealth, as defined in | |
| 3876 | - | 119.7section 62A.673, subdivision 2; and | |
| 3877 | - | 119.8 (4) otherwise comply with requirements established by the Office of Cannabis | |
| 3878 | - | 119.9Management and the Division of Medical Cannabis. | |
| 3879 | - | 119.10 Subd. 3.Participation not required.Nothing in this section requires a health care | |
| 3880 | - | 119.11practitioner to participate in the registry program. | |
| 3881 | - | 119.12 Subd. 4.Data.Data on patients collected by a health care practitioner and reported to | |
| 3882 | - | 119.13the registry program, including data on patients who are veterans who receive care from | |
| 3883 | - | 119.14the United States Department of Veterans Affairs, are health records under section 144.291 | |
| 3884 | - | 119.15and are private data on individuals under section 13.02 but may be used or reported in an | |
| 3885 | - | 119.16aggregated nonidentifiable form as part of a scientific peer-reviewed publication of research | |
| 3886 | - | 119.17conducted under section 342.54 or in the creation of summary data, as defined in section | |
| 3887 | - | 119.1813.02, subdivision 19. | |
| 3888 | - | 119.19 Subd. 5.Exception.The requirements of this section do not apply to a patient who is a | |
| 3889 | - | 119.20veteran who receives care from the United States Department of Veterans Affairs or a health | |
| 3890 | - | 119.21care practitioner employed by the United States Department of Veterans Affairs. Such a | |
| 3891 | - | 119.22patient must meet the certification requirements developed pursuant to section 342.52, | |
| 3892 | - | 119.23subdivision 3, before the patient's enrollment in the registry program. | |
| 3893 | - | 119.24 EFFECTIVE DATE.This section is effective March 1, 2025. | |
| 3894 | - | 119.25Sec. 57. [342.56] LIMITATIONS. | |
| 3895 | - | 119.26 Subdivision 1.Limitations on consumption; locations of consumption.(a) Nothing | |
| 3896 | - | 119.27in sections 342.47 to 342.60 permits any person to engage in, and does not prevent the | |
| 3897 | - | 119.28imposition of any civil, criminal, or other penalties for: | |
| 3898 | - | 119.29 (1) undertaking a task under the influence of medical cannabis flower or medical | |
| 3899 | - | 119.30cannabinoid products that would constitute negligence or professional malpractice; | |
| 3900 | - | 119.31 (2) possessing or consuming medical cannabis flower or medical cannabinoid products: | |
| 3901 | - | 119.32 (i) on a school bus or van; | |
| 3902 | - | 119Article 1 Sec. 57. | |
| 3903 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 120.1 (ii) in a correctional facility; | |
| 3904 | - | 120.2 (iii) in a state-operated treatment program, including the Minnesota sex offender program; | |
| 3905 | - | 120.3or | |
| 3906 | - | 120.4 (iv) on the grounds of a child care facility or family or group family day care program; | |
| 3907 | - | 120.5 (3) vaporizing or smoking medical cannabis: | |
| 3908 | - | 120.6 (i) on any form of public transportation; | |
| 3909 | - | 120.7 (ii) where the vapor would be inhaled by a nonpatient minor or where the smoke would | |
| 3910 | - | 120.8be inhaled by a minor; or | |
| 3911 | - | 120.9 (iii) in any public place, including any indoor or outdoor area used by or open to the | |
| 3912 | - | 120.10general public or a place of employment, as defined in section 144.413, subdivision 1b; and | |
| 3913 | - | 120.11 (4) operating, navigating, or being in actual physical control of a motor vehicle, aircraft, | |
| 3914 | - | 120.12train, or motorboat or working on transportation property, equipment, or facilities while | |
| 3915 | - | 120.13under the influence of medical cannabis flower or a medical cannabinoid product. | |
| 3916 | - | 120.14 (b) Except for the use of medical cannabis flower or medical cannabinoid products, the | |
| 3917 | - | 120.15vaporizing or smoking of cannabis flower, cannabis products, artificially derived | |
| 3918 | - | 120.16cannabinoids, or hemp-derived consumer products is prohibited in a multifamily housing | |
| 3919 | - | 120.17building, including balconies and patios appurtenant thereto. A violation of this paragraph | |
| 3920 | - | 120.18is punishable through a civil administrative fine in an amount of $250. | |
| 3921 | - | 120.19 Subd. 2.Health care facilities.(a) Health care facilities licensed under chapter 144A; | |
| 3922 | - | 120.20hospice providers licensed under chapter 144A; boarding care homes or supervised living | |
| 3923 | - | 120.21facilities licensed under section 144.50; assisted living facilities under chapter 144G; facilities | |
| 3924 | - | 120.22owned, controlled, managed, or under common control with hospitals licensed under chapter | |
| 3925 | - | 120.23144; and other health care facilities licensed by the commissioner of health or the | |
| 3926 | - | 120.24commissioner of human services may adopt reasonable restrictions on the use of medical | |
| 3927 | - | 120.25cannabis flower or medical cannabinoid products by a patient enrolled in the registry program | |
| 3928 | - | 120.26who resides at or is actively receiving treatment or care at the facility. The restrictions may | |
| 3929 | - | 120.27include a provision that the facility must not store or maintain a patient's supply of medical | |
| 3930 | - | 120.28cannabis flower or medical cannabinoid products on behalf of the patient; that a patient | |
| 3931 | - | 120.29store the patient's supply of medical cannabis flower or medicinal cannabinoid products in | |
| 3932 | - | 120.30a locked container accessible only to the patient, the patient's designated caregiver, or the | |
| 3933 | - | 120.31patient's parent, legal guardian, or spouse; that the facility is not responsible for providing | |
| 3934 | - | 120.32medical cannabis for patients; and that medical cannabis flower or medical cannabinoid | |
| 3935 | - | 120.33products are used only in a location specified by the facility or provider. Nothing in this | |
| 3936 | - | 120Article 1 Sec. 57. | |
| 3937 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 121.1subdivision requires facilities and providers listed in this subdivision to adopt such | |
| 3938 | - | 121.2restrictions. | |
| 3939 | - | 121.3 (b) No facility or provider listed in this subdivision may unreasonably limit a patient's | |
| 3940 | - | 121.4access to or use of medical cannabis flower or medical cannabinoid products to the extent | |
| 3941 | - | 121.5that such use is authorized under sections 342.47 to 342.59. No facility or provider listed | |
| 3942 | - | 121.6in this subdivision may prohibit a patient access to or use of medical cannabis flower or | |
| 3943 | - | 121.7medical cannabinoid products due solely to the fact that cannabis is a Schedule I drug | |
| 3944 | - | 121.8pursuant to the federal Uniform Controlled Substances Act. If a federal regulatory agency, | |
| 3945 | - | 121.9the United States Department of Justice, or the federal Centers for Medicare and Medicaid | |
| 3946 | - | 121.10Services takes one of the following actions, a facility or provider may suspend compliance | |
| 3947 | - | 121.11with this paragraph until the regulatory agency, the United States Department of Justice, or | |
| 3948 | - | 121.12the federal Centers for Medicare and Medicaid Services notifies the facility or provider that | |
| 3949 | - | 121.13it may resume permitting the use of medical cannabis flower or medical cannabinoid products | |
| 3950 | - | 121.14within the facility or in the provider's service setting: | |
| 3951 | - | 121.15 (1) a federal regulatory agency or the United States Department of Justice initiates | |
| 3952 | - | 121.16enforcement action against a facility or provider related to the facility's compliance with | |
| 3953 | - | 121.17the medical cannabis program; or | |
| 3954 | - | 121.18 (2) a federal regulatory agency, the United States Department of Justice, or the federal | |
| 3955 | - | 121.19Centers for Medicare and Medicaid Services issues a rule or otherwise provides notification | |
| 3956 | - | 121.20to the facility or provider that expressly prohibits the use of medical cannabis in health care | |
| 3957 | - | 121.21facilities or otherwise prohibits compliance with the medical cannabis program. | |
| 3958 | - | 121.22 (c) An employee or agent of a facility or provider listed in this subdivision or a person | |
| 3959 | - | 121.23licensed under chapter 144E is not violating this chapter or chapter 152 for the possession | |
| 3960 | - | 121.24of medical cannabis flower or medical cannabinoid products while carrying out employment | |
| 3961 | - | 121.25duties, including providing or supervising care to a patient enrolled in the registry program, | |
| 3962 | - | 121.26or distribution of medical cannabis flower or medical cannabinoid products to a patient | |
| 3963 | - | 121.27enrolled in the registry program who resides at or is actively receiving treatment or care at | |
| 3964 | - | 121.28the facility or from the provider with which the employee or agent is affiliated. | |
| 3965 | - | 121.29 Subd. 3.Child care facilities.A proprietor of a family or group family day care program | |
| 3966 | - | 121.30must disclose to parents or guardians of children cared for on the premises of the family or | |
| 3967 | - | 121.31group family day care program, if the proprietor permits the smoking or use of medical | |
| 3968 | - | 121.32cannabis on the premises, outside of its hours of operation. Disclosure must include posting | |
| 3969 | - | 121.33on the premises a conspicuous written notice and orally informing parents or guardians. | |
| 3970 | - | 121.34 EFFECTIVE DATE.This section is effective March 1, 2025. | |
| 3971 | - | 121Article 1 Sec. 57. | |
| 3972 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 122.1Sec. 58. [342.57] PROTECTIONS FOR REGISTRY PROGRAM PARTICIPANTS. | |
| 3973 | - | 122.2 Subdivision 1.Presumption.There is a presumption that a patient enrolled in the registry | |
| 3974 | - | 122.3program is engaged in the authorized use of medical cannabis flower and medical cannabinoid | |
| 3975 | - | 122.4products. This presumption may be rebutted by evidence that the patient's use of medical | |
| 3976 | - | 122.5cannabis flower or medical cannabinoid products was not for the purpose of treating or | |
| 3977 | - | 122.6alleviating the patient's qualifying medical condition or symptoms associated with the | |
| 3978 | - | 122.7patient's qualifying medical condition. | |
| 3979 | - | 122.8 Subd. 2.Criminal and civil protections.(a) Subject to section 342.56, the following | |
| 3980 | - | 122.9are not violations of this chapter or chapter 152: | |
| 3981 | - | 122.10 (1) use or possession of medical cannabis flower, medical cannabinoid products, or | |
| 3982 | - | 122.11medical cannabis paraphernalia by a patient enrolled in the registry program or by a visiting | |
| 3983 | - | 122.12patient to whom medical cannabis flower or medical cannabinoid products are distributed | |
| 3984 | - | 122.13under section 342.51, subdivision 5; | |
| 3985 | - | 122.14 (2) possession of medical cannabis flower, medical cannabinoid products, or medical | |
| 3986 | - | 122.15cannabis paraphernalia by a registered designated caregiver or a parent, legal guardian, or | |
| 3987 | - | 122.16spouse of a patient enrolled in the registry program; or | |
| 3988 | - | 122.17 (3) possession of medical cannabis flower, medical cannabinoid products, or medical | |
| 3989 | - | 122.18cannabis paraphernalia by any person while carrying out duties required under sections | |
| 3990 | - | 122.19342.47 to 342.60. | |
| 3991 | - | 122.20 (b) The Office of Cannabis Management, members of the Cannabis Advisory Council, | |
| 3992 | - | 122.21Office of Cannabis Management employees, agents or contractors of the Office of Cannabis | |
| 3993 | - | 122.22Management, and health care practitioners participating in the registry program are not | |
| 3994 | - | 122.23subject to any civil penalties or disciplinary action by the Board of Medical Practice, the | |
| 3995 | - | 122.24Board of Nursing, or any business, occupational, or professional licensing board or entity | |
| 3996 | - | 122.25solely for participating in the registry program either in a professional capacity or as a | |
| 3997 | - | 122.26patient. A pharmacist licensed under chapter 151 is not subject to any civil penalties or | |
| 3998 | - | 122.27disciplinary action by the Board of Pharmacy when acting in accordance with sections | |
| 3999 | - | 122.28342.47 to 342.60 either in a professional capacity or as a patient. Nothing in this section | |
| 4000 | - | 122.29prohibits a professional licensing board from taking action in response to a violation of law. | |
| 4001 | - | 122.30 (c) Notwithstanding any law to the contrary, a Cannabis Advisory Council member, the | |
| 4002 | - | 122.31governor, or an employee of a state agency must not be held civilly or criminally liable for | |
| 4003 | - | 122.32any injury, loss of property, personal injury, or death caused by any act or omission while | |
| 4004 | - | 122.33acting within the scope of office or employment under sections 342.47 to 342.60. | |
| 4005 | - | 122Article 1 Sec. 58. | |
| 4006 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 123.1 (d) Federal, state, and local law enforcement authorities are prohibited from accessing | |
| 4007 | - | 123.2the registry except when acting pursuant to a valid search warrant. Notwithstanding section | |
| 4008 | - | 123.313.09, a violation of this paragraph is a gross misdemeanor. | |
| 4009 | - | 123.4 (e) Notwithstanding any law to the contrary, the office and employees of the office must | |
| 4010 | - | 123.5not release data or information about an individual contained in any report or document or | |
| 4011 | - | 123.6in the registry and must not release data or information obtained about a patient enrolled in | |
| 4012 | - | 123.7the registry program, except as provided in sections 342.47 to 342.60. Notwithstanding | |
| 4013 | - | 123.8section 13.09, a violation of this paragraph is a gross misdemeanor. | |
| 4014 | - | 123.9 (f) No information contained in a report or document, contained in the registry, or | |
| 4015 | - | 123.10obtained from a patient under sections 342.47 to 342.60 may be admitted as evidence in a | |
| 4016 | - | 123.11criminal proceeding, unless: | |
| 4017 | - | 123.12 (1) the information is independently obtained; or | |
| 4018 | - | 123.13 (2) admission of the information is sought in a criminal proceeding involving a criminal | |
| 4019 | - | 123.14violation of sections 342.47 to 342.60. | |
| 4020 | - | 123.15 (g) Possession of a registry verification or an application for enrollment in the registry | |
| 4021 | - | 123.16program: | |
| 4022 | - | 123.17 (1) does not constitute probable cause or reasonable suspicion; | |
| 4023 | - | 123.18 (2) must not be used to support a search of the person or property of the person with a | |
| 4024 | - | 123.19registry verification or application to enroll in the registry program; and | |
| 4025 | - | 123.20 (3) must not subject the person or the property of the person to inspection by any | |
| 4026 | - | 123.21government agency. | |
| 4027 | - | 123.22 Subd. 3.School enrollment; rental property.(a) No school may refuse to enroll a | |
| 4028 | - | 123.23patient as a pupil or otherwise penalize a patient solely because the patient is enrolled in | |
| 4029 | - | 123.24the registry program, unless failing to do so would violate federal law or regulations or | |
| 4030 | - | 123.25cause the school to lose a monetary or licensing-related benefit under federal law or | |
| 4031 | - | 123.26regulations. | |
| 4032 | - | 123.27 (b) No landlord may refuse to lease to a patient or otherwise penalize a patient solely | |
| 4033 | - | 123.28because the patient is enrolled in the registry program, unless failing to do so would violate | |
| 4034 | - | 123.29federal law or regulations or cause the landlord to lose a monetary or licensing-related | |
| 4035 | - | 123.30benefit under federal law or regulations. | |
| 4036 | - | 123.31 Subd. 4.Medical care.For purposes of medical care, including organ transplants, a | |
| 4037 | - | 123.32patient's use of medical cannabis flower or medical cannabinoid products according to | |
| 4038 | - | 123Article 1 Sec. 58. | |
| 4039 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 124.1sections 342.47 to 342.60 is considered the equivalent of the authorized use of a medication | |
| 4040 | - | 124.2used at the discretion of a health care practitioner and does not disqualify a patient from | |
| 4041 | - | 124.3needed medical care. | |
| 4042 | - | 124.4 Subd. 5.Employment.(a) Unless a failure to do so would violate federal or state law | |
| 4043 | - | 124.5or regulations or cause an employer to lose a monetary or licensing-related benefit under | |
| 4044 | - | 124.6federal law or regulations, an employer may not discriminate against a person in hiring, | |
| 4045 | - | 124.7termination, or any term or condition of employment, or otherwise penalize a person, if the | |
| 4046 | - | 124.8discrimination is based on: | |
| 4047 | - | 124.9 (1) the person's status as a patient enrolled in the registry program; or | |
| 4048 | - | 124.10 (2) a patient's positive drug test for cannabis components or metabolites, unless the | |
| 4049 | - | 124.11patient used, possessed, sold, transported, or was impaired by medical cannabis flower or | |
| 4050 | - | 124.12a medical cannabinoid product on work premises, during working hours, or while operating | |
| 4051 | - | 124.13an employer's machinery, vehicle, or equipment. | |
| 4052 | - | 124.14 (b) An employee who is a patient and whose employer requires the employee to undergo | |
| 4053 | - | 124.15drug testing according to section 181.953 may present the employee's registry verification | |
| 4054 | - | 124.16as part of the employee's explanation under section 181.953, subdivision 6. | |
| 4055 | - | 124.17 Subd. 6.Custody; visitation; parenting time.A person must not be denied custody of | |
| 4056 | - | 124.18a minor child or visitation rights or parenting time with a minor child based solely on the | |
| 4057 | - | 124.19person's status as a patient enrolled in the registry program. There must be no presumption | |
| 4058 | - | 124.20of neglect or child endangerment for conduct allowed under sections 342.47 to 342.60, | |
| 4059 | - | 124.21unless the person's behavior creates an unreasonable danger to the safety of the minor as | |
| 4060 | - | 124.22established by clear and convincing evidence. | |
| 4061 | - | 124.23 Subd. 7.Action for damages.In addition to any other remedy provided by law, a patient | |
| 4062 | - | 124.24may bring an action for damages against any person who violates subdivision 3, 4, or 5. A | |
| 4063 | - | 124.25person who violates subdivision 3, 4, or 5 is liable to a patient injured by the violation for | |
| 4064 | - | 124.26the greater of the person's actual damages or a civil penalty of $100 and reasonable attorney | |
| 4065 | - | 124.27fees. | |
| 4066 | - | 124.28 Subd. 8.Sanctions restricted for those on parole, supervised release, or conditional | |
| 4067 | - | 124.29release.(a) This subdivision applies to an individual placed on parole, supervised release, | |
| 4068 | - | 124.30or conditional release. | |
| 4069 | - | 124.31 (b) The commissioner of corrections may not: | |
| 4070 | - | 124.32 (1) prohibit an individual from participating in the registry program as a condition of | |
| 4071 | - | 124.33release; or | |
| 4072 | - | 124Article 1 Sec. 58. | |
| 4073 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 125.1 (2) revoke an individual's parole, supervised release, or conditional release or otherwise | |
| 4074 | - | 125.2sanction an individual solely: | |
| 4075 | - | 125.3 (i) for participating in the registry program; or | |
| 4076 | - | 125.4 (ii) for a positive drug test for cannabis components or metabolites. | |
| 4077 | - | 125.5 EFFECTIVE DATE.This section is effective March 1, 2025. | |
| 4078 | - | 125.6Sec. 59. [342.58] VIOLATION BY HEALTH CARE PRACTITIONER; CRIMINAL | |
| 4079 | - | 125.7PENALTY. | |
| 4080 | - | 125.8 A health care practitioner who knowingly refers patients to a medical cannabis business | |
| 4081 | - | 125.9or to a designated caregiver, who advertises as a retailer or producer of medical cannabis | |
| 4082 | - | 125.10flower or medical cannabinoid products, or who issues certifications while holding a financial | |
| 4083 | - | 125.11interest in a cannabis retailer or medical cannabis business is guilty of a misdemeanor and | |
| 4084 | - | 125.12may be sentenced to imprisonment for not more than 90 days or to payment of not more | |
| 4085 | - | 125.13than $1,000, or both. | |
| 4086 | - | 125.14 EFFECTIVE DATE.This section is effective March 1, 2025. | |
| 4087 | - | 125.15Sec. 60. [342.59] DATA PRACTICES. | |
| 4088 | - | 125.16 Subdivision 1.Data classification.Patient health records maintained by the Office of | |
| 4089 | - | 125.17Cannabis Management or the Division of Medical Cannabis and government data in patient | |
| 4090 | - | 125.18health records maintained by a health care practitioner are classified as private data on | |
| 4091 | - | 125.19individuals, as defined in section 13.02, subdivision 12, or nonpublic data, as defined in | |
| 4092 | - | 125.20section 13.02, subdivision 9. | |
| 4093 | - | 125.21 Subd. 2.Allowable use; prohibited use.Data specified in subdivision 1 may be used | |
| 4094 | - | 125.22to comply with chapter 13, to comply with a request from the legislative auditor or the state | |
| 4095 | - | 125.23auditor in the performance of official duties, and for purposes specified in sections 342.47 | |
| 4096 | - | 125.24to 342.60. Data specified in subdivision 1 and maintained by the Office of Cannabis | |
| 4097 | - | 125.25Management or Division of Medical Cannabis must not be used for any purpose not specified | |
| 4098 | - | 125.26in sections 342.47 to 342.60 and must not be combined or linked in any manner with any | |
| 4099 | - | 125.27other list, dataset, or database. Data specified in subdivision 1 must not be shared with any | |
| 4100 | - | 125.28federal agency, federal department, or federal entity unless specifically ordered to do so by | |
| 4101 | - | 125.29a state or federal court. | |
| 4102 | - | 125.30 EFFECTIVE DATE.This section is effective March 1, 2025. | |
| 4103 | - | 125Article 1 Sec. 60. | |
| 4104 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 126.1Sec. 61. [342.60] APPLIED RESEARCH. | |
| 4105 | - | 126.2 The Division of Medical Cannabis may conduct, or award grants to health care providers | |
| 4106 | - | 126.3or research organizations to conduct, applied research on the safety and efficacy of using | |
| 4107 | - | 126.4medical cannabis flower or medical cannabinoid products to treat a specific health condition. | |
| 4108 | - | 126.5A health care provider or research organization receiving a grant under this section must | |
| 4109 | - | 126.6provide the office with access to all data collected in applied research funded under this | |
| 4110 | - | 126.7section. The office may use data from applied research conducted or funded under this | |
| 4111 | - | 126.8section as evidence to approve additional qualifying medical conditions or additional | |
| 4112 | - | 126.9allowable forms of medical cannabis. | |
| 4113 | - | 126.10 EFFECTIVE DATE.This section is effective March 1, 2025. | |
| 4114 | - | 126.11Sec. 62. [342.61] TESTING. | |
| 4115 | - | 126.12 Subdivision 1.Testing required.Cannabis businesses and hemp businesses shall not | |
| 4116 | - | 126.13sell or offer for sale cannabis flower, cannabis products, artificially derived cannabinoids, | |
| 4117 | - | 126.14lower-potency hemp edibles, or hemp-derived consumer products to another cannabis | |
| 4118 | - | 126.15business or hemp business, or to a customer or patient, or otherwise transfer cannabis flower, | |
| 4119 | - | 126.16cannabis products, artificially derived cannabinoids, lower-potency hemp edibles, or | |
| 4120 | - | 126.17hemp-derived consumer products to another cannabis business or hemp business, unless: | |
| 4121 | - | 126.18 (1) a representative sample of the batch of cannabis flower, cannabis products, artificially | |
| 4122 | - | 126.19derived cannabinoids, lower-potency hemp edibles, or hemp-derived consumer products | |
| 4123 | - | 126.20has been tested according to this section and rules adopted under this chapter; | |
| 4124 | - | 126.21 (2) the testing was completed by a cannabis testing facility licensed under this chapter; | |
| 4125 | - | 126.22and | |
| 4126 | - | 126.23 (3) the tested sample of cannabis flower, cannabis products, artificially derived | |
| 4127 | - | 126.24cannabinoids, lower-potency hemp edibles, or hemp-derived consumer products was found | |
| 4128 | - | 126.25to meet testing standards established by the office. | |
| 4129 | - | 126.26 Subd. 2.Procedures and standards established by office.(a) The office shall by rule | |
| 4130 | - | 126.27establish procedures governing the sampling, handling, testing, storage, and transportation | |
| 4131 | - | 126.28of cannabis flower, cannabis products, artificially derived cannabinoids, lower-potency | |
| 4132 | - | 126.29hemp edibles, or hemp-derived consumer products tested under this section; the contaminants | |
| 4133 | - | 126.30for which cannabis flower, cannabis products, artificially derived cannabinoids, | |
| 4134 | - | 126.31lower-potency hemp edibles, or hemp-derived consumer products must be tested; standards | |
| 4135 | - | 126.32for potency and homogeneity testing; and procedures applicable to cannabis businesses, | |
| 4136 | - | 126.33hemp businesses, and cannabis testing facilities regarding cannabis flower, cannabis products, | |
| 4137 | - | 126Article 1 Sec. 62. | |
| 4138 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 127.1artificially derived cannabinoids, lower-potency hemp edibles, or hemp-derived consumer | |
| 4139 | - | 127.2products that fail to meet the standards for allowable levels of contaminants established by | |
| 4140 | - | 127.3the office, that fail to meet the potency limits in this chapter, or that do not conform with | |
| 4141 | - | 127.4the content of the cannabinoid profile listed on the label. | |
| 4142 | - | 127.5 (b) All testing required under this section must be performed in a manner that is consistent | |
| 4143 | - | 127.6with general requirements for testing and calibration activities. | |
| 4144 | - | 127.7 Subd. 3.Standards established by Office of Cannabis Management.The office shall | |
| 4145 | - | 127.8by rule establish standards for allowable levels of contaminants in cannabis flower, cannabis | |
| 4146 | - | 127.9products, artificially derived cannabinoids, lower-potency hemp edibles, or hemp-derived | |
| 4147 | - | 127.10consumer products, and growing media. Contaminants for which the office must establish | |
| 4148 | - | 127.11allowable levels must include but are not limited to residual solvents, foreign material, | |
| 4149 | - | 127.12microbiological contaminants, heavy metals, pesticide residue, and mycotoxins. | |
| 4150 | - | 127.13 Subd. 4.Testing of samples; disclosures.(a) On a schedule determined by the office, | |
| 4151 | - | 127.14every cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis | |
| 4152 | - | 127.15manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency | |
| 4153 | - | 127.16hemp edible manufacturer, medical cannabis cultivator, medical cannabis processor, or | |
| 4154 | - | 127.17medical cannabis combination business shall make each batch of cannabis flower, cannabis | |
| 4155 | - | 127.18products, artificially derived cannabinoids, lower-potency hemp edibles, or hemp-derived | |
| 4156 | - | 127.19consumer products grown, manufactured, or imported by the cannabis business or hemp | |
| 4157 | - | 127.20business available to a cannabis testing facility. | |
| 4158 | - | 127.21 (b) A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis | |
| 4159 | - | 127.22manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency | |
| 4160 | - | 127.23hemp edible manufacturer, medical cannabis cultivator, medical cannabis processor, or | |
| 4161 | - | 127.24medical cannabis combination business must disclose all known information regarding | |
| 4162 | - | 127.25pesticides, fertilizers, solvents, or other foreign materials, including but not limited to | |
| 4163 | - | 127.26catalysts used in creating artificially derived cannabinoids, applied or added to the batch of | |
| 4164 | - | 127.27cannabis flower, cannabis products, artificially derived cannabinoids, lower-potency hemp | |
| 4165 | - | 127.28edibles, or hemp-derived consumer products subject to testing. Disclosure must be made | |
| 4166 | - | 127.29to the cannabis testing facility and must include information about all applications by any | |
| 4167 | - | 127.30person, whether intentional or accidental. | |
| 4168 | - | 127.31 (c) The cannabis testing facility shall select one or more representative samples from | |
| 4169 | - | 127.32each batch, test the samples for the presence of contaminants, and test the samples for | |
| 4170 | - | 127.33potency and homogeneity and to allow the cannabis flower, cannabis product, artificially | |
| 4171 | - | 127.34derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product to be | |
| 4172 | - | 127Article 1 Sec. 62. | |
| 4173 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 128.1accurately labeled with its cannabinoid profile. Testing for contaminants must include testing | |
| 4174 | - | 128.2for residual solvents, foreign material, microbiological contaminants, heavy metals, pesticide | |
| 4175 | - | 128.3residue, mycotoxins, and any items identified pursuant to paragraph (b), and may include | |
| 4176 | - | 128.4testing for other contaminants. A cannabis testing facility must destroy or return to the | |
| 4177 | - | 128.5cannabis business or hemp business any part of the sample that remains after testing. | |
| 4178 | - | 128.6 Subd. 5.Test results.(a) If a sample meets the applicable testing standards, a cannabis | |
| 4179 | - | 128.7testing facility shall issue a certification to a cannabis microbusiness, cannabis | |
| 4180 | - | 128.8mezzobusiness, cannabis cultivator, cannabis manufacturer, cannabis wholesaler with an | |
| 4181 | - | 128.9endorsement to import products, lower-potency hemp edible manufacturer, medical cannabis | |
| 4182 | - | 128.10cultivator, medical cannabis processor, or medical cannabis combination business and the | |
| 4183 | - | 128.11cannabis business or hemp business may then sell or transfer the batch of cannabis flower, | |
| 4184 | - | 128.12cannabis products, artificially derived cannabinoids, lower-potency hemp edibles, or | |
| 4185 | - | 128.13hemp-derived consumer products from which the sample was taken to another cannabis | |
| 4186 | - | 128.14business or hemp business, or offer the cannabis flower, cannabis products, lower-potency | |
| 4187 | - | 128.15hemp edibles, or hemp-derived consumer products for sale to customers or patients. If a | |
| 4188 | - | 128.16sample does not meet the applicable testing standards or if the testing facility is unable to | |
| 4189 | - | 128.17test for a substance identified pursuant to subdivision 4, paragraph (b), the batch from which | |
| 4190 | - | 128.18the sample was taken shall be subject to procedures established by the office for such batches, | |
| 4191 | - | 128.19including destruction, remediation, or retesting. | |
| 4192 | - | 128.20 (b) A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis | |
| 4193 | - | 128.21manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency | |
| 4194 | - | 128.22hemp edible manufacturer, medical cannabis cultivator, medical cannabis processor, or | |
| 4195 | - | 128.23medical cannabis combination business must maintain the test results for cannabis flower, | |
| 4196 | - | 128.24cannabis products, artificially derived cannabinoids, lower-potency hemp edibles, or | |
| 4197 | - | 128.25hemp-derived consumer products grown, manufactured, or imported by that cannabis | |
| 4198 | - | 128.26business or hemp business for at least five years after the date of testing. | |
| 4199 | - | 128.27 (c) A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis | |
| 4200 | - | 128.28manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency | |
| 4201 | - | 128.29hemp edible manufacturer, medical cannabis cultivator, medical cannabis processor, or | |
| 4202 | - | 128.30medical cannabis combination business shall make test results maintained by that cannabis | |
| 4203 | - | 128.31business or hemp business available for review by any member of the public, upon request. | |
| 4204 | - | 128.32Test results made available to the public must be in plain language. | |
| 4205 | - | 128Article 1 Sec. 62. | |
| 4206 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 129.1Sec. 63. [342.62] PACKAGING. | |
| 4207 | - | 129.2 Subdivision 1.General.All cannabis flower, cannabis products, lower-potency hemp | |
| 4208 | - | 129.3edibles, and hemp-derived consumer products sold to customers or patients must be packaged | |
| 4209 | - | 129.4as required by this section and rules adopted under this chapter. | |
| 4210 | - | 129.5 Subd. 2.Packaging requirements.(a) Except as provided in paragraph (b), all cannabis | |
| 4211 | - | 129.6flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products | |
| 4212 | - | 129.7sold to customers or patients must be: | |
| 4213 | - | 129.8 (1) prepackaged in packaging or a container that is child-resistant, tamper-evident, and | |
| 4214 | - | 129.9opaque; or | |
| 4215 | - | 129.10 (2) placed in packaging or a container that is plain, child-resistant, tamper-evident, and | |
| 4216 | - | 129.11opaque at the final point of sale to a customer. | |
| 4217 | - | 129.12 (b) The requirement that packaging be child-resistant does not apply to a lower-potency | |
| 4218 | - | 129.13hemp edible that is intended to be consumed as a beverage. | |
| 4219 | - | 129.14 (c) If a cannabis product, lower-potency hemp edible, or a hemp-derived consumer | |
| 4220 | - | 129.15product is packaged in a manner that includes more than a single serving, each serving must | |
| 4221 | - | 129.16be indicated by scoring, wrapping, or other indicators designating the individual serving | |
| 4222 | - | 129.17size. If the item is a lower-potency hemp edible, serving indicators must meet the | |
| 4223 | - | 129.18requirements of section 342.46, subdivision 6, paragraph (b). | |
| 4224 | - | 129.19 (d) Edible cannabis products and lower-potency hemp edibles containing more than a | |
| 4225 | - | 129.20single serving must be prepackaged or placed at the final point of sale in packaging or a | |
| 4226 | - | 129.21container that is resealable. | |
| 4227 | - | 129.22 Subd. 3.Packaging prohibitions.(a) Cannabis flower, cannabis products, lower-potency | |
| 4228 | - | 129.23hemp edibles, or hemp-derived consumer products sold to customers or patients must not | |
| 4229 | - | 129.24be packaged in a manner that: | |
| 4230 | - | 129.25 (1) bears a reasonable resemblance to any commercially available product that does not | |
| 4231 | - | 129.26contain cannabinoids, whether the manufacturer of the product holds a registered trademark | |
| 4232 | - | 129.27or has registered the trade dress; or | |
| 4233 | - | 129.28 (2) is designed to appeal to persons under 21 years of age. | |
| 4234 | - | 129.29 (b) Packaging for cannabis flower, cannabis products, lower-potency hemp edibles, and | |
| 4235 | - | 129.30hemp-derived consumer products must not contain or be coated with any perfluoroalkyl | |
| 4236 | - | 129.31substance. | |
| 4237 | - | 129Article 1 Sec. 63. | |
| 4238 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 130.1 (c) Edible cannabis products and lower-potency hemp edibles must not be packaged in | |
| 4239 | - | 130.2a material that is not approved by the United States Food and Drug Administration for use | |
| 4240 | - | 130.3in packaging food. | |
| 4241 | - | 130.4Sec. 64. [342.63] LABELING. | |
| 4242 | - | 130.5 Subdivision 1.General.All cannabis flower, cannabis products, lower-potency hemp | |
| 4243 | - | 130.6edibles, and hemp-derived consumer products sold to customers or patients must be labeled | |
| 4244 | - | 130.7as required by this section and rules adopted under this chapter. | |
| 4245 | - | 130.8 Subd. 2.Content of label; cannabis.All cannabis flower and hemp-derived consumer | |
| 4246 | - | 130.9products that consist of hemp plant parts sold to customers or patients must have affixed | |
| 4247 | - | 130.10on the packaging or container of the cannabis flower or hemp-derived consumer product a | |
| 4248 | - | 130.11label that contains at least the following information: | |
| 4249 | - | 130.12 (1) the name and license number of the cannabis microbusiness, cannabis mezzobusiness, | |
| 4250 | - | 130.13cannabis cultivator, medical cannabis cultivator, or industrial hemp grower where the | |
| 4251 | - | 130.14cannabis flower or hemp plant part was cultivated; | |
| 4252 | - | 130.15 (2) the net weight or volume of cannabis flower or hemp plant parts in the package or | |
| 4253 | - | 130.16container; | |
| 4254 | - | 130.17 (3) the batch number; | |
| 4255 | - | 130.18 (4) the cannabinoid profile; | |
| 4256 | - | 130.19 (5) a universal symbol established by the office indicating that the package or container | |
| 4257 | - | 130.20contains cannabis flower, a cannabis product, a lower-potency hemp edible, or a | |
| 4258 | - | 130.21hemp-derived consumer product; | |
| 4259 | - | 130.22 (6) verification that the cannabis flower or hemp plant part was tested according to | |
| 4260 | - | 130.23section 342.61 and that the cannabis flower or hemp plant part complies with the applicable | |
| 4261 | - | 130.24standards; | |
| 4262 | - | 130.25 (7) the maximum dose, quantity, or consumption that may be considered medically safe | |
| 4263 | - | 130.26within a 24-hour period; | |
| 4264 | - | 130.27 (8) the following statement: "Keep this product out of reach of children."; and | |
| 4265 | - | 130.28 (9) any other statements or information required by the office. | |
| 4266 | - | 130.29 Subd. 3.Content of label; cannabinoid products.(a) All cannabis products, | |
| 4267 | - | 130.30lower-potency hemp edibles, hemp-derived consumer products other than products subject | |
| 4268 | - | 130.31to the requirements under subdivision 2, medical cannabinoid products, and hemp-derived | |
| 3623 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 111.1 Subd. 10.Parents, legal guardians, spouses.A parent, legal guardian, or spouse of a | |
| 3624 | + | 111.2patient may act as the caregiver for a patient. The parent, legal guardian, or spouse who is | |
| 3625 | + | 111.3acting as a caregiver must follow all requirements for parents, legal guardians, and spouses | |
| 3626 | + | 111.4under this chapter. Nothing in this section limits any legal authority that a parent, legal | |
| 3627 | + | 111.5guardian, or spouse may have for the patient under any other law. | |
| 3628 | + | 111.6 Subd. 11.Notice of change of name or address.Patients and registered designated | |
| 3629 | + | 111.7caregivers must notify the Division of Medical Cannabis of any address or name change | |
| 3630 | + | 111.8within 30 days of the change having occurred. A patient or registered designated caregiver | |
| 3631 | + | 111.9is subject to a $100 fine for failure to notify the office of the change. | |
| 3632 | + | 111.10 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3633 | + | 111.11Sec. 53. [342.53] DUTIES OF OFFICE OF CANNABIS MANAGEMENT; | |
| 3634 | + | 111.12REGISTRY PROGRAM. | |
| 3635 | + | 111.13 The office may add an allowable form of medical cannabinoid product, and may add or | |
| 3636 | + | 111.14modify a qualifying medical condition upon its own initiative, upon a petition from a member | |
| 3637 | + | 111.15of the public or from the Cannabis Advisory Council or as directed by law. The office must | |
| 3638 | + | 111.16evaluate all petitions and must make the addition or modification if the office determines | |
| 3639 | + | 111.17that the addition or modification is warranted by the best available evidence and research. | |
| 3640 | + | 111.18If the office wishes to add an allowable form or add or modify a qualifying medical condition, | |
| 3641 | + | 111.19the office must notify the chairs and ranking minority members of the legislative committees | |
| 3642 | + | 111.20and divisions with jurisdiction over health finance and policy by January 15 of the year in | |
| 3643 | + | 111.21which the change becomes effective. In this notification, the office must specify the proposed | |
| 3644 | + | 111.22addition or modification, the reasons for the addition or modification, any written comments | |
| 3645 | + | 111.23received by the office from the public about the addition or modification, and any guidance | |
| 3646 | + | 111.24received from the Cannabis Advisory Council. An addition or modification by the office | |
| 3647 | + | 111.25under this subdivision becomes effective on August 1 of that year unless the legislature by | |
| 3648 | + | 111.26law provides otherwise. | |
| 3649 | + | 111.27 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3650 | + | 111.28Sec. 54. [342.54] DUTIES OF DIVISION OF MEDICAL CANNABIS; REGISTRY | |
| 3651 | + | 111.29PROGRAM. | |
| 3652 | + | 111.30 Subdivision 1.Duties related to health care practitioners.The Division of Medical | |
| 3653 | + | 111.31Cannabis must: | |
| 3654 | + | 111.32 (1) provide notice of the registry program to health care practitioners in the state; | |
| 3655 | + | 111Article 1 Sec. 54. | |
| 3656 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 112.1 (2) allow health care practitioners to participate in the registry program if they request | |
| 3657 | + | 112.2to participate and meet the program's requirements; | |
| 3658 | + | 112.3 (3) provide explanatory information and assistance to health care practitioners to | |
| 3659 | + | 112.4understand the nature of the therapeutic use of medical cannabis flower and medical | |
| 3660 | + | 112.5cannabinoid products within program requirements; | |
| 3661 | + | 112.6 (4) make available to participating health care practitioners a certification form in which | |
| 3662 | + | 112.7a health care practitioner certifies that a patient has a qualifying medical condition; and | |
| 3663 | + | 112.8 (5) supervise the participation of health care practitioners in the registry reporting system | |
| 3664 | + | 112.9in which health care practitioners report patient treatment and health records information | |
| 3665 | + | 112.10to the office in a manner that ensures stringent security and record keeping requirements | |
| 3666 | + | 112.11and that prevents the unauthorized release of private data on individuals as defined in section | |
| 3667 | + | 112.1213.02. | |
| 3668 | + | 112.13 Subd. 2.Duties related to the registry program.The Division of Medical Cannabis | |
| 3669 | + | 112.14must: | |
| 3670 | + | 112.15 (1) administer the registry program according to section 342.52; | |
| 3671 | + | 112.16 (2) provide information to patients enrolled in the registry program on the existence of | |
| 3672 | + | 112.17federally approved clinical trials for the treatment of the patient's qualifying medical condition | |
| 3673 | + | 112.18with medical cannabis flower or medical cannabinoid products as an alternative to enrollment | |
| 3674 | + | 112.19in the registry program; | |
| 3675 | + | 112.20 (3) maintain safety criteria with which patients must comply as a condition of participation | |
| 3676 | + | 112.21in the registry program to prevent patients from undertaking any task under the influence | |
| 3677 | + | 112.22of medical cannabis flower or medical cannabinoid products that would constitute negligence | |
| 3678 | + | 112.23or professional malpractice; | |
| 3679 | + | 112.24 (4) review and publicly report on existing medical and scientific literature regarding the | |
| 3680 | + | 112.25range of recommended dosages for each qualifying medical condition, the range of chemical | |
| 3681 | + | 112.26compositions of medical cannabis flower and medical cannabinoid products that will likely | |
| 3682 | + | 112.27be medically beneficial for each qualifying medical condition, and any risks of noncannabis | |
| 3683 | + | 112.28drug interactions. This information must be updated by December 1 of each year. The office | |
| 3684 | + | 112.29may consult with an independent laboratory under contract with the office or other experts | |
| 3685 | + | 112.30in reporting and updating this information; and | |
| 3686 | + | 112.31 (5) annually consult with cannabis businesses about medical cannabis that the businesses | |
| 3687 | + | 112.32cultivate, manufacture, and offer for sale and post on the Division of Medical Cannabis | |
| 3688 | + | 112Article 1 Sec. 54. | |
| 3689 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 113.1website a list of the medical cannabis flower and medical cannabinoid products offered for | |
| 3690 | + | 113.2sale by each medical cannabis retailer. | |
| 3691 | + | 113.3 Subd. 3.Research.(a) The Division of Medical Cannabis must conduct or contract with | |
| 3692 | + | 113.4a third party to conduct research and studies using data from health records submitted to | |
| 3693 | + | 113.5the registry program under section 342.55, subdivision 2, and data submitted to the registry | |
| 3694 | + | 113.6program under section 342.52, subdivisions 2 and 3. If the division contracts with a third | |
| 3695 | + | 113.7party for research and studies, the third party must provide the division with access to all | |
| 3696 | + | 113.8research and study results. The division must submit reports on intermediate or final research | |
| 3697 | + | 113.9results to the legislature and major scientific journals. All data used by the division or a | |
| 3698 | + | 113.10third party under this subdivision must be used or reported in an aggregated nonidentifiable | |
| 3699 | + | 113.11form as part of a scientific peer-reviewed publication of research or in the creation of | |
| 3700 | + | 113.12summary data, as defined in section 13.02, subdivision 19. | |
| 3701 | + | 113.13 (b) The Division of Medical Cannabis may submit medical research based on the data | |
| 3702 | + | 113.14collected under sections 342.55, subdivision 2, and data collected through the statewide | |
| 3703 | + | 113.15monitoring system to any federal agency with regulatory or enforcement authority over | |
| 3704 | + | 113.16medical cannabis flower and medical cannabinoid products to demonstrate the effectiveness | |
| 3705 | + | 113.17of medical cannabis flower or medical cannabinoid products for treating or alleviating the | |
| 3706 | + | 113.18symptoms of a qualifying medical condition. | |
| 3707 | + | 113.19 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3708 | + | 113.20Sec. 55. [342.55] DUTIES OF HEALTH CARE PRACTITIONERS; REGISTRY | |
| 3709 | + | 113.21PROGRAM. | |
| 3710 | + | 113.22 Subdivision 1.Health care practitioner duties before patient enrollment.Before a | |
| 3711 | + | 113.23patient's enrollment in the registry program, a health care practitioner must: | |
| 3712 | + | 113.24 (1) determine, in the health care practitioner's medical judgment, whether a patient has | |
| 3713 | + | 113.25a qualifying medical condition and, if so determined, provide the patient with a certification | |
| 3714 | + | 113.26of that diagnosis; | |
| 3715 | + | 113.27 (2) advise patients, registered designated caregivers, and parents, legal guardians, and | |
| 3716 | + | 113.28spouses acting as caregivers of any nonprofit patient support groups or organizations; | |
| 3717 | + | 113.29 (3) provide to patients explanatory information from the Division of Medical Cannabis, | |
| 3718 | + | 113.30including information about the experimental nature of the therapeutic use of medical | |
| 3719 | + | 113.31cannabis flower and medical cannabinoid products; the possible risks, benefits, and side | |
| 3720 | + | 113.32effects of the proposed treatment; and the application and other materials from the office; | |
| 3721 | + | 113Article 1 Sec. 55. | |
| 3722 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 114.1 (4) provide to patients a Tennessen warning as required under section 13.04, subdivision | |
| 3723 | + | 114.22; and | |
| 3724 | + | 114.3 (5) agree to continue treatment of the patient's qualifying medical condition and to report | |
| 3725 | + | 114.4findings to the Division of Medical Cannabis. | |
| 3726 | + | 114.5 Subd. 2.Duties upon patient's enrollment in registry program.Upon receiving | |
| 3727 | + | 114.6notification from the Division of Medical Cannabis of the patient's enrollment in the registry | |
| 3728 | + | 114.7program, a health care practitioner must: | |
| 3729 | + | 114.8 (1) participate in the patient registry reporting system under the guidance and supervision | |
| 3730 | + | 114.9of the Division of Medical Cannabis; | |
| 3731 | + | 114.10 (2) report to the Division of Medical Cannabis patient health records throughout the | |
| 3732 | + | 114.11patient's ongoing treatment in a manner determined by the office and in accordance with | |
| 3733 | + | 114.12subdivision 4; | |
| 3734 | + | 114.13 (3) determine on a yearly basis if the patient continues to have a qualifying medical | |
| 3735 | + | 114.14condition and, if so, issue the patient a new certification of that diagnosis. The patient | |
| 3736 | + | 114.15assessment conducted under this clause may be conducted via telehealth, as defined in | |
| 3737 | + | 114.16section 62A.673, subdivision 2; and | |
| 3738 | + | 114.17 (4) otherwise comply with requirements established by the Office of Cannabis | |
| 3739 | + | 114.18Management and the Division of Medical Cannabis. | |
| 3740 | + | 114.19 Subd. 3.Participation not required.Nothing in this section requires a health care | |
| 3741 | + | 114.20practitioner to participate in the registry program. | |
| 3742 | + | 114.21 Subd. 4.Data.Data on patients collected by a health care practitioner and reported to | |
| 3743 | + | 114.22the registry program, including data on patients who are veterans who receive care from | |
| 3744 | + | 114.23the United States Department of Veterans Affairs, are health records under section 144.291 | |
| 3745 | + | 114.24and are private data on individuals under section 13.02 but may be used or reported in an | |
| 3746 | + | 114.25aggregated nonidentifiable form as part of a scientific peer-reviewed publication of research | |
| 3747 | + | 114.26conducted under section 342.54 or in the creation of summary data, as defined in section | |
| 3748 | + | 114.2713.02, subdivision 19. | |
| 3749 | + | 114.28 Subd. 5.Exception.The requirements of this section do not apply to a patient who is a | |
| 3750 | + | 114.29veteran who receives care from the United States Department of Veterans Affairs or a health | |
| 3751 | + | 114.30care practitioner employed by the United States Department of Veterans Affairs. Such a | |
| 3752 | + | 114.31patient must meet the certification requirements developed pursuant to section 342.52, | |
| 3753 | + | 114.32subdivision 3, before the patient's enrollment in the registry program. The Division of | |
| 3754 | + | 114.33Medical Cannabis may establish policies and procedures to obtain medical records and other | |
| 3755 | + | 114Article 1 Sec. 55. | |
| 3756 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 115.1relevant data from a health care practitioner employed by the United States Department of | |
| 3757 | + | 115.2Veterans Affairs, provided that those policies and procedures are consistent with this section. | |
| 3758 | + | 115.3 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3759 | + | 115.4Sec. 56. [342.56] LIMITATIONS. | |
| 3760 | + | 115.5 Subdivision 1.Limitations on consumption; locations of consumption.Nothing in | |
| 3761 | + | 115.6sections 342.47 to 342.60 permits any person to engage in, and does not prevent the | |
| 3762 | + | 115.7imposition of any civil, criminal, or other penalties for: | |
| 3763 | + | 115.8 (1) undertaking a task under the influence of medical cannabis flower or medical | |
| 3764 | + | 115.9cannabinoid products that would constitute negligence or professional malpractice; | |
| 3765 | + | 115.10 (2) possessing or consuming medical cannabis flower or medical cannabinoid products: | |
| 3766 | + | 115.11 (i) on a school bus or van; | |
| 3767 | + | 115.12 (ii) in a correctional facility; | |
| 3768 | + | 115.13 (iii) in a state-operated treatment program, including the Minnesota sex offender program; | |
| 3769 | + | 115.14or | |
| 3770 | + | 115.15 (iv) on the grounds of a child care facility or family or group family day care program; | |
| 3771 | + | 115.16 (3) vaporizing or smoking medical cannabis: | |
| 3772 | + | 115.17 (i) on any form of public transportation; | |
| 3773 | + | 115.18 (ii) where the vapor would be inhaled by a nonpatient minor or where the smoke would | |
| 3774 | + | 115.19be inhaled by a minor; or | |
| 3775 | + | 115.20 (iii) in any public place, including any indoor or outdoor area used by or open to the | |
| 3776 | + | 115.21general public or a place of employment, as defined in section 144.413, subdivision 1b; and | |
| 3777 | + | 115.22 (4) operating, navigating, or being in actual physical control of a motor vehicle, aircraft, | |
| 3778 | + | 115.23train, or motorboat or working on transportation property, equipment, or facilities while | |
| 3779 | + | 115.24under the influence of medical cannabis flower or a medical cannabinoid product. | |
| 3780 | + | 115.25 Subd. 2.Health care facilities.(a) Health care facilities licensed under chapter 144A; | |
| 3781 | + | 115.26hospice providers licensed under chapter 144A; boarding care homes or supervised living | |
| 3782 | + | 115.27facilities licensed under section 144.50; assisted living facilities licensed under chapter | |
| 3783 | + | 115.28144G; facilities owned, controlled, managed, or under common control with hospitals | |
| 3784 | + | 115.29licensed under chapter 144; and other health care facilities licensed by the commissioner | |
| 3785 | + | 115.30of health may adopt reasonable restrictions on the use of medical cannabis flower or medical | |
| 3786 | + | 115.31cannabinoid products by a patient enrolled in the registry program who resides at or is | |
| 3787 | + | 115Article 1 Sec. 56. | |
| 3788 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 116.1actively receiving treatment or care at the facility. The restrictions may include a provision | |
| 3789 | + | 116.2that the facility must not store or maintain a patient's supply of medical cannabis flower or | |
| 3790 | + | 116.3medical cannabinoid products, that the facility is not responsible for providing medical | |
| 3791 | + | 116.4cannabis flower or medical cannabinoid products for patients, and that medical cannabis | |
| 3792 | + | 116.5flower or medical cannabinoid products are used only in a location specified by the facility | |
| 3793 | + | 116.6or provider. | |
| 3794 | + | 116.7 (b) An employee or agent of a facility or provider listed in this subdivision or a person | |
| 3795 | + | 116.8licensed under chapter 144E is not violating this chapter or chapter 152 for the possession | |
| 3796 | + | 116.9of medical cannabis flower or medical cannabinoid products while carrying out employment | |
| 3797 | + | 116.10duties, including providing or supervising care to a patient enrolled in the registry program, | |
| 3798 | + | 116.11or distribution of medical cannabis flower or medical cannabinoid products to a patient | |
| 3799 | + | 116.12enrolled in the registry program who resides at or is actively receiving treatment or care at | |
| 3800 | + | 116.13the facility or from the provider with which the employee or agent is affiliated. Nothing in | |
| 3801 | + | 116.14this subdivision requires facilities and providers listed in this subdivision to adopt such | |
| 3802 | + | 116.15restrictions. No facility or provider listed in this subdivision may unreasonably limit a | |
| 3803 | + | 116.16patient's access to or use of medical cannabis flower or medical cannabinoid products to | |
| 3804 | + | 116.17the extent that such use is authorized under sections 342.47 to 342.60. | |
| 3805 | + | 116.18 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3806 | + | 116.19Sec. 57. [342.57] PROTECTIONS FOR REGISTRY PROGRAM PARTICIPANTS. | |
| 3807 | + | 116.20 Subdivision 1.Presumption.There is a presumption that a patient enrolled in the registry | |
| 3808 | + | 116.21program is engaged in the authorized use of medical cannabis flower and medical cannabinoid | |
| 3809 | + | 116.22products. This presumption may be rebutted by evidence that the patient's use of medical | |
| 3810 | + | 116.23cannabis flower or medical cannabinoid products was not for the purpose of treating or | |
| 3811 | + | 116.24alleviating the patient's qualifying medical condition or symptoms associated with the | |
| 3812 | + | 116.25patient's qualifying medical condition. | |
| 3813 | + | 116.26 Subd. 2.Criminal and civil protections.(a) Subject to section 342.56, the following | |
| 3814 | + | 116.27are not violations of this chapter or chapter 152: | |
| 3815 | + | 116.28 (1) use or possession of medical cannabis flower, medical cannabinoid products, or | |
| 3816 | + | 116.29medical cannabis paraphernalia by a patient enrolled in the registry program or by a visiting | |
| 3817 | + | 116.30patient to whom medical cannabis flower or medical cannabinoid products are distributed | |
| 3818 | + | 116.31under section 342.51, subdivision 5; | |
| 3819 | + | 116Article 1 Sec. 57. | |
| 3820 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 117.1 (2) possession of medical cannabis flower, medical cannabinoid products, or medical | |
| 3821 | + | 117.2cannabis paraphernalia by a registered designated caregiver or a parent, legal guardian, or | |
| 3822 | + | 117.3spouse of a patient enrolled in the registry program; or | |
| 3823 | + | 117.4 (3) possession of medical cannabis flower, medical cannabinoid products, or medical | |
| 3824 | + | 117.5cannabis paraphernalia by any person while carrying out duties required under sections | |
| 3825 | + | 117.6342.47 to 342.60. | |
| 3826 | + | 117.7 (b) The Office of Cannabis Management, members of the Cannabis Advisory Council, | |
| 3827 | + | 117.8Office of Cannabis Management employees, agents or contractors of the Office of Cannabis | |
| 3828 | + | 117.9Management, and health care practitioners participating in the registry program are not | |
| 3829 | + | 117.10subject to any civil penalties or disciplinary action by the Board of Medical Practice, the | |
| 3830 | + | 117.11Board of Nursing, or any business, occupational, or professional licensing board or entity | |
| 3831 | + | 117.12solely for participating in the registry program either in a professional capacity or as a | |
| 3832 | + | 117.13patient. A pharmacist licensed under chapter 151 is not subject to any civil penalties or | |
| 3833 | + | 117.14disciplinary action by the Board of Pharmacy when acting in accordance with sections | |
| 3834 | + | 117.15342.47 to 342.60 either in a professional capacity or as a patient. Nothing in this section | |
| 3835 | + | 117.16prohibits a professional licensing board from taking action in response to a violation of law. | |
| 3836 | + | 117.17 (c) Notwithstanding any law to the contrary, a Cannabis Advisory Council member, the | |
| 3837 | + | 117.18governor, or an employee of a state agency must not be held civilly or criminally liable for | |
| 3838 | + | 117.19any injury, loss of property, personal injury, or death caused by any act or omission while | |
| 3839 | + | 117.20acting within the scope of office or employment under sections 342.47 to 342.60. | |
| 3840 | + | 117.21 (d) Federal, state, and local law enforcement authorities are prohibited from accessing | |
| 3841 | + | 117.22the registry except when acting pursuant to a valid search warrant. Notwithstanding section | |
| 3842 | + | 117.2313.09, a violation of this paragraph is a gross misdemeanor. | |
| 3843 | + | 117.24 (e) Notwithstanding any law to the contrary, the office and employees of the office must | |
| 3844 | + | 117.25not release data or information about an individual contained in any report or document or | |
| 3845 | + | 117.26in the registry and must not release data or information obtained about a patient enrolled in | |
| 3846 | + | 117.27the registry program, except as provided in sections 342.47 to 342.60. Notwithstanding | |
| 3847 | + | 117.28section 13.09, a violation of this paragraph is a gross misdemeanor. | |
| 3848 | + | 117.29 (f) No information contained in a report or document, contained in the registry, or | |
| 3849 | + | 117.30obtained from a patient under sections 342.47 to 342.60 may be admitted as evidence in a | |
| 3850 | + | 117.31criminal proceeding, unless: | |
| 3851 | + | 117.32 (1) the information is independently obtained; or | |
| 3852 | + | 117Article 1 Sec. 57. | |
| 3853 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 118.1 (2) admission of the information is sought in a criminal proceeding involving a criminal | |
| 3854 | + | 118.2violation of sections 342.47 to 342.60. | |
| 3855 | + | 118.3 (g) Possession of a registry verification or an application for enrollment in the registry | |
| 3856 | + | 118.4program: | |
| 3857 | + | 118.5 (1) does not constitute probable cause or reasonable suspicion; | |
| 3858 | + | 118.6 (2) must not be used to support a search of the person or property of the person with a | |
| 3859 | + | 118.7registry verification or application to enroll in the registry program; and | |
| 3860 | + | 118.8 (3) must not subject the person or the property of the person to inspection by any | |
| 3861 | + | 118.9government agency. | |
| 3862 | + | 118.10 Subd. 3.School enrollment; rental property.(a) No school may refuse to enroll a | |
| 3863 | + | 118.11patient as a pupil or otherwise penalize a patient solely because the patient is enrolled in | |
| 3864 | + | 118.12the registry program, unless failing to do so would violate federal law or regulations or | |
| 3865 | + | 118.13cause the school to lose a monetary or licensing-related benefit under federal law or | |
| 3866 | + | 118.14regulations. | |
| 3867 | + | 118.15 (b) No landlord may refuse to lease to a patient or otherwise penalize a patient solely | |
| 3868 | + | 118.16because the patient is enrolled in the registry program, unless failing to do so would violate | |
| 3869 | + | 118.17federal law or regulations or cause the landlord to lose a monetary or licensing-related | |
| 3870 | + | 118.18benefit under federal law or regulations. | |
| 3871 | + | 118.19 Subd. 4.Medical care.For purposes of medical care, including organ transplants, a | |
| 3872 | + | 118.20patient's use of medical cannabis flower or medical cannabinoid products according to | |
| 3873 | + | 118.21sections 342.47 to 342.60 is considered the equivalent of the authorized use of a medication | |
| 3874 | + | 118.22used at the discretion of a health care practitioner and does not disqualify a patient from | |
| 3875 | + | 118.23needed medical care. | |
| 3876 | + | 118.24 Subd. 5.Employment.(a) Unless a failure to do so would violate federal or state law | |
| 3877 | + | 118.25or regulations or cause an employer to lose a monetary or licensing-related benefit under | |
| 3878 | + | 118.26federal law or regulations, an employer may not discriminate against a person in hiring, | |
| 3879 | + | 118.27termination, or any term or condition of employment, or otherwise penalize a person, if the | |
| 3880 | + | 118.28discrimination is based on: | |
| 3881 | + | 118.29 (1) the person's status as a patient enrolled in the registry program; or | |
| 3882 | + | 118.30 (2) a patient's positive drug test for cannabis components or metabolites, unless the | |
| 3883 | + | 118.31patient used, possessed, sold, transported, or was impaired by medical cannabis flower or | |
| 3884 | + | 118.32a medical cannabinoid product on work premises, during working hours, or while operating | |
| 3885 | + | 118.33an employer's machinery, vehicle, or equipment. | |
| 3886 | + | 118Article 1 Sec. 57. | |
| 3887 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 119.1 (b) An employee who is a patient and whose employer requires the employee to undergo | |
| 3888 | + | 119.2drug testing according to section 181.953 may present the employee's registry verification | |
| 3889 | + | 119.3as part of the employee's explanation under section 181.953, subdivision 6. | |
| 3890 | + | 119.4 Subd. 6.Custody; visitation; parenting time.A person must not be denied custody of | |
| 3891 | + | 119.5a minor child or visitation rights or parenting time with a minor child based solely on the | |
| 3892 | + | 119.6person's status as a patient enrolled in the registry program. There must be no presumption | |
| 3893 | + | 119.7of neglect or child endangerment for conduct allowed under sections 342.47 to 342.60, | |
| 3894 | + | 119.8unless the person's behavior creates an unreasonable danger to the safety of the minor as | |
| 3895 | + | 119.9established by clear and convincing evidence. | |
| 3896 | + | 119.10 Subd. 7.Action for damages.In addition to any other remedy provided by law, a patient | |
| 3897 | + | 119.11may bring an action for damages against any person who violates subdivision 3, 4, or 5. A | |
| 3898 | + | 119.12person who violates subdivision 3, 4, or 5 is liable to a patient injured by the violation for | |
| 3899 | + | 119.13the greater of the person's actual damages or a civil penalty of $100 and reasonable attorney | |
| 3900 | + | 119.14fees. | |
| 3901 | + | 119.15 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3902 | + | 119.16Sec. 58. [342.58] VIOLATION BY HEALTH CARE PRACTITIONER; CRIMINAL | |
| 3903 | + | 119.17PENALTY. | |
| 3904 | + | 119.18 A health care practitioner who knowingly refers patients to a medical cannabis business | |
| 3905 | + | 119.19or to a designated caregiver, who advertises as a retailer or producer of medical cannabis | |
| 3906 | + | 119.20flower or medical cannabinoid products, or who issues certifications while holding a financial | |
| 3907 | + | 119.21interest in a cannabis retailer or medical cannabis business is guilty of a misdemeanor and | |
| 3908 | + | 119.22may be sentenced to imprisonment for not more than 90 days or to payment of not more | |
| 3909 | + | 119.23than $1,000, or both. | |
| 3910 | + | 119.24 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3911 | + | 119.25Sec. 59. [342.59] DATA PRACTICES. | |
| 3912 | + | 119.26 Subdivision 1.Data classification.Patient health records maintained by the Office of | |
| 3913 | + | 119.27Cannabis Management or the Division of Medical Cannabis and government data in patient | |
| 3914 | + | 119.28health records maintained by a health care practitioner are classified as private data on | |
| 3915 | + | 119.29individuals, as defined in section 13.02, subdivision 12, or nonpublic data, as defined in | |
| 3916 | + | 119.30section 13.02, subdivision 9. | |
| 3917 | + | 119.31 Subd. 2.Allowable use; prohibited use.Data specified in subdivision 1 may be used | |
| 3918 | + | 119.32to comply with chapter 13, to comply with a request from the legislative auditor or the state | |
| 3919 | + | 119Article 1 Sec. 59. | |
| 3920 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 120.1auditor in the performance of official duties, and for purposes specified in sections 342.47 | |
| 3921 | + | 120.2to 342.60. Data specified in subdivision 1 and maintained by the Office of Cannabis | |
| 3922 | + | 120.3Management or Division of Medical Cannabis must not be used for any purpose not specified | |
| 3923 | + | 120.4in sections 342.47 to 342.60 and must not be combined or linked in any manner with any | |
| 3924 | + | 120.5other list, dataset, or database. Data specified in subdivision 1 must not be shared with any | |
| 3925 | + | 120.6federal agency, federal department, or federal entity unless specifically ordered to do so by | |
| 3926 | + | 120.7a state or federal court. | |
| 3927 | + | 120.8 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3928 | + | 120.9Sec. 60. [342.60] CLINICAL TRIALS. | |
| 3929 | + | 120.10 The Division of Medical Cannabis may conduct, or award grants to health care providers | |
| 3930 | + | 120.11or research organizations to conduct, clinical trials on the safety and efficacy of using | |
| 3931 | + | 120.12medical cannabis flower or medical cannabinoid products to treat a specific health condition. | |
| 3932 | + | 120.13A health care provider or research organization receiving a grant under this section must | |
| 3933 | + | 120.14provide the office with access to all data collected in a clinical trial funded under this section. | |
| 3934 | + | 120.15The office may use data from clinical trials conducted or funded under this section as | |
| 3935 | + | 120.16evidence to approve additional qualifying medical conditions or additional allowable forms | |
| 3936 | + | 120.17of medical cannabis. | |
| 3937 | + | 120.18 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3938 | + | 120.19Sec. 61. [342.61] TESTING. | |
| 3939 | + | 120.20 Subdivision 1.Testing required.Cannabis businesses and hemp businesses shall not | |
| 3940 | + | 120.21sell or offer for sale cannabis flower, cannabis products, artificially derived cannabinoids, | |
| 3941 | + | 120.22lower-potency hemp edibles, or hemp-derived consumer products to another cannabis | |
| 3942 | + | 120.23business or hemp business, or to a customer or patient, or otherwise transfer cannabis flower, | |
| 3943 | + | 120.24cannabis products, artificially derived cannabinoids, lower-potency hemp edibles, or | |
| 3944 | + | 120.25hemp-derived consumer products to another cannabis business or hemp business, unless: | |
| 3945 | + | 120.26 (1) a representative sample of the batch of cannabis flower, cannabis products, artificially | |
| 3946 | + | 120.27derived cannabinoids, lower-potency hemp edibles, or hemp-derived consumer products | |
| 3947 | + | 120.28has been tested according to this section and rules adopted under this chapter; | |
| 3948 | + | 120.29 (2) the testing was completed by a cannabis testing facility licensed under this chapter; | |
| 3949 | + | 120.30and | |
| 3950 | + | 120Article 1 Sec. 61. | |
| 3951 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 121.1 (3) the tested sample of cannabis flower, cannabis products, artificially derived | |
| 3952 | + | 121.2cannabinoids, lower-potency hemp edibles, or hemp-derived consumer products was found | |
| 3953 | + | 121.3to meet testing standards established by the office. | |
| 3954 | + | 121.4 Subd. 2.Procedures and standards established by office.(a) The office shall by rule | |
| 3955 | + | 121.5establish procedures governing the sampling, handling, testing, storage, and transportation | |
| 3956 | + | 121.6of cannabis flower, cannabis products, artificially derived cannabinoids, lower-potency | |
| 3957 | + | 121.7hemp edibles, or hemp-derived consumer products tested under this section; the contaminants | |
| 3958 | + | 121.8for which cannabis flower, cannabis products, artificially derived cannabinoids, | |
| 3959 | + | 121.9lower-potency hemp edibles, or hemp-derived consumer products must be tested; standards | |
| 3960 | + | 121.10for potency and homogeneity testing; and procedures applicable to cannabis businesses, | |
| 3961 | + | 121.11hemp businesses, and cannabis testing facilities regarding cannabis flower, cannabis products, | |
| 3962 | + | 121.12artificially derived cannabinoids, lower-potency hemp edibles, or hemp-derived consumer | |
| 3963 | + | 121.13products that fail to meet the standards for allowable levels of contaminants established by | |
| 3964 | + | 121.14the office, that fail to meet the potency limits in this chapter, or that do not conform with | |
| 3965 | + | 121.15the content of the cannabinoid profile listed on the label. | |
| 3966 | + | 121.16 (b) All testing required under this section must be performed in a manner that is consistent | |
| 3967 | + | 121.17with general requirements for testing and calibration activities. | |
| 3968 | + | 121.18 Subd. 3.Standards established by Office of Cannabis Management.The office shall | |
| 3969 | + | 121.19by rule establish standards for allowable levels of contaminants in cannabis flower, cannabis | |
| 3970 | + | 121.20products, artificially derived cannabinoids, lower-potency hemp edibles, or hemp-derived | |
| 3971 | + | 121.21consumer products, and growing media. Contaminants for which the office must establish | |
| 3972 | + | 121.22allowable levels must include but are not limited to residual solvents, foreign material, | |
| 3973 | + | 121.23microbiological contaminants, heavy metals, pesticide residue, and mycotoxins. | |
| 3974 | + | 121.24 Subd. 4.Testing of samples; disclosures.(a) On a schedule determined by the office, | |
| 3975 | + | 121.25every cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis | |
| 3976 | + | 121.26manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency | |
| 3977 | + | 121.27hemp edible manufacturer, medical cannabis cultivator, or medical cannabis processor shall | |
| 3978 | + | 121.28make each batch of cannabis flower, cannabis products, artificially derived cannabinoids, | |
| 3979 | + | 121.29lower-potency hemp edibles, or hemp-derived consumer products grown, manufactured, or | |
| 3980 | + | 121.30imported by the cannabis business or hemp business available to a cannabis testing facility. | |
| 3981 | + | 121.31 (b) A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis | |
| 3982 | + | 121.32manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency | |
| 3983 | + | 121.33hemp edible manufacturer, medical cannabis cultivator, or medical cannabis processor must | |
| 3984 | + | 121.34disclose all known information regarding pesticides, fertilizers, solvents, or other foreign | |
| 3985 | + | 121Article 1 Sec. 61. | |
| 3986 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 122.1materials, including but not limited to catalysts used in creating artificially derived | |
| 3987 | + | 122.2cannabinoids, applied or added to the batch of cannabis flower, cannabis products, artificially | |
| 3988 | + | 122.3derived cannabinoids, lower-potency hemp edibles, or hemp-derived consumer products | |
| 3989 | + | 122.4subject to testing. Disclosure must be made to the cannabis testing facility and must include | |
| 3990 | + | 122.5information about all applications by any person, whether intentional or accidental. | |
| 3991 | + | 122.6 (c) The cannabis testing facility shall select one or more representative samples from | |
| 3992 | + | 122.7each batch, test the samples for the presence of contaminants, and test the samples for | |
| 3993 | + | 122.8potency and homogeneity and to allow the cannabis flower, cannabis product, artificially | |
| 3994 | + | 122.9derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product to be | |
| 3995 | + | 122.10accurately labeled with its cannabinoid profile. Testing for contaminants must include testing | |
| 3996 | + | 122.11for residual solvents, foreign material, microbiological contaminants, heavy metals, pesticide | |
| 3997 | + | 122.12residue, mycotoxins, and any items identified pursuant to paragraph (b), and may include | |
| 3998 | + | 122.13testing for other contaminants. A cannabis testing facility must destroy or return to the | |
| 3999 | + | 122.14cannabis business or hemp business any part of the sample that remains after testing. | |
| 4000 | + | 122.15 Subd. 5.Test results.(a) If a sample meets the applicable testing standards, a cannabis | |
| 4001 | + | 122.16testing facility shall issue a certification to a cannabis microbusiness, cannabis | |
| 4002 | + | 122.17mezzobusiness, cannabis cultivator, cannabis manufacturer, cannabis wholesaler with an | |
| 4003 | + | 122.18endorsement to import products, lower-potency hemp edible manufacturer, medical cannabis | |
| 4004 | + | 122.19cultivator, or medical cannabis processor, and the cannabis business or hemp business may | |
| 4005 | + | 122.20then sell or transfer the batch of cannabis flower, cannabis products, artificially derived | |
| 4006 | + | 122.21cannabinoids, lower-potency hemp edibles, or hemp-derived consumer products from which | |
| 4007 | + | 122.22the sample was taken to another cannabis business or hemp business, or offer the cannabis | |
| 4008 | + | 122.23flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products | |
| 4009 | + | 122.24for sale to customers or patients. If a sample does not meet the applicable testing standards | |
| 4010 | + | 122.25or if the testing facility is unable to test for a substance identified pursuant to subdivision | |
| 4011 | + | 122.264, paragraph (b), the batch from which the sample was taken shall be subject to procedures | |
| 4012 | + | 122.27established by the office for such batches, including destruction, remediation, or retesting. | |
| 4013 | + | 122.28A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis | |
| 4014 | + | 122.29manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency | |
| 4015 | + | 122.30hemp edible manufacturer, medical cannabis cultivator, or medical cannabis processor must | |
| 4016 | + | 122.31maintain the test results for cannabis flower, cannabis products, artificially derived | |
| 4017 | + | 122.32cannabinoids, lower-potency hemp edibles, or hemp-derived consumer products grown, | |
| 4018 | + | 122.33manufactured, or imported by that cannabis business or hemp business for at least five years | |
| 4019 | + | 122.34after the date of testing. | |
| 4020 | + | 122Article 1 Sec. 61. | |
| 4021 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 123.1 (b) A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis | |
| 4022 | + | 123.2manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency | |
| 4023 | + | 123.3hemp edible manufacturer, medical cannabis cultivator, or medical cannabis processor shall | |
| 4024 | + | 123.4make test results maintained by that cannabis business or hemp business available for review | |
| 4025 | + | 123.5by any member of the public, upon request. Test results made available to the public must | |
| 4026 | + | 123.6be in plain language. | |
| 4027 | + | 123.7Sec. 62. [342.62] PACKAGING. | |
| 4028 | + | 123.8 Subdivision 1.General.All cannabis flower, cannabis products, lower-potency hemp | |
| 4029 | + | 123.9edibles, and hemp-derived consumer products sold to customers or patients must be packaged | |
| 4030 | + | 123.10as required by this section and rules adopted under this chapter. | |
| 4031 | + | 123.11 Subd. 2.Packaging requirements.(a) Except as provided in paragraph (b), all cannabis | |
| 4032 | + | 123.12flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products | |
| 4033 | + | 123.13sold to customers or patients must be: | |
| 4034 | + | 123.14 (1) prepackaged in packaging or a container that is plain, child-resistant, tamper-evident, | |
| 4035 | + | 123.15and opaque; or | |
| 4036 | + | 123.16 (2) placed in packaging or a container that is plain, child-resistant, tamper-evident, and | |
| 4037 | + | 123.17opaque at the final point of sale to a customer. | |
| 4038 | + | 123.18 (b) The requirement that packaging be child-resistant does not apply to a lower-potency | |
| 4039 | + | 123.19hemp edible that is sold pursuant to section 342.46, subdivision 8, paragraph (e), or: | |
| 4040 | + | 123.20 (1) is intended to be consumed as a beverage; | |
| 4041 | + | 123.21 (2) contains nonintoxicating cannabinoids; | |
| 4042 | + | 123.22 (3) does not contain more than a combined total of 0.25 milligrams of intoxicating | |
| 4043 | + | 123.23cannabinoids; and | |
| 4044 | + | 123.24 (4) does not contain an artificially derived cannabinoid. | |
| 4045 | + | 123.25 (c) If a cannabis product, lower-potency hemp edible, or a hemp-derived consumer | |
| 4046 | + | 123.26product is packaged in a manner that includes more than a single serving, each serving must | |
| 4047 | + | 123.27be indicated by scoring, wrapping, or other indicators designating the individual serving | |
| 4048 | + | 123.28size. If the item is a lower-potency hemp edible, serving indicators must meet the | |
| 4049 | + | 123.29requirements of section 342.46, subdivision 6, paragraph (b). | |
| 4050 | + | 123.30 (d) Edible cannabis products and lower-potency hemp edibles containing more than a | |
| 4051 | + | 123.31single serving must be prepackaged or placed at the final point of sale in packaging or a | |
| 4052 | + | 123.32container that is resealable. | |
| 4053 | + | 123Article 1 Sec. 62. | |
| 4054 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 124.1 Subd. 3.Packaging prohibitions.(a) Cannabis flower, cannabis products, lower-potency | |
| 4055 | + | 124.2hemp edibles, or hemp-derived consumer products sold to customers or patients must not | |
| 4056 | + | 124.3be packaged in a manner that: | |
| 4057 | + | 124.4 (1) bears a reasonable resemblance to any commercially available product that does not | |
| 4058 | + | 124.5contain cannabinoids, whether the manufacturer of the product holds a registered trademark | |
| 4059 | + | 124.6or has registered the trade dress; or | |
| 4060 | + | 124.7 (2) is designed to appeal to persons under 21 years of age. | |
| 4061 | + | 124.8 (b) Packaging for cannabis flower, cannabis products, lower-potency hemp edibles, and | |
| 4062 | + | 124.9hemp-derived consumer products must not contain or be coated with any perfluoroalkyl | |
| 4063 | + | 124.10substance. | |
| 4064 | + | 124.11 (c) Edible cannabis products and lower-potency hemp edibles must not be packaged in | |
| 4065 | + | 124.12a material that is not approved by the United States Food and Drug Administration for use | |
| 4066 | + | 124.13in packaging food. | |
| 4067 | + | 124.14Sec. 63. [342.63] LABELING. | |
| 4068 | + | 124.15 Subdivision 1.General.All cannabis flower, cannabis products, lower-potency hemp | |
| 4069 | + | 124.16edibles, and hemp-derived consumer products sold to customers or patients must be labeled | |
| 4070 | + | 124.17as required by this section and rules adopted under this chapter. | |
| 4071 | + | 124.18 Subd. 2.Content of label; cannabis.All cannabis flower and hemp-derived consumer | |
| 4072 | + | 124.19products that consist of hemp plant parts sold to customers or patients must have affixed | |
| 4073 | + | 124.20on the packaging or container of the cannabis flower or hemp-derived consumer product a | |
| 4074 | + | 124.21label that contains at least the following information: | |
| 4075 | + | 124.22 (1) the name and license number of the cannabis microbusiness, cannabis mezzobusiness, | |
| 4076 | + | 124.23cannabis cultivator, medical cannabis cultivator, or industrial hemp grower where the | |
| 4077 | + | 124.24cannabis flower or hemp plant part was cultivated; | |
| 4078 | + | 124.25 (2) the net weight or volume of cannabis flower or hemp plant parts in the package or | |
| 4079 | + | 124.26container; | |
| 4080 | + | 124.27 (3) the batch number; | |
| 4081 | + | 124.28 (4) the cannabinoid profile; | |
| 4082 | + | 124.29 (5) a universal symbol established by the office indicating that the package or container | |
| 4083 | + | 124.30contains cannabis flower, a cannabis product, a lower-potency hemp edible, or a | |
| 4084 | + | 124.31hemp-derived consumer product; | |
| 4085 | + | 124Article 1 Sec. 63. | |
| 4086 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 125.1 (6) verification that the cannabis flower or hemp plant part was tested according to | |
| 4087 | + | 125.2section 342.61 and that the cannabis flower or hemp plant part complies with the applicable | |
| 4088 | + | 125.3standards; | |
| 4089 | + | 125.4 (7) the maximum dose, quantity, or consumption that may be considered medically safe | |
| 4090 | + | 125.5within a 24-hour period; | |
| 4091 | + | 125.6 (8) the following statement: "Keep this product out of reach of children."; and | |
| 4092 | + | 125.7 (9) any other statements or information required by the office. | |
| 4093 | + | 125.8 Subd. 3.Content of label; cannabinoid products.(a) All cannabis products, | |
| 4094 | + | 125.9lower-potency hemp edibles, hemp-derived consumer products other than products subject | |
| 4095 | + | 125.10to the requirements under subdivision 2, medical cannabinoid products, and hemp-derived | |
| 4096 | + | 125.11topical products sold to customers or patients must have affixed to the packaging or container | |
| 4097 | + | 125.12of the cannabis product a label that contains at least the following information: | |
| 4098 | + | 125.13 (1) the name and license number of the cannabis microbusiness, cannabis mezzobusiness, | |
| 4099 | + | 125.14cannabis cultivator, medical cannabis cultivator, or industrial hemp grower that cultivated | |
| 4100 | + | 125.15the cannabis flower or hemp plant parts used in the cannabis product, lower-potency hemp | |
| 4101 | + | 125.16edible, hemp-derived consumer product, or medical cannabinoid product; | |
| 4102 | + | 125.17 (2) the name and license number of the cannabis microbusiness, cannabis mezzobusiness, | |
| 4103 | + | 125.18cannabis manufacturer, lower-potency hemp edible manufacturer, medical cannabis | |
| 4104 | + | 125.19processor, or industrial hemp grower that manufactured the cannabis concentrate, hemp | |
| 4105 | + | 125.20concentrate, or artificially derived cannabinoid and, if different, the name and license number | |
| 4106 | + | 125.21of the cannabis microbusiness, cannabis mezzobusiness, cannabis manufacturer, | |
| 4107 | + | 125.22lower-potency hemp edible manufacturer, or medical cannabis processor that manufactured | |
| 4108 | + | 125.23the product; | |
| 4109 | + | 125.24 (3) the net weight or volume of the cannabis product, lower-potency hemp edible, or | |
| 4110 | + | 125.25hemp-derived consumer product in the package or container; | |
| 4111 | + | 125.26 (4) the type of cannabis product, lower-potency hemp edible, or hemp-derived consumer | |
| 4112 | + | 125.27product; | |
| 4113 | + | 125.28 (5) the batch number; | |
| 4114 | + | 125.29 (6) the serving size; | |
| 4115 | + | 125.30 (7) the cannabinoid profile per serving and in total; | |
| 4116 | + | 125.31 (8) a list of ingredients; | |
| 4117 | + | 125Article 1 Sec. 63. | |
| 4118 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 126.1 (9) a universal symbol established by the office indicating that the package or container | |
| 4119 | + | 126.2contains cannabis flower, a cannabis product, a lower-potency hemp edible, or a | |
| 4120 | + | 126.3hemp-derived consumer product; | |
| 4121 | + | 126.4 (10) a warning symbol developed by the office in consultation with the commissioner | |
| 4122 | + | 126.5of health and the Minnesota Poison Control System that: | |
| 4123 | + | 126.6 (i) is at least three-quarters of an inch tall and six-tenths of an inch wide; | |
| 4124 | + | 126.7 (ii) is in a highly visible color; | |
| 4125 | + | 126.8 (iii) includes a visual element that is commonly understood to mean a person should | |
| 4126 | + | 126.9stop; | |
| 4127 | + | 126.10 (iv) indicates that the product is not for children; and | |
| 4128 | + | 126.11 (v) includes the phone number of the Minnesota Poison Control System; | |
| 4129 | + | 126.12 (11) verification that the cannabis product, lower-potency hemp edible, hemp-derived | |
| 4130 | + | 126.13consumer product, or medical cannabinoid product was tested according to section 342.61 | |
| 4131 | + | 126.14and that the cannabis product, lower-potency hemp edible, hemp-derived consumer product, | |
| 4132 | + | 126.15or medical cannabinoid product complies with the applicable standards; | |
| 4133 | + | 126.16 (12) the maximum dose, quantity, or consumption that may be considered medically | |
| 4134 | + | 126.17safe within a 24-hour period; | |
| 4135 | + | 126.18 (13) the following statement: "Keep this product out of reach of children."; and | |
| 4136 | + | 126.19 (14) any other statements or information required by the office. | |
| 4137 | + | 126.20 (b) The office may by rule establish alternative labeling requirements for lower-potency | |
| 4138 | + | 126.21edible products that are imported into the state provided that those requirements provide | |
| 4139 | + | 126.22consumers with information that is substantially similar to the information described in | |
| 4140 | + | 126.23paragraph (a). | |
| 4141 | + | 126.24 Subd. 4.Additional content of label; medical cannabis flower and medical | |
| 4142 | + | 126.25cannabinoid products.In addition to the applicable requirements for labeling under | |
| 4143 | + | 126.26subdivision 2 or 3, all medical cannabis flower and medical cannabinoid products must | |
| 4144 | + | 126.27include at least the following information on the label affixed to the packaging or container | |
| 4145 | + | 126.28of the medical cannabis flower or medical cannabinoid product: | |
| 4146 | + | 126.29 (1) the patient's name and date of birth; | |
| 4147 | + | 126Article 1 Sec. 63. | |
| 4148 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 127.1 (2) the name and date of birth of the patient's registered designated caregiver or, if listed | |
| 4149 | + | 127.2on the registry verification, the name of the patient's parent, legal guardian, or spouse, if | |
| 4150 | + | 127.3applicable; and | |
| 4151 | + | 127.4 (3) the patient's registry identification number. | |
| 4152 | + | 127.5 Subd. 5.Content of label; hemp-derived topical products.(a) All hemp-derived topical | |
| 4153 | + | 127.6products sold to customers must have affixed to the packaging or container of the product | |
| 4154 | + | 127.7a label that contains at least the following information: | |
| 4155 | + | 127.8 (1) the manufacturer name, location, phone number, and website; | |
| 4156 | + | 127.9 (2) the name and address of the independent, accredited laboratory used by the | |
| 4157 | + | 127.10manufacturer to test the product; | |
| 4158 | + | 127.11 (3) the net weight or volume of the product in the package or container; | |
| 4159 | + | 127.12 (4) the type of topical product; | |
| 4160 | + | 127.13 (5) the amount or percentage of cannabidiol, cannabigerol, or any other cannabinoid, | |
| 4161 | + | 127.14derivative, or extract of hemp, per serving and in total; | |
| 4162 | + | 127.15 (6) a list of ingredients; | |
| 4163 | + | 127.16 (7) a statement that the product does not claim to diagnose, treat, cure, or prevent any | |
| 4164 | + | 127.17disease and that the product has not been evaluated or approved by the United States Food | |
| 4165 | + | 127.18and Drug Administration, unless the product has been so approved; and | |
| 4166 | + | 127.19 (8) any other statements or information required by the office. | |
| 4167 | + | 127.20 (b) The information required in paragraph (a), clauses (1), (2), and (5), may be provided | |
| 4168 | + | 127.21through the use of a scannable barcode or matrix barcode that links to a page on a website | |
| 4169 | + | 127.22maintained by the manufacturer or distributor if that page contains all of the information | |
| 4170 | + | 127.23required by this subdivision. | |
| 4171 | + | 127.24 Subd. 6.Additional warnings.The office shall review medical and scientific literature | |
| 4172 | + | 127.25to determine whether it is appropriate to require additional health and safety warnings | |
| 4173 | + | 127.26regarding the impact of cannabis flower, cannabis products, lower-potency hemp edibles, | |
| 4174 | + | 127.27and hemp-derived consumer products. The review must specifically include the identification | |
| 4175 | + | 127.28of any risks associated with use by pregnant or breastfeeding women or by women planning | |
| 4176 | + | 127.29to become pregnant, and the effects use has on brain development for those under the age | |
| 4177 | + | 127.30of 25. Any additional labeling requirement must contain only information that is supported | |
| 4178 | + | 127.31by credible science and is helpful to consumers in considering potential health risks. | |
| 4179 | + | 127Article 1 Sec. 63. | |
| 4180 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 128.1 Subd. 7.Additional information.(a) A cannabis microbusiness, cannabis mezzobusiness, | |
| 4181 | + | 128.2cannabis retailer, or medical cannabis retailer must provide customers and patients with the | |
| 4182 | + | 128.3following information: | |
| 4183 | + | 128.4 (1) factual information about impairment effects and the expected timing of impairment | |
| 4184 | + | 128.5effects, side effects, adverse effects, and health risks of cannabis flower, cannabis products, | |
| 4185 | + | 128.6lower-potency hemp edibles, and hemp-derived consumer products; | |
| 4186 | + | 128.7 (2) a statement that customers and patients must not operate a motor vehicle or heavy | |
| 4187 | + | 128.8machinery while under the influence of cannabis flower, cannabis products, lower-potency | |
| 4188 | + | 128.9hemp edibles, and hemp-derived consumer products; | |
| 4189 | + | 128.10 (3) resources customers and patients may consult to answer questions about cannabis | |
| 4190 | + | 128.11flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer | |
| 4191 | + | 128.12products, and any side effects and adverse effects; | |
| 4192 | + | 128.13 (4) contact information for the poison control center and a safety hotline or website for | |
| 4193 | + | 128.14customers to report and obtain advice about side effects and adverse effects of cannabis | |
| 4194 | + | 128.15flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer | |
| 4195 | + | 128.16products; and | |
| 4196 | + | 128.17 (5) any other information specified by the office. | |
| 4197 | + | 128.18 (b) A cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, or medical | |
| 4198 | + | 128.19cannabis retailer may include the information described in paragraph (a) on the label affixed | |
| 4199 | + | 128.20to the packaging or container of cannabis flower, cannabis products, lower-potency hemp | |
| 4200 | + | 128.21edibles, and hemp-derived consumer products by: | |
| 4201 | + | 128.22 (1) posting the information in the premises of the cannabis microbusiness, cannabis | |
| 4202 | + | 128.23mezzobusiness, cannabis retailer, or medical cannabis retailer; or | |
| 4203 | + | 128.24 (2) providing the information on a separate document or pamphlet provided to customers | |
| 4204 | + | 128.25or patients when the customer purchases cannabis flower, a cannabis product, a lower-potency | |
| 4205 | + | 128.26hemp edible, or a hemp-derived consumer product. | |
| 4206 | + | 128.27Sec. 64. [342.64] ADVERTISEMENT. | |
| 4207 | + | 128.28 Subdivision 1.Limitations applicable to all advertisements.Cannabis businesses, | |
| 4208 | + | 128.29hemp businesses, and other persons shall not publish or cause to be published an | |
| 4209 | + | 128.30advertisement for a cannabis business, a hemp business, cannabis flower, a cannabis product, | |
| 4210 | + | 128.31a lower-potency hemp edible, or a hemp-derived consumer product in a manner that: | |
| 4211 | + | 128.32 (1) contains false or misleading statements; | |
| 4212 | + | 128Article 1 Sec. 64. | |
| 4213 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 129.1 (2) contains unverified claims about the health or therapeutic benefits or effects of | |
| 4214 | + | 129.2consuming cannabis flower, a cannabis product, a lower-potency hemp edible, or a | |
| 4215 | + | 129.3hemp-derived consumer product; | |
| 4216 | + | 129.4 (3) promotes the overconsumption of cannabis flower, a cannabis product, a | |
| 4217 | + | 129.5lower-potency hemp edible, or a hemp-derived consumer product; | |
| 4218 | + | 129.6 (4) depicts a person under 21 years of age consuming cannabis flower, a cannabis product, | |
| 4219 | + | 129.7a lower-potency hemp edible, or a hemp-derived consumer product; or | |
| 4220 | + | 129.8 (5) includes an image designed or likely to appeal to individuals under 21 years of age, | |
| 4221 | + | 129.9including cartoons, toys, animals, or children, or any other likeness to images, characters, | |
| 4222 | + | 129.10or phrases that is designed to be appealing to individuals under 21 years of age or encourage | |
| 4223 | + | 129.11consumption by individuals under 21 years of age. | |
| 4224 | + | 129.12 Subd. 2.Outdoor advertisements; cannabis business signs.(a) Except as provided in | |
| 4225 | + | 129.13paragraph (c), an outdoor advertisement of a cannabis business, a hemp business, cannabis | |
| 4226 | + | 129.14flower, a cannabis product, a lower-potency hemp edible, or a hemp-derived consumer | |
| 4227 | + | 129.15product is prohibited. | |
| 4228 | + | 129.16 (b) Cannabis businesses and hemp businesses may erect up to two fixed outdoor signs | |
| 4229 | + | 129.17on the exterior of the building or property of the cannabis business or hemp business. A | |
| 4230 | + | 129.18fixed outdoor sign: | |
| 4231 | + | 129.19 (1) may contain the name of the cannabis business and the address and nature of the | |
| 4232 | + | 129.20cannabis business; and | |
| 4233 | + | 129.21 (2) shall not include a logo or an image of any kind. | |
| 4234 | + | 129.22 (c) The prohibition under paragraph (a) does not apply to an outdoor advertisement for | |
| 4235 | + | 129.23a hemp business, or the goods or services the business offers, that is not related to the | |
| 4236 | + | 129.24manufacture or sale of lower-potency hemp edibles and does not include an image, | |
| 4237 | + | 129.25description, or any reference to the manufacture or sale of lower-potency hemp edibles. | |
| 4238 | + | 129.26 Subd. 3.Audience under 21 years of age.Cannabis businesses, hemp businesses, and | |
| 4239 | + | 129.27other persons shall not publish or cause to be published an advertisement for a cannabis | |
| 4240 | + | 129.28business, a hemp business, cannabis flower, a cannabis product, a lower-potency hemp | |
| 4241 | + | 129.29edible, or a hemp-derived consumer product in any print publication or on radio, television, | |
| 4242 | + | 129.30or any other medium if 30 percent or more of the audience of that medium is reasonably | |
| 4243 | + | 129.31expected to be individuals who are under 21 years of age, as determined by reliable, current | |
| 4244 | + | 129.32audience composition data. | |
| 4245 | + | 129Article 1 Sec. 64. | |
| 4246 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 130.1 Subd. 4.Certain unsolicited advertising.Cannabis businesses, hemp businesses, and | |
| 4247 | + | 130.2other persons shall not utilize unsolicited pop-up advertisements on the internet to advertise | |
| 4248 | + | 130.3a cannabis business, a hemp business, cannabis flower, a cannabis product, a lower-potency | |
| 4249 | + | 130.4hemp edible, or a hemp-derived consumer product. | |
| 4250 | + | 130.5 Subd. 5.Advertising using direct, individualized communication or dialogue.Before | |
| 4251 | + | 130.6a cannabis business, hemp business, or another person may advertise a cannabis business, | |
| 4252 | + | 130.7a hemp business, cannabis flower, a cannabis product, a lower-potency hemp edible, or a | |
| 4253 | + | 130.8hemp-derived consumer product through direct, individualized communication or dialogue | |
| 4254 | + | 130.9controlled by the cannabis business, hemp business, or other person, the cannabis business, | |
| 4255 | + | 130.10hemp business, or other person must use a method of age affirmation to verify that the | |
| 4256 | + | 130.11recipient of the direct, individualized communication or dialogue is 21 years of age or older. | |
| 4257 | + | 130.12For purposes of this subdivision, the method of age affirmation may include user | |
| 4258 | + | 130.13confirmation, birth date disclosure, or another similar registration method. | |
| 4259 | + | 130.14 Subd. 6.Advertising using location-based devices.Cannabis businesses, hemp | |
| 4260 | + | 130.15businesses, and other persons shall not advertise a cannabis business, a hemp business, | |
| 4261 | + | 130.16cannabis flower, a cannabis product, a lower-potency hemp edible, or a hemp-derived | |
| 4262 | + | 130.17consumer product with advertising directed toward location-based devices, including but | |
| 4263 | + | 130.18not limited to cellular telephones, unless: | |
| 4264 | + | 130.19 (1) the advertising occurs via a mobile device application that is installed on the device | |
| 4265 | + | 130.20by the device's owner and includes a permanent and easy to implement opt-out feature; and | |
| 4266 | + | 130.21 (2) the owner of the device is 21 years of age or older. | |
| 4267 | + | 130.22 Subd. 7.Advertising restrictions for health care practitioners under the medical | |
| 4268 | + | 130.23cannabis program.(a) A health care practitioner shall not publish or cause to be published | |
| 4269 | + | 130.24an advertisement that: | |
| 4270 | + | 130.25 (1) contains false or misleading statements about the registry program; | |
| 4271 | + | 130.26 (2) uses colloquial terms to refer to medical cannabis flower or medical cannabinoid | |
| 4272 | + | 130.27products, such as pot, weed, or grass; | |
| 4273 | + | 130.28 (3) states or implies that the health care practitioner is endorsed by the office, the Division | |
| 4274 | + | 130.29of Medical Cannabis, or the registry program; | |
| 4275 | + | 130.30 (4) includes images of cannabis flower, hemp plant parts, or images of paraphernalia | |
| 4276 | + | 130.31commonly used to smoke cannabis flower; or | |
| 4277 | + | 130.32 (5) contains medical symbols that could reasonably be confused with symbols of | |
| 4278 | + | 130.33established medical associations or groups. | |
| 4269 | 4279 | 130Article 1 Sec. 64. | |
| 4270 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 131.1topical products sold to customers or patients must have affixed to the packaging or container | |
| 4271 | - | 131.2of the cannabis product a label that contains at least the following information: | |
| 4272 | - | 131.3 (1) the name and license number of the cannabis microbusiness, cannabis mezzobusiness, | |
| 4273 | - | 131.4cannabis cultivator, medical cannabis cultivator, or industrial hemp grower that cultivated | |
| 4274 | - | 131.5the cannabis flower or hemp plant parts used in the cannabis product, lower-potency hemp | |
| 4275 | - | 131.6edible, hemp-derived consumer product, or medical cannabinoid product; | |
| 4276 | - | 131.7 (2) the name and license number of the cannabis microbusiness, cannabis mezzobusiness, | |
| 4277 | - | 131.8cannabis manufacturer, lower-potency hemp edible manufacturer, medical cannabis | |
| 4278 | - | 131.9processor, or industrial hemp grower that manufactured the cannabis concentrate, hemp | |
| 4279 | - | 131.10concentrate, or artificially derived cannabinoid and, if different, the name and license number | |
| 4280 | - | 131.11of the cannabis microbusiness, cannabis mezzobusiness, cannabis manufacturer, | |
| 4281 | - | 131.12lower-potency hemp edible manufacturer, or medical cannabis processor that manufactured | |
| 4282 | - | 131.13the product; | |
| 4283 | - | 131.14 (3) the net weight or volume of the cannabis product, lower-potency hemp edible, or | |
| 4284 | - | 131.15hemp-derived consumer product in the package or container; | |
| 4285 | - | 131.16 (4) the type of cannabis product, lower-potency hemp edible, or hemp-derived consumer | |
| 4286 | - | 131.17product; | |
| 4287 | - | 131.18 (5) the batch number; | |
| 4288 | - | 131.19 (6) the serving size; | |
| 4289 | - | 131.20 (7) the cannabinoid profile per serving and in total; | |
| 4290 | - | 131.21 (8) a list of ingredients; | |
| 4291 | - | 131.22 (9) a universal symbol established by the office indicating that the package or container | |
| 4292 | - | 131.23contains cannabis flower, a cannabis product, a lower-potency hemp edible, or a | |
| 4293 | - | 131.24hemp-derived consumer product; | |
| 4294 | - | 131.25 (10) a warning symbol developed by the office in consultation with the commissioner | |
| 4295 | - | 131.26of health and the Minnesota Poison Control System that: | |
| 4296 | - | 131.27 (i) is at least three-quarters of an inch tall and six-tenths of an inch wide; | |
| 4297 | - | 131.28 (ii) is in a highly visible color; | |
| 4298 | - | 131.29 (iii) includes a visual element that is commonly understood to mean a person should | |
| 4299 | - | 131.30stop; | |
| 4300 | - | 131.31 (iv) indicates that the product is not for children; and | |
| 4301 | - | 131Article 1 Sec. 64. | |
| 4302 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 132.1 (v) includes the phone number of the Minnesota Poison Control System; | |
| 4303 | - | 132.2 (11) verification that the cannabis product, lower-potency hemp edible, hemp-derived | |
| 4304 | - | 132.3consumer product, or medical cannabinoid product was tested according to section 342.61 | |
| 4305 | - | 132.4and that the cannabis product, lower-potency hemp edible, hemp-derived consumer product, | |
| 4306 | - | 132.5or medical cannabinoid product complies with the applicable standards; | |
| 4307 | - | 132.6 (12) the maximum dose, quantity, or consumption that may be considered medically | |
| 4308 | - | 132.7safe within a 24-hour period; | |
| 4309 | - | 132.8 (13) the following statement: "Keep this product out of reach of children."; and | |
| 4310 | - | 132.9 (14) any other statements or information required by the office. | |
| 4311 | - | 132.10 (b) The office may by rule establish alternative labeling requirements for lower-potency | |
| 4312 | - | 132.11hemp edibles that are imported into the state provided that those requirements provide | |
| 4313 | - | 132.12consumers with information that is substantially similar to the information described in | |
| 4314 | - | 132.13paragraph (a). | |
| 4315 | - | 132.14 Subd. 4.Additional content of label; medical cannabis flower and medical | |
| 4316 | - | 132.15cannabinoid products.In addition to the applicable requirements for labeling under | |
| 4317 | - | 132.16subdivision 2 or 3, all medical cannabis flower and medical cannabinoid products must | |
| 4318 | - | 132.17include at least the following information on the label affixed to the packaging or container | |
| 4319 | - | 132.18of the medical cannabis flower or medical cannabinoid product: | |
| 4320 | - | 132.19 (1) the patient's name and date of birth; | |
| 4321 | - | 132.20 (2) the name and date of birth of the patient's registered designated caregiver or, if listed | |
| 4322 | - | 132.21on the registry verification, the name of the patient's parent, legal guardian, or spouse, if | |
| 4323 | - | 132.22applicable; and | |
| 4324 | - | 132.23 (3) the patient's registry identification number. | |
| 4325 | - | 132.24 Subd. 5.Content of label; hemp-derived topical products.(a) All hemp-derived topical | |
| 4326 | - | 132.25products sold to customers must have affixed to the packaging or container of the product | |
| 4327 | - | 132.26a label that contains at least the following information: | |
| 4328 | - | 132.27 (1) the manufacturer name, location, phone number, and website; | |
| 4329 | - | 132.28 (2) the name and address of the independent, accredited laboratory used by the | |
| 4330 | - | 132.29manufacturer to test the product; | |
| 4331 | - | 132.30 (3) the net weight or volume of the product in the package or container; | |
| 4332 | - | 132.31 (4) the type of topical product; | |
| 4333 | - | 132Article 1 Sec. 64. | |
| 4334 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 133.1 (5) the amount or percentage of cannabidiol, cannabigerol, or any other cannabinoid, | |
| 4335 | - | 133.2derivative, or extract of hemp, per serving and in total; | |
| 4336 | - | 133.3 (6) a list of ingredients; | |
| 4337 | - | 133.4 (7) a statement that the product does not claim to diagnose, treat, cure, or prevent any | |
| 4338 | - | 133.5disease and that the product has not been evaluated or approved by the United States Food | |
| 4339 | - | 133.6and Drug Administration, unless the product has been so approved; and | |
| 4340 | - | 133.7 (8) any other statements or information required by the office. | |
| 4341 | - | 133.8 (b) The information required in paragraph (a), clauses (1), (2), and (5), may be provided | |
| 4342 | - | 133.9through the use of a scannable barcode or matrix barcode that links to a page on a website | |
| 4343 | - | 133.10maintained by the manufacturer or distributor if that page contains all of the information | |
| 4344 | - | 133.11required by this subdivision. | |
| 4345 | - | 133.12 Subd. 6.Additional information.(a) A cannabis microbusiness, cannabis mezzobusiness, | |
| 4346 | - | 133.13cannabis retailer, medical cannabis retailer, or medical cannabis combination business must | |
| 4347 | - | 133.14provide customers and patients with the following information: | |
| 4348 | - | 133.15 (1) factual information about impairment effects and the expected timing of impairment | |
| 4349 | - | 133.16effects, side effects, adverse effects, and health risks of cannabis flower, cannabis products, | |
| 4350 | - | 133.17lower-potency hemp edibles, and hemp-derived consumer products; | |
| 4351 | - | 133.18 (2) a statement that customers and patients must not operate a motor vehicle or heavy | |
| 4352 | - | 133.19machinery while under the influence of cannabis flower, cannabis products, lower-potency | |
| 4353 | - | 133.20hemp edibles, and hemp-derived consumer products; | |
| 4354 | - | 133.21 (3) resources customers and patients may consult to answer questions about cannabis | |
| 4355 | - | 133.22flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer | |
| 4356 | - | 133.23products, and any side effects and adverse effects; | |
| 4357 | - | 133.24 (4) contact information for the poison control center and a safety hotline or website for | |
| 4358 | - | 133.25customers to report and obtain advice about side effects and adverse effects of cannabis | |
| 4359 | - | 133.26flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer | |
| 4360 | - | 133.27products; | |
| 4361 | - | 133.28 (5) substance use disorder treatment options; and | |
| 4362 | - | 133.29 (6) any other information specified by the office. | |
| 4363 | - | 133.30 (b) A cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, or medical | |
| 4364 | - | 133.31cannabis retailer may include the information described in paragraph (a) on the label affixed | |
| 4365 | - | 133Article 1 Sec. 64. | |
| 4366 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 134.1to the packaging or container of cannabis flower, cannabis products, lower-potency hemp | |
| 4367 | - | 134.2edibles, and hemp-derived consumer products by: | |
| 4368 | - | 134.3 (1) posting the information in the premises of the cannabis microbusiness, cannabis | |
| 4369 | - | 134.4mezzobusiness, cannabis retailer, medical cannabis retailer, or medical cannabis combination | |
| 4370 | - | 134.5business; or | |
| 4371 | - | 134.6 (2) providing the information on a separate document or pamphlet provided to customers | |
| 4372 | - | 134.7or patients when the customer purchases cannabis flower, a cannabis product, a lower-potency | |
| 4373 | - | 134.8hemp edible, or a hemp-derived consumer product. | |
| 4374 | - | 134.9Sec. 65. [342.64] ADVERTISEMENT. | |
| 4375 | - | 134.10 Subdivision 1.Limitations applicable to all advertisements.Cannabis businesses, | |
| 4376 | - | 134.11hemp businesses, and other persons shall not publish or cause to be published an | |
| 4377 | - | 134.12advertisement for a cannabis business, a hemp business, cannabis flower, a cannabis product, | |
| 4378 | - | 134.13a lower-potency hemp edible, or a hemp-derived consumer product in a manner that: | |
| 4379 | - | 134.14 (1) contains false or misleading statements; | |
| 4380 | - | 134.15 (2) contains unverified claims about the health or therapeutic benefits or effects of | |
| 4381 | - | 134.16consuming cannabis flower, a cannabis product, a lower-potency hemp edible, or a | |
| 4382 | - | 134.17hemp-derived consumer product; | |
| 4383 | - | 134.18 (3) promotes the overconsumption of cannabis flower, a cannabis product, a | |
| 4384 | - | 134.19lower-potency hemp edible, or a hemp-derived consumer product; | |
| 4385 | - | 134.20 (4) depicts a person under 21 years of age consuming cannabis flower, a cannabis product, | |
| 4386 | - | 134.21a lower-potency hemp edible, or a hemp-derived consumer product; or | |
| 4387 | - | 134.22 (5) includes an image designed or likely to appeal to individuals under 21 years of age, | |
| 4388 | - | 134.23including cartoons, toys, animals, or children, or any other likeness to images, characters, | |
| 4389 | - | 134.24or phrases that is designed to be appealing to individuals under 21 years of age or encourage | |
| 4390 | - | 134.25consumption by individuals under 21 years of age; and | |
| 4391 | - | 134.26 (6) does not contain a warning as specified by the office regarding impairment and health | |
| 4392 | - | 134.27risks. | |
| 4393 | - | 134.28 Subd. 2.Outdoor advertisements; cannabis business signs.(a) Except as provided in | |
| 4394 | - | 134.29paragraph (c), an outdoor advertisement of a cannabis business, a hemp business, cannabis | |
| 4395 | - | 134.30flower, a cannabis product, a lower-potency hemp edible, or a hemp-derived consumer | |
| 4396 | - | 134.31product is prohibited. | |
| 4397 | - | 134Article 1 Sec. 65. | |
| 4398 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 135.1 (b) Cannabis businesses and hemp businesses may erect up to two fixed outdoor signs | |
| 4399 | - | 135.2on the exterior of the building or property of the cannabis business or hemp business. | |
| 4400 | - | 135.3 (c) The prohibition under paragraph (a) does not apply to an outdoor advertisement for | |
| 4401 | - | 135.4a hemp business, or the goods or services the business offers, that is not related to the | |
| 4402 | - | 135.5manufacture or sale of lower-potency hemp edibles and does not include an image, | |
| 4403 | - | 135.6description, or any reference to the manufacture or sale of lower-potency hemp edibles. | |
| 4404 | - | 135.7 Subd. 3.Audience under 21 years of age.Except as provided in subdivision 2, a | |
| 4405 | - | 135.8cannabis business, hemp business, or other person shall not publish or cause to be published | |
| 4406 | - | 135.9an advertisement for a cannabis business, a hemp business, cannabis flower, a cannabis | |
| 4407 | - | 135.10product, a lower-potency hemp edible, or a hemp-derived consumer product in any print | |
| 4408 | - | 135.11publication or on radio, television, or any other medium if 30 percent or more of the audience | |
| 4409 | - | 135.12of that medium is reasonably expected to be individuals who are under 21 years of age, as | |
| 4410 | - | 135.13determined by reliable, current audience composition data. | |
| 4411 | - | 135.14 Subd. 4.Certain unsolicited advertising.A cannabis business, hemp business, or | |
| 4412 | - | 135.15another person shall not utilize unsolicited pop-up advertisements on the internet to advertise | |
| 4413 | - | 135.16a cannabis business, a hemp business, cannabis flower, a cannabis product, a lower-potency | |
| 4414 | - | 135.17hemp edible, or a hemp-derived consumer product. | |
| 4415 | - | 135.18 Subd. 5.Advertising using direct, individualized communication or dialogue.Before | |
| 4416 | - | 135.19a cannabis business, hemp business, or another person may advertise a cannabis business, | |
| 4417 | - | 135.20a hemp business, cannabis flower, a cannabis product, a lower-potency hemp edible, or a | |
| 4418 | - | 135.21hemp-derived consumer product through direct, individualized communication or dialogue | |
| 4419 | - | 135.22controlled by the cannabis business, hemp business, or other person, the cannabis business, | |
| 4420 | - | 135.23hemp business, or other person must use a method of age affirmation to verify that the | |
| 4421 | - | 135.24recipient of the direct, individualized communication or dialogue is 21 years of age or older. | |
| 4422 | - | 135.25For purposes of this subdivision, the method of age affirmation may include user | |
| 4423 | - | 135.26confirmation, birth date disclosure, or another similar registration method. | |
| 4424 | - | 135.27 Subd. 6.Advertising using location-based devices.A cannabis business, hemp business, | |
| 4425 | - | 135.28or another person shall not advertise a cannabis business, a hemp business, cannabis flower, | |
| 4426 | - | 135.29a cannabis product, a lower-potency hemp edible, or a hemp-derived consumer product | |
| 4427 | - | 135.30with advertising directed toward location-based devices, including but not limited to cellular | |
| 4428 | - | 135.31telephones, unless the owner of the device is 21 years of age or older. | |
| 4429 | - | 135.32 Subd. 7.Advertising restrictions for health care practitioners under the medical | |
| 4430 | - | 135.33cannabis program.(a) A health care practitioner shall not publish or cause to be published | |
| 4431 | - | 135.34an advertisement that: | |
| 4432 | - | 135Article 1 Sec. 65. | |
| 4433 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 136.1 (1) contains false or misleading statements about the registry program; | |
| 4434 | - | 136.2 (2) uses colloquial terms to refer to medical cannabis flower or medical cannabinoid | |
| 4435 | - | 136.3products, such as pot, weed, or grass; | |
| 4436 | - | 136.4 (3) states or implies that the health care practitioner is endorsed by the office, the Division | |
| 4437 | - | 136.5of Medical Cannabis, or the registry program; | |
| 4438 | - | 136.6 (4) includes images of cannabis flower, hemp plant parts, or images of paraphernalia | |
| 4439 | - | 136.7commonly used to smoke cannabis flower; | |
| 4440 | - | 136.8 (5) contains medical symbols that could reasonably be confused with symbols of | |
| 4441 | - | 136.9established medical associations or groups; or | |
| 4442 | - | 136.10 (6) does not contain a warning as specified by the office regarding impairment and health | |
| 4443 | - | 136.11risks. | |
| 4444 | - | 136.12 (b) A health care practitioner found by the office to have violated this subdivision is | |
| 4445 | - | 136.13prohibited from certifying that patients have a qualifying medical condition for purposes | |
| 4446 | - | 136.14of patient participation in the registry program. A decision by the office that a health care | |
| 4447 | - | 136.15practitioner has violated this subdivision is a final decision and is not subject to the contested | |
| 4448 | - | 136.16case procedures in chapter 14. | |
| 4449 | - | 136.17Sec. 66. [342.65] INDUSTRIAL HEMP. | |
| 4450 | - | 136.18 Nothing in this chapter shall limit the ability of a person licensed under chapter 18K to | |
| 4451 | - | 136.19grow industrial hemp for commercial or research purposes, process industrial hemp for | |
| 4452 | - | 136.20commercial purposes, sell hemp fiber products and hemp grain, manufacture hemp-derived | |
| 4453 | - | 136.21topical products, or perform any other actions authorized by the commissioner of agriculture. | |
| 4454 | - | 136.22For purposes of this section, "processing" has the meaning given in section 18K.02, | |
| 4455 | - | 136.23subdivision 5, and does not include the process of creating artificially derived cannabinoids. | |
| 4456 | - | 136.24Sec. 67. [342.66] HEMP-DERIVED TOPICAL PRODUCTS. | |
| 4457 | - | 136.25 Subdivision 1.Scope.This section applies to the manufacture, marketing, distribution, | |
| 4458 | - | 136.26and sale of hemp-derived topical products. | |
| 4459 | - | 136.27 Subd. 2.License; not required.No license is required to manufacture, market, distribute, | |
| 4460 | - | 136.28or sell hemp-derived topical products. | |
| 4461 | - | 136.29 Subd. 3.Approved cannabinoids.(a) Products manufactured, marketed, distributed, | |
| 4462 | - | 136.30and sold under this section may contain cannabidiol or cannabigerol. Except as provided | |
| 4463 | - | 136Article 1 Sec. 67. | |
| 4464 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 137.1in paragraph (c), products may not contain any other cannabinoid unless approved by the | |
| 4465 | - | 137.2office. | |
| 4466 | - | 137.3 (b) The office may approve any cannabinoid, other than any tetrahydrocannabinol, and | |
| 4467 | - | 137.4authorize its use in manufacturing, marketing, distribution, and sales under this section if | |
| 4468 | - | 137.5the office determines that the cannabinoid is a nonintoxicating cannabinoid. | |
| 4469 | - | 137.6 (c) A product manufactured, marketed, distributed, and sold under this section may | |
| 4470 | - | 137.7contain cannabinoids other than cannabidiol, cannabigerol, or any other cannabinoid approved | |
| 4471 | - | 137.8by the office provided that the cannabinoids are naturally occurring in hemp plants or hemp | |
| 4472 | - | 137.9plant parts and the total of all other cannabinoids present in a product does not exceed one | |
| 4473 | - | 137.10milligram per package. | |
| 4474 | - | 137.11 Subd. 4.Approved products.Products sold to consumers under this section may only | |
| 4475 | - | 137.12be manufactured, marketed, distributed, intended, or generally expected to be used by | |
| 4476 | - | 137.13applying the product externally to a part of the body of a human or animal. | |
| 4477 | - | 137.14 Subd. 5.Labeling.Hemp-derived topical products must meet the labeling requirements | |
| 4478 | - | 137.15in section 342.63, subdivision 5. | |
| 4479 | - | 137.16 Subd. 6.Prohibitions.(a) A product sold to consumers under this section must not be | |
| 4480 | - | 137.17manufactured, marketed, distributed, or intended: | |
| 4481 | - | 137.18 (1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention | |
| 4482 | - | 137.19of disease in humans or other animals; | |
| 4483 | - | 137.20 (2) to affect the structure or any function of the bodies of humans or other animals; | |
| 4484 | - | 137.21 (3) to be consumed by combustion or vaporization of the product and inhalation of | |
| 4485 | - | 137.22smoke, aerosol, or vapor from the product; | |
| 4486 | - | 137.23 (4) to be consumed through chewing; or | |
| 4487 | - | 137.24 (5) to be consumed through injection or application to a mucous membrane or nonintact | |
| 4488 | - | 137.25skin. | |
| 4489 | - | 137.26 (b) A product manufactured, marketed, distributed, or sold to consumers under this | |
| 4490 | - | 137.27section must not: | |
| 4491 | - | 137.28 (1) consist, in whole or in part, of any filthy, putrid, or decomposed substance; | |
| 4492 | - | 137.29 (2) have been produced, prepared, packed, or held under unsanitary conditions where | |
| 4493 | - | 137.30the product may have been rendered injurious to health, or where the product may have | |
| 4494 | - | 137.31been contaminated with filth; | |
| 4495 | - | 137Article 1 Sec. 67. | |
| 4496 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 138.1 (3) be packaged in a container that is composed, in whole or in part, of any poisonous | |
| 4497 | - | 138.2or deleterious substance that may render the contents injurious to health; | |
| 4498 | - | 138.3 (4) contain any additives or excipients that have been found by the United States Food | |
| 4499 | - | 138.4and Drug Administration to be unsafe for human or animal consumption; | |
| 4500 | - | 138.5 (5) contain a cannabinoid or an amount or percentage of cannabinoids that is different | |
| 4501 | - | 138.6than the information stated on the label; | |
| 4502 | - | 138.7 (6) contain a cannabinoid, other than cannabidiol, cannabigerol, or a cannabinoid | |
| 4503 | - | 138.8approved by the office, in an amount that exceeds the standard established in subdivision | |
| 4504 | - | 138.92, paragraph (c); or | |
| 4505 | - | 138.10 (7) contain any contaminants for which testing is required by the office in amounts that | |
| 4506 | - | 138.11exceed the acceptable minimum standards established by the office. | |
| 4507 | - | 138.12 (c) No product containing any cannabinoid may be sold to any individual who is under | |
| 4508 | - | 138.1321 years of age. | |
| 4509 | - | 138.14 Subd. 7.Enforcement.The office may enforce this section under the relevant provisions | |
| 4510 | - | 138.15of section 342.19, including but not limited to issuing administrative orders, embargoing | |
| 4511 | - | 138.16products, and imposing civil penalties. | |
| 4512 | - | 138.17Sec. 68. [342.67] LEGAL ASSISTANCE TO CANNABIS BUSINESSES AND HEMP | |
| 4513 | - | 138.18BUSINESSES. | |
| 4514 | - | 138.19 An attorney must not be subject to disciplinary action by the Minnesota Supreme Court | |
| 4515 | - | 138.20or professional responsibility board for providing legal assistance to prospective or licensed | |
| 4516 | - | 138.21cannabis businesses or hemp businesses, or others for activities that do not violate this | |
| 4517 | - | 138.22chapter or chapter 152. | |
| 4518 | - | 138.23Sec. 69. [342.70] CANNABIS INDUSTRY COMMUNITY RENEWAL GRANTS. | |
| 4519 | - | 138.24 Subdivision 1.Establishment.The Office of Cannabis Management shall establish | |
| 4520 | - | 138.25CanRenew, a program to award grants to eligible organizations for investments in | |
| 4521 | - | 138.26communities where long-term residents are eligible to be social equity applicants. | |
| 4522 | - | 138.27 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the | |
| 4523 | - | 138.28meanings given. | |
| 4524 | - | 138.29 (b) "Community investment" means a project or program designed to improve | |
| 4525 | - | 138.30community-wide outcomes or experiences and may include efforts targeting economic | |
| 4526 | - | 138Article 1 Sec. 69. | |
| 4527 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 139.1development, improving social determinants of health, violence prevention, youth | |
| 4528 | - | 139.2development, or civil legal aid, among others. | |
| 4529 | - | 139.3 (c) "Eligible community" means a community where long-term residents are eligible to | |
| 4530 | - | 139.4be social equity applicants. | |
| 4531 | - | 139.5 (d) "Eligible organization" means any organization able to make an investment in a | |
| 4532 | - | 139.6community where long-term residents are eligible to be social equity applicants and may | |
| 4533 | - | 139.7include educational institutions, nonprofit organizations, private businesses, community | |
| 4534 | - | 139.8groups, units of local government, or partnerships between different types of organizations. | |
| 4535 | - | 139.9 (e) "Program" means the CanRenew grant program. | |
| 4536 | - | 139.10 (f) "Social equity applicant" means a person who meets the qualification requirements | |
| 4537 | - | 139.11in section 342.17. | |
| 4538 | - | 139.12 Subd. 3.Grants to organizations.(a) The Division of Social Equity must award grants | |
| 4539 | - | 139.13to eligible organizations through a competitive grant process. | |
| 4540 | - | 139.14 (b) To receive grant money, an eligible organization must submit a written application | |
| 4541 | - | 139.15to the office, using a form developed by the office, explaining the community investment | |
| 4542 | - | 139.16the organization wants to make in an eligible community. | |
| 4543 | - | 139.17 (c) An eligible organization's grant application must also include: | |
| 4544 | - | 139.18 (1) an analysis of the community's need for the proposed investment; | |
| 4545 | - | 139.19 (2) a description of the positive impact that the proposed investment is expected to | |
| 4546 | - | 139.20generate for that community; | |
| 4547 | - | 139.21 (3) any evidence of the organization's ability to successfully achieve that positive impact; | |
| 4548 | - | 139.22 (4) any evidence of the organization's past success in making similar community | |
| 4549 | - | 139.23investments; | |
| 4550 | - | 139.24 (5) an estimate of the cost of the proposed investment; | |
| 4551 | - | 139.25 (6) the sources and amounts of any nonstate funds or in-kind contributions that will | |
| 4552 | - | 139.26supplement grant money; and | |
| 4553 | - | 139.27 (7) any additional information requested by the office. | |
| 4554 | - | 139.28 (d) In awarding grants under this subdivision, the office shall give weight to applications | |
| 4555 | - | 139.29from organizations that demonstrate a history of successful community investments, | |
| 4556 | - | 139.30particularly in geographic areas that are now eligible communities. The office shall also | |
| 4557 | - | 139Article 1 Sec. 69. | |
| 4558 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 140.1give weight to applications where there is demonstrated community support for the proposed | |
| 4559 | - | 140.2investment. The office shall fund investments in eligible communities throughout the state. | |
| 4560 | - | 140.3 Subd. 4.Program outreach.The office shall make extensive efforts to publicize these | |
| 4561 | - | 140.4grants, including through partnerships with community organizations, particularly those | |
| 4562 | - | 140.5located in eligible communities. | |
| 4563 | - | 140.6 Subd. 5.Reports to the legislature.By January 15, 2024, and each January 15 thereafter, | |
| 4564 | - | 140.7the office must submit a report to the chairs and ranking minority members of the committees | |
| 4565 | - | 140.8of the house of representatives and the senate having jurisdiction over community | |
| 4566 | - | 140.9development that details awards given through the CanRenew program and the use of grant | |
| 4567 | - | 140.10money, including any measures of successful community impact from the grants. | |
| 4568 | - | 140.11Sec. 70. [342.72] SUBSTANCE USE TREATMENT, RECOVERY, AND | |
| 4569 | - | 140.12PREVENTION GRANTS. | |
| 4570 | - | 140.13 Subdivision 1.Account established; appropriation.A substance use treatment, recovery, | |
| 4571 | - | 140.14and prevention grant account is created in the special revenue fund. Money in the account, | |
| 4572 | - | 140.15including interest earned, is appropriated to the office for the purposes specified in this | |
| 4573 | - | 140.16section. Of the amount transferred from the general fund to the account, the office may use | |
| 4574 | - | 140.17up to five percent for administrative expenses. | |
| 4575 | - | 140.18 Subd. 2.Acceptance of gifts and grants.Notwithstanding sections 16A.013 to 16A.016, | |
| 4576 | - | 140.19the office may accept money contributed by individuals and may apply for grants from | |
| 4577 | - | 140.20charitable foundations to be used for the purposes identified in this section. The money | |
| 4578 | - | 140.21accepted under this section must be deposited in the substance use treatment, recovery, and | |
| 4579 | - | 140.22prevention grant account created under subdivision 1. | |
| 4580 | - | 140.23 Subd. 3.Disposition of money; grants.(a) Money in the substance use treatment, | |
| 4581 | - | 140.24recovery, and prevention grant account must be distributed as follows: | |
| 4582 | - | 140.25 (1) at least 75 percent of the money is for grants for substance use disorder and mental | |
| 4583 | - | 140.26health recovery and prevention programs. Funds must be used for recovery and prevention | |
| 4584 | - | 140.27activities and supplies that assist individuals and families to initiate, stabilize, and maintain | |
| 4585 | - | 140.28long-term recovery from substance use disorders and co-occurring mental health conditions. | |
| 4586 | - | 140.29Recovery and prevention activities may include prevention education, school-linked | |
| 4587 | - | 140.30behavioral health, school-based peer programs, peer supports, self-care and wellness, | |
| 4588 | - | 140.31culturally specific healing, community public awareness, mutual aid networks, telephone | |
| 4589 | - | 140.32recovery checkups, mental health warmlines, harm reduction, recovery community | |
| 4590 | - | 140.33organization development, first episode psychosis programs, and recovery housing; and | |
| 4591 | - | 140Article 1 Sec. 70. | |
| 4592 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 141.1 (2) up to 25 percent of the money is for substance use disorder treatment programs as | |
| 4593 | - | 141.2defined in chapter 245G and may be used to implement, strengthen, or expand supportive | |
| 4594 | - | 141.3services and activities that are not covered by medical assistance under chapter 256B, | |
| 4595 | - | 141.4MinnesotaCare under chapter 256L, or the behavioral health fund under chapter 254B. | |
| 4596 | - | 141.5Services and activities may include adoption or expansion of evidence-based practices; | |
| 4597 | - | 141.6competency-based training; continuing education; culturally specific and culturally responsive | |
| 4598 | - | 141.7services; sober recreational activities; developing referral relationships; family preservation | |
| 4599 | - | 141.8and healing; and start-up or capacity funding for programs that specialize in adolescent, | |
| 4600 | - | 141.9culturally specific, culturally responsive, disability-specific, co-occurring disorder, or family | |
| 4601 | - | 141.10treatment services. | |
| 4602 | - | 141.11 (b) The office shall consult with the Governor's Advisory Council on Opioids, Substance | |
| 4603 | - | 141.12Use, and Addiction; the commissioner of human services; and the commissioner of health | |
| 4604 | - | 141.13to develop an appropriate application process, establish grant requirements, determine what | |
| 4605 | - | 141.14organizations are eligible to receive grants, and establish reporting requirements for grant | |
| 4606 | - | 141.15recipients. | |
| 4607 | - | 141.16 Subd. 4.Reports to the legislature.By January 15, 2024, and each January 15 thereafter, | |
| 4608 | - | 141.17the office must submit a report to the chairs and ranking minority members of the committees | |
| 4609 | - | 141.18of the house of representatives and the senate having jurisdiction over health and human | |
| 4610 | - | 141.19services policy and finance that details grants awarded from the substance use treatment, | |
| 4611 | - | 141.20recovery, and prevention grant account, including the total amount awarded, total number | |
| 4612 | - | 141.21of recipients, and geographic distribution of those recipients. | |
| 4613 | - | 141.22Sec. 71. [342.73] CANNABIS GROWER GRANTS. | |
| 4614 | - | 141.23 Subdivision 1.Establishment.The office, in consultation with the commissioner of | |
| 4615 | - | 141.24agriculture, shall establish CanGrow, a program to award grants to (1) eligible organizations | |
| 4616 | - | 141.25to help farmers navigate the regulatory structure of the legal cannabis industry, and (2) | |
| 4617 | - | 141.26nonprofit corporations to fund loans to farmers for expansion into the legal cannabis industry. | |
| 4618 | - | 141.27 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the | |
| 4619 | - | 141.28meanings given. | |
| 4620 | - | 141.29 (b) "Eligible organization" means any organization capable of helping farmers navigate | |
| 4621 | - | 141.30the regulatory structure of the legal cannabis industry, particularly individuals facing barriers | |
| 4622 | - | 141.31to education or employment, and may include educational institutions, nonprofit | |
| 4623 | - | 141.32organizations, private businesses, community groups, units of local government, or | |
| 4624 | - | 141.33partnerships between different types of organizations. | |
| 4280 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 131.1 (b) A health care practitioner found by the office to have violated this subdivision is | |
| 4281 | + | 131.2prohibited from certifying that patients have a qualifying medical condition for purposes | |
| 4282 | + | 131.3of patient participation in the registry program. A decision by the office that a health care | |
| 4283 | + | 131.4practitioner has violated this subdivision is a final decision and is not subject to the contested | |
| 4284 | + | 131.5case procedures in chapter 14. | |
| 4285 | + | 131.6Sec. 65. [342.65] INDUSTRIAL HEMP. | |
| 4286 | + | 131.7 Nothing in this chapter shall limit the ability of a person licensed under chapter 18K to | |
| 4287 | + | 131.8grow industrial hemp for commercial or research purposes, process industrial hemp for | |
| 4288 | + | 131.9commercial purposes, sell hemp fiber products and hemp grain, manufacture hemp-derived | |
| 4289 | + | 131.10topical products, or perform any other actions authorized by the commissioner of agriculture. | |
| 4290 | + | 131.11For purposes of this section, "processing" has the meaning given in section 18K.02, | |
| 4291 | + | 131.12subdivision 5, and does not include the process of creating artificially derived cannabinoids. | |
| 4292 | + | 131.13Sec. 66. [342.66] HEMP-DERIVED TOPICAL PRODUCTS. | |
| 4293 | + | 131.14 Subdivision 1.Scope.This section applies to the manufacture, marketing, distribution, | |
| 4294 | + | 131.15and sale of hemp-derived topical products. | |
| 4295 | + | 131.16 Subd. 2.License; not required.No license is required to manufacture, market, distribute, | |
| 4296 | + | 131.17or sell hemp-derived topical products. | |
| 4297 | + | 131.18 Subd. 3.Approved cannabinoids.(a) Products manufactured, marketed, distributed, | |
| 4298 | + | 131.19and sold under this section may contain cannabidiol or cannabigerol. Except as provided | |
| 4299 | + | 131.20in paragraph (c), products may not contain any other cannabinoid unless approved by the | |
| 4300 | + | 131.21office. | |
| 4301 | + | 131.22 (b) The office may approve any cannabinoid, other than any tetrahydrocannabinol, and | |
| 4302 | + | 131.23authorize its use in manufacturing, marketing, distribution, and sales under this section if | |
| 4303 | + | 131.24the office determines that the cannabinoid is a nonintoxicating cannabinoid. | |
| 4304 | + | 131.25 (c) A product manufactured, marketed, distributed, and sold under this section may | |
| 4305 | + | 131.26contain cannabinoids other than cannabidiol, cannabigerol, or any other cannabinoid approved | |
| 4306 | + | 131.27by the office provided that the cannabinoids are naturally occurring in hemp plants or hemp | |
| 4307 | + | 131.28plant parts and the total of all other cannabinoids present in a product does not exceed one | |
| 4308 | + | 131.29milligram per package. | |
| 4309 | + | 131.30 Subd. 4.Approved products.Products sold to consumers under this section may only | |
| 4310 | + | 131.31be manufactured, marketed, distributed, intended, or generally expected to be used by | |
| 4311 | + | 131.32applying the product externally to a part of the body of a human or animal. | |
| 4312 | + | 131Article 1 Sec. 66. | |
| 4313 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 132.1 Subd. 5.Labeling.Hemp-derived topical products must meet the labeling requirements | |
| 4314 | + | 132.2in section 342.63, subdivision 5. | |
| 4315 | + | 132.3 Subd. 6.Prohibitions.(a) A product sold to consumers under this section must not be | |
| 4316 | + | 132.4manufactured, marketed, distributed, or intended: | |
| 4317 | + | 132.5 (1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention | |
| 4318 | + | 132.6of disease in humans or other animals; | |
| 4319 | + | 132.7 (2) to affect the structure or any function of the bodies of humans or other animals; | |
| 4320 | + | 132.8 (3) to be consumed by combustion or vaporization of the product and inhalation of | |
| 4321 | + | 132.9smoke, aerosol, or vapor from the product; | |
| 4322 | + | 132.10 (4) to be consumed through chewing; or | |
| 4323 | + | 132.11 (5) to be consumed through injection or application to a mucous membrane or nonintact | |
| 4324 | + | 132.12skin. | |
| 4325 | + | 132.13 (b) A product manufactured, marketed, distributed, or sold to consumers under this | |
| 4326 | + | 132.14section must not: | |
| 4327 | + | 132.15 (1) consist, in whole or in part, of any filthy, putrid, or decomposed substance; | |
| 4328 | + | 132.16 (2) have been produced, prepared, packed, or held under unsanitary conditions where | |
| 4329 | + | 132.17the product may have been rendered injurious to health, or where the product may have | |
| 4330 | + | 132.18been contaminated with filth; | |
| 4331 | + | 132.19 (3) be packaged in a container that is composed, in whole or in part, of any poisonous | |
| 4332 | + | 132.20or deleterious substance that may render the contents injurious to health; | |
| 4333 | + | 132.21 (4) contain any additives or excipients that have been found by the United States Food | |
| 4334 | + | 132.22and Drug Administration to be unsafe for human or animal consumption; | |
| 4335 | + | 132.23 (5) contain a cannabinoid or an amount or percentage of cannabinoids that is different | |
| 4336 | + | 132.24than the information stated on the label; | |
| 4337 | + | 132.25 (6) contain a cannabinoid, other than cannabidiol, cannabigerol, or a cannabinoid | |
| 4338 | + | 132.26approved by the office, in an amount that exceeds the standard established in subdivision | |
| 4339 | + | 132.272, paragraph (c); or | |
| 4340 | + | 132.28 (7) contain any contaminants for which testing is required by the office in amounts that | |
| 4341 | + | 132.29exceed the acceptable minimum standards established by the office. | |
| 4342 | + | 132.30 (c) No product containing any cannabinoid may be sold to any individual who is under | |
| 4343 | + | 132.3121 years of age. | |
| 4344 | + | 132Article 1 Sec. 66. | |
| 4345 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 133.1 Subd. 7.Enforcement.The office may enforce this section under the relevant provisions | |
| 4346 | + | 133.2of section 342.19, including but not limited to issuing administrative orders, embargoing | |
| 4347 | + | 133.3products, and imposing civil penalties. | |
| 4348 | + | 133.4Sec. 67. [342.67] LEGAL ASSISTANCE TO CANNABIS BUSINESSES AND HEMP | |
| 4349 | + | 133.5BUSINESSES. | |
| 4350 | + | 133.6 An attorney must not be subject to disciplinary action by the Minnesota Supreme Court | |
| 4351 | + | 133.7or professional responsibility board for providing legal assistance to prospective or licensed | |
| 4352 | + | 133.8cannabis businesses or hemp businesses, or others for activities that do not violate this | |
| 4353 | + | 133.9chapter or chapter 152. | |
| 4354 | + | 133.10Sec. 68. [342.70] CANNABIS INDUSTRY COMMUNITY RENEWAL GRANTS. | |
| 4355 | + | 133.11 Subdivision 1.Establishment.The Office of Cannabis Management shall establish | |
| 4356 | + | 133.12CanRenew, a program to award grants to eligible organizations for investments in | |
| 4357 | + | 133.13communities where long-term residents are eligible to be social equity applicants. | |
| 4358 | + | 133.14 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the | |
| 4359 | + | 133.15meanings given. | |
| 4360 | + | 133.16 (b) "Community investment" means a project or program designed to improve | |
| 4361 | + | 133.17community-wide outcomes or experiences and may include efforts targeting economic | |
| 4362 | + | 133.18development, violence prevention, youth development, or civil legal aid, among others. | |
| 4363 | + | 133.19 (c) "Eligible community" means a community where long-term residents are eligible to | |
| 4364 | + | 133.20be social equity applicants. | |
| 4365 | + | 133.21 (d) "Eligible organization" means any organization able to make an investment in a | |
| 4366 | + | 133.22community where long-term residents are eligible to be social equity applicants and may | |
| 4367 | + | 133.23include educational institutions, nonprofit organizations, private businesses, community | |
| 4368 | + | 133.24groups, units of local government, or partnerships between different types of organizations. | |
| 4369 | + | 133.25 (e) "Program" means the CanRenew grant program. | |
| 4370 | + | 133.26 (f) "Social equity applicant" means a person who meets the qualification requirements | |
| 4371 | + | 133.27in section 342.16. | |
| 4372 | + | 133.28 Subd. 3.Grants to organizations.(a) The office must award grants to eligible | |
| 4373 | + | 133.29organizations through a competitive grant process. | |
| 4374 | + | 133Article 1 Sec. 68. | |
| 4375 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 134.1 (b) To receive grant money, an eligible organization must submit a written application | |
| 4376 | + | 134.2to the office, using a form developed by the office, explaining the community investment | |
| 4377 | + | 134.3the organization wants to make in an eligible community. | |
| 4378 | + | 134.4 (c) An eligible organization's grant application must also include: | |
| 4379 | + | 134.5 (1) an analysis of the community's need for the proposed investment; | |
| 4380 | + | 134.6 (2) a description of the positive impact that the proposed investment is expected to | |
| 4381 | + | 134.7generate for that community; | |
| 4382 | + | 134.8 (3) any evidence of the organization's ability to successfully achieve that positive impact; | |
| 4383 | + | 134.9 (4) any evidence of the organization's past success in making similar community | |
| 4384 | + | 134.10investments; | |
| 4385 | + | 134.11 (5) an estimate of the cost of the proposed investment; | |
| 4386 | + | 134.12 (6) the sources and amounts of any nonstate funds or in-kind contributions that will | |
| 4387 | + | 134.13supplement grant money; and | |
| 4388 | + | 134.14 (7) any additional information requested by the office. | |
| 4389 | + | 134.15 (d) In awarding grants under this subdivision, the office shall give weight to applications | |
| 4390 | + | 134.16from organizations that demonstrate a history of successful community investments, | |
| 4391 | + | 134.17particularly in geographic areas that are now eligible communities. The office shall also | |
| 4392 | + | 134.18give weight to applications where there is demonstrated community support for the proposed | |
| 4393 | + | 134.19investment. The office shall fund investments in eligible communities throughout the state. | |
| 4394 | + | 134.20 Subd. 4.Program outreach.The office shall make extensive efforts to publicize these | |
| 4395 | + | 134.21grants, including through partnerships with community organizations, particularly those | |
| 4396 | + | 134.22located in eligible communities. | |
| 4397 | + | 134.23 Subd. 5.Reports to the legislature.By January 15, 2024, and each January 15 thereafter, | |
| 4398 | + | 134.24the office must submit a report to the chairs and ranking minority members of the committees | |
| 4399 | + | 134.25of the house of representatives and the senate having jurisdiction over community | |
| 4400 | + | 134.26development that details awards given through the CanRenew program and the use of grant | |
| 4401 | + | 134.27money, including any measures of successful community impact from the grants. | |
| 4402 | + | 134.28Sec. 69. [342.72] SUBSTANCE USE TREATMENT, RECOVERY, AND | |
| 4403 | + | 134.29PREVENTION GRANTS. | |
| 4404 | + | 134.30 Subdivision 1.Account established; appropriation.A substance use treatment, recovery, | |
| 4405 | + | 134.31and prevention grant account is created in the special revenue fund. Money in the account, | |
| 4406 | + | 134Article 1 Sec. 69. | |
| 4407 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 135.1including interest earned, is appropriated to the office for the purposes specified in this | |
| 4408 | + | 135.2section. Of the amount transferred from the general fund to the account, the office may use | |
| 4409 | + | 135.3up to three percent for administrative expenses. | |
| 4410 | + | 135.4 Subd. 2.Acceptance of gifts and grants.Notwithstanding sections 16A.013 to 16A.016, | |
| 4411 | + | 135.5the office may accept money contributed by individuals and may apply for grants from | |
| 4412 | + | 135.6charitable foundations to be used for the purposes identified in this section. The money | |
| 4413 | + | 135.7accepted under this section must be deposited in the substance use treatment, recovery, and | |
| 4414 | + | 135.8prevention grant account created under subdivision 1. | |
| 4415 | + | 135.9 Subd. 3.Disposition of money; grants.(a) Money in the substance use treatment, | |
| 4416 | + | 135.10recovery, and prevention grant account must be distributed as follows: | |
| 4417 | + | 135.11 (1) at least 75 percent of the money is for grants for substance use disorder and mental | |
| 4418 | + | 135.12health recovery and prevention programs. Funds must be used for recovery and prevention | |
| 4419 | + | 135.13activities and supplies that assist individuals and families to initiate, stabilize, and maintain | |
| 4420 | + | 135.14long-term recovery from substance use disorders and co-occurring mental health conditions. | |
| 4421 | + | 135.15Recovery and prevention activities may include prevention education, school-linked | |
| 4422 | + | 135.16behavioral health, school-based peer programs, peer supports, self-care and wellness, | |
| 4423 | + | 135.17culturally-specific healing, community public awareness, mutual aid networks, telephone | |
| 4424 | + | 135.18recovery checkups, mental health warm lines, harm reduction, recovery community | |
| 4425 | + | 135.19organization development, first episode psychosis programs, and recovery housing; and | |
| 4426 | + | 135.20 (2) up to 25 percent of the money is for substance use disorder treatment programs, as | |
| 4427 | + | 135.21defined in chapter 245G and may be used to implement, strengthen, or expand supportive | |
| 4428 | + | 135.22services and activities that are not covered by Medical Assistance under chapter 256B, | |
| 4429 | + | 135.23MinnesotaCare under chapter 256L, or the behavioral health fund under chapter 254B. | |
| 4430 | + | 135.24Services and activities may include the adoption or expansion of evidence-based practices, | |
| 4431 | + | 135.25competency-based training, continuing education, culturally-specific and | |
| 4432 | + | 135.26culturally-responsive services, sober recreational activities, developing referral relationships, | |
| 4433 | + | 135.27family preservation and healing, and start-up or capacity funding for programs that specialize | |
| 4434 | + | 135.28in adolescent, culturally-specific, culturally-responsive, disability-specific, co-occurring | |
| 4435 | + | 135.29disorder, or family treatment services. | |
| 4436 | + | 135.30 (b) The office shall consult with the commissioner of human services, the commissioner | |
| 4437 | + | 135.31of health, the Governor's Advisory Council on Opioids, Substance Use, and Addiction, and | |
| 4438 | + | 135.32the Substance Use Disorder Advisory Council to develop an appropriate application process, | |
| 4439 | + | 135.33establish grant requirements, determine what organizations are eligible to receive grants, | |
| 4440 | + | 135.34and establish reporting requirements for grant recipients. | |
| 4441 | + | 135Article 1 Sec. 69. | |
| 4442 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 136.1 Subd. 4.Reports to the legislature.By January 15, 2024, and each January 15 thereafter, | |
| 4443 | + | 136.2the office must submit a report to the chairs and ranking minority members of the committees | |
| 4444 | + | 136.3of the house of representatives and the senate having jurisdiction over health and human | |
| 4445 | + | 136.4services policy and finance that details grants awarded from the substance use treatment, | |
| 4446 | + | 136.5recovery, and prevention grant account, including the total amount awarded, total number | |
| 4447 | + | 136.6of recipients, and geographic distribution of those recipients. | |
| 4448 | + | 136.7Sec. 70. [342.73] CANNABIS GROWER GRANTS. | |
| 4449 | + | 136.8 Subdivision 1.Establishment.The office, in consultation with the commissioner of | |
| 4450 | + | 136.9agriculture, shall establish CanGrow, a program to award grants to (1) eligible organizations | |
| 4451 | + | 136.10to help farmers navigate the regulatory structure of the legal cannabis industry, and (2) | |
| 4452 | + | 136.11nonprofit corporations to fund loans to farmers for expansion into the legal cannabis industry. | |
| 4453 | + | 136.12 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the | |
| 4454 | + | 136.13meanings given. | |
| 4455 | + | 136.14 (b) "Eligible organization" means any organization capable of helping farmers navigate | |
| 4456 | + | 136.15the regulatory structure of the legal cannabis industry, particularly individuals facing barriers | |
| 4457 | + | 136.16to education or employment, and may include educational institutions, nonprofit | |
| 4458 | + | 136.17organizations, private businesses, community groups, units of local government, or | |
| 4459 | + | 136.18partnerships between different types of organizations. | |
| 4460 | + | 136.19 (c) "Industry" means the legal cannabis industry in the state of Minnesota. | |
| 4461 | + | 136.20 (d) "Program" means the CanGrow grant program. | |
| 4462 | + | 136.21 (e) "Social equity applicant" means a person who meets the qualification requirements | |
| 4463 | + | 136.22in section 342.16. | |
| 4464 | + | 136.23 Subd. 3.Technical assistance grants.(a) Grant money awarded to eligible organizations | |
| 4465 | + | 136.24may be used for both developing technical assistance resources relevant to the regulatory | |
| 4466 | + | 136.25structure of the legal cannabis industry and for providing such technical assistance or | |
| 4467 | + | 136.26navigation services to farmers. | |
| 4468 | + | 136.27 (b) The office must award grants to eligible organizations through a competitive grant | |
| 4469 | + | 136.28process. | |
| 4470 | + | 136.29 (c) To receive grant money, an eligible organization must submit a written application | |
| 4471 | + | 136.30to the office, using a form developed by the office, explaining the organization's ability to | |
| 4472 | + | 136.31assist farmers in navigating the regulatory structure of the legal cannabis industry, particularly | |
| 4473 | + | 136.32farmers facing barriers to education or employment. | |
| 4474 | + | 136Article 1 Sec. 70. | |
| 4475 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 137.1 (d) An eligible organization's grant application must also include: | |
| 4476 | + | 137.2 (1) a description of the proposed technical assistance or navigation services, including | |
| 4477 | + | 137.3the types of farmers targeted for assistance; | |
| 4478 | + | 137.4 (2) any evidence of the organization's past success in providing technical assistance or | |
| 4479 | + | 137.5navigation services to farmers, particularly farmers who live in areas where long-term | |
| 4480 | + | 137.6residents are eligible to be social equity applicants; | |
| 4481 | + | 137.7 (3) an estimate of the cost of providing the technical assistance; | |
| 4482 | + | 137.8 (4) the sources and amounts of any nonstate funds or in-kind contributions that will | |
| 4483 | + | 137.9supplement grant money, including any amounts that farmers will be charged to receive | |
| 4484 | + | 137.10assistance; and | |
| 4485 | + | 137.11 (5) any additional information requested by the office. | |
| 4486 | + | 137.12 (e) In awarding grants under this subdivision, the office shall give weight to applications | |
| 4487 | + | 137.13from organizations that demonstrate a history of successful technical assistance or navigation | |
| 4488 | + | 137.14services, particularly for farmers facing barriers to education or employment. The office | |
| 4489 | + | 137.15shall also give weight to applications where the proposed technical assistance will serve | |
| 4490 | + | 137.16areas where long-term residents are eligible to be social equity applicants. The office shall | |
| 4491 | + | 137.17fund technical assistance to farmers throughout the state. | |
| 4492 | + | 137.18 Subd. 4.Loan financing grants.(a) The office shall establish a revolving loan account | |
| 4493 | + | 137.19to make loan financing grants under the CanGrow program. | |
| 4494 | + | 137.20 (b) The office must award grants to nonprofit corporations through a competitive grant | |
| 4495 | + | 137.21process. When selecting grant recipients under this subdivision, the office must utilize the | |
| 4496 | + | 137.22expertise of an employee of the office who is experienced in agricultural business | |
| 4497 | + | 137.23development. | |
| 4498 | + | 137.24 (c) To receive grant money, a nonprofit corporation must submit a written application | |
| 4499 | + | 137.25to the office using a form developed by the office. | |
| 4500 | + | 137.26 (d) In awarding grants under this subdivision, the office shall give weight to whether | |
| 4501 | + | 137.27the nonprofit corporation: | |
| 4502 | + | 137.28 (1) has a board of directors that includes individuals experienced in agricultural business | |
| 4503 | + | 137.29development; | |
| 4504 | + | 137.30 (2) has the technical skills to analyze projects; | |
| 4505 | + | 137.31 (3) is familiar with other available public and private funding sources and economic | |
| 4506 | + | 137.32development programs; | |
| 4507 | + | 137Article 1 Sec. 70. | |
| 4508 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 138.1 (4) can initiate and implement economic development projects; | |
| 4509 | + | 138.2 (5) can establish and administer a revolving loan account; and | |
| 4510 | + | 138.3 (6) has established relationships with communities where long-term residents are eligible | |
| 4511 | + | 138.4to be social equity applicants. | |
| 4512 | + | 138.5The office shall make grants that will help farmers enter the legal cannabis industry | |
| 4513 | + | 138.6throughout the state. | |
| 4514 | + | 138.7 (e) A nonprofit corporation that receives grants under the program must: | |
| 4515 | + | 138.8 (1) establish an office-certified revolving loan account for the purpose of making eligible | |
| 4516 | + | 138.9loans; and | |
| 4517 | + | 138.10 (2) enter into an agreement with the office that the office shall fund loans that the | |
| 4518 | + | 138.11nonprofit corporation makes to farmers entering the legal cannabis industry. The office shall | |
| 4519 | + | 138.12review existing agreements with nonprofit corporations every five years and may renew or | |
| 4520 | + | 138.13terminate an agreement based on that review. In making this review, the office shall consider, | |
| 4521 | + | 138.14among other criteria, the criteria in paragraph (d). | |
| 4522 | + | 138.15 Subd. 5.Loans to farmers.(a) The criteria in this subdivision apply to loans made by | |
| 4523 | + | 138.16nonprofit corporations under the program. | |
| 4524 | + | 138.17 (b) A loan must be used to support a farmer in entering the legal cannabis industry. | |
| 4525 | + | 138.18Priority must be given to loans to businesses owned by farmers who are eligible to be social | |
| 4526 | + | 138.19equity applicants and businesses located in communities where long-term residents are | |
| 4527 | + | 138.20eligible to be social equity applicants. | |
| 4528 | + | 138.21 (c) Loans must be made to businesses that are not likely to undertake the project for | |
| 4529 | + | 138.22which loans are sought without assistance from the program. | |
| 4530 | + | 138.23 (d) The minimum state contribution to a loan is $2,500 and the maximum is either: | |
| 4531 | + | 138.24 (1) $50,000; or | |
| 4532 | + | 138.25 (2) $150,000, if state contributions are matched by an equal or greater amount of new | |
| 4533 | + | 138.26private investment. | |
| 4534 | + | 138.27 (e) Loan applications given preliminary approval by the nonprofit corporation must be | |
| 4535 | + | 138.28forwarded to the office for approval. The office must give final approval for each loan made | |
| 4536 | + | 138.29by the nonprofit corporation under the program. | |
| 4537 | + | 138Article 1 Sec. 70. | |
| 4538 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 139.1 (f) If the borrower has met lender criteria, including being current with all payments for | |
| 4539 | + | 139.2a minimum of three years, the office may approve either full or partial forgiveness of interest | |
| 4540 | + | 139.3or principal amounts. | |
| 4541 | + | 139.4 Subd. 6.Revolving loan account administration.(a) The office shall establish a | |
| 4542 | + | 139.5minimum interest rate for loans or guarantees to ensure that necessary loan administration | |
| 4543 | + | 139.6costs are covered. The interest rate charged by a nonprofit corporation for a loan under this | |
| 4544 | + | 139.7section must not exceed the Wall Street Journal prime rate. For a loan under this section, | |
| 4545 | + | 139.8the nonprofit corporation may charge a loan origination fee equal to or less than one percent | |
| 4546 | + | 139.9of the loan value. The nonprofit corporation may retain the amount of the origination fee. | |
| 4547 | + | 139.10 (b) Loan repayment of principal must be paid to the office for deposit in the revolving | |
| 4548 | + | 139.11loan account. Loan interest payments must be deposited in a revolving loan account created | |
| 4549 | + | 139.12by the nonprofit corporation originating the loan being repaid for further distribution or use, | |
| 4550 | + | 139.13consistent with the criteria of this section. | |
| 4551 | + | 139.14 (c) Administrative expenses of the nonprofit corporations with whom the office enters | |
| 4552 | + | 139.15into agreements, including expenses incurred by a nonprofit corporation in providing | |
| 4553 | + | 139.16financial, technical, managerial, and marketing assistance to a business receiving a loan | |
| 4554 | + | 139.17under this section, are eligible program expenses that the office may agree to pay under the | |
| 4555 | + | 139.18grant agreement. | |
| 4556 | + | 139.19 Subd. 7.Program outreach.The office shall make extensive efforts to publicize these | |
| 4557 | + | 139.20grants, including through partnerships with community organizations, particularly those | |
| 4558 | + | 139.21located in areas where long-term residents are eligible to be social equity applicants. | |
| 4559 | + | 139.22 Subd. 8.Reporting requirements.(a) A nonprofit corporation that receives a grant | |
| 4560 | + | 139.23under subdivision 4 shall: | |
| 4561 | + | 139.24 (1) submit an annual report to the office by January 15 of each year that the nonprofit | |
| 4562 | + | 139.25corporation participates in the program that includes a description of agricultural businesses | |
| 4563 | + | 139.26supported by the grant program, an account of loans made during the calendar year, the | |
| 4564 | + | 139.27program's impact on farmers' ability to expand into the legal cannabis industry, the source | |
| 4565 | + | 139.28and amount of money collected and distributed by the program, the program's assets and | |
| 4566 | + | 139.29liabilities, and an explanation of administrative expenses; and | |
| 4567 | + | 139.30 (2) provide for an independent annual audit to be performed in accordance with generally | |
| 4568 | + | 139.31accepted accounting practices and auditing standards and submit a copy of each annual | |
| 4569 | + | 139.32audit report to the office. | |
| 4570 | + | 139Article 1 Sec. 70. | |
| 4571 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 140.1 (b) By February 15, 2024, and each February 15 thereafter, the office must submit a | |
| 4572 | + | 140.2report to the chairs and ranking minority members of the committees of the house of | |
| 4573 | + | 140.3representatives and the senate having jurisdiction over agriculture that details awards given | |
| 4574 | + | 140.4through the CanGrow program and the use of grant money, including any measures of | |
| 4575 | + | 140.5success toward helping farmers enter the legal cannabis industry. | |
| 4576 | + | 140.6Sec. 71. [342.79] SUBSTANCE USE DISORDER ADVISORY COUNCIL. | |
| 4577 | + | 140.7 Subdivision 1.Establishment.The Substance Use Disorder Advisory Council is | |
| 4578 | + | 140.8established to develop and implement a comprehensive and effective statewide approach | |
| 4579 | + | 140.9to substance use disorder prevention and treatment. The council shall: | |
| 4580 | + | 140.10 (1) establish priorities to address public education and substance use disorder prevention | |
| 4581 | + | 140.11and treatment needs; | |
| 4582 | + | 140.12 (2) make recommendations to the legislature on the amount of money to be allocated | |
| 4583 | + | 140.13for substance use disorder prevention and treatment initiatives; | |
| 4584 | + | 140.14 (3) make recommendations to the commissioner of human services on grant and funding | |
| 4585 | + | 140.15options for money appropriated from the general fund to the commissioner of human services | |
| 4586 | + | 140.16for substance use disorder prevention and treatment; | |
| 4587 | + | 140.17 (4) recommend to the commissioner of human services specific programs, projects, and | |
| 4588 | + | 140.18initiatives to be funded; and | |
| 4589 | + | 140.19 (5) consult with the commissioners of human services, health, and management and | |
| 4590 | + | 140.20budget to develop measurable outcomes to determine the effectiveness of programs, projects, | |
| 4591 | + | 140.21and initiatives funded. | |
| 4592 | + | 140.22 Subd. 2.Membership.(a) The council shall consist of the following members, appointed | |
| 4593 | + | 140.23by the commissioner of human services, except as otherwise specified: | |
| 4594 | + | 140.24 (1) two members of the house of representatives, one from the majority party appointed | |
| 4595 | + | 140.25by the speaker and one from the minority party appointed by the minority leader of the | |
| 4596 | + | 140.26house of representatives; | |
| 4597 | + | 140.27 (2) two members of the senate, one from the majority party appointed by the senate | |
| 4598 | + | 140.28majority leader and one from the minority party appointed by the senate minority leader; | |
| 4599 | + | 140.29 (3) the commissioner of human services or a designee; | |
| 4600 | + | 140.30 (4) the director of the Office of Cannabis Management or a designee; | |
| 4601 | + | 140Article 1 Sec. 71. | |
| 4602 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 141.1 (5) two members representing substance use disorder treatment programs licensed under | |
| 4603 | + | 141.2chapter 245G; | |
| 4604 | + | 141.3 (6) one public member who is a Minnesota resident and in recovery from a substance | |
| 4605 | + | 141.4use disorder; | |
| 4606 | + | 141.5 (7) one public member who is a family member of a person with a substance use disorder; | |
| 4607 | + | 141.6 (8) one member who is a physician with experience in substance use disorders; | |
| 4608 | + | 141.7 (9) one member who is a licensed psychologist, licensed professional clinical counselor, | |
| 4609 | + | 141.8licensed marriage and family therapist, or licensed social worker; | |
| 4610 | + | 141.9 (10) one member of each federally recognized Tribal Nation within the geographical | |
| 4611 | + | 141.10boundaries of the state of Minnesota; | |
| 4612 | + | 141.11 (11) one mental health advocate representing persons with mental illness; | |
| 4613 | + | 141.12 (12) one member representing county social services agencies; | |
| 4614 | + | 141.13 (13) one patient advocate; | |
| 4615 | + | 141.14 (14) a representative from a community that experienced a disproportionate, negative | |
| 4616 | + | 141.15impact from cannabis prohibition; | |
| 4617 | + | 141.16 (15) one veteran; and | |
| 4618 | + | 141.17 (16) one parent of a medical cannabis patient who is under age 21. | |
| 4619 | + | 141.18 (b) The commissioner of human services shall coordinate appointments to ensure the | |
| 4620 | + | 141.19geographic diversity of council members and shall ensure that at least one-third of council | |
| 4621 | + | 141.20members reside outside of the seven-county metropolitan area. | |
| 4622 | + | 141.21 (c) The council is governed by section 15.059, except that members of the council shall | |
| 4623 | + | 141.22receive no compensation other than reimbursement for expenses. Notwithstanding section | |
| 4624 | + | 141.2315.059, subdivision 6, the council shall not expire. | |
| 4625 | + | 141.24 (d) The chair shall convene the council on a quarterly basis and may convene other | |
| 4626 | + | 141.25meetings as necessary. The chair shall convene meetings at different locations in the state | |
| 4627 | + | 141.26to provide geographic access to members of the public. | |
| 4628 | + | 141.27 (e) The commissioner of human services shall provide staff and administrative services | |
| 4629 | + | 141.28for the advisory council. | |
| 4630 | + | 141.29 (f) The council is subject to chapter 13D. | |
| 4625 | 4631 | 141Article 1 Sec. 71. | |
| 4626 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 142.1 (c) "Industry" means the legal cannabis industry in the state of Minnesota. | |
| 4627 | - | 142.2 (d) "Program" means the CanGrow grant program. | |
| 4628 | - | 142.3 (e) "Social equity applicant" means a person who meets the qualification requirements | |
| 4629 | - | 142.4in section 342.17. | |
| 4630 | - | 142.5 Subd. 3.Technical assistance grants.(a) Grant money awarded to eligible organizations | |
| 4631 | - | 142.6may be used for both developing technical assistance resources relevant to the regulatory | |
| 4632 | - | 142.7structure of the legal cannabis industry and for providing such technical assistance or | |
| 4633 | - | 142.8navigation services to farmers. | |
| 4634 | - | 142.9 (b) The office must award grants to eligible organizations through a competitive grant | |
| 4635 | - | 142.10process. | |
| 4636 | - | 142.11 (c) To receive grant money, an eligible organization must submit a written application | |
| 4637 | - | 142.12to the office, using a form developed by the office, explaining the organization's ability to | |
| 4638 | - | 142.13assist farmers in navigating the regulatory structure of the legal cannabis industry, particularly | |
| 4639 | - | 142.14farmers facing barriers to education or employment. | |
| 4640 | - | 142.15 (d) An eligible organization's grant application must also include: | |
| 4641 | - | 142.16 (1) a description of the proposed technical assistance or navigation services, including | |
| 4642 | - | 142.17the types of farmers targeted for assistance; | |
| 4643 | - | 142.18 (2) any evidence of the organization's past success in providing technical assistance or | |
| 4644 | - | 142.19navigation services to farmers, particularly farmers who live in areas where long-term | |
| 4645 | - | 142.20residents are eligible to be social equity applicants; | |
| 4646 | - | 142.21 (3) an estimate of the cost of providing the technical assistance; | |
| 4647 | - | 142.22 (4) the sources and amounts of any nonstate funds or in-kind contributions that will | |
| 4648 | - | 142.23supplement grant money, including any amounts that farmers will be charged to receive | |
| 4649 | - | 142.24assistance; and | |
| 4650 | - | 142.25 (5) any additional information requested by the office. | |
| 4651 | - | 142.26 (e) In awarding grants under this subdivision, the office shall give weight to applications | |
| 4652 | - | 142.27from organizations that demonstrate a history of successful technical assistance or navigation | |
| 4653 | - | 142.28services, particularly for farmers facing barriers to education or employment. The office | |
| 4654 | - | 142.29shall also give weight to applications where the proposed technical assistance will serve | |
| 4655 | - | 142.30areas where long-term residents are eligible to be social equity applicants. The office shall | |
| 4656 | - | 142.31fund technical assistance to farmers throughout the state. | |
| 4657 | - | 142Article 1 Sec. 71. | |
| 4658 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 143.1 Subd. 4.Loan financing grants.(a) The CanGrow revolving loan account is established | |
| 4659 | - | 143.2in the special revenue fund. Money in the account, including interest, is appropriated to the | |
| 4660 | - | 143.3commissioner to make loan financing grants under the CanGrow program. | |
| 4661 | - | 143.4 (b) The office must award grants to nonprofit corporations through a competitive grant | |
| 4662 | - | 143.5process. | |
| 4663 | - | 143.6 (c) To receive grant money, a nonprofit corporation must submit a written application | |
| 4664 | - | 143.7to the office using a form developed by the office. | |
| 4665 | - | 143.8 (d) In awarding grants under this subdivision, the office shall give weight to whether | |
| 4666 | - | 143.9the nonprofit corporation: | |
| 4667 | - | 143.10 (1) has a board of directors that includes individuals experienced in agricultural business | |
| 4668 | - | 143.11development; | |
| 4669 | - | 143.12 (2) has the technical skills to analyze projects; | |
| 4670 | - | 143.13 (3) is familiar with other available public and private funding sources and economic | |
| 4671 | - | 143.14development programs; | |
| 4672 | - | 143.15 (4) can initiate and implement economic development projects; | |
| 4673 | - | 143.16 (5) can establish and administer a revolving loan account; and | |
| 4674 | - | 143.17 (6) has established relationships with communities where long-term residents are eligible | |
| 4675 | - | 143.18to be social equity applicants. | |
| 4676 | - | 143.19The office shall make grants that will help farmers enter the legal cannabis industry | |
| 4677 | - | 143.20throughout the state. | |
| 4678 | - | 143.21 (e) A nonprofit corporation that receives grants under the program must: | |
| 4679 | - | 143.22 (1) establish an office-certified revolving loan account for the purpose of making eligible | |
| 4680 | - | 143.23loans; and | |
| 4681 | - | 143.24 (2) enter into an agreement with the office that the office shall fund loans that the | |
| 4682 | - | 143.25nonprofit corporation makes to farmers entering the legal cannabis industry. The office shall | |
| 4683 | - | 143.26review existing agreements with nonprofit corporations every five years and may renew or | |
| 4684 | - | 143.27terminate an agreement based on that review. In making this review, the office shall consider, | |
| 4685 | - | 143.28among other criteria, the criteria in paragraph (d). | |
| 4686 | - | 143.29 Subd. 5.Loans to farmers.(a) The criteria in this subdivision apply to loans made by | |
| 4687 | - | 143.30nonprofit corporations under the program. | |
| 4688 | - | 143Article 1 Sec. 71. | |
| 4689 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 144.1 (b) A loan must be used to support a farmer in entering the legal cannabis industry. | |
| 4690 | - | 144.2Priority must be given to loans to businesses owned by farmers who are eligible to be social | |
| 4691 | - | 144.3equity applicants and businesses located in communities where long-term residents are | |
| 4692 | - | 144.4eligible to be social equity applicants. | |
| 4693 | - | 144.5 (c) Loans must be made to businesses that are not likely to undertake the project for | |
| 4694 | - | 144.6which loans are sought without assistance from the program. | |
| 4695 | - | 144.7 (d) The minimum state contribution to a loan is $2,500 and the maximum is either: | |
| 4696 | - | 144.8 (1) $50,000; or | |
| 4697 | - | 144.9 (2) $150,000, if state contributions are matched by an equal or greater amount of new | |
| 4698 | - | 144.10private investment. | |
| 4699 | - | 144.11 (e) Loan applications given preliminary approval by the nonprofit corporation must be | |
| 4700 | - | 144.12forwarded to the office for approval. The office must give final approval for each loan made | |
| 4701 | - | 144.13by the nonprofit corporation under the program. | |
| 4702 | - | 144.14 (f) If the borrower has met lender criteria, including being current with all payments for | |
| 4703 | - | 144.15a minimum of three years, the office may approve either full or partial forgiveness of interest | |
| 4704 | - | 144.16or principal amounts. | |
| 4705 | - | 144.17 Subd. 6.Revolving loan account administration.(a) The office shall establish a | |
| 4706 | - | 144.18minimum interest rate for loans or guarantees to ensure that necessary loan administration | |
| 4707 | - | 144.19costs are covered. The interest rate charged by a nonprofit corporation for a loan under this | |
| 4708 | - | 144.20section must not exceed the Wall Street Journal prime rate. For a loan under this section, | |
| 4709 | - | 144.21the nonprofit corporation may charge a loan origination fee equal to or less than one percent | |
| 4710 | - | 144.22of the loan value. The nonprofit corporation may retain the amount of the origination fee. | |
| 4711 | - | 144.23 (b) Loan repayment of principal must be paid to the office for deposit in the CanGrow | |
| 4712 | - | 144.24revolving loan account. Loan interest payments must be deposited in a revolving loan | |
| 4713 | - | 144.25account created by the nonprofit corporation originating the loan being repaid for further | |
| 4714 | - | 144.26distribution or use, consistent with the criteria of this section. | |
| 4715 | - | 144.27 (c) Administrative expenses of the nonprofit corporations with whom the office enters | |
| 4716 | - | 144.28into agreements, including expenses incurred by a nonprofit corporation in providing | |
| 4717 | - | 144.29financial, technical, managerial, and marketing assistance to a business receiving a loan | |
| 4718 | - | 144.30under this section, are eligible program expenses that the office may agree to pay under the | |
| 4719 | - | 144.31grant agreement. | |
| 4720 | - | 144Article 1 Sec. 71. | |
| 4721 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 145.1 Subd. 7.Program outreach.The office shall make extensive efforts to publicize these | |
| 4722 | - | 145.2grants, including through partnerships with community organizations, particularly those | |
| 4723 | - | 145.3located in areas where long-term residents are eligible to be social equity applicants. | |
| 4724 | - | 145.4 Subd. 8.Reporting requirements.(a) A nonprofit corporation that receives a grant | |
| 4725 | - | 145.5under subdivision 4 shall: | |
| 4726 | - | 145.6 (1) submit an annual report to the office by January 15 of each year that the nonprofit | |
| 4727 | - | 145.7corporation participates in the program that includes a description of agricultural businesses | |
| 4728 | - | 145.8supported by the grant program, an account of loans made during the calendar year, the | |
| 4729 | - | 145.9program's impact on farmers' ability to expand into the legal cannabis industry, the source | |
| 4730 | - | 145.10and amount of money collected and distributed by the program, the program's assets and | |
| 4731 | - | 145.11liabilities, and an explanation of administrative expenses; and | |
| 4732 | - | 145.12 (2) provide for an independent annual audit to be performed in accordance with generally | |
| 4733 | - | 145.13accepted accounting practices and auditing standards and submit a copy of each annual | |
| 4734 | - | 145.14audit report to the office. | |
| 4735 | - | 145.15 (b) By February 15, 2024, and each February 15 thereafter, the office must submit a | |
| 4736 | - | 145.16report to the chairs and ranking minority members of the committees of the house of | |
| 4737 | - | 145.17representatives and the senate having jurisdiction over agriculture that details awards given | |
| 4738 | - | 145.18through the CanGrow program and the use of grant money, including any measures of | |
| 4739 | - | 145.19success toward helping farmers enter the legal cannabis industry. The report must include | |
| 4740 | - | 145.20geographic information regarding the issuance of grants and loans under this section, the | |
| 4741 | - | 145.21repayment rate of loans issued under subdivision 5, and a summary of the amount of loans | |
| 4742 | - | 145.22forgiven. | |
| 4743 | - | 145.23Sec. 72. [342.80] LAWFUL ACTIVITIES. | |
| 4744 | - | 145.24 (a) Notwithstanding any law to the contrary, the cultivation, manufacturing, possessing, | |
| 4745 | - | 145.25and selling of cannabis flower, cannabis products, artificially derived cannabinoids, | |
| 4746 | - | 145.26lower-potency hemp edibles, and hemp-derived consumer products by a licensed cannabis | |
| 4747 | - | 145.27business or hemp business in conformity with the rights granted by a cannabis business | |
| 4748 | - | 145.28license or hemp business license is lawful and may not be the grounds for the seizure or | |
| 4749 | - | 145.29forfeiture of property, arrest or prosecution, or search or inspections except as provided by | |
| 4750 | - | 145.30this chapter. | |
| 4751 | - | 145.31 (b) A person acting as an agent of a cannabis microbusiness, cannabis mezzobusiness, | |
| 4752 | - | 145.32cannabis retailer, or lower-potency hemp edible retailer who sells or otherwise transfers | |
| 4753 | - | 145.33cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 4754 | - | 145Article 1 Sec. 72. | |
| 4755 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 146.1products to a person under 21 years of age is not subject to arrest, prosecution, or forfeiture | |
| 4756 | - | 146.2of property if the person complied with section 342.27, subdivision 4, and any rules | |
| 4757 | - | 146.3promulgated pursuant to this chapter. | |
| 4758 | - | 146.4Sec. 73. [342.81] CIVIL ACTIONS. | |
| 4759 | - | 146.5 Subdivision 1.Right of action.A spouse, child, parent, guardian, employer, or other | |
| 4760 | - | 146.6person injured in person, property, or means of support or who incurs other pecuniary loss | |
| 4761 | - | 146.7by an intoxicated person or by the intoxication of another person, has a right of action in | |
| 4762 | - | 146.8the person's own name for all damages sustained against a person who caused the intoxication | |
| 4763 | - | 146.9of that person by illegally selling cannabis flower, cannabis products, lower-potency hemp | |
| 4764 | - | 146.10edibles, or hemp-derived consumer products, or selling edible cannabinoid products as | |
| 4765 | - | 146.11defined in section 151.72, subdivision 1, paragraph (f), for on-site consumption. All damages | |
| 4766 | - | 146.12recovered by a minor under this section must be paid either to the minor or to the minor's | |
| 4767 | - | 146.13parent, guardian, or next friend as the court directs. | |
| 4768 | - | 146.14 Subd. 2.Actions.All suits for damages under this section must be by civil action in a | |
| 4769 | - | 146.15court of this state having jurisdiction. | |
| 4770 | - | 146.16 Subd. 3.Comparative negligence.Actions under this section are governed by section | |
| 4771 | - | 146.17604.01. | |
| 4772 | - | 146.18 Subd. 4.Defense.It is a defense for the defendant to prove by a preponderance of the | |
| 4773 | - | 146.19evidence that the defendant reasonably and in good faith relied upon representations of | |
| 4774 | - | 146.20proof of age in selling, bartering, furnishing, or giving the cannabis flower, cannabis products, | |
| 4775 | - | 146.21lower-potency hemp edibles, hemp-derived consumer products, or edible cannabinoid | |
| 4776 | - | 146.22products. | |
| 4777 | - | 146.23 Subd. 5.Common law claims.Nothing in this chapter precludes common law tort claims | |
| 4778 | - | 146.24against any person 21 years old or older who knowingly provides or furnishes cannabis | |
| 4779 | - | 146.25flower, cannabis products, lower-potency hemp edibles, hemp-derived consumer products, | |
| 4780 | - | 146.26or edible cannabinoid products to a person under the age of 21 years. | |
| 4781 | - | 146.27Sec. 74. [342.82] NUISANCE; ACTION. | |
| 4782 | - | 146.28 Subdivision 1.Nuisance.Any use of adult-use cannabis flower which is injurious to | |
| 4783 | - | 146.29health, indecent or offensive to the senses, or an obstruction to the free use of property so | |
| 4784 | - | 146.30as to interfere with the comfortable enjoyment of life or property is a nuisance. | |
| 4785 | - | 146.31 Subd. 2.Actions; landlord; association.(a) A person who is injuriously affected or | |
| 4786 | - | 146.32whose personal enjoyment is lessened by a nuisance under subdivision 1 may bring an | |
| 4787 | - | 146Article 1 Sec. 74. | |
| 4788 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 147.1action for injunctive relief and the greater of the person's actual damages or a civil penalty | |
| 4789 | - | 147.2of $250. | |
| 4790 | - | 147.3 (b) If a landlord, as defined in section 504B.001, subdivision 7, or an association, as | |
| 4791 | - | 147.4defined in section 515B.1-103, clause (4), fails to enforce the terms of a lease, governing | |
| 4792 | - | 147.5document, or policy related to the use of adult-use cannabis flower on the premises or | |
| 4793 | - | 147.6property, a person who is injuriously affected or whose personal enjoyment is lessened by | |
| 4794 | - | 147.7a nuisance under subdivision 1 as a result of the failure to enforce the terms may bring an | |
| 4795 | - | 147.8action against the landlord or association seeking injunctive relief and the greater of the | |
| 4796 | - | 147.9person's actual damages or a civil penalty of $500. | |
| 4797 | - | 147.10 EFFECTIVE DATE.This section is effective July 1, 2023, and applies to causes of | |
| 4798 | - | 147.11actions accruing on or after that date. | |
| 4799 | - | 147.12Sec. 75. EFFECTIVE DATE. | |
| 4800 | - | 147.13 Except as otherwise provided, each section of this article is effective July 1, 2023. | |
| 4801 | - | 147.14 ARTICLE 2 | |
| 4802 | - | 147.15 TAXES | |
| 4803 | - | 147.16Section 1. Minnesota Statutes 2022, section 270B.12, is amended by adding a subdivision | |
| 4804 | - | 147.17to read: | |
| 4805 | - | 147.18 Subd. 4a.Office of Cannabis Management.The commissioner may disclose return | |
| 4806 | - | 147.19information to the Office of Cannabis Management for the purpose of and to the extent | |
| 4807 | - | 147.20necessary to administer section 270C.726. | |
| 4808 | - | 147.21 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 4809 | - | 147.22Sec. 2. Minnesota Statutes 2022, section 270C.19, is amended by adding a subdivision to | |
| 4810 | - | 147.23read: | |
| 4811 | - | 147.24 Subd. 6.Cannabis sales.(a) The commissioner is authorized to enter into a tax agreement | |
| 4812 | - | 147.25with the governing body of any federally recognized Indian Tribe in Minnesota that provides | |
| 4813 | - | 147.26for the state and the Tribal government to share state and local sales tax and gross receipts | |
| 4814 | - | 147.27tax imposed on the sale of cannabis at retail by a Tribally owned business at a location off | |
| 4815 | - | 147.28the reservation. | |
| 4816 | - | 147.29 (b) Any payment to the Tribe under this subdivision must be limited to an approximation | |
| 4817 | - | 147.30of the expenses borne by the Tribe in regulating the production and supplying of cannabis | |
| 4818 | - | 147Article 2 Sec. 2. | |
| 4819 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 148.1products to the off-reservation retail business and to taxes paid by members of the Tribe at | |
| 4820 | - | 148.2that business location. | |
| 4821 | - | 148.3 (c) Authority under this subdivision applies only to Tribal governments that have a | |
| 4822 | - | 148.4compact under section 3.9228. | |
| 4823 | - | 148.5 (d) There is annually appropriated from the general fund to the commissioner the amount | |
| 4824 | - | 148.6necessary to make the payments provided in this subdivision. | |
| 4825 | - | 148.7Sec. 3. [270C.726] POSTING OF TAX DELINQUENCY; SALE OF CANNABIS. | |
| 4826 | - | 148.8 Subdivision 1.Posting; notice.(a) Pursuant to the authority to disclose under section | |
| 4827 | - | 148.9270B.12, subdivision 4a, the commissioner shall, by the 15th of each month, submit to the | |
| 4828 | - | 148.10Office of Cannabis Management a list of all taxpayers subject to the tax imposed by section | |
| 4829 | - | 148.11295.81 that are required to pay, withhold, or collect the tax imposed by section 290.02, | |
| 4830 | - | 148.12290.0922, 290.92, 290.9727, 290.9728, 290.9729, 295.81, or 297A.62; or a local sales and | |
| 4831 | - | 148.13use tax payable to, or administered and collected by, the commissioner, and who are ten | |
| 4832 | - | 148.14days or more delinquent in either filing a tax return or paying the tax. | |
| 4833 | - | 148.15 (b) The commissioner is under no obligation to list a taxpayer whose business is inactive. | |
| 4834 | - | 148.16At least ten days before notifying the Office of Cannabis Management, the commissioner | |
| 4835 | - | 148.17shall notify the taxpayer of the intended action. | |
| 4836 | - | 148.18 (c) The Office of Cannabis Management shall post the list required by this section on | |
| 4837 | - | 148.19the Office of Cannabis Management website. The list must prominently show the date of | |
| 4838 | - | 148.20posting. If a previously listed taxpayer files all returns and pays all taxes specified in this | |
| 4839 | - | 148.21subdivision then due, the commissioner shall notify the Office of Cannabis Management | |
| 4840 | - | 148.22within two business days. | |
| 4841 | - | 148.23 Subd. 2.Sales prohibited.Beginning the third business day after the list is posted, no | |
| 4842 | - | 148.24cannabis cultivator, cannabis manufacturer, cannabis microbusiness, cannabis mezzobusiness, | |
| 4843 | - | 148.25medical cannabis combination business, cannabis wholesaler, or industrial hemp grower as | |
| 4844 | - | 148.26defined in chapter 342 may sell or deliver any product to a taxpayer included on the posted | |
| 4845 | - | 148.27list. | |
| 4846 | - | 148.28 Subd. 3.Penalty.A cannabis cultivator, cannabis manufacturer, cannabis microbusiness, | |
| 4847 | - | 148.29cannabis mezzobusiness, medical cannabis combination business, cannabis wholesaler, or | |
| 4848 | - | 148.30industrial hemp grower as defined in chapter 342 who violates subdivision 2 of this section | |
| 4849 | - | 148.31is subject to the penalties provided in sections 342.19 and 342.21. | |
| 4850 | - | 148.32 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 4851 | - | 148Article 2 Sec. 3. | |
| 4852 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 149.1Sec. 4. Minnesota Statutes 2022, section 273.13, subdivision 24, is amended to read: | |
| 4853 | - | 149.2 Subd. 24.Class 3.Commercial and industrial property and utility real and personal | |
| 4854 | - | 149.3property is class 3a. | |
| 4855 | - | 149.4 (1) Except as otherwise provided, each parcel of commercial, industrial, or utility real | |
| 4856 | - | 149.5property has a classification rate of 1.5 percent of the first tier of market value, and 2.0 | |
| 4857 | - | 149.6percent of the remaining market value. In the case of contiguous parcels of property owned | |
| 4858 | - | 149.7by the same person or entity, only the value equal to the first-tier value of the contiguous | |
| 4859 | - | 149.8parcels qualifies for the reduced classification rate, except that contiguous parcels owned | |
| 4860 | - | 149.9by the same person or entity shall be eligible for the first-tier value classification rate on | |
| 4861 | - | 149.10each separate business operated by the owner of the property, provided the business is | |
| 4862 | - | 149.11housed in a separate structure. For the purposes of this subdivision, the first tier means the | |
| 4863 | - | 149.12first $150,000 of market value. Real property owned in fee by a utility for transmission line | |
| 4864 | - | 149.13right-of-way shall be classified at the classification rate for the higher tier. | |
| 4865 | - | 149.14 For purposes of this subdivision, parcels are considered to be contiguous even if they | |
| 4866 | - | 149.15are separated from each other by a road, street, waterway, or other similar intervening type | |
| 4867 | - | 149.16of property. Connections between parcels that consist of power lines or pipelines do not | |
| 4868 | - | 149.17cause the parcels to be contiguous. Property owners who have contiguous parcels of property | |
| 4869 | - | 149.18that constitute separate businesses that may qualify for the first-tier classification rate shall | |
| 4870 | - | 149.19notify the assessor by July 1, for treatment beginning in the following taxes payable year. | |
| 4871 | - | 149.20 (2) All personal property that is: (i) part of an electric generation, transmission, or | |
| 4872 | - | 149.21distribution system; or (ii) part of a pipeline system transporting or distributing water, gas, | |
| 4873 | - | 149.22crude oil, or petroleum products; and (iii) not described in clause (3), and all railroad | |
| 4874 | - | 149.23operating property has a classification rate as provided under clause (1) for the first tier of | |
| 4875 | - | 149.24market value and the remaining market value. In the case of multiple parcels in one county | |
| 4876 | - | 149.25that are owned by one person or entity, only one first tier amount is eligible for the reduced | |
| 4877 | - | 149.26rate. | |
| 4878 | - | 149.27 (3) The entire market value of personal property that is: (i) tools, implements, and | |
| 4879 | - | 149.28machinery of an electric generation, transmission, or distribution system; (ii) tools, | |
| 4880 | - | 149.29implements, and machinery of a pipeline system transporting or distributing water, gas, | |
| 4881 | - | 149.30crude oil, or petroleum products; or (iii) the mains and pipes used in the distribution of | |
| 4882 | - | 149.31steam or hot or chilled water for heating or cooling buildings, has a classification rate as | |
| 4883 | - | 149.32provided under clause (1) for the remaining market value in excess of the first tier. | |
| 4884 | - | 149.33 (4) Real property used for raising, cultivating, processing, or storing cannabis plants, | |
| 4885 | - | 149.34cannabis flower, or cannabis products for sale has a classification rate as provided under | |
| 4886 | - | 149Article 2 Sec. 4. | |
| 4887 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 150.1clause (1) for the first tier of market value and the remaining market value. As used in this | |
| 4888 | - | 150.2paragraph, "cannabis plant" has the meaning given in section 342.01, subdivision 19, | |
| 4889 | - | 150.3"cannabis flower" has the meaning given in section 342.01, subdivision 16, and "cannabis | |
| 4890 | - | 150.4product" has the meaning given in section 342.01, subdivision 20. | |
| 4891 | - | 150.5 EFFECTIVE DATE.This section is effective beginning with assessment year 2024 | |
| 4892 | - | 150.6and thereafter. | |
| 4893 | - | 150.7Sec. 5. Minnesota Statutes 2022, section 275.025, subdivision 2, is amended to read: | |
| 4894 | - | 150.8 Subd. 2.Commercial-industrial tax capacity.For the purposes of this section, | |
| 4895 | - | 150.9"commercial-industrial tax capacity" means the tax capacity of all taxable property classified | |
| 4896 | - | 150.10as class 3 or class 5(1) under section 273.13, excluding: | |
| 4897 | - | 150.11 (1) the tax capacity attributable to the first $150,000 of market value of each parcel of | |
| 4898 | - | 150.12commercial-industrial property as defined under section 273.13, subdivision 24, clauses (1) | |
| 4899 | - | 150.13and, (2), and (4); | |
| 4900 | - | 150.14 (2) electric generation attached machinery under class 3; and | |
| 4901 | - | 150.15 (3) property described in section 473.625. | |
| 4902 | - | 150.16 County commercial-industrial tax capacity amounts are not adjusted for the captured | |
| 4903 | - | 150.17net tax capacity of a tax increment financing district under section 469.177, subdivision 2, | |
| 4904 | - | 150.18the net tax capacity of transmission lines deducted from a local government's total net tax | |
| 4905 | - | 150.19capacity under section 273.425, or fiscal disparities contribution and distribution net tax | |
| 4906 | - | 150.20capacities under chapter 276A or 473F. For purposes of this subdivision, the procedures | |
| 4907 | - | 150.21for determining eligibility for tier 1 under section 273.13, subdivision 24, clauses (1) and | |
| 4908 | - | 150.22(2), shall apply in determining the portion of a property eligible to be considered within the | |
| 4909 | - | 150.23first $150,000 of market value. | |
| 4910 | - | 150.24 EFFECTIVE DATE.This section is effective beginning with assessment year 2024 | |
| 4911 | - | 150.25and thereafter. | |
| 4912 | - | 150.26Sec. 6. [289A.33] FILING REQUIREMENTS AND DUE DATES; SPECIAL RULES. | |
| 4913 | - | 150.27 (a) Upon the request of any cannabis business as defined by section 342.01, subdivision | |
| 4914 | - | 150.2814, required to collect and remit taxes imposed under section 295.81, chapter 290, or chapter | |
| 4915 | - | 150.29297A, the commissioner shall waive the requirement that payment of tax must be made | |
| 4916 | - | 150.30electronically if the failure to pay electronically is because the cannabis business is unable | |
| 4917 | - | 150.31to secure banking services and the inability to secure the services is due to its engagement | |
| 4918 | - | 150.32in cannabis-related business allowed under Minnesota law. | |
| 4919 | - | 150Article 2 Sec. 6. | |
| 4920 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 151.1 (b) If, in consultation with the commissioner of commerce, the commissioner determines | |
| 4921 | - | 151.2that the inability to find banking services is widespread and enforcement of the electronic | |
| 4922 | - | 151.3payment requirement will significantly impede the ability of cannabis businesses to timely | |
| 4923 | - | 151.4pay taxes imposed under section 295.81, chapter 290, or chapter 297A, the commissioner | |
| 4924 | - | 151.5may publish notice on the department website that waives the requirement to pay the tax | |
| 4925 | - | 151.6electronically. If such notice is published, a cannabis business must file returns and pay | |
| 4926 | - | 151.7taxes lawfully due in the form and manner prescribed by the commissioner. | |
| 4927 | - | 151.8 (c) Nothing in this section relieves a cannabis business from timely filing and paying | |
| 4928 | - | 151.9taxes. | |
| 4929 | - | 151.10 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 4930 | - | 151.11Sec. 7. Minnesota Statutes 2022, section 290.0132, subdivision 29, is amended to read: | |
| 4931 | - | 151.12 Subd. 29.Disallowed section 280E expenses; medical cannabis manufacturers | |
| 4932 | - | 151.13licensees.The amount of expenses of a medical cannabis manufacturer business, as defined | |
| 4933 | - | 151.14under section 152.22, subdivision 7 342.01, subdivision 53, related to the business of medical | |
| 4934 | - | 151.15cannabis under sections 152.21 to 152.37 342.47 to 342.59, or a license holder under chapter | |
| 4935 | - | 151.16342, related to the business of nonmedical cannabis under that chapter, and not allowed for | |
| 4936 | - | 151.17federal income tax purposes under section 280E of the Internal Revenue Code is a subtraction. | |
| 4937 | - | 151.18 EFFECTIVE DATE.This section is effective for taxable years beginning after December | |
| 4938 | - | 151.1931, 2022. | |
| 4939 | - | 151.20Sec. 8. Minnesota Statutes 2022, section 290.0134, subdivision 19, is amended to read: | |
| 4940 | - | 151.21 Subd. 19.Disallowed section 280E expenses; medical cannabis manufacturers | |
| 4941 | - | 151.22licensees.The amount of expenses of a medical cannabis manufacturer business, as defined | |
| 4942 | - | 151.23under section 152.22, subdivision 7 342.01, subdivision 53, related to the business of medical | |
| 4943 | - | 151.24cannabis under sections 152.21 to 152.37 342.47 to 342.59, or a license holder under chapter | |
| 4944 | - | 151.25342, related to the business of nonmedical cannabis under that chapter, and not allowed for | |
| 4945 | - | 151.26federal income tax purposes under section 280E of the Internal Revenue Code is a subtraction. | |
| 4946 | - | 151.27 EFFECTIVE DATE.This section is effective for taxable years beginning after December | |
| 4947 | - | 151.2831, 2022. | |
| 4948 | - | 151.29Sec. 9. [295.81] CANNABIS GROSS RECEIPTS TAX. | |
| 4949 | - | 151.30 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have | |
| 4950 | - | 151.31the meanings given. | |
| 4951 | - | 151Article 2 Sec. 9. | |
| 4952 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 152.1 (b) "Bundled transaction" means the retail sale of two or more products when the products | |
| 4953 | - | 152.2are otherwise distinct and identifiable and the products are sold for one nonitemized price. | |
| 4954 | - | 152.3 (c) "Cannabis flower" has the meaning given in section 342.01, subdivision 16. | |
| 4955 | - | 152.4 (d) "Cannabis product" has the meaning given in section 342.01, subdivision 20. | |
| 4956 | - | 152.5 (e) "Cannabis solution product" means any cartridge, bottle, or other package that contains | |
| 4957 | - | 152.6a taxable cannabis product in a solution that is consumed or meant to be consumed through | |
| 4958 | - | 152.7the use of a heating element, power source, electronic circuit, or other electronic, chemical, | |
| 4959 | - | 152.8or mechanical means that produces vapor or aerosol. A cannabis solution product includes | |
| 4960 | - | 152.9any electronic delivery system, electronic vaping device, electronic vape pen, electronic | |
| 4961 | - | 152.10oral device, electronic delivery device, or similar product or device, and any batteries, | |
| 4962 | - | 152.11heating elements, or other components, parts, or accessories sold with and meant to be used | |
| 4963 | - | 152.12in the consumption of a solution containing a taxable cannabis product. | |
| 4964 | - | 152.13 (f) "Cannabis mezzobusiness" means a cannabis business licensed under section 342.29. | |
| 4965 | - | 152.14 (g) "Cannabis microbusiness" means a cannabis business licensed under section 342.28. | |
| 4966 | - | 152.15 (h) "Cannabis retailer" means a cannabis business licensed under section 342.32. | |
| 4967 | - | 152.16 (i) "Commissioner" means the commissioner of revenue. | |
| 4968 | - | 152.17 (j) "Gross receipts" means the total amount received in money or by barter or exchange | |
| 4969 | - | 152.18for all taxable cannabis product sales at retail as measured by the sales price. Gross receipts | |
| 4970 | - | 152.19include but are not limited to delivery charges and packaging costs. Gross receipts do not | |
| 4971 | - | 152.20include: | |
| 4972 | - | 152.21 (1) any taxes imposed directly on the customer that are separately stated on the invoice, | |
| 4973 | - | 152.22bill of sale, or similar document given to the purchaser; and | |
| 4974 | - | 152.23 (2) discounts, including cash, terms, or coupons, that are not reimbursed by a third party | |
| 4975 | - | 152.24and that are allowed by the seller and taken by a purchaser on a sale. | |
| 4976 | - | 152.25 (k) "Hemp-derived consumer product" has the meaning given in section 342.01, | |
| 4977 | - | 152.26subdivision 37. | |
| 4978 | - | 152.27 (l) "Lower-potency hemp edible" has the meaning given in section 342.01, subdivision | |
| 4979 | - | 152.2850. | |
| 4980 | - | 152.29 (m) "Lower-potency hemp edible retailer" means a cannabis business licensed under | |
| 4981 | - | 152.30section 342.43, subdivision 1, clause (2). | |
| 4982 | - | 152.31 (n) "Medical cannabis flower" has the meaning given in section 342.01, subdivision 54. | |
| 4632 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 142.1 Subd. 3.Report and grants.(a) The commissioner of human services shall submit a | |
| 4633 | + | 142.2report of the grants and funding recommended by the advisory council to be awarded for | |
| 4634 | + | 142.3the upcoming fiscal year to the chairs and ranking minority members of the legislative | |
| 4635 | + | 142.4committees with jurisdiction over health and human services policy and finance by March | |
| 4636 | + | 142.51 of each year, beginning March 1, 2024. | |
| 4637 | + | 142.6 (b) When awarding grants, the commissioner of human services shall consider the | |
| 4638 | + | 142.7programs, projects, and initiatives recommended by the council that address the priorities | |
| 4639 | + | 142.8established by the council, unless otherwise appropriated by the legislature. | |
| 4640 | + | 142.9Sec. 72. [342.80] LAWFUL ACTIVITIES. | |
| 4641 | + | 142.10 (a) Notwithstanding any law to the contrary, the cultivation, manufacturing, possessing, | |
| 4642 | + | 142.11and selling of cannabis flower, cannabis products, artificially derived cannabinoids, | |
| 4643 | + | 142.12lower-potency hemp edibles, and hemp-derived consumer products by a licensed cannabis | |
| 4644 | + | 142.13business or hemp business in conformity with the rights granted by a cannabis business | |
| 4645 | + | 142.14license or hemp business license is lawful and may not be the grounds for the seizure or | |
| 4646 | + | 142.15forfeiture of property, arrest or prosecution, or search or inspections except as provided by | |
| 4647 | + | 142.16this chapter. | |
| 4648 | + | 142.17 (b) A person acting as an agent of a cannabis microbusiness, cannabis mezzobusiness, | |
| 4649 | + | 142.18cannabis retailer, or lower-potency hemp edible retailer who sells or otherwise transfers | |
| 4650 | + | 142.19cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 4651 | + | 142.20products to a person under 21 years of age is not subject to arrest, prosecution, or forfeiture | |
| 4652 | + | 142.21of property if the person complied with section 342.27, subdivision 4, and any rules | |
| 4653 | + | 142.22promulgated pursuant to this chapter. | |
| 4654 | + | 142.23Sec. 73. [342.81] CIVIL ACTIONS. | |
| 4655 | + | 142.24 Subdivision 1.Right of action.A spouse, child, parent, guardian, employer, or other | |
| 4656 | + | 142.25person injured in person, property, or means of support or who incurs other pecuniary loss | |
| 4657 | + | 142.26by an intoxicated person or by the intoxication of another person, has a right of action in | |
| 4658 | + | 142.27the person's own name for all damages sustained against a person who caused the intoxication | |
| 4659 | + | 142.28of that person by illegally selling cannabis flower, cannabis products, lower-potency hemp | |
| 4660 | + | 142.29edibles, or hemp-derived consumer products. All damages recovered by a minor under this | |
| 4661 | + | 142.30section must be paid either to the minor or to the minor's parent, guardian, or next friend as | |
| 4662 | + | 142.31the court directs. | |
| 4663 | + | 142.32 Subd. 2.Actions.All suits for damages under this section must be by civil action in a | |
| 4664 | + | 142.33court of this state having jurisdiction. | |
| 4665 | + | 142Article 1 Sec. 73. | |
| 4666 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 143.1 Subd. 3.Comparative negligence.Actions under this section are governed by section | |
| 4667 | + | 143.2604.01. | |
| 4668 | + | 143.3 Subd. 4.Defense.It is a defense for the defendant to prove by a preponderance of the | |
| 4669 | + | 143.4evidence that the defendant reasonably and in good faith relied upon representations of | |
| 4670 | + | 143.5proof of age in selling, bartering, furnishing, or giving the cannabis flower, cannabis products, | |
| 4671 | + | 143.6lower-potency hemp edibles, or hemp-derived consumer products. | |
| 4672 | + | 143.7 Subd. 5.Subrogation claims denied.There shall be no recovery by any insurance | |
| 4673 | + | 143.8company against any cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, | |
| 4674 | + | 143.9or lower-potency hemp edible retailer under subrogation clauses of the uninsured, | |
| 4675 | + | 143.10underinsured, collision, or other first-party coverages of a motor vehicle insurance policy | |
| 4676 | + | 143.11as a result of payments made by the company to persons who have claims that arise in whole | |
| 4677 | + | 143.12or in part under this section. Section 65B.53, subdivision 3, does not apply to actions under | |
| 4678 | + | 143.13this section. | |
| 4679 | + | 143.14 Subd. 6.Common law claims.Nothing in this chapter precludes common law tort claims | |
| 4680 | + | 143.15against any person 21 years old or older who knowingly provides or furnishes cannabis | |
| 4681 | + | 143.16flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products | |
| 4682 | + | 143.17to a person under the age of 21 years. | |
| 4683 | + | 143.18Sec. 74. SUBSTANCE USE DISORDER ADVISORY COUNCIL FIRST MEETING. | |
| 4684 | + | 143.19 The commissioner of human services shall convene the first meeting of the Substance | |
| 4685 | + | 143.20Use Disorder Advisory Council established under Minnesota Statutes, section 342.79, no | |
| 4686 | + | 143.21later than October 1, 2023. The members shall elect a chair at the first meeting. | |
| 4687 | + | 143.22Sec. 75. EFFECTIVE DATE. | |
| 4688 | + | 143.23 Except as otherwise provided, each section of this article is effective July 1, 2023. | |
| 4689 | + | 143.24 ARTICLE 2 | |
| 4690 | + | 143.25 TAXES | |
| 4691 | + | 143.26Section 1. Minnesota Statutes 2022, section 270B.12, is amended by adding a subdivision | |
| 4692 | + | 143.27to read: | |
| 4693 | + | 143.28 Subd. 4a.Office of Cannabis Management.The commissioner may disclose return | |
| 4694 | + | 143.29information to the Office of Cannabis Management for the purpose of and to the extent | |
| 4695 | + | 143.30necessary to administer section 270C.726. | |
| 4696 | + | 143.31 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 4697 | + | 143Article 2 Section 1. | |
| 4698 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 144.1Sec. 2. [270C.726] POSTING OF TAX DELINQUENCY; SALE OF CANNABIS. | |
| 4699 | + | 144.2 Subdivision 1.Posting; notice.(a) Pursuant to the authority to disclose under section | |
| 4700 | + | 144.3270B.12, subdivision 4a, the commissioner shall, by the 15th of each month, submit to the | |
| 4701 | + | 144.4Office of Cannabis Management a list of all taxpayers subject to the tax imposed by section | |
| 4702 | + | 144.5295.81 that are required to pay, withhold, or collect the tax imposed by section 290.02, | |
| 4703 | + | 144.6290.0922, 290.92, 290.9727, 290.9728, 290.9729, 295.81, or 297A.62; a local sales and | |
| 4704 | + | 144.7use tax payable to the commissioner; or a local sales and use tax administered and collected | |
| 4705 | + | 144.8by the commissioner, and that are ten days or more delinquent in either filing a tax return | |
| 4706 | + | 144.9or paying the tax. | |
| 4707 | + | 144.10 (b) The commissioner is under no obligation to list a taxpayer whose business is inactive. | |
| 4708 | + | 144.11At least ten days before notifying the Office of Cannabis Management, the commissioner | |
| 4709 | + | 144.12shall notify the taxpayer of the intended action. | |
| 4710 | + | 144.13 (c) The Office of Cannabis Management shall post the list required by this section on | |
| 4711 | + | 144.14the Office of Cannabis Management website. The list must prominently show the date of | |
| 4712 | + | 144.15posting. If a previously listed taxpayer files all returns and pays all taxes specified in this | |
| 4713 | + | 144.16subdivision then due, the commissioner shall notify the Office of Cannabis Management | |
| 4714 | + | 144.17within two business days. | |
| 4715 | + | 144.18 Subd. 2.Sales prohibited.Beginning the third business day after the list is posted, no | |
| 4716 | + | 144.19cannabis cultivator, cannabis manufacturer, cannabis microbusiness, cannabis mezzobusiness, | |
| 4717 | + | 144.20cannabis wholesaler, or industrial hemp grower as defined in chapter 342 may sell or deliver | |
| 4718 | + | 144.21any product to a taxpayer included on the posted list. | |
| 4719 | + | 144.22 Subd. 3.Penalty.A cannabis cultivator, cannabis manufacturer, cannabis microbusiness, | |
| 4720 | + | 144.23cannabis mezzobusiness, cannabis wholesaler, or industrial hemp grower as defined in | |
| 4721 | + | 144.24chapter 342 who violates subdivision 2 of this section is subject to the penalties provided | |
| 4722 | + | 144.25in sections 342.19 and 342.21. | |
| 4723 | + | 144.26 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 4724 | + | 144.27Sec. 3. Minnesota Statutes 2022, section 273.13, subdivision 24, is amended to read: | |
| 4725 | + | 144.28 Subd. 24.Class 3.Commercial and industrial property and utility real and personal | |
| 4726 | + | 144.29property is class 3a. | |
| 4727 | + | 144.30 (1) Except as otherwise provided, each parcel of commercial, industrial, or utility real | |
| 4728 | + | 144.31property has a classification rate of 1.5 percent of the first tier of market value, and 2.0 | |
| 4729 | + | 144.32percent of the remaining market value. In the case of contiguous parcels of property owned | |
| 4730 | + | 144.33by the same person or entity, only the value equal to the first-tier value of the contiguous | |
| 4731 | + | 144Article 2 Sec. 3. | |
| 4732 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 145.1parcels qualifies for the reduced classification rate, except that contiguous parcels owned | |
| 4733 | + | 145.2by the same person or entity shall be eligible for the first-tier value classification rate on | |
| 4734 | + | 145.3each separate business operated by the owner of the property, provided the business is | |
| 4735 | + | 145.4housed in a separate structure. For the purposes of this subdivision, the first tier means the | |
| 4736 | + | 145.5first $150,000 of market value. Real property owned in fee by a utility for transmission line | |
| 4737 | + | 145.6right-of-way shall be classified at the classification rate for the higher tier. | |
| 4738 | + | 145.7 For purposes of this subdivision, parcels are considered to be contiguous even if they | |
| 4739 | + | 145.8are separated from each other by a road, street, waterway, or other similar intervening type | |
| 4740 | + | 145.9of property. Connections between parcels that consist of power lines or pipelines do not | |
| 4741 | + | 145.10cause the parcels to be contiguous. Property owners who have contiguous parcels of property | |
| 4742 | + | 145.11that constitute separate businesses that may qualify for the first-tier classification rate shall | |
| 4743 | + | 145.12notify the assessor by July 1, for treatment beginning in the following taxes payable year. | |
| 4744 | + | 145.13 (2) All personal property that is: (i) part of an electric generation, transmission, or | |
| 4745 | + | 145.14distribution system; or (ii) part of a pipeline system transporting or distributing water, gas, | |
| 4746 | + | 145.15crude oil, or petroleum products; and (iii) not described in clause (3), and all railroad | |
| 4747 | + | 145.16operating property has a classification rate as provided under clause (1) for the first tier of | |
| 4748 | + | 145.17market value and the remaining market value. In the case of multiple parcels in one county | |
| 4749 | + | 145.18that are owned by one person or entity, only one first tier amount is eligible for the reduced | |
| 4750 | + | 145.19rate. | |
| 4751 | + | 145.20 (3) The entire market value of personal property that is: (i) tools, implements, and | |
| 4752 | + | 145.21machinery of an electric generation, transmission, or distribution system; (ii) tools, | |
| 4753 | + | 145.22implements, and machinery of a pipeline system transporting or distributing water, gas, | |
| 4754 | + | 145.23crude oil, or petroleum products; or (iii) the mains and pipes used in the distribution of | |
| 4755 | + | 145.24steam or hot or chilled water for heating or cooling buildings, has a classification rate as | |
| 4756 | + | 145.25provided under clause (1) for the remaining market value in excess of the first tier. | |
| 4757 | + | 145.26 (4) Real property used for raising, cultivating, processing, or storing cannabis plants, | |
| 4758 | + | 145.27cannabis flower, or cannabis products for sale has a classification rate as provided under | |
| 4759 | + | 145.28clause (1) for the first tier of market value and the remaining market value. As used in this | |
| 4760 | + | 145.29paragraph, "cannabis plant" has the meaning given in section 342.01, subdivision 18, | |
| 4761 | + | 145.30"cannabis flower" has the meaning given in section 342.01, subdivision 15, and "cannabis | |
| 4762 | + | 145.31product" has the meaning given in section 342.01, subdivision 19. | |
| 4763 | + | 145.32 EFFECTIVE DATE.This section is effective beginning with assessment year 2024 | |
| 4764 | + | 145.33and thereafter. | |
| 4765 | + | 145Article 2 Sec. 3. | |
| 4766 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 146.1Sec. 4. Minnesota Statutes 2022, section 275.025, subdivision 2, is amended to read: | |
| 4767 | + | 146.2 Subd. 2.Commercial-industrial tax capacity.For the purposes of this section, | |
| 4768 | + | 146.3"commercial-industrial tax capacity" means the tax capacity of all taxable property classified | |
| 4769 | + | 146.4as class 3 or class 5(1) under section 273.13, excluding: | |
| 4770 | + | 146.5 (1) the tax capacity attributable to the first $150,000 of market value of each parcel of | |
| 4771 | + | 146.6commercial-industrial property as defined under section 273.13, subdivision 24, clauses (1) | |
| 4772 | + | 146.7and, (2), and (4); | |
| 4773 | + | 146.8 (2) electric generation attached machinery under class 3; and | |
| 4774 | + | 146.9 (3) property described in section 473.625. | |
| 4775 | + | 146.10 County commercial-industrial tax capacity amounts are not adjusted for the captured | |
| 4776 | + | 146.11net tax capacity of a tax increment financing district under section 469.177, subdivision 2, | |
| 4777 | + | 146.12the net tax capacity of transmission lines deducted from a local government's total net tax | |
| 4778 | + | 146.13capacity under section 273.425, or fiscal disparities contribution and distribution net tax | |
| 4779 | + | 146.14capacities under chapter 276A or 473F. For purposes of this subdivision, the procedures | |
| 4780 | + | 146.15for determining eligibility for tier 1 under section 273.13, subdivision 24, clauses (1) and | |
| 4781 | + | 146.16(2), shall apply in determining the portion of a property eligible to be considered within the | |
| 4782 | + | 146.17first $150,000 of market value. | |
| 4783 | + | 146.18 EFFECTIVE DATE.This section is effective beginning with assessment year 2024 | |
| 4784 | + | 146.19and thereafter. | |
| 4785 | + | 146.20Sec. 5. [289A.33] FILING REQUIREMENTS AND DUE DATES; SPECIAL RULES. | |
| 4786 | + | 146.21 (a) Upon the request of any cannabis business as defined by section 342.01, subdivision | |
| 4787 | + | 146.2213, required to collect and remit taxes imposed under section 295.81, chapter 290, or chapter | |
| 4788 | + | 146.23297A, the commissioner shall waive the requirement that payment of tax must be made | |
| 4789 | + | 146.24electronically if the failure to pay electronically is because the cannabis business is unable | |
| 4790 | + | 146.25to secure banking services and the inability to secure the services is due to its engagement | |
| 4791 | + | 146.26in cannabis-related business allowed under Minnesota law. | |
| 4792 | + | 146.27 (b) If, in consultation with the commissioner of commerce, the commissioner determines | |
| 4793 | + | 146.28the inability to find banking services is widespread and enforcement of the electronic payment | |
| 4794 | + | 146.29requirement will significantly impede the ability of cannabis businesses to timely pay taxes | |
| 4795 | + | 146.30imposed under section 295.81, chapter 290, or chapter 297A, the commissioner may publish | |
| 4796 | + | 146.31notice on the department website that waives the requirement to pay the tax electronically. | |
| 4797 | + | 146.32If such notice is published, a cannabis business must file returns and pay taxes lawfully due | |
| 4798 | + | 146.33in the form and manner prescribed by the commissioner. | |
| 4799 | + | 146Article 2 Sec. 5. | |
| 4800 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 147.1 (c) Nothing in this subdivision relieves a cannabis business from timely filing and paying | |
| 4801 | + | 147.2taxes. | |
| 4802 | + | 147.3 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 4803 | + | 147.4Sec. 6. Minnesota Statutes 2022, section 290.0132, subdivision 29, is amended to read: | |
| 4804 | + | 147.5 Subd. 29.Disallowed section 280E expenses; medical cannabis manufacturers | |
| 4805 | + | 147.6licensees.The amount of expenses of a medical cannabis manufacturer business, as defined | |
| 4806 | + | 147.7under section 152.22, subdivision 7 342.01, subdivision 51, related to the business of medical | |
| 4807 | + | 147.8cannabis under sections 152.21 to 152.37 342.47 to 342.60, or a license holder under chapter | |
| 4808 | + | 147.9342 related to the business of nonmedical cannabis under that chapter, and not allowed for | |
| 4809 | + | 147.10federal income tax purposes under section 280E of the Internal Revenue Code is a subtraction. | |
| 4810 | + | 147.11 EFFECTIVE DATE.This section is effective for taxable years beginning after December | |
| 4811 | + | 147.1231, 2022. | |
| 4812 | + | 147.13Sec. 7. Minnesota Statutes 2022, section 290.0134, subdivision 19, is amended to read: | |
| 4813 | + | 147.14 Subd. 19.Disallowed section 280E expenses; medical cannabis manufacturers | |
| 4814 | + | 147.15licensees.The amount of expenses of a medical cannabis manufacturer business, as defined | |
| 4815 | + | 147.16under section 152.22, subdivision 7 342.01, subdivision 51, related to the business of medical | |
| 4816 | + | 147.17cannabis under sections 152.21 to 152.37 342.47 to 342.60, or a license holder under chapter | |
| 4817 | + | 147.18342 related to the business of nonmedical cannabis under that chapter, and not allowed for | |
| 4818 | + | 147.19federal income tax purposes under section 280E of the Internal Revenue Code is a subtraction. | |
| 4819 | + | 147.20 EFFECTIVE DATE.This section is effective for taxable years beginning after December | |
| 4820 | + | 147.2131, 2022. | |
| 4821 | + | 147.22Sec. 8. [295.81] CANNABIS GROSS RECEIPTS TAX. | |
| 4822 | + | 147.23 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have | |
| 4823 | + | 147.24the meanings given. | |
| 4824 | + | 147.25 (b) "Bundled transaction" means the retail sale of two or more products when the products | |
| 4825 | + | 147.26are otherwise distinct and identifiable and the products are sold for one nonitemized price. | |
| 4826 | + | 147.27 (c) "Cannabis flower" has the meaning given in section 342.01, subdivision 15. | |
| 4827 | + | 147.28 (d) "Cannabis product" has the meaning given in section 342.01, subdivision 19. | |
| 4828 | + | 147.29 (e) "Cannabis solution product" means any cartridge, bottle, or other package that contains | |
| 4829 | + | 147.30a taxable cannabis product in a solution that is consumed or meant to be consumed through | |
| 4830 | + | 147Article 2 Sec. 8. | |
| 4831 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 148.1the use of a heating element, power source, electronic circuit, or other electronic, chemical, | |
| 4832 | + | 148.2or mechanical means that produces vapor or aerosol. A cannabis solution product includes | |
| 4833 | + | 148.3any electronic delivery system, electronic vaping device, electronic vape pen, electronic | |
| 4834 | + | 148.4oral device, electronic delivery device, or similar product or device, and any batteries, | |
| 4835 | + | 148.5heating elements, or other components, parts, or accessories sold with and meant to be used | |
| 4836 | + | 148.6in the consumption of a solution containing a taxable cannabis product. | |
| 4837 | + | 148.7 (f) "Cannabis mezzobusiness" means a cannabis business licensed under section 342.29. | |
| 4838 | + | 148.8 (g) "Cannabis microbusiness" means a cannabis business licensed under section 342.28. | |
| 4839 | + | 148.9 (h) "Cannabis retailer" means a cannabis business licensed under section 342.32. | |
| 4840 | + | 148.10 (i) "Commissioner" means the commissioner of revenue. | |
| 4841 | + | 148.11 (j) "Gross receipts" means the total amount received in money or by barter or exchange | |
| 4842 | + | 148.12for all taxable cannabis product sales at retail as measured by the sales price. Gross receipts | |
| 4843 | + | 148.13include but are not limited to delivery charges and packaging costs. Gross receipts do not | |
| 4844 | + | 148.14include: | |
| 4845 | + | 148.15 (1) any taxes imposed directly on the customer that are separately stated on the invoice, | |
| 4846 | + | 148.16bill of sale, or similar document given to the purchaser; and | |
| 4847 | + | 148.17 (2) discounts, including cash, terms, or coupons, that are not reimbursed by a third party | |
| 4848 | + | 148.18and that are allowed by the seller and taken by a purchaser on a sale. | |
| 4849 | + | 148.19 (k) "Hemp-derived consumer product" has the meaning given in section 342.01, | |
| 4850 | + | 148.20subdivision 35. | |
| 4851 | + | 148.21 (l) "Lower-potency hemp edible" has the meaning given in section 342.01, subdivision | |
| 4852 | + | 148.2248. | |
| 4853 | + | 148.23 (m) "Lower-potency hemp edible retailer" means a cannabis business licensed under | |
| 4854 | + | 148.24section 342.43, subdivision 1, clause (1). | |
| 4855 | + | 148.25 (n) "Medical cannabis flower" has the meaning given in section 342.01, subdivision 52. | |
| 4856 | + | 148.26 (o) "Medical cannabinoid product" has the meaning given in section 342.10, subdivision | |
| 4857 | + | 148.2750. | |
| 4858 | + | 148.28 (p) "Medical cannabis paraphernalia" has the meaning given in section 342.01, | |
| 4859 | + | 148.29subdivision 53. | |
| 4860 | + | 148.30 (q) "Retail sale" has the meaning given in section 297A.61, subdivision 4. | |
| 4861 | + | 148Article 2 Sec. 8. | |
| 4862 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 149.1 (r) "Taxable cannabis product" means cannabis flower, cannabis product, cannabis | |
| 4863 | + | 149.2solution product, hemp-derived consumer product, lower-potency hemp edible, and any | |
| 4864 | + | 149.3substantially similar item. | |
| 4865 | + | 149.4 (s) "Taxable cannabis product retailer" means a retailer that sells any taxable cannabis | |
| 4866 | + | 149.5product, and includes a cannabis retailer, cannabis microbusiness, cannabis mezzobusiness, | |
| 4867 | + | 149.6and lower-potency hemp edible retailer. Taxable cannabis product retailer includes but is | |
| 4868 | + | 149.7not limited to a: | |
| 4869 | + | 149.8 (1) retailer maintaining a place of business in this state; | |
| 4870 | + | 149.9 (2) marketplace provider maintaining a place of business in this state, as defined in | |
| 4871 | + | 149.10section 297A.66, subdivision 1, paragraph (a); | |
| 4872 | + | 149.11 (3) retailer not maintaining a place of business in this state; and | |
| 4873 | + | 149.12 (4) marketplace provider not maintaining a place of business in this state, as defined in | |
| 4874 | + | 149.13section 297A.66, subdivision 1, paragraph (b). | |
| 4875 | + | 149.14 Subd. 2.Gross receipts tax imposed.(a) A tax equal to a rate established by subdivisions | |
| 4876 | + | 149.152 and 3 of gross receipts from retail sales in Minnesota of taxable cannabis products is | |
| 4877 | + | 149.16imposed on any taxable cannabis product retailer that sells these products to customers: | |
| 4878 | + | 149.17 (1) for sales and purchases made on July 1, 2023, through June 30, 2027, the rate is | |
| 4879 | + | 149.18equal to eight percent; and | |
| 4880 | + | 149.19 (2) for sales and purchases made after June 30, 2027, the rate is equal to the amount | |
| 4881 | + | 149.20established under subdivision 3. | |
| 4882 | + | 149.21 (b) A taxable cannabis product retailer may but is not required to collect the tax imposed | |
| 4883 | + | 149.22by this section from the purchaser as long as the tax is separately stated on the receipt, | |
| 4884 | + | 149.23invoice, bill of sale, or similar document given to the purchaser. | |
| 4885 | + | 149.24 (c) If a product subject to the tax imposed under this section is included in a bundled | |
| 4886 | + | 149.25transaction, the entire sales price of the bundled transaction is subject to the tax imposed | |
| 4887 | + | 149.26under this section. | |
| 4888 | + | 149.27 (d) The tax imposed under this section is in addition to any other tax imposed on the | |
| 4889 | + | 149.28sale or use of taxable cannabis products. | |
| 4890 | + | 149.29 Subd. 3.Tax rate adjustment.(a) Beginning in March 2027, in each odd-numbered | |
| 4891 | + | 149.30year, the commissioner of management and budget shall use the February forecast of general | |
| 4892 | + | 149.31fund revenues and expenditures reflecting the most recently completed fiscal year to | |
| 4893 | + | 149.32determine that the conditions in paragraph (b) are met. | |
| 4894 | + | 149Article 2 Sec. 8. | |
| 4895 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 150.1 (b) Revenues raised by the tax imposed under this section combined with the tax imposed | |
| 4896 | + | 150.2under chapter 297A on taxable cannabis products exceed the projected expenditures related | |
| 4897 | + | 150.3to the ongoing regulation of cannabis for the upcoming biennium, including: | |
| 4898 | + | 150.4 (1) the appropriations to the Office of Cannabis Management; | |
| 4899 | + | 150.5 (2) the appropriations to the Department of Agriculture; | |
| 4900 | + | 150.6 (3) the appropriations to the Cannabis Expungement Board; | |
| 4901 | + | 150.7 (4) the appropriations to the Department of Commerce; | |
| 4902 | + | 150.8 (5) the appropriations to the Department of Education; | |
| 4903 | + | 150.9 (6) the appropriations to the Department of Employment and Economic Development; | |
| 4904 | + | 150.10 (7) the appropriations to the Department of Health; | |
| 4905 | + | 150.11 (8) the appropriations to the Department of Human Services; | |
| 4906 | + | 150.12 (9) the appropriations to the Department of Labor and Industry; | |
| 4907 | + | 150.13 (10) the appropriations to the Pollution Control Agency; | |
| 4908 | + | 150.14 (11) the appropriations to the Department of Public Safety; | |
| 4909 | + | 150.15 (12) the appropriations to the Department of Revenue; | |
| 4910 | + | 150.16 (13) the transfers to the dual training account in the special revenue fund; and | |
| 4911 | + | 150.17 (14) the transfers to the substance use treatment, recovery, and prevention grant account. | |
| 4912 | + | 150.18 (c) The commissioner of management and budget shall report its determination to the | |
| 4913 | + | 150.19commissioner no later than March 15 in the same odd-numbered year. | |
| 4914 | + | 150.20 (d) The commissioner shall adjust the tax rate so that the revenues described in paragraph | |
| 4915 | + | 150.21(a) equal or most closely exceed the expenditures in paragraph (b). The new rate must be | |
| 4916 | + | 150.22rounded to the nearest one-quarter of one percent. The commissioner must post the new | |
| 4917 | + | 150.23rate on the department website by April 1 of the same odd-numbered year. The new rate | |
| 4918 | + | 150.24applies to sales and purchases made after June 30 of the same odd-numbered year. | |
| 4919 | + | 150.25 Subd. 4.Use tax imposed; credit for taxes paid.(a) A person that receives taxable | |
| 4920 | + | 150.26cannabis products for use or storage in Minnesota, other than from a taxable cannabis product | |
| 4921 | + | 150.27retailer that paid the tax under subdivision 2, is subject to tax at the rate imposed under | |
| 4922 | + | 150.28subdivision 2. Liability for the tax is incurred when the person has possession of the taxable | |
| 4923 | + | 150.29cannabis product in Minnesota. The tax must be remitted to the commissioner in the same | |
| 4924 | + | 150.30manner prescribed for taxes imposed under chapter 297A. | |
| 4925 | + | 150Article 2 Sec. 8. | |
| 4926 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 151.1 (b) A person that has paid taxes to another state or any subdivision thereof on the same | |
| 4927 | + | 151.2transaction and is subject to tax under this section is entitled to a credit for the tax legally | |
| 4928 | + | 151.3due and paid to another state or subdivision thereof to the extent of the lesser of (1) the tax | |
| 4929 | + | 151.4actually paid to the other state or subdivision thereof, or (2) the amount of tax imposed by | |
| 4930 | + | 151.5Minnesota on the transaction subject to tax in the other state or subdivision thereof. | |
| 4931 | + | 151.6 Subd. 5.Exemptions.(a) The use tax imposed under subdivision 4, paragraph (a), does | |
| 4932 | + | 151.7not apply to the possession, use, or storage of taxable cannabis products if (1) the taxable | |
| 4933 | + | 151.8cannabis products have an aggregate cost in any calendar month to the customer of $100 | |
| 4934 | + | 151.9or less, and (2) the taxable cannabis products were carried into this state by the customer. | |
| 4935 | + | 151.10 (b) The tax imposed under this section does not apply to sales of medical items purchased | |
| 4936 | + | 151.11by or for a patient enrolled in the registry program, including medical cannabis flower, | |
| 4937 | + | 151.12medical cannabinoid products, or medical cannabis paraphernalia. | |
| 4938 | + | 151.13 (c) Unless otherwise specified in this section, the exemptions applicable to taxes imposed | |
| 4939 | + | 151.14under chapter 297A are not applicable to the taxes imposed under this section. | |
| 4940 | + | 151.15 Subd. 6.Local taxes prohibited.A political subdivision of this state is prohibited from | |
| 4941 | + | 151.16imposing a local sales tax solely on the sale of taxable cannabis products. | |
| 4942 | + | 151.17 Subd. 7.Tax collection required.A taxable cannabis product retailer with nexus in | |
| 4943 | + | 151.18Minnesota that is not subject to tax under subdivision 2 is required to collect the tax imposed | |
| 4944 | + | 151.19under subdivision 4 from the purchaser of the taxable cannabis product and give the purchaser | |
| 4945 | + | 151.20a receipt for the tax paid. The tax collected must be remitted to the commissioner in the | |
| 4946 | + | 151.21same manner prescribed for the taxes imposed under chapter 297A. | |
| 4947 | + | 151.22 Subd. 8.Taxes paid to another state or any subdivision thereof; credit.A taxable | |
| 4948 | + | 151.23cannabis product retailer that has paid taxes to another state or any subdivision thereof | |
| 4949 | + | 151.24measured by gross receipts and is subject to tax under this section on the same gross receipts | |
| 4950 | + | 151.25is entitled to a credit for the tax legally due and paid to another state or any subdivision | |
| 4951 | + | 151.26thereof to the extent of the lesser of (1) the tax actually paid to the other state or any | |
| 4952 | + | 151.27subdivision thereof, or (2) the amount of tax imposed by Minnesota on the gross receipts | |
| 4953 | + | 151.28subject to tax in the other taxing state or any subdivision thereof. | |
| 4954 | + | 151.29 Subd. 9.Sourcing of sales.Section 297A.668 applies to the taxes imposed by this | |
| 4955 | + | 151.30section. | |
| 4956 | + | 151.31 Subd. 10.Administration.Unless specifically provided otherwise, the audit, assessment, | |
| 4957 | + | 151.32refund, penalty, interest, enforcement, collection remedies, appeal, and administrative | |
| 4958 | + | 151.33provisions of chapters 270C and 289A that are applicable to taxes imposed under chapter | |
| 4959 | + | 151Article 2 Sec. 8. | |
| 4960 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 152.1297A, except the requirement to file returns and remit taxes due electronically if authorized | |
| 4961 | + | 152.2under section 289A.33, apply to the tax imposed under this section. | |
| 4962 | + | 152.3 Subd. 11.Returns; payment of tax.(a) A taxable cannabis product retailer must report | |
| 4963 | + | 152.4the tax on a return prescribed by the commissioner and must remit the tax in a form and | |
| 4964 | + | 152.5manner prescribed by the commissioner. The return and the tax must be filed and paid using | |
| 4965 | + | 152.6the filing cycle and due dates provided for taxes imposed under section 289A.20, subdivision | |
| 4966 | + | 152.74, and chapter 297A. | |
| 4967 | + | 152.8 (b) Interest must be paid on an overpayment refunded or credited to the taxpayer from | |
| 4968 | + | 152.9the date of payment of the tax until the date the refund is paid or credited. For purposes of | |
| 4969 | + | 152.10this subdivision, the date of payment is the due date of the return or the date of actual | |
| 4970 | + | 152.11payment of the tax, whichever is later. | |
| 4971 | + | 152.12 Subd. 12.Deposit of revenues.The commissioner must deposit all revenues, including | |
| 4972 | + | 152.13penalties and interest, derived from the tax imposed by this section in the general fund. | |
| 4973 | + | 152.14 Subd. 13.Personal debt.The tax imposed by this section, and interest and penalties | |
| 4974 | + | 152.15imposed with respect to it, are a personal debt of the person required to file a return from | |
| 4975 | + | 152.16the time that the liability for it arises, irrespective of when the time for payment of the | |
| 4976 | + | 152.17liability occurs. The debt must, in the case of the executor or administrator of the estate of | |
| 4977 | + | 152.18a decedent and in the case of a fiduciary, only be that of the person in the person's official | |
| 4978 | + | 152.19or fiduciary capacity, unless the person has voluntarily distributed the assets held in that | |
| 4979 | + | 152.20capacity without reserving sufficient assets to pay the tax, interest, and penalties, in which | |
| 4980 | + | 152.21event the person is personally liable for any deficiency. | |
| 4981 | + | 152.22 EFFECTIVE DATE.This section is effective for gross receipts received after June 30, | |
| 4982 | + | 152.232023. | |
| 4983 | + | 152.24Sec. 9. Minnesota Statutes 2022, section 297A.61, subdivision 3, is amended to read: | |
| 4984 | + | 152.25 Subd. 3.Sale and purchase.(a) "Sale" and "purchase" include, but are not limited to, | |
| 4985 | + | 152.26each of the transactions listed in this subdivision. In applying the provisions of this chapter, | |
| 4986 | + | 152.27the terms "tangible personal property" and "retail sale" include the taxable services listed | |
| 4987 | + | 152.28in paragraph (g), clause (6), items (i) to (vi) and (viii), and the provision of these taxable | |
| 4988 | + | 152.29services, unless specifically provided otherwise. Services performed by an employee for | |
| 4989 | + | 152.30an employer are not taxable. Services performed by a partnership or association for another | |
| 4990 | + | 152.31partnership or association are not taxable if one of the entities owns or controls more than | |
| 4991 | + | 152.3280 percent of the voting power of the equity interest in the other entity. Services performed | |
| 4992 | + | 152.33between members of an affiliated group of corporations are not taxable. For purposes of | |
| 4983 | 4993 | 152Article 2 Sec. 9. | |
| 4984 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 153.1 (o) "Medical cannabinoid product" has the meaning given in section 342.01, subdivision | |
| 4985 | - | 153.252. | |
| 4986 | - | 153.3 (p) "Medical cannabis paraphernalia" has the meaning given in section 342.01, | |
| 4987 | - | 153.4subdivision 55. | |
| 4988 | - | 153.5 (q) "Retail sale" has the meaning given in section 297A.61, subdivision 4. | |
| 4989 | - | 153.6 (r) "Taxable cannabis product" means cannabis flower, cannabis product, cannabis | |
| 4990 | - | 153.7solution product, hemp-derived consumer product, lower-potency hemp edible, and any | |
| 4991 | - | 153.8substantially similar item. | |
| 4992 | - | 153.9 (s) "Taxable cannabis product retailer" means a retailer that sells any taxable cannabis | |
| 4993 | - | 153.10product, and includes a cannabis retailer, cannabis microbusiness, cannabis mezzobusiness, | |
| 4994 | - | 153.11medical cannabis combination business, and lower-potency hemp edible retailer. Taxable | |
| 4995 | - | 153.12cannabis product retailer includes but is not limited to a: | |
| 4996 | - | 153.13 (1) retailer maintaining a place of business in this state; | |
| 4997 | - | 153.14 (2) marketplace provider maintaining a place of business in this state, as defined in | |
| 4998 | - | 153.15section 297A.66, subdivision 1, paragraph (a); | |
| 4999 | - | 153.16 (3) retailer not maintaining a place of business in this state; and | |
| 5000 | - | 153.17 (4) marketplace provider not maintaining a place of business in this state, as defined in | |
| 5001 | - | 153.18section 297A.66, subdivision 1, paragraph (b). | |
| 5002 | - | 153.19 Subd. 2.Gross receipts tax imposed.(a) A tax equal to ten percent of gross receipts | |
| 5003 | - | 153.20from retail sales in Minnesota of taxable cannabis products is imposed on any taxable | |
| 5004 | - | 153.21cannabis product retailer that sells these products to customers. A taxable cannabis product | |
| 5005 | - | 153.22retailer may but is not required to collect the tax imposed by this section from the purchaser | |
| 5006 | - | 153.23as long as the tax is separately stated on the receipt, invoice, bill of sale, or similar document | |
| 5007 | - | 153.24given to the purchaser. | |
| 5008 | - | 153.25 (b) If a product subject to the tax imposed under this section is included in a bundled | |
| 5009 | - | 153.26transaction, the entire sales price of the bundled transaction is subject to the tax imposed | |
| 5010 | - | 153.27under this section. | |
| 5011 | - | 153.28 (c) The tax imposed under this section is in addition to any other tax imposed on the | |
| 5012 | - | 153.29sale or use of taxable cannabis products. | |
| 5013 | - | 153.30 Subd. 3.Use tax imposed; credit for taxes paid.(a) A person that receives taxable | |
| 5014 | - | 153.31cannabis products for use or storage in Minnesota, other than from a taxable cannabis product | |
| 5015 | - | 153.32retailer that paid the tax under subdivision 2, is subject to tax at the rate imposed under | |
| 4994 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 153.1the preceding sentence, "affiliated group of corporations" means those entities that would | |
| 4995 | + | 153.2be classified as members of an affiliated group as defined under United States Code, title | |
| 4996 | + | 153.326, section 1504, disregarding the exclusions in section 1504(b). | |
| 4997 | + | 153.4 (b) Sale and purchase include: | |
| 4998 | + | 153.5 (1) any transfer of title or possession, or both, of tangible personal property, whether | |
| 4999 | + | 153.6absolutely or conditionally, for a consideration in money or by exchange or barter; and | |
| 5000 | + | 153.7 (2) the leasing of or the granting of a license to use or consume, for a consideration in | |
| 5001 | + | 153.8money or by exchange or barter, tangible personal property, other than a manufactured | |
| 5002 | + | 153.9home used for residential purposes for a continuous period of 30 days or more. | |
| 5003 | + | 153.10 (c) Sale and purchase include the production, fabrication, printing, or processing of | |
| 5004 | + | 153.11tangible personal property for a consideration for consumers who furnish either directly or | |
| 5005 | + | 153.12indirectly the materials used in the production, fabrication, printing, or processing. | |
| 5006 | + | 153.13 (d) Sale and purchase include the preparing for a consideration of food. Notwithstanding | |
| 5007 | + | 153.14section 297A.67, subdivision 2, taxable food includes, but is not limited to, the following: | |
| 5008 | + | 153.15 (1) prepared food sold by the retailer; | |
| 5009 | + | 153.16 (2) soft drinks; | |
| 5010 | + | 153.17 (3) candy; and | |
| 5011 | + | 153.18 (4) dietary supplements. | |
| 5012 | + | 153.19 (e) A sale and a purchase includes the furnishing for a consideration of electricity, gas, | |
| 5013 | + | 153.20water, or steam for use or consumption within this state. | |
| 5014 | + | 153.21 (f) A sale and a purchase includes the transfer for a consideration of prewritten computer | |
| 5015 | + | 153.22software whether delivered electronically, by load and leave, or otherwise. | |
| 5016 | + | 153.23 (g) A sale and a purchase includes the furnishing for a consideration of the following | |
| 5017 | + | 153.24services: | |
| 5018 | + | 153.25 (1) the privilege of admission to places of amusement, recreational areas, or athletic | |
| 5019 | + | 153.26events, and the making available of amusement devices, tanning facilities, reducing salons, | |
| 5020 | + | 153.27steam baths, health clubs, and spas or athletic facilities; | |
| 5021 | + | 153.28 (2) lodging and related services by a hotel, rooming house, resort, campground, motel, | |
| 5022 | + | 153.29or trailer camp, including furnishing the guest of the facility with access to telecommunication | |
| 5023 | + | 153.30services, and the granting of any similar license to use real property in a specific facility, | |
| 5024 | + | 153.31other than the renting or leasing of it for a continuous period of 30 days or more under an | |
| 5016 | 5025 | 153Article 2 Sec. 9. | |
| 5017 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 154.1subdivision 2. Liability for the tax is incurred when the person has possession of the taxable | |
| 5018 | - | 154.2cannabis product in Minnesota. The tax must be remitted to the commissioner in the same | |
| 5019 | - | 154.3manner prescribed for taxes imposed under chapter 297A. | |
| 5020 | - | 154.4 (b) A person that has paid taxes to another state or any subdivision thereof on the same | |
| 5021 | - | 154.5transaction and is subject to tax under this section is entitled to a credit for the tax legally | |
| 5022 | - | 154.6due and paid to another state or subdivision thereof to the extent of the lesser of (1) the tax | |
| 5023 | - | 154.7actually paid to the other state or subdivision thereof, or (2) the amount of tax imposed by | |
| 5024 | - | 154.8Minnesota on the transaction subject to tax in the other state or subdivision thereof. | |
| 5025 | - | 154.9 Subd. 4.Exemptions.(a) The use tax imposed under subdivision 3, paragraph (a), does | |
| 5026 | - | 154.10not apply to the possession, use, or storage of taxable cannabis products if (1) the taxable | |
| 5027 | - | 154.11cannabis products have an aggregate cost in any calendar month to the customer of $100 | |
| 5028 | - | 154.12or less, and (2) the taxable cannabis products were carried into this state by the customer. | |
| 5029 | - | 154.13 (b) The tax imposed under this section does not apply to sales of medical items purchased | |
| 5030 | - | 154.14by or for a patient enrolled in the registry program, including medical cannabis flower, | |
| 5031 | - | 154.15medical cannabinoid products, or medical cannabis paraphernalia. | |
| 5032 | - | 154.16 (c) Unless otherwise specified in this section, the exemptions applicable to taxes imposed | |
| 5033 | - | 154.17under chapter 297A are not applicable to the taxes imposed under this section. | |
| 5034 | - | 154.18 (d) The tax imposed under this section does not apply to: | |
| 5035 | - | 154.19 (1) sales made in Indian country as defined in United States Code, title 18, section 1151, | |
| 5036 | - | 154.20by a cannabis business licensed by a Minnesota Tribal government, as defined in section | |
| 5037 | - | 154.213.9228, subdivision 1, paragraph (f); or | |
| 5038 | - | 154.22 (2) use tax owed on taxable cannabis products purchased on Tribally regulated land as | |
| 5039 | - | 154.23defined in section 3.9228, subdivision 1, from a cannabis business licensed by a Minnesota | |
| 5040 | - | 154.24Tribal government as defined in section 3.9228, subdivision 1, paragraph (f). | |
| 5041 | - | 154.25 Subd. 5.Tax collection required.A taxable cannabis product retailer with nexus in | |
| 5042 | - | 154.26Minnesota that is not subject to tax under subdivision 2 is required to collect the tax imposed | |
| 5043 | - | 154.27under subdivision 4 from the purchaser of the taxable cannabis product and give the purchaser | |
| 5044 | - | 154.28a receipt for the tax paid. The tax collected must be remitted to the commissioner in the | |
| 5045 | - | 154.29same manner prescribed for the taxes imposed under chapter 297A. | |
| 5046 | - | 154.30 Subd. 6.Taxes paid to another state or any subdivision thereof; credit.A taxable | |
| 5047 | - | 154.31cannabis product retailer that has paid taxes to another state or any subdivision thereof | |
| 5048 | - | 154.32measured by gross receipts and is subject to tax under this section on the same gross receipts | |
| 5049 | - | 154.33is entitled to a credit for the tax legally due and paid to another state or any subdivision | |
| 5026 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 154.1enforceable written agreement that may not be terminated without prior notice and including | |
| 5027 | + | 154.2accommodations intermediary services provided in connection with other services provided | |
| 5028 | + | 154.3under this clause; | |
| 5029 | + | 154.4 (3) nonresidential parking services, whether on a contractual, hourly, or other periodic | |
| 5030 | + | 154.5basis, except for parking at a meter; | |
| 5031 | + | 154.6 (4) the granting of membership in a club, association, or other organization if: | |
| 5032 | + | 154.7 (i) the club, association, or other organization makes available for the use of its members | |
| 5033 | + | 154.8sports and athletic facilities, without regard to whether a separate charge is assessed for use | |
| 5034 | + | 154.9of the facilities; and | |
| 5035 | + | 154.10 (ii) use of the sports and athletic facility is not made available to the general public on | |
| 5036 | + | 154.11the same basis as it is made available to members. | |
| 5037 | + | 154.12Granting of membership means both onetime initiation fees and periodic membership dues. | |
| 5038 | + | 154.13Sports and athletic facilities include golf courses; tennis, racquetball, handball, and squash | |
| 5039 | + | 154.14courts; basketball and volleyball facilities; running tracks; exercise equipment; swimming | |
| 5040 | + | 154.15pools; and other similar athletic or sports facilities; | |
| 5041 | + | 154.16 (5) delivery of aggregate materials by a third party, excluding delivery of aggregate | |
| 5042 | + | 154.17material used in road construction; and delivery of concrete block by a third party if the | |
| 5043 | + | 154.18delivery would be subject to the sales tax if provided by the seller of the concrete block. | |
| 5044 | + | 154.19For purposes of this clause, "road construction" means construction of: | |
| 5045 | + | 154.20 (i) public roads; | |
| 5046 | + | 154.21 (ii) cartways; and | |
| 5047 | + | 154.22 (iii) private roads in townships located outside of the seven-county metropolitan area | |
| 5048 | + | 154.23up to the point of the emergency response location sign; and | |
| 5049 | + | 154.24 (6) services as provided in this clause: | |
| 5050 | + | 154.25 (i) laundry and dry cleaning services including cleaning, pressing, repairing, altering, | |
| 5051 | + | 154.26and storing clothes, linen services and supply, cleaning and blocking hats, and carpet, | |
| 5052 | + | 154.27drapery, upholstery, and industrial cleaning. Laundry and dry cleaning services do not | |
| 5053 | + | 154.28include services provided by coin operated facilities operated by the customer; | |
| 5054 | + | 154.29 (ii) motor vehicle washing, waxing, and cleaning services, including services provided | |
| 5055 | + | 154.30by coin operated facilities operated by the customer, and rustproofing, undercoating, and | |
| 5056 | + | 154.31towing of motor vehicles; | |
| 5050 | 5057 | 154Article 2 Sec. 9. | |
| 5051 | - | REVISOR BD H0100- | |
| 5052 | - | 155. | |
| 5053 | - | 155. | |
| 5054 | - | 155. | |
| 5055 | - | 155. | |
| 5056 | - | 155. | |
| 5057 | - | 155. | |
| 5058 | - | 155. | |
| 5059 | - | 155. | |
| 5060 | - | 155. | |
| 5061 | - | 155. | |
| 5062 | - | 155. | |
| 5063 | - | 155. | |
| 5064 | - | 155. | |
| 5065 | - | 155. | |
| 5066 | - | 155.16 ( | |
| 5067 | - | 155. | |
| 5068 | - | 155. | |
| 5069 | - | 155. | |
| 5070 | - | 155. | |
| 5071 | - | 155. | |
| 5072 | - | 155. | |
| 5073 | - | 155. | |
| 5074 | - | 155.24 ( | |
| 5075 | - | 155. | |
| 5076 | - | 155. | |
| 5077 | - | 155. | |
| 5078 | - | 155. | |
| 5079 | - | 155. | |
| 5080 | - | 155. | |
| 5081 | - | 155. | |
| 5082 | - | 155. | |
| 5083 | - | 155. | |
| 5058 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 155.1 (iii) building and residential cleaning, maintenance, and disinfecting services and pest | |
| 5059 | + | 155.2control and exterminating services; | |
| 5060 | + | 155.3 (iv) detective, security, burglar, fire alarm, and armored car services; but not including | |
| 5061 | + | 155.4services performed within the jurisdiction they serve by off-duty licensed peace officers as | |
| 5062 | + | 155.5defined in section 626.84, subdivision 1, or services provided by a nonprofit organization | |
| 5063 | + | 155.6or any organization at the direction of a county for monitoring and electronic surveillance | |
| 5064 | + | 155.7of persons placed on in-home detention pursuant to court order or under the direction of the | |
| 5065 | + | 155.8Minnesota Department of Corrections; | |
| 5066 | + | 155.9 (v) pet grooming services; | |
| 5067 | + | 155.10 (vi) lawn care, fertilizing, mowing, spraying and sprigging services; garden planting | |
| 5068 | + | 155.11and maintenance; tree, bush, and shrub pruning, bracing, spraying, and surgery; indoor plant | |
| 5069 | + | 155.12care; tree, bush, shrub, and stump removal, except when performed as part of a land clearing | |
| 5070 | + | 155.13contract as defined in section 297A.68, subdivision 40; and tree trimming for public utility | |
| 5071 | + | 155.14lines. Services performed under a construction contract for the installation of shrubbery, | |
| 5072 | + | 155.15plants, sod, trees, bushes, and similar items are not taxable; | |
| 5073 | + | 155.16 (vii) massages, except when provided by a licensed health care facility or professional | |
| 5074 | + | 155.17or upon written referral from a licensed health care facility or professional for treatment of | |
| 5075 | + | 155.18illness, injury, or disease; and | |
| 5076 | + | 155.19 (viii) the furnishing of lodging, board, and care services for animals in kennels and other | |
| 5077 | + | 155.20similar arrangements, but excluding veterinary and horse boarding services. | |
| 5078 | + | 155.21 (h) A sale and a purchase includes the furnishing for a consideration of tangible personal | |
| 5079 | + | 155.22property or taxable services by the United States or any of its agencies or instrumentalities, | |
| 5080 | + | 155.23or the state of Minnesota, its agencies, instrumentalities, or political subdivisions. | |
| 5081 | + | 155.24 (i) A sale and a purchase includes the furnishing for a consideration of | |
| 5082 | + | 155.25telecommunications services, ancillary services associated with telecommunication services, | |
| 5083 | + | 155.26and pay television services. Telecommunication services include, but are not limited to, the | |
| 5084 | + | 155.27following services, as defined in section 297A.669: air-to-ground radiotelephone service, | |
| 5085 | + | 155.28mobile telecommunication service, postpaid calling service, prepaid calling service, prepaid | |
| 5086 | + | 155.29wireless calling service, and private communication services. The services in this paragraph | |
| 5087 | + | 155.30are taxed to the extent allowed under federal law. | |
| 5088 | + | 155.31 (j) A sale and a purchase includes the furnishing for a consideration of installation if the | |
| 5089 | + | 155.32installation charges would be subject to the sales tax if the installation were provided by | |
| 5090 | + | 155.33the seller of the item being installed. | |
| 5084 | 5091 | 155Article 2 Sec. 9. | |
| 5085 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 156.1 EFFECTIVE DATE.This section is effective for gross receipts received after June 30, | |
| 5086 | - | 156.22023. | |
| 5087 | - | 156.3Sec. 10. [295.82] CANNABIS LOCAL TAX PROHIBITED. | |
| 5088 | - | 156.4 A political subdivision of this state is prohibited from imposing a tax solely on the sale | |
| 5089 | - | 156.5of taxable cannabis products as defined under section 295.81, subdivision 1, paragraph (r). | |
| 5090 | - | 156.6 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 5091 | - | 156.7Sec. 11. Minnesota Statutes 2022, section 297A.61, subdivision 3, is amended to read: | |
| 5092 | - | 156.8 Subd. 3.Sale and purchase.(a) "Sale" and "purchase" include, but are not limited to, | |
| 5093 | - | 156.9each of the transactions listed in this subdivision. In applying the provisions of this chapter, | |
| 5094 | - | 156.10the terms "tangible personal property" and "retail sale" include the taxable services listed | |
| 5095 | - | 156.11in paragraph (g), clause (6), items (i) to (vi) and (viii), and the provision of these taxable | |
| 5096 | - | 156.12services, unless specifically provided otherwise. Services performed by an employee for | |
| 5097 | - | 156.13an employer are not taxable. Services performed by a partnership or association for another | |
| 5098 | - | 156.14partnership or association are not taxable if one of the entities owns or controls more than | |
| 5099 | - | 156.1580 percent of the voting power of the equity interest in the other entity. Services performed | |
| 5100 | - | 156.16between members of an affiliated group of corporations are not taxable. For purposes of | |
| 5101 | - | 156.17the preceding sentence, "affiliated group of corporations" means those entities that would | |
| 5102 | - | 156.18be classified as members of an affiliated group as defined under United States Code, title | |
| 5103 | - | 156.1926, section 1504, disregarding the exclusions in section 1504(b). | |
| 5104 | - | 156.20 (b) Sale and purchase include: | |
| 5105 | - | 156.21 (1) any transfer of title or possession, or both, of tangible personal property, whether | |
| 5106 | - | 156.22absolutely or conditionally, for a consideration in money or by exchange or barter; and | |
| 5107 | - | 156.23 (2) the leasing of or the granting of a license to use or consume, for a consideration in | |
| 5108 | - | 156.24money or by exchange or barter, tangible personal property, other than a manufactured | |
| 5109 | - | 156.25home used for residential purposes for a continuous period of 30 days or more. | |
| 5110 | - | 156.26 (c) Sale and purchase include the production, fabrication, printing, or processing of | |
| 5111 | - | 156.27tangible personal property for a consideration for consumers who furnish either directly or | |
| 5112 | - | 156.28indirectly the materials used in the production, fabrication, printing, or processing. | |
| 5113 | - | 156.29 (d) Sale and purchase include the preparing for a consideration of food. Notwithstanding | |
| 5114 | - | 156.30section 297A.67, subdivision 2, taxable food includes, but is not limited to, the following: | |
| 5115 | - | 156.31 (1) prepared food sold by the retailer; | |
| 5116 | - | 156Article 2 Sec. 11. | |
| 5117 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 157.1 (2) soft drinks; | |
| 5118 | - | 157.2 (3) candy; and | |
| 5119 | - | 157.3 (4) dietary supplements. | |
| 5120 | - | 157.4 (e) A sale and a purchase includes the furnishing for a consideration of electricity, gas, | |
| 5121 | - | 157.5water, or steam for use or consumption within this state. | |
| 5122 | - | 157.6 (f) A sale and a purchase includes the transfer for a consideration of prewritten computer | |
| 5123 | - | 157.7software whether delivered electronically, by load and leave, or otherwise. | |
| 5124 | - | 157.8 (g) A sale and a purchase includes the furnishing for a consideration of the following | |
| 5125 | - | 157.9services: | |
| 5126 | - | 157.10 (1) the privilege of admission to places of amusement, recreational areas, or athletic | |
| 5127 | - | 157.11events, and the making available of amusement devices, tanning facilities, reducing salons, | |
| 5128 | - | 157.12steam baths, health clubs, and spas or athletic facilities; | |
| 5129 | - | 157.13 (2) lodging and related services by a hotel, rooming house, resort, campground, motel, | |
| 5130 | - | 157.14or trailer camp, including furnishing the guest of the facility with access to telecommunication | |
| 5131 | - | 157.15services, and the granting of any similar license to use real property in a specific facility, | |
| 5132 | - | 157.16other than the renting or leasing of it for a continuous period of 30 days or more under an | |
| 5133 | - | 157.17enforceable written agreement that may not be terminated without prior notice and including | |
| 5134 | - | 157.18accommodations intermediary services provided in connection with other services provided | |
| 5135 | - | 157.19under this clause; | |
| 5136 | - | 157.20 (3) nonresidential parking services, whether on a contractual, hourly, or other periodic | |
| 5137 | - | 157.21basis, except for parking at a meter; | |
| 5138 | - | 157.22 (4) the granting of membership in a club, association, or other organization if: | |
| 5139 | - | 157.23 (i) the club, association, or other organization makes available for the use of its members | |
| 5140 | - | 157.24sports and athletic facilities, without regard to whether a separate charge is assessed for use | |
| 5141 | - | 157.25of the facilities; and | |
| 5142 | - | 157.26 (ii) use of the sports and athletic facility is not made available to the general public on | |
| 5143 | - | 157.27the same basis as it is made available to members. | |
| 5144 | - | 157.28Granting of membership means both onetime initiation fees and periodic membership dues. | |
| 5145 | - | 157.29Sports and athletic facilities include golf courses; tennis, racquetball, handball, and squash | |
| 5146 | - | 157.30courts; basketball and volleyball facilities; running tracks; exercise equipment; swimming | |
| 5147 | - | 157.31pools; and other similar athletic or sports facilities; | |
| 5092 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 156.1 (k) A sale and a purchase includes the rental of a vehicle by a motor vehicle dealer to a | |
| 5093 | + | 156.2customer when (1) the vehicle is rented by the customer for a consideration, or (2) the motor | |
| 5094 | + | 156.3vehicle dealer is reimbursed pursuant to a service contract as defined in section 59B.02, | |
| 5095 | + | 156.4subdivision 11. | |
| 5096 | + | 156.5 (l) A sale and a purchase includes furnishing for a consideration of specified digital | |
| 5097 | + | 156.6products or other digital products or granting the right for a consideration to use specified | |
| 5098 | + | 156.7digital products or other digital products on a temporary or permanent basis and regardless | |
| 5099 | + | 156.8of whether the purchaser is required to make continued payments for such right. Wherever | |
| 5100 | + | 156.9the term "tangible personal property" is used in this chapter, other than in subdivisions 10 | |
| 5101 | + | 156.10and 38, the provisions also apply to specified digital products, or other digital products, | |
| 5102 | + | 156.11unless specifically provided otherwise or the context indicates otherwise. | |
| 5103 | + | 156.12 (m) The sale of the privilege of admission under section 297A.61, subdivision 3, | |
| 5104 | + | 156.13paragraph (g), clause (1), to a place of amusement, recreational area, or athletic event | |
| 5105 | + | 156.14includes all charges included in the privilege of admission's sales price, without deduction | |
| 5106 | + | 156.15for amenities that may be provided, unless the amenities are separately stated and the | |
| 5107 | + | 156.16purchaser of the privilege of admission is entitled to add or decline the amenities, and the | |
| 5108 | + | 156.17amenities are not otherwise taxable. | |
| 5109 | + | 156.18 (n) A sale and purchase includes the transfer for consideration of a taxable cannabis | |
| 5110 | + | 156.19product as defined in section 295.81, subdivision 1, paragraph (r). | |
| 5111 | + | 156.20 EFFECTIVE DATE.This section is effective for sales and purchases made after June | |
| 5112 | + | 156.2130, 2023. | |
| 5113 | + | 156.22Sec. 10. Minnesota Statutes 2022, section 297A.67, subdivision 2, is amended to read: | |
| 5114 | + | 156.23 Subd. 2.Food and food ingredients.Except as otherwise provided in this subdivision, | |
| 5115 | + | 156.24food and food ingredients are exempt. For purposes of this subdivision, "food" and "food | |
| 5116 | + | 156.25ingredients" mean substances, whether in liquid, concentrated, solid, frozen, dried, or | |
| 5117 | + | 156.26dehydrated form, that are sold for ingestion or chewing by humans and are consumed for | |
| 5118 | + | 156.27their taste or nutritional value. Food and food ingredients exempt under this subdivision do | |
| 5119 | + | 156.28not include candy, soft drinks, dietary supplements, and prepared foods. Food and food | |
| 5120 | + | 156.29ingredients do not include alcoholic beverages and, tobacco, taxable cannabis products, | |
| 5121 | + | 156.30medical cannabis flower, and medical cannabinoid products. For purposes of this subdivision, | |
| 5122 | + | 156.31"alcoholic beverages" means beverages that are suitable for human consumption and contain | |
| 5123 | + | 156.32one-half of one percent or more of alcohol by volume. For purposes of this subdivision, | |
| 5124 | + | 156.33"tobacco" means cigarettes, cigars, chewing or pipe tobacco, or any other item that contains | |
| 5125 | + | 156.34tobacco. For purposes of this subdivision, "taxable cannabis product" has the meaning given | |
| 5126 | + | 156Article 2 Sec. 10. | |
| 5127 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 157.1in section 295.81, subdivision 1, paragraph (r), "medical cannabis flower" has the meaning | |
| 5128 | + | 157.2given in section 342.01, subdivision 52, and "medical cannabinoid product" has the meaning | |
| 5129 | + | 157.3given in section 342.01, subdivision 50. For purposes of this subdivision, "dietary | |
| 5130 | + | 157.4supplements" means any product, other than tobacco, intended to supplement the diet that: | |
| 5131 | + | 157.5 (1) contains one or more of the following dietary ingredients: | |
| 5132 | + | 157.6 (i) a vitamin; | |
| 5133 | + | 157.7 (ii) a mineral; | |
| 5134 | + | 157.8 (iii) an herb or other botanical; | |
| 5135 | + | 157.9 (iv) an amino acid; | |
| 5136 | + | 157.10 (v) a dietary substance for use by humans to supplement the diet by increasing the total | |
| 5137 | + | 157.11dietary intake; and | |
| 5138 | + | 157.12 (vi) a concentrate, metabolite, constituent, extract, or combination of any ingredient | |
| 5139 | + | 157.13described in items (i) to (v); | |
| 5140 | + | 157.14 (2) is intended for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid form, | |
| 5141 | + | 157.15or if not intended for ingestion in such form, is not represented as conventional food and is | |
| 5142 | + | 157.16not represented for use as a sole item of a meal or of the diet; and | |
| 5143 | + | 157.17 (3) is required to be labeled as a dietary supplement, identifiable by the supplement facts | |
| 5144 | + | 157.18box found on the label and as required pursuant to Code of Federal Regulations, title 21, | |
| 5145 | + | 157.19section 101.36. | |
| 5146 | + | 157.20 EFFECTIVE DATE.This section is effective for sales and purchases made after June | |
| 5147 | + | 157.2130, 2023. | |
| 5148 | + | 157.22Sec. 11. Minnesota Statutes 2022, section 297A.67, subdivision 7, is amended to read: | |
| 5149 | + | 157.23 Subd. 7.Drugs; medical devices.(a) Sales of the following drugs and medical devices | |
| 5150 | + | 157.24for human use are exempt: | |
| 5151 | + | 157.25 (1) drugs, including over-the-counter drugs; | |
| 5152 | + | 157.26 (2) single-use finger-pricking devices for the extraction of blood and other single-use | |
| 5153 | + | 157.27devices and single-use diagnostic agents used in diagnosing, monitoring, or treating diabetes; | |
| 5154 | + | 157.28 (3) insulin and medical oxygen for human use, regardless of whether prescribed or sold | |
| 5155 | + | 157.29over the counter; | |
| 5156 | + | 157.30 (4) prosthetic devices; | |
| 5148 | 5157 | 157Article 2 Sec. 11. | |
| 5149 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 158.1 (5) delivery of aggregate materials by a third party, excluding delivery of aggregate | |
| 5150 | - | 158.2material used in road construction; and delivery of concrete block by a third party if the | |
| 5151 | - | 158.3delivery would be subject to the sales tax if provided by the seller of the concrete block. | |
| 5152 | - | 158.4For purposes of this clause, "road construction" means construction of: | |
| 5153 | - | 158.5 (i) public roads; | |
| 5154 | - | 158.6 (ii) cartways; and | |
| 5155 | - | 158.7 (iii) private roads in townships located outside of the seven-county metropolitan area | |
| 5156 | - | 158.8up to the point of the emergency response location sign; and | |
| 5157 | - | 158.9 (6) services as provided in this clause: | |
| 5158 | - | 158.10 (i) laundry and dry cleaning services including cleaning, pressing, repairing, altering, | |
| 5159 | - | 158.11and storing clothes, linen services and supply, cleaning and blocking hats, and carpet, | |
| 5160 | - | 158.12drapery, upholstery, and industrial cleaning. Laundry and dry cleaning services do not | |
| 5161 | - | 158.13include services provided by coin operated facilities operated by the customer; | |
| 5162 | - | 158.14 (ii) motor vehicle washing, waxing, and cleaning services, including services provided | |
| 5163 | - | 158.15by coin operated facilities operated by the customer, and rustproofing, undercoating, and | |
| 5164 | - | 158.16towing of motor vehicles; | |
| 5165 | - | 158.17 (iii) building and residential cleaning, maintenance, and disinfecting services and pest | |
| 5166 | - | 158.18control and exterminating services; | |
| 5167 | - | 158.19 (iv) detective, security, burglar, fire alarm, and armored car services; but not including | |
| 5168 | - | 158.20services performed within the jurisdiction they serve by off-duty licensed peace officers as | |
| 5169 | - | 158.21defined in section 626.84, subdivision 1, or services provided by a nonprofit organization | |
| 5170 | - | 158.22or any organization at the direction of a county for monitoring and electronic surveillance | |
| 5171 | - | 158.23of persons placed on in-home detention pursuant to court order or under the direction of the | |
| 5172 | - | 158.24Minnesota Department of Corrections; | |
| 5173 | - | 158.25 (v) pet grooming services; | |
| 5174 | - | 158.26 (vi) lawn care, fertilizing, mowing, spraying and sprigging services; garden planting | |
| 5175 | - | 158.27and maintenance; tree, bush, and shrub pruning, bracing, spraying, and surgery; indoor plant | |
| 5176 | - | 158.28care; tree, bush, shrub, and stump removal, except when performed as part of a land clearing | |
| 5177 | - | 158.29contract as defined in section 297A.68, subdivision 40; and tree trimming for public utility | |
| 5178 | - | 158.30lines. Services performed under a construction contract for the installation of shrubbery, | |
| 5179 | - | 158.31plants, sod, trees, bushes, and similar items are not taxable; | |
| 5158 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 158.1 (5) durable medical equipment for home use only; | |
| 5159 | + | 158.2 (6) mobility enhancing equipment; | |
| 5160 | + | 158.3 (7) prescription corrective eyeglasses; and | |
| 5161 | + | 158.4 (8) kidney dialysis equipment, including repair and replacement parts. | |
| 5162 | + | 158.5 (b) Items purchased in transactions covered by: | |
| 5163 | + | 158.6 (1) Medicare as defined under title XVIII of the Social Security Act, United States Code, | |
| 5164 | + | 158.7title 42, section 1395, et seq.; or | |
| 5165 | + | 158.8 (2) Medicaid as defined under title XIX of the Social Security Act, United States Code, | |
| 5166 | + | 158.9title 42, section 1396, et seq. | |
| 5167 | + | 158.10 (c) For purposes of this subdivision: | |
| 5168 | + | 158.11 (1) "Drug" means a compound, substance, or preparation, and any component of a | |
| 5169 | + | 158.12compound, substance, or preparation, other than food and food ingredients, dietary | |
| 5170 | + | 158.13supplements, taxable cannabis products as defined under section 295.81, subdivision 1, | |
| 5171 | + | 158.14paragraph (r), or alcoholic beverages that is: | |
| 5172 | + | 158.15 (i) recognized in the official United States Pharmacopoeia, official Homeopathic | |
| 5173 | + | 158.16Pharmacopoeia of the United States, or official National Formulary, and supplement to any | |
| 5174 | + | 158.17of them; | |
| 5175 | + | 158.18 (ii) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease; | |
| 5176 | + | 158.19or | |
| 5177 | + | 158.20 (iii) intended to affect the structure or any function of the body. | |
| 5178 | + | 158.21 (2) "Durable medical equipment" means equipment, including repair and replacement | |
| 5179 | + | 158.22parts, including single-patient use items, but not including mobility enhancing equipment, | |
| 5180 | + | 158.23that: | |
| 5181 | + | 158.24 (i) can withstand repeated use; | |
| 5182 | + | 158.25 (ii) is primarily and customarily used to serve a medical purpose; | |
| 5183 | + | 158.26 (iii) generally is not useful to a person in the absence of illness or injury; and | |
| 5184 | + | 158.27 (iv) is not worn in or on the body. | |
| 5185 | + | 158.28 For purposes of this clause, "repair and replacement parts" includes all components or | |
| 5186 | + | 158.29attachments used in conjunction with the durable medical equipment, including repair and | |
| 5187 | + | 158.30replacement parts which are for single patient use only. | |
| 5180 | 5188 | 158Article 2 Sec. 11. | |
| 5181 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 159.1 (vii) massages, except when provided by a licensed health care facility or professional | |
| 5182 | - | 159.2or upon written referral from a licensed health care facility or professional for treatment of | |
| 5183 | - | 159.3illness, injury, or disease; and | |
| 5184 | - | 159.4 (viii) the furnishing of lodging, board, and care services for animals in kennels and other | |
| 5185 | - | 159.5similar arrangements, but excluding veterinary and horse boarding services. | |
| 5186 | - | 159.6 (h) A sale and a purchase includes the furnishing for a consideration of tangible personal | |
| 5187 | - | 159.7property or taxable services by the United States or any of its agencies or instrumentalities, | |
| 5188 | - | 159.8or the state of Minnesota, its agencies, instrumentalities, or political subdivisions. | |
| 5189 | - | 159.9 (i) A sale and a purchase includes the furnishing for a consideration of | |
| 5190 | - | 159.10telecommunications services, ancillary services associated with telecommunication services, | |
| 5191 | - | 159.11and pay television services. Telecommunication services include, but are not limited to, the | |
| 5192 | - | 159.12following services, as defined in section 297A.669: air-to-ground radiotelephone service, | |
| 5193 | - | 159.13mobile telecommunication service, postpaid calling service, prepaid calling service, prepaid | |
| 5194 | - | 159.14wireless calling service, and private communication services. The services in this paragraph | |
| 5195 | - | 159.15are taxed to the extent allowed under federal law. | |
| 5196 | - | 159.16 (j) A sale and a purchase includes the furnishing for a consideration of installation if the | |
| 5197 | - | 159.17installation charges would be subject to the sales tax if the installation were provided by | |
| 5198 | - | 159.18the seller of the item being installed. | |
| 5199 | - | 159.19 (k) A sale and a purchase includes the rental of a vehicle by a motor vehicle dealer to a | |
| 5200 | - | 159.20customer when (1) the vehicle is rented by the customer for a consideration, or (2) the motor | |
| 5201 | - | 159.21vehicle dealer is reimbursed pursuant to a service contract as defined in section 59B.02, | |
| 5202 | - | 159.22subdivision 11. | |
| 5203 | - | 159.23 (l) A sale and a purchase includes furnishing for a consideration of specified digital | |
| 5204 | - | 159.24products or other digital products or granting the right for a consideration to use specified | |
| 5205 | - | 159.25digital products or other digital products on a temporary or permanent basis and regardless | |
| 5206 | - | 159.26of whether the purchaser is required to make continued payments for such right. Wherever | |
| 5207 | - | 159.27the term "tangible personal property" is used in this chapter, other than in subdivisions 10 | |
| 5208 | - | 159.28and 38, the provisions also apply to specified digital products, or other digital products, | |
| 5209 | - | 159.29unless specifically provided otherwise or the context indicates otherwise. | |
| 5210 | - | 159.30 (m) The sale of the privilege of admission under section 297A.61, subdivision 3, | |
| 5211 | - | 159.31paragraph (g), clause (1), to a place of amusement, recreational area, or athletic event | |
| 5212 | - | 159.32includes all charges included in the privilege of admission's sales price, without deduction | |
| 5213 | - | 159.33for amenities that may be provided, unless the amenities are separately stated and the | |
| 5189 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 159.1 (3) "Mobility enhancing equipment" means equipment, including repair and replacement | |
| 5190 | + | 159.2parts, but not including durable medical equipment, that: | |
| 5191 | + | 159.3 (i) is primarily and customarily used to provide or increase the ability to move from one | |
| 5192 | + | 159.4place to another and that is appropriate for use either in a home or a motor vehicle; | |
| 5193 | + | 159.5 (ii) is not generally used by persons with normal mobility; and | |
| 5194 | + | 159.6 (iii) does not include any motor vehicle or equipment on a motor vehicle normally | |
| 5195 | + | 159.7provided by a motor vehicle manufacturer. | |
| 5196 | + | 159.8 (4) "Over-the-counter drug" means a drug that contains a label that identifies the product | |
| 5197 | + | 159.9as a drug as required by Code of Federal Regulations, title 21, section 201.66. The label | |
| 5198 | + | 159.10must include a "drug facts" panel or a statement of the active ingredients with a list of those | |
| 5199 | + | 159.11ingredients contained in the compound, substance, or preparation. Over-the-counter drugs | |
| 5200 | + | 159.12do not include grooming and hygiene products, regardless of whether they otherwise meet | |
| 5201 | + | 159.13the definition. "Grooming and hygiene products" are soaps, cleaning solutions, shampoo, | |
| 5202 | + | 159.14toothpaste, mouthwash, antiperspirants, and suntan lotions and sunscreens. | |
| 5203 | + | 159.15 (5) "Prescribed" and "prescription" means a direction in the form of an order, formula, | |
| 5204 | + | 159.16or recipe issued in any form of oral, written, electronic, or other means of transmission by | |
| 5205 | + | 159.17a duly licensed health care professional. | |
| 5206 | + | 159.18 (6) "Prosthetic device" means a replacement, corrective, or supportive device, including | |
| 5207 | + | 159.19repair and replacement parts, worn on or in the body to: | |
| 5208 | + | 159.20 (i) artificially replace a missing portion of the body; | |
| 5209 | + | 159.21 (ii) prevent or correct physical deformity or malfunction; or | |
| 5210 | + | 159.22 (iii) support a weak or deformed portion of the body. | |
| 5211 | + | 159.23Prosthetic device does not include corrective eyeglasses. | |
| 5212 | + | 159.24 (7) "Kidney dialysis equipment" means equipment that: | |
| 5213 | + | 159.25 (i) is used to remove waste products that build up in the blood when the kidneys are not | |
| 5214 | + | 159.26able to do so on their own; and | |
| 5215 | + | 159.27 (ii) can withstand repeated use, including multiple use by a single patient, notwithstanding | |
| 5216 | + | 159.28the provisions of clause (2). | |
| 5217 | + | 159.29 (8) A transaction is covered by Medicare or Medicaid if any portion of the cost of the | |
| 5218 | + | 159.30item purchased in the transaction is paid for or reimbursed by the federal government or | |
| 5219 | + | 159.31the state of Minnesota pursuant to the Medicare or Medicaid program, by a private insurance | |
| 5214 | 5220 | 159Article 2 Sec. 11. | |
| 5215 | - | REVISOR BD H0100- | |
| 5216 | - | 160. | |
| 5217 | - | 160. | |
| 5218 | - | 160. | |
| 5219 | - | 160. | |
| 5220 | - | 160. | |
| 5221 | - | 160. | |
| 5222 | - | 160. | |
| 5223 | - | 160. | |
| 5224 | - | 160. | |
| 5225 | - | 160. | |
| 5226 | - | 160. | |
| 5227 | - | 160. | |
| 5228 | - | 160. | |
| 5229 | - | 160. | |
| 5230 | - | 160. | |
| 5231 | - | 160. | |
| 5232 | - | 160. | |
| 5233 | - | 160. | |
| 5234 | - | 160. | |
| 5235 | - | 160. | |
| 5236 | - | 160. | |
| 5237 | - | 160. | |
| 5238 | - | 160. | |
| 5239 | - | 160.25 ( | |
| 5240 | - | 160. | |
| 5241 | - | 160. | |
| 5242 | - | 160.28 ( | |
| 5243 | - | 160.29 ( | |
| 5244 | - | 160. | |
| 5245 | - | 160. | |
| 5246 | - | 160. | |
| 5221 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 160.1company administering the Medicare or Medicaid program on behalf of the federal | |
| 5222 | + | 160.2government or the state of Minnesota, or by a managed care organization for the benefit of | |
| 5223 | + | 160.3a patient enrolled in a prepaid program that furnishes medical services in lieu of conventional | |
| 5224 | + | 160.4Medicare or Medicaid coverage pursuant to agreement with the federal government or the | |
| 5225 | + | 160.5state of Minnesota. | |
| 5226 | + | 160.6 EFFECTIVE DATE.This section is effective for sales and purchases made after June | |
| 5227 | + | 160.730, 2023. | |
| 5228 | + | 160.8Sec. 12. Minnesota Statutes 2022, section 297A.70, subdivision 2, is amended to read: | |
| 5229 | + | 160.9 Subd. 2.Sales to government.(a) All sales, except those listed in paragraph (b), to the | |
| 5230 | + | 160.10following governments and political subdivisions, or to the listed agencies or instrumentalities | |
| 5231 | + | 160.11of governments and political subdivisions, are exempt: | |
| 5232 | + | 160.12 (1) the United States and its agencies and instrumentalities; | |
| 5233 | + | 160.13 (2) school districts, local governments, the University of Minnesota, state universities, | |
| 5234 | + | 160.14community colleges, technical colleges, state academies, the Perpich Minnesota Center for | |
| 5235 | + | 160.15Arts Education, and an instrumentality of a political subdivision that is accredited as an | |
| 5236 | + | 160.16optional/special function school by the North Central Association of Colleges and Schools; | |
| 5237 | + | 160.17 (3) hospitals and nursing homes owned and operated by political subdivisions of the | |
| 5238 | + | 160.18state of tangible personal property and taxable services used at or by hospitals and nursing | |
| 5239 | + | 160.19homes; | |
| 5240 | + | 160.20 (4) notwithstanding paragraph (d), the sales and purchases by the Metropolitan Council | |
| 5241 | + | 160.21of vehicles and repair parts to equip operations provided for in section 473.4051 are exempt | |
| 5242 | + | 160.22through December 31, 2016; | |
| 5243 | + | 160.23 (5) other states or political subdivisions of other states, if the sale would be exempt from | |
| 5244 | + | 160.24taxation if it occurred in that state; and | |
| 5245 | + | 160.25 (6) public libraries, public library systems, multicounty, multitype library systems as | |
| 5246 | + | 160.26defined in section 134.001, county law libraries under chapter 134A, state agency libraries, | |
| 5247 | + | 160.27the state library under section 480.09, and the Legislative Reference Library. | |
| 5248 | + | 160.28 (b) This exemption does not apply to the sales of the following products and services: | |
| 5249 | + | 160.29 (1) building, construction, or reconstruction materials purchased by a contractor or a | |
| 5250 | + | 160.30subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed | |
| 5251 | + | 160.31maximum price covering both labor and materials for use in the construction, alteration, or | |
| 5252 | + | 160.32repair of a building or facility; | |
| 5247 | 5253 | 160Article 2 Sec. 12. | |
| 5248 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 161.1 (2) is intended for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid form, | |
| 5249 | - | 161.2or if not intended for ingestion in such form, is not represented as conventional food and is | |
| 5250 | - | 161.3not represented for use as a sole item of a meal or of the diet; and | |
| 5251 | - | 161.4 (3) is required to be labeled as a dietary supplement, identifiable by the supplement facts | |
| 5252 | - | 161.5box found on the label and as required pursuant to Code of Federal Regulations, title 21, | |
| 5253 | - | 161.6section 101.36. | |
| 5254 | - | 161.7 EFFECTIVE DATE.This section is effective for sales and purchases made after June | |
| 5255 | - | 161.830, 2023. | |
| 5256 | - | 161.9Sec. 13. Minnesota Statutes 2022, section 297A.67, subdivision 7, is amended to read: | |
| 5257 | - | 161.10 Subd. 7.Drugs; medical devices.(a) Sales of the following drugs and medical devices | |
| 5258 | - | 161.11for human use are exempt: | |
| 5259 | - | 161.12 (1) drugs, including over-the-counter drugs; | |
| 5260 | - | 161.13 (2) single-use finger-pricking devices for the extraction of blood and other single-use | |
| 5261 | - | 161.14devices and single-use diagnostic agents used in diagnosing, monitoring, or treating diabetes; | |
| 5262 | - | 161.15 (3) insulin and medical oxygen for human use, regardless of whether prescribed or sold | |
| 5263 | - | 161.16over the counter; | |
| 5264 | - | 161.17 (4) prosthetic devices; | |
| 5265 | - | 161.18 (5) durable medical equipment for home use only; | |
| 5266 | - | 161.19 (6) mobility enhancing equipment; | |
| 5267 | - | 161.20 (7) prescription corrective eyeglasses; and | |
| 5268 | - | 161.21 (8) kidney dialysis equipment, including repair and replacement parts. | |
| 5269 | - | 161.22 (b) Items purchased in transactions covered by: | |
| 5270 | - | 161.23 (1) Medicare as defined under title XVIII of the Social Security Act, United States Code, | |
| 5271 | - | 161.24title 42, section 1395, et seq.; or | |
| 5272 | - | 161.25 (2) Medicaid as defined under title XIX of the Social Security Act, United States Code, | |
| 5273 | - | 161.26title 42, section 1396, et seq. | |
| 5274 | - | 161.27 (c) For purposes of this subdivision: | |
| 5275 | - | 161.28 (1) "Drug" means a compound, substance, or preparation, and any component of a | |
| 5276 | - | 161.29compound, substance, or preparation, other than food and food ingredients, dietary | |
| 5254 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 161.1 (2) construction materials purchased by tax exempt entities or their contractors to be | |
| 5255 | + | 161.2used in constructing buildings or facilities which will not be used principally by the tax | |
| 5256 | + | 161.3exempt entities; | |
| 5257 | + | 161.4 (3) the leasing of a motor vehicle as defined in section 297B.01, subdivision 11, except | |
| 5258 | + | 161.5for leases entered into by the United States or its agencies or instrumentalities; | |
| 5259 | + | 161.6 (4) lodging as defined under section 297A.61, subdivision 3, paragraph (g), clause (2), | |
| 5260 | + | 161.7and prepared food, candy, soft drinks, and alcoholic beverages as defined in section 297A.67, | |
| 5261 | + | 161.8subdivision 2, and taxable cannabis products as defined under section 295.81, subdivision | |
| 5262 | + | 161.91, paragraph (r), except for lodging, prepared food, candy, soft drinks, and alcoholic | |
| 5263 | + | 161.10beverages, and taxable cannabis products purchased directly by the United States or its | |
| 5264 | + | 161.11agencies or instrumentalities; or | |
| 5265 | + | 161.12 (5) goods or services purchased by a local government as inputs to a liquor store, gas | |
| 5266 | + | 161.13or electric utility, solid waste hauling service, solid waste recycling service, landfill, golf | |
| 5267 | + | 161.14course, marina, campground, cafe, or laundromat. | |
| 5268 | + | 161.15 (c) As used in this subdivision, "school districts" means public school entities and districts | |
| 5269 | + | 161.16of every kind and nature organized under the laws of the state of Minnesota, and any | |
| 5270 | + | 161.17instrumentality of a school district, as defined in section 471.59. | |
| 5271 | + | 161.18 (d) For purposes of the exemption granted under this subdivision, "local governments" | |
| 5272 | + | 161.19has the following meaning: | |
| 5273 | + | 161.20 (1) for the period prior to January 1, 2017, local governments means statutory or home | |
| 5274 | + | 161.21rule charter cities, counties, and townships; and | |
| 5275 | + | 161.22 (2) beginning January 1, 2017, local governments means statutory or home rule charter | |
| 5276 | + | 161.23cities, counties, and townships; special districts as defined under section 6.465; any | |
| 5277 | + | 161.24instrumentality of a statutory or home rule charter city, county, or township as defined in | |
| 5278 | + | 161.25section 471.59; and any joint powers board or organization created under section 471.59. | |
| 5279 | + | 161.26 EFFECTIVE DATE.This section is effective for sales and purchases made after June | |
| 5280 | + | 161.2730, 2023. | |
| 5281 | + | 161.28Sec. 13. Minnesota Statutes 2022, section 297A.70, subdivision 4, is amended to read: | |
| 5282 | + | 161.29 Subd. 4.Sales to nonprofit groups.(a) All sales, except those listed in paragraph (b), | |
| 5283 | + | 161.30to the following "nonprofit organizations" are exempt: | |
| 5277 | 5284 | 161Article 2 Sec. 13. | |
| 5278 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 162.1supplements, taxable cannabis products as defined under section 295.81, subdivision 1, | |
| 5279 | - | 162.2paragraph (r), or alcoholic beverages that is: | |
| 5280 | - | 162.3 (i) recognized in the official United States Pharmacopoeia, official Homeopathic | |
| 5281 | - | 162.4Pharmacopoeia of the United States, or official National Formulary, and supplement to any | |
| 5282 | - | 162.5of them; | |
| 5283 | - | 162.6 (ii) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease; | |
| 5284 | - | 162.7or | |
| 5285 | - | 162.8 (iii) intended to affect the structure or any function of the body. | |
| 5286 | - | 162.9 (2) "Durable medical equipment" means equipment, including repair and replacement | |
| 5287 | - | 162.10parts, including single-patient use items, but not including mobility enhancing equipment, | |
| 5288 | - | 162.11that: | |
| 5289 | - | 162.12 (i) can withstand repeated use; | |
| 5290 | - | 162.13 (ii) is primarily and customarily used to serve a medical purpose; | |
| 5291 | - | 162.14 (iii) generally is not useful to a person in the absence of illness or injury; and | |
| 5292 | - | 162.15 (iv) is not worn in or on the body. | |
| 5293 | - | 162.16 For purposes of this clause, "repair and replacement parts" includes all components or | |
| 5294 | - | 162.17attachments used in conjunction with the durable medical equipment, including repair and | |
| 5295 | - | 162.18replacement parts which are for single patient use only. | |
| 5296 | - | 162.19 (3) "Mobility enhancing equipment" means equipment, including repair and replacement | |
| 5297 | - | 162.20parts, but not including durable medical equipment, that: | |
| 5298 | - | 162.21 (i) is primarily and customarily used to provide or increase the ability to move from one | |
| 5299 | - | 162.22place to another and that is appropriate for use either in a home or a motor vehicle; | |
| 5300 | - | 162.23 (ii) is not generally used by persons with normal mobility; and | |
| 5301 | - | 162.24 (iii) does not include any motor vehicle or equipment on a motor vehicle normally | |
| 5302 | - | 162.25provided by a motor vehicle manufacturer. | |
| 5303 | - | 162.26 (4) "Over-the-counter drug" means a drug that contains a label that identifies the product | |
| 5304 | - | 162.27as a drug as required by Code of Federal Regulations, title 21, section 201.66. The label | |
| 5305 | - | 162.28must include a "drug facts" panel or a statement of the active ingredients with a list of those | |
| 5306 | - | 162.29ingredients contained in the compound, substance, or preparation. Over-the-counter drugs | |
| 5307 | - | 162.30do not include grooming and hygiene products, regardless of whether they otherwise meet | |
| 5285 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 162.1 (1) a corporation, society, association, foundation, or institution organized and operated | |
| 5286 | + | 162.2exclusively for charitable, religious, or educational purposes if the item purchased is used | |
| 5287 | + | 162.3in the performance of charitable, religious, or educational functions; | |
| 5288 | + | 162.4 (2) any senior citizen group or association of groups that: | |
| 5289 | + | 162.5 (i) in general limits membership to persons who are either age 55 or older, or persons | |
| 5290 | + | 162.6with a physical disability; | |
| 5291 | + | 162.7 (ii) is organized and operated exclusively for pleasure, recreation, and other nonprofit | |
| 5292 | + | 162.8purposes, not including housing, no part of the net earnings of which inures to the benefit | |
| 5293 | + | 162.9of any private shareholders; and | |
| 5294 | + | 162.10 (iii) is an exempt organization under section 501(c) of the Internal Revenue Code; and | |
| 5295 | + | 162.11 (3) an organization that qualifies for an exemption for memberships under subdivision | |
| 5296 | + | 162.1212 if the item is purchased and used in the performance of the organization's mission. | |
| 5297 | + | 162.13For purposes of this subdivision, charitable purpose includes the maintenance of a cemetery | |
| 5298 | + | 162.14owned by a religious organization. | |
| 5299 | + | 162.15 (b) This exemption does not apply to the following sales: | |
| 5300 | + | 162.16 (1) building, construction, or reconstruction materials purchased by a contractor or a | |
| 5301 | + | 162.17subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed | |
| 5302 | + | 162.18maximum price covering both labor and materials for use in the construction, alteration, or | |
| 5303 | + | 162.19repair of a building or facility; | |
| 5304 | + | 162.20 (2) construction materials purchased by tax-exempt entities or their contractors to be | |
| 5305 | + | 162.21used in constructing buildings or facilities that will not be used principally by the tax-exempt | |
| 5306 | + | 162.22entities; | |
| 5307 | + | 162.23 (3) lodging as defined under section 297A.61, subdivision 3, paragraph (g), clause (2), | |
| 5308 | + | 162.24and prepared food, candy, soft drinks, taxable cannabis products as defined under section | |
| 5309 | + | 162.25295.81, subdivision 1, paragraph (r), and alcoholic beverages as defined in section 297A.67, | |
| 5310 | + | 162.26subdivision 2, except wine purchased by an established religious organization for sacramental | |
| 5311 | + | 162.27purposes or as allowed under subdivision 9a; and | |
| 5312 | + | 162.28 (4) leasing of a motor vehicle as defined in section 297B.01, subdivision 11, except as | |
| 5313 | + | 162.29provided in paragraph (c). | |
| 5314 | + | 162.30 (c) This exemption applies to the leasing of a motor vehicle as defined in section 297B.01, | |
| 5315 | + | 162.31subdivision 11, only if the vehicle is: | |
| 5308 | 5316 | 162Article 2 Sec. 13. | |
| 5309 | - | REVISOR BD H0100- | |
| 5310 | - | 163. | |
| 5311 | - | 163. | |
| 5312 | - | 163. | |
| 5313 | - | 163. | |
| 5314 | - | 163. | |
| 5315 | - | 163. | |
| 5316 | - | 163.8 | |
| 5317 | - | 163. | |
| 5318 | - | 163.10 | |
| 5319 | - | 163. | |
| 5320 | - | 163. | |
| 5321 | - | 163.13 ( | |
| 5322 | - | 163. | |
| 5323 | - | 163. | |
| 5324 | - | 163. | |
| 5325 | - | 163.17 ( | |
| 5326 | - | 163. | |
| 5327 | - | 163. | |
| 5328 | - | 163. | |
| 5329 | - | 163. | |
| 5330 | - | 163. | |
| 5331 | - | 163. | |
| 5332 | - | 163. | |
| 5333 | - | 163. | |
| 5334 | - | 163. | |
| 5335 | - | 163. | |
| 5336 | - | 163. | |
| 5337 | - | 163. | |
| 5338 | - | 163. | |
| 5339 | - | 163. | |
| 5317 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 163.1 (1) a truck, as defined in section 168.002, a bus, as defined in section 168.002, or a | |
| 5318 | + | 163.2passenger automobile, as defined in section 168.002, if the automobile is designed and used | |
| 5319 | + | 163.3for carrying more than nine persons including the driver; and | |
| 5320 | + | 163.4 (2) intended to be used primarily to transport tangible personal property or individuals, | |
| 5321 | + | 163.5other than employees, to whom the organization provides service in performing its charitable, | |
| 5322 | + | 163.6religious, or educational purpose. | |
| 5323 | + | 163.7 (d) A limited liability company also qualifies for exemption under this subdivision if | |
| 5324 | + | 163.8(1) it consists of a sole member that would qualify for the exemption, and (2) the items | |
| 5325 | + | 163.9purchased qualify for the exemption. | |
| 5326 | + | 163.10 EFFECTIVE DATE.This section is effective for sales and purchases made after June | |
| 5327 | + | 163.1130, 2023. | |
| 5328 | + | 163.12Sec. 14. Minnesota Statutes 2022, section 297A.70, subdivision 18, is amended to read: | |
| 5329 | + | 163.13 Subd. 18.Nursing homes and boarding care homes.(a) All sales, except those listed | |
| 5330 | + | 163.14in paragraph (b), to a nursing home licensed under section 144A.02 or a boarding care home | |
| 5331 | + | 163.15certified as a nursing facility under title 19 of the Social Security Act are exempt if the | |
| 5332 | + | 163.16facility: | |
| 5333 | + | 163.17 (1) is exempt from federal income taxation pursuant to section 501(c)(3) of the Internal | |
| 5334 | + | 163.18Revenue Code; and | |
| 5335 | + | 163.19 (2) is certified to participate in the medical assistance program under title 19 of the Social | |
| 5336 | + | 163.20Security Act, or certifies to the commissioner that it does not discharge residents due to the | |
| 5337 | + | 163.21inability to pay. | |
| 5338 | + | 163.22 (b) This exemption does not apply to the following sales: | |
| 5339 | + | 163.23 (1) building, construction, or reconstruction materials purchased by a contractor or a | |
| 5340 | + | 163.24subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed | |
| 5341 | + | 163.25maximum price covering both labor and materials for use in the construction, alteration, or | |
| 5342 | + | 163.26repair of a building or facility; | |
| 5343 | + | 163.27 (2) construction materials purchased by tax-exempt entities or their contractors to be | |
| 5344 | + | 163.28used in constructing buildings or facilities that will not be used principally by the tax-exempt | |
| 5345 | + | 163.29entities; | |
| 5346 | + | 163.30 (3) lodging as defined under section 297A.61, subdivision 3, paragraph (g), clause (2), | |
| 5347 | + | 163.31and prepared food, candy, soft drinks, and alcoholic beverages as defined in section 297A.67, | |
| 5340 | 5348 | 163Article 2 Sec. 14. | |
| 5341 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 164.1business licensed by a Minnesota Tribal government, as defined in section 3.9228, | |
| 5342 | - | 164.2subdivision 1, paragraph (f), is exempt. | |
| 5343 | - | 164.3 EFFECTIVE DATE.This section is effective for sales and purchases made after June | |
| 5344 | - | 164.430, 2023. | |
| 5345 | - | 164.5Sec. 15. Minnesota Statutes 2022, section 297A.70, subdivision 2, is amended to read: | |
| 5346 | - | 164.6 Subd. 2.Sales to government.(a) All sales, except those listed in paragraph (b), to the | |
| 5347 | - | 164.7following governments and political subdivisions, or to the listed agencies or instrumentalities | |
| 5348 | - | 164.8of governments and political subdivisions, are exempt: | |
| 5349 | - | 164.9 (1) the United States and its agencies and instrumentalities; | |
| 5350 | - | 164.10 (2) school districts, local governments, the University of Minnesota, state universities, | |
| 5351 | - | 164.11community colleges, technical colleges, state academies, the Perpich Minnesota Center for | |
| 5352 | - | 164.12Arts Education, and an instrumentality of a political subdivision that is accredited as an | |
| 5353 | - | 164.13optional/special function school by the North Central Association of Colleges and Schools; | |
| 5354 | - | 164.14 (3) hospitals and nursing homes owned and operated by political subdivisions of the | |
| 5355 | - | 164.15state of tangible personal property and taxable services used at or by hospitals and nursing | |
| 5356 | - | 164.16homes; | |
| 5357 | - | 164.17 (4) notwithstanding paragraph (d), the sales and purchases by the Metropolitan Council | |
| 5358 | - | 164.18of vehicles and repair parts to equip operations provided for in section 473.4051 are exempt | |
| 5359 | - | 164.19through December 31, 2016; | |
| 5360 | - | 164.20 (5) other states or political subdivisions of other states, if the sale would be exempt from | |
| 5361 | - | 164.21taxation if it occurred in that state; and | |
| 5362 | - | 164.22 (6) public libraries, public library systems, multicounty, multitype library systems as | |
| 5363 | - | 164.23defined in section 134.001, county law libraries under chapter 134A, state agency libraries, | |
| 5364 | - | 164.24the state library under section 480.09, and the Legislative Reference Library. | |
| 5365 | - | 164.25 (b) This exemption does not apply to the sales of the following products and services: | |
| 5366 | - | 164.26 (1) building, construction, or reconstruction materials purchased by a contractor or a | |
| 5367 | - | 164.27subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed | |
| 5368 | - | 164.28maximum price covering both labor and materials for use in the construction, alteration, or | |
| 5369 | - | 164.29repair of a building or facility; | |
| 5370 | - | 164.30 (2) construction materials purchased by tax exempt entities or their contractors to be | |
| 5371 | - | 164.31used in constructing buildings or facilities which will not be used principally by the tax | |
| 5372 | - | 164.32exempt entities; | |
| 5349 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 164.1subdivision 2, and taxable cannabis products as defined under section 295.81, subdivision | |
| 5350 | + | 164.21, paragraph (r); and | |
| 5351 | + | 164.3 (4) leasing of a motor vehicle as defined in section 297B.01, subdivision 11, except as | |
| 5352 | + | 164.4provided in paragraph (c). | |
| 5353 | + | 164.5 (c) This exemption applies to the leasing of a motor vehicle as defined in section 297B.01, | |
| 5354 | + | 164.6subdivision 11, only if the vehicle is: | |
| 5355 | + | 164.7 (1) a truck, as defined in section 168.002; a bus, as defined in section 168.002; or a | |
| 5356 | + | 164.8passenger automobile, as defined in section 168.002, if the automobile is designed and used | |
| 5357 | + | 164.9for carrying more than nine persons including the driver; and | |
| 5358 | + | 164.10 (2) intended to be used primarily to transport tangible personal property or residents of | |
| 5359 | + | 164.11the nursing home or boarding care home. | |
| 5360 | + | 164.12 EFFECTIVE DATE.This section is effective for sales and purchases made after June | |
| 5361 | + | 164.1330, 2023. | |
| 5362 | + | 164.14Sec. 15. Minnesota Statutes 2022, section 297A.85, is amended to read: | |
| 5363 | + | 164.15 297A.85 CANCELLATION OF PERMITS. | |
| 5364 | + | 164.16 The commissioner may cancel a permit if one of the following conditions occurs: | |
| 5365 | + | 164.17 (1) the permit holder has not filed a sales or use tax return for at least one year; | |
| 5366 | + | 164.18 (2) the permit holder has not reported any sales or use tax liability on the permit holder's | |
| 5367 | + | 164.19returns for at least two years; | |
| 5368 | + | 164.20 (3) the permit holder requests cancellation of the permit; | |
| 5369 | + | 164.21 (4) the permit is subject to cancellation under section 270C.722, subdivision 2, paragraph | |
| 5370 | + | 164.22(a); or | |
| 5371 | + | 164.23 (5) the permit is subject to cancellation under section 297A.84.; or | |
| 5372 | + | 164.24 (6) the permit holder is a taxable cannabis product retailer as defined in section 295.81, | |
| 5373 | + | 164.25subdivision 1, paragraph (s), other than a lower-potency hemp edible retailer as licensed | |
| 5374 | + | 164.26under section 342.43, subdivision 1, and its license to sell a taxable cannabis product as | |
| 5375 | + | 164.27defined in section 295.81, subdivision 1, paragraph (r), has been revoked by the Office of | |
| 5376 | + | 164.28Cannabis Management. | |
| 5377 | + | 164.29 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 5373 | 5378 | 164Article 2 Sec. 15. | |
| 5374 | - | REVISOR BD H0100- | |
| 5375 | - | 165. | |
| 5376 | - | 165.3 | |
| 5377 | - | 165. | |
| 5378 | - | 165. | |
| 5379 | - | 165. | |
| 5380 | - | 165. | |
| 5381 | - | 165. | |
| 5382 | - | 165. | |
| 5383 | - | 165. | |
| 5384 | - | 165. | |
| 5385 | - | 165.12 | |
| 5386 | - | 165. | |
| 5387 | - | 165. | |
| 5388 | - | 165. | |
| 5389 | - | 165. | |
| 5390 | - | 165. | |
| 5391 | - | 165. | |
| 5392 | - | 165. | |
| 5393 | - | 165. | |
| 5394 | - | 165. | |
| 5395 | - | 165. | |
| 5396 | - | 165. | |
| 5397 | - | 165. | |
| 5398 | - | 165. | |
| 5399 | - | 165. | |
| 5400 | - | 165. | |
| 5401 | - | 165. | |
| 5402 | - | 165. | |
| 5403 | - | 165. | |
| 5404 | - | ||
| 5405 | - | ||
| 5406 | - | ||
| 5407 | - | 166. | |
| 5408 | - | 166. | |
| 5409 | - | 166. | |
| 5410 | - | 166. | |
| 5411 | - | 166. | |
| 5412 | - | 166. | |
| 5413 | - | 166. | |
| 5414 | - | 166. | |
| 5415 | - | 166. | |
| 5416 | - | 166. | |
| 5417 | - | 166. | |
| 5418 | - | 166. | |
| 5419 | - | 166. | |
| 5420 | - | 166. | |
| 5421 | - | 166. | |
| 5422 | - | 166. | |
| 5423 | - | 166. | |
| 5424 | - | 166. | |
| 5425 | - | 166. | |
| 5426 | - | 166. | |
| 5427 | - | 166. | |
| 5428 | - | 166. | |
| 5429 | - | 166. | |
| 5430 | - | 166. | |
| 5431 | - | 166. | |
| 5432 | - | 166. | |
| 5433 | - | 166. | |
| 5434 | - | ||
| 5435 | - | ||
| 5436 | - | ||
| 5437 | - | ||
| 5438 | - | 167. | |
| 5439 | - | 167. | |
| 5440 | - | 167. | |
| 5441 | - | 167. | |
| 5442 | - | 167. | |
| 5443 | - | 167. | |
| 5444 | - | 167. | |
| 5445 | - | 167. | |
| 5446 | - | 167.10 | |
| 5447 | - | 167. | |
| 5448 | - | 167. | |
| 5449 | - | 167. | |
| 5450 | - | 167. | |
| 5451 | - | 167. | |
| 5452 | - | 167. | |
| 5453 | - | 167. | |
| 5454 | - | 167. | |
| 5455 | - | 167. | |
| 5456 | - | 167. | |
| 5457 | - | 167. | |
| 5458 | - | 167. | |
| 5459 | - | 167. | |
| 5460 | - | 167. | |
| 5461 | - | 167. | |
| 5462 | - | 167. | |
| 5463 | - | 167. | |
| 5464 | - | ||
| 5465 | - | ||
| 5466 | - | ||
| 5467 | - | ||
| 5468 | - | ||
| 5469 | - | ||
| 5470 | - | ||
| 5471 | - | 168. | |
| 5472 | - | 168. | |
| 5473 | - | 168. | |
| 5474 | - | 168. | |
| 5475 | - | 168. | |
| 5476 | - | 168. | |
| 5477 | - | 168. | |
| 5478 | - | 168. | |
| 5479 | - | 168. | |
| 5480 | - | 168. | |
| 5481 | - | 168. | |
| 5482 | - | 168. | |
| 5483 | - | 168. | |
| 5484 | - | 168. | |
| 5485 | - | 168. | |
| 5486 | - | 168. | |
| 5487 | - | 168. | |
| 5488 | - | 168. | |
| 5489 | - | 168. | |
| 5490 | - | 168. | |
| 5491 | - | 168. | |
| 5492 | - | 168. | |
| 5493 | - | 168. | |
| 5494 | - | 168 | |
| 5495 | - | ||
| 5496 | - | ||
| 5497 | - | ||
| 5498 | - | ||
| 5499 | - | ||
| 5500 | - | ||
| 5501 | - | ||
| 5502 | - | 169. | |
| 5503 | - | 169. | |
| 5504 | - | 169. | |
| 5505 | - | 169. | |
| 5506 | - | 169. | |
| 5507 | - | 169. | |
| 5508 | - | 169. | |
| 5509 | - | 169. | |
| 5510 | - | 169. | |
| 5511 | - | 169. | |
| 5512 | - | 169. | |
| 5513 | - | 169. | |
| 5514 | - | 169. | |
| 5515 | - | 169. | |
| 5516 | - | 169. | |
| 5517 | - | 169. | |
| 5518 | - | 169. | |
| 5519 | - | 169. | |
| 5520 | - | 169. | |
| 5521 | - | 169. | |
| 5522 | - | 169. | |
| 5523 | - | 169. | |
| 5524 | - | 169 | |
| 5525 | - | ||
| 5526 | - | ||
| 5527 | - | ||
| 5528 | - | ||
| 5529 | - | ||
| 5530 | - | ||
| 5531 | - | ||
| 5532 | - | ||
| 5533 | - | 170. | |
| 5534 | - | 170. | |
| 5535 | - | 170. | |
| 5536 | - | 170. | |
| 5537 | - | 170. | |
| 5538 | - | 170. | |
| 5539 | - | 170. | |
| 5540 | - | 170. | |
| 5541 | - | 170. | |
| 5542 | - | 170. | |
| 5543 | - | 170. | |
| 5544 | - | 170. | |
| 5545 | - | 170. | |
| 5546 | - | 170. | |
| 5547 | - | 170. | |
| 5548 | - | 170. | |
| 5549 | - | 170. | |
| 5550 | - | 170. | |
| 5551 | - | 170. | |
| 5552 | - | 170. | |
| 5553 | - | 170. | |
| 5554 | - | 170. | |
| 5555 | - | 170. | |
| 5556 | - | 170. | |
| 5557 | - | 170. | |
| 5558 | - | 170. | |
| 5559 | - | 170Article | |
| 5560 | - | REVISOR BD H0100- | |
| 5561 | - | 171. | |
| 5562 | - | 171. | |
| 5563 | - | 171. | |
| 5564 | - | 171. | |
| 5565 | - | 171. | |
| 5566 | - | 171. | |
| 5567 | - | 171. | |
| 5568 | - | 171. | |
| 5569 | - | 171.10 | |
| 5570 | - | 171. | |
| 5571 | - | 171. | |
| 5572 | - | 171.13 | |
| 5573 | - | 171. | |
| 5574 | - | 171. | |
| 5575 | - | 171. | |
| 5576 | - | 171. | |
| 5577 | - | 171. | |
| 5578 | - | 171. | |
| 5579 | - | 171. | |
| 5580 | - | 171. | |
| 5581 | - | 171. | |
| 5582 | - | 171. | |
| 5583 | - | 171. | |
| 5584 | - | 171.25 | |
| 5585 | - | 171. | |
| 5586 | - | 171. | |
| 5587 | - | 171. | |
| 5588 | - | 171. | |
| 5589 | - | 171 | |
| 5590 | - | ||
| 5591 | - | ||
| 5592 | - | ||
| 5593 | - | 172. | |
| 5594 | - | 172. | |
| 5595 | - | 172. | |
| 5596 | - | 172. | |
| 5597 | - | 172. | |
| 5598 | - | 172. | |
| 5599 | - | 172. | |
| 5600 | - | 172. | |
| 5601 | - | 172. | |
| 5602 | - | 172. | |
| 5603 | - | 172. | |
| 5604 | - | 172. | |
| 5605 | - | 172. | |
| 5606 | - | 172. | |
| 5607 | - | 172. | |
| 5608 | - | 172. | |
| 5609 | - | 172. | |
| 5610 | - | 172. | |
| 5611 | - | 172. | |
| 5612 | - | 172. | |
| 5613 | - | 172. | |
| 5614 | - | 172. | |
| 5615 | - | 172. | |
| 5616 | - | 172. | |
| 5617 | - | 172. | |
| 5618 | - | 172. | |
| 5619 | - | 172. | |
| 5620 | - | 172. | |
| 5621 | - | 172. | |
| 5622 | - | 172 | |
| 5623 | - | ||
| 5624 | - | ||
| 5625 | - | 173. | |
| 5626 | - | 173. | |
| 5627 | - | 173. | |
| 5628 | - | 173. | |
| 5629 | - | 173. | |
| 5630 | - | 173. | |
| 5631 | - | 173. | |
| 5632 | - | 173. | |
| 5633 | - | 173. | |
| 5634 | - | 173. | |
| 5635 | - | 173. | |
| 5636 | - | 173. | |
| 5637 | - | 173. | |
| 5638 | - | 173. | |
| 5639 | - | 173. | |
| 5640 | - | 173. | |
| 5641 | - | 173. | |
| 5642 | - | 173. | |
| 5643 | - | 173. | |
| 5644 | - | 173. | |
| 5645 | - | 173. | |
| 5646 | - | 173. | |
| 5647 | - | 173. | |
| 5648 | - | 173. | |
| 5649 | - | 173. | |
| 5650 | - | 173. | |
| 5651 | - | 173. | |
| 5652 | - | 173. | |
| 5653 | - | 173 | |
| 5654 | - | ||
| 5655 | - | ||
| 5656 | - | ||
| 5657 | - | 174. | |
| 5658 | - | 174. | |
| 5659 | - | 174. | |
| 5660 | - | 174. | |
| 5661 | - | 174. | |
| 5662 | - | 174. | |
| 5663 | - | 174. | |
| 5664 | - | 174. | |
| 5665 | - | 174. | |
| 5666 | - | 174. | |
| 5667 | - | 174. | |
| 5668 | - | 174. | |
| 5669 | - | 174. | |
| 5670 | - | 174. | |
| 5671 | - | 174. | |
| 5672 | - | 174. | |
| 5673 | - | 174. | |
| 5674 | - | 174. | |
| 5675 | - | 174. | |
| 5676 | - | 174. | |
| 5677 | - | 174. | |
| 5678 | - | 174. | |
| 5679 | - | 174. | |
| 5680 | - | 174. | |
| 5681 | - | 174. | |
| 5682 | - | 174. | |
| 5683 | - | 174. | |
| 5684 | - | 174. | |
| 5685 | - | 174 | |
| 5686 | - | ||
| 5687 | - | ||
| 5688 | - | ||
| 5689 | - | 175. | |
| 5690 | - | 175. | |
| 5691 | - | 175. | |
| 5692 | - | 175. | |
| 5693 | - | 175. | |
| 5694 | - | 175. | |
| 5695 | - | 175. | |
| 5696 | - | 175. | |
| 5697 | - | 175. | |
| 5698 | - | 175. | |
| 5699 | - | 175. | |
| 5700 | - | 175. | |
| 5701 | - | 175. | |
| 5702 | - | 175. | |
| 5703 | - | 175. | |
| 5704 | - | 175. | |
| 5705 | - | 175. | |
| 5706 | - | 175. | |
| 5707 | - | 175. | |
| 5708 | - | 175. | |
| 5709 | - | 175. | |
| 5710 | - | 175. | |
| 5711 | - | 175. | |
| 5712 | - | 175. | |
| 5713 | - | 175. | |
| 5714 | - | 175. | |
| 5715 | - | 175. | |
| 5716 | - | 175. | |
| 5717 | - | 175. | |
| 5718 | - | 175. | |
| 5719 | - | 175. | |
| 5720 | - | 175 | |
| 5721 | - | ||
| 5722 | - | 176. | |
| 5723 | - | 176. | |
| 5724 | - | 176. | |
| 5725 | - | 176. | |
| 5726 | - | 176. | |
| 5727 | - | 176. | |
| 5728 | - | 176. | |
| 5729 | - | 176. | |
| 5730 | - | 176. | |
| 5731 | - | 176. | |
| 5732 | - | 176. | |
| 5733 | - | 176. | |
| 5734 | - | 176. | |
| 5735 | - | 176. | |
| 5736 | - | 176. | |
| 5737 | - | 176. | |
| 5738 | - | 176. | |
| 5739 | - | 176. | |
| 5740 | - | 176. | |
| 5741 | - | 176. | |
| 5742 | - | 176. | |
| 5743 | - | 176. | |
| 5744 | - | 176. | |
| 5745 | - | 176. | |
| 5746 | - | 176. | |
| 5747 | - | 176. | |
| 5748 | - | 176. | |
| 5749 | - | 176. | |
| 5750 | - | 176. | |
| 5751 | - | ||
| 5752 | - | ||
| 5753 | - | ||
| 5754 | - | ||
| 5755 | - | 177. | |
| 5756 | - | 177. | |
| 5757 | - | 177. | |
| 5758 | - | 177. | |
| 5759 | - | 177. | |
| 5760 | - | 177. | |
| 5761 | - | 177. | |
| 5762 | - | 177. | |
| 5763 | - | 177. | |
| 5764 | - | 177. | |
| 5765 | - | 177. | |
| 5766 | - | 177. | |
| 5767 | - | 177. | |
| 5768 | - | 177. | |
| 5769 | - | 177. | |
| 5770 | - | 177. | |
| 5771 | - | 177. | |
| 5772 | - | 177. | |
| 5773 | - | 177. | |
| 5774 | - | 177. | |
| 5775 | - | 177. | |
| 5776 | - | 177. | |
| 5777 | - | 177. | |
| 5778 | - | 177. | |
| 5779 | - | 177. | |
| 5780 | - | 177. | |
| 5781 | - | ||
| 5782 | - | ||
| 5783 | - | ||
| 5784 | - | ||
| 5785 | - | ||
| 5786 | - | ||
| 5787 | - | 178. | |
| 5788 | - | 178. | |
| 5789 | - | 178. | |
| 5790 | - | 178. | |
| 5791 | - | 178. | |
| 5792 | - | 178. | |
| 5793 | - | 178. | |
| 5794 | - | 178. | |
| 5795 | - | 178. | |
| 5796 | - | 178. | |
| 5797 | - | 178. | |
| 5798 | - | 178. | |
| 5799 | - | 178. | |
| 5800 | - | 178. | |
| 5801 | - | 178. | |
| 5802 | - | 178. | |
| 5803 | - | 178. | |
| 5804 | - | 178. | |
| 5805 | - | 178. | |
| 5806 | - | 178. | |
| 5807 | - | 178. | |
| 5808 | - | 178. | |
| 5809 | - | 178. | |
| 5810 | - | 178. | |
| 5811 | - | 178. | |
| 5812 | - | 178. | |
| 5813 | - | ||
| 5814 | - | ||
| 5815 | - | ||
| 5816 | - | ||
| 5817 | - | ||
| 5818 | - | 179. | |
| 5819 | - | 179. | |
| 5820 | - | 179. | |
| 5821 | - | 179. | |
| 5822 | - | 179. | |
| 5823 | - | 179. | |
| 5824 | - | 179. | |
| 5825 | - | 179. | |
| 5826 | - | 179. | |
| 5827 | - | 179. | |
| 5828 | - | 179. | |
| 5829 | - | 179. | |
| 5830 | - | 179. | |
| 5831 | - | 179. | |
| 5832 | - | 179. | |
| 5833 | - | 179. | |
| 5834 | - | 179. | |
| 5835 | - | 179. | |
| 5836 | - | 179. | |
| 5837 | - | 179. | |
| 5838 | - | 179. | |
| 5839 | - | 179. | |
| 5840 | - | 179. | |
| 5841 | - | 179. | |
| 5842 | - | 179. | |
| 5843 | - | 179. | |
| 5844 | - | 179. | |
| 5845 | - | 179. | |
| 5846 | - | ||
| 5847 | - | ||
| 5848 | - | 180. | |
| 5849 | - | 180. | |
| 5850 | - | 180. | |
| 5851 | - | 180. | |
| 5852 | - | 180. | |
| 5853 | - | 180. | |
| 5854 | - | 180. | |
| 5855 | - | 180. | |
| 5856 | - | 180. | |
| 5857 | - | 180. | |
| 5858 | - | 180. | |
| 5859 | - | 180. | |
| 5860 | - | 180. | |
| 5861 | - | 180. | |
| 5862 | - | 180. | |
| 5863 | - | 180. | |
| 5864 | - | 180. | |
| 5865 | - | 180. | |
| 5866 | - | 180. | |
| 5867 | - | 180. | |
| 5868 | - | 180. | |
| 5869 | - | 180. | |
| 5870 | - | 180. | |
| 5871 | - | 180. | |
| 5872 | - | 180. | |
| 5873 | - | 180. | |
| 5874 | - | 180. | |
| 5875 | - | 180. | |
| 5876 | - | 180 | |
| 5877 | - | ||
| 5878 | - | ||
| 5879 | - | ||
| 5880 | - | 181. | |
| 5881 | - | 181. | |
| 5882 | - | 181. | |
| 5883 | - | 181. | |
| 5884 | - | 181. | |
| 5885 | - | 181. | |
| 5886 | - | 181. | |
| 5887 | - | 181. | |
| 5888 | - | 181. | |
| 5889 | - | 181. | |
| 5890 | - | 181. | |
| 5891 | - | 181. | |
| 5892 | - | 181. | |
| 5893 | - | 181. | |
| 5894 | - | 181. | |
| 5895 | - | 181. | |
| 5896 | - | 181. | |
| 5897 | - | 181. | |
| 5898 | - | 181. | |
| 5899 | - | 181. | |
| 5900 | - | 181. | |
| 5901 | - | 181. | |
| 5902 | - | 181. | |
| 5903 | - | 181. | |
| 5904 | - | 181. | |
| 5905 | - | 181. | |
| 5906 | - | 181. | |
| 5907 | - | ||
| 5908 | - | ||
| 5909 | - | ||
| 5910 | - | ||
| 5911 | - | ||
| 5912 | - | 182. | |
| 5913 | - | 182. | |
| 5914 | - | 182. | |
| 5915 | - | 182. | |
| 5916 | - | 182. | |
| 5917 | - | 182. | |
| 5918 | - | 182. | |
| 5919 | - | 182. | |
| 5920 | - | 182. | |
| 5921 | - | 182. | |
| 5922 | - | 182. | |
| 5923 | - | 182. | |
| 5924 | - | 182. | |
| 5925 | - | 182. | |
| 5926 | - | 182. | |
| 5927 | - | 182. | |
| 5928 | - | 182. | |
| 5929 | - | 182. | |
| 5930 | - | 182. | |
| 5931 | - | 182. | |
| 5932 | - | 182. | |
| 5933 | - | 182. | |
| 5934 | - | 182. | |
| 5935 | - | 182. | |
| 5936 | - | 182. | |
| 5937 | - | 182. | |
| 5938 | - | 182. | |
| 5939 | - | 182Article 4 Sec. | |
| 5940 | - | REVISOR BD H0100- | |
| 5941 | - | 183. | |
| 5942 | - | 183.3 | |
| 5943 | - | 183. | |
| 5944 | - | 183. | |
| 5945 | - | 183. | |
| 5946 | - | 183.7 | |
| 5947 | - | 183. | |
| 5948 | - | 183. | |
| 5949 | - | 183.10 | |
| 5950 | - | 183. | |
| 5951 | - | 183. | |
| 5952 | - | 183. | |
| 5953 | - | 183. | |
| 5954 | - | 183. | |
| 5955 | - | 183. | |
| 5956 | - | 183.17 ( | |
| 5957 | - | 183. | |
| 5958 | - | 183. | |
| 5959 | - | 183. | |
| 5960 | - | 183. | |
| 5961 | - | 183. | |
| 5962 | - | 183. | |
| 5963 | - | 183. | |
| 5964 | - | 183. | |
| 5965 | - | 183. | |
| 5966 | - | 183. | |
| 5967 | - | 183. | |
| 5968 | - | 183. | |
| 5969 | - | 183 | |
| 5970 | - | ||
| 5971 | - | 184. | |
| 5972 | - | 184. | |
| 5973 | - | 184. | |
| 5974 | - | 184. | |
| 5975 | - | 184. | |
| 5976 | - | 184. | |
| 5977 | - | 184. | |
| 5978 | - | 184. | |
| 5979 | - | 184. | |
| 5980 | - | 184. | |
| 5981 | - | 184. | |
| 5982 | - | 184. | |
| 5983 | - | 184. | |
| 5984 | - | 184. | |
| 5985 | - | 184. | |
| 5986 | - | 184. | |
| 5987 | - | 184. | |
| 5988 | - | 184. | |
| 5989 | - | 184. | |
| 5990 | - | 184. | |
| 5991 | - | 184. | |
| 5992 | - | 184. | |
| 5993 | - | 184. | |
| 5994 | - | 184. | |
| 5995 | - | 184. | |
| 5996 | - | 184. | |
| 5997 | - | 184. | |
| 5998 | - | 184. | |
| 5999 | - | 184. | |
| 6000 | - | 184. | |
| 6001 | - | 184 | |
| 6002 | - | ||
| 6003 | - | 185. | |
| 6004 | - | 185. | |
| 6005 | - | 185. | |
| 6006 | - | 185. | |
| 6007 | - | 185. | |
| 6008 | - | 185. | |
| 6009 | - | 185. | |
| 6010 | - | 185. | |
| 6011 | - | 185. | |
| 6012 | - | 185. | |
| 6013 | - | 185. | |
| 6014 | - | 185. | |
| 6015 | - | 185. | |
| 6016 | - | 185. | |
| 6017 | - | 185. | |
| 6018 | - | 185. | |
| 6019 | - | 185. | |
| 6020 | - | 185. | |
| 6021 | - | 185. | |
| 6022 | - | 185. | |
| 6023 | - | 185. | |
| 6024 | - | 185. | |
| 6025 | - | 185. | |
| 6026 | - | 185. | |
| 6027 | - | 185. | |
| 6028 | - | 185. | |
| 6029 | - | 185. | |
| 6030 | - | 185. | |
| 6031 | - | 185. | |
| 6032 | - | 185. | |
| 6033 | - | 185. | |
| 6034 | - | 185Article 4 Sec. | |
| 6035 | - | REVISOR BD H0100- | |
| 6036 | - | 186. | |
| 6037 | - | 186.3 ( | |
| 6038 | - | 186.4 ( | |
| 6039 | - | 186. | |
| 6040 | - | 186. | |
| 6041 | - | 186. | |
| 6042 | - | 186. | |
| 6043 | - | 186. | |
| 6044 | - | 186. | |
| 6045 | - | 186.11 ( | |
| 6046 | - | 186. | |
| 6047 | - | 186.13 ( | |
| 6048 | - | 186. | |
| 6049 | - | 186.15 ( | |
| 6050 | - | 186. | |
| 6051 | - | 186. | |
| 6052 | - | 186.18 | |
| 6053 | - | 186. | |
| 6054 | - | 186. | |
| 6055 | - | 186.21 ( | |
| 6056 | - | 186. | |
| 6057 | - | 186.23 ( | |
| 6058 | - | 186. | |
| 6059 | - | 186. | |
| 6060 | - | 186. | |
| 6061 | - | 186. | |
| 6062 | - | 186. | |
| 6063 | - | 186.29 ( | |
| 6064 | - | 186. | |
| 6065 | - | 186Article 4 Sec. | |
| 6066 | - | REVISOR BD H0100- | |
| 6067 | - | 187. | |
| 6068 | - | 187. | |
| 6069 | - | 187.4 ( | |
| 6070 | - | 187. | |
| 6071 | - | 187. | |
| 6072 | - | 187. | |
| 6073 | - | 187. | |
| 6074 | - | 187. | |
| 6075 | - | 187. | |
| 6076 | - | 187. | |
| 6077 | - | 187.12 ( | |
| 6078 | - | 187. | |
| 6079 | - | 187. | |
| 6080 | - | 187. | |
| 6081 | - | 187. | |
| 6082 | - | 187. | |
| 6083 | - | 187. | |
| 6084 | - | 187. | |
| 6085 | - | 187. | |
| 6086 | - | 187. | |
| 6087 | - | 187. | |
| 6088 | - | 187. | |
| 6089 | - | 187. | |
| 5379 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 165.1Sec. 16. Minnesota Statutes 2022, section 297D.01, is amended to read: | |
| 5380 | + | 165.2 297D.01 DEFINITIONS. | |
| 5381 | + | 165.3 Subdivision 1.Marijuana Illegal cannabis."Marijuana" "Illegal cannabis" means any | |
| 5382 | + | 165.4marijuana taxable cannabis product as defined in section 295.81, subdivision 1, paragraph | |
| 5383 | + | 165.5(r), whether real or counterfeit, as defined in section 152.01, subdivision 9, that is held, | |
| 5384 | + | 165.6possessed, transported, transferred, sold, or offered to be sold in violation of chapter 342 | |
| 5385 | + | 165.7or Minnesota criminal laws. | |
| 5386 | + | 165.8 Subd. 2.Controlled substance."Controlled substance" means any drug or substance, | |
| 5387 | + | 165.9whether real or counterfeit, as defined in section 152.01, subdivision 4, that is held, possessed, | |
| 5388 | + | 165.10transported, transferred, sold, or offered to be sold in violation of Minnesota laws. "Controlled | |
| 5389 | + | 165.11substance" does not include marijuana illegal cannabis. | |
| 5390 | + | 165.12 Subd. 3.Tax obligor or obligor."Tax obligor" or "obligor" means a person who in | |
| 5391 | + | 165.13violation of Minnesota law manufactures, produces, ships, transports, or imports into | |
| 5392 | + | 165.14Minnesota or in any manner acquires or possesses more than 42-1/2 grams of marijuana | |
| 5393 | + | 165.15illegal cannabis, or seven or more grams of any controlled substance, or ten or more dosage | |
| 5394 | + | 165.16units of any controlled substance which is not sold by weight. A quantity of marijuana illegal | |
| 5395 | + | 165.17cannabis or other controlled substance is measured by the weight of the substance whether | |
| 5396 | + | 165.18pure or impure or dilute, or by dosage units when the substance is not sold by weight, in | |
| 5397 | + | 165.19the tax obligor's possession. A quantity of a controlled substance is dilute if it consists of a | |
| 5398 | + | 165.20detectable quantity of pure controlled substance and any excipients or fillers. | |
| 5399 | + | 165.21 Subd. 4.Commissioner."Commissioner" means the commissioner of revenue. | |
| 5400 | + | 165.22 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 5401 | + | 165.23Sec. 17. Minnesota Statutes 2022, section 297D.04, is amended to read: | |
| 5402 | + | 165.24 297D.04 TAX PAYMENT REQUIRED FOR POSSESSION. | |
| 5403 | + | 165.25 No tax obligor may possess any marijuana illegal cannabis or controlled substance upon | |
| 5404 | + | 165.26which a tax is imposed by section 297D.08 unless the tax has been paid on the marijuana | |
| 5405 | + | 165.27illegal cannabis or other a controlled substance as evidenced by a stamp or other official | |
| 5406 | + | 165.28indicia. | |
| 5407 | + | 165.29 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 5408 | + | 165Article 2 Sec. 17. | |
| 5409 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 166.1Sec. 18. Minnesota Statutes 2022, section 297D.06, is amended to read: | |
| 5410 | + | 166.2 297D.06 PHARMACEUTICALS. | |
| 5411 | + | 166.3 Nothing in this chapter requires persons registered under chapter 151 or otherwise | |
| 5412 | + | 166.4lawfully in possession of marijuana illegal cannabis or a controlled substance to pay the tax | |
| 5413 | + | 166.5required under this chapter. | |
| 5414 | + | 166.6 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 5415 | + | 166.7Sec. 19. Minnesota Statutes 2022, section 297D.07, is amended to read: | |
| 5416 | + | 166.8 297D.07 MEASUREMENT . | |
| 5417 | + | 166.9 For the purpose of calculating the tax under section 297D.08, a quantity of marijuana | |
| 5418 | + | 166.10illegal cannabis or other a controlled substance is measured by the weight of the substance | |
| 5419 | + | 166.11whether pure or impure or dilute, or by dosage units when the substance is not sold by | |
| 5420 | + | 166.12weight, in the tax obligor's possession. A quantity of a controlled substance is dilute if it | |
| 5421 | + | 166.13consists of a detectable quantity of pure controlled substance and any excipients or fillers. | |
| 5422 | + | 166.14 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 5423 | + | 166.15Sec. 20. Minnesota Statutes 2022, section 297D.08, is amended to read: | |
| 5424 | + | 166.16 297D.08 TAX RATE. | |
| 5425 | + | 166.17 A tax is imposed on marijuana illegal cannabis and controlled substances as defined in | |
| 5426 | + | 166.18section 297D.01 at the following rates: | |
| 5427 | + | 166.19 (1) on each gram of marijuana illegal cannabis, or each portion of a gram, $3.50; and | |
| 5428 | + | 166.20 (2) on each gram of controlled substance, or portion of a gram, $200; or | |
| 5429 | + | 166.21 (3) on each ten dosage units of a controlled substance that is not sold by weight, or | |
| 5430 | + | 166.22portion thereof, $400. | |
| 5431 | + | 166.23 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 5432 | + | 166.24Sec. 21. Minnesota Statutes 2022, section 297D.085, is amended to read: | |
| 5433 | + | 166.25 297D.085 CREDIT FOR PREVIOUSLY PAID TAXES. | |
| 5434 | + | 166.26 If another state or local unit of government has previously assessed an excise tax on the | |
| 5435 | + | 166.27marijuana illegal cannabis or controlled substances, the taxpayer must pay the difference | |
| 5436 | + | 166.28between the tax due under section 297D.08 and the tax previously paid. If the tax previously | |
| 5437 | + | 166.29paid to the other state or local unit of government was equal to or greater than the tax due | |
| 5438 | + | 166Article 2 Sec. 21. | |
| 5439 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 167.1under section 297D.08, no tax is due. The burden is on the taxpayer to show that an excise | |
| 5440 | + | 167.2tax on the marijuana illegal cannabis or controlled substances has been paid to another state | |
| 5441 | + | 167.3or local unit of government. | |
| 5442 | + | 167.4 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 5443 | + | 167.5Sec. 22. Minnesota Statutes 2022, section 297D.09, subdivision 1a, is amended to read: | |
| 5444 | + | 167.6 Subd. 1a.Criminal penalty; sale without affixed stamps.In addition to the tax penalty | |
| 5445 | + | 167.7imposed, a tax obligor distributing or possessing marijuana illegal cannabis or controlled | |
| 5446 | + | 167.8substances without affixing the appropriate stamps, labels, or other indicia is guilty of a | |
| 5447 | + | 167.9crime and, upon conviction, may be sentenced to imprisonment for not more than seven | |
| 5448 | + | 167.10years or to payment of a fine of not more than $14,000, or both. | |
| 5449 | + | 167.11 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 5450 | + | 167.12Sec. 23. Minnesota Statutes 2022, section 297D.10, is amended to read: | |
| 5451 | + | 167.13 297D.10 STAMP PRICE. | |
| 5452 | + | 167.14 Official stamps, labels, or other indicia to be affixed to all marijuana illegal cannabis or | |
| 5453 | + | 167.15controlled substances shall be purchased from the commissioner. The purchaser shall pay | |
| 5454 | + | 167.16100 percent of face value for each stamp, label, or other indicia at the time of the purchase. | |
| 5455 | + | 167.17 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 5456 | + | 167.18Sec. 24. Minnesota Statutes 2022, section 297D.11, is amended to read: | |
| 5457 | + | 167.19 297D.11 PAYMENT DUE. | |
| 5458 | + | 167.20 Subdivision 1.Stamps affixed.When a tax obligor purchases, acquires, transports, or | |
| 5459 | + | 167.21imports into this state marijuana illegal cannabis or controlled substances on which a tax is | |
| 5460 | + | 167.22imposed by section 297D.08, and if the indicia evidencing the payment of the tax have not | |
| 5461 | + | 167.23already been affixed, the tax obligor shall have them permanently affixed on the marijuana | |
| 5462 | + | 167.24illegal cannabis or controlled substance immediately after receiving the substance. Each | |
| 5463 | + | 167.25stamp or other official indicia may be used only once. | |
| 5464 | + | 167.26 Subd. 2.Payable on possession.Taxes imposed upon marijuana illegal cannabis or | |
| 5465 | + | 167.27controlled substances by this chapter are due and payable immediately upon acquisition or | |
| 5466 | + | 167.28possession in this state by a tax obligor. | |
| 5467 | + | 167.29 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 5468 | + | 167Article 2 Sec. 24. | |
| 5469 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 168.1 ARTICLE 3 | |
| 5470 | + | 168.2 BUSINESS DEVELOPMENT | |
| 5471 | + | 168.3Section 1. [116J.659] CANNABIS INDUSTRY STARTUP FINANCING GRANTS. | |
| 5472 | + | 168.4 Subdivision 1.Establishment.The commissioner of employment and economic | |
| 5473 | + | 168.5development shall establish CanStartup, a program to award grants to nonprofit corporations | |
| 5474 | + | 168.6to fund loans to new cannabis microbusinesses and to support job creation in communities | |
| 5475 | + | 168.7where long-term residents are eligible to be social equity applicants. | |
| 5476 | + | 168.8 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the | |
| 5477 | + | 168.9meanings given. | |
| 5478 | + | 168.10 (b) "Cannabis microbusiness" means a cannabis business that meets the requirements | |
| 5479 | + | 168.11of section 342.28. | |
| 5480 | + | 168.12 (c) "Commissioner" means the commissioner of employment and economic development. | |
| 5481 | + | 168.13 (d) "Industry" means the legal cannabis industry in the state of Minnesota. | |
| 5482 | + | 168.14 (e) "New business" means a legal cannabis business that has been in existence for three | |
| 5483 | + | 168.15years or less. | |
| 5484 | + | 168.16 (f) "Program" means the CanStartup grant program. | |
| 5485 | + | 168.17 (g) "Social equity applicant" means a person who meets the qualification requirements | |
| 5486 | + | 168.18in section 342.16. | |
| 5487 | + | 168.19 Subd. 3.Grants.(a) The commissioner shall establish a revolving loan account to make | |
| 5488 | + | 168.20grants under the CanStartup program. | |
| 5489 | + | 168.21 (b) The commissioner must award grants to nonprofit corporations through a competitive | |
| 5490 | + | 168.22grant process. | |
| 5491 | + | 168.23 (c) To receive grant money, a nonprofit corporation must submit a written application | |
| 5492 | + | 168.24to the commissioner using a form developed by the commissioner. | |
| 5493 | + | 168.25 (d) In awarding grants under this subdivision, the commissioner shall give weight to | |
| 5494 | + | 168.26whether the nonprofit corporation: | |
| 5495 | + | 168.27 (1) has a board of directors that includes citizens experienced in business and community | |
| 5496 | + | 168.28development, new business enterprises, and creating jobs for people facing barriers to | |
| 5497 | + | 168.29education or employment; | |
| 5498 | + | 168.30 (2) has the technical skills to analyze projects; | |
| 5499 | + | 168Article 3 Section 1. | |
| 5500 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 169.1 (3) is familiar with other available public and private funding sources and economic | |
| 5501 | + | 169.2development programs; | |
| 5502 | + | 169.3 (4) can initiate and implement economic development projects; | |
| 5503 | + | 169.4 (5) can establish and administer a revolving loan account; | |
| 5504 | + | 169.5 (6) can work with job referral networks that assist people facing barriers to education | |
| 5505 | + | 169.6or employment; and | |
| 5506 | + | 169.7 (7) has established relationships with communities where long-term residents are eligible | |
| 5507 | + | 169.8to be social equity applicants. | |
| 5508 | + | 169.9The commissioner shall make grants that will assist new cannabis microbusinesses. | |
| 5509 | + | 169.10 (e) A nonprofit corporation that receives a grant under the program must: | |
| 5510 | + | 169.11 (1) establish a commissioner-certified revolving loan account for the purpose of making | |
| 5511 | + | 169.12eligible loans; and | |
| 5512 | + | 169.13 (2) enter into an agreement with the commissioner that the commissioner shall fund | |
| 5513 | + | 169.14loans that the nonprofit corporation makes to new cannabis microbusinesses. The | |
| 5514 | + | 169.15commissioner shall review existing agreements with nonprofit corporations every five years | |
| 5515 | + | 169.16and may renew or terminate an agreement based on that review. In making this review, the | |
| 5516 | + | 169.17commissioner shall consider, among other criteria, the criteria in paragraph (d). | |
| 5517 | + | 169.18 Subd. 4.Loans to businesses.(a) The criteria in this subdivision apply to loans made | |
| 5518 | + | 169.19by nonprofit corporations under the program. | |
| 5519 | + | 169.20 (b) Loans must be used to support a new cannabis microbusiness in the legal cannabis | |
| 5520 | + | 169.21industry. Priority must be given to loans to businesses owned by individuals who are eligible | |
| 5521 | + | 169.22to be social equity applicants and businesses located in communities where long-term | |
| 5522 | + | 169.23residents are eligible to be social equity applicants. | |
| 5523 | + | 169.24 (c) Loans must be made to cannabis microbusinesses that are not likely to undertake the | |
| 5524 | + | 169.25project for which loans are sought without assistance from the program. | |
| 5525 | + | 169.26 (d) The minimum state contribution to a loan is $2,500 and the maximum is either: | |
| 5526 | + | 169.27 (1) $50,000; or | |
| 5527 | + | 169.28 (2) $150,000, if state contributions are matched by an equal or greater amount of new | |
| 5528 | + | 169.29private investment. | |
| 5529 | + | 169Article 3 Section 1. | |
| 5530 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 170.1 (e) Loan applications given preliminary approval by the nonprofit corporation must be | |
| 5531 | + | 170.2forwarded to the commissioner for approval. The commissioner must give final approval | |
| 5532 | + | 170.3for each loan made by the nonprofit corporation under the program. | |
| 5533 | + | 170.4 (f) A cannabis microbusiness that receives a loan may apply to renew the loan. Renewal | |
| 5534 | + | 170.5applications must be made on an annual basis and a cannabis microbusiness may receive | |
| 5535 | + | 170.6loans for up to six consecutive years. A nonprofit corporation may renew a loan to a cannabis | |
| 5536 | + | 170.7microbusiness that is no longer a new business provided the business would otherwise | |
| 5537 | + | 170.8qualify for an initial loan and is in good standing with the nonprofit corporation and the | |
| 5538 | + | 170.9commissioner. A nonprofit corporation may adjust the amount of a renewed loan, or not | |
| 5539 | + | 170.10renew a loan, if the nonprofit corporation determines that the cannabis microbusiness is | |
| 5540 | + | 170.11financially stable and is substantially likely to continue the project for which the loan renewal | |
| 5541 | + | 170.12is sought. | |
| 5542 | + | 170.13 (g) If a borrower has met lender criteria, including being current with all payments for | |
| 5543 | + | 170.14a minimum of three years, the commissioner may approve either full or partial forgiveness | |
| 5544 | + | 170.15of interest or principal amounts. | |
| 5545 | + | 170.16 Subd. 5.Revolving loan account administration.(a) The commissioner shall establish | |
| 5546 | + | 170.17a minimum interest rate for loans or guarantees to ensure that necessary loan administration | |
| 5547 | + | 170.18costs are covered. The interest rate charged by a nonprofit corporation for a loan under this | |
| 5548 | + | 170.19section must not exceed the Wall Street Journal prime rate. For a loan under this section, | |
| 5549 | + | 170.20the nonprofit corporation may charge a loan origination fee equal to or less than one percent | |
| 5550 | + | 170.21of the loan value. The nonprofit corporation may retain the amount of the origination fee. | |
| 5551 | + | 170.22 (b) Loan repayment of principal must be paid to the commissioner for deposit in the | |
| 5552 | + | 170.23revolving loan account. Loan interest payments must be deposited in a revolving loan | |
| 5553 | + | 170.24account created by the nonprofit corporation originating the loan being repaid for further | |
| 5554 | + | 170.25distribution or use, consistent with the criteria of this section. | |
| 5555 | + | 170.26 (c) Administrative expenses of the nonprofit corporations with whom the commissioner | |
| 5556 | + | 170.27enters into agreements, including expenses incurred by a nonprofit corporation in providing | |
| 5557 | + | 170.28financial, technical, managerial, and marketing assistance to a business receiving a loan | |
| 5558 | + | 170.29under this section, are eligible program expenses the commissioner may agree to pay under | |
| 5559 | + | 170.30the grant agreement. | |
| 5560 | + | 170.31 Subd. 6.Program outreach.The commissioner shall make extensive efforts to publicize | |
| 5561 | + | 170.32this program, including through partnerships with community organizations, particularly | |
| 5562 | + | 170.33those organizations located in areas where long-term residents are eligible to be social equity | |
| 5563 | + | 170.34applicants. | |
| 5564 | + | 170Article 3 Section 1. | |
| 5565 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 171.1 Subd. 7.Reporting requirements.(a) A nonprofit corporation that receives a grant | |
| 5566 | + | 171.2shall: | |
| 5567 | + | 171.3 (1) submit an annual report to the commissioner by February 1 of each year that the | |
| 5568 | + | 171.4nonprofit corporation participates in the program that includes a description of businesses | |
| 5569 | + | 171.5supported by the grant program, an account of loans made during the calendar year, the | |
| 5570 | + | 171.6program's impact on business creation and job creation, particularly in communities where | |
| 5571 | + | 171.7long-term residents are eligible to be social equity applicants, the source and amount of | |
| 5572 | + | 171.8money collected and distributed by the program, the program's assets and liabilities, and an | |
| 5573 | + | 171.9explanation of administrative expenses; and | |
| 5574 | + | 171.10 (2) provide for an independent annual audit to be performed in accordance with generally | |
| 5575 | + | 171.11accepted accounting practices and auditing standards and submit a copy of each annual | |
| 5576 | + | 171.12audit report to the commissioner. | |
| 5577 | + | 171.13 (b) By March 1, 2024, and each March 1 thereafter, the commissioner must submit a | |
| 5578 | + | 171.14report to the chairs and ranking minority members of the committees of the house of | |
| 5579 | + | 171.15representatives and the senate having jurisdiction over economic development that details | |
| 5580 | + | 171.16awards given through the CanStartup program and the use of grant money, including any | |
| 5581 | + | 171.17measures of success toward financing new cannabis microbusinesses and creating jobs in | |
| 5582 | + | 171.18communities where long-term residents are eligible to be social equity applicants. | |
| 5583 | + | 171.19Sec. 2. [116J.6595] CANNABIS INDUSTRY NAVIGATION GRANTS. | |
| 5584 | + | 171.20 Subdivision 1.Establishment.The commissioner of employment and economic | |
| 5585 | + | 171.21development shall establish CanNavigate, a program to award grants to eligible organizations | |
| 5586 | + | 171.22to help individuals navigate the regulatory structure of the legal cannabis industry. | |
| 5587 | + | 171.23 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the | |
| 5588 | + | 171.24meanings given. | |
| 5589 | + | 171.25 (b) "Commissioner" means the commissioner of employment and economic development. | |
| 5590 | + | 171.26 (c) "Eligible organization" means any organization capable of helping individuals navigate | |
| 5591 | + | 171.27the regulatory structure of the legal cannabis industry, particularly individuals facing barriers | |
| 5592 | + | 171.28to education or employment, and may include educational institutions, nonprofit | |
| 5593 | + | 171.29organizations, private businesses, community groups, units of local government, or | |
| 5594 | + | 171.30partnerships between different types of organizations. | |
| 5595 | + | 171.31 (d) "Industry" means the legal cannabis industry in the state of Minnesota. | |
| 5596 | + | 171.32 (e) "Program" means the CanNavigate grant program. | |
| 5597 | + | 171Article 3 Sec. 2. | |
| 5598 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 172.1 (f) "Social equity applicant" means a person who meets the qualification requirements | |
| 5599 | + | 172.2in section 342.16. | |
| 5600 | + | 172.3 Subd. 3.Grants to organizations.(a) Grant money awarded to eligible organizations | |
| 5601 | + | 172.4may be used for both developing technical assistance resources relevant to the regulatory | |
| 5602 | + | 172.5structure of the legal cannabis industry and for providing technical assistance or navigation | |
| 5603 | + | 172.6services to individuals. | |
| 5604 | + | 172.7 (b) The commissioner must award grants to eligible organizations through a competitive | |
| 5605 | + | 172.8grant process. | |
| 5606 | + | 172.9 (c) To receive grant money, an eligible organization must submit a written application | |
| 5607 | + | 172.10to the commissioner, using a form developed by the commissioner, explaining the | |
| 5608 | + | 172.11organization's ability to assist individuals in navigating the regulatory structure of the legal | |
| 5609 | + | 172.12cannabis industry, particularly individuals facing barriers to education or employment. | |
| 5610 | + | 172.13 (d) An eligible organization's grant application must also include: | |
| 5611 | + | 172.14 (1) a description of the proposed technical assistance or navigation services, including | |
| 5612 | + | 172.15the types of individuals targeted for assistance; | |
| 5613 | + | 172.16 (2) any evidence of the organization's past success in providing technical assistance or | |
| 5614 | + | 172.17navigation services to individuals, particularly individuals who live in areas where long-term | |
| 5615 | + | 172.18residents are eligible to be social equity applicants; | |
| 5616 | + | 172.19 (3) an estimate of the cost of providing the technical assistance; | |
| 5617 | + | 172.20 (4) the sources and amounts of any nonstate money or in-kind contributions that will | |
| 5618 | + | 172.21supplement grant money, including any amounts that individuals will be charged to receive | |
| 5619 | + | 172.22assistance; and | |
| 5620 | + | 172.23 (5) any additional information requested by the commissioner. | |
| 5621 | + | 172.24 (e) In awarding grants under this subdivision, the commissioner shall give weight to | |
| 5622 | + | 172.25applications from organizations that demonstrate a history of successful technical assistance | |
| 5623 | + | 172.26or navigation services, particularly for individuals facing barriers to education or employment. | |
| 5624 | + | 172.27The commissioner shall also give weight to applications where the proposed technical | |
| 5625 | + | 172.28assistance will serve areas where long-term residents are eligible to be social equity | |
| 5626 | + | 172.29applicants. To the extent practicable, the commissioner shall fund technical assistance for | |
| 5627 | + | 172.30a variety of sectors in the legal cannabis industry, including both processing and retail | |
| 5628 | + | 172.31sectors. | |
| 5629 | + | 172Article 3 Sec. 2. | |
| 5630 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 173.1 Subd. 4.Program outreach.The commissioner shall make extensive efforts to publicize | |
| 5631 | + | 173.2these grants, including through partnerships with community organizations, particularly | |
| 5632 | + | 173.3those organizations located in areas where long-term residents are eligible to be social equity | |
| 5633 | + | 173.4applicants. | |
| 5634 | + | 173.5 Subd. 5.Reports to the legislature.By January 15, 2024, and each January 15 thereafter, | |
| 5635 | + | 173.6the commissioner must submit a report to the chairs and ranking minority members of the | |
| 5636 | + | 173.7committees of the house of representatives and the senate having jurisdiction over economic | |
| 5637 | + | 173.8development that details awards given through the CanNavigate program and the use of | |
| 5638 | + | 173.9grant money, including any measures of success toward helping individuals navigate the | |
| 5639 | + | 173.10regulatory structure of the legal cannabis industry. | |
| 5640 | + | 173.11Sec. 3. [116L.90] CANNABIS INDUSTRY TRAINING GRANTS. | |
| 5641 | + | 173.12 Subdivision 1.Establishment.The commissioner of employment and economic | |
| 5642 | + | 173.13development shall establish CanTrain, a program to award grants to (1) eligible organizations | |
| 5643 | + | 173.14to train people for work in the legal cannabis industry, and (2) eligible individuals to acquire | |
| 5644 | + | 173.15such training. | |
| 5645 | + | 173.16 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the | |
| 5646 | + | 173.17meanings given. | |
| 5647 | + | 173.18 (b) "Commissioner" means the commissioner of employment and economic development. | |
| 5648 | + | 173.19 (c) "Eligible organization" means any organization capable of providing training relevant | |
| 5649 | + | 173.20to the legal cannabis industry, particularly for individuals facing barriers to education or | |
| 5650 | + | 173.21employment, and may include educational institutions, nonprofit organizations, private | |
| 5651 | + | 173.22businesses, community groups, units of local government, or partnerships between different | |
| 5652 | + | 173.23types of organizations. | |
| 5653 | + | 173.24 (d) "Eligible individual" means a Minnesota resident who is 21 years old or older. | |
| 5654 | + | 173.25 (e) "Industry" means the legal cannabis industry in Minnesota. | |
| 5655 | + | 173.26 (f) "Program" means the CanTrain grant program. | |
| 5656 | + | 173.27 (g) "Social equity applicant" means a person who meets the qualification requirements | |
| 5657 | + | 173.28in section 342.16. | |
| 5658 | + | 173.29 Subd. 3.Grants to organizations.(a) Grant money awarded to eligible organizations | |
| 5659 | + | 173.30may be used for both developing a training program relevant to the legal cannabis industry | |
| 5660 | + | 173.31and for providing such training to individuals. | |
| 5661 | + | 173Article 3 Sec. 3. | |
| 5662 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 174.1 (b) The commissioner must award grants to eligible organizations through a competitive | |
| 5663 | + | 174.2grant process. | |
| 5664 | + | 174.3 (c) To receive grant money, an eligible organization must submit a written application | |
| 5665 | + | 174.4to the commissioner, using a form developed by the commissioner, explaining the | |
| 5666 | + | 174.5organization's ability to train individuals for successful careers in the legal cannabis industry, | |
| 5667 | + | 174.6particularly individuals facing barriers to education or employment. | |
| 5668 | + | 174.7 (d) An eligible organization's grant application must also include: | |
| 5669 | + | 174.8 (1) a description of the proposed training; | |
| 5670 | + | 174.9 (2) an analysis of the degree of demand in the legal cannabis industry for the skills gained | |
| 5671 | + | 174.10through the proposed training; | |
| 5672 | + | 174.11 (3) any evidence of the organization's past success in training individuals for successful | |
| 5673 | + | 174.12careers, particularly in new or emerging industries; | |
| 5674 | + | 174.13 (4) an estimate of the cost of providing the proposed training; | |
| 5675 | + | 174.14 (5) the sources and amounts of any nonstate funds or in-kind contributions that will | |
| 5676 | + | 174.15supplement grant money, including any amounts that individuals will be charged to | |
| 5677 | + | 174.16participate in the training; and | |
| 5678 | + | 174.17 (6) any additional information requested by the commissioner. | |
| 5679 | + | 174.18 (e) In awarding grants under this subdivision, the commissioner shall give weight to | |
| 5680 | + | 174.19applications from organizations that demonstrate a history of successful career training, | |
| 5681 | + | 174.20particularly for individuals facing barriers to education or employment. The commissioner | |
| 5682 | + | 174.21shall also give weight to applications where the proposed training will: | |
| 5683 | + | 174.22 (1) result in an industry-relevant credential; or | |
| 5684 | + | 174.23 (2) include opportunities for hands-on or on-site experience in the industry. | |
| 5685 | + | 174.24The commissioner shall fund training for a broad range of careers in the legal cannabis | |
| 5686 | + | 174.25industry, including both potential business owners and employees and for work in the | |
| 5687 | + | 174.26growing, processing, and retail sectors of the legal cannabis industry. | |
| 5688 | + | 174.27 Subd. 4.Grants to individuals.(a) The commissioner shall award grants of $....... to | |
| 5689 | + | 174.28eligible individuals to pursue a training program relevant to a career in the legal cannabis | |
| 5690 | + | 174.29industry. | |
| 5691 | + | 174.30 (b) To receive grant money, an eligible individual must submit a written application to | |
| 5692 | + | 174.31the commissioner, using a form developed by the commissioner, identifying a training | |
| 5693 | + | 174Article 3 Sec. 3. | |
| 5694 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 175.1program relevant to the legal cannabis industry and the estimated cost of completing that | |
| 5695 | + | 175.2training. The application must also indicate whether: | |
| 5696 | + | 175.3 (1) the applicant is eligible to be a social equity applicant; | |
| 5697 | + | 175.4 (2) the proposed training program results in an industry-relevant credential; and | |
| 5698 | + | 175.5 (3) the proposed training program includes opportunities for hands-on or on-site | |
| 5699 | + | 175.6experience in the industry. | |
| 5700 | + | 175.7The commissioner shall attempt to make the application process simple for individuals to | |
| 5701 | + | 175.8complete, such as by publishing lists of industry-relevant training programs along with the | |
| 5702 | + | 175.9training program's estimated cost of completing the training programs and whether the | |
| 5703 | + | 175.10training programs will result in an industry-relevant credential or include opportunities for | |
| 5704 | + | 175.11hands-on or on-site experience in the legal cannabis industry. | |
| 5705 | + | 175.12 (c) The commissioner must award grants to eligible individuals through a lottery process. | |
| 5706 | + | 175.13Applicants who have filed complete applications by the deadline set by the commissioner | |
| 5707 | + | 175.14shall receive one entry in the lottery, plus one additional entry for each of the following: | |
| 5708 | + | 175.15 (1) being eligible to be a social equity applicant; | |
| 5709 | + | 175.16 (2) seeking to enroll in a training program that results in an industry-relevant credential; | |
| 5710 | + | 175.17and | |
| 5711 | + | 175.18 (3) seeking to enroll in a training program that includes opportunities for hands-on or | |
| 5712 | + | 175.19on-site experience in the industry. | |
| 5713 | + | 175.20 (d) Grant money awarded to eligible individuals shall be used to pay the costs of enrolling | |
| 5714 | + | 175.21in a training program relevant to the legal cannabis industry, including tuition, fees, and | |
| 5715 | + | 175.22materials costs. Grant money may also be used to remove external barriers to attending such | |
| 5716 | + | 175.23a training program, such as the cost of child care, transportation, or other expenses approved | |
| 5717 | + | 175.24by the commissioner. | |
| 5718 | + | 175.25 Subd. 5.Program outreach.The commissioner shall make extensive efforts to publicize | |
| 5719 | + | 175.26these grants, including through partnerships with community organizations, particularly | |
| 5720 | + | 175.27those organizations located in areas where long-term residents are eligible to be social equity | |
| 5721 | + | 175.28applicants. | |
| 5722 | + | 175.29 Subd. 6.Reports to the legislature.By January 15, 2024, and each January 15 thereafter, | |
| 5723 | + | 175.30the commissioner must submit a report to the chairs and ranking minority members of the | |
| 5724 | + | 175.31committees of the house of representatives and the senate having jurisdiction over workforce | |
| 5725 | + | 175.32development that describes awards given through the CanTrain program and the use of | |
| 5726 | + | 175Article 3 Sec. 3. | |
| 5727 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 176.1grant money, including any measures of success toward training people for successful | |
| 5728 | + | 176.2careers in the legal cannabis industry. | |
| 5729 | + | 176.3 ARTICLE 4 | |
| 5730 | + | 176.4 CRIMINAL PENALTIES | |
| 5731 | + | 176.5Section 1. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision | |
| 5732 | + | 176.6to read: | |
| 5733 | + | 176.7 Subd. 25.Artificially derived cannabinoid."Artificially derived cannabinoid" has the | |
| 5734 | + | 176.8meaning given in section 342.01, subdivision 6. | |
| 5735 | + | 176.9Sec. 2. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to | |
| 5736 | + | 176.10read: | |
| 5737 | + | 176.11 Subd. 26.Cannabis concentrate."Cannabis concentrate" has the meaning given in | |
| 5738 | + | 176.12section 342.01, subdivision 14. | |
| 5739 | + | 176.13Sec. 3. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to | |
| 5740 | + | 176.14read: | |
| 5741 | + | 176.15 Subd. 27.Cannabis flower."Cannabis flower" has the meaning given in section 342.01, | |
| 5742 | + | 176.16subdivision 15. | |
| 5743 | + | 176.17Sec. 4. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to | |
| 5744 | + | 176.18read: | |
| 5745 | + | 176.19 Subd. 28.Cannabis plant."Cannabis plant" has the meaning given in section 342.01, | |
| 5746 | + | 176.20subdivision 18. | |
| 5747 | + | 176.21Sec. 5. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to | |
| 5748 | + | 176.22read: | |
| 5749 | + | 176.23 Subd. 29.Cannabis product."Cannabis product" has the meaning given in section | |
| 5750 | + | 176.24342.01, subdivision 19. | |
| 5751 | + | 176.25Sec. 6. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to | |
| 5752 | + | 176.26read: | |
| 5753 | + | 176.27 Subd. 30.Edible cannabis product."Edible cannabis product" has the meaning given | |
| 5754 | + | 176.28in section 342.01, subdivision 29. | |
| 5755 | + | 176Article 4 Sec. 6. | |
| 5756 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 177.1Sec. 7. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to | |
| 5757 | + | 177.2read: | |
| 5758 | + | 177.3 Subd. 31.Hemp-derived consumer product."Hemp-derived consumer product" has | |
| 5759 | + | 177.4the meaning given in section 342.01, subdivision 35. | |
| 5760 | + | 177.5Sec. 8. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to | |
| 5761 | + | 177.6read: | |
| 5762 | + | 177.7 Subd. 32.Lower-potency hemp edible."Lower-potency hemp edible" has the meaning | |
| 5763 | + | 177.8given in section 342.01, subdivision 48. | |
| 5764 | + | 177.9Sec. 9. Minnesota Statutes 2022, section 152.021, subdivision 1, is amended to read: | |
| 5765 | + | 177.10 Subdivision 1.Sale crimes.A person is guilty of controlled substance crime in the first | |
| 5766 | + | 177.11degree if: | |
| 5767 | + | 177.12 (1) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5768 | + | 177.13more mixtures of a total weight of 17 grams or more containing cocaine or methamphetamine; | |
| 5769 | + | 177.14 (2) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5770 | + | 177.15more mixtures of a total weight of ten grams or more containing cocaine or methamphetamine | |
| 5771 | + | 177.16and: | |
| 5772 | + | 177.17 (i) the person or an accomplice possesses on their person or within immediate reach, or | |
| 5773 | + | 177.18uses, whether by brandishing, displaying, threatening with, or otherwise employing, a | |
| 5774 | + | 177.19firearm; or | |
| 5775 | + | 177.20 (ii) the offense involves two aggravating factors; | |
| 5776 | + | 177.21 (3) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5777 | + | 177.22more mixtures of a total weight of ten grams or more containing heroin; | |
| 5778 | + | 177.23 (4) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5779 | + | 177.24more mixtures of a total weight of 50 grams or more containing a narcotic drug other than | |
| 5780 | + | 177.25cocaine, heroin, or methamphetamine; or | |
| 5781 | + | 177.26 (5) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5782 | + | 177.27more mixtures of a total weight of 50 grams or more containing amphetamine, phencyclidine, | |
| 5783 | + | 177.28or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 200 or | |
| 5784 | + | 177.29more dosage units; or. | |
| 5785 | + | 177Article 4 Sec. 9. | |
| 5786 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 178.1 (6) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5787 | + | 178.2more mixtures of a total weight of 25 kilograms or more containing marijuana or | |
| 5788 | + | 178.3Tetrahydrocannabinols. | |
| 5789 | + | 178.4 EFFECTIVE DATE.This section is effective January 1, 2024, and applies to crimes | |
| 5790 | + | 178.5committed on or after that date. | |
| 5791 | + | 178.6Sec. 10. Minnesota Statutes 2022, section 152.021, subdivision 2, is amended to read: | |
| 5792 | + | 178.7 Subd. 2.Possession crimes.(a) A person is guilty of a controlled substance crime in | |
| 5793 | + | 178.8the first degree if: | |
| 5794 | + | 178.9 (1) the person unlawfully possesses one or more mixtures of a total weight of 50 grams | |
| 5795 | + | 178.10or more containing cocaine or methamphetamine; | |
| 5796 | + | 178.11 (2) the person unlawfully possesses one or more mixtures of a total weight of 25 grams | |
| 5797 | + | 178.12or more containing cocaine or methamphetamine and: | |
| 5798 | + | 178.13 (i) the person or an accomplice possesses on their person or within immediate reach, or | |
| 5799 | + | 178.14uses, whether by brandishing, displaying, threatening with, or otherwise employing, a | |
| 5800 | + | 178.15firearm; or | |
| 5801 | + | 178.16 (ii) the offense involves two aggravating factors; | |
| 5802 | + | 178.17 (3) the person unlawfully possesses one or more mixtures of a total weight of 25 grams | |
| 5803 | + | 178.18or more containing heroin; | |
| 5804 | + | 178.19 (4) the person unlawfully possesses one or more mixtures of a total weight of 500 grams | |
| 5805 | + | 178.20or more containing a narcotic drug other than cocaine, heroin, or methamphetamine; | |
| 5806 | + | 178.21 (5) the person unlawfully possesses one or more mixtures of a total weight of 500 grams | |
| 5807 | + | 178.22or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled | |
| 5808 | + | 178.23substance is packaged in dosage units, equaling 500 or more dosage units; or | |
| 5809 | + | 178.24 (6) the person unlawfully possesses one or more mixtures of a total weight of 50 | |
| 5810 | + | 178.25kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 500 or | |
| 5811 | + | 178.26more marijuana plants.: | |
| 5812 | + | 178.27 (i) 50 kilograms or more of cannabis flower; | |
| 5813 | + | 178.28 (ii) ten kilograms or more of cannabis concentrate; or | |
| 5814 | + | 178.29 (iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer | |
| 5815 | + | 178.30products, or any combination of those infused with more than one kilogram of | |
| 5816 | + | 178.31tetrahydrocannabinols. | |
| 5817 | + | 178Article 4 Sec. 10. | |
| 5818 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 179.1 (b) For the purposes of this subdivision, the weight of fluid used in a water pipe may | |
| 5819 | + | 179.2not be considered in measuring the weight of a mixture except in cases where the mixture | |
| 5820 | + | 179.3contains four or more fluid ounces of fluid. | |
| 5821 | + | 179.4 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 5822 | + | 179.5committed on or after that date. | |
| 5823 | + | 179.6Sec. 11. Minnesota Statutes 2022, section 152.022, subdivision 1, is amended to read: | |
| 5824 | + | 179.7 Subdivision 1.Sale crimes.A person is guilty of controlled substance crime in the | |
| 5825 | + | 179.8second degree if: | |
| 5826 | + | 179.9 (1) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5827 | + | 179.10more mixtures of a total weight of ten grams or more containing a narcotic drug other than | |
| 5828 | + | 179.11heroin; | |
| 5829 | + | 179.12 (2) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5830 | + | 179.13more mixtures of a total weight of three grams or more containing cocaine or | |
| 5831 | + | 179.14methamphetamine and: | |
| 5832 | + | 179.15 (i) the person or an accomplice possesses on their person or within immediate reach, or | |
| 5833 | + | 179.16uses, whether by brandishing, displaying, threatening with, or otherwise employing, a | |
| 5834 | + | 179.17firearm; or | |
| 5835 | + | 179.18 (ii) the offense involves three aggravating factors; | |
| 5836 | + | 179.19 (3) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5837 | + | 179.20more mixtures of a total weight of three grams or more containing heroin; | |
| 5838 | + | 179.21 (4) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5839 | + | 179.22more mixtures of a total weight of ten grams or more containing amphetamine, phencyclidine, | |
| 5840 | + | 179.23or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 50 or | |
| 5841 | + | 179.24more dosage units; | |
| 5842 | + | 179.25 (5) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5843 | + | 179.26more mixtures of a total weight of ten kilograms or more containing marijuana or | |
| 5844 | + | 179.27Tetrahydrocannabinols; | |
| 5845 | + | 179.28 (6) (5) the person unlawfully sells any amount of a Schedule I or II narcotic drug to a | |
| 5846 | + | 179.29person under the age of 18, or conspires with or employs a person under the age of 18 to | |
| 5847 | + | 179.30unlawfully sell the substance; or | |
| 5848 | + | 179.31 (7) (6) the person unlawfully sells any of the following in a school zone, a park zone, a | |
| 5849 | + | 179.32public housing zone, or a drug treatment facility: | |
| 5850 | + | 179Article 4 Sec. 11. | |
| 5851 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 180.1 (i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD), | |
| 5852 | + | 180.23,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine; or | |
| 5853 | + | 180.3 (ii) one or more mixtures containing methamphetamine or amphetamine; or. | |
| 5854 | + | 180.4 (iii) one or more mixtures of a total weight of five kilograms or more containing marijuana | |
| 5855 | + | 180.5or Tetrahydrocannabinols. | |
| 5856 | + | 180.6 EFFECTIVE DATE.This section is effective January 1, 2024, and applies to crimes | |
| 5857 | + | 180.7committed on or after that date. | |
| 5858 | + | 180.8Sec. 12. Minnesota Statutes 2022, section 152.022, subdivision 2, is amended to read: | |
| 5859 | + | 180.9 Subd. 2.Possession crimes.(a) A person is guilty of controlled substance crime in the | |
| 5860 | + | 180.10second degree if: | |
| 5861 | + | 180.11 (1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams | |
| 5862 | + | 180.12or more containing cocaine or methamphetamine; | |
| 5863 | + | 180.13 (2) the person unlawfully possesses one or more mixtures of a total weight of ten grams | |
| 5864 | + | 180.14or more containing cocaine or methamphetamine and: | |
| 5865 | + | 180.15 (i) the person or an accomplice possesses on their person or within immediate reach, or | |
| 5866 | + | 180.16uses, whether by brandishing, displaying, threatening with, or otherwise employing, a | |
| 5867 | + | 180.17firearm; or | |
| 5868 | + | 180.18 (ii) the offense involves three aggravating factors; | |
| 5869 | + | 180.19 (3) the person unlawfully possesses one or more mixtures of a total weight of six grams | |
| 5870 | + | 180.20or more containing heroin; | |
| 5871 | + | 180.21 (4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams | |
| 5872 | + | 180.22or more containing a narcotic drug other than cocaine, heroin, or methamphetamine; | |
| 5873 | + | 180.23 (5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams | |
| 5874 | + | 180.24or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled | |
| 5875 | + | 180.25substance is packaged in dosage units, equaling 100 or more dosage units; or | |
| 5876 | + | 180.26 (6) the person unlawfully possesses one or more mixtures of a total weight of 25 | |
| 5877 | + | 180.27kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 100 or | |
| 5878 | + | 180.28more marijuana plants.: | |
| 5879 | + | 180.29 (i) 25 kilograms or more of cannabis flower; | |
| 5880 | + | 180.30 (ii) five kilograms or more of cannabis concentrate; or | |
| 5881 | + | 180Article 4 Sec. 12. | |
| 5882 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 181.1 (iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer | |
| 5883 | + | 181.2products, or any combination of those infused with more than 500 grams of | |
| 5884 | + | 181.3tetrahydrocannabinols. | |
| 5885 | + | 181.4 (b) For the purposes of this subdivision, the weight of fluid used in a water pipe may | |
| 5886 | + | 181.5not be considered in measuring the weight of a mixture except in cases where the mixture | |
| 5887 | + | 181.6contains four or more fluid ounces of fluid. | |
| 5888 | + | 181.7 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 5889 | + | 181.8committed on or after that date. | |
| 5890 | + | 181.9Sec. 13. Minnesota Statutes 2022, section 152.023, subdivision 1, is amended to read: | |
| 5891 | + | 181.10 Subdivision 1.Sale crimes.A person is guilty of controlled substance crime in the third | |
| 5892 | + | 181.11degree if: | |
| 5893 | + | 181.12 (1) the person unlawfully sells one or more mixtures containing a narcotic drug; | |
| 5894 | + | 181.13 (2) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5895 | + | 181.14more mixtures containing phencyclidine or hallucinogen, it is packaged in dosage units, | |
| 5896 | + | 181.15and equals ten or more dosage units; | |
| 5897 | + | 181.16 (3) the person unlawfully sells one or more mixtures containing a controlled substance | |
| 5898 | + | 181.17classified in Schedule I, II, or III, except a Schedule I or II narcotic drug, cannabis flower, | |
| 5899 | + | 181.18or cannabinoid products to a person under the age of 18; or | |
| 5900 | + | 181.19 (4) the person conspires with or employs a person under the age of 18 to unlawfully sell | |
| 5901 | + | 181.20one or more mixtures containing a controlled substance listed in Schedule I, II, or III, except | |
| 5902 | + | 181.21a Schedule I or II narcotic drug; or. | |
| 5903 | + | 181.22 (5) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5904 | + | 181.23more mixtures of a total weight of five kilograms or more containing marijuana or | |
| 5905 | + | 181.24Tetrahydrocannabinols. | |
| 5906 | + | 181.25 EFFECTIVE DATE.This section is effective January 1, 2024, and applies to crimes | |
| 5907 | + | 181.26committed on or after that date. | |
| 5908 | + | 181.27Sec. 14. Minnesota Statutes 2022, section 152.023, subdivision 2, is amended to read: | |
| 5909 | + | 181.28 Subd. 2.Possession crimes.(a) A person is guilty of controlled substance crime in the | |
| 5910 | + | 181.29third degree if: | |
| 5911 | + | 181Article 4 Sec. 14. | |
| 5912 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 182.1 (1) on one or more occasions within a 90-day period the person unlawfully possesses | |
| 5913 | + | 182.2one or more mixtures of a total weight of ten grams or more containing a narcotic drug other | |
| 5914 | + | 182.3than heroin; | |
| 5915 | + | 182.4 (2) on one or more occasions within a 90-day period the person unlawfully possesses | |
| 5916 | + | 182.5one or more mixtures of a total weight of three grams or more containing heroin; | |
| 5917 | + | 182.6 (3) on one or more occasions within a 90-day period the person unlawfully possesses | |
| 5918 | + | 182.7one or more mixtures containing a narcotic drug, it is packaged in dosage units, and equals | |
| 5919 | + | 182.850 or more dosage units; | |
| 5920 | + | 182.9 (4) on one or more occasions within a 90-day period the person unlawfully possesses | |
| 5921 | + | 182.10any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid | |
| 5922 | + | 182.11diethylamide (LSD), 3,4-methylenedioxy amphetamine, or | |
| 5923 | + | 182.123,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone, | |
| 5924 | + | 182.13or a drug treatment facility; | |
| 5925 | + | 182.14 (5) on one or more occasions within a 90-day period the person unlawfully possesses | |
| 5926 | + | 182.15one or more mixtures of a total weight of ten kilograms or more containing marijuana or | |
| 5927 | + | 182.16Tetrahydrocannabinols: | |
| 5928 | + | 182.17 (i) more than ten kilograms of cannabis flower; | |
| 5929 | + | 182.18 (ii) more than two kilograms of cannabis concentrate; or | |
| 5930 | + | 182.19 (iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer | |
| 5931 | + | 182.20products, or any combination of those infused with more than 200 grams of | |
| 5932 | + | 182.21tetrahydrocannabinol; or | |
| 5933 | + | 182.22 (6) the person unlawfully possesses one or more mixtures containing methamphetamine | |
| 5934 | + | 182.23or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment | |
| 5935 | + | 182.24facility. | |
| 5936 | + | 182.25 (b) For the purposes of this subdivision, the weight of fluid used in a water pipe may | |
| 5937 | + | 182.26not be considered in measuring the weight of a mixture except in cases where the mixture | |
| 5938 | + | 182.27contains four or more fluid ounces of fluid. | |
| 5939 | + | 182.28 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 5940 | + | 182.29committed on or after that date. | |
| 5941 | + | 182.30Sec. 15. Minnesota Statutes 2022, section 152.024, subdivision 1, is amended to read: | |
| 5942 | + | 182.31 Subdivision 1.Sale crimes.A person is guilty of controlled substance crime in the fourth | |
| 5943 | + | 182.32degree if: | |
| 5944 | + | 182Article 4 Sec. 15. | |
| 5945 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 183.1 (1) the person unlawfully sells one or more mixtures containing a controlled substance | |
| 5946 | + | 183.2classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols; | |
| 5947 | + | 183.3 (2) the person unlawfully sells one or more mixtures containing a controlled substance | |
| 5948 | + | 183.4classified in Schedule IV or V to a person under the age of 18; or | |
| 5949 | + | 183.5 (3) the person conspires with or employs a person under the age of 18 to unlawfully sell | |
| 5950 | + | 183.6a controlled substance classified in Schedule IV or V; or. | |
| 5951 | + | 183.7 (4) the person unlawfully sells any amount of marijuana or Tetrahydrocannabinols in a | |
| 5952 | + | 183.8school zone, a park zone, a public housing zone, or a drug treatment facility, except a small | |
| 5953 | + | 183.9amount for no remuneration. | |
| 5954 | + | 183.10 EFFECTIVE DATE.This section is effective January 1, 2024, and applies to crimes | |
| 5955 | + | 183.11committed on or after that date. | |
| 5956 | + | 183.12Sec. 16. Minnesota Statutes 2022, section 152.025, subdivision 1, is amended to read: | |
| 5957 | + | 183.13 Subdivision 1.Sale crimes.A person is guilty of a controlled substance crime in the | |
| 5958 | + | 183.14fifth degree and upon conviction may be sentenced as provided in subdivision 4 if: | |
| 5959 | + | 183.15 (1) the person unlawfully sells one or more mixtures containing marijuana or | |
| 5960 | + | 183.16tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or | |
| 5961 | + | 183.17 (2) the person unlawfully sells one or more mixtures containing a controlled substance | |
| 5962 | + | 183.18classified in Schedule IV. | |
| 5963 | + | 183.19 EFFECTIVE DATE.This section is effective January 1, 2024, and applies to crimes | |
| 5964 | + | 183.20committed on or after that date. | |
| 5965 | + | 183.21Sec. 17. Minnesota Statutes 2022, section 152.025, subdivision 2, is amended to read: | |
| 5966 | + | 183.22 Subd. 2.Possession and other crimes.A person is guilty of controlled substance crime | |
| 5967 | + | 183.23in the fifth degree and upon conviction may be sentenced as provided in subdivision 4 if: | |
| 5968 | + | 183.24 (1) the person unlawfully possesses one or more mixtures containing a controlled | |
| 5969 | + | 183.25substance classified in Schedule I, II, III, or IV, except a small amount of marijuana cannabis | |
| 5970 | + | 183.26flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products; | |
| 5971 | + | 183.27or | |
| 5972 | + | 183.28 (2) the person procures, attempts to procure, possesses, or has control over a controlled | |
| 5973 | + | 183.29substance by any of the following means: | |
| 5974 | + | 183.30 (i) fraud, deceit, misrepresentation, or subterfuge; | |
| 5975 | + | 183Article 4 Sec. 17. | |
| 5976 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 184.1 (ii) using a false name or giving false credit; or | |
| 5977 | + | 184.2 (iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer, | |
| 5978 | + | 184.3wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice | |
| 5979 | + | 184.4medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of | |
| 5980 | + | 184.5obtaining a controlled substance. | |
| 5981 | + | 184.6 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 5982 | + | 184.7committed on or after that date. | |
| 5983 | + | 184.8Sec. 18. [152.0263] CANNABIS POSSESSION CRIMES. | |
| 5984 | + | 184.9 Subdivision 1.Possession of cannabis in the first degree.A person is guilty of cannabis | |
| 5985 | + | 184.10possession in the first degree and may be sentenced to imprisonment of not more than five | |
| 5986 | + | 184.11years or to payment of a fine of not more than $10,000, or both, if the person unlawfully | |
| 5987 | + | 184.12possesses any of the following: | |
| 5988 | + | 184.13 (1) more than 1.5 pounds but not more than ten kilograms of cannabis flower; | |
| 5989 | + | 184.14 (2) more than 160 grams but not more than two kilograms of cannabis concentrate; or | |
| 5990 | + | 184.15 (3) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 5991 | + | 184.16products infused with more than 16 grams but not more than 200 grams of | |
| 5992 | + | 184.17tetrahydrocannabinol. | |
| 5993 | + | 184.18 Subd. 2.Possession of cannabis in the second degree.A person is guilty of cannabis | |
| 5994 | + | 184.19possession in the second degree and may be sentenced to imprisonment of not more than | |
| 5995 | + | 184.20one year or to payment of a fine of not more than $3,000, or both, if the person unlawfully | |
| 5996 | + | 184.21possesses any of the following: | |
| 5997 | + | 184.22 (1) more than one pound but not more than 1.5 pounds of cannabis flower in any place | |
| 5998 | + | 184.23other than the person's residence; | |
| 5999 | + | 184.24 (2) more than 80 grams but not more than 160 grams of cannabis concentrate; or | |
| 6000 | + | 184.25 (3) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 6001 | + | 184.26products infused with more than eight grams but not more than 16 grams of | |
| 6002 | + | 184.27tetrahydrocannabinol. | |
| 6003 | + | 184.28 Subd. 3.Possession of cannabis in the third degree.A person is guilty of cannabis | |
| 6004 | + | 184.29possession in the third degree and may be sentenced to imprisonment of not more than 90 | |
| 6005 | + | 184.30days or to payment of a fine of not more than $1,000, or both, if the person unlawfully | |
| 6006 | + | 184.31possesses any of the following: | |
| 6007 | + | 184Article 4 Sec. 18. | |
| 6008 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 185.1 (1) more than four ounces but not more than one pound of cannabis flower in any place | |
| 6009 | + | 185.2other than the person's residence; | |
| 6010 | + | 185.3 (2) more than 16 grams but not more than 80 grams of cannabis concentrate; or | |
| 6011 | + | 185.4 (3) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 6012 | + | 185.5products infused with more than 1,600 milligrams but not more than eight grams of | |
| 6013 | + | 185.6tetrahydrocannabinol. | |
| 6014 | + | 185.7 Subd. 4.Possession of cannabis in the fourth degree.A person is guilty of a petty | |
| 6015 | + | 185.8misdemeanor if the person unlawfully possesses any of the following: | |
| 6016 | + | 185.9 (1) more than two ounces but not more than four ounces of cannabis flower in any place | |
| 6017 | + | 185.10other than the person's residence; | |
| 6018 | + | 185.11 (2) more than eight grams but not more than 16 grams of cannabis concentrate; or | |
| 6019 | + | 185.12 (3) edible cannabinoid products infused with more than 800 milligrams but not more | |
| 6020 | + | 185.13than 1,600 milligrams of tetrahydrocannabinol. | |
| 6021 | + | 185.14 Subd. 5.Use of cannabis in public.A local unit of government may adopt an ordinance | |
| 6022 | + | 185.15establishing a petty misdemeanor offense for a person who unlawfully uses cannabis flower, | |
| 6023 | + | 185.16cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a | |
| 6024 | + | 185.17public place provided that the definition of public place does not include the following: | |
| 6025 | + | 185.18 (1) a private residence, including the person's curtilage or yard; | |
| 6026 | + | 185.19 (2) private property not generally accessible by the public, unless the person is explicitly | |
| 6027 | + | 185.20prohibited from consuming cannabis flower, cannabis products, lower-potency hemp edibles, | |
| 6028 | + | 185.21or hemp-derived consumer products on the property by the owner of the property; or | |
| 6029 | + | 185.22 (3) the premises of an establishment or event licensed to permit on-site consumption. | |
| 6030 | + | 185.23 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6031 | + | 185.24committed on or after that date. | |
| 6032 | + | 185.25Sec. 19. [152.0264] CANNABIS SALE CRIMES. | |
| 6033 | + | 185.26 Subdivision 1.Sale of cannabis in the first degree.A person is guilty of the sale of | |
| 6034 | + | 185.27cannabis in the first degree and may be sentenced to imprisonment of not more than five | |
| 6035 | + | 185.28years or to payment of a fine of not more than $10,000, or both, if the person unlawfully | |
| 6036 | + | 185.29sells more than two ounces of cannabis flower; more than eight grams of cannabis | |
| 6037 | + | 185.30concentrate; or edible cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 6038 | + | 185.31consumer products infused with more than 800 milligrams of tetrahydrocannabinol: | |
| 6039 | + | 185Article 4 Sec. 19. | |
| 6040 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 186.1 (1) to a minor and the defendant is an adult who is more than 36 months older than the | |
| 6041 | + | 186.2minor; | |
| 6042 | + | 186.3 (2) within ten years of two or more convictions under subdivision 2 or 3; or | |
| 6043 | + | 186.4 (3) within ten years of a conviction under this subdivision. | |
| 6044 | + | 186.5 Subd. 2.Sale of cannabis in the second degree.A person is guilty of sale of cannabis | |
| 6045 | + | 186.6in the second degree and may be sentenced to imprisonment of not more than one year or | |
| 6046 | + | 186.7to payment of a fine of not more than $3,000, or both, if the person unlawfully sells: | |
| 6047 | + | 186.8 (1) more than two ounces of cannabis flower; more than eight grams of cannabis | |
| 6048 | + | 186.9concentrate; or edible cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 6049 | + | 186.10consumer products infused with more than 800 milligrams of tetrahydrocannabinol: | |
| 6050 | + | 186.11 (i) to a minor and the defendant is an adult who is not more than 36 months older than | |
| 6051 | + | 186.12the minor; | |
| 6052 | + | 186.13 (ii) in a school zone, a park zone, a public housing zone, or a drug treatment facility; or | |
| 6053 | + | 186.14 (iii) within ten years of a conviction under subdivision 1, 2, or 3; or | |
| 6054 | + | 186.15 (2) up to two ounces of cannabis flower; up to eight grams of cannabis concentrate; | |
| 6055 | + | 186.16edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer products | |
| 6056 | + | 186.17infused with up to 800 milligrams of tetrahydrocannabinol to a minor. | |
| 6057 | + | 186.18 Subd. 3.Sale of cannabis in the third degree.A person is guilty of sale of cannabis in | |
| 6058 | + | 186.19the third degree and may be sentenced to imprisonment of not more than 90 days or to | |
| 6059 | + | 186.20payment of a fine of not more than $1,000, or both, if the person unlawfully sells: | |
| 6060 | + | 186.21 (1) more than two ounces of cannabis flower; | |
| 6061 | + | 186.22 (2) more than eight grams of cannabis concentrate; or | |
| 6062 | + | 186.23 (3) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 6063 | + | 186.24products infused with more than 800 milligrams of tetrahydrocannabinol. | |
| 6064 | + | 186.25 Subd. 4.Sale of cannabis in the fourth degree.(a) A person is guilty of a petty | |
| 6065 | + | 186.26misdemeanor if the person unlawfully sells: | |
| 6066 | + | 186.27 (1) not more than two ounces of cannabis flower; | |
| 6067 | + | 186.28 (2) not more than eight grams of cannabis concentrate; or | |
| 6068 | + | 186.29 (3) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 6069 | + | 186.30products infused with not more than 800 milligrams of tetrahydrocannabinol. | |
| 6070 | + | 186Article 4 Sec. 19. | |
| 6071 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 187.1 (b) A sale for no remuneration by an individual over the age of 21 to another individual | |
| 6072 | + | 187.2over the age of 21 is not an unlawful sale under this subdivision. | |
| 6073 | + | 187.3 Subd. 5.Sale of cannabis by a minor.(a) A minor is guilty of a petty misdemeanor if: | |
| 6074 | + | 187.4 (1) the minor unlawfully sells cannabis flower, cannabis concentrate, cannabis products, | |
| 6075 | + | 187.5lower-potency hemp edibles, or hemp-derived consumer products; and | |
| 6076 | + | 187.6 (2) the minor has not previously received a petty misdemeanor disposition or been | |
| 6077 | + | 187.7adjudicated delinquent for committing an act in violation of this section. | |
| 6078 | + | 187.8 (b) A minor sentenced under this subdivision is required to participate in a drug education | |
| 6079 | + | 187.9program unless the court enters a written finding that a drug education program is | |
| 6080 | + | 187.10inappropriate. The program must be approved by an area mental health board with a | |
| 6081 | + | 187.11curriculum approved by the state alcohol and drug abuse authority. | |
| 6082 | + | 187.12 (c) A minor who receives a disposition pursuant to this subdivision is required to perform | |
| 6083 | + | 187.13community service. | |
| 6084 | + | 187.14 EFFECTIVE DATE.This section is effective January 1, 2024, and applies to crimes | |
| 6085 | + | 187.15committed on or after that date. | |
| 6086 | + | 187.16Sec. 20. [152.0265] CANNABIS CULTIVATION CRIMES. | |
| 6087 | + | 187.17 Subdivision 1.Cultivation of cannabis in the first degree.A person is guilty of | |
| 6088 | + | 187.18cultivation of cannabis in the first degree and may be sentenced to imprisonment of not | |
| 6089 | + | 187.19more than five years or to payment of a fine of not more than $10,000, or both, if the person | |
| 6090 | + | 187.20unlawfully cultivates more than 23 cannabis plants. | |
| 6091 | + | 187.21 Subd. 2.Cultivation of cannabis in the second degree.A person is guilty of cultivation | |
| 6092 | + | 187.22of cannabis in the second degree and may be sentenced to imprisonment of not more than | |
| 6093 | + | 187.23one year or to payment of a fine of not more than $3,000, or both, if the person unlawfully | |
| 6094 | + | 187.24cultivates more than 16 cannabis plants but not more than 23 cannabis plants. | |
| 6090 | 6095 | 187.25 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6091 | 6096 | 187.26committed on or after that date. | |
| 6092 | - | 187.27Sec. 15. Minnesota Statutes 2022, section 152.023, subdivision 2, is amended to read: | |
| 6093 | - | 187.28 Subd. 2.Possession crimes.(a) A person is guilty of controlled substance crime in the | |
| 6094 | - | 187.29third degree if: | |
| 6095 | - | 187Article 4 Sec. 15. | |
| 6096 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 188.1 (1) on one or more occasions within a 90-day period the person unlawfully possesses | |
| 6097 | - | 188.2one or more mixtures of a total weight of ten grams or more containing a narcotic drug other | |
| 6098 | - | 188.3than heroin; | |
| 6099 | - | 188.4 (2) on one or more occasions within a 90-day period the person unlawfully possesses | |
| 6100 | - | 188.5one or more mixtures of a total weight of three grams or more containing heroin; | |
| 6101 | - | 188.6 (3) on one or more occasions within a 90-day period the person unlawfully possesses | |
| 6102 | - | 188.7one or more mixtures containing a narcotic drug, it is packaged in dosage units, and equals | |
| 6103 | - | 188.850 or more dosage units; | |
| 6104 | - | 188.9 (4) on one or more occasions within a 90-day period the person unlawfully possesses | |
| 6105 | - | 188.10any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid | |
| 6106 | - | 188.11diethylamide (LSD), 3,4-methylenedioxy amphetamine, or | |
| 6107 | - | 188.123,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone, | |
| 6108 | - | 188.13or a drug treatment facility; | |
| 6109 | - | 188.14 (5) on one or more occasions within a 90-day period the person unlawfully possesses | |
| 6110 | - | 188.15one or more mixtures of a total weight of ten kilograms or more containing marijuana or | |
| 6111 | - | 188.16Tetrahydrocannabinols: | |
| 6112 | - | 188.17 (i) more than ten kilograms of cannabis flower; | |
| 6113 | - | 188.18 (ii) more than two kilograms of cannabis concentrate; or | |
| 6114 | - | 188.19 (iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer | |
| 6115 | - | 188.20products, or any combination of those infused with more than 200 grams of | |
| 6116 | - | 188.21tetrahydrocannabinol; or | |
| 6117 | - | 188.22 (6) the person unlawfully possesses one or more mixtures containing methamphetamine | |
| 6118 | - | 188.23or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment | |
| 6119 | - | 188.24facility. | |
| 6120 | - | 188.25 (b) For the purposes of this subdivision, the weight of fluid used in a water pipe may | |
| 6121 | - | 188.26not be considered in measuring the weight of a mixture except in cases where the mixture | |
| 6122 | - | 188.27contains four or more fluid ounces of fluid. | |
| 6123 | - | 188.28 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6124 | - | 188.29committed on or after that date. | |
| 6125 | - | 188.30Sec. 16. Minnesota Statutes 2022, section 152.024, subdivision 1, is amended to read: | |
| 6126 | - | 188.31 Subdivision 1.Sale crimes.A person is guilty of controlled substance crime in the fourth | |
| 6127 | - | 188.32degree if: | |
| 6128 | - | 188Article 4 Sec. 16. | |
| 6129 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 189.1 (1) the person unlawfully sells one or more mixtures containing a controlled substance | |
| 6130 | - | 189.2classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols; | |
| 6131 | - | 189.3 (2) the person unlawfully sells one or more mixtures containing a controlled substance | |
| 6132 | - | 189.4classified in Schedule IV or V to a person under the age of 18; or | |
| 6133 | - | 189.5 (3) the person conspires with or employs a person under the age of 18 to unlawfully sell | |
| 6134 | - | 189.6a controlled substance classified in Schedule IV or V; or. | |
| 6135 | - | 189.7 (4) the person unlawfully sells any amount of marijuana or Tetrahydrocannabinols in a | |
| 6136 | - | 189.8school zone, a park zone, a public housing zone, or a drug treatment facility, except a small | |
| 6137 | - | 189.9amount for no remuneration. | |
| 6138 | - | 189.10 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6139 | - | 189.11committed on or after that date. | |
| 6140 | - | 189.12Sec. 17. Minnesota Statutes 2022, section 152.025, subdivision 1, is amended to read: | |
| 6141 | - | 189.13 Subdivision 1.Sale crimes.A person is guilty of a controlled substance crime in the | |
| 6142 | - | 189.14fifth degree and upon conviction may be sentenced as provided in subdivision 4 if: | |
| 6143 | - | 189.15 (1) the person unlawfully sells one or more mixtures containing marijuana or | |
| 6144 | - | 189.16tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or | |
| 6145 | - | 189.17 (2) the person unlawfully sells one or more mixtures containing a controlled substance | |
| 6146 | - | 189.18classified in Schedule IV. | |
| 6147 | - | 189.19 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6148 | - | 189.20committed on or after that date. | |
| 6149 | - | 189.21Sec. 18. Minnesota Statutes 2022, section 152.025, subdivision 2, is amended to read: | |
| 6150 | - | 189.22 Subd. 2.Possession and other crimes.A person is guilty of controlled substance crime | |
| 6151 | - | 189.23in the fifth degree and upon conviction may be sentenced as provided in subdivision 4 if: | |
| 6152 | - | 189.24 (1) the person unlawfully possesses one or more mixtures containing a controlled | |
| 6153 | - | 189.25substance classified in Schedule I, II, III, or IV, except a small amount of marijuana cannabis | |
| 6154 | - | 189.26flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products; | |
| 6155 | - | 189.27or | |
| 6156 | - | 189.28 (2) the person procures, attempts to procure, possesses, or has control over a controlled | |
| 6157 | - | 189.29substance by any of the following means: | |
| 6158 | - | 189.30 (i) fraud, deceit, misrepresentation, or subterfuge; | |
| 6159 | - | 189Article 4 Sec. 18. | |
| 6160 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 190.1 (ii) using a false name or giving false credit; or | |
| 6161 | - | 190.2 (iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer, | |
| 6162 | - | 190.3wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice | |
| 6163 | - | 190.4medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of | |
| 6164 | - | 190.5obtaining a controlled substance. | |
| 6165 | - | 190.6 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6166 | - | 190.7committed on or after that date. | |
| 6167 | - | 190.8Sec. 19. [152.0263] CANNABIS POSSESSION CRIMES. | |
| 6168 | - | 190.9 Subdivision 1.Possession of cannabis in the first degree.A person is guilty of cannabis | |
| 6169 | - | 190.10possession in the first degree and may be sentenced to imprisonment for not more than five | |
| 6170 | - | 190.11years or to payment of a fine of not more than $10,000, or both, if the person unlawfully | |
| 6171 | - | 190.12possesses any of the following: | |
| 6172 | - | 190.13 (1) more than two pounds but not more than ten kilograms of cannabis flower; | |
| 6173 | - | 190.14 (2) more than 160 grams but not more than two kilograms of cannabis concentrate; or | |
| 6174 | - | 190.15 (3) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 6175 | - | 190.16products infused with more than 16 grams but not more than 200 grams of | |
| 6176 | - | 190.17tetrahydrocannabinol. | |
| 6177 | - | 190.18 Subd. 2.Possession of cannabis in the second degree.A person is guilty of cannabis | |
| 6178 | - | 190.19possession in the second degree and may be sentenced to imprisonment for not more than | |
| 6179 | - | 190.20one year or to payment of a fine of not more than $3,000, or both, if the person unlawfully | |
| 6180 | - | 190.21possesses any of the following: | |
| 6181 | - | 190.22 (1) more than one pound but not more than two pounds of cannabis flower in any place | |
| 6182 | - | 190.23other than the person's residence; | |
| 6183 | - | 190.24 (2) more than 80 grams but not more than 160 grams of cannabis concentrate; or | |
| 6184 | - | 190.25 (3) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 6185 | - | 190.26products infused with more than eight grams but not more than 16 grams of | |
| 6186 | - | 190.27tetrahydrocannabinol. | |
| 6187 | - | 190.28 Subd. 3.Possession of cannabis in the third degree.A person is guilty of cannabis | |
| 6188 | - | 190.29possession in the third degree and may be sentenced to imprisonment for not more than 90 | |
| 6189 | - | 190.30days or to payment of a fine of not more than $1,000, or both, if the person unlawfully | |
| 6190 | - | 190.31possesses any of the following: | |
| 6191 | - | 190Article 4 Sec. 19. | |
| 6192 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 191.1 (1) more than four ounces but not more than one pound of cannabis flower in any place | |
| 6193 | - | 191.2other than the person's residence; | |
| 6194 | - | 191.3 (2) more than 16 grams but not more than 80 grams of cannabis concentrate; or | |
| 6195 | - | 191.4 (3) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 6196 | - | 191.5products infused with more than 1,600 milligrams but not more than eight grams of | |
| 6197 | - | 191.6tetrahydrocannabinol. | |
| 6198 | - | 191.7 Subd. 4.Possession of cannabis in the fourth degree.A person is guilty of a petty | |
| 6199 | - | 191.8misdemeanor if the person unlawfully possesses any of the following: | |
| 6200 | - | 191.9 (1) more than two ounces but not more than four ounces of cannabis flower in any place | |
| 6201 | - | 191.10other than the person's residence; | |
| 6202 | - | 191.11 (2) more than eight grams but not more than 16 grams of cannabis concentrate; or | |
| 6203 | - | 191.12 (3) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 6204 | - | 191.13products infused with more than 800 milligrams but not more than 1,600 milligrams of | |
| 6205 | - | 191.14tetrahydrocannabinol. | |
| 6206 | - | 191.15 Subd. 5.Use of cannabis in public.A local unit of government may adopt an ordinance | |
| 6207 | - | 191.16establishing a petty misdemeanor offense for a person who unlawfully uses cannabis flower, | |
| 6208 | - | 191.17cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a | |
| 6209 | - | 191.18public place provided that the definition of public place does not include the following: | |
| 6210 | - | 191.19 (1) a private residence, including the person's curtilage or yard; | |
| 6211 | - | 191.20 (2) private property not generally accessible by the public, unless the person is explicitly | |
| 6212 | - | 191.21prohibited from consuming cannabis flower, cannabis products, lower-potency hemp edibles, | |
| 6213 | - | 191.22or hemp-derived consumer products on the property by the owner of the property; or | |
| 6214 | - | 191.23 (3) the premises of an establishment or event licensed to permit on-site consumption. | |
| 6215 | - | 191.24 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6216 | - | 191.25committed on or after that date. | |
| 6217 | - | 191.26Sec. 20. [152.0264] CANNABIS SALE CRIMES. | |
| 6218 | - | 191.27 Subdivision 1.Sale of cannabis in the first degree.An adult is guilty of the sale of | |
| 6219 | - | 191.28cannabis in the first degree and may be sentenced to imprisonment for not more than five | |
| 6220 | - | 191.29years or to payment of a fine of not more than $10,000, or both, if the adult unlawfully sells | |
| 6221 | - | 191.30more than two ounces of cannabis flower; more than eight grams of cannabis concentrate; | |
| 6222 | - | 191Article 4 Sec. 20. | |
| 6223 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 192.1or edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 6224 | - | 192.2products infused with more than 800 milligrams of tetrahydrocannabinol: | |
| 6225 | - | 192.3 (1) to a minor and the defendant is more than 36 months older than the minor; | |
| 6226 | - | 192.4 (2) within ten years of two or more convictions under subdivision 2 or 3; or | |
| 6227 | - | 192.5 (3) within ten years of a conviction under this subdivision. | |
| 6228 | - | 192.6 Subd. 2.Sale of cannabis in the second degree.An adult is guilty of sale of cannabis | |
| 6229 | - | 192.7in the second degree and may be sentenced to imprisonment for not more than one year or | |
| 6230 | - | 192.8to payment of a fine of not more than $3,000, or both, if the adult: | |
| 6231 | - | 192.9 (1) unlawfully sells more than two ounces of cannabis flower; more than eight grams | |
| 6232 | - | 192.10of cannabis concentrate; or edible cannabis products, lower-potency hemp edibles, or | |
| 6233 | - | 192.11hemp-derived consumer products infused with more than 800 milligrams of | |
| 6234 | - | 192.12tetrahydrocannabinol: | |
| 6235 | - | 192.13 (i) in a school zone, a park zone, or a drug treatment facility; or | |
| 6236 | - | 192.14 (ii) within ten years of a conviction under subdivision 1, 2, or 3; or | |
| 6237 | - | 192.15 (2) unlawfully sells cannabis flower, cannabis concentrate, edible cannabis products, | |
| 6238 | - | 192.16lower-potency hemp edibles, or hemp-derived consumer products to a minor. | |
| 6239 | - | 192.17 Subd. 3.Sale of cannabis in the third degree.An adult is guilty of sale of cannabis in | |
| 6240 | - | 192.18the third degree and may be sentenced to imprisonment for not more than 90 days or to | |
| 6241 | - | 192.19payment of a fine of not more than $1,000, or both, if the adult unlawfully sells: | |
| 6242 | - | 192.20 (1) more than two ounces of cannabis flower; | |
| 6243 | - | 192.21 (2) more than eight grams of cannabis concentrate; or | |
| 6244 | - | 192.22 (3) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 6245 | - | 192.23products infused with more than 800 milligrams of tetrahydrocannabinol. | |
| 6246 | - | 192.24 Subd. 4.Sale of cannabis in the fourth degree.(a) An adult is guilty of a petty | |
| 6247 | - | 192.25misdemeanor if the adult unlawfully sells: | |
| 6248 | - | 192.26 (1) not more than two ounces of cannabis flower; | |
| 6249 | - | 192.27 (2) not more than eight grams of cannabis concentrate; or | |
| 6250 | - | 192.28 (3) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 6251 | - | 192.29products infused with not more than 800 milligrams of tetrahydrocannabinol. | |
| 6252 | - | 192Article 4 Sec. 20. | |
| 6253 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 193.1 (b) A sale for no remuneration by an individual over the age of 21 to another individual | |
| 6254 | - | 193.2over the age of 21 is not an unlawful sale under this subdivision. | |
| 6255 | - | 193.3 Subd. 5.Sale of cannabis by a minor.(a) A minor is guilty of a petty misdemeanor if | |
| 6256 | - | 193.4the minor unlawfully sells: | |
| 6257 | - | 193.5 (1) not more than two ounces of cannabis flower; | |
| 6258 | - | 193.6 (2) not more than eight grams of cannabis concentrate; or | |
| 6259 | - | 193.7 (3) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 6260 | - | 193.8products infused with not more than 800 milligrams of tetrahydrocannabinol. | |
| 6261 | - | 193.9 (b) A minor is guilty of a misdemeanor if the minor unlawfully sells: | |
| 6262 | - | 193.10 (1) more than two ounces of cannabis flower; | |
| 6263 | - | 193.11 (2) more than eight grams of cannabis concentrate; or | |
| 6264 | - | 193.12 (3) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 6265 | - | 193.13products infused with more than 800 milligrams of tetrahydrocannabinol. | |
| 6266 | - | 193.14 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6267 | - | 193.15committed on or after that date. | |
| 6268 | - | 193.16Sec. 21. [152.0265] CANNABIS CULTIVATION CRIMES. | |
| 6269 | - | 193.17 Subdivision 1.Cultivation of cannabis in the first degree.A person is guilty of | |
| 6270 | - | 193.18cultivation of cannabis in the first degree and may be sentenced to imprisonment for not | |
| 6271 | - | 193.19more than five years or to payment of a fine of not more than $10,000, or both, if the person | |
| 6272 | - | 193.20unlawfully cultivates more than 23 cannabis plants. | |
| 6273 | - | 193.21 Subd. 2.Cultivation of cannabis in the second degree.A person is guilty of cultivation | |
| 6274 | - | 193.22of cannabis in the second degree and may be sentenced to imprisonment for not more than | |
| 6275 | - | 193.23one year or to payment of a fine of not more than $3,000, or both, if the person unlawfully | |
| 6276 | - | 193.24cultivates more than 16 cannabis plants but not more than 23 cannabis plants. | |
| 6277 | - | 193.25 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6278 | - | 193.26committed on or after that date. | |
| 6279 | - | 193.27Sec. 22. Minnesota Statutes 2022, section 152.11, subdivision 2, is amended to read: | |
| 6280 | - | 193.28 Subd. 2. Prescription requirements for Schedule III or IV controlled substances.(a) | |
| 6281 | - | 193.29Except as provided in paragraph (b), no person may dispense a controlled substance included | |
| 6282 | - | 193.30in Schedule III or IV of section 152.02 without a prescription issued, as permitted under | |
| 6283 | - | 193Article 4 Sec. 22. | |
| 6284 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 194.1subdivision 1, by a doctor of medicine, a doctor of osteopathic medicine licensed to practice | |
| 6285 | - | 194.2medicine, a doctor of dental surgery, a doctor of dental medicine, a doctor of podiatry, a | |
| 6286 | - | 194.3doctor of optometry limited to Schedule IV, or a doctor of veterinary medicine, lawfully | |
| 6287 | - | 194.4licensed to prescribe in this state or from a practitioner licensed to prescribe controlled | |
| 6288 | - | 194.5substances by the state in which the prescription is issued, and having a current federal drug | |
| 6289 | - | 194.6enforcement administration registration number. Such prescription may not be dispensed | |
| 6290 | - | 194.7or refilled except with the documented consent of the prescriber, and in no event more than | |
| 6291 | - | 194.8six months after the date on which such prescription was issued and no such prescription | |
| 6292 | - | 194.9may be refilled more than five times. | |
| 6293 | - | 194.10 (b) This subdivision does not apply to cannabis plants, cannabis flower, cannabis products, | |
| 6294 | - | 194.11or hemp-derived consumer products sold or transferred in compliance with chapter 342. | |
| 6295 | - | 194.12Sec. 23. Minnesota Statutes 2022, section 169A.03, is amended by adding a subdivision | |
| 6296 | - | 194.13to read: | |
| 6297 | - | 194.14 Subd. 3a.Artificially derived cannabinoid."Artificially derived cannabinoid" has the | |
| 6298 | - | 194.15meaning given in section 342.01, subdivision 6. | |
| 6299 | - | 194.16Sec. 24. Minnesota Statutes 2022, section 169A.03, is amended by adding a subdivision | |
| 6300 | - | 194.17to read: | |
| 6301 | - | 194.18 Subd. 3b.Cannabis flower."Cannabis flower" has the meaning given in section 342.01, | |
| 6302 | - | 194.19subdivision 16. | |
| 6303 | - | 194.20Sec. 25. Minnesota Statutes 2022, section 169A.03, is amended by adding a subdivision | |
| 6304 | - | 194.21to read: | |
| 6305 | - | 194.22 Subd. 3c.Cannabis product."Cannabis product" has the meaning given in section | |
| 6306 | - | 194.23342.01, subdivision 20. | |
| 6307 | - | 194.24Sec. 26. Minnesota Statutes 2022, section 169A.03, is amended by adding a subdivision | |
| 6308 | - | 194.25to read: | |
| 6309 | - | 194.26 Subd. 10a.Hemp-derived consumer product."Hemp-derived consumer product" has | |
| 6310 | - | 194.27the meaning given in section 342.01, subdivision 37. | |
| 6311 | - | 194Article 4 Sec. 26. | |
| 6312 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 195.1Sec. 27. Minnesota Statutes 2022, section 169A.03, is amended by adding a subdivision | |
| 6313 | - | 195.2to read: | |
| 6314 | - | 195.3 Subd. 11b.Lower-potency hemp edible."Lower-potency hemp edible" has the meaning | |
| 6315 | - | 195.4given in section 342.01, subdivision 50. | |
| 6316 | - | 195.5Sec. 28. Minnesota Statutes 2022, section 169A.20, subdivision 1, is amended to read: | |
| 6317 | - | 195.6 Subdivision 1.Driving while impaired crime; motor vehicle.It is a crime for any | |
| 6318 | - | 195.7person to drive, operate, or be in physical control of any motor vehicle, as defined in section | |
| 6319 | - | 195.8169A.03, subdivision 15, within this state or on any boundary water of this state when: | |
| 6320 | - | 195.9 (1) the person is under the influence of alcohol; | |
| 6321 | - | 195.10 (2) the person is under the influence of a controlled substance; | |
| 6322 | - | 195.11 (3) the person is under the influence of an intoxicating substance and the person knows | |
| 6323 | - | 195.12or has reason to know that the substance has the capacity to cause impairment; | |
| 6324 | - | 195.13 (4) the person is under the influence of a combination of any two or more of the elements | |
| 6325 | - | 195.14named in clauses (1) to (3) or (8); | |
| 6326 | - | 195.15 (5) the person's alcohol concentration at the time, or as measured within two hours of | |
| 6327 | - | 195.16the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or | |
| 6328 | - | 195.17more; | |
| 6329 | - | 195.18 (6) the vehicle is a commercial motor vehicle and the person's alcohol concentration at | |
| 6330 | - | 195.19the time, or as measured within two hours of the time, of driving, operating, or being in | |
| 6331 | - | 195.20physical control of the commercial motor vehicle is 0.04 or more; or | |
| 6332 | - | 195.21 (7) the person's body contains any amount of a controlled substance listed in Schedule | |
| 6333 | - | 195.22I or II, or its metabolite, other than marijuana cannabis flower, a cannabis product, a | |
| 6334 | - | 195.23lower-potency hemp edible, a hemp-derived consumer product, an artificially derived | |
| 6335 | - | 195.24cannabinoid, or tetrahydrocannabinols; or | |
| 6336 | - | 195.25 (8) the person is under the influence of cannabis flower, a cannabis product, a | |
| 6337 | - | 195.26lower-potency hemp edible, a hemp-derived consumer product, an artificially derived | |
| 6338 | - | 195.27cannabinoid, or tetrahydrocannabinols. | |
| 6339 | - | 195.28 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6340 | - | 195.29committed on or after that date. | |
| 6341 | - | 195Article 4 Sec. 28. | |
| 6342 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 196.1Sec. 29. Minnesota Statutes 2022, section 169A.31, subdivision 1, is amended to read: | |
| 6343 | - | 196.2 Subdivision 1.Crime described.It is a crime for any person to drive, operate, or be in | |
| 6344 | - | 196.3physical control of any class of school bus or Head Start bus within this state when there is | |
| 6345 | - | 196.4physical evidence present in the person's body of the consumption of any alcohol, cannabis | |
| 6346 | - | 196.5flower, a cannabis product, an artificially derived cannabinoid, or tetrahydrocannabinols. | |
| 6347 | - | 196.6 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6348 | - | 196.7committed on or after that date. | |
| 6349 | - | 196.8Sec. 30. [169A.36] OPEN PACKAGE LAW. | |
| 6350 | - | 196.9 Subdivision 1.Definitions.As used in this section: | |
| 6351 | - | 196.10 (1) "motor vehicle" does not include motorboats in operation or off-road recreational | |
| 6352 | - | 196.11vehicles except while operated on a roadway or shoulder of a roadway that is not part of a | |
| 6353 | - | 196.12grant-in-aid trail or trail designated for that vehicle by the commissioner of natural resources; | |
| 6354 | - | 196.13and | |
| 6355 | - | 196.14 (2) "possession" means either that the person had actual possession of the package or | |
| 6356 | - | 196.15that the person consciously exercised dominion and control over the package. | |
| 6357 | - | 196.16 Subd. 2.Use; crime described.It is a crime for a person to use cannabis flower, a | |
| 6358 | - | 196.17cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, or any | |
| 6359 | - | 196.18other product containing an artificially derived cannabinoid in a motor vehicle when the | |
| 6360 | - | 196.19vehicle is on a street or highway. | |
| 6361 | - | 196.20 Subd. 3.Possession; crime described.It is a crime for a person to have in possession, | |
| 6362 | - | 196.21while in a private motor vehicle on a street or highway, any cannabis flower, a cannabis | |
| 6363 | - | 196.22product, a lower-potency hemp edible, a hemp-derived consumer product, or any other | |
| 6364 | - | 196.23product containing an artificially derived cannabinoid that: | |
| 6365 | - | 196.24 (1) is in packaging or another container that does not comply with the relevant packaging | |
| 6366 | - | 196.25requirements in chapter 152 or 342; | |
| 6367 | - | 196.26 (2) has been removed from the packaging in which it was sold; | |
| 6368 | - | 196.27 (3) is in packaging that has been opened or the seal has been broken; or | |
| 6369 | - | 196.28 (4) is in packaging of which the contents have been partially removed. | |
| 6370 | - | 196.29 Subd. 4.Liability of nonpresent owner; crime described.It is a crime for the owner | |
| 6371 | - | 196.30of any private motor vehicle or the driver, if the owner is not present in the motor vehicle, | |
| 6372 | - | 196.31to keep or allow to be kept in a motor vehicle when the vehicle is on a street or highway | |
| 6373 | - | 196Article 4 Sec. 30. | |
| 6374 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 197.1any cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived | |
| 6375 | - | 197.2consumer product, or any other product containing an artificially derived cannabinoid that: | |
| 6376 | - | 197.3 (1) is in packaging or another container that does not comply with the relevant packaging | |
| 6377 | - | 197.4requirements in chapter 152 or 342; | |
| 6378 | - | 197.5 (2) has been removed from the packaging in which it was sold; | |
| 6379 | - | 197.6 (3) is in packaging that has been opened or the seal has been broken; or | |
| 6380 | - | 197.7 (4) is in packaging of which the contents have been partially removed. | |
| 6381 | - | 197.8 Subd. 5.Criminal penalty.A person who violates subdivision 2, 3, or 4 is guilty of a | |
| 6382 | - | 197.9misdemeanor. | |
| 6383 | - | 197.10 Subd. 6.Exceptions.(a) This section does not prohibit the possession or consumption | |
| 6384 | - | 197.11of cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived | |
| 6385 | - | 197.12consumer product, or any other product containing an artificially derived cannabinoid by | |
| 6386 | - | 197.13passengers in: | |
| 6387 | - | 197.14 (1) a bus that is operated by a motor carrier of passengers as defined in section 221.012, | |
| 6388 | - | 197.15subdivision 26; | |
| 6389 | - | 197.16 (2) a vehicle that is operated for commercial purposes in a manner similar to a bicycle | |
| 6390 | - | 197.17as defined in section 169.011, subdivision 4, with five or more passengers who provide | |
| 6391 | - | 197.18pedal power to the drive train of the vehicle; or | |
| 6392 | - | 197.19 (3) a vehicle providing limousine service as defined in section 221.84, subdivision 1. | |
| 6393 | - | 197.20 (b) Subdivisions 3 and 4 do not apply to: (1) a package that is in the trunk of the vehicle | |
| 6394 | - | 197.21if the vehicle is equipped with a trunk; or (2) a package that is in another area of the vehicle | |
| 6395 | - | 197.22not normally occupied by the driver and passengers if the vehicle is not equipped with a | |
| 6396 | - | 197.23trunk. A utility compartment or glove compartment is deemed to be within the area occupied | |
| 6397 | - | 197.24by the driver and passengers. | |
| 6398 | - | 197.25 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6399 | - | 197.26committed on or after that date. | |
| 6400 | - | 197.27Sec. 31. Minnesota Statutes 2022, section 169A.51, subdivision 1, is amended to read: | |
| 6401 | - | 197.28 Subdivision 1.Implied consent; conditions; election of test.(a) Any person who drives, | |
| 6402 | - | 197.29operates, or is in physical control of a motor vehicle within this state or on any boundary | |
| 6403 | - | 197.30water of this state consents, subject to the provisions of sections 169A.50 to 169A.53 (implied | |
| 6404 | - | 197.31consent law), and section 169A.20 (driving while impaired), to a chemical test of that | |
| 6405 | - | 197Article 4 Sec. 31. | |
| 6406 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 198.1person's blood, breath, or urine for the purpose of determining the presence of alcohol,; a | |
| 6407 | - | 198.2controlled substance or its metabolite,; cannabis flower, a cannabis product, a lower-potency | |
| 6408 | - | 198.3hemp edible, a hemp-derived consumer product, artificially derived cannabinoids, or | |
| 6409 | - | 198.4tetrahydrocannabinols; or an intoxicating substance. The test must be administered at the | |
| 6410 | - | 198.5direction of a peace officer. | |
| 6411 | - | 198.6 (b) The test may be required of a person when an officer has probable cause to believe | |
| 6412 | - | 198.7the person was driving, operating, or in physical control of a motor vehicle in violation of | |
| 6413 | - | 198.8section 169A.20 (driving while impaired), and one of the following conditions exist: | |
| 6414 | - | 198.9 (1) the person has been lawfully placed under arrest for violation of section 169A.20 or | |
| 6415 | - | 198.10an ordinance in conformity with it; | |
| 6416 | - | 198.11 (2) the person has been involved in a motor vehicle accident or collision resulting in | |
| 6417 | - | 198.12property damage, personal injury, or death; | |
| 6418 | - | 198.13 (3) the person has refused to take the screening test provided for by section 169A.41 | |
| 6419 | - | 198.14(preliminary screening test); or | |
| 6420 | - | 198.15 (4) the screening test was administered and indicated an alcohol concentration of 0.08 | |
| 6421 | - | 198.16or more. | |
| 6422 | - | 198.17 (c) The test may also be required of a person when an officer has probable cause to | |
| 6423 | - | 198.18believe the person was driving, operating, or in physical control of a commercial motor | |
| 6424 | - | 198.19vehicle with the presence of any alcohol. | |
| 6425 | - | 198.20Sec. 32. Minnesota Statutes 2022, section 169A.51, subdivision 4, is amended to read: | |
| 6426 | - | 198.21 Subd. 4.Requirement of urine or blood test.A blood or urine test may be required | |
| 6427 | - | 198.22pursuant to a search warrant under sections 626.04 to 626.18 even after a breath test has | |
| 6428 | - | 198.23been administered if there is probable cause to believe that: | |
| 6429 | - | 198.24 (1) there is impairment by a controlled substance or; an intoxicating substance; or | |
| 6430 | - | 198.25cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer | |
| 6431 | - | 198.26product, artificially derived cannabinoids, or tetrahydrocannabinols that is not subject to | |
| 6432 | - | 198.27testing by a breath test; | |
| 6433 | - | 198.28 (2) a controlled substance listed in Schedule I or II or its metabolite, other than marijuana | |
| 6434 | - | 198.29cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer | |
| 6435 | - | 198.30product, artificially derived cannabinoids, or tetrahydrocannabinols, is present in the person's | |
| 6436 | - | 198.31body; or | |
| 6437 | - | 198Article 4 Sec. 32. | |
| 6438 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 199.1 (3) the person is unconscious or incapacitated to the point that the peace officer providing | |
| 6439 | - | 199.2a breath test advisory, administering a breath test, or serving the search warrant has a | |
| 6440 | - | 199.3good-faith belief that the person is mentally or physically unable to comprehend the breath | |
| 6441 | - | 199.4test advisory or otherwise voluntarily submit to chemical tests. | |
| 6442 | - | 199.5 Action may be taken against a person who refuses to take a blood test under this | |
| 6443 | - | 199.6subdivision only if a urine test was offered and action may be taken against a person who | |
| 6444 | - | 199.7refuses to take a urine test only if a blood test was offered. This limitation does not apply | |
| 6445 | - | 199.8to an unconscious person under the circumstances described in clause (3). | |
| 6446 | - | 199.9Sec. 33. Minnesota Statutes 2022, section 169A.72, is amended to read: | |
| 6447 | - | 199.10 169A.72 DRIVER EDUCATION PROGRAMS. | |
| 6448 | - | 199.11 Driver training courses offered through the public schools and driver training courses | |
| 6449 | - | 199.12offered by private or commercial schools or institutes shall include instruction which must | |
| 6450 | - | 199.13encompass at least: | |
| 6451 | - | 199.14 (1) information on the effects of consumption of beverage alcohol products and the use | |
| 6452 | - | 199.15of illegal drugs, cannabis flower, cannabis products, lower-potency hemp edibles, | |
| 6453 | - | 199.16hemp-derived consumer products, artificially derived cannabinoids, tetrahydrocannabinol | |
| 6454 | - | 199.17derived from any source, prescription drugs, and nonprescription drugs on the ability of a | |
| 6455 | - | 199.18person to operate a motor vehicle; | |
| 6456 | - | 199.19 (2) the hazards of driving while under the influence of alcohol, a controlled substance, | |
| 6457 | - | 199.20or drugs an intoxicating substance; and | |
| 6458 | - | 199.21 (3) the legal penalties and financial consequences resulting from violations of laws | |
| 6459 | - | 199.22prohibiting the operation of a motor vehicle while under the influence of alcohol, a controlled | |
| 6460 | - | 199.23substance, or drugs an intoxicating substance. | |
| 6461 | - | 199.24Sec. 34. Minnesota Statutes 2022, section 244.05, subdivision 2, is amended to read: | |
| 6462 | - | 199.25 Subd. 2.Rules.(a) The commissioner of corrections shall adopt by rule standards and | |
| 6463 | - | 199.26procedures for the establishment of conditions of release and the revocation of supervised | |
| 6464 | - | 199.27or conditional release, and shall specify the period of revocation for each violation of release. | |
| 6465 | - | 199.28Procedures for the revocation of release shall provide due process of law for the inmate. | |
| 6466 | - | 199.29 (b) The commissioner may prohibit an inmate placed on parole, supervised release, or | |
| 6467 | - | 199.30conditional release from using adult-use cannabis flower as defined in section 342.01, | |
| 6468 | - | 199.31subdivision 3, or adult-use cannabis products as defined in section 342.01, subdivision 3, | |
| 6469 | - | 199.32hemp-derived consumer products as defined in section 342.01, subdivision 35, or | |
| 6470 | - | 199Article 4 Sec. 34. | |
| 6471 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 200.1lower-potency hemp edibles as defined in section 342.01, subdivision 48, if the inmate | |
| 6472 | - | 200.2undergoes a chemical use assessment and abstinence is consistent with a recommended | |
| 6473 | - | 200.3level of care for the defendant in accordance with the criteria under section 254B.04, | |
| 6474 | - | 200.4subdivision 4. | |
| 6475 | - | 200.5 (c) The commissioner of corrections shall not prohibit an inmate placed on parole, | |
| 6476 | - | 200.6supervised release, or conditional release from participating in the registry program as | |
| 6477 | - | 200.7defined in section 342.01, subdivision 61, as a condition of release or revoke a patient's | |
| 6478 | - | 200.8parole, supervised release, or conditional release or otherwise sanction a patient on parole, | |
| 6479 | - | 200.9supervised release, or conditional release solely for participating in the registry program or | |
| 6480 | - | 200.10for a positive drug test for cannabis components or metabolites. | |
| 6481 | - | 200.11 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to supervised | |
| 6482 | - | 200.12release granted on or after that date. | |
| 6483 | - | 200.13Sec. 35. Minnesota Statutes 2022, section 192A.555, is amended to read: | |
| 6484 | - | 200.14 192A.555 DRIVING WHILE UNDER THE INFLUENCE OR RECKLESS | |
| 6485 | - | 200.15DRIVING. | |
| 6486 | - | 200.16 Any person subject to this code who drives, operates or is in physical control of any | |
| 6487 | - | 200.17motor vehicle or aircraft while under the influence of an alcoholic beverage or; controlled | |
| 6488 | - | 200.18substance; cannabis flower, cannabis product, lower-potency hemp edible, hemp-derived | |
| 6489 | - | 200.19consumer product, artificially derived cannabinoid, or tetrahydrocannabinols, as those terms | |
| 6490 | - | 200.20are defined in section 342.01, or a combination thereof or whose blood contains 0.08 percent | |
| 6491 | - | 200.21or more by weight of alcohol or who operates said motor vehicle or aircraft in a reckless or | |
| 6492 | - | 200.22wanton manner, shall be punished as a court-martial may direct. | |
| 6493 | - | 200.23 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6494 | - | 200.24committed on or after that date. | |
| 6495 | - | 200.25Sec. 36. Minnesota Statutes 2022, section 360.0752, subdivision 2, is amended to read: | |
| 6496 | - | 200.26 Subd. 2.Crime; acts prohibited.(a) It is a crime for any person to operate or attempt | |
| 6497 | - | 200.27to operate an aircraft on or over land or water within this state or over any boundary water | |
| 6498 | - | 200.28of this state under any of the following conditions: | |
| 6499 | - | 200.29 (1) when the person is under the influence of alcohol; | |
| 6500 | - | 200.30 (2) when the person is under the influence of a controlled substance; | |
| 6501 | - | 200Article 4 Sec. 36. | |
| 6502 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 201.1 (3) when the person is under the influence of a combination of any two or more of the | |
| 6503 | - | 201.2elements named in clauses (1), (2), and (6), and (9); | |
| 6504 | - | 201.3 (4) when the person's alcohol concentration is 0.04 or more; | |
| 6505 | - | 201.4 (5) when the person's alcohol concentration as measured within two hours of the time | |
| 6506 | - | 201.5of operation or attempted operation is 0.04 or more; | |
| 6507 | - | 201.6 (6) when the person is under the influence of an intoxicating substance and the person | |
| 6508 | - | 201.7knows or has reason to know that the substance has the capacity to cause impairment; | |
| 6509 | - | 201.8 (7) when the person's body contains any amount of a controlled substance listed in | |
| 6510 | - | 201.9Schedule I or II, other than marijuana or tetrahydrocannabinols; or | |
| 6511 | - | 201.10 (8) within eight hours of having consumed any alcoholic beverage or used any controlled | |
| 6512 | - | 201.11substance; or | |
| 6513 | - | 201.12 (9) when the person is under the influence of cannabis flower, a cannabis product, a | |
| 6514 | - | 201.13lower-potency hemp edible, a hemp-derived consumer product, an artificially derived | |
| 6515 | - | 201.14cannabinoid, or tetrahydrocannabinols, as those terms are defined in section 342.01. | |
| 6516 | - | 201.15 (b) If proven by a preponderance of the evidence, it shall be an affirmative defense to a | |
| 6517 | - | 201.16violation of paragraph (a), clause (7), that the defendant used the controlled substance | |
| 6518 | - | 201.17according to the terms of a prescription issued for the defendant in accordance with sections | |
| 6519 | - | 201.18152.11 and 152.12. | |
| 6520 | - | 201.19 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6521 | - | 201.20committed on or after that date. | |
| 6522 | - | 201.21Sec. 37. Minnesota Statutes 2022, section 609.135, subdivision 1, is amended to read: | |
| 6523 | - | 201.22 Subdivision 1.Terms and conditions.(a) Except when a sentence of life imprisonment | |
| 6524 | - | 201.23is required by law, or when a mandatory minimum sentence is required by section 609.11, | |
| 6525 | - | 201.24any court may stay imposition or execution of sentence and: | |
| 6526 | - | 201.25 (1) may order intermediate sanctions without placing the defendant on probation; or | |
| 6527 | - | 201.26 (2) may place the defendant on probation with or without supervision and on the terms | |
| 6528 | - | 201.27the court prescribes, including intermediate sanctions when practicable. The court may order | |
| 6529 | - | 201.28the supervision to be under the probation officer of the court, or, if there is none and the | |
| 6530 | - | 201.29conviction is for a felony or gross misdemeanor, by the commissioner of corrections, or in | |
| 6531 | - | 201.30any case by some other suitable and consenting person. Unless the court directs otherwise, | |
| 6532 | - | 201.31state parole and probation agents and probation officers may impose community work | |
| 6533 | - | 201Article 4 Sec. 37. | |
| 6534 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 202.1service or probation violation sanctions, consistent with section 243.05, subdivision 1; | |
| 6535 | - | 202.2sections 244.196 to 244.199; or 401.02, subdivision 5. | |
| 6536 | - | 202.3 No intermediate sanction may be ordered performed at a location that fails to observe | |
| 6537 | - | 202.4applicable requirements or standards of chapter 181A or 182, or any rule promulgated under | |
| 6538 | - | 202.5them. | |
| 6539 | - | 202.6 (b) For purposes of this subdivision, subdivision 6, and section 609.14, the term | |
| 6540 | - | 202.7"intermediate sanctions" includes but is not limited to incarceration in a local jail or | |
| 6541 | - | 202.8workhouse, home detention, electronic monitoring, intensive probation, sentencing to service, | |
| 6542 | - | 202.9reporting to a day reporting center, chemical dependency or mental health treatment or | |
| 6543 | - | 202.10counseling, restitution, fines, day-fines, community work service, work service in a restorative | |
| 6544 | - | 202.11justice program, work in lieu of or to work off fines and, with the victim's consent, work in | |
| 6545 | - | 202.12lieu of or to work off restitution. | |
| 6546 | - | 202.13 (c) A court may not stay the revocation of the driver's license of a person convicted of | |
| 6547 | - | 202.14violating the provisions of section 169A.20. | |
| 6548 | - | 202.15 (d) If the court orders a fine, day-fine, or restitution as an intermediate sanction, payment | |
| 6549 | - | 202.16is due on the date imposed unless the court otherwise establishes a due date or a payment | |
| 6550 | - | 202.17plan. | |
| 6551 | - | 202.18 (e) The court may prohibit a defendant from using adult-use cannabis flower as defined | |
| 6552 | - | 202.19in section 342.01, subdivision 4, or adult-use cannabis products as defined in section 342.01, | |
| 6553 | - | 202.20subdivision 2, if the defendant undergoes a chemical use assessment and abstinence is | |
| 6554 | - | 202.21consistent with a recommended level of care for the defendant in accordance with the criteria | |
| 6555 | - | 202.22under section 254B.04, subdivision 4. The assessment must be conducted by an assessor | |
| 6556 | - | 202.23qualified under section 245G.11, subdivisions 1 and 5. | |
| 6557 | - | 202.24 (f) A court shall not impose an intermediate sanction that has the effect of prohibiting | |
| 6558 | - | 202.25a person from participating in the registry program as defined in section 342.01, subdivision | |
| 6559 | - | 202.2663. | |
| 6560 | - | 202.27 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to sentences | |
| 6561 | - | 202.28ordered on or after that date. | |
| 6562 | - | 202.29Sec. 38. Minnesota Statutes 2022, section 609.2111, is amended to read: | |
| 6563 | - | 202.30 609.2111 DEFINITIONS. | |
| 6564 | - | 202.31 (a) For purposes of sections 609.2111 to 609.2114, the terms defined in this subdivision | |
| 6565 | - | 202.32have the meanings given them. | |
| 6566 | - | 202Article 4 Sec. 38. | |
| 6567 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 203.1 (b) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, and includes | |
| 6568 | - | 203.2attached trailers. | |
| 6569 | - | 203.3 (c) "Controlled substance" has the meaning given in section 152.01, subdivision 4. | |
| 6570 | - | 203.4 (d) "Intoxicating substance" has the meaning given in section 169A.03, subdivision 11a. | |
| 6571 | - | 203.5 (e) "Qualified prior driving offense" includes a prior conviction: | |
| 6572 | - | 203.6 (1) for a violation of section 169A.20 under the circumstances described in section | |
| 6573 | - | 203.7169A.24 or 169A.25; | |
| 6574 | - | 203.8 (2) under section 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); 609.2113, | |
| 6575 | - | 203.9subdivision 1, clauses (2) to (6); 2, clauses (2) to (6); or 3, clauses (2) to (6); or 609.2114, | |
| 6576 | - | 203.10subdivision 1, paragraph (a), clauses (2) to (6); or 2, clauses (2) to (6); | |
| 6577 | - | 203.11 (3) under Minnesota Statutes 2012, section 609.21, subdivision 1, clauses (2) to (6); or | |
| 6578 | - | 203.12 (4) under Minnesota Statutes 2006, section 609.21, subdivision 1, clauses (2) to (6); 2, | |
| 6579 | - | 203.13clauses (2) to (6); 2a, clauses (2) to (6); 2b, clauses (2) to (6); 3, clauses (2) to (6); or 4, | |
| 6580 | - | 203.14clauses (2) to (6). | |
| 6581 | - | 203.15 (f) "Artificially derived cannabinoid" has the meaning given in section 342.01, subdivision | |
| 6582 | - | 203.166. | |
| 6583 | - | 203.17 (g) "Cannabis flower" has the meaning given in section 342.01, subdivision 16. | |
| 6584 | - | 203.18 (h) "Cannabis product" has the meaning given in section 342.01, subdivision 20. | |
| 6585 | - | 203.19 (i) "Hemp-derived consumer product" has the meaning given in section 342.01, | |
| 6586 | - | 203.20subdivision 37. | |
| 6587 | - | 203.21 (j) "Lower-potency hemp edible" has the meaning given in section 342.01, subdivision | |
| 6588 | - | 203.2250. | |
| 6589 | - | 203.23 EFFECTIVE DATE.This section is effective August 1, 2023. | |
| 6590 | - | 203.24Sec. 39. Minnesota Statutes 2022, section 609.2112, subdivision 1, is amended to read: | |
| 6591 | - | 203.25 Subdivision 1.Criminal vehicular homicide.(a) Except as provided in paragraph (b), | |
| 6592 | - | 203.26a person is guilty of criminal vehicular homicide and may be sentenced to imprisonment | |
| 6593 | - | 203.27for not more than ten years or to payment of a fine of not more than $20,000, or both, if the | |
| 6594 | - | 203.28person causes the death of a human being not constituting murder or manslaughter as a | |
| 6595 | - | 203.29result of operating a motor vehicle: | |
| 6596 | - | 203.30 (1) in a grossly negligent manner; | |
| 6597 | - | 203Article 4 Sec. 39. | |
| 6598 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 204.1 (2) in a negligent manner while under the influence of: | |
| 6599 | - | 204.2 (i) alcohol; | |
| 6600 | - | 204.3 (ii) a controlled substance; or | |
| 6601 | - | 204.4 (iii) cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived | |
| 6602 | - | 204.5consumer product, artificially derived cannabinoids, or tetrahydrocannabinols; or | |
| 6603 | - | 204.6 (iii) (iv) any combination of those elements; | |
| 6604 | - | 204.7 (3) while having an alcohol concentration of 0.08 or more; | |
| 6605 | - | 204.8 (4) while having an alcohol concentration of 0.08 or more, as measured within two hours | |
| 6606 | - | 204.9of the time of driving; | |
| 6607 | - | 204.10 (5) in a negligent manner while under the influence of an intoxicating substance and the | |
| 6608 | - | 204.11person knows or has reason to know that the substance has the capacity to cause impairment; | |
| 6609 | - | 204.12 (6) in a negligent manner while any amount of a controlled substance listed in Schedule | |
| 6610 | - | 204.13I or II, or its metabolite, other than marijuana cannabis flower, a cannabis product, a | |
| 6611 | - | 204.14lower-potency hemp edible, a hemp-derived consumer product, artificially derived | |
| 6612 | - | 204.15cannabinoids, or tetrahydrocannabinols, is present in the person's body; | |
| 6613 | - | 204.16 (7) where the driver who causes the collision leaves the scene of the collision in violation | |
| 6614 | - | 204.17of section 169.09, subdivision 1 or 6; or | |
| 6615 | - | 204.18 (8) where the driver had actual knowledge that a peace officer had previously issued a | |
| 6616 | - | 204.19citation or warning that the motor vehicle was defectively maintained, the driver had actual | |
| 6617 | - | 204.20knowledge that remedial action was not taken, the driver had reason to know that the defect | |
| 6618 | - | 204.21created a present danger to others, and the death was caused by the defective maintenance. | |
| 6619 | - | 204.22 (b) If a person is sentenced under paragraph (a) for a violation under paragraph (a), | |
| 6620 | - | 204.23clauses (2) to (6), occurring within ten years of a qualified prior driving offense, the statutory | |
| 6621 | - | 204.24maximum sentence of imprisonment is 15 years. | |
| 6622 | - | 204.25 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6623 | - | 204.26committed on or after that date. | |
| 6624 | - | 204.27Sec. 40. Minnesota Statutes 2022, section 609.2113, subdivision 1, is amended to read: | |
| 6625 | - | 204.28 Subdivision 1.Great bodily harm.A person is guilty of criminal vehicular operation | |
| 6626 | - | 204.29resulting in great bodily harm and may be sentenced to imprisonment for not more than five | |
| 6627 | - | 204.30years or to payment of a fine of not more than $10,000, or both, if the person causes great | |
| 6628 | - | 204Article 4 Sec. 40. | |
| 6629 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 205.1bodily harm to another not constituting attempted murder or assault as a result of operating | |
| 6630 | - | 205.2a motor vehicle: | |
| 6631 | - | 205.3 (1) in a grossly negligent manner; | |
| 6632 | - | 205.4 (2) in a negligent manner while under the influence of: | |
| 6633 | - | 205.5 (i) alcohol; | |
| 6634 | - | 205.6 (ii) a controlled substance; or | |
| 6635 | - | 205.7 (iii) cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived | |
| 6636 | - | 205.8consumer product, artificially derived cannabinoids, or tetrahydrocannabinols; or | |
| 6637 | - | 205.9 (iii) (iv) any combination of those elements; | |
| 6638 | - | 205.10 (3) while having an alcohol concentration of 0.08 or more; | |
| 6639 | - | 205.11 (4) while having an alcohol concentration of 0.08 or more, as measured within two hours | |
| 6640 | - | 205.12of the time of driving; | |
| 6641 | - | 205.13 (5) in a negligent manner while under the influence of an intoxicating substance and the | |
| 6642 | - | 205.14person knows or has reason to know that the substance has the capacity to cause impairment; | |
| 6643 | - | 205.15 (6) in a negligent manner while any amount of a controlled substance listed in Schedule | |
| 6644 | - | 205.16I or II, or its metabolite, other than marijuana cannabis flower, a cannabis product, a | |
| 6645 | - | 205.17lower-potency hemp edible, a hemp-derived consumer product, artificially derived | |
| 6646 | - | 205.18cannabinoids, or tetrahydrocannabinols, is present in the person's body; | |
| 6647 | - | 205.19 (7) where the driver who causes the accident leaves the scene of the accident in violation | |
| 6648 | - | 205.20of section 169.09, subdivision 1 or 6; or | |
| 6649 | - | 205.21 (8) where the driver had actual knowledge that a peace officer had previously issued a | |
| 6650 | - | 205.22citation or warning that the motor vehicle was defectively maintained, the driver had actual | |
| 6651 | - | 205.23knowledge that remedial action was not taken, the driver had reason to know that the defect | |
| 6652 | - | 205.24created a present danger to others, and the injury was caused by the defective maintenance. | |
| 6653 | - | 205.25 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6654 | - | 205.26committed on or after that date. | |
| 6655 | - | 205.27Sec. 41. Minnesota Statutes 2022, section 609.2113, subdivision 2, is amended to read: | |
| 6656 | - | 205.28 Subd. 2.Substantial bodily harm.A person is guilty of criminal vehicular operation | |
| 6657 | - | 205.29resulting in substantial bodily harm and may be sentenced to imprisonment for not more | |
| 6658 | - | 205.30than three years or to payment of a fine of not more than $10,000, or both, if the person | |
| 6659 | - | 205.31causes substantial bodily harm to another as a result of operating a motor vehicle: | |
| 6660 | - | 205Article 4 Sec. 41. | |
| 6661 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 206.1 (1) in a grossly negligent manner; | |
| 6662 | - | 206.2 (2) in a negligent manner while under the influence of: | |
| 6663 | - | 206.3 (i) alcohol; | |
| 6664 | - | 206.4 (ii) a controlled substance; or | |
| 6665 | - | 206.5 (iii) cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived | |
| 6666 | - | 206.6consumer product, artificially derived cannabinoids, or tetrahydrocannabinols; or | |
| 6667 | - | 206.7 (iii) (iv) any combination of those elements; | |
| 6668 | - | 206.8 (3) while having an alcohol concentration of 0.08 or more; | |
| 6669 | - | 206.9 (4) while having an alcohol concentration of 0.08 or more, as measured within two hours | |
| 6670 | - | 206.10of the time of driving; | |
| 6671 | - | 206.11 (5) in a negligent manner while under the influence of an intoxicating substance and the | |
| 6672 | - | 206.12person knows or has reason to know that the substance has the capacity to cause impairment; | |
| 6673 | - | 206.13 (6) in a negligent manner while any amount of a controlled substance listed in Schedule | |
| 6674 | - | 206.14I or II, or its metabolite, other than marijuana cannabis flower, a cannabis product, a | |
| 6675 | - | 206.15lower-potency hemp edible, a hemp-derived consumer product, artificially derived | |
| 6676 | - | 206.16cannabinoids, or tetrahydrocannabinols, is present in the person's body; | |
| 6677 | - | 206.17 (7) where the driver who causes the accident leaves the scene of the accident in violation | |
| 6678 | - | 206.18of section 169.09, subdivision 1 or 6; or | |
| 6679 | - | 206.19 (8) where the driver had actual knowledge that a peace officer had previously issued a | |
| 6680 | - | 206.20citation or warning that the motor vehicle was defectively maintained, the driver had actual | |
| 6681 | - | 206.21knowledge that remedial action was not taken, the driver had reason to know that the defect | |
| 6682 | - | 206.22created a present danger to others, and the injury was caused by the defective maintenance. | |
| 6683 | - | 206.23 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6684 | - | 206.24committed on or after that date. | |
| 6685 | - | 206.25Sec. 42. Minnesota Statutes 2022, section 609.2113, subdivision 3, is amended to read: | |
| 6686 | - | 206.26 Subd. 3.Bodily harm.A person is guilty of criminal vehicular operation resulting in | |
| 6687 | - | 206.27bodily harm and may be sentenced to imprisonment for not more than one year or to payment | |
| 6688 | - | 206.28of a fine of not more than $3,000, or both, if the person causes bodily harm to another as a | |
| 6689 | - | 206.29result of operating a motor vehicle: | |
| 6690 | - | 206.30 (1) in a grossly negligent manner; | |
| 6691 | - | 206Article 4 Sec. 42. | |
| 6692 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 207.1 (2) in a negligent manner while under the influence of: | |
| 6693 | - | 207.2 (i) alcohol; | |
| 6694 | - | 207.3 (ii) a controlled substance; or | |
| 6695 | - | 207.4 (iii) cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived | |
| 6696 | - | 207.5consumer product, artificially derived cannabinoids, or tetrahydrocannabinols; or | |
| 6697 | - | 207.6 (iii) (iv) any combination of those elements; | |
| 6698 | - | 207.7 (3) while having an alcohol concentration of 0.08 or more; | |
| 6699 | - | 207.8 (4) while having an alcohol concentration of 0.08 or more, as measured within two hours | |
| 6700 | - | 207.9of the time of driving; | |
| 6701 | - | 207.10 (5) in a negligent manner while under the influence of an intoxicating substance and the | |
| 6702 | - | 207.11person knows or has reason to know that the substance has the capacity to cause impairment; | |
| 6703 | - | 207.12 (6) in a negligent manner while any amount of a controlled substance listed in Schedule | |
| 6704 | - | 207.13I or II, or its metabolite, other than marijuana cannabis flower, a cannabis product, a | |
| 6705 | - | 207.14lower-potency hemp edible, a hemp-derived consumer product, artificially derived | |
| 6706 | - | 207.15cannabinoids, or tetrahydrocannabinols, is present in the person's body; | |
| 6707 | - | 207.16 (7) where the driver who causes the accident leaves the scene of the accident in violation | |
| 6708 | - | 207.17of section 169.09, subdivision 1 or 6; or | |
| 6709 | - | 207.18 (8) where the driver had actual knowledge that a peace officer had previously issued a | |
| 6710 | - | 207.19citation or warning that the motor vehicle was defectively maintained, the driver had actual | |
| 6711 | - | 207.20knowledge that remedial action was not taken, the driver had reason to know that the defect | |
| 6712 | - | 207.21created a present danger to others, and the injury was caused by the defective maintenance. | |
| 6713 | - | 207.22 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6714 | - | 207.23committed on or after that date. | |
| 6715 | - | 207.24Sec. 43. Minnesota Statutes 2022, section 609.2114, subdivision 1, is amended to read: | |
| 6716 | - | 207.25 Subdivision 1.Death to an unborn child.(a) Except as provided in paragraph (b), a | |
| 6717 | - | 207.26person is guilty of criminal vehicular operation resulting in death to an unborn child and | |
| 6718 | - | 207.27may be sentenced to imprisonment for not more than ten years or to payment of a fine of | |
| 6719 | - | 207.28not more than $20,000, or both, if the person causes the death of an unborn child as a result | |
| 6720 | - | 207.29of operating a motor vehicle: | |
| 6721 | - | 207.30 (1) in a grossly negligent manner; | |
| 6722 | - | 207.31 (2) in a negligent manner while under the influence of: | |
| 6723 | - | 207Article 4 Sec. 43. | |
| 6724 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 208.1 (i) alcohol; | |
| 6725 | - | 208.2 (ii) a controlled substance; or | |
| 6726 | - | 208.3 (iii) cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived | |
| 6727 | - | 208.4consumer product, artificially derived cannabinoids, or tetrahydrocannabinols; or | |
| 6728 | - | 208.5 (iii) (iv) any combination of those elements; | |
| 6729 | - | 208.6 (3) while having an alcohol concentration of 0.08 or more; | |
| 6730 | - | 208.7 (4) while having an alcohol concentration of 0.08 or more, as measured within two hours | |
| 6731 | - | 208.8of the time of driving; | |
| 6732 | - | 208.9 (5) in a negligent manner while under the influence of an intoxicating substance and the | |
| 6733 | - | 208.10person knows or has reason to know that the substance has the capacity to cause impairment; | |
| 6734 | - | 208.11 (6) in a negligent manner while any amount of a controlled substance listed in Schedule | |
| 6735 | - | 208.12I or II, or its metabolite, other than marijuana cannabis flower, a cannabis product, a | |
| 6736 | - | 208.13lower-potency hemp edible, a hemp-derived consumer product, artificially derived | |
| 6737 | - | 208.14cannabinoids, or tetrahydrocannabinols, is present in the person's body; | |
| 6738 | - | 208.15 (7) where the driver who causes the accident leaves the scene of the accident in violation | |
| 6739 | - | 208.16of section 169.09, subdivision 1 or 6; or | |
| 6740 | - | 208.17 (8) where the driver had actual knowledge that a peace officer had previously issued a | |
| 6741 | - | 208.18citation or warning that the motor vehicle was defectively maintained, the driver had actual | |
| 6742 | - | 208.19knowledge that remedial action was not taken, the driver had reason to know that the defect | |
| 6743 | - | 208.20created a present danger to others, and the injury was caused by the defective maintenance. | |
| 6744 | - | 208.21 (b) If a person is sentenced under paragraph (a) for a violation under paragraph (a), | |
| 6745 | - | 208.22clauses (2) to (6), occurring within ten years of a qualified prior driving offense, the statutory | |
| 6746 | - | 208.23maximum sentence of imprisonment is 15 years. | |
| 6747 | - | 208.24 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6748 | - | 208.25committed on or after that date. | |
| 6749 | - | 208.26Sec. 44. Minnesota Statutes 2022, section 609.2114, subdivision 2, is amended to read: | |
| 6750 | - | 208.27 Subd. 2.Injury to an unborn child.A person is guilty of criminal vehicular operation | |
| 6751 | - | 208.28resulting in injury to an unborn child and may be sentenced to imprisonment for not more | |
| 6752 | - | 208.29than five years or to payment of a fine of not more than $10,000, or both, if the person | |
| 6753 | - | 208.30causes the great bodily harm to an unborn child subsequently born alive as a result of | |
| 6754 | - | 208.31operating a motor vehicle: | |
| 6755 | - | 208Article 4 Sec. 44. | |
| 6756 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 209.1 (1) in a grossly negligent manner; | |
| 6757 | - | 209.2 (2) in a negligent manner while under the influence of: | |
| 6758 | - | 209.3 (i) alcohol; | |
| 6759 | - | 209.4 (ii) a controlled substance; or | |
| 6760 | - | 209.5 (iii) cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived | |
| 6761 | - | 209.6consumer product, artificially derived cannabinoids, or tetrahydrocannabinols; or | |
| 6762 | - | 209.7 (iii) (iv) any combination of those elements; | |
| 6763 | - | 209.8 (3) while having an alcohol concentration of 0.08 or more; | |
| 6764 | - | 209.9 (4) while having an alcohol concentration of 0.08 or more, as measured within two hours | |
| 6765 | - | 209.10of the time of driving; | |
| 6766 | - | 209.11 (5) in a negligent manner while under the influence of an intoxicating substance and the | |
| 6767 | - | 209.12person knows or has reason to know that the substance has the capacity to cause impairment; | |
| 6768 | - | 209.13 (6) in a negligent manner while any amount of a controlled substance listed in Schedule | |
| 6769 | - | 209.14I or II, or its metabolite, other than marijuana cannabis flower, a cannabis product, a | |
| 6770 | - | 209.15lower-potency hemp edible, a hemp-derived consumer product, artificially derived | |
| 6771 | - | 209.16cannabinoids, or tetrahydrocannabinols, is present in the person's body; | |
| 6772 | - | 209.17 (7) where the driver who causes the accident leaves the scene of the accident in violation | |
| 6773 | - | 209.18of section 169.09, subdivision 1 or 6; or | |
| 6774 | - | 209.19 (8) where the driver had actual knowledge that a peace officer had previously issued a | |
| 6775 | - | 209.20citation or warning that the motor vehicle was defectively maintained, the driver had actual | |
| 6776 | - | 209.21knowledge that remedial action was not taken, the driver had reason to know that the defect | |
| 6777 | - | 209.22created a present danger to others, and the injury was caused by the defective maintenance. | |
| 6778 | - | 209.23 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6779 | - | 209.24committed on or after that date. | |
| 6780 | - | 209.25Sec. 45. Minnesota Statutes 2022, section 609.5311, subdivision 1, is amended to read: | |
| 6781 | - | 209.26 Subdivision 1.Controlled substances.All controlled substances that were manufactured, | |
| 6782 | - | 209.27distributed, dispensed, or acquired in violation of chapter 152 or 342 are subject to forfeiture | |
| 6783 | - | 209.28under this section, except as provided in subdivision 3 and section 609.5316. | |
| 6784 | - | 209.29 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to violations | |
| 6785 | - | 209.30committed on or after that date. | |
| 6786 | - | 209Article 4 Sec. 45. | |
| 6787 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 210.1Sec. 46. Minnesota Statutes 2022, section 609.5314, subdivision 1, is amended to read: | |
| 6788 | - | 210.2 Subdivision 1.Property subject to administrative forfeiture.(a) The following are | |
| 6789 | - | 210.3subject to administrative forfeiture under this section: | |
| 6790 | - | 210.4 (1) all money totaling $1,500 or more, precious metals, and precious stones that there | |
| 6791 | - | 210.5is probable cause to believe represent the proceeds of a controlled substance offense; | |
| 6792 | - | 210.6 (2) all money found in proximity to controlled substances when there is probable cause | |
| 6793 | - | 210.7to believe that the money was exchanged for the purchase of a controlled substance; | |
| 6794 | - | 210.8 (3) all conveyance devices containing controlled substances with a retail value of $100 | |
| 6795 | - | 210.9or more if there is probable cause to believe that the conveyance device was used in the | |
| 6796 | - | 210.10transportation or exchange of a controlled substance intended for distribution or sale; and | |
| 6797 | - | 210.11 (4) all firearms, ammunition, and firearm accessories found: | |
| 6798 | - | 210.12 (i) in a conveyance device used or intended for use to commit or facilitate the commission | |
| 6799 | - | 210.13of a felony offense involving a controlled substance; | |
| 6800 | - | 210.14 (ii) on or in proximity to a person from whom a felony amount of controlled substance | |
| 6801 | - | 210.15is seized; or | |
| 6802 | - | 210.16 (iii) on the premises where a controlled substance is seized and in proximity to the | |
| 6803 | - | 210.17controlled substance, if possession or sale of the controlled substance would be a felony | |
| 6804 | - | 210.18under chapter 152. | |
| 6805 | - | 210.19 (b) The Department of Corrections Fugitive Apprehension Unit shall not seize items | |
| 6806 | - | 210.20listed in paragraph (a), clauses (3) and (4), for the purposes of forfeiture. | |
| 6807 | - | 210.21 (c) Money is the property of an appropriate agency and may be seized and recovered by | |
| 6808 | - | 210.22the appropriate agency if: | |
| 6809 | - | 210.23 (1) the money is used by an appropriate agency, or furnished to a person operating on | |
| 6810 | - | 210.24behalf of an appropriate agency, to purchase or attempt to purchase a controlled substance; | |
| 6811 | - | 210.25and | |
| 6812 | - | 210.26 (2) the appropriate agency records the serial number or otherwise marks the money for | |
| 6813 | - | 210.27identification. | |
| 6814 | - | 210.28 (d) As used in this section, "money" means United States currency and coin; the currency | |
| 6815 | - | 210.29and coin of a foreign country; a bank check, cashier's check, or traveler's check; a prepaid | |
| 6816 | - | 210.30credit card; cryptocurrency; or a money order. | |
| 6817 | - | 210Article 4 Sec. 46. | |
| 6818 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 211.1 (e) As used in this section, "controlled substance" does not include cannabis flower as | |
| 6819 | - | 211.2defined in section 342.01, subdivision 15, cannabis products as defined in section 342.01, | |
| 6820 | - | 211.3subdivision 19, hemp-derived consumer products as defined in section 342.01, subdivision | |
| 6821 | - | 211.435, or lower-potency hemp edibles as defined in section 342.01, subdivision 48. | |
| 6822 | - | 211.5 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6823 | - | 211.6committed on or after that date. | |
| 6824 | - | 211.7Sec. 47. Minnesota Statutes 2022, section 609.5316, subdivision 2, is amended to read: | |
| 6825 | - | 211.8 Subd. 2.Controlled substances.(a) Controlled substances listed in Schedule I that are | |
| 6826 | - | 211.9possessed, transferred, sold, or offered for sale in violation of chapter 152 or 342, are | |
| 6827 | - | 211.10contraband and must be seized and summarily forfeited. Controlled substances listed in | |
| 6828 | - | 211.11Schedule I that are seized or come into the possession of peace officers, the owners of which | |
| 6829 | - | 211.12are unknown, are contraband and must be summarily forfeited. | |
| 6830 | - | 211.13 (b) Species of plants from which controlled substances in Schedules I and II may be | |
| 6831 | - | 211.14derived that have been planted or cultivated in violation of chapter 152 or of which the | |
| 6832 | - | 211.15owners or cultivators are unknown, or that are wild growths, may be seized and summarily | |
| 6833 | - | 211.16forfeited to the state. The appropriate agency or its authorized agent may seize the plants if | |
| 6834 | - | 211.17the person in occupancy or in control of land or premises where the plants are growing or | |
| 6835 | - | 211.18being stored fails to produce an appropriate registration or proof that the person is the holder | |
| 6836 | - | 211.19of appropriate registration. | |
| 6837 | - | 211.20 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6838 | - | 211.21committed on or after that date. | |
| 6839 | - | 211.22Sec. 48. Minnesota Statutes 2022, section 624.7142, subdivision 1, is amended to read: | |
| 6840 | - | 211.23 Subdivision 1.Acts prohibited.A person may not carry a pistol on or about the person's | |
| 6841 | - | 211.24clothes or person in a public place: | |
| 6842 | - | 211.25 (1) when the person is under the influence of a controlled substance, as defined in section | |
| 6843 | - | 211.26152.01, subdivision 4; | |
| 6844 | - | 211.27 (2) when the person is under the influence of a combination of any two or more of the | |
| 6845 | - | 211.28elements named in clauses (1) and, (4), and (7); | |
| 6846 | - | 211.29 (3) when the person is under the influence of an intoxicating substance as defined in | |
| 6847 | - | 211.30section 169A.03, subdivision 11a, and the person knows or has reason to know that the | |
| 6848 | - | 211.31substance has the capacity to cause impairment; | |
| 6849 | - | 211Article 4 Sec. 48. | |
| 6850 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 212.1 (4) when the person is under the influence of alcohol; | |
| 6851 | - | 212.2 (5) when the person's alcohol concentration is 0.10 or more; or | |
| 6852 | - | 212.3 (6) when the person's alcohol concentration is less than 0.10, but more than 0.04; or | |
| 6853 | - | 212.4 (7) when the person is under the influence of cannabis flower, a cannabis product, a | |
| 6854 | - | 212.5lower-potency hemp edible, a hemp-derived consumer product, an artificially derived | |
| 6855 | - | 212.6cannabinoid, or tetrahydrocannabinols, as those terms are defined in section 342.01. | |
| 6856 | - | 212.7 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6857 | - | 212.8committed on or after that date. | |
| 6858 | - | 212.9Sec. 49. DWI CONTROLLED SUBSTANCE ROADSIDE TESTING INSTRUMENT | |
| 6859 | - | 212.10PILOT PROJECT; REPORT REQUIRED. | |
| 6860 | - | 212.11 (a) The commissioner of public safety must design, plan, and implement a pilot project | |
| 6861 | - | 212.12to study oral fluid roadside testing instruments to determine the presence of a controlled | |
| 6862 | - | 212.13substance or intoxicating substance in individuals stopped or arrested for driving while | |
| 6863 | - | 212.14impaired offenses. The pilot project must determine the practicality, accuracy, and efficacy | |
| 6864 | - | 212.15of these testing instruments and determine and make recommendations on the best instrument | |
| 6865 | - | 212.16or instruments to pursue in the future. | |
| 6866 | - | 212.17 (b) The pilot project must begin on September 1, 2023, and continue until August 31, | |
| 6867 | - | 212.182024. | |
| 6868 | - | 212.19 (c) The commissioner must consult with law enforcement officials, prosecutors, criminal | |
| 6869 | - | 212.20defense attorneys, and other interested and knowledgeable parties when designing, | |
| 6870 | - | 212.21implementing, and evaluating the pilot project. | |
| 6871 | - | 212.22 (d) All oral fluid samples obtained for the purpose of this pilot project must be obtained | |
| 6872 | - | 212.23by a certified drug recognition evaluator and may only be collected with the express voluntary | |
| 6873 | - | 212.24consent of the person stopped or arrested for suspicion of driving while impaired. Results | |
| 6874 | - | 212.25of tests conducted under the pilot project are to be used for the purpose of analyzing the | |
| 6875 | - | 212.26practicality, accuracy, and efficacy of the instrument. Results may not be used to decide | |
| 6876 | - | 212.27whether an arrest should be made and are not admissible in any legal proceeding. | |
| 6877 | - | 212.28 (e) By February 1, 2025, the commissioner must report to the chairs and ranking minority | |
| 6878 | - | 212.29members of the legislative committees with jurisdiction over public safety on the results of | |
| 6879 | - | 212.30the pilot project. At a minimum, the report must include information on how accurate the | |
| 6880 | - | 212.31instruments were when tested against laboratory results, how often participants were found | |
| 6881 | - | 212.32to have controlled substances or intoxicating substances in their systems, how often there | |
| 6882 | - | 212Article 4 Sec. 49. | |
| 6883 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 213.1was commingling of controlled substances or intoxicating substances with alcohol, the types | |
| 6884 | - | 213.2of controlled substances or intoxicating substances found in participants' systems and which | |
| 6885 | - | 213.3types were most common, and the number of participants in the project. In addition, the | |
| 6886 | - | 213.4report must assess the practicality and reliability of using the instruments in the field and | |
| 6887 | - | 213.5make recommendations on continuing the project permanently. | |
| 6888 | - | 213.6 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 6889 | - | 213.7 ARTICLE 5 | |
| 6890 | - | 213.8 EXPUNGEMENT | |
| 6891 | - | 213.9Section 1. Minnesota Statutes 2022, section 609A.01, is amended to read: | |
| 6892 | - | 213.10 609A.01 EXPUNGEMENT OF CRIMINAL RECORDS. | |
| 6893 | - | 213.11 This chapter provides the grounds and procedures for expungement of criminal records | |
| 6894 | - | 213.12under section 13.82; 152.18, subdivision 1; 299C.11, where a petition is authorized under | |
| 6895 | - | 213.13section 609A.02, subdivision 3; expungement is automatic under section 609A.055; | |
| 6896 | - | 213.14expungement is considered by a panel under section 609A.06; or other applicable law. The | |
| 6897 | - | 213.15remedy available is limited to a court order sealing the records and prohibiting the disclosure | |
| 6898 | - | 213.16of their existence or their opening except under court order or statutory authority. Nothing | |
| 6899 | - | 213.17in this chapter authorizes the destruction of records or their return to the subject of the | |
| 6900 | - | 213.18records. | |
| 6901 | - | 213.19 EFFECTIVE DATE.This section is effective August 1, 2023. | |
| 6902 | - | 213.20Sec. 2. [609A.055] AUTOMATIC EXPUNGEMENT OF CERTAIN CANNABIS | |
| 6903 | - | 213.21OFFENSES. | |
| 6904 | - | 213.22 Subdivision 1.Eligibility; dismissal, exoneration, or conviction of nonfelony cannabis | |
| 6905 | - | 213.23offenses.(a) A person is eligible for expungement: | |
| 6906 | - | 213.24 (1) upon the dismissal and discharge of proceedings against a person under section | |
| 6907 | - | 213.25152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027; | |
| 6908 | - | 213.26 (2) if the person was convicted of or received a stayed sentence for a violation of section | |
| 6909 | - | 213.27152.027, subdivision 3 or 4; | |
| 6910 | - | 213.28 (3) if the person was arrested and all charges were dismissed prior to a determination | |
| 6911 | - | 213.29of probable cause for charges under section 152.021, subdivision 2, paragraph (a), clause | |
| 6912 | - | 213.30(6); 152.022, subdivision 2, paragraph (a), clause (6); 152.023, subdivision 2, paragraph | |
| 6913 | - | 213Article 5 Sec. 2. | |
| 6914 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 214.1(a), clause (5); 152.024, subdivision 2, clause (2); 152.025, subdivision 2, clause (1); or | |
| 6915 | - | 214.2152.027, subdivision 3 or 4; or | |
| 6916 | - | 214.3 (4) if all pending actions or proceedings were resolved in favor of the person for charges | |
| 6917 | - | 214.4under section 152.021, subdivision 2, paragraph (a), clause (6); 152.022, subdivision 2, | |
| 6918 | - | 214.5paragraph (a), clause (6); 152.023, subdivision 2, paragraph (a), clause (5); 152.024, | |
| 6919 | - | 214.6subdivision 2, clause (2); 152.025, subdivision 2, clause (1); or 152.027, subdivision 3 or | |
| 6920 | - | 214.74. | |
| 6921 | - | 214.8 (b) For purposes of this section: | |
| 6922 | - | 214.9 (1) a verdict of not guilty by reason of mental illness is not a resolution in favor of the | |
| 6923 | - | 214.10person; and | |
| 6924 | - | 214.11 (2) an action or proceeding is resolved in favor of the person if the person received an | |
| 6925 | - | 214.12order under section 590.11 determining that the person is eligible for compensation based | |
| 6926 | - | 214.13on exoneration. | |
| 6927 | - | 214.14 Subd. 2.Bureau of Criminal Apprehension to identify eligible individuals.(a) The | |
| 6928 | - | 214.15Bureau of Criminal Apprehension shall identify bureau records that qualify for expungement | |
| 6929 | - | 214.16pursuant to subdivision 1. | |
| 6930 | - | 214.17 (b) The Bureau of Criminal Apprehension shall notify the judicial branch of: | |
| 6931 | - | 214.18 (1) the name and date of birth of each person whose case is eligible for an order of | |
| 6932 | - | 214.19expungement; and | |
| 6933 | - | 214.20 (2) the court file number of the eligible case. | |
| 6934 | - | 214.21 Subd. 3.Expungement relief; notification requirements.(a) The Bureau of Criminal | |
| 6935 | - | 214.22Apprehension shall grant expungement relief to each qualifying person whose records the | |
| 6936 | - | 214.23bureau possesses and seal the bureau's records without requiring an application, petition, | |
| 6937 | - | 214.24or motion. The bureau shall seal records related to an expungement within 60 days after the | |
| 6938 | - | 214.25bureau sent notice of the expungement to the judicial branch pursuant to subdivision 2, | |
| 6939 | - | 214.26paragraph (b), unless an order of the judicial branch prohibits sealing the records or additional | |
| 6940 | - | 214.27information establishes that the records are not eligible for expungement. | |
| 6941 | - | 214.28 (b) Nonpublic criminal records maintained by the bureau and subject to a grant of | |
| 6942 | - | 214.29expungement relief must display a notation stating "expungement relief granted pursuant | |
| 6943 | - | 214.30to section 609A.055." | |
| 6944 | - | 214.31 (c) The bureau shall inform the judicial branch of all cases that are granted expungement | |
| 6945 | - | 214.32relief pursuant to this section. The bureau may notify the judicial branch using electronic | |
| 6946 | - | 214Article 5 Sec. 2. | |
| 6947 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 215.1means and may notify the judicial branch immediately or in a monthly report. Upon receiving | |
| 6948 | - | 215.2notice of an expungement, the judicial branch shall seal all related records, including records | |
| 6949 | - | 215.3of the person's arrest, indictment, trial, verdict, and dismissal or discharge of the case. Upon | |
| 6950 | - | 215.4receiving notice of an expungement, the judicial branch shall issue any order necessary to | |
| 6951 | - | 215.5seal related records. The judicial branch shall not order the Department of Health or the | |
| 6952 | - | 215.6Department of Human Services to seal records under this section. | |
| 6953 | - | 215.7 (d) The bureau shall inform each arresting or citing law enforcement agency or | |
| 6954 | - | 215.8prosecutorial office with records affected by the grant of expungement relief issued pursuant | |
| 6955 | - | 215.9to paragraph (a) that expungement has been granted. The bureau shall notify each agency | |
| 6956 | - | 215.10or office of an expungement within 60 days after the bureau sent notice of the expungement | |
| 6957 | - | 215.11to the judicial branch. The bureau may notify each agency or office using electronic means. | |
| 6958 | - | 215.12Upon receiving notification of an expungement, an agency or office shall seal all records | |
| 6959 | - | 215.13related to the expungement, including the records of the person's arrest, indictment, trial, | |
| 6960 | - | 215.14verdict, and dismissal or discharge of the case. | |
| 6961 | - | 215.15 (e) The bureau shall provide information on its publicly facing website clearly stating | |
| 6962 | - | 215.16that persons who are noncitizens may need copies of records affected by a grant of | |
| 6963 | - | 215.17expungement relief for immigration purposes, explaining how they can obtain these copies | |
| 6964 | - | 215.18after expungement or other granted relief, and stating that a noncitizen should consult with | |
| 6965 | - | 215.19an immigration attorney. | |
| 6966 | - | 215.20 (f) Data on a person whose offense has been expunged under this subdivision, including | |
| 6967 | - | 215.21any notice sent pursuant to paragraph (d), are private data on individuals as defined in section | |
| 6968 | - | 215.2213.02, subdivision 12. | |
| 6969 | - | 215.23 (g) Section 609A.03, subdivision 6, applies to an order issued under this section sealing | |
| 6970 | - | 215.24the record of proceedings under section 152.18. | |
| 6971 | - | 215.25 (h) The limitations under section 609A.03, subdivision 7a, paragraph (b), do not apply | |
| 6972 | - | 215.26to an order issued under this section. | |
| 6973 | - | 215.27 (i) The subject whose record qualifies for expungement shall be given access to copies | |
| 6974 | - | 215.28of the records of arrest, conviction, or incarceration for any purposes, including immigration | |
| 6975 | - | 215.29purposes. | |
| 6976 | - | 215.30 (j) Relief granted under this subdivision shall not impact the ability of a petitioner to | |
| 6977 | - | 215.31file for relief under section 590.01. | |
| 6978 | - | 215.32 Subd. 4.Immunity from civil liability.The Department of Public Safety, commissioner | |
| 6979 | - | 215.33of public safety, Bureau of Criminal Apprehension, superintendent of the Bureau of Criminal | |
| 6980 | - | 215Article 5 Sec. 2. | |
| 6981 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 216.1Apprehension, and all employees of the Bureau of Criminal Apprehension shall not be held | |
| 6982 | - | 216.2civilly liable when acting in good faith to exercise the powers granted by this section or for | |
| 6983 | - | 216.3acts or omissions occurring within the scope of the performance of their duties under this | |
| 6984 | - | 216.4section. | |
| 6985 | - | 216.5 Subd. 5.Report.The Bureau of Criminal Apprehension shall issue a report to the | |
| 6986 | - | 216.6legislative committees and divisions with jurisdiction over public safety policy and finance | |
| 6987 | - | 216.7upon completion of the work required under subdivision 2. The report shall contain summary | |
| 6988 | - | 216.8data and must include the total number of expungements granted by the Bureau of Criminal | |
| 6989 | - | 216.9Apprehension. | |
| 6990 | - | 216.10 EFFECTIVE DATE.This section is effective August 1, 2023. | |
| 6991 | - | 216.11Sec. 3. [609A.06] EXPUNGEMENT AND RESENTENCING OF FELONY | |
| 6992 | - | 216.12CANNABIS OFFENSES. | |
| 6993 | - | 216.13 Subdivision 1.Cannabis Expungement Board.(a) The Cannabis Expungement Board | |
| 6994 | - | 216.14is created with the powers and duties established by law. | |
| 6995 | - | 216.15 (b) The Cannabis Expungement Board is composed of the following members: | |
| 6996 | - | 216.16 (1) the chief justice of the supreme court or a designee; | |
| 6997 | - | 216.17 (2) the attorney general or a designee; | |
| 6998 | - | 216.18 (3) one public defender, appointed by the governor upon recommendation of the state | |
| 6999 | - | 216.19public defender; | |
| 7000 | - | 216.20 (4) the commissioner of corrections or a designee; and | |
| 7001 | - | 216.21 (5) one public member with relevant experience, appointed by the governor. | |
| 7002 | - | 216.22 (c) In appointing the public member described in paragraph (b), clause (5), the governor | |
| 7003 | - | 216.23shall prioritize appointment of an individual with experience as an advocate for victim's | |
| 7004 | - | 216.24rights. | |
| 7005 | - | 216.25 (d) Subject to the notice requirements in section 15.0575, subdivision 4, a member may | |
| 7006 | - | 216.26be removed by the appointing authority at any time (1) for cause, after notice and hearing, | |
| 7007 | - | 216.27or (2) after missing three consecutive meetings. Vacancies shall be filled by the appointing | |
| 7008 | - | 216.28authority. | |
| 7009 | - | 216.29 (e) Members are eligible for compensation pursuant to section 15.0575, subdivision 3. | |
| 7010 | - | 216.30 (f) The Cannabis Expungement Board shall have the following powers and duties: | |
| 7011 | - | 216Article 5 Sec. 3. | |
| 7012 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 217.1 (1) to obtain and review the records, including but not limited to all matters, files, | |
| 7013 | - | 217.2documents, and papers incident to the arrest, indictment, information, trial, appeal, or | |
| 7014 | - | 217.3dismissal and discharge, which relate to a charge for sale or possession of a controlled | |
| 7015 | - | 217.4substance; | |
| 7016 | - | 217.5 (2) to determine whether a person committed an act involving the sale or possession of | |
| 7017 | - | 217.6cannabis flower or cannabinoid products that would either be a lesser offense or no longer | |
| 7018 | - | 217.7be a crime after August 1, 2023; | |
| 7019 | - | 217.8 (3) to determine whether a person's conviction should be vacated, charges should be | |
| 7020 | - | 217.9dismissed, and records should be expunged, or whether the person should be resentenced | |
| 7021 | - | 217.10to a lesser offense; | |
| 7022 | - | 217.11 (4) to identify violations of section 152.027, subdivisions 3 and 4, that were not | |
| 7023 | - | 217.12automatically expunged pursuant to section 609A.055; and | |
| 7024 | - | 217.13 (5) to notify the judicial branch of individuals eligible for an expungement or resentencing | |
| 7025 | - | 217.14to a lesser offense. | |
| 7026 | - | 217.15 (g) The Cannabis Expungement Board shall determine when it has completed its work. | |
| 7027 | - | 217.16 Subd. 2.Executive director.(a) The governor must appoint the initial executive director | |
| 7028 | - | 217.17of the Cannabis Expungement Board. The executive director must be knowledgeable about | |
| 7029 | - | 217.18expungement law and criminal justice. The executive director serves at the pleasure of the | |
| 7030 | - | 217.19board in the unclassified service as an executive branch employee. Any vacancy shall be | |
| 7031 | - | 217.20filled by the board. | |
| 7032 | - | 217.21 (b) The executive director's salary is set in accordance with section 15A.0815, subdivision | |
| 7033 | - | 217.223. | |
| 7034 | - | 217.23 (c) The executive director may obtain office space and supplies and hire administrative | |
| 7035 | - | 217.24staff necessary to carry out the board's official functions, including providing administrative | |
| 7036 | - | 217.25support to the board and attending board meetings. Any additional staff serve in the classified | |
| 7037 | - | 217.26service. | |
| 7038 | - | 217.27 (d) At the direction of the board, the executive director may enter into interagency | |
| 7039 | - | 217.28agreements with the Department of Corrections or any other agency to obtain material and | |
| 7040 | - | 217.29personnel support necessary to carry out the board's mandates, policies, activities, and | |
| 7041 | - | 217.30objectives. | |
| 7042 | - | 217.31 Subd. 3.Eligibility; cannabis offense.(a) A person is eligible for an expungement or | |
| 7043 | - | 217.32resentencing to a lesser offense if: | |
| 7044 | - | 217Article 5 Sec. 3. | |
| 7045 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 218.1 (1) the person was convicted of, or adjudication was stayed for, a violation of any of the | |
| 7046 | - | 218.2following involving the sale or possession of marijuana or tetrahydrocannabinols: | |
| 7047 | - | 218.3 (i) section 152.021, subdivision 1, clause (6); | |
| 7048 | - | 218.4 (ii) section 152.021, subdivision 2, clause (6); | |
| 7049 | - | 218.5 (iii) section 152.022, subdivision 1, clause (5), or clause (7), item (iii); | |
| 7050 | - | 218.6 (iv) section 152.022, subdivision 2, clause (6); | |
| 7051 | - | 218.7 (v) section 152.023, subdivision 1, clause (5); | |
| 7052 | - | 218.8 (vi) section 152.023, subdivision 2, clause (5); | |
| 7053 | - | 218.9 (vii) section 152.024, subdivision (4); or | |
| 7054 | - | 218.10 (viii) section 152.025, subdivision 2, clause (1); | |
| 7055 | - | 218.11 (2) the offense did not involve a dangerous weapon, the intentional infliction of bodily | |
| 7056 | - | 218.12harm on another, an attempt to inflict bodily harm on another, or an act committed with the | |
| 7057 | - | 218.13intent to cause fear in another of immediate bodily harm or death; | |
| 7058 | - | 218.14 (3) the act on which the charge was based would either be a lesser offense or no longer | |
| 7059 | - | 218.15be a crime after August 1, 2023; and | |
| 7060 | - | 218.16 (4) the person did not appeal the conviction, any appeal was denied, or the deadline to | |
| 7061 | - | 218.17file an appeal has expired. | |
| 7062 | - | 218.18 (b) For purposes of this subdivision, a "lesser offense" means a nonfelony offense if the | |
| 7063 | - | 218.19person was charged with a felony. | |
| 7064 | - | 218.20 Subd. 4.Bureau of Criminal Apprehension to identify eligible records.(a) The | |
| 7065 | - | 218.21Bureau of Criminal Apprehension shall identify convictions and sentences where adjudication | |
| 7066 | - | 218.22was stayed that qualify for review under subdivision 3, paragraph (a), clause (1). | |
| 7067 | - | 218.23 (b) The Bureau of Criminal Apprehension shall notify the Cannabis Expungement Board | |
| 7068 | - | 218.24of: | |
| 7069 | - | 218.25 (1) the name and date of birth of a person whose record is eligible for review; and | |
| 7070 | - | 218.26 (2) the court file number of the eligible conviction or stay of adjudication. | |
| 7071 | - | 218.27 (c) For the purposes of identifying background studies records that may be expunged | |
| 7072 | - | 218.28or resentenced, the Bureau of Criminal Apprehension shall share the information provided | |
| 7073 | - | 218.29to the Cannabis Expungement Board under paragraph (b) with the Department of Human | |
| 7074 | - | 218Article 5 Sec. 3. | |
| 7075 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 219.1Services. The Bureau of Criminal Apprehension and the Department of Human Services | |
| 7076 | - | 219.2shall consult about the form and manner of information sharing. | |
| 7077 | - | 219.3 Subd. 5.Access to records.Notwithstanding chapter 13 or any law to the contrary, the | |
| 7078 | - | 219.4Cannabis Expungement Board shall have free access to records, including but not limited | |
| 7079 | - | 219.5to all matters, files, documents, and papers incident to the arrest, indictment, information, | |
| 7080 | - | 219.6trial, appeal, or dismissal and discharge that relate to a charge and conviction or stay of | |
| 7081 | - | 219.7adjudication for sale or possession of a controlled substance held by law enforcement | |
| 7082 | - | 219.8agencies, prosecuting authorities, and court administrators. The Cannabis Expungement | |
| 7083 | - | 219.9Board may issue subpoenas for and compel the production of books, records, accounts, | |
| 7084 | - | 219.10documents, and papers. If any person fails or refuses to produce any books, records, accounts, | |
| 7085 | - | 219.11documents, or papers material in the matter under consideration after having been lawfully | |
| 7086 | - | 219.12required by order or subpoena, any judge of the district court in any county of the state | |
| 7087 | - | 219.13where the order or subpoena was made returnable, on application of the commissioner of | |
| 7088 | - | 219.14management and budget or commissioner of administration, as the case may be, shall compel | |
| 7089 | - | 219.15obedience or punish disobedience as for contempt, as in the case of disobedience of a similar | |
| 7090 | - | 219.16order or subpoena issued by such court. | |
| 7091 | - | 219.17 Subd. 6.Meetings; anonymous identifier.(a) The Cannabis Expungement Board shall | |
| 7092 | - | 219.18hold meetings at least monthly and shall hold a meeting whenever the board takes formal | |
| 7093 | - | 219.19action on a review of a conviction or stay of adjudication for an offense involving the sale | |
| 7094 | - | 219.20or possession of marijuana or tetrahydrocannabinols. All board meetings shall be open to | |
| 7095 | - | 219.21the public and subject to chapter 13D. | |
| 7096 | - | 219.22 (b) Any victim of a crime being reviewed and any law enforcement agency may submit | |
| 7097 | - | 219.23an oral or written statement at the meeting, giving a recommendation on whether a person's | |
| 7098 | - | 219.24record should be expunged or the person should be resentenced to a lesser offense. The | |
| 7099 | - | 219.25board must consider the victim's and the law enforcement agency's statement when making | |
| 7100 | - | 219.26the board's decision. | |
| 7101 | - | 219.27 (c) Section 13D.05 governs the board's treatment of not public data, as defined by section | |
| 7102 | - | 219.2813.02, subdivision 8a, discussed at open meetings of the board. Notwithstanding section | |
| 7103 | - | 219.2913.03, subdivision 11, the board shall assign an anonymous, unique identifier to each victim | |
| 7104 | - | 219.30of a crime and person whose conviction or stay of adjudication the board reviews. The | |
| 7105 | - | 219.31identifier shall be used in any discussion in a meeting open to the public and on any records | |
| 7106 | - | 219.32available to the public to protect the identity of the person whose records are being | |
| 7107 | - | 219.33considered. | |
| 7108 | - | 219Article 5 Sec. 3. | |
| 7109 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 220.1 Subd. 7.Review and determination.(a) The Cannabis Expungement Board shall review | |
| 7110 | - | 220.2all available records to determine whether the conviction or stay of adjudication is eligible | |
| 7111 | - | 220.3for an expungement or resentencing to a lesser offense. An expungement under this section | |
| 7112 | - | 220.4is presumed to be in the public interest unless there is clear and convincing evidence that | |
| 7113 | - | 220.5an expungement or resentencing to a lesser offense would create a risk to public safety. | |
| 7114 | - | 220.6 (b) If the Cannabis Expungement Board determines that an expungement is in the public | |
| 7115 | - | 220.7interest, the board shall determine whether a person's conviction should be vacated and | |
| 7116 | - | 220.8charges should be dismissed. | |
| 7117 | - | 220.9 (c) If the Cannabis Expungement Board determines that an expungement is in the public | |
| 7118 | - | 220.10interest, the board shall determine whether the limitations under section 609A.03, subdivision | |
| 7119 | - | 220.115a, apply. | |
| 7120 | - | 220.12 (d) If the Cannabis Expungement Board determines that an expungement is in the public | |
| 7121 | - | 220.13interest, the board shall determine whether the limitations under section 609A.03, subdivision | |
| 7122 | - | 220.147a, paragraph (b), clause (5), apply. | |
| 7123 | - | 220.15 (e) If the Cannabis Expungement Board determines that an expungement is not in the | |
| 7124 | - | 220.16public interest, the board shall determine whether the person is eligible for resentencing to | |
| 7125 | - | 220.17a lesser offense. | |
| 7126 | - | 220.18 (f) In making a determination under this subdivision, the Cannabis Expungement Board | |
| 7127 | - | 220.19shall consider: | |
| 7128 | - | 220.20 (1) the nature and severity of the underlying crime, including but not limited to the total | |
| 7129 | - | 220.21amount of marijuana or tetrahydrocannabinols possessed by the person and whether the | |
| 7130 | - | 220.22offense involved a dangerous weapon, the intentional infliction of bodily harm on another, | |
| 7131 | - | 220.23an attempt to inflict bodily harm on another, or an act committed with the intent to cause | |
| 7132 | - | 220.24fear in another of immediate bodily harm or death; | |
| 7133 | - | 220.25 (2) whether an expungement or resentencing the person a lesser offense would increase | |
| 7134 | - | 220.26the risk, if any, the person poses to other individuals or society; | |
| 7135 | - | 220.27 (3) if the person is under sentence, whether an expungement or resentencing to a lesser | |
| 7136 | - | 220.28offense would result in the release of the person and whether release earlier than the date | |
| 7137 | - | 220.29that the person would be released under the sentence currently being served would present | |
| 7138 | - | 220.30a danger to the public or would be compatible with the welfare of society; | |
| 7139 | - | 220.31 (4) aggravating or mitigating factors relating to the underlying crime, including the | |
| 7140 | - | 220.32person's level of participation and the context and circumstances of the underlying crime; | |
| 7141 | - | 220.33 (5) statements from victims and law enforcement, if any; | |
| 7142 | - | 220Article 5 Sec. 3. | |
| 7143 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 221.1 (6) if an expungement or resentencing the person to a lesser offense is considered, | |
| 7144 | - | 221.2whether there is good cause to restore the person's right to possess firearms and ammunition; | |
| 7145 | - | 221.3 (7) if an expungement is considered, whether an expunged record of a conviction or stay | |
| 7146 | - | 221.4of adjudication may be opened for purposes of a background check required under section | |
| 7147 | - | 221.5122A.18, subdivision 8; and | |
| 7148 | - | 221.6 (8) other factors deemed relevant by the Cannabis Expungement Board. | |
| 7149 | - | 221.7 (g) In making a determination under this subdivision, the Cannabis Expungement Board | |
| 7150 | - | 221.8shall not consider the impact the expungement would have on the offender based on any | |
| 7151 | - | 221.9records held by the Department of Health or Human Services. | |
| 7152 | - | 221.10 (h) The affirmative vote of three members is required for action taken at any meeting. | |
| 7153 | - | 221.11 Subd. 8.Identification of eligible misdemeanor and petty misdemeanor records.The | |
| 7154 | - | 221.12board shall identify violations of section 152.027, subdivisions 3 and 4, that were not | |
| 7155 | - | 221.13automatically expunged pursuant to section 609A.055. Pursuant to subdivision 10, the board | |
| 7156 | - | 221.14shall notify the judicial branch that any identified records are eligible for expungement. | |
| 7157 | - | 221.15 Subd. 9.Annual report.Until the board completes its work, the board shall issue a | |
| 7158 | - | 221.16report by January 15 of each year to the legislative committees and divisions with jurisdiction | |
| 7159 | - | 221.17over public safety policy and finance on the board's work. The report shall contain summary | |
| 7160 | - | 221.18data and must include: | |
| 7161 | - | 221.19 (1) the total number of cases reviewed in the previous year; | |
| 7162 | - | 221.20 (2) the total number of cases in which the board determined that an expungement is in | |
| 7163 | - | 221.21the public interest; | |
| 7164 | - | 221.22 (3) the total number of cases in which the board determined that resentencing to a lesser | |
| 7165 | - | 221.23offense is appropriate, the original sentence in those cases, and the lesser offense | |
| 7166 | - | 221.24recommended by the board; | |
| 7167 | - | 221.25 (4) the total number of cases in which the board determined that no change to the original | |
| 7168 | - | 221.26sentence was appropriate; and | |
| 7169 | - | 221.27 (5) the total number of cases remaining to be reviewed. | |
| 7170 | - | 221.28 Subd. 10.Notice to judicial branch and offenders.(a) The Cannabis Expungement | |
| 7171 | - | 221.29Board shall identify any conviction or stay of adjudication that qualifies for an order of | |
| 7172 | - | 221.30expungement or resentencing to a lesser offense and notify the judicial branch of: | |
| 7173 | - | 221.31 (1) the name and date of birth of a person whose conviction or stay of adjudication is | |
| 7174 | - | 221.32eligible for an order of expungement or resentencing to a lesser offense; | |
| 7175 | - | 221Article 5 Sec. 3. | |
| 7176 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 222.1 (2) the court file number of the eligible conviction or stay of adjudication; | |
| 7177 | - | 222.2 (3) whether the person is eligible for an expungement; | |
| 7178 | - | 222.3 (4) if the person is eligible for an expungement, whether the person's conviction should | |
| 7179 | - | 222.4be vacated and charges should be dismissed; | |
| 7180 | - | 222.5 (5) if the person is eligible for an expungement, whether there is good cause to restore | |
| 7181 | - | 222.6the offender's right to possess firearms and ammunition; | |
| 7182 | - | 222.7 (6) if the person is eligible for an expungement, whether the limitations under section | |
| 7183 | - | 222.8609A.03, subdivision 7a, paragraph (b), clause (5), apply; and | |
| 7184 | - | 222.9 (7) if the person is eligible for resentencing to a lesser offense, the lesser sentence to be | |
| 7185 | - | 222.10imposed. | |
| 7186 | - | 222.11 (b) The Cannabis Expungement Board shall make a reasonable and good faith effort to | |
| 7187 | - | 222.12notify any person whose conviction or stay of adjudication qualifies for an order of | |
| 7188 | - | 222.13expungement that the offense qualifies and notice is being sent to the judicial branch. Notice | |
| 7189 | - | 222.14sent pursuant to this paragraph shall inform the person that, following the order of | |
| 7190 | - | 222.15expungement, any records of an arrest, conviction, or incarceration should not appear on | |
| 7191 | - | 222.16any background check or study. | |
| 7192 | - | 222.17 Subd. 11.Data classification.All data collected, created, received, maintained, or | |
| 7193 | - | 222.18disseminated by the Cannabis Expungement Board in which each victim of a crime and | |
| 7194 | - | 222.19person whose conviction or stay of adjudication that the Cannabis Expungement Board | |
| 7195 | - | 222.20reviews is or can be identified as the subject of the data is classified as private data on | |
| 7196 | - | 222.21individuals, as defined in section 13.02, subdivision 12. | |
| 7197 | - | 222.22 Subd. 12.Order of expungement.(a) Upon receiving notice that an offense qualifies | |
| 7198 | - | 222.23for expungement, the court shall issue an order sealing all records relating to an arrest, | |
| 7199 | - | 222.24indictment or information, trial, verdict, or dismissal and discharge for an offense described | |
| 7200 | - | 222.25in subdivision 3. The courts shall not order the Department of Health or Human Services | |
| 7201 | - | 222.26to seal records under this section. If the Cannabis Expungement Board determined that the | |
| 7202 | - | 222.27person's conviction should be vacated and charges should be dismissed, the order shall | |
| 7203 | - | 222.28vacate and dismiss the charges. | |
| 7204 | - | 222.29 (b) If the Cannabis Expungement Board determined that there is good cause to restore | |
| 7205 | - | 222.30the person's right to possess firearms and ammunition, the court shall issue an order pursuant | |
| 7206 | - | 222.31to section 609.165, subdivision 1d. | |
| 7207 | - | 222.32 (c) If the Cannabis Expungement Board determined that an expunged record of a | |
| 7208 | - | 222.33conviction or stay of adjudication may not be opened for purposes of a background check | |
| 7209 | - | 222Article 5 Sec. 3. | |
| 7210 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 223.1required under section 122A.18, subdivision 8, the court shall direct the order specifically | |
| 7211 | - | 223.2to the Professional Educator Licensing and Standards Board. | |
| 7212 | - | 223.3 (d) The court administrator shall send a copy of an expungement order issued under this | |
| 7213 | - | 223.4section to each agency and jurisdiction whose records are affected by the terms of the order | |
| 7214 | - | 223.5and send a letter to the last known address of the person whose offense has been expunged | |
| 7215 | - | 223.6identifying each agency to which the order was sent. | |
| 7216 | - | 223.7 (e) In consultation with the commissioner of human services, the court shall establish a | |
| 7217 | - | 223.8schedule on which it shall provide the commissioner of human services a list identifying | |
| 7218 | - | 223.9the name and court file number or, if no court file number is available, the citation number | |
| 7219 | - | 223.10of each record for a person who received an expungement under this section. | |
| 7220 | - | 223.11 (f) Data on the person whose offense has been expunged in a letter sent under this | |
| 7221 | - | 223.12subdivision are private data on individuals as defined in section 13.02, subdivision 12. | |
| 7222 | - | 223.13 Subd. 13.Resentencing.(a) If the Cannabis Expungement Board determined that a | |
| 7223 | - | 223.14person is eligible for resentencing to a lesser offense and the person is currently under | |
| 7224 | - | 223.15sentence, the court shall proceed as if the appellate court directed a reduction of the conviction | |
| 7225 | - | 223.16to an offense of lesser degree pursuant to rule 28.02, subdivision 12, of the Rules of Criminal | |
| 7226 | - | 223.17Procedure. | |
| 7227 | - | 223.18 (b) If the Cannabis Expungement Board determined that a person is eligible for | |
| 7228 | - | 223.19resentencing to a lesser offense and the person completed or has been discharged from the | |
| 7229 | - | 223.20sentence, the court may issue an order amending the conviction to an offense of lesser degree | |
| 7230 | - | 223.21without holding a hearing. | |
| 7231 | - | 223.22 (c) If the Cannabis Expungement Board determined that there is good cause to restore | |
| 7232 | - | 223.23the person's right to possess firearms and ammunition, the court shall, as necessary, issue | |
| 7233 | - | 223.24an order pursuant to section 609.165, subdivision 1d. | |
| 7234 | - | 223.25 (d) In consultation with the commissioner of human services, the court shall establish | |
| 7235 | - | 223.26a schedule on which it shall provide the commissioner of human services a list identifying | |
| 7236 | - | 223.27the name and court file number or, if no court file number is available, the citation number | |
| 7237 | - | 223.28of each record for a person who was resentenced under this section. | |
| 7238 | - | 223.29 EFFECTIVE DATE.This section is effective August 1, 2023. | |
| 7239 | - | 223.30Sec. 4. PROCUREMENT . | |
| 7240 | - | 223.31 To the extent practicable, the commissioner of public safety must comply with the | |
| 7241 | - | 223.32requirements of Minnesota Statutes, chapter 16C. The commissioner of administration may | |
| 7242 | - | 223Article 5 Sec. 4. | |
| 7243 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 224.1waive the application of any provision of Minnesota Statutes, chapter 16C, on a case by | |
| 7244 | - | 224.2case basis if the commissioner of public safety demonstrates that full compliance with that | |
| 7245 | - | 224.3chapter would be impractical given the effective date or other deadlines established by this | |
| 7246 | - | 224.4act related to the responsibilities established under Minnesota Statutes, section 609A.055. | |
| 7247 | - | 224.5 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 7248 | - | 224.6Sec. 5. TRANSITION PERIOD. | |
| 7249 | - | 224.7 Beginning August 1, 2023, through March 1, 2024, the Department of Corrections must | |
| 7250 | - | 224.8provide the Cannabis Expungement Board with administrative assistance, technical | |
| 7251 | - | 224.9assistance, office space, and other assistance necessary for the board to carry out its duties | |
| 7252 | - | 224.10under Minnesota Statutes, section 609A.06. The Cannabis Expungement Board shall | |
| 7253 | - | 224.11reimburse the Department of Corrections for the services and space provided. | |
| 7254 | - | 224.12 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 7255 | - | 224.13 ARTICLE 6 | |
| 7256 | - | 224.14 MISCELLANEOUS PROVISIONS | |
| 7257 | - | 224.15Section 1. [3.9224] MEDICAL CANNABIS; COMPACTS TO BE NEGOTIATED. | |
| 7258 | - | 224.16 Subdivision 1.Definitions.(a) As used in this section, the following terms have the | |
| 7259 | - | 224.17meanings given. | |
| 7260 | - | 224.18 (b) "Medical cannabis law" or "medical cannabis program" means the regulatory | |
| 7261 | - | 224.19framework for cultivation, production, distribution, and sale of cannabis to qualifying | |
| 7262 | - | 224.20patients for therapeutic use in the treatment of a qualifying condition. | |
| 7263 | - | 224.21 (c) "Medical cannabis flower" means cannabis flower approved for sale under the medical | |
| 7264 | - | 224.22cannabis law of a Minnesota Tribal government or under a compact entered into under this | |
| 7265 | - | 224.23section. | |
| 7266 | - | 224.24 (d) "Medical cannabis product" means a cannabis product approved for sale under the | |
| 7267 | - | 224.25medical cannabis law of a Minnesota Tribal government or under a compact entered into | |
| 7268 | - | 224.26under this section. | |
| 7269 | - | 224.27 (e) "Medical cannabis business" means a medical cannabis cultivator, processor, or | |
| 7270 | - | 224.28retailer. | |
| 7271 | - | 224.29 (f) "Medical cannabis industry" means every item, product, person, process, action, | |
| 7272 | - | 224.30business, or other thing or activity related to medical cannabis flower or medical cannabis | |
| 7273 | - | 224Article 6 Section 1. | |
| 7274 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 225.1products and subject to regulation under the law of a Minnesota Tribal government or under | |
| 7275 | - | 225.2a compact entered into under this section. | |
| 7276 | - | 225.3 (g) "Cannabis product" means any of the following: | |
| 7277 | - | 225.4 (1) cannabis concentrate; | |
| 7278 | - | 225.5 (2) a product infused with cannabinoids (whether artificially derived, or extracted or | |
| 7279 | - | 225.6derived from cannabis plants or cannabis flower) including but not limited to | |
| 7280 | - | 225.7tetrahydrocannabinol; or | |
| 7281 | - | 225.8 (3) any other product that contains cannabis concentrate. | |
| 7282 | - | 225.9 (h) "Minnesota Tribal governments" means the following federally recognized Indian | |
| 7283 | - | 225.10Tribes located in Minnesota: | |
| 7284 | - | 225.11 (1) Bois Forte Band; | |
| 7285 | - | 225.12 (2) Fond Du Lac Band; | |
| 7286 | - | 225.13 (3) Grand Portage Band; | |
| 7287 | - | 225.14 (4) Leech Lake Band; | |
| 7288 | - | 225.15 (5) Mille Lacs Band; | |
| 7289 | - | 225.16 (6) White Earth Band; | |
| 7290 | - | 225.17 (7) Red Lake Nation; | |
| 7291 | - | 225.18 (8) Lower Sioux Indian Community; | |
| 7292 | - | 225.19 (9) Prairie Island Indian Community; | |
| 7293 | - | 225.20 (10) Shakopee Mdewakanton Sioux Community; and | |
| 7294 | - | 225.21 (11) Upper Sioux Indian Community. | |
| 7295 | - | 225.22 (i) "Tribal medical cannabis business" means a medical cannabis business licensed by | |
| 7296 | - | 225.23a Minnesota Tribal government, including the business categories identified in paragraph | |
| 7297 | - | 225.24(d), as well as any others that may be provided under the law of a Minnesota Tribal | |
| 7298 | - | 225.25government. | |
| 7299 | - | 225.26 (j) "Tribally regulated land" means: | |
| 7300 | - | 225.27 (1) all land held in trust by the United States for the benefit of a Minnesota Tribal | |
| 7301 | - | 225.28government ("trust land"); | |
| 7302 | - | 225.29 (2) all land held by a Minnesota Tribal government in restricted fee status; and | |
| 7303 | - | 225Article 6 Section 1. | |
| 7304 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 226.1 (3) all land within the exterior boundaries of the reservation of a Minnesota Tribal | |
| 7305 | - | 226.2government that is subject to the civil regulatory jurisdiction of the Tribal government. For | |
| 7306 | - | 226.3the purposes of this section, land that is subject to the civil regulatory jurisdiction of the | |
| 7307 | - | 226.4Tribal government includes: | |
| 7308 | - | 226.5 (i) trust land, or fee land held (including leased land) by the Tribe, entities organized | |
| 7309 | - | 226.6under Tribal law, or individual Indians; and | |
| 7310 | - | 226.7 (ii) land held (including leased land) by non-Indian entities or individuals who consent | |
| 7311 | - | 226.8to the civil regulation of the Tribal government or are otherwise subject to such regulation | |
| 7312 | - | 226.9under federal law. | |
| 7313 | - | 226.10 Subd. 2.Acknowledgment and purpose; negotiations authorized.(a) The state of | |
| 7314 | - | 226.11Minnesota acknowledges the sovereign right of Minnesota Tribal governments to regulate | |
| 7315 | - | 226.12the medical cannabis industry and address other matters of cannabis regulation related to | |
| 7316 | - | 226.13the internal affairs of Minnesota Tribal governments or otherwise within their jurisdiction, | |
| 7317 | - | 226.14without regard to whether such Tribal government has entered a compact authorized by this | |
| 7318 | - | 226.15section. The purpose of this section is to provide for the negotiation of compacts to | |
| 7319 | - | 226.16proactively address jurisdictional issues related to the regulation of the medical cannabis | |
| 7320 | - | 226.17industry. The legislature finds that these agreements will facilitate and promote a cooperative | |
| 7321 | - | 226.18and mutually beneficial relationship between the state and the Tribes regarding the | |
| 7322 | - | 226.19legalization of cannabis. Such cooperative agreements will enhance public health and safety, | |
| 7323 | - | 226.20ensure a lawful and well-regulated medical cannabis market, encourage economic | |
| 7324 | - | 226.21development, and provide fiscal benefits to both Indian Tribes and the state. | |
| 7325 | - | 226.22 (b) The governor or his designee shall negotiate in good faith, and has the authority to | |
| 7326 | - | 226.23execute and bind the state to, a compact with any Minnesota Tribal government wishing to | |
| 7327 | - | 226.24enter into such a compact regulating medical cannabis flower and medical cannabis products. | |
| 7328 | - | 226.25 Subd. 3.Terms of compact; rights of parties.(a) A compact agreed to under this | |
| 7329 | - | 226.26section may address any issues related to the medical cannabis industry, including medical | |
| 7330 | - | 226.27cannabis flower, medical cannabis products, extracts, concentrates, and artificially derived | |
| 7331 | - | 226.28cannabinoids that affect the interest of both the state and Minnesota Tribal government or | |
| 7332 | - | 226.29otherwise have an impact on Tribal-state relations. Indian Tribes are not required to enter | |
| 7333 | - | 226.30into compacts pursuant to this section in order to: regulate the medical cannabis industry, | |
| 7334 | - | 226.31or engage in medical cannabis businesses or activities on Tribally regulated land or participate | |
| 7335 | - | 226.32as a licensee in the state's legal medical cannabis market. | |
| 7336 | - | 226.33 (b) The state shall not, as a condition for entering into a compact under this section: | |
| 7337 | - | 226Article 6 Section 1. | |
| 7338 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 227.1 (1) require any Minnesota Tribal government to waive any right, privilege, or immunity | |
| 7339 | - | 227.2based on their status as independent sovereigns; | |
| 7340 | - | 227.3 (2) require that any revenue generated by a medical cannabis business licensed by a | |
| 7341 | - | 227.4Minnesota Tribal government be subject to any state cannabis gross receipt taxes or state | |
| 7342 | - | 227.5and local sales or use taxes on sales of cannabis; | |
| 7343 | - | 227.6 (3) require any taxes collected by Minnesota Tribal governments to be shared in any | |
| 7344 | - | 227.7manner with the state or any subdivisions thereof; | |
| 7345 | - | 227.8 (4) require a Minnesota Tribal government to consent to state licensing of a medical | |
| 7346 | - | 227.9cannabis business on the Tribally regulated land of the Minnesota Tribal government; | |
| 7347 | - | 227.10 (5) require any Minnesota Tribal government or any medical cannabis business licensed | |
| 7348 | - | 227.11by a Minnesota Tribal government pursuant to a compact agreed to under this section to | |
| 7349 | - | 227.12comply with specific state law or regulations on Tribally regulated land; or | |
| 7350 | - | 227.13 (6) impose, or attempt to impose, and shall not require or attempt to require any Indian | |
| 7351 | - | 227.14Tribe to impose, any taxes, fees, assessments, and other charges related to the production, | |
| 7352 | - | 227.15processing, sale, purchase, distribution, or possession of medical cannabis flower and medical | |
| 7353 | - | 227.16cannabis products on Minnesota Tribal governments, or their members, on a reservation or | |
| 7354 | - | 227.17Tribally regulated land. | |
| 7355 | - | 227.18 (d) Compacts agreed to under this section may allow an exemption from any otherwise | |
| 7356 | - | 227.19applicable tax for: (i) sales to a Minnesota Tribal government, a Tribal medical cannabis | |
| 7357 | - | 227.20business, or Tribal members, of medical cannabis flower and cannabis products grown, | |
| 7358 | - | 227.21produced, or processed as provided for in said compacts; or, (ii) for activities of Tribal | |
| 7359 | - | 227.22medical cannabis businesses. | |
| 7360 | - | 227.23 Subd. 4.Civil and criminal immunities.(a) Without limiting any immunity or exemption | |
| 7361 | - | 227.24that may apply under federal law, the following acts, when performed by a Tribal medical | |
| 7362 | - | 227.25cannabis business or an employee in the course of their employment for a Tribal medical | |
| 7363 | - | 227.26cannabis business, pursuant to a compact entered into under this section, do not constitute | |
| 7364 | - | 227.27a criminal or civil offense under state law: | |
| 7365 | - | 227.28 (1) the cultivation of medical cannabis flower, and the extraction, processing, or | |
| 7366 | - | 227.29manufacture of medical cannabis and artificially derived cannabinoid products, extracts, or | |
| 7367 | - | 227.30concentrates; | |
| 7368 | - | 227.31 (2) the possession, purchase, and receipt of medical cannabis seed, flower, and medical | |
| 7369 | - | 227.32cannabis products that are properly packaged and labeled as authorized under a compact | |
| 7370 | - | 227Article 6 Section 1. | |
| 7371 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 228.1entered into pursuant to this section, and the sale, delivery, transport, or distribution of such | |
| 7372 | - | 228.2products to a licensed cannabis business; and | |
| 7373 | - | 228.3 (3) the delivery, distribution, and sale of medical cannabis seed, flower, and medical | |
| 7374 | - | 228.4cannabis products as authorized under a compact entered into pursuant to this section and | |
| 7375 | - | 228.5that takes place on or, originates from, the premises of a Tribal medical cannabis business | |
| 7376 | - | 228.6on Tribally regulated land, to any person eligible to participate in a medical cannabis program. | |
| 7377 | - | 228.7 (b) The following acts, when performed by a patron of a Tribal medical cannabis business | |
| 7378 | - | 228.8do not constitute a criminal or civil offense under state law: the purchase, possession, or | |
| 7379 | - | 228.9receipt of medical cannabis seed, flower, and medical cannabis products as authorized under | |
| 7380 | - | 228.10a compact entered into pursuant to this section. | |
| 7381 | - | 228.11 (c) Without limiting any immunity or exemption that may apply under federal law, | |
| 7382 | - | 228.12actions by a Tribal medical cannabis business, a Tribal member, employee, or agent of a | |
| 7383 | - | 228.13Minnesota Tribal government or Tribal medical cannabis business on Tribally regulated | |
| 7384 | - | 228.14land pursuant to Tribal laws governing cannabis, or a compact entered into under this section, | |
| 7385 | - | 228.15do not constitute a criminal or civil offense under state law. | |
| 7386 | - | 228.16 (d) The following acts, when performed by a state-licensed medical cannabis business, | |
| 7387 | - | 228.17or an employee of such business, and which would be permitted under the terms of the | |
| 7388 | - | 228.18applicable medical cannabis business license if undertaken with another state-licensed | |
| 7389 | - | 228.19medical cannabis business, are permitted under the state license conditions when undertaken | |
| 7390 | - | 228.20with a Tribal medical cannabis business and do not constitute a criminal or civil offense | |
| 7391 | - | 228.21under state law: the possession, purchase, wholesale and retail sale, delivery, transport, | |
| 7392 | - | 228.22distribution, and receipt of medical cannabis, seed, flower, and medical cannabis products | |
| 7393 | - | 228.23that are properly packaged and labeled as authorized under a compact entered into pursuant | |
| 7394 | - | 228.24to this section. | |
| 7395 | - | 228.25 (e) Without limiting any immunity or exemption that may apply under federal law, the | |
| 7396 | - | 228.26following acts, when performed by a Minnesota Tribal government, a Tribal medical cannabis | |
| 7397 | - | 228.27business licensed by such Tribal government, or an employee of such Tribal government | |
| 7398 | - | 228.28or Tribal medical cannabis business, regardless of whether the Minnesota Tribal government | |
| 7399 | - | 228.29issuing such license has compacted with the state under this section, do not constitute a | |
| 7400 | - | 228.30criminal or civil offense under state law: purchase, sale, receipt, or delivery (including | |
| 7401 | - | 228.31delivery that involves transit through the state, outside a reservation), of medical cannabis | |
| 7402 | - | 228.32flower, seed, and medical cannabis products from or to another Minnesota Tribal government | |
| 7403 | - | 228.33or cannabis business licensed by such government. | |
| 7404 | - | 228Article 6 Section 1. | |
| 7405 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 229.1 (f) Notwithstanding any other provision of law, a state-licensed cannabis testing facility | |
| 7406 | - | 229.2may provide cannabis testing services to a Tribal medical cannabis business, and the | |
| 7407 | - | 229.3possession or transport of cannabis flower or cannabis products for such purpose by a Tribal | |
| 7408 | - | 229.4cannabis business shall not constitute a criminal or civil offense under state law. | |
| 7409 | - | 229.5 Subd. 5.Publication.The governor shall post any compact entered into under this section | |
| 7410 | - | 229.6on a publicly accessible website. | |
| 7411 | - | 229.7 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 7412 | - | 229.8Sec. 2. [3.9228] ADULT-USE CANNABIS; COMPACTS TO BE NEGOTIATED. | |
| 7413 | - | 229.9 Subdivision 1.Definitions.(a) As used in this section, the following terms have the | |
| 7414 | - | 229.10meanings given. | |
| 7415 | - | 229.11 (b) "Adult-use cannabis flower" means cannabis flower approved for sale to adults under | |
| 7416 | - | 229.12the law of a Minnesota Tribal government or under a compact entered under this section. | |
| 7417 | - | 229.13 (c) "Adult-use cannabis product" means cannabis product approved for sale to adults | |
| 7418 | - | 229.14under the law of a Minnesota Tribal government or under a compact entered under this | |
| 7419 | - | 229.15section. | |
| 7420 | - | 229.16 (d) "Cannabis business" means a cannabis cultivator, manufacturer, retailer, wholesaler, | |
| 7421 | - | 229.17transporter, testing facility, microbusiness, mezzobusiness, event organizer, delivery service, | |
| 7422 | - | 229.18or lower potency hemp edible manufacturer or retailer. | |
| 7423 | - | 229.19 (e) "Cannabis industry" means every item, product, person, process, action, business, | |
| 7424 | - | 229.20or other thing or activity related to cannabis flower or cannabis products and subject to | |
| 7425 | - | 229.21regulation under the law of a Minnesota Tribal government or under a compact entered | |
| 7426 | - | 229.22under this section. | |
| 7427 | - | 229.23 (f) "Cannabis product" means any of the following: | |
| 7428 | - | 229.24 (1) cannabis concentrate; | |
| 7429 | - | 229.25 (2) a product infused with cannabinoids (whether artificially derived, or extracted or | |
| 7430 | - | 229.26derived from cannabis plants or cannabis flower) including but not limited to | |
| 7431 | - | 229.27tetrahydrocannabinol; or | |
| 7432 | - | 229.28 (3) any other product that contains cannabis concentrate. | |
| 7433 | - | 229.29 (g) "Minnesota Tribal governments" means the following federally recognized Indian | |
| 7434 | - | 229.30Tribes located in Minnesota: | |
| 7435 | - | 229.31 (1) Bois Forte Band; | |
| 7436 | - | 229Article 6 Sec. 2. | |
| 7437 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 230.1 (2) Fond Du Lac Band; | |
| 7438 | - | 230.2 (3) Grand Portage Band; | |
| 7439 | - | 230.3 (4) Leech Lake Band; | |
| 7440 | - | 230.4 (5) Mille Lacs Band; | |
| 7441 | - | 230.5 (6) White Earth Band; | |
| 7442 | - | 230.6 (7) Red Lake Nation; | |
| 7443 | - | 230.7 (8) Lower Sioux Indian Community; | |
| 7444 | - | 230.8 (9) Prairie Island Indian Community; | |
| 7445 | - | 230.9 (10) Shakopee Mdewakanton Sioux Community; and | |
| 7446 | - | 230.10 (11) Upper Sioux Indian Community. | |
| 7447 | - | 230.11 (h) "Tribal cannabis business" means a cannabis business licensed by a Minnesota Tribal | |
| 7448 | - | 230.12government, including the business categories identified in paragraph (d), as well as any | |
| 7449 | - | 230.13others that may be provided under the law of a Minnesota Tribal government. | |
| 7450 | - | 230.14 (i) "Tribally regulated land" means: | |
| 7451 | - | 230.15 (1) all land held in trust by the United States for the benefit of a Minnesota Tribal | |
| 7452 | - | 230.16government ("trust land"); | |
| 7453 | - | 230.17 (2) all land held by a Minnesota Tribal government in restricted fee status; and | |
| 7454 | - | 230.18 (3) all land within the exterior boundaries of the reservation of a Minnesota Tribal | |
| 7455 | - | 230.19government that is subject to the civil regulatory jurisdiction of the Tribal government. For | |
| 7456 | - | 230.20the purposes of this section, land that is subject to the civil regulatory jurisdiction of the | |
| 7457 | - | 230.21Tribal government includes: | |
| 7458 | - | 230.22 (i) trust land, or fee land held (including leased land) by the Tribe, entities organized | |
| 7459 | - | 230.23under Tribal law, or individual Indians; and | |
| 7460 | - | 230.24 (ii) land held (including leased land) by non-Indian entities or individuals who consent | |
| 7461 | - | 230.25to the civil regulation of the Tribal government or are otherwise subject to such regulation | |
| 7462 | - | 230.26under federal law. | |
| 7463 | - | 230.27 Subd. 2.Acknowledgment and purpose; negotiations authorized.(a) The state of | |
| 7464 | - | 230.28Minnesota acknowledges the sovereign right of Minnesota Tribal governments to regulate | |
| 7465 | - | 230.29the cannabis industry and address other matters of cannabis regulation related to the internal | |
| 7466 | - | 230.30affairs of Minnesota Tribal governments or otherwise within their jurisdiction, without | |
| 7467 | - | 230Article 6 Sec. 2. | |
| 7468 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 231.1regard to whether such Tribal government has entered a compact authorized by this section. | |
| 7469 | - | 231.2The purpose of this section is to provide for the negotiation of compacts to proactively | |
| 7470 | - | 231.3address jurisdictional issues related to the regulation of the cannabis industry. The legislature | |
| 7471 | - | 231.4finds that these agreements will facilitate and promote a cooperative and mutually beneficial | |
| 7472 | - | 231.5relationship between the state and the Tribes regarding the legalization of cannabis. Such | |
| 7473 | - | 231.6cooperative agreements will enhance public health and safety, ensure a lawful and | |
| 7474 | - | 231.7well-regulated cannabis market, encourage economic development, and provide fiscal | |
| 7475 | - | 231.8benefits to both Indian Tribes and the state. | |
| 7476 | - | 231.9 (b) The governor or his designee shall negotiate in good faith, and has the authority to | |
| 7477 | - | 231.10execute and bind the state to, a compact with any Minnesota Tribal government wishing to | |
| 7478 | - | 231.11enter into such compact regulating adult-use cannabis flower and adult-use cannabis products. | |
| 7479 | - | 231.12 Subd. 3.Terms of compact; rights of parties.(a) A compact agreed to under this | |
| 7480 | - | 231.13section may address any issues related to the cannabis industry including adult-use cannabis | |
| 7481 | - | 231.14flower, adult-use cannabis products, extracts, concentrates, and artificially derived | |
| 7482 | - | 231.15cannabinoids that affect the interest of both the state and Minnesota Tribal government or | |
| 7483 | - | 231.16otherwise have an impact on Tribal-state relations. Indian Tribes are not required to enter | |
| 7484 | - | 231.17into compacts pursuant to this section in order to: regulate the cannabis industry, or engage | |
| 7485 | - | 231.18in cannabis businesses or activities on Tribally regulated lands; or participate as a licensee | |
| 7486 | - | 231.19in the state's legal cannabis market. | |
| 7487 | - | 231.20 (b) The state shall not, as a condition for entering into a compact under this section: | |
| 7488 | - | 231.21 (1) require any Minnesota Tribal government to waive any right, privilege, or immunity | |
| 7489 | - | 231.22based on their status as independent sovereigns; | |
| 7490 | - | 231.23 (2) require that any revenue generated by cannabis businesses licensed by a Minnesota | |
| 7491 | - | 231.24Tribal government be subject to any state cannabis gross receipt taxes imposed under section | |
| 7492 | - | 231.25295.81 or state and local sales or use taxes on sales of cannabis; | |
| 7493 | - | 231.26 (3) require any taxes collected by Minnesota Tribal governments to be shared in any | |
| 7494 | - | 231.27manner with the state or any subdivisions thereof; | |
| 7495 | - | 231.28 (4) require a Minnesota Tribal government to consent to state licensing of cannabis | |
| 7496 | - | 231.29businesses on the Tribally regulated land of the Minnesota Tribal government; | |
| 7497 | - | 231.30 (5) require any Minnesota Tribal government, or any cannabis business licensed by a | |
| 7498 | - | 231.31Minnesota Tribal government pursuant to a compact agreed to under this section, to comply | |
| 7499 | - | 231.32with specific state law or regulations on Tribally regulated land; or | |
| 7500 | - | 231Article 6 Sec. 2. | |
| 7501 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 232.1 (6) impose, or attempt to impose, and shall not require or attempt to require any Indian | |
| 7502 | - | 232.2Tribe to impose, any taxes, fees, assessments, and other charges related to the production, | |
| 7503 | - | 232.3processing, sale, purchase, distribution, or possession of adult-use cannabis flower and | |
| 7504 | - | 232.4adult-use cannabis products on Minnesota Tribal governments, or their members, on a | |
| 7505 | - | 232.5reservation or Tribally regulated land. | |
| 7506 | - | 232.6 (d) Compacts agreed to under this section may allow an exemption from any otherwise | |
| 7507 | - | 232.7applicable tax for: (i) sales to a Minnesota Tribal government, a Tribal cannabis business, | |
| 7508 | - | 232.8or Tribal members, of cannabis flower and adult use cannabis products grown, produced, | |
| 7509 | - | 232.9or processed as provided for in said compacts; or, (ii) for activities of Tribal cannabis | |
| 7510 | - | 232.10businesses. | |
| 7511 | - | 232.11 Subd. 4.Civil and criminal immunities.(a) Without limiting any immunity or exemption | |
| 7512 | - | 232.12that may apply under federal law, the following acts, when performed by a Tribal cannabis | |
| 7513 | - | 232.13business or an employee in the course of their employment for a Tribal cannabis business, | |
| 7514 | - | 232.14pursuant to a compact entered into under this section, do not constitute a criminal or civil | |
| 7515 | - | 232.15offense under state law: | |
| 7516 | - | 232.16 (1) the cultivation of cannabis flower, and the extraction, processing, or manufacture of | |
| 7517 | - | 232.17adult-use cannabis and artificially derived cannabinoid products, extracts, or concentrates; | |
| 7518 | - | 232.18 (2) the possession, purchase, and receipt of adult-use cannabis seed, flower, and adult-use | |
| 7519 | - | 232.19cannabis products that are properly packaged and labeled as authorized under a compact | |
| 7520 | - | 232.20entered into pursuant to this section, and the sale, delivery, transport, or distribution of such | |
| 7521 | - | 232.21products to a licensed cannabis business; and | |
| 7522 | - | 232.22 (3) the delivery, distribution, and sale of adult-use cannabis seed, flower, and adult-use | |
| 7523 | - | 232.23cannabis products as authorized under a compact entered into pursuant to this section and | |
| 7524 | - | 232.24that takes place on, or originates from, the premises of a Tribal cannabis business on Tribally | |
| 7525 | - | 232.25regulated land, to any person 21 years of age or older. | |
| 7526 | - | 232.26 (b) The following acts, when performed by a patron of a Tribal cannabis business do | |
| 7527 | - | 232.27not constitute a criminal or civil offense under state law: the purchase, possession, or receipt | |
| 7528 | - | 232.28of adult-use cannabis seed, flower, and adult-use cannabis products as authorized under a | |
| 7529 | - | 232.29compact entered into pursuant to this section. | |
| 7530 | - | 232.30 (c) Without limiting any immunity or exemption that may apply under federal law, | |
| 7531 | - | 232.31actions by a Tribal cannabis business, a Tribal member, employee, or agent of a Minnesota | |
| 7532 | - | 232.32Tribal government or Tribal cannabis business on Tribally regulated land pursuant to Tribal | |
| 7533 | - | 232.33laws governing cannabis, or a compact entered into under this section, do not constitute a | |
| 7534 | - | 232.34criminal or civil offense under state law. | |
| 7535 | - | 232Article 6 Sec. 2. | |
| 7536 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 233.1 (d) The following acts, when performed by a state-licensed cannabis business, or an | |
| 7537 | - | 233.2employee of such business, and which would be permitted under the terms of the applicable | |
| 7538 | - | 233.3cannabis business license if undertaken with another state-licensed cannabis business, are | |
| 7539 | - | 233.4permitted under the state license conditions when undertaken with a Tribal cannabis business | |
| 7540 | - | 233.5and do not constitute a criminal or civil offense under state law: the possession, purchase, | |
| 7541 | - | 233.6wholesale and retail sale, delivery, transport, distribution, and receipt of adult-use cannabis, | |
| 7542 | - | 233.7seed, flower, and adult-use cannabis products that are properly packaged and labeled as | |
| 7543 | - | 233.8authorized under a compact entered into pursuant to this section. | |
| 7544 | - | 233.9 (e) Without limiting any immunity or exemption that may apply under federal law, the | |
| 7545 | - | 233.10following acts, when performed by a Minnesota Tribal government, a Tribal cannabis | |
| 7546 | - | 233.11business licensed by such Tribal government, or an employee of such Tribal government | |
| 7547 | - | 233.12or Tribal cannabis business, regardless of whether the Minnesota Tribal government issuing | |
| 7548 | - | 233.13such license has compacted with the state under this section, do not constitute a criminal or | |
| 7549 | - | 233.14civil offense under state law: purchase, sale, receipt, or delivery (including delivery that | |
| 7550 | - | 233.15involves transit through the state, outside a reservation), of adult-use cannabis flower, seed, | |
| 7551 | - | 233.16or adult-use cannabis product from or to another Minnesota Tribal government or cannabis | |
| 7552 | - | 233.17business licensed by such government. | |
| 7553 | - | 233.18 (f) Notwithstanding any other provision of law, a state-licensed cannabis testing facility | |
| 7554 | - | 233.19may provide cannabis testing services to a Tribal cannabis business, and the possession or | |
| 7555 | - | 233.20transport of cannabis flower or cannabis products for such purpose by a Tribal cannabis | |
| 7556 | - | 233.21business shall not constitute a criminal or civil offense under state law. | |
| 7557 | - | 233.22 Subd. 5.Publication.The governor shall post any compact entered into under this section | |
| 7558 | - | 233.23on a publicly accessible website. | |
| 7559 | - | 233.24 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 7560 | - | 233.25Sec. 3. Minnesota Statutes 2022, section 13.411, is amended by adding a subdivision to | |
| 7561 | - | 233.26read: | |
| 7562 | - | 233.27 Subd. 12.Cannabis businesses.Data submitted to the Office of Cannabis Management | |
| 7563 | - | 233.28for a cannabis business license or a hemp business license and data relating to investigations | |
| 7564 | - | 233.29and disciplinary proceedings involving cannabis businesses and hemp businesses licensed | |
| 7565 | - | 233.30by the Office of Cannabis Management are classified under section 342.20. | |
| 7566 | - | 233Article 6 Sec. 3. | |
| 7567 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 234.1Sec. 4. Minnesota Statutes 2022, section 13.871, is amended by adding a subdivision to | |
| 7568 | - | 234.2read: | |
| 7569 | - | 234.3 Subd. 15.Cannabis Expungement Board records.Data collected, created, received, | |
| 7570 | - | 234.4maintained, or disseminated by the Cannabis Expungement Board are classified under | |
| 7571 | - | 234.5section 609A.06, subdivision 11. | |
| 7572 | - | 234.6Sec. 5. Minnesota Statutes 2022, section 18K.02, subdivision 5, is amended to read: | |
| 7573 | - | 234.7 Subd. 5.Processing."Processing" means rendering by refinement hemp plants or hemp | |
| 7574 | - | 234.8plant parts from their natural or original state after harvest. Processing includes but is not | |
| 7575 | - | 234.9limited to decortication, devitalization, chopping, crushing, extraction, and packaging. | |
| 7576 | - | 234.10Processing does not include typical farm operations such as sorting, grading, baling, and | |
| 7577 | - | 234.11harvesting. Processing does not include the production of artificially derived cannabinoids | |
| 7578 | - | 234.12as defined in section 342.01, subdivision 6. | |
| 7579 | - | 234.13 EFFECTIVE DATE.This section is effective July 1, 2024. | |
| 7580 | - | 234.14Sec. 6. Minnesota Statutes 2022, section 34A.01, subdivision 4, is amended to read: | |
| 7581 | - | 234.15 Subd. 4.Food."Food" means every ingredient used for, entering into the consumption | |
| 7582 | - | 234.16of, or used or intended for use in the preparation of food, drink, confectionery, or condiment | |
| 7583 | - | 234.17for humans or other animals, whether simple, mixed, or compound; and articles used as | |
| 7584 | - | 234.18components of these ingredients, except that edible cannabinoid cannabis products, as | |
| 7585 | - | 234.19defined in section 151.72, subdivision 1, paragraph (c) 342.01, subdivision 20, lower-potency | |
| 7586 | - | 234.20hemp edibles as defined in section 342.01, subdivision 50, and hemp-derived consumer | |
| 7587 | - | 234.21products, as defined in section 342.01, subdivision 37, that are intended to be eaten or | |
| 7588 | - | 234.22consumed as a beverage are not food. | |
| 7589 | - | 234.23 EFFECTIVE DATE.This section is effective March 1, 2025. | |
| 7590 | - | 234.24Sec. 7. [120B.215] EDUCATION ON CANNABIS USE AND SUBSTANCE USE. | |
| 7591 | - | 234.25 Subdivision 1.Model program.The commissioner of education, in consultation with | |
| 7592 | - | 234.26the commissioners of health and human services, local district and school health education | |
| 7593 | - | 234.27specialists, and other qualified experts, shall identify one or more model programs that may | |
| 7594 | - | 234.28be used to educate middle school and high school students on the health effects on children | |
| 7595 | - | 234.29and adolescents of cannabis use and substance use, including but not limited to the use of | |
| 7596 | - | 234.30fentanyl or mixtures containing fentanyl, consistent with local standards as required in | |
| 7597 | - | 234.31section 120B.021, subdivision 1, paragraph (a), clause (6), for elementary and secondary | |
| 7598 | - | 234.32school students. The commissioner must publish a list of model programs that include | |
| 7599 | - | 234Article 6 Sec. 7. | |
| 7600 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 235.1written materials, resources, and training for instructors by June 1, 2025. A model program | |
| 7601 | - | 235.2identified by the commissioner must be medically accurate, age and developmentally | |
| 7602 | - | 235.3appropriate, culturally inclusive, and grounded in science, and must address: | |
| 7603 | - | 235.4 (1) the physical and mental health effects of cannabis use and substance use by children, | |
| 7604 | - | 235.5adolescents, and persons under 25 years of age, including effects on the developing brains | |
| 7605 | - | 235.6of children, adolescents, and persons under 25 years of age; | |
| 7606 | - | 235.7 (2) unsafe or unhealthy behaviors associated with cannabis use and substance use; | |
| 7607 | - | 235.8 (3) signs of substance use disorders; | |
| 7608 | - | 235.9 (4) treatment options; and | |
| 7609 | - | 235.10 (5) healthy coping strategies for children and adolescents. | |
| 7610 | - | 235.11 Subd. 2.School programs.(a) Starting in the 2026-2027 school year, a school district | |
| 7611 | - | 235.12or charter school must implement a comprehensive education program on cannabis use and | |
| 7612 | - | 235.13substance use, including but not limited to the use of fentanyl or mixtures containing fentanyl, | |
| 7613 | - | 235.14for students in middle school and high school. The program must include instruction on the | |
| 7614 | - | 235.15topics listed in subdivision 1 and must: | |
| 7615 | - | 235.16 (1) respect community values and encourage students to communicate with parents, | |
| 7616 | - | 235.17guardians, and other trusted adults about cannabis use and substance use, including but not | |
| 7617 | - | 235.18limited to the use of fentanyl or mixtures containing fentanyl; and | |
| 7618 | - | 235.19 (2) refer students to local resources where students may obtain medically accurate | |
| 7619 | - | 235.20information about cannabis use and substance use, including but not limited to the use of | |
| 7620 | - | 235.21fentanyl or mixtures containing fentanyl, and treatment for a substance use disorder. | |
| 7621 | - | 235.22 (b) District efforts to develop, implement, or improve instruction or curriculum as a | |
| 7622 | - | 235.23result of the provisions of this section must be consistent with sections 120B.10 and 120B.11. | |
| 7623 | - | 235.24 Subd. 3.Parental review.Notwithstanding any law to the contrary, each school district | |
| 7624 | - | 235.25shall have a procedure for a parent, a guardian, or an adult student 18 years of age or older | |
| 7625 | - | 235.26to review the content of the instructional materials to be provided to a minor child or to an | |
| 7626 | - | 235.27adult student pursuant to this section. The district or charter school must allow a parent or | |
| 7627 | - | 235.28adult student to opt out of instruction under this section with no academic or other penalty | |
| 7628 | - | 235.29for the student and must inform parents and adult students of this right to opt out. | |
| 7629 | - | 235.30 Subd. 4.Youth council.A school district or charter school may establish one or more | |
| 7630 | - | 235.31youth councils in which student members of the council receive education and training on | |
| 7631 | - | 235Article 6 Sec. 7. | |
| 7632 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 236.1cannabis use and substance use, including but not limited to the use of fentanyl or mixtures | |
| 7633 | - | 236.2containing fentanyl, and provide peer-to-peer education on these topics. | |
| 7634 | - | 236.3Sec. 8. [144.196] CANNABIS DATA COLLECTION AND BIENNIAL REPORTS. | |
| 7635 | - | 236.4 Subdivision 1.General.The commissioner of health shall engage in research and data | |
| 7636 | - | 236.5collection activities to measure the prevalence of cannabis flower use and the use of cannabis | |
| 7637 | - | 236.6products, lower-potency hemp edibles, and hemp-derived consumer products in the state | |
| 7638 | - | 236.7by persons under 21 years of age and by persons 21 years of age or older, and the trends in | |
| 7639 | - | 236.8hospital-treated cannabis poisoning and adverse events. In order to collect data, the | |
| 7640 | - | 236.9commissioner may modify existing data collection tools used by the department or other | |
| 7641 | - | 236.10state agencies or may establish one or more new data collection tools. | |
| 7642 | - | 236.11 Subd. 2.Statewide assessment; baseline data; updates.(a) The commissioner shall | |
| 7643 | - | 236.12conduct a statewide assessment to establish a baseline for the prevalence of cannabis flower | |
| 7644 | - | 236.13use and the use of cannabis products, lower-potency hemp edibles, and hemp-derived | |
| 7645 | - | 236.14consumer products in the state, and the trends in hospital-treated cannabis poisoning and | |
| 7646 | - | 236.15adverse events broken out by: | |
| 7647 | - | 236.16 (1) the current age of the customer; | |
| 7648 | - | 236.17 (2) the age at which the customer began consuming cannabis flower, cannabis products, | |
| 7649 | - | 236.18lower-potency hemp edibles, or hemp-derived consumer products; | |
| 7650 | - | 236.19 (3) whether the customer consumes cannabis flower, cannabis products, lower-potency | |
| 7651 | - | 236.20hemp edibles, or hemp-derived consumer products, and by type of product that the customer | |
| 7652 | - | 236.21consumes, if applicable; | |
| 7653 | - | 236.22 (4) the amount of cannabis flower, cannabis product, lower-potency hemp edible, or | |
| 7654 | - | 236.23hemp-derived consumer product typically consumed at one time; | |
| 7655 | - | 236.24 (5) the typical frequency of consumption; and | |
| 7656 | - | 236.25 (6) other criteria specified by the commissioner. | |
| 7657 | - | 236.26 (b) The initial assessment must be completed by July 1, 2024. The commissioner shall | |
| 7658 | - | 236.27collect updated data under this subdivision at least every two years thereafter. | |
| 7659 | - | 236.28 Subd. 3.Reports.Beginning January 1, 2025, and January 1 every two years thereafter, | |
| 7660 | - | 236.29the commissioner shall issue a public report on the prevalence of cannabis flower use and | |
| 7661 | - | 236.30the use of cannabis products, lower-potency hemp edibles, and hemp-derived consumer | |
| 7662 | - | 236.31products in the state by persons under age 21 and by persons age 21 or older. The report | |
| 7663 | - | 236.32may include recommendations from the commissioner for changes to this chapter that would | |
| 7664 | - | 236Article 6 Sec. 8. | |
| 7665 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 237.1discourage or prevent personal use of cannabis flower, cannabis products, lower-potency | |
| 7666 | - | 237.2hemp edibles, or hemp-derived consumer products by persons under age 21, that would | |
| 7667 | - | 237.3discourage personal use of cannabis flower, cannabis products, lower-potency hemp edibles, | |
| 7668 | - | 237.4or hemp-derived consumer products by pregnant or breastfeeding individuals, that would | |
| 7669 | - | 237.5prevent access to cannabis flower, cannabis products, lower-potency hemp edibles, or | |
| 7670 | - | 237.6hemp-derived consumer products by young children, or that would otherwise promote public | |
| 7671 | - | 237.7health. | |
| 7672 | - | 237.8Sec. 9. [144.197] CANNABIS EDUCATION PROGRAMS. | |
| 7673 | - | 237.9 Subdivision 1.Youth education.The commissioner of health, in consultation with the | |
| 7674 | - | 237.10commissioners of human services and education and in collaboration with local health | |
| 7675 | - | 237.11departments, shall conduct a long-term, coordinated education program to raise public | |
| 7676 | - | 237.12awareness about and address the top three adverse health effects, as determined by the | |
| 7677 | - | 237.13commissioner, associated with the use of cannabis flower, cannabis products, lower-potency | |
| 7678 | - | 237.14hemp edibles, or hemp-derived consumer products by persons under age 25. In conducting | |
| 7679 | - | 237.15this education program, the commissioner shall engage and consult with youth around the | |
| 7680 | - | 237.16state on program content and on methods to effectively disseminate program information | |
| 7681 | - | 237.17to youth around the state. | |
| 7682 | - | 237.18 Subd. 2.Education for pregnant and breastfeeding individuals; individuals who | |
| 7683 | - | 237.19may become pregnant.The commissioner of health, in consultation with the commissioners | |
| 7684 | - | 237.20of human services and education, shall conduct a long-term, coordinated program to educate | |
| 7685 | - | 237.21pregnant individuals, breastfeeding individuals, and individuals who may become pregnant | |
| 7686 | - | 237.22on the adverse health effects of prenatal exposure to cannabis flower, cannabis products, | |
| 7687 | - | 237.23lower-potency hemp edibles, or hemp-derived consumer products and on the adverse health | |
| 7688 | - | 237.24effects experienced by infants and children who are exposed to cannabis flower, cannabis | |
| 7689 | - | 237.25products, lower-potency hemp edibles, or hemp-derived consumer products in breast milk, | |
| 7690 | - | 237.26from secondhand smoke, or by ingesting cannabinoid products. This education program | |
| 7691 | - | 237.27must also educate individuals on what constitutes a substance use disorder, signs of a | |
| 7692 | - | 237.28substance use disorder, and treatment options for persons with a substance use disorder. | |
| 7693 | - | 237.29 Subd. 3.Home visiting programs.The commissioner of health shall provide training, | |
| 7694 | - | 237.30technical assistance, and education materials to local public health home visiting programs | |
| 7695 | - | 237.31and Tribal home visiting programs and child welfare workers regarding the safe and unsafe | |
| 7696 | - | 237.32use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 7697 | - | 237.33consumer products in homes with infants and young children. Training, technical assistance, | |
| 7698 | - | 237.34and education materials shall address substance use, the signs of a substance use disorder, | |
| 7699 | - | 237Article 6 Sec. 9. | |
| 7700 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 238.1treatment options for persons with a substance use disorder, the dangers of driving under | |
| 7701 | - | 238.2the influence of cannabis flower, cannabis products, lower-potency hemp edibles, or | |
| 7702 | - | 238.3hemp-derived consumer products, how to safely consume cannabis flower, cannabis products, | |
| 7703 | - | 238.4lower-potency hemp edibles, or hemp-derived consumer products in homes with infants | |
| 7704 | - | 238.5and young children, and how to prevent infants and young children from being exposed to | |
| 7705 | - | 238.6cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 7706 | - | 238.7products by ingesting cannabinoid products or through secondhand smoke. | |
| 7707 | - | 238.8 Subd. 4.Local and Tribal health departments.The commissioner of health shall | |
| 7708 | - | 238.9distribute grants to local health departments and Tribal health departments for these | |
| 7709 | - | 238.10departments to create and disseminate educational materials on cannabis flower, cannabis | |
| 7710 | - | 238.11products, lower-potency hemp edibles, and hemp-derived consumer products and to provide | |
| 7711 | - | 238.12safe use and prevention training, education, technical assistance, and community engagement | |
| 7712 | - | 238.13regarding cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived | |
| 7713 | - | 238.14consumer products. | |
| 7714 | - | 238.15Sec. 10. Minnesota Statutes 2022, section 144.99, subdivision 1, is amended to read: | |
| 7715 | - | 238.16 Subdivision 1.Remedies available.The provisions of chapters 103I and 157 and sections | |
| 7716 | - | 238.17115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), (14), | |
| 7717 | - | 238.18and (15); 144.1201 to 144.1204; 144.121; 144.1215; 144.1222; 144.35; 144.381 to 144.385; | |
| 7718 | - | 238.19144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9512; 144.97 to 144.98; | |
| 7719 | - | 238.20144.992; 152.22 to 152.37; 326.70 to 326.785; 327.10 to 327.131; and 327.14 to 327.28 | |
| 7720 | - | 238.21and all rules, orders, stipulation agreements, settlements, compliance agreements, licenses, | |
| 7721 | - | 238.22registrations, certificates, and permits adopted or issued by the department or under any | |
| 7722 | - | 238.23other law now in force or later enacted for the preservation of public health may, in addition | |
| 7723 | - | 238.24to provisions in other statutes, be enforced under this section. | |
| 7724 | - | 238.25 EFFECTIVE DATE.This section is effective March 1, 2025. | |
| 7725 | - | 238.26Sec. 11. Minnesota Statutes 2022, section 144A.4791, subdivision 14, is amended to read: | |
| 7726 | - | 238.27 Subd. 14.Application of other law.Home care providers may exercise the authority | |
| 7727 | - | 238.28and are subject to the protections in section 152.34 342.57, subdivision 2. | |
| 7728 | - | 238.29 EFFECTIVE DATE.This section is effective March 1, 2025. | |
| 7729 | - | 238.30Sec. 12. Minnesota Statutes 2022, section 152.01, subdivision 9, is amended to read: | |
| 7730 | - | 238.31 Subd. 9.Marijuana.(a) "Marijuana" means all parts of the plant of any species of the | |
| 7731 | - | 238.32genus Cannabis, including all agronomical varieties, whether growing or not; the seeds | |
| 7732 | - | 238Article 6 Sec. 12. | |
| 7733 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 239.1thereof; the resin extracted from any part of such plant; and every compound, manufacture, | |
| 7734 | - | 239.2salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall: | |
| 7735 | - | 239.3 (1) cannabis plants; | |
| 7736 | - | 239.4 (2) cannabis flower; | |
| 7737 | - | 239.5 (3) cannabis concentrate; | |
| 7738 | - | 239.6 (4) cannabis products; | |
| 7739 | - | 239.7 (5) cannabis seed; or | |
| 7740 | - | 239.8 (6) a mixture containing any tetrahydrocannabinol or artificially derived cannabinoid | |
| 7741 | - | 239.9in a concentration that exceeds 0.3 percent as measured by weight. | |
| 7742 | - | 239.10 (b) Marijuana does not include: | |
| 7743 | - | 239.11 (1) the mature stalks of such a cannabis plant,; | |
| 7744 | - | 239.12 (2) fiber from such stalks,; | |
| 7745 | - | 239.13 (3) any other compound, manufacture, salt, derivative, mixture, or preparation of such | |
| 7746 | - | 239.14mature stalks, except the resin extracted therefrom, fiber, oil, or cake; | |
| 7747 | - | 239.15 (4) oil or cake made from the seeds of such a cannabis plant, any other compound, | |
| 7748 | - | 239.16manufacture, salt, derivative, mixture, or preparation of such mature stalks, except the resin | |
| 7749 | - | 239.17extracted therefrom, fiber, oil, or cake, or; | |
| 7750 | - | 239.18 (5) the sterilized seed of such a cannabis plant which is incapable of germination. | |
| 7751 | - | 239.19Marijuana does not include; or | |
| 7752 | - | 239.20 (6) industrial hemp as defined in section 152.22, subdivision 5a 18K.02, subdivision 3. | |
| 7753 | - | 239.21Sec. 13. Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to | |
| 7754 | - | 239.22read: | |
| 7755 | - | 239.23 Subd. 5d.Indian lands."Indian lands" means all lands within the limits of any Indian | |
| 7756 | - | 239.24reservation within the boundaries of Minnesota and any lands within the boundaries of | |
| 7757 | - | 239.25Minnesota, title to which are either held in trust by the United States or over which an Indian | |
| 7758 | - | 239.26Tribe exercises governmental power. | |
| 7759 | - | 239.27 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 7760 | - | 239Article 6 Sec. 13. | |
| 7761 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 240.1Sec. 14. Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to | |
| 7762 | - | 240.2read: | |
| 7763 | - | 240.3 Subd. 15.Tribal medical cannabis board."Tribal medical cannabis board" means an | |
| 7764 | - | 240.4agency established by each federally recognized Tribal government and duly authorized by | |
| 7765 | - | 240.5that Tribe's governing body to perform regulatory oversight and monitor compliance with | |
| 7766 | - | 240.6a Tribal medical cannabis program and applicable regulations. | |
| 7767 | - | 240.7 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 7768 | - | 240.8Sec. 15. Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to | |
| 7769 | - | 240.9read: | |
| 7770 | - | 240.10 Subd. 16.Tribal medical cannabis program."Tribal medical cannabis program" means | |
| 7771 | - | 240.11a program established by a federally recognized Tribal government within the boundaries | |
| 7772 | - | 240.12of Minnesota regarding the commercial production, processing, sale or distribution, and | |
| 7773 | - | 240.13possession of medical cannabis and medical cannabis products. | |
| 7774 | - | 240.14 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 7775 | - | 240.15Sec. 16. Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to | |
| 7776 | - | 240.16read: | |
| 7777 | - | 240.17 Subd. 17.Tribal medical cannabis program manufacturer."Tribal medical cannabis | |
| 7778 | - | 240.18program manufacturer" means an entity designated by a Tribal medical cannabis board | |
| 7779 | - | 240.19within the boundaries of Minnesota or a federally recognized Tribal government within the | |
| 7780 | - | 240.20boundaries of Minnesota to engage in production, processing, and sale or distribution of | |
| 7781 | - | 240.21medical cannabis and medical cannabis products under that Tribe's Tribal medical cannabis | |
| 7782 | - | 240.22program. | |
| 7783 | - | 240.23 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 7784 | - | 240.24Sec. 17. Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to | |
| 7785 | - | 240.25read: | |
| 7786 | - | 240.26 Subd. 18.Tribal medical cannabis program patient."Tribal medical cannabis program | |
| 7787 | - | 240.27patient" means a person who possesses a valid registration verification card or equivalent | |
| 7788 | - | 240.28document that is issued under the laws or regulations of a Tribal Nation within the boundaries | |
| 7789 | - | 240.29of Minnesota and that verifies that the person is enrolled in or authorized to participate in | |
| 7790 | - | 240.30that Tribal Nation's Tribal medical cannabis program. | |
| 7791 | - | 240.31 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 7792 | - | 240Article 6 Sec. 17. | |
| 7793 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 241.1Sec. 18. Minnesota Statutes 2022, section 152.29, subdivision 4, is amended to read: | |
| 7794 | - | 241.2 Subd. 4.Report.(a) Each manufacturer shall report to the commissioner on a monthly | |
| 7795 | - | 241.3basis the following information on each individual patient for the month prior to the report: | |
| 7796 | - | 241.4 (1) the amount and dosages of medical cannabis distributed; | |
| 7797 | - | 241.5 (2) the chemical composition of the medical cannabis; and | |
| 7798 | - | 241.6 (3) the tracking number assigned to any medical cannabis distributed. | |
| 7799 | - | 241.7 (b) For transactions involving Tribal medical cannabis program patients, each | |
| 7800 | - | 241.8manufacturer shall report to the commissioner on a weekly basis the following information | |
| 7801 | - | 241.9on each individual Tribal medical cannabis program patient for the week prior to the report: | |
| 7802 | - | 241.10 (1) the name of the Tribal medical cannabis program in which the Tribal medical cannabis | |
| 7803 | - | 241.11program patient is enrolled; | |
| 7804 | - | 241.12 (2) the amount and dosages of medical cannabis distributed; | |
| 7805 | - | 241.13 (3) the chemical composition of the medical cannabis distributed; and | |
| 7806 | - | 241.14 (4) the tracking number assigned to the medical cannabis distributed. | |
| 7807 | - | 241.15 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 7808 | - | 241.16Sec. 19. Minnesota Statutes 2022, section 152.29, is amended by adding a subdivision to | |
| 7809 | - | 241.17read: | |
| 7810 | - | 241.18 Subd. 5.Distribution to Tribal medical cannabis program patient.(a) A manufacturer | |
| 7811 | - | 241.19may distribute medical cannabis in accordance with subdivisions 1 to 4 to a Tribal medical | |
| 7812 | - | 241.20cannabis program patient. | |
| 7813 | - | 241.21 (b) Prior to distribution, the Tribal medical cannabis program patient must provide to | |
| 7814 | - | 241.22the manufacturer: | |
| 7815 | - | 241.23 (1) a valid medical cannabis registration verification card or equivalent document issued | |
| 7816 | - | 241.24by a Tribal medical cannabis program that indicates that the Tribal medical cannabis program | |
| 7817 | - | 241.25patient is authorized to use medical cannabis on Indian lands over which the Tribe has | |
| 7818 | - | 241.26jurisdiction; and | |
| 7819 | - | 241.27 (2) a valid photographic identification card issued by the Tribal medical cannabis | |
| 7820 | - | 241.28program, a valid driver's license, or a valid state identification card. | |
| 7821 | - | 241.29 (c) A manufacturer shall distribute medical cannabis to a Tribal medical cannabis program | |
| 7822 | - | 241.30patient only in a form allowed under section 152.22, subdivision 6. | |
| 7823 | - | 241Article 6 Sec. 19. | |
| 7824 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 242.1 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 7825 | - | 242.2Sec. 20. [152.291] TRIBAL MEDICAL CANNABIS PROGRAM MANUFACTURER | |
| 7826 | - | 242.3TRANSPORTATION. | |
| 7827 | - | 242.4 (a) A Tribal medical cannabis program manufacturer may transport medical cannabis | |
| 7828 | - | 242.5to testing laboratories in the state and to other Indian lands. | |
| 7829 | - | 242.6 (b) A Tribal medical cannabis program manufacturer must staff a motor vehicle used to | |
| 7830 | - | 242.7transport medical cannabis with at least two employees of the manufacturer. Each employee | |
| 7831 | - | 242.8in the transport vehicle must carry identification specifying that the employee is an employee | |
| 7832 | - | 242.9of the manufacturer, and one employee in the transport vehicle must carry a detailed | |
| 7833 | - | 242.10transportation manifest that includes the place and time of departure, the address of the | |
| 7834 | - | 242.11destination, and a description and count of the medical cannabis being transported. | |
| 7835 | - | 242.12 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 7836 | - | 242.13Sec. 21. Minnesota Statutes 2022, section 152.30, is amended to read: | |
| 7837 | - | 242.14 152.30 PATIENT DUTIES. | |
| 7838 | - | 242.15 (a) A patient shall apply to the commissioner for enrollment in the registry program by | |
| 7839 | - | 242.16submitting an application as required in section 152.27 and an annual registration fee as | |
| 7840 | - | 242.17determined under section 152.35. | |
| 7841 | - | 242.18 (b) As a condition of continued enrollment, patients shall agree to: | |
| 7842 | - | 242.19 (1) continue to receive regularly scheduled treatment for their qualifying medical | |
| 7843 | - | 242.20condition from their health care practitioner; and | |
| 7844 | - | 242.21 (2) report changes in their qualifying medical condition to their health care practitioner. | |
| 7845 | - | 242.22 (c) A patient shall only receive medical cannabis from a registered manufacturer or | |
| 7846 | - | 242.23Tribal medical cannabis program but is not required to receive medical cannabis products | |
| 7847 | - | 242.24from only a registered manufacturer or Tribal medical cannabis program. | |
| 7848 | - | 242.25 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 7849 | - | 242Article 6 Sec. 21. | |
| 7850 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 243.1Sec. 22. Minnesota Statutes 2022, section 152.32, is amended to read: | |
| 7851 | - | 243.2 152.32 PROTECTIONS FOR REGISTRY PROGRAM OR TRIBAL MEDICAL | |
| 7852 | - | 243.3CANNABIS PROGRAM PARTICIPATION. | |
| 7853 | - | 243.4 Subdivision 1.Presumption.(a) There is a presumption that a patient enrolled in the | |
| 7854 | - | 243.5registry program under sections 152.22 to 152.37 or a Tribal medical cannabis program | |
| 7855 | - | 243.6patient is engaged in the authorized use of medical cannabis. | |
| 7856 | - | 243.7 (b) The presumption may be rebutted by evidence that: | |
| 7857 | - | 243.8 (1) a patient's conduct related to use of medical cannabis was not for the purpose of | |
| 7858 | - | 243.9treating or alleviating the patient's qualifying medical condition or symptoms associated | |
| 7859 | - | 243.10with the patient's qualifying medical condition.; or | |
| 7860 | - | 243.11 (2) a Tribal medical cannabis program patient's use of medical cannabis was not for a | |
| 7861 | - | 243.12purpose authorized by the Tribal medical cannabis program. | |
| 7862 | - | 243.13 Subd. 2.Criminal and civil protections.(a) Subject to section 152.23, the following | |
| 7863 | - | 243.14are not violations under this chapter: | |
| 7864 | - | 243.15 (1) use or possession of medical cannabis or medical cannabis products by a patient | |
| 7865 | - | 243.16enrolled in the registry program, or; possession by a registered designated caregiver or the | |
| 7866 | - | 243.17parent, legal guardian, or spouse of a patient if the parent, legal guardian, or spouse is listed | |
| 7867 | - | 243.18on the registry verification; or use or possession of medical cannabis or medical cannabis | |
| 7868 | - | 243.19products by a Tribal medical cannabis program patient; | |
| 7869 | - | 243.20 (2) possession, dosage determination, or sale of medical cannabis or medical cannabis | |
| 7870 | - | 243.21products by a medical cannabis manufacturer, employees of a manufacturer, a Tribal medical | |
| 7871 | - | 243.22cannabis program manufacturer, employees of a Tribal medical cannabis program | |
| 7872 | - | 243.23manufacturer, a laboratory conducting testing on medical cannabis, or employees of the | |
| 7873 | - | 243.24laboratory; and | |
| 7874 | - | 243.25 (3) possession of medical cannabis or medical cannabis products by any person while | |
| 7875 | - | 243.26carrying out the duties required under sections 152.22 to 152.37. | |
| 7876 | - | 243.27 (b) Medical cannabis obtained and distributed pursuant to sections 152.22 to 152.37 and | |
| 7877 | - | 243.28associated property is not subject to forfeiture under sections 609.531 to 609.5316. | |
| 7878 | - | 243.29 (c) The commissioner, members of a Tribal medical cannabis board, the commissioner's | |
| 7879 | - | 243.30or Tribal medical cannabis board's staff, the commissioner's or Tribal medical cannabis | |
| 7880 | - | 243.31board's agents or contractors, and any health care practitioner are not subject to any civil or | |
| 7881 | - | 243.32disciplinary penalties by the Board of Medical Practice, the Board of Nursing, or by any | |
| 7882 | - | 243Article 6 Sec. 22. | |
| 7883 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 244.1business, occupational, or professional licensing board or entity, solely for the participation | |
| 7884 | - | 244.2in the registry program under sections 152.22 to 152.37 or in a Tribal medical cannabis | |
| 7885 | - | 244.3program. A pharmacist licensed under chapter 151 is not subject to any civil or disciplinary | |
| 7886 | - | 244.4penalties by the Board of Pharmacy when acting in accordance with the provisions of | |
| 7887 | - | 244.5sections 152.22 to 152.37. Nothing in this section affects a professional licensing board | |
| 7888 | - | 244.6from taking action in response to violations of any other section of law. | |
| 7889 | - | 244.7 (d) Notwithstanding any law to the contrary, the commissioner, the governor of | |
| 7890 | - | 244.8Minnesota, or an employee of any state agency may not be held civilly or criminally liable | |
| 7891 | - | 244.9for any injury, loss of property, personal injury, or death caused by any act or omission | |
| 7892 | - | 244.10while acting within the scope of office or employment under sections 152.22 to 152.37. | |
| 7893 | - | 244.11 (e) Federal, state, and local law enforcement authorities are prohibited from accessing | |
| 7894 | - | 244.12the patient registry under sections 152.22 to 152.37 except when acting pursuant to a valid | |
| 7895 | - | 244.13search warrant. | |
| 7896 | - | 244.14 (f) Notwithstanding any law to the contrary, neither the commissioner nor a public | |
| 7897 | - | 244.15employee may release data or information about an individual contained in any report, | |
| 7898 | - | 244.16document, or registry created under sections 152.22 to 152.37 or any information obtained | |
| 7899 | - | 244.17about a patient participating in the program, except as provided in sections 152.22 to 152.37. | |
| 7900 | - | 244.18 (g) No information contained in a report, document, or registry or obtained from a patient | |
| 7901 | - | 244.19under sections 152.22 to 152.37 or from a Tribal medical cannabis program patient may be | |
| 7902 | - | 244.20admitted as evidence in a criminal proceeding unless independently obtained or in connection | |
| 7903 | - | 244.21with a proceeding involving a violation of sections 152.22 to 152.37. | |
| 7904 | - | 244.22 (h) Notwithstanding section 13.09, any person who violates paragraph (e) or (f) is guilty | |
| 7905 | - | 244.23of a gross misdemeanor. | |
| 7906 | - | 244.24 (i) An attorney may not be subject to disciplinary action by the Minnesota Supreme | |
| 7907 | - | 244.25Court, a Tribal court, or the professional responsibility board for providing legal assistance | |
| 7908 | - | 244.26to prospective or registered manufacturers or others related to activity that is no longer | |
| 7909 | - | 244.27subject to criminal penalties under state law pursuant to sections 152.22 to 152.37, or for | |
| 7910 | - | 244.28providing legal assistance to a Tribal medical cannabis program or a Tribal medical cannabis | |
| 7911 | - | 244.29program manufacturer. | |
| 7912 | - | 244.30 (j) Possession of a registry verification or application for enrollment in the program by | |
| 7913 | - | 244.31a person entitled to possess or apply for enrollment in the registry program does The | |
| 7914 | - | 244.32following do not constitute probable cause or reasonable suspicion, nor and shall it not be | |
| 7915 | - | 244.33used to support a search of the person or property of the person possessing or applying for | |
| 7916 | - | 244Article 6 Sec. 22. | |
| 7917 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 245.1the registry verification or equivalent, or otherwise subject the person or property of the | |
| 7918 | - | 245.2person to inspection by any governmental agency.: | |
| 7919 | - | 245.3 (1) possession of a registry verification or application for enrollment in the registry | |
| 7920 | - | 245.4program by a person entitled to possess a registry verification or apply for enrollment in | |
| 7921 | - | 245.5the registry program; or | |
| 7922 | - | 245.6 (2) possession of a verification or equivalent issued by a Tribal medical cannabis program | |
| 7923 | - | 245.7or application for enrollment in a Tribal medical cannabis program by a person entitled to | |
| 7924 | - | 245.8possess such a verification or application. | |
| 7925 | - | 245.9 Subd. 3.Discrimination prohibited.(a) No school or landlord may refuse to enroll or | |
| 7926 | - | 245.10lease to and may not otherwise penalize a person solely for the person's status as a patient | |
| 7927 | - | 245.11enrolled in the registry program under sections 152.22 to 152.37 or for the person's status | |
| 7928 | - | 245.12as a Tribal medical cannabis program patient, unless failing to do so would violate federal | |
| 7929 | - | 245.13law or regulations or cause the school or landlord to lose a monetary or licensing-related | |
| 7930 | - | 245.14benefit under federal law or regulations. | |
| 7931 | - | 245.15 (b) For the purposes of medical care, including organ transplants, a registry program | |
| 7932 | - | 245.16enrollee's use of medical cannabis under sections 152.22 to 152.37, or a Tribal medical | |
| 7933 | - | 245.17cannabis program patient's use of medical cannabis as authorized by the Tribal medical | |
| 7934 | - | 245.18cannabis program, is considered the equivalent of the authorized use of any other medication | |
| 7935 | - | 245.19used at the discretion of a physician, advanced practice registered nurse, or physician assistant | |
| 7936 | - | 245.20and does not constitute the use of an illicit substance or otherwise disqualify a patient from | |
| 7937 | - | 245.21needed medical care. | |
| 7938 | - | 245.22 (c) Unless a failure to do so would violate federal law or regulations or cause an employer | |
| 7939 | - | 245.23to lose a monetary or licensing-related benefit under federal law or regulations, an employer | |
| 7940 | - | 245.24may not discriminate against a person in hiring, termination, or any term or condition of | |
| 7941 | - | 245.25employment, or otherwise penalize a person, if the discrimination is based upon either any | |
| 7942 | - | 245.26of the following: | |
| 7943 | - | 245.27 (1) the person's status as a patient enrolled in the registry program under sections 152.22 | |
| 7944 | - | 245.28to 152.37; or | |
| 7945 | - | 245.29 (2) the person's status as a Tribal medical cannabis program patient; or | |
| 7946 | - | 245.30 (2) (3) a patient's positive drug test for cannabis components or metabolites, unless the | |
| 7947 | - | 245.31patient used, possessed, or was impaired by medical cannabis on the premises of the place | |
| 7948 | - | 245.32of employment or during the hours of employment. | |
| 7949 | - | 245Article 6 Sec. 22. | |
| 7950 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 246.1 (d) An employee who is required to undergo employer drug testing pursuant to section | |
| 7951 | - | 246.2181.953 may present verification of enrollment in the patient registry or of enrollment in a | |
| 7952 | - | 246.3Tribal medical cannabis program as part of the employee's explanation under section 181.953, | |
| 7953 | - | 246.4subdivision 6. | |
| 7954 | - | 246.5 (e) A person shall not be denied custody of a minor child or visitation rights or parenting | |
| 7955 | - | 246.6time with a minor child solely based on the person's status as a patient enrolled in the registry | |
| 7956 | - | 246.7program under sections 152.22 to 152.37, or on the person's status as a Tribal medical | |
| 7957 | - | 246.8cannabis program patient. There shall be no presumption of neglect or child endangerment | |
| 7958 | - | 246.9for conduct allowed under sections 152.22 to 152.37 or under a Tribal medical cannabis | |
| 7959 | - | 246.10program, unless the person's behavior is such that it creates an unreasonable danger to the | |
| 7960 | - | 246.11safety of the minor as established by clear and convincing evidence. | |
| 7961 | - | 246.12 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 7962 | - | 246.13Sec. 23. Minnesota Statutes 2022, section 152.33, subdivision 1, is amended to read: | |
| 7963 | - | 246.14 Subdivision 1.Intentional diversion; criminal penalty.In addition to any other | |
| 7964 | - | 246.15applicable penalty in law, a manufacturer or an agent of a manufacturer who intentionally | |
| 7965 | - | 246.16transfers medical cannabis to a person other than another registered manufacturer, a patient, | |
| 7966 | - | 246.17a Tribal medical cannabis program patient, a registered designated caregiver or, if listed on | |
| 7967 | - | 246.18the registry verification, a parent, legal guardian, or spouse of a patient is guilty of a felony | |
| 7968 | - | 246.19punishable by imprisonment for not more than two years or by payment of a fine of not | |
| 7969 | - | 246.20more than $3,000, or both. A person convicted under this subdivision may not continue to | |
| 7970 | - | 246.21be affiliated with the manufacturer and is disqualified from further participation under | |
| 7971 | - | 246.22sections 152.22 to 152.37. | |
| 7972 | - | 246.23 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 7973 | - | 246.24Sec. 24. Minnesota Statutes 2022, section 152.35, is amended to read: | |
| 7974 | - | 246.25 152.35 FEES; DEPOSIT OF REVENUE. | |
| 7975 | - | 246.26 (a) The commissioner shall collect an enrollment fee of $200 from patients enrolled | |
| 7976 | - | 246.27under this section. If the patient provides evidence of receiving Social Security disability | |
| 7977 | - | 246.28insurance (SSDI), Supplemental Security Income (SSI), veterans disability, or railroad | |
| 7978 | - | 246.29disability payments, or being enrolled in medical assistance or MinnesotaCare, then the fee | |
| 7979 | - | 246.30shall be $50. For purposes of this section: | |
| 7980 | - | 246Article 6 Sec. 24. | |
| 7981 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 247.1 (1) a patient is considered to receive SSDI if the patient was receiving SSDI at the time | |
| 7982 | - | 247.2the patient was transitioned to retirement benefits by the United States Social Security | |
| 7983 | - | 247.3Administration; and | |
| 7984 | - | 247.4 (2) veterans disability payments include VA dependency and indemnity compensation. | |
| 7985 | - | 247.5Unless a patient provides evidence of receiving payments from or participating in one of | |
| 7986 | - | 247.6the programs specifically listed in this paragraph, the commissioner of health must collect | |
| 7987 | - | 247.7the $200 enrollment fee from a patient to enroll the patient in the registry program. The fees | |
| 7988 | - | 247.8shall be payable annually and are due on the anniversary date of the patient's enrollment. | |
| 7989 | - | 247.9The fee amount shall be deposited in the state treasury and credited to the state government | |
| 7990 | - | 247.10special revenue fund. | |
| 7991 | - | 247.11 (b) (a) The commissioner shall collect an application fee of $20,000 from each entity | |
| 7992 | - | 247.12submitting an application for registration as a medical cannabis manufacturer. Revenue | |
| 7993 | - | 247.13from the fee shall be deposited in the state treasury and credited to the state government | |
| 7994 | - | 247.14special revenue fund. | |
| 7995 | - | 247.15 (c) (b) The commissioner shall establish and collect an annual fee from a medical cannabis | |
| 7996 | - | 247.16manufacturer equal to the cost of regulating and inspecting the manufacturer in that year. | |
| 7997 | - | 247.17Revenue from the fee amount shall be deposited in the state treasury and credited to the | |
| 7998 | - | 247.18state government special revenue fund. | |
| 7999 | - | 247.19 (d) (c) A medical cannabis manufacturer may charge patients enrolled in the registry | |
| 8000 | - | 247.20program a reasonable fee for costs associated with the operations of the manufacturer. The | |
| 8001 | - | 247.21manufacturer may establish a sliding scale of patient fees based upon a patient's household | |
| 8002 | - | 247.22income and may accept private donations to reduce patient fees. | |
| 8003 | - | 247.23 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 8004 | - | 247.24Sec. 25. Minnesota Statutes 2022, section 175.45, subdivision 1, is amended to read: | |
| 8005 | - | 247.25 Subdivision 1.Duties; goal.The commissioner of labor and industry shall convene | |
| 8006 | - | 247.26industry representatives, identify occupational competency standards, and provide technical | |
| 8007 | - | 247.27assistance to develop dual-training programs. The competency standards shall be identified | |
| 8008 | - | 247.28for employment in occupations in advanced manufacturing, health care services, information | |
| 8009 | - | 247.29technology, and agriculture, and the legal cannabis industry. Competency standards are not | |
| 8010 | - | 247.30rules and are exempt from the rulemaking provisions of chapter 14, and the provisions in | |
| 8011 | - | 247.31section 14.386 concerning exempt rules do not apply. | |
| 8012 | - | 247Article 6 Sec. 25. | |
| 8013 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 248.1Sec. 26. Minnesota Statutes 2022, section 181.938, subdivision 2, is amended to read: | |
| 8014 | - | 248.2 Subd. 2.Prohibited practice.(a) An employer may not refuse to hire a job applicant | |
| 8015 | - | 248.3or discipline or discharge an employee because the applicant or employee engages in or has | |
| 8016 | - | 248.4engaged in the use or enjoyment of lawful consumable products, if the use or enjoyment | |
| 8017 | - | 248.5takes place off the premises of the employer during nonworking hours. For purposes of this | |
| 8018 | - | 248.6section, "lawful consumable products" means products whose use or enjoyment is lawful | |
| 8019 | - | 248.7and which are consumed during use or enjoyment, and includes food, alcoholic or | |
| 8020 | - | 248.8nonalcoholic beverages, and tobacco, cannabis flower, as defined in section 342.01, | |
| 8021 | - | 248.9subdivision 16, cannabis products, as defined in section 342.01, subdivision 20, | |
| 8022 | - | 248.10lower-potency hemp edibles as defined in section 342.01, subdivision 50, and hemp-derived | |
| 8023 | - | 248.11consumer products as defined in section 342.01, subdivision 37. | |
| 8024 | - | 248.12 (b) Cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived | |
| 8025 | - | 248.13consumer products are lawful consumable products for the purpose of Minnesota law, | |
| 8026 | - | 248.14regardless of whether federal or other state law considers cannabis use, possession, | |
| 8027 | - | 248.15impairment, sale, or transfer to be unlawful. Nothing in this section shall be construed to | |
| 8028 | - | 248.16limit an employer's ability to discipline or discharge an employee for cannabis flower, | |
| 8029 | - | 248.17cannabis product, lower-potency hemp edible, or hemp-derived consumer product use, | |
| 8030 | - | 248.18possession, impairment, sale, or transfer during working hours, on work premises, or while | |
| 8031 | - | 248.19operating an employer's vehicle, machinery, or equipment, or if a failure to do so would | |
| 8032 | - | 248.20violate federal or state law or regulations or cause an employer to lose a monetary or | |
| 8033 | - | 248.21licensing-related benefit under federal law or regulations. | |
| 8034 | - | 248.22Sec. 27. Minnesota Statutes 2022, section 181.950, subdivision 2, is amended to read: | |
| 8035 | - | 248.23 Subd. 2.Confirmatory test; confirmatory retest."Confirmatory test" and "confirmatory | |
| 8036 | - | 248.24retest" mean a drug or alcohol test or cannabis test that uses a method of analysis allowed | |
| 8037 | - | 248.25under one of the programs listed in section 181.953, subdivision 1. | |
| 8038 | - | 248.26Sec. 28. Minnesota Statutes 2022, section 181.950, subdivision 4, is amended to read: | |
| 8039 | - | 248.27 Subd. 4.Drug."Drug" means a controlled substance as defined in section 152.01, | |
| 8040 | - | 248.28subdivision 4, but does not include marijuana, tetrahydrocannabinols, cannabis flower as | |
| 8041 | - | 248.29defined in section 342.01, subdivision 16, cannabis products as defined in section 342.01, | |
| 8042 | - | 248.30subdivision 20, lower-potency hemp edibles as defined in section 342.01, subdivision 50, | |
| 8043 | - | 248.31and hemp-derived consumer products as defined in section 342.01, subdivision 37. | |
| 8044 | - | 248Article 6 Sec. 28. | |
| 8045 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 249.1Sec. 29. Minnesota Statutes 2022, section 181.950, subdivision 5, is amended to read: | |
| 8046 | - | 249.2 Subd. 5.Drug and alcohol testing."Drug and alcohol testing," "drug or alcohol testing," | |
| 8047 | - | 249.3and "drug or alcohol test" mean analysis of a body component sample according to the | |
| 8048 | - | 249.4standards established under one of the programs listed in section 181.953, subdivision 1, | |
| 8049 | - | 249.5for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites | |
| 8050 | - | 249.6in the sample tested. "Drug and alcohol testing," "drug or alcohol testing," and "drug or | |
| 8051 | - | 249.7alcohol test" do not include cannabis or cannabis testing, unless stated otherwise. | |
| 8052 | - | 249.8Sec. 30. Minnesota Statutes 2022, section 181.950, is amended by adding a subdivision | |
| 8053 | - | 249.9to read: | |
| 8054 | - | 249.10 Subd. 5a.Cannabis testing."Cannabis testing" means the analysis of a body component | |
| 8055 | - | 249.11sample according to the standards established under one of the programs listed in section | |
| 8056 | - | 249.12181.953, subdivision 1, for the purpose of measuring the presence or absence of cannabis | |
| 8057 | - | 249.13flower, as defined in section 342.01, subdivision 16, cannabis products, as defined in section | |
| 8058 | - | 249.14342.01, subdivision 20, lower-potency hemp edibles as defined in section 342.01, subdivision | |
| 8059 | - | 249.1550, hemp-derived consumer products as defined in section 342.01, subdivision 37, or cannabis | |
| 8060 | - | 249.16metabolites in the sample tested. The definitions in this section apply to cannabis testing | |
| 8061 | - | 249.17unless stated otherwise. | |
| 8062 | - | 249.18Sec. 31. Minnesota Statutes 2022, section 181.950, subdivision 8, is amended to read: | |
| 8063 | - | 249.19 Subd. 8.Initial screening test."Initial screening test" means a drug or alcohol test or | |
| 8064 | - | 249.20cannabis test which uses a method of analysis under one of the programs listed in section | |
| 8065 | - | 249.21181.953, subdivision 1. | |
| 8066 | - | 249.22Sec. 32. Minnesota Statutes 2022, section 181.950, subdivision 13, is amended to read: | |
| 8067 | - | 249.23 Subd. 13.Safety-sensitive position."Safety-sensitive position" means a job, including | |
| 8068 | - | 249.24any supervisory or management position, in which an impairment caused by drug or, alcohol, | |
| 8069 | - | 249.25or cannabis usage would threaten the health or safety of any person. | |
| 8070 | - | 249.26Sec. 33. Minnesota Statutes 2022, section 181.951, subdivision 4, is amended to read: | |
| 8071 | - | 249.27 Subd. 4.Random testing.An employer may request or require employees to undergo | |
| 8072 | - | 249.28cannabis testing or drug and alcohol testing on a random selection basis only if (1) they are | |
| 8073 | - | 249.29employed in safety-sensitive positions, or (2) they are employed as professional athletes if | |
| 8074 | - | 249.30the professional athlete is subject to a collective bargaining agreement permitting random | |
| 8075 | - | 249.31testing but only to the extent consistent with the collective bargaining agreement. | |
| 8076 | - | 249Article 6 Sec. 33. | |
| 8077 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 250.1Sec. 34. Minnesota Statutes 2022, section 181.951, subdivision 5, is amended to read: | |
| 8078 | - | 250.2 Subd. 5.Reasonable suspicion testing.An employer may request or require an employee | |
| 8079 | - | 250.3to undergo cannabis testing and drug and alcohol testing if the employer has a reasonable | |
| 8080 | - | 250.4suspicion that the employee: | |
| 8081 | - | 250.5 (1) is under the influence of drugs or alcohol; | |
| 8082 | - | 250.6 (2) has violated the employer's written work rules prohibiting the use, possession, sale, | |
| 8083 | - | 250.7or transfer of drugs or alcohol, cannabis flower, cannabis products, lower-potency hemp | |
| 8084 | - | 250.8edibles, or hemp-derived consumer products while the employee is working or while the | |
| 8085 | - | 250.9employee is on the employer's premises or operating the employer's vehicle, machinery, or | |
| 8086 | - | 250.10equipment, provided the work rules are in writing and contained in the employer's written | |
| 8087 | - | 250.11cannabis testing or drug and alcohol testing policy; | |
| 8088 | - | 250.12 (3) has sustained a personal injury, as that term is defined in section 176.011, subdivision | |
| 8089 | - | 250.1316, or has caused another employee to sustain a personal injury; or | |
| 8090 | - | 250.14 (4) has caused a work-related accident or was operating or helping to operate machinery, | |
| 8091 | - | 250.15equipment, or vehicles involved in a work-related accident. | |
| 8092 | - | 250.16Sec. 35. Minnesota Statutes 2022, section 181.951, subdivision 6, is amended to read: | |
| 8093 | - | 250.17 Subd. 6.Treatment program testing.An employer may request or require an employee | |
| 8094 | - | 250.18to undergo cannabis testing and drug and alcohol testing if the employee has been referred | |
| 8095 | - | 250.19by the employer for substance use disorder treatment or evaluation or is participating in a | |
| 8096 | - | 250.20substance use disorder treatment program under an employee benefit plan, in which case | |
| 8097 | - | 250.21the employee may be requested or required to undergo cannabis testing and drug or alcohol | |
| 8098 | - | 250.22testing without prior notice during the evaluation or treatment period and for a period of up | |
| 8099 | - | 250.23to two years following completion of any prescribed substance use disorder treatment | |
| 8100 | - | 250.24program. | |
| 8101 | - | 250.25Sec. 36. Minnesota Statutes 2022, section 181.951, is amended by adding a subdivision | |
| 8102 | - | 250.26to read: | |
| 8103 | - | 250.27 Subd. 8.Limitations on cannabis testing.(a) An employer must not request or require | |
| 8104 | - | 250.28a job applicant to undergo cannabis testing solely for the purpose of determining the presence | |
| 8105 | - | 250.29or absence of cannabis as a condition of employment unless otherwise required by state or | |
| 8106 | - | 250.30federal law. | |
| 8107 | - | 250.31 (b) Unless otherwise required by state or federal law, an employer must not refuse to | |
| 8108 | - | 250.32hire a job applicant solely because the job applicant submits to a cannabis test or a drug and | |
| 8109 | - | 250Article 6 Sec. 36. | |
| 8110 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 251.1alcohol test authorized by this section and the results of the test indicate the presence of | |
| 8111 | - | 251.2cannabis. | |
| 8112 | - | 251.3 (c) An employer must not request or require an employee or job applicant to undergo | |
| 8113 | - | 251.4cannabis testing on an arbitrary or capricious basis. | |
| 8114 | - | 251.5 (d) Cannabis testing authorized under paragraph (d) must comply with the safeguards | |
| 8115 | - | 251.6for testing employees provided in sections 181.953 and 181.954. | |
| 8116 | - | 251.7Sec. 37. Minnesota Statutes 2022, section 181.951, is amended by adding a subdivision | |
| 8117 | - | 251.8to read: | |
| 8118 | - | 251.9 Subd. 9.Cannabis testing exceptions.For the following positions, cannabis and its | |
| 8119 | - | 251.10metabolites are considered a drug and subject to the drug and alcohol testing provisions in | |
| 8120 | - | 251.11sections 181.950 to 181.957: | |
| 8121 | - | 251.12 (1) a safety-sensitive position, as defined in section 181.950, subdivision 13; | |
| 8122 | - | 251.13 (2) a peace officer position, as defined in section 626.84, subdivision 1; | |
| 8123 | - | 251.14 (3) a firefighter position, as defined in section 299N.01, subdivision 3; | |
| 8124 | - | 251.15 (4) a position requiring face-to-face care, training, education, supervision, counseling, | |
| 8125 | - | 251.16consultation, or medical assistance to: | |
| 8126 | - | 251.17 (i) children; | |
| 8127 | - | 251.18 (ii) vulnerable adults, as defined in section 626.5572, subdivision 21; or | |
| 8128 | - | 251.19 (iii) patients who receive health care services from a provider for the treatment, | |
| 8129 | - | 251.20examination, or emergency care of a medical, psychiatric, or mental condition; | |
| 8130 | - | 251.21 (5) a position requiring a commercial driver's license or requiring an employee to operate | |
| 8131 | - | 251.22a motor vehicle for which state or federal law requires drug or alcohol testing of a job | |
| 8132 | - | 251.23applicant or an employee; | |
| 8133 | - | 251.24 (6) a position of employment funded by a federal grant; or | |
| 8134 | - | 251.25 (7) any other position for which state or federal law requires testing of a job applicant | |
| 8135 | - | 251.26or an employee for cannabis. | |
| 8136 | - | 251.27Sec. 38. Minnesota Statutes 2022, section 181.952, is amended by adding a subdivision | |
| 8137 | - | 251.28to read: | |
| 8138 | - | 251.29 Subd. 3.Cannabis policy.(a) Unless otherwise provided by state or federal law, an | |
| 8139 | - | 251.30employer is not required to permit or accommodate cannabis flower, cannabis product, | |
| 8140 | - | 251Article 6 Sec. 38. | |
| 8141 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 252.1lower-potency hemp edible, or hemp-derived consumer product use, possession, impairment, | |
| 8142 | - | 252.2sale, or transfer while an employee is working or while an employee is on the employer's | |
| 8143 | - | 252.3premises or operating the employer's vehicle, machinery, or equipment. | |
| 8144 | - | 252.4 (b) An employer may only enact and enforce written work rules prohibiting cannabis | |
| 8145 | - | 252.5flower, cannabis product, lower-potency hemp edible, and hemp-derived consumer product | |
| 8146 | - | 252.6use, possession, impairment, sale, or transfer while an employee, is working or while an | |
| 8147 | - | 252.7employee is on the employer's premises or operating the employer's vehicle, machinery, or | |
| 8148 | - | 252.8equipment in a written policy that contains the minimum information required by this section. | |
| 8149 | - | 252.9Sec. 39. Minnesota Statutes 2022, section 181.953, is amended to read: | |
| 8150 | - | 252.10 181.953 RELIABILITY AND FAIRNESS SAFEGUARDS. | |
| 8151 | - | 252.11 Subdivision 1.Use of licensed, accredited, or certified laboratory required.(a) An | |
| 8152 | - | 252.12employer who requests or requires an employee or job applicant to undergo drug or alcohol | |
| 8153 | - | 252.13testing or cannabis testing shall use the services of a testing laboratory that meets one of | |
| 8154 | - | 252.14the following criteria for drug testing: | |
| 8155 | - | 252.15 (1) is certified by the National Institute on Drug Abuse as meeting the mandatory | |
| 8156 | - | 252.16guidelines published at 53 Federal Register 11970 to 11989, April 11, 1988; | |
| 8157 | - | 252.17 (2) is accredited by the College of American Pathologists, 325 Waukegan Road, | |
| 8158 | - | 252.18Northfield, Illinois, 60093-2750, under the forensic urine drug testing laboratory program; | |
| 8159 | - | 252.19or | |
| 8160 | - | 252.20 (3) is licensed to test for drugs by the state of New York, Department of Health, under | |
| 8161 | - | 252.21Public Health Law, article 5, title V, and rules adopted under that law. | |
| 8162 | - | 252.22 (b) For alcohol testing, the laboratory must either be: | |
| 8163 | - | 252.23 (1) licensed to test for drugs and alcohol by the state of New York, Department of Health, | |
| 8164 | - | 252.24under Public Health Law, article 5, title V, and the rules adopted under that law; or | |
| 8165 | - | 252.25 (2) accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, | |
| 8166 | - | 252.26Illinois, 60093-2750, in the laboratory accreditation program. | |
| 8167 | - | 252.27 Subd. 3.Laboratory testing, reporting, and sample retention requirements.A testing | |
| 8168 | - | 252.28laboratory that is not certified by the National Institute on Drug Abuse according to | |
| 8169 | - | 252.29subdivision 1 shall follow the chain-of-custody procedures prescribed for employers in | |
| 8170 | - | 252.30subdivision 5. A testing laboratory shall conduct a confirmatory test on all samples that | |
| 8171 | - | 252.31produced a positive test result on an initial screening test. A laboratory shall disclose to the | |
| 8172 | - | 252.32employer a written test result report for each sample tested within three working days after | |
| 8173 | - | 252Article 6 Sec. 39. | |
| 8174 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 253.1a negative test result on an initial screening test or, when the initial screening test produced | |
| 8175 | - | 253.2a positive test result, within three working days after a confirmatory test. A test report must | |
| 8176 | - | 253.3indicate the drugs, alcohol, or drug or alcohol metabolites, or cannabis or cannabis | |
| 8177 | - | 253.4metabolites tested for and whether the test produced negative or positive test results. A | |
| 8178 | - | 253.5laboratory shall retain and properly store for at least six months all samples that produced | |
| 8179 | - | 253.6a positive test result. | |
| 8180 | - | 253.7 Subd. 4.Prohibitions on employers.An employer may not conduct drug or alcohol | |
| 8181 | - | 253.8testing or cannabis testing of its own employees and job applicants using a testing laboratory | |
| 8182 | - | 253.9owned and operated by the employer; except that, one agency of the state may test the | |
| 8183 | - | 253.10employees of another agency of the state. Except as provided in subdivision 9, an employer | |
| 8184 | - | 253.11may not request or require an employee or job applicant to contribute to, or pay the cost of, | |
| 8185 | - | 253.12drug or alcohol testing or cannabis testing under sections 181.950 to 181.954. | |
| 8186 | - | 253.13 Subd. 5.Employer chain-of-custody procedures.An employer shall establish its own | |
| 8187 | - | 253.14reliable chain-of-custody procedures to ensure proper record keeping, handling, labeling, | |
| 8188 | - | 253.15and identification of the samples to be tested. The procedures must require the following: | |
| 8189 | - | 253.16 (1) possession of a sample must be traceable to the employee from whom the sample is | |
| 8190 | - | 253.17collected, from the time the sample is collected through the time the sample is delivered to | |
| 8191 | - | 253.18the laboratory; | |
| 8192 | - | 253.19 (2) the sample must always be in the possession of, must always be in view of, or must | |
| 8193 | - | 253.20be placed in a secured area by a person authorized to handle the sample; | |
| 8194 | - | 253.21 (3) a sample must be accompanied by a written chain-of-custody record; and | |
| 8195 | - | 253.22 (4) individuals relinquishing or accepting possession of the sample must record the time | |
| 8196 | - | 253.23the possession of the sample was transferred and must sign and date the chain-of-custody | |
| 8197 | - | 253.24record at the time of transfer. | |
| 8198 | - | 253.25 Subd. 6.Rights of employees and job applicants.(a) Before requesting an employee | |
| 8199 | - | 253.26or job applicant to undergo drug or alcohol testing or requesting cannabis testing, an employer | |
| 8200 | - | 253.27shall provide the employee or job applicant with a form, developed by the employer, on | |
| 8201 | - | 253.28which to acknowledge that the employee or job applicant has seen the employer's drug and | |
| 8202 | - | 253.29alcohol testing or cannabis testing policy. | |
| 8203 | - | 253.30 (b) If an employee or job applicant tests positive for drug use, the employee must be | |
| 8204 | - | 253.31given written notice of the right to explain the positive test and the employer may request | |
| 8205 | - | 253.32that the employee or job applicant indicate any over-the-counter or prescription medication | |
| 8206 | - | 253Article 6 Sec. 39. | |
| 8207 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 254.1that the individual is currently taking or has recently taken and any other information relevant | |
| 8208 | - | 254.2to the reliability of, or explanation for, a positive test result. | |
| 8209 | - | 254.3 (c) Within three working days after notice of a positive test result on a confirmatory test, | |
| 8210 | - | 254.4the employee or job applicant may submit information to the employer, in addition to any | |
| 8211 | - | 254.5information already submitted under paragraph (b), to explain that result, or may request a | |
| 8212 | - | 254.6confirmatory retest of the original sample at the employee's or job applicant's own expense | |
| 8213 | - | 254.7as provided under subdivision 9. | |
| 8214 | - | 254.8 Subd. 7.Notice of test results.Within three working days after receipt of a test result | |
| 8215 | - | 254.9report from the testing laboratory, an employer shall inform in writing an employee or job | |
| 8216 | - | 254.10applicant who has undergone drug or alcohol testing or cannabis testing of (1) a negative | |
| 8217 | - | 254.11test result on an initial screening test or of a negative or positive test result on a confirmatory | |
| 8218 | - | 254.12test and (2) the right provided in subdivision 8. In the case of a positive test result on a | |
| 8219 | - | 254.13confirmatory test, the employer shall also, at the time of this notice, inform the employee | |
| 8220 | - | 254.14or job applicant in writing of the rights provided in subdivisions 6, paragraph (b), 9, and | |
| 8221 | - | 254.15either subdivision 10 or 11, whichever applies. | |
| 8222 | - | 254.16 Subd. 8.Right to test result report.An employee or job applicant has the right to | |
| 8223 | - | 254.17request and receive from the employer a copy of the test result report on any drug or alcohol | |
| 8224 | - | 254.18test or cannabis test. | |
| 8225 | - | 254.19 Subd. 9.Confirmatory retests.An employee or job applicant may request a confirmatory | |
| 8226 | - | 254.20retest of the original sample at the employee's or job applicant's own expense after notice | |
| 8227 | - | 254.21of a positive test result on a confirmatory test. Within five working days after notice of the | |
| 8228 | - | 254.22confirmatory test result, the employee or job applicant shall notify the employer in writing | |
| 8229 | - | 254.23of the employee's or job applicant's intention to obtain a confirmatory retest. Within three | |
| 8230 | - | 254.24working days after receipt of the notice, the employer shall notify the original testing | |
| 8231 | - | 254.25laboratory that the employee or job applicant has requested the laboratory to conduct the | |
| 8232 | - | 254.26confirmatory retest or transfer the sample to another laboratory licensed under subdivision | |
| 8233 | - | 254.271 to conduct the confirmatory retest. The original testing laboratory shall ensure that the | |
| 8234 | - | 254.28chain-of-custody procedures in subdivision 3 are followed during transfer of the sample to | |
| 8235 | - | 254.29the other laboratory. The confirmatory retest must use the same drug or, alcohol, or cannabis | |
| 8236 | - | 254.30threshold detection levels as used in the original confirmatory test. If the confirmatory retest | |
| 8237 | - | 254.31does not confirm the original positive test result, no adverse personnel action based on the | |
| 8238 | - | 254.32original confirmatory test may be taken against the employee or job applicant. | |
| 8239 | - | 254.33 Subd. 10.Limitations on employee discharge, discipline, or discrimination.(a) An | |
| 8240 | - | 254.34employer may not discharge, discipline, discriminate against, or request or require | |
| 8241 | - | 254Article 6 Sec. 39. | |
| 8242 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 255.1rehabilitation of an employee on the basis of a positive test result from an initial screening | |
| 8243 | - | 255.2test that has not been verified by a confirmatory test. | |
| 8244 | - | 255.3 (b) In addition to the limitation under paragraph (a), an employer may not discharge an | |
| 8245 | - | 255.4employee for whom a positive test result on a confirmatory test was the first such result for | |
| 8246 | - | 255.5the employee on a drug or alcohol test or cannabis test requested by the employer unless | |
| 8247 | - | 255.6the following conditions have been met: | |
| 8248 | - | 255.7 (1) the employer has first given the employee an opportunity to participate in, at the | |
| 8249 | - | 255.8employee's own expense or pursuant to coverage under an employee benefit plan, either a | |
| 8250 | - | 255.9drug or, alcohol, or cannabis counseling or rehabilitation program, whichever is more | |
| 8251 | - | 255.10appropriate, as determined by the employer after consultation with a certified chemical use | |
| 8252 | - | 255.11counselor or a physician trained in the diagnosis and treatment of substance use disorder; | |
| 8253 | - | 255.12and | |
| 8254 | - | 255.13 (2) the employee has either refused to participate in the counseling or rehabilitation | |
| 8255 | - | 255.14program or has failed to successfully complete the program, as evidenced by withdrawal | |
| 8256 | - | 255.15from the program before its completion or by a positive test result on a confirmatory test | |
| 8257 | - | 255.16after completion of the program. | |
| 8258 | - | 255.17 (c) Notwithstanding paragraph (a), an employer may temporarily suspend the tested | |
| 8259 | - | 255.18employee or transfer that employee to another position at the same rate of pay pending the | |
| 8260 | - | 255.19outcome of the confirmatory test and, if requested, the confirmatory retest, provided the | |
| 8261 | - | 255.20employer believes that it is reasonably necessary to protect the health or safety of the | |
| 8262 | - | 255.21employee, coemployees, or the public. An employee who has been suspended without pay | |
| 8263 | - | 255.22must be reinstated with back pay if the outcome of the confirmatory test or requested | |
| 8264 | - | 255.23confirmatory retest is negative. | |
| 8265 | - | 255.24 (d) An employer may not discharge, discipline, discriminate against, or request or require | |
| 8266 | - | 255.25rehabilitation of an employee on the basis of medical history information revealed to the | |
| 8267 | - | 255.26employer pursuant to subdivision 6 unless the employee was under an affirmative duty to | |
| 8268 | - | 255.27provide the information before, upon, or after hire. | |
| 8269 | - | 255.28 (e) An employee must be given access to information in the employee's personnel file | |
| 8270 | - | 255.29relating to positive test result reports and other information acquired in the drug and alcohol | |
| 8271 | - | 255.30testing process or cannabis testing process and conclusions drawn from and actions taken | |
| 8272 | - | 255.31based on the reports or other acquired information. | |
| 8273 | - | 255.32 Subd. 10a.Additional limitations for cannabis.An employer may discipline, discharge, | |
| 8274 | - | 255.33or take other adverse personnel action against an employee for cannabis flower, cannabis | |
| 8275 | - | 255.34product, lower-potency hemp edible, or hemp-derived consumer product use, possession, | |
| 8276 | - | 255Article 6 Sec. 39. | |
| 8277 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 256.1impairment, sale, or transfer while an employee is working, on the employer's premises, or | |
| 8278 | - | 256.2operating the employer's vehicle, machinery, or equipment as follows: | |
| 8279 | - | 256.3 (1) if, as the result of consuming cannabis flower, a cannabis product, a lower-potency | |
| 8280 | - | 256.4hemp edible, or a hemp-derived consumer product, the employee does not possess that | |
| 8281 | - | 256.5clearness of intellect and control of self that the employee otherwise would have; | |
| 8282 | - | 256.6 (2) if cannabis testing verifies the presence of cannabis flower, a cannabis product, a | |
| 8283 | - | 256.7lower-potency hemp edible, or a hemp-derived consumer product following a confirmatory | |
| 8284 | - | 256.8test; | |
| 8285 | - | 256.9 (3) as provided in the employer's written work rules for cannabis flower, cannabis | |
| 8286 | - | 256.10products, lower-potency hemp edibles, or hemp-derived consumer products and cannabis | |
| 8287 | - | 256.11testing, provided that the rules are in writing and in a written policy that contains the | |
| 8288 | - | 256.12minimum information required by section 181.952; or | |
| 8289 | - | 256.13 (4) as otherwise authorized or required under state or federal law or regulations, or if a | |
| 8290 | - | 256.14failure to do so would cause an employer to lose a monetary or licensing-related benefit | |
| 8291 | - | 256.15under federal law or regulations. | |
| 8292 | - | 256.16 Subd. 11.Limitation on withdrawal of job offer.If a job applicant has received a job | |
| 8293 | - | 256.17offer made contingent on the applicant passing drug and alcohol testing, the employer may | |
| 8294 | - | 256.18not withdraw the offer based on a positive test result from an initial screening test that has | |
| 8295 | - | 256.19not been verified by a confirmatory test. | |
| 8296 | - | 256.20Sec. 40. Minnesota Statutes 2022, section 181.954, is amended to read: | |
| 8297 | - | 256.21 181.954 PRIVACY, CONFIDENTIALITY, AND PRIVILEGE SAFEGUARDS. | |
| 8298 | - | 256.22 Subdivision 1.Privacy limitations.A laboratory may only disclose to the employer test | |
| 8299 | - | 256.23result data regarding the presence or absence of drugs, alcohol, or their metabolites in a | |
| 8300 | - | 256.24sample tested. | |
| 8301 | - | 256.25 Subd. 2.Confidentiality limitations.Test result reports and other information acquired | |
| 8302 | - | 256.26in the drug or alcohol testing or cannabis testing process are, with respect to private sector | |
| 8303 | - | 256.27employees and job applicants, private and confidential information, and, with respect to | |
| 8304 | - | 256.28public sector employees and job applicants, private data on individuals as that phrase is | |
| 8305 | - | 256.29defined in chapter 13, and may not be disclosed by an employer or laboratory to another | |
| 8306 | - | 256.30employer or to a third-party individual, governmental agency, or private organization without | |
| 8307 | - | 256.31the written consent of the employee or job applicant tested. | |
| 8308 | - | 256Article 6 Sec. 40. | |
| 8309 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 257.1 Subd. 3.Exceptions to privacy and confidentiality disclosure | |
| 8310 | - | 257.2limitations.Notwithstanding subdivisions 1 and 2, evidence of a positive test result on a | |
| 8311 | - | 257.3confirmatory test may be: (1) used in an arbitration proceeding pursuant to a collective | |
| 8312 | - | 257.4bargaining agreement, an administrative hearing under chapter 43A or other applicable state | |
| 8313 | - | 257.5or local law, or a judicial proceeding, provided that information is relevant to the hearing | |
| 8314 | - | 257.6or proceeding; (2) disclosed to any federal agency or other unit of the United States | |
| 8315 | - | 257.7government as required under federal law, regulation, or order, or in accordance with | |
| 8316 | - | 257.8compliance requirements of a federal government contract; and (3) disclosed to a substance | |
| 8317 | - | 257.9abuse treatment facility for the purpose of evaluation or treatment of the employee. | |
| 8318 | - | 257.10 Subd. 4.Privilege.Positive test results from an employer drug or alcohol testing or | |
| 8319 | - | 257.11cannabis testing program may not be used as evidence in a criminal action against the | |
| 8320 | - | 257.12employee or job applicant tested. | |
| 8321 | - | 257.13Sec. 41. Minnesota Statutes 2022, section 181.955, is amended to read: | |
| 8322 | - | 257.14 181.955 CONSTRUCTION. | |
| 8323 | - | 257.15 Subdivision 1.Freedom to collectively bargain.Sections 181.950 to 181.954 shall not | |
| 8324 | - | 257.16be construed to limit the parties to a collective bargaining agreement from bargaining and | |
| 8325 | - | 257.17agreeing with respect to a drug and alcohol testing or a cannabis testing policy that meets | |
| 8326 | - | 257.18or exceeds, and does not otherwise conflict with, the minimum standards and requirements | |
| 8327 | - | 257.19for employee protection provided in those sections. | |
| 8328 | - | 257.20 Subd. 2.Employee protections under existing collective bargaining | |
| 8329 | - | 257.21agreements.Sections 181.950 to 181.954 shall not be construed to interfere with or diminish | |
| 8330 | - | 257.22any employee protections relating to drug and alcohol testing or cannabis testing already | |
| 8331 | - | 257.23provided under collective bargaining agreements in effect on the effective date of those | |
| 8332 | - | 257.24sections that exceed the minimum standards and requirements for employee protection | |
| 8333 | - | 257.25provided in those sections. | |
| 8334 | - | 257.26 Subd. 3.Professional athletes.Sections 181.950 to 181.954 shall not be construed to | |
| 8335 | - | 257.27interfere with the operation of a drug and alcohol testing or cannabis testing program if: | |
| 8336 | - | 257.28 (1) the drug and alcohol testing program is permitted under a contract between the | |
| 8337 | - | 257.29employer and employees; and | |
| 8338 | - | 257.30 (2) the covered employees are employed as professional athletes. | |
| 8339 | - | 257.31 Upon request of the commissioner of labor and industry, the exclusive representative | |
| 8340 | - | 257.32of the employees and the employer shall certify to the commissioner of labor and industry | |
| 8341 | - | 257.33that the drug and alcohol testing or cannabis testing program permitted under the contract | |
| 8342 | - | 257Article 6 Sec. 41. | |
| 8343 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 258.1should operate without interference from the sections specified in this subdivision. This | |
| 8344 | - | 258.2subdivision must not be construed to create an exemption from controlled substance crimes | |
| 8345 | - | 258.3in chapter 152. | |
| 8346 | - | 258.4Sec. 42. Minnesota Statutes 2022, section 181.957, subdivision 1, is amended to read: | |
| 8347 | - | 258.5 Subdivision 1.Excluded employees and job applicants.Except as provided under | |
| 8348 | - | 258.6subdivision 2, the employee and job applicant protections provided under sections 181.950 | |
| 8349 | - | 258.7to 181.956 do not apply to employees and job applicants where the specific work performed | |
| 8350 | - | 258.8requires those employees and job applicants to be subject to drug and alcohol testing or | |
| 8351 | - | 258.9cannabis testing pursuant to: | |
| 8352 | - | 258.10 (1) federal regulations that specifically preempt state regulation of drug and alcohol | |
| 8353 | - | 258.11testing or cannabis testing with respect to those employees and job applicants; | |
| 8354 | - | 258.12 (2) federal regulations or requirements necessary to operate federally regulated facilities; | |
| 8355 | - | 258.13 (3) federal contracts where the drug and alcohol testing or cannabis testing is conducted | |
| 8356 | - | 258.14for security, safety, or protection of sensitive or proprietary data; or | |
| 8357 | - | 258.15 (4) state agency rules that adopt federal regulations applicable to the interstate component | |
| 8358 | - | 258.16of a federally regulated industry, and the adoption of those rules is for the purpose of | |
| 8359 | - | 258.17conforming the nonfederally regulated intrastate component of the industry to identical | |
| 8360 | - | 258.18regulation. | |
| 8361 | - | 258.19Sec. 43. Minnesota Statutes 2022, section 245C.08, subdivision 1, is amended to read: | |
| 8362 | - | 258.20 Subdivision 1.Background studies conducted by Department of Human Services.(a) | |
| 8363 | - | 258.21For a background study conducted by the Department of Human Services, the commissioner | |
| 8364 | - | 258.22shall review: | |
| 8365 | - | 258.23 (1) information related to names of substantiated perpetrators of maltreatment of | |
| 8366 | - | 258.24vulnerable adults that has been received by the commissioner as required under section | |
| 8367 | - | 258.25626.557, subdivision 9c, paragraph (j); | |
| 8368 | - | 258.26 (2) the commissioner's records relating to the maltreatment of minors in licensed | |
| 8369 | - | 258.27programs, and from findings of maltreatment of minors as indicated through the social | |
| 8370 | - | 258.28service information system; | |
| 8371 | - | 258.29 (3) information from juvenile courts as required in subdivision 4 for individuals listed | |
| 8372 | - | 258.30in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause; | |
| 8373 | - | 258Article 6 Sec. 43. | |
| 8374 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 259.1 (4) information from the Bureau of Criminal Apprehension, including information | |
| 8375 | - | 259.2regarding a background study subject's registration in Minnesota as a predatory offender | |
| 8376 | - | 259.3under section 243.166; | |
| 8377 | - | 259.4 (5) except as provided in clause (6), information received as a result of submission of | |
| 8378 | - | 259.5fingerprints for a national criminal history record check, as defined in section 245C.02, | |
| 8379 | - | 259.6subdivision 13c, when the commissioner has reasonable cause for a national criminal history | |
| 8380 | - | 259.7record check as defined under section 245C.02, subdivision 15a, or as required under section | |
| 8381 | - | 259.8144.057, subdivision 1, clause (2); | |
| 8382 | - | 259.9 (6) for a background study related to a child foster family setting application for licensure, | |
| 8383 | - | 259.10foster residence settings, children's residential facilities, a transfer of permanent legal and | |
| 8384 | - | 259.11physical custody of a child under sections 260C.503 to 260C.515, or adoptions, and for a | |
| 8385 | - | 259.12background study required for family child care, certified license-exempt child care, child | |
| 8386 | - | 259.13care centers, and legal nonlicensed child care authorized under chapter 119B, the | |
| 8387 | - | 259.14commissioner shall also review: | |
| 8388 | - | 259.15 (i) information from the child abuse and neglect registry for any state in which the | |
| 8389 | - | 259.16background study subject has resided for the past five years; | |
| 8390 | - | 259.17 (ii) when the background study subject is 18 years of age or older, or a minor under | |
| 8391 | - | 259.18section 245C.05, subdivision 5a, paragraph (c), information received following submission | |
| 8392 | - | 259.19of fingerprints for a national criminal history record check; and | |
| 8393 | - | 259.20 (iii) when the background study subject is 18 years of age or older or a minor under | |
| 8394 | - | 259.21section 245C.05, subdivision 5a, paragraph (d), for licensed family child care, certified | |
| 8395 | - | 259.22license-exempt child care, licensed child care centers, and legal nonlicensed child care | |
| 8396 | - | 259.23authorized under chapter 119B, information obtained using non-fingerprint-based data | |
| 8397 | - | 259.24including information from the criminal and sex offender registries for any state in which | |
| 8398 | - | 259.25the background study subject resided for the past five years and information from the national | |
| 8399 | - | 259.26crime information database and the national sex offender registry; and | |
| 8400 | - | 259.27 (7) for a background study required for family child care, certified license-exempt child | |
| 8401 | - | 259.28care centers, licensed child care centers, and legal nonlicensed child care authorized under | |
| 8402 | - | 259.29chapter 119B, the background study shall also include, to the extent practicable, a name | |
| 8403 | - | 259.30and date-of-birth search of the National Sex Offender Public website. | |
| 8404 | - | 259.31 (b) Except as otherwise provided in this paragraph, notwithstanding expungement by a | |
| 8405 | - | 259.32court, the commissioner may consider information obtained under paragraph (a), clauses | |
| 8406 | - | 259.33(3) and (4), unless the commissioner received notice of the petition for expungement and | |
| 8407 | - | 259.34the court order for expungement is directed specifically to the commissioner. The | |
| 8408 | - | 259Article 6 Sec. 43. | |
| 8409 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 260.1commissioner may not consider information obtained under paragraph (a), clauses (3) and | |
| 8410 | - | 260.2(4), or from any other source that identifies a violation of chapter 152 without determining | |
| 8411 | - | 260.3if the offense involved the possession of marijuana or tetrahydrocannabinol and, if so, | |
| 8412 | - | 260.4whether the person received a grant of expungement or order of expungement, or the person | |
| 8413 | - | 260.5was resentenced to a lesser offense. If the person received a grant of expungement or order | |
| 8414 | - | 260.6of expungement, the commissioner may not consider information related to that violation | |
| 8415 | - | 260.7but may consider any other relevant information arising out of the same incident. | |
| 8416 | - | 260.8 (c) The commissioner shall also review criminal case information received according | |
| 8417 | - | 260.9to section 245C.04, subdivision 4a, from the Minnesota court information system that relates | |
| 8418 | - | 260.10to individuals who have already been studied under this chapter and who remain affiliated | |
| 8419 | - | 260.11with the agency that initiated the background study. | |
| 8420 | - | 260.12 (d) When the commissioner has reasonable cause to believe that the identity of a | |
| 8421 | - | 260.13background study subject is uncertain, the commissioner may require the subject to provide | |
| 8422 | - | 260.14a set of classifiable fingerprints for purposes of completing a fingerprint-based record check | |
| 8423 | - | 260.15with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph | |
| 8424 | - | 260.16shall not be saved by the commissioner after they have been used to verify the identity of | |
| 8425 | - | 260.17the background study subject against the particular criminal record in question. | |
| 8426 | - | 260.18 (e) The commissioner may inform the entity that initiated a background study under | |
| 8427 | - | 260.19NETStudy 2.0 of the status of processing of the subject's fingerprints. | |
| 8428 | - | 260.20Sec. 44. Minnesota Statutes 2022, section 256.01, subdivision 18c, is amended to read: | |
| 8429 | - | 260.21 Subd. 18c.Drug convictions.(a) The state court administrator shall provide a report | |
| 8430 | - | 260.22every six months by electronic means to the commissioner of human services, including | |
| 8431 | - | 260.23the name, address, date of birth, and, if available, driver's license or state identification card | |
| 8432 | - | 260.24number, date of the sentence, effective date of the sentence, and county in which the | |
| 8433 | - | 260.25conviction occurred, of each person convicted of a felony under chapter 152, except for | |
| 8434 | - | 260.26convictions under section 152.0263 or 152.0264, during the previous six months. | |
| 8435 | - | 260.27 (b) The commissioner shall determine whether the individuals who are the subject of | |
| 8436 | - | 260.28the data reported under paragraph (a) are receiving public assistance under chapter 256D | |
| 8437 | - | 260.29or 256J, and if the an individual is receiving assistance under chapter 256D or 256J, the | |
| 8438 | - | 260.30commissioner shall instruct the county to proceed under section 256D.024 or 256J.26, | |
| 8439 | - | 260.31whichever is applicable, for this individual. | |
| 8440 | - | 260Article 6 Sec. 44. | |
| 8441 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 261.1 (c) The commissioner shall not retain any data received under paragraph (a) or (d) that | |
| 8442 | - | 261.2does not relate to an individual receiving publicly funded assistance under chapter 256D or | |
| 8443 | - | 261.3256J. | |
| 8444 | - | 261.4 (d) In addition to the routine data transfer under paragraph (a), the state court | |
| 8445 | - | 261.5administrator shall provide a onetime report of the data fields under paragraph (a) for | |
| 8446 | - | 261.6individuals with a felony drug conviction under chapter 152 dated from July 1, 1997, until | |
| 8447 | - | 261.7the date of the data transfer. The commissioner shall perform the tasks identified under | |
| 8448 | - | 261.8paragraph (b) related to this data and shall retain the data according to paragraph (c). | |
| 8449 | - | 261.9Sec. 45. Minnesota Statutes 2022, section 256B.0625, subdivision 13d, is amended to | |
| 8450 | - | 261.10read: | |
| 8451 | - | 261.11 Subd. 13d.Drug formulary.(a) The commissioner shall establish a drug formulary. Its | |
| 8452 | - | 261.12establishment and publication shall not be subject to the requirements of the Administrative | |
| 8453 | - | 261.13Procedure Act, but the Formulary Committee shall review and comment on the formulary | |
| 8454 | - | 261.14contents. | |
| 8455 | - | 261.15 (b) The formulary shall not include: | |
| 8456 | - | 261.16 (1) drugs, active pharmaceutical ingredients, or products for which there is no federal | |
| 8457 | - | 261.17funding; | |
| 8458 | - | 261.18 (2) over-the-counter drugs, except as provided in subdivision 13; | |
| 8459 | - | 261.19 (3) drugs or active pharmaceutical ingredients when used for the treatment of impotence | |
| 8460 | - | 261.20or erectile dysfunction; | |
| 8461 | - | 261.21 (4) drugs or active pharmaceutical ingredients for which medical value has not been | |
| 8462 | - | 261.22established; | |
| 8463 | - | 261.23 (5) drugs from manufacturers who have not signed a rebate agreement with the | |
| 8464 | - | 261.24Department of Health and Human Services pursuant to section 1927 of title XIX of the | |
| 8465 | - | 261.25Social Security Act; and | |
| 8466 | - | 261.26 (6) medical cannabis flower as defined in section 152.22, subdivision 6 342.01, | |
| 8467 | - | 261.27subdivision 54, or medical cannabinoid products as defined in section 342.01, subdivision | |
| 8468 | - | 261.2852. | |
| 8469 | - | 261.29 (c) If a single-source drug used by at least two percent of the fee-for-service medical | |
| 8470 | - | 261.30assistance recipients is removed from the formulary due to the failure of the manufacturer | |
| 8471 | - | 261.31to sign a rebate agreement with the Department of Health and Human Services, the | |
| 8472 | - | 261.32commissioner shall notify prescribing practitioners within 30 days of receiving notification | |
| 8473 | - | 261Article 6 Sec. 45. | |
| 8474 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 262.1from the Centers for Medicare and Medicaid Services (CMS) that a rebate agreement was | |
| 8475 | - | 262.2not signed. | |
| 8476 | - | 262.3Sec. 46. Minnesota Statutes 2022, section 256D.024, subdivision 1, is amended to read: | |
| 8477 | - | 262.4 Subdivision 1.Person convicted of drug offenses.(a) If an applicant or recipient has | |
| 8478 | - | 262.5been convicted of a drug offense after July 1, 1997, the assistance unit is ineligible for | |
| 8479 | - | 262.6benefits under this chapter until five years after the applicant has completed terms of the | |
| 8480 | - | 262.7court-ordered sentence, unless the person is participating in a drug treatment program, has | |
| 8481 | - | 262.8successfully completed a drug treatment program, or has been assessed by the county and | |
| 8482 | - | 262.9determined not to be in need of a drug treatment program. Persons subject to the limitations | |
| 8483 | - | 262.10of this subdivision who become eligible for assistance under this chapter shall be subject | |
| 8484 | - | 262.11to random drug testing as a condition of continued eligibility and shall lose eligibility for | |
| 8485 | - | 262.12benefits for five years beginning the month following: | |
| 8486 | - | 262.13 (1) any positive test result for an illegal controlled substance; or | |
| 8487 | - | 262.14 (2) discharge of sentence after conviction for another drug felony. | |
| 8488 | - | 262.15 (b) For the purposes of this subdivision, "drug offense" means a conviction that occurred | |
| 8489 | - | 262.16after July 1, 1997, of sections 152.021 to 152.025, 152.0261, 152.0262, or 152.096. Drug | |
| 8490 | - | 262.17offense also means a conviction in another jurisdiction of the possession, use, or distribution | |
| 8491 | - | 262.18of a controlled substance, or conspiracy to commit any of these offenses, if the offense | |
| 8492 | - | 262.19occurred after July 1, 1997, and the conviction is a felony offense in that jurisdiction, or in | |
| 8493 | - | 262.20the case of New Jersey, a high misdemeanor for a crime that would be a felony if committed | |
| 8494 | - | 262.21in Minnesota. | |
| 8495 | - | 262.22 (c) This subdivision does not apply for convictions or positive test results related to | |
| 8496 | - | 262.23cannabis, marijuana, or tetrahydrocannabinols. | |
| 8497 | - | 262.24Sec. 47. Minnesota Statutes 2022, section 256D.024, subdivision 3, is amended to read: | |
| 8498 | - | 262.25 Subd. 3.Fleeing felons.An individual who is fleeing to avoid prosecution, or custody, | |
| 8499 | - | 262.26or confinement after conviction for a crime that is a felony under the laws of the jurisdiction | |
| 8500 | - | 262.27from which the individual flees, or in the case of New Jersey, is a high misdemeanor, would | |
| 8501 | - | 262.28be a felony if committed in Minnesota, is ineligible to receive benefits under this chapter. | |
| 8502 | - | 262Article 6 Sec. 47. | |
| 8503 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 263.1Sec. 48. Minnesota Statutes 2022, section 256J.26, subdivision 1, is amended to read: | |
| 8504 | - | 263.2 Subdivision 1.Person convicted of drug offenses.(a) An individual who has been | |
| 8505 | - | 263.3convicted of a felony level drug offense committed during the previous ten years from the | |
| 8506 | - | 263.4date of application or recertification is subject to the following: | |
| 8507 | - | 263.5 (1) Benefits for the entire assistance unit must be paid in vendor form for shelter and | |
| 8508 | - | 263.6utilities during any time the applicant is part of the assistance unit. | |
| 8509 | - | 263.7 (2) The convicted applicant or participant shall be subject to random drug testing as a | |
| 8510 | - | 263.8condition of continued eligibility and following any positive test for an illegal controlled | |
| 8511 | - | 263.9substance is subject to the following sanctions: | |
| 8512 | - | 263.10 (i) for failing a drug test the first time, the residual amount of the participant's grant after | |
| 8513 | - | 263.11making vendor payments for shelter and utility costs, if any, must be reduced by an amount | |
| 8514 | - | 263.12equal to 30 percent of the MFIP standard of need for an assistance unit of the same size. | |
| 8515 | - | 263.13When a sanction under this subdivision is in effect, the job counselor must attempt to meet | |
| 8516 | - | 263.14with the person face-to-face. During the face-to-face meeting, the job counselor must explain | |
| 8517 | - | 263.15the consequences of a subsequent drug test failure and inform the participant of the right to | |
| 8518 | - | 263.16appeal the sanction under section 256J.40. If a face-to-face meeting is not possible, the | |
| 8519 | - | 263.17county agency must send the participant a notice of adverse action as provided in section | |
| 8520 | - | 263.18256J.31, subdivisions 4 and 5, and must include the information required in the face-to-face | |
| 8521 | - | 263.19meeting; or | |
| 8522 | - | 263.20 (ii) for failing a drug test two times, the participant is permanently disqualified from | |
| 8523 | - | 263.21receiving MFIP assistance, both the cash and food portions. The assistance unit's MFIP | |
| 8524 | - | 263.22grant must be reduced by the amount which would have otherwise been made available to | |
| 8525 | - | 263.23the disqualified participant. Disqualification under this item does not make a participant | |
| 8526 | - | 263.24ineligible for the Supplemental Nutrition Assistance Program (SNAP). Before a | |
| 8527 | - | 263.25disqualification under this provision is imposed, the job counselor must attempt to meet | |
| 8528 | - | 263.26with the participant face-to-face. During the face-to-face meeting, the job counselor must | |
| 8529 | - | 263.27identify other resources that may be available to the participant to meet the needs of the | |
| 8530 | - | 263.28family and inform the participant of the right to appeal the disqualification under section | |
| 8531 | - | 263.29256J.40. If a face-to-face meeting is not possible, the county agency must send the participant | |
| 8532 | - | 263.30a notice of adverse action as provided in section 256J.31, subdivisions 4 and 5, and must | |
| 8533 | - | 263.31include the information required in the face-to-face meeting. | |
| 8534 | - | 263.32 (3) A participant who fails a drug test the first time and is under a sanction due to other | |
| 8535 | - | 263.33MFIP program requirements is considered to have more than one occurrence of | |
| 8536 | - | 263Article 6 Sec. 48. | |
| 8537 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 264.1noncompliance and is subject to the applicable level of sanction as specified under section | |
| 8538 | - | 264.2256J.46, subdivision 1, paragraph (d). | |
| 8539 | - | 264.3 (b) Applicants requesting only SNAP benefits or participants receiving only SNAP | |
| 8540 | - | 264.4benefits, who have been convicted of a drug offense that occurred after July 1, 1997, may, | |
| 8541 | - | 264.5if otherwise eligible, receive SNAP benefits if the convicted applicant or participant is | |
| 8542 | - | 264.6subject to random drug testing as a condition of continued eligibility. Following a positive | |
| 8543 | - | 264.7test for an illegal controlled substance, the applicant is subject to the following sanctions: | |
| 8544 | - | 264.8 (1) for failing a drug test the first time, SNAP benefits shall be reduced by an amount | |
| 8545 | - | 264.9equal to 30 percent of the applicable SNAP benefit allotment. When a sanction under this | |
| 8546 | - | 264.10clause is in effect, a job counselor must attempt to meet with the person face-to-face. During | |
| 8547 | - | 264.11the face-to-face meeting, a job counselor must explain the consequences of a subsequent | |
| 8548 | - | 264.12drug test failure and inform the participant of the right to appeal the sanction under section | |
| 8549 | - | 264.13256J.40. If a face-to-face meeting is not possible, a county agency must send the participant | |
| 8550 | - | 264.14a notice of adverse action as provided in section 256J.31, subdivisions 4 and 5, and must | |
| 8551 | - | 264.15include the information required in the face-to-face meeting; and | |
| 8552 | - | 264.16 (2) for failing a drug test two times, the participant is permanently disqualified from | |
| 8553 | - | 264.17receiving SNAP benefits. Before a disqualification under this provision is imposed, a job | |
| 8554 | - | 264.18counselor must attempt to meet with the participant face-to-face. During the face-to-face | |
| 8555 | - | 264.19meeting, the job counselor must identify other resources that may be available to the | |
| 8556 | - | 264.20participant to meet the needs of the family and inform the participant of the right to appeal | |
| 8557 | - | 264.21the disqualification under section 256J.40. If a face-to-face meeting is not possible, a county | |
| 8558 | - | 264.22agency must send the participant a notice of adverse action as provided in section 256J.31, | |
| 8559 | - | 264.23subdivisions 4 and 5, and must include the information required in the face-to-face meeting. | |
| 8560 | - | 264.24 (c) For the purposes of this subdivision, "drug offense" means an offense that occurred | |
| 8561 | - | 264.25during the previous ten years from the date of application or recertification of sections | |
| 8562 | - | 264.26152.021 to 152.025, 152.0261, 152.0262, 152.096, or 152.137. Drug offense also means a | |
| 8563 | - | 264.27conviction in another jurisdiction of the possession, use, or distribution of a controlled | |
| 8564 | - | 264.28substance, or conspiracy to commit any of these offenses, if the offense occurred during | |
| 8565 | - | 264.29the previous ten years from the date of application or recertification and the conviction is | |
| 8566 | - | 264.30a felony offense in that jurisdiction, or in the case of New Jersey, a high misdemeanor for | |
| 8567 | - | 264.31a crime that would be a felony if committed in Minnesota. | |
| 8568 | - | 264.32 (d) This subdivision does not apply for convictions or positive test results related to | |
| 8569 | - | 264.33cannabis, marijuana, or tetrahydrocannabinols. | |
| 8570 | - | 264Article 6 Sec. 48. | |
| 8571 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 265.1Sec. 49. Minnesota Statutes 2022, section 256J.26, subdivision 3, is amended to read: | |
| 8572 | - | 265.2 Subd. 3.Fleeing felons.An individual who is fleeing to avoid prosecution, or custody, | |
| 8573 | - | 265.3or confinement after conviction for a crime that is a felony under the laws of the jurisdiction | |
| 8574 | - | 265.4from which the individual flees, or in the case of New Jersey, is a high misdemeanor, would | |
| 8575 | - | 265.5be a felony if committed in Minnesota, is disqualified from receiving MFIP. | |
| 8576 | - | 265.6Sec. 50. Minnesota Statutes 2022, section 340A.402, subdivision 1, is amended to read: | |
| 8577 | - | 265.7 Subdivision 1.Disqualifiers.No retail license may be issued to: | |
| 8578 | - | 265.8 (1) a person under 21 years of age; | |
| 8579 | - | 265.9 (2) a person who has had an intoxicating liquor or 3.2 percent malt liquor license revoked | |
| 8580 | - | 265.10within five years of the license application, or to any person who at the time of the violation | |
| 8581 | - | 265.11owns any interest, whether as a holder of more than five percent of the capital stock of a | |
| 8582 | - | 265.12corporation licensee, as a partner or otherwise, in the premises or in the business conducted | |
| 8583 | - | 265.13thereon, or to a corporation, partnership, association, enterprise, business, or firm in which | |
| 8584 | - | 265.14any such person is in any manner interested; | |
| 8585 | - | 265.15 (3) a person not of good moral character and repute; or | |
| 8586 | - | 265.16 (4) a person who: | |
| 8587 | - | 265.17 (i) has had a license or registration issued pursuant to chapter 342 or section 151.72, | |
| 8588 | - | 265.18subdivision 5b, revoked; | |
| 8589 | - | 265.19 (ii) has been convicted of an offense under section 151.72, subdivision 7; or | |
| 8590 | - | 265.20 (iii) has been convicted under any other statute for the illegal sale of marijuana, cannabis | |
| 8591 | - | 265.21flower, cannabis products, lower-potency hemp edibles, hemp-derived consumer products, | |
| 8592 | - | 265.22or edible cannabinoid products and the sale took place on the premises of a business that | |
| 8593 | - | 265.23sells intoxicating liquor or 3.2 percent malt liquor to customers; or | |
| 8594 | - | 265.24 (4) (5) a person who has a direct or indirect interest in a manufacturer, brewer, or | |
| 8595 | - | 265.25wholesaler. | |
| 8596 | - | 265.26 In addition, no new retail license may be issued to, and the governing body of a | |
| 8597 | - | 265.27municipality may refuse to renew the license of, a person who, within five years of the | |
| 8598 | - | 265.28license application, has been convicted of a felony or a willful violation of a federal or state | |
| 8599 | - | 265.29law or local ordinance governing the manufacture, sale, distribution, or possession for sale | |
| 8600 | - | 265.30or distribution of an alcoholic beverage. The Alcohol and Gambling Enforcement Division | |
| 8601 | - | 265.31or licensing authority may require that fingerprints be taken and forwarded to the Federal | |
| 8602 | - | 265.32Bureau of Investigation for purposes of a criminal history check. | |
| 8603 | - | 265Article 6 Sec. 50. | |
| 8604 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 266.1Sec. 51. [340A.4022] RETAIL LICENSE NOT PROHIBITED; LOWER-POTENCY | |
| 8605 | - | 266.2HEMP EDIBLES. | |
| 8606 | - | 266.3 (a) Nothing in this chapter: | |
| 8607 | - | 266.4 (1) prohibits the issuance of a retail license or permit to a person also holding a hemp | |
| 8608 | - | 266.5business license authorizing the manufacture or retail sale of lower-potency hemp edibles; | |
| 8609 | - | 266.6 (2) allows any agreement between a licensing authority and retail license or permit holder | |
| 8610 | - | 266.7that prohibits the license or permit holder from also holding a lower-potency hemp edible | |
| 8611 | - | 266.8manufacturer or retailer license; or | |
| 8612 | - | 266.9 (3) allows the revocation or suspension of a retail license or permit, or the imposition | |
| 8613 | - | 266.10of a penalty on a retail license or permit holder, due to the retail license or permit holder | |
| 8614 | - | 266.11also holding a lower-potency hemp edible manufacturer or retailer license. | |
| 8615 | - | 266.12 (b) For purposes of this section, "hemp business license authorizing manufacture or | |
| 8616 | - | 266.13retail sale of lower-potency hemp edibles" means a license issued by the Office of Cannabis | |
| 8617 | - | 266.14Management pursuant to sections 342.43 to 342.46. | |
| 8618 | - | 266.15Sec. 52. Minnesota Statutes 2022, section 340A.412, subdivision 14, is amended to read: | |
| 8619 | - | 266.16 Subd. 14.Exclusive liquor stores.(a) Except as otherwise provided in this subdivision, | |
| 8620 | - | 266.17an exclusive liquor store may sell only the following items: | |
| 8621 | - | 266.18 (1) alcoholic beverages; | |
| 8622 | - | 266.19 (2) tobacco products; | |
| 8623 | - | 266.20 (3) ice; | |
| 8624 | - | 266.21 (4) beverages, either liquid or powder, specifically designated for mixing with intoxicating | |
| 8625 | - | 266.22liquor; | |
| 8626 | - | 266.23 (5) soft drinks; | |
| 8627 | - | 266.24 (6) liqueur-filled candies; | |
| 8628 | - | 266.25 (7) food products that contain more than one-half of one percent alcohol by volume; | |
| 8629 | - | 266.26 (8) cork extraction devices; | |
| 8630 | - | 266.27 (9) books and videos on the use of alcoholic beverages; | |
| 8631 | - | 266.28 (10) magazines and other publications published primarily for information and education | |
| 8632 | - | 266.29on alcoholic beverages; | |
| 8633 | - | 266.30 (11) multiple-use bags designed to carry purchased items; | |
| 8634 | - | 266Article 6 Sec. 52. | |
| 8635 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 267.1 (12) devices designed to ensure safe storage and monitoring of alcohol in the home, to | |
| 8636 | - | 267.2prevent access by underage drinkers; | |
| 8637 | - | 267.3 (13) home brewing equipment; | |
| 8638 | - | 267.4 (14) clothing marked with the specific name, brand, or identifying logo of the exclusive | |
| 8639 | - | 267.5liquor store, and bearing no other name, brand, or identifying logo; | |
| 8640 | - | 267.6 (15) citrus fruit; and | |
| 8641 | - | 267.7 (16) glassware.; | |
| 8642 | - | 267.8 (17) lower-potency hemp edibles as defined in section 342.01, subdivision 50; and | |
| 8643 | - | 267.9 (18) products that detect the presence of fentanyl or a fentanyl analog. | |
| 8644 | - | 267.10 (b) An exclusive liquor store that has an on-sale, or combination on-sale and off-sale | |
| 8645 | - | 267.11license may sell food for on-premise consumption when authorized by the municipality | |
| 8646 | - | 267.12issuing the license. | |
| 8647 | - | 267.13 (c) An exclusive liquor store may offer live or recorded entertainment. | |
| 8648 | - | 267.14 EFFECTIVE DATE.This section is effective March 1, 2025. | |
| 8649 | - | 267.15Sec. 53. Minnesota Statutes 2022, section 461.12, is amended by adding a subdivision to | |
| 8650 | - | 267.16read: | |
| 8651 | - | 267.17 Subd. 2a.Penalties for sales of certain products; licensees.(a) A licensee's authority | |
| 8652 | - | 267.18to sell tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia | |
| 8653 | - | 267.19delivery products at that location must be suspended for not less than seven days and may | |
| 8654 | - | 267.20be revoked if the licensee: | |
| 8655 | - | 267.21 (1) holds a license or registration issued pursuant to chapter 342 or section 151.72, | |
| 8656 | - | 267.22subdivision 5b, and the license or registration is revoked; | |
| 8657 | - | 267.23 (2) is convicted of an offense under section 151.72, subdivision 7; or | |
| 8658 | - | 267.24 (3) has been convicted under any other statute for the illegal sale of marijuana, cannabis | |
| 8659 | - | 267.25flower, cannabis products, lower-potency hemp edibles, hemp-derived consumer products, | |
| 8660 | - | 267.26or edible cannabinoid products and the sale took place on the premises of a business that | |
| 8661 | - | 267.27sells tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia | |
| 8662 | - | 267.28delivery products. | |
| 8663 | - | 267.29 (b) No suspension, revocation, or other penalty may take effect until the licensee has | |
| 8664 | - | 267.30received notice, served personally or by mail, of the alleged violation and an opportunity | |
| 8665 | - | 267Article 6 Sec. 53. | |
| 8666 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 268.1for a hearing before a person authorized by the licensing authority to conduct the hearing. | |
| 8667 | - | 268.2A decision that a violation has occurred must be in writing. | |
| 8668 | - | 268.3Sec. 54. Minnesota Statutes 2022, section 484.014, subdivision 3, is amended to read: | |
| 8669 | - | 268.4 Subd. 3.Mandatory expungement.(a) The court shall order expungement of an eviction | |
| 8670 | - | 268.5case commenced solely on the grounds provided in section 504B.285, subdivision 1, clause | |
| 8671 | - | 268.6(1), if the court finds that the defendant occupied real property that was subject to contract | |
| 8672 | - | 268.7for deed cancellation or mortgage foreclosure and: | |
| 8673 | - | 268.8 (1) the time for contract cancellation or foreclosure redemption has expired and the | |
| 8674 | - | 268.9defendant vacated the property prior to commencement of the eviction action; or | |
| 8675 | - | 268.10 (2) the defendant was a tenant during the contract cancellation or foreclosure redemption | |
| 8676 | - | 268.11period and did not receive a notice under section 504B.285, subdivision 1a, 1b, or 1c, to | |
| 8677 | - | 268.12vacate on a date prior to commencement of the eviction case. | |
| 8678 | - | 268.13 (b) If a tenant brings a motion for the expungement of an eviction, the court shall order | |
| 8679 | - | 268.14the expungement of an eviction case that was commenced on the grounds of a violation of | |
| 8680 | - | 268.15section 504B.171 or any other claim of breach regardless of when the original eviction was | |
| 8681 | - | 268.16ordered, if the tenant could receive an automatic expungement under section 609A.055, or | |
| 8682 | - | 268.17if the breach was based solely on the possession of marijuana or tetrahydrocannabinols. | |
| 8683 | - | 268.18Sec. 55. Minnesota Statutes 2022, section 504B.171, subdivision 1, is amended to read: | |
| 8684 | - | 268.19 Subdivision 1.Terms of covenant.(a) In every lease or license of residential premises, | |
| 8685 | - | 268.20whether in writing or parol, the landlord or licensor and the tenant or licensee covenant that: | |
| 8686 | - | 268.21 (1) neither will: | |
| 8687 | - | 268.22 (i) unlawfully allow controlled substances in those premises or in the common area and | |
| 8688 | - | 268.23curtilage of the premises in violation of any criminal provision of chapter 152; | |
| 8689 | - | 268.24 (ii) allow prostitution or prostitution-related activity as defined in section 617.80, | |
| 8690 | - | 268.25subdivision 4, to occur on the premises or in the common area and curtilage of the premises; | |
| 8691 | - | 268.26 (iii) allow the unlawful use or possession of a firearm in violation of section 609.66, | |
| 8692 | - | 268.27subdivision 1a, 609.67, or 624.713, on the premises or in the common area and curtilage of | |
| 8693 | - | 268.28the premises; or | |
| 8694 | - | 268.29 (iv) allow stolen property or property obtained by robbery in those premises or in the | |
| 8695 | - | 268.30common area and curtilage of the premises; and | |
| 8696 | - | 268Article 6 Sec. 55. | |
| 8697 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 269.1 (2) the common area and curtilage of the premises will not be used by either the landlord | |
| 8698 | - | 269.2or licensor or the tenant or licensee or others acting under the control of either to manufacture, | |
| 8699 | - | 269.3sell, give away, barter, deliver, exchange, distribute, purchase, or possess a controlled | |
| 8700 | - | 269.4substance in violation of any criminal provision of chapter 152. The covenant is not violated | |
| 8701 | - | 269.5when a person other than the landlord or licensor or the tenant or licensee possesses or | |
| 8702 | - | 269.6allows controlled substances in the premises, common area, or curtilage, unless the landlord | |
| 8703 | - | 269.7or licensor or the tenant or licensee knew or had reason to know of that activity. | |
| 8704 | - | 269.8 (b) In every lease or license of residential premises, whether in writing or parol, the | |
| 8705 | - | 269.9tenant or licensee covenant that the tenant or licensee will not commit an act enumerated | |
| 8706 | - | 269.10under section 504B.206, subdivision 1, paragraph (a), against a tenant or licensee or any | |
| 8707 | - | 269.11authorized occupant. | |
| 8708 | - | 269.12 (c) A landlord cannot prohibit a tenant from legally possessing, and a tenant cannot | |
| 8709 | - | 269.13waive the right to legally possess, any cannabis products, lower-potency hemp edibles, or | |
| 8710 | - | 269.14hemp-derived consumer products, or using any cannabinoid product or hemp-derived | |
| 8711 | - | 269.15consumer product, other than consumption by combustion or vaporization of the product | |
| 8712 | - | 269.16and inhalation of smoke, aerosol, or vapor from the product. | |
| 8713 | - | 269.17Sec. 56. [504B.1715] COVENANTS; SOBER HOMES. | |
| 8714 | - | 269.18 A sober housing program for people with substance use disorders may prohibit people | |
| 8715 | - | 269.19in the program from the possession and use of cannabis flower, cannabis products, | |
| 8716 | - | 269.20lower-potency hemp edibles, or hemp-derived consumer products. | |
| 8717 | - | 269.21Sec. 57. Minnesota Statutes 2022, section 609B.425, subdivision 2, is amended to read: | |
| 8718 | - | 269.22 Subd. 2.Benefit eligibility.(a) A person convicted of a drug offense after July 1, 1997, | |
| 8719 | - | 269.23is ineligible for general assistance benefits and Supplemental Security Income under chapter | |
| 8720 | - | 269.24256D until: | |
| 8721 | - | 269.25 (1) five years after completing the terms of a court-ordered sentence; or | |
| 8722 | - | 269.26 (2) unless the person is participating in a drug treatment program, has successfully | |
| 8723 | - | 269.27completed a program, or has been determined not to be in need of a drug treatment program. | |
| 8724 | - | 269.28 (b) A person who becomes eligible for assistance under chapter 256D is subject to | |
| 8725 | - | 269.29random drug testing and shall lose eligibility for benefits for five years beginning the month | |
| 8726 | - | 269.30following: | |
| 8727 | - | 269.31 (1) any positive test for an illegal controlled substance; or | |
| 8728 | - | 269Article 6 Sec. 57. | |
| 8729 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 270.1 (2) discharge of sentence for conviction of another drug felony. | |
| 8730 | - | 270.2 (c) Parole violators and fleeing felons are ineligible for benefits and persons fraudulently | |
| 8731 | - | 270.3misrepresenting eligibility are also ineligible to receive benefits for ten years. | |
| 8732 | - | 270.4 (d) This subdivision does not apply for convictions or positive test results related to | |
| 8733 | - | 270.5cannabis, marijuana, or tetrahydrocannabinols. | |
| 8734 | - | 270.6Sec. 58. Minnesota Statutes 2022, section 609B.435, subdivision 2, is amended to read: | |
| 8735 | - | 270.7 Subd. 2.Drug offenders; random testing; sanctions.A person who is an applicant for | |
| 8736 | - | 270.8benefits from the Minnesota family investment program or MFIP, the vehicle for temporary | |
| 8737 | - | 270.9assistance for needy families or TANF, and who has been convicted of a drug offense shall | |
| 8738 | - | 270.10be subject to certain conditions, including random drug testing, in order to receive MFIP | |
| 8739 | - | 270.11benefits. Following any positive test for a controlled substance, the convicted applicant or | |
| 8740 | - | 270.12participant is subject to the following sanctions: | |
| 8741 | - | 270.13 (1) a first time drug test failure results in a reduction of benefits in an amount equal to | |
| 8742 | - | 270.1430 percent of the MFIP standard of need; and | |
| 8743 | - | 270.15 (2) a second time drug test failure results in permanent disqualification from receiving | |
| 8744 | - | 270.16MFIP assistance. | |
| 8745 | - | 270.17A similar disqualification sequence occurs if the applicant is receiving Supplemental Nutrition | |
| 8746 | - | 270.18Assistance Program (SNAP) benefits. | |
| 8747 | - | 270.19This subdivision does not apply for convictions or positive test results related to cannabis, | |
| 8748 | - | 270.20marijuana, or tetrahydrocannabinols. | |
| 8749 | - | 270.21Sec. 59. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 8750 | - | 270.22to read: | |
| 8751 | - | 270.23 Subd. 13.Adult-use cannabis flower."Adult-use cannabis flower" has the meaning | |
| 8752 | - | 270.24given in section 342.01, subdivision 3. | |
| 8753 | - | 270.25Sec. 60. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 8754 | - | 270.26to read: | |
| 8755 | - | 270.27 Subd. 14.Adult-use cannabis product."Adult-use cannabis product" has the meaning | |
| 8756 | - | 270.28given in section 342.01, subdivision 4. | |
| 8757 | - | 270Article 6 Sec. 60. | |
| 8758 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 271.1Sec. 61. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 8759 | - | 271.2to read: | |
| 8760 | - | 271.3 Subd. 15.Medical cannabis flower."Medical cannabis flower" has the meaning given | |
| 8761 | - | 271.4in section 342.01, subdivision 54. | |
| 8762 | - | 271.5Sec. 62. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 8763 | - | 271.6to read: | |
| 8764 | - | 271.7 Subd. 16.Medical cannabinoid product."Medical cannabinoid product" has the | |
| 8765 | - | 271.8meaning given in section 342.01, subdivision 52. | |
| 8766 | - | 271.9Sec. 63. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 8767 | - | 271.10to read: | |
| 8768 | - | 271.11 Subd. 17.Patient."Patient" has the meaning given in section 342.01, subdivision 59. | |
| 8769 | - | 271.12Sec. 64. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 8770 | - | 271.13to read: | |
| 8771 | - | 271.14 Subd. 18.Qualifying medical condition."Qualifying medical condition" has the meaning | |
| 8772 | - | 271.15given in section 342.01, subdivision 63. | |
| 8773 | - | 271.16Sec. 65. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 8774 | - | 271.17to read: | |
| 8775 | - | 271.18 Subd. 19.Registry or registry program."Registry" or "registry program" has the | |
| 8776 | - | 271.19meaning given in section 342.01, subdivision 65. | |
| 8777 | - | 271.20Sec. 66. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 8778 | - | 271.21to read: | |
| 8779 | - | 271.22 Subd. 20.Hemp-derived consumer product."Hemp-derived consumer product" has | |
| 8780 | - | 271.23the meaning given in section 342.01, subdivision 37. | |
| 8781 | - | 271.24Sec. 67. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 8782 | - | 271.25to read: | |
| 8783 | - | 271.26 Subd. 21.Lower-potency hemp edible."Lower-potency hemp edible" has the meaning | |
| 8784 | - | 271.27given in section 342.01, subdivision 50. | |
| 8785 | - | 271Article 6 Sec. 67. | |
| 8786 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 272.1Sec. 68. Minnesota Statutes 2022, section 624.713, subdivision 1, is amended to read: | |
| 8787 | - | 272.2 Subdivision 1.Ineligible persons.The following persons shall not be entitled to possess | |
| 8788 | - | 272.3ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause | |
| 8789 | - | 272.4(1), any other firearm: | |
| 8790 | - | 272.5 (1) a person under the age of 18 years except that a person under 18 may possess | |
| 8791 | - | 272.6ammunition designed for use in a firearm that the person may lawfully possess and may | |
| 8792 | - | 272.7carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual | |
| 8793 | - | 272.8presence or under the direct supervision of the person's parent or guardian, (ii) for the | |
| 8794 | - | 272.9purpose of military drill under the auspices of a legally recognized military organization | |
| 8795 | - | 272.10and under competent supervision, (iii) for the purpose of instruction, competition, or target | |
| 8796 | - | 272.11practice on a firing range approved by the chief of police or county sheriff in whose | |
| 8797 | - | 272.12jurisdiction the range is located and under direct supervision; or (iv) if the person has | |
| 8798 | - | 272.13successfully completed a course designed to teach marksmanship and safety with a pistol | |
| 8799 | - | 272.14or semiautomatic military-style assault weapon and approved by the commissioner of natural | |
| 8800 | - | 272.15resources; | |
| 8801 | - | 272.16 (2) except as otherwise provided in clause (9), a person who has been convicted of, or | |
| 8802 | - | 272.17adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in | |
| 8803 | - | 272.18this state or elsewhere, a crime of violence. For purposes of this section, crime of violence | |
| 8804 | - | 272.19includes crimes in other states or jurisdictions which would have been crimes of violence | |
| 8805 | - | 272.20as herein defined if they had been committed in this state; | |
| 8806 | - | 272.21 (3) a person who is or has ever been committed in Minnesota or elsewhere by a judicial | |
| 8807 | - | 272.22determination that the person is mentally ill, developmentally disabled, or mentally ill and | |
| 8808 | - | 272.23dangerous to the public, as defined in section 253B.02, to a treatment facility, or who has | |
| 8809 | - | 272.24ever been found incompetent to stand trial or not guilty by reason of mental illness, unless | |
| 8810 | - | 272.25the person's ability to possess a firearm and ammunition has been restored under subdivision | |
| 8811 | - | 272.264; | |
| 8812 | - | 272.27 (4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or | |
| 8813 | - | 272.28gross misdemeanor violation of chapter 152, unless three years have elapsed since the date | |
| 8814 | - | 272.29of conviction and, during that time, the person has not been convicted of any other such | |
| 8815 | - | 272.30violation of chapter 152 or a similar law of another state; or a person who is or has ever | |
| 8816 | - | 272.31been committed by a judicial determination for treatment for the habitual use of a controlled | |
| 8817 | - | 272.32substance or marijuana, as defined in sections 152.01 and 152.02, unless the person's ability | |
| 8818 | - | 272.33to possess a firearm and ammunition has been restored under subdivision 4; | |
| 8819 | - | 272Article 6 Sec. 68. | |
| 8820 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 273.1 (5) a person who has been committed to a treatment facility in Minnesota or elsewhere | |
| 8821 | - | 273.2by a judicial determination that the person is chemically dependent as defined in section | |
| 8822 | - | 273.3253B.02, unless the person has completed treatment or the person's ability to possess a | |
| 8823 | - | 273.4firearm and ammunition has been restored under subdivision 4. Property rights may not be | |
| 8824 | - | 273.5abated but access may be restricted by the courts; | |
| 8825 | - | 273.6 (6) a peace officer who is informally admitted to a treatment facility pursuant to section | |
| 8826 | - | 273.7253B.04 for chemical dependency, unless the officer possesses a certificate from the head | |
| 8827 | - | 273.8of the treatment facility discharging or provisionally discharging the officer from the | |
| 8828 | - | 273.9treatment facility. Property rights may not be abated but access may be restricted by the | |
| 8829 | - | 273.10courts; | |
| 8830 | - | 273.11 (7) a person, including a person under the jurisdiction of the juvenile court, who has | |
| 8831 | - | 273.12been charged with committing a crime of violence and has been placed in a pretrial diversion | |
| 8832 | - | 273.13program by the court before disposition, until the person has completed the diversion program | |
| 8833 | - | 273.14and the charge of committing the crime of violence has been dismissed; | |
| 8834 | - | 273.15 (8) except as otherwise provided in clause (9), a person who has been convicted in | |
| 8835 | - | 273.16another state of committing an offense similar to the offense described in section 609.224, | |
| 8836 | - | 273.17subdivision 3, against a family or household member or section 609.2242, subdivision 3, | |
| 8837 | - | 273.18unless three years have elapsed since the date of conviction and, during that time, the person | |
| 8838 | - | 273.19has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242, | |
| 8839 | - | 273.20subdivision 3, or a similar law of another state; | |
| 8840 | - | 273.21 (9) a person who has been convicted in this state or elsewhere of assaulting a family or | |
| 8841 | - | 273.22household member and who was found by the court to have used a firearm in any way | |
| 8842 | - | 273.23during commission of the assault is prohibited from possessing any type of firearm or | |
| 8843 | - | 273.24ammunition for the period determined by the sentencing court; | |
| 8844 | - | 273.25 (10) a person who: | |
| 8845 | - | 273.26 (i) has been convicted in any court of a crime punishable by imprisonment for a term | |
| 8846 | - | 273.27exceeding one year; | |
| 8847 | - | 273.28 (ii) is a fugitive from justice as a result of having fled from any state to avoid prosecution | |
| 8848 | - | 273.29for a crime or to avoid giving testimony in any criminal proceeding; | |
| 8849 | - | 273.30 (iii) is an unlawful user of any controlled substance as defined in chapter 152. The use | |
| 8850 | - | 273.31of medical cannabis flower or medical cannabinoid products by a patient enrolled in the | |
| 8851 | - | 273.32registry program or the use of adult-use cannabis flower, adult-use cannabis products, | |
| 8852 | - | 273Article 6 Sec. 68. | |
| 8853 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 274.1lower-potency hemp edibles, or hemp-derived consumer products by a person 21 years of | |
| 8854 | - | 274.2age or older does not constitute the unlawful use of a controlled substance under this item; | |
| 8855 | - | 274.3 (iv) has been judicially committed to a treatment facility in Minnesota or elsewhere as | |
| 8856 | - | 274.4a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the | |
| 8857 | - | 274.5public, as defined in section 253B.02; | |
| 8858 | - | 274.6 (v) is an alien who is illegally or unlawfully in the United States; | |
| 8859 | - | 274.7 (vi) has been discharged from the armed forces of the United States under dishonorable | |
| 8860 | - | 274.8conditions; | |
| 8861 | - | 274.9 (vii) has renounced the person's citizenship having been a citizen of the United States; | |
| 8862 | - | 274.10or | |
| 8863 | - | 274.11 (viii) is disqualified from possessing a firearm under United States Code, title 18, section | |
| 8864 | - | 274.12922(g)(8) or (9), as amended through March 1, 2014; | |
| 8865 | - | 274.13 (11) a person who has been convicted of the following offenses at the gross misdemeanor | |
| 8866 | - | 274.14level, unless three years have elapsed since the date of conviction and, during that time, the | |
| 8867 | - | 274.15person has not been convicted of any other violation of these sections: section 609.229 | |
| 8868 | - | 274.16(crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated | |
| 8869 | - | 274.17by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child); | |
| 8870 | - | 274.18609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71 | |
| 8871 | - | 274.19(riot); or 609.749 (harassment or stalking). For purposes of this paragraph, the specified | |
| 8872 | - | 274.20gross misdemeanor convictions include crimes committed in other states or jurisdictions | |
| 8873 | - | 274.21which would have been gross misdemeanors if conviction occurred in this state; | |
| 8874 | - | 274.22 (12) a person who has been convicted of a violation of section 609.224 if the court | |
| 8875 | - | 274.23determined that the assault was against a family or household member in accordance with | |
| 8876 | - | 274.24section 609.2242, subdivision 3 (domestic assault), unless three years have elapsed since | |
| 8877 | - | 274.25the date of conviction and, during that time, the person has not been convicted of another | |
| 8878 | - | 274.26violation of section 609.224 or a violation of a section listed in clause (11); or | |
| 8879 | - | 274.27 (13) a person who is subject to an order for protection as described in section 260C.201, | |
| 8880 | - | 274.28subdivision 3, paragraph (d), or 518B.01, subdivision 6, paragraph (g). | |
| 8881 | - | 274.29 A person who issues a certificate pursuant to this section in good faith is not liable for | |
| 8882 | - | 274.30damages resulting or arising from the actions or misconduct with a firearm or ammunition | |
| 8883 | - | 274.31committed by the individual who is the subject of the certificate. | |
| 8884 | - | 274.32 The prohibition in this subdivision relating to the possession of firearms other than | |
| 8885 | - | 274.33pistols and semiautomatic military-style assault weapons does not apply retroactively to | |
| 8886 | - | 274Article 6 Sec. 68. | |
| 8887 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 275.1persons who are prohibited from possessing a pistol or semiautomatic military-style assault | |
| 8888 | - | 275.2weapon under this subdivision before August 1, 1994. | |
| 8889 | - | 275.3 The lifetime prohibition on possessing, receiving, shipping, or transporting firearms and | |
| 8890 | - | 275.4ammunition for persons convicted or adjudicated delinquent of a crime of violence in clause | |
| 8891 | - | 275.5(2), applies only to offenders who are discharged from sentence or court supervision for a | |
| 8892 | - | 275.6crime of violence on or after August 1, 1993. | |
| 8893 | - | 275.7 Participation as a patient in the registry program or use of adult-use cannabis flower, | |
| 8894 | - | 275.8adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 8895 | - | 275.9products by a person 21 years of age or older does not disqualify the person from possessing | |
| 8896 | - | 275.10firearms and ammunition under this section. | |
| 8897 | - | 275.11 For purposes of this section, "judicial determination" means a court proceeding pursuant | |
| 8898 | - | 275.12to sections 253B.07 to 253B.09 or a comparable law from another state. | |
| 8899 | - | 275.13Sec. 69. Minnesota Statutes 2022, section 624.714, subdivision 6, is amended to read: | |
| 8900 | - | 275.14 Subd. 6.Granting and denial of permits.(a) The sheriff must, within 30 days after the | |
| 8901 | - | 275.15date of receipt of the application packet described in subdivision 3: | |
| 8902 | - | 275.16 (1) issue the permit to carry; | |
| 8903 | - | 275.17 (2) deny the application for a permit to carry solely on the grounds that the applicant | |
| 8904 | - | 275.18failed to qualify under the criteria described in subdivision 2, paragraph (b); or | |
| 8905 | - | 275.19 (3) deny the application on the grounds that there exists a substantial likelihood that the | |
| 8906 | - | 275.20applicant is a danger to self or the public if authorized to carry a pistol under a permit. | |
| 8907 | - | 275.21 (b) Failure of the sheriff to notify the applicant of the denial of the application within | |
| 8908 | - | 275.2230 days after the date of receipt of the application packet constitutes issuance of the permit | |
| 8909 | - | 275.23to carry and the sheriff must promptly fulfill the requirements under paragraph (c). To deny | |
| 8910 | - | 275.24the application, the sheriff must provide the applicant with written notification and the | |
| 8911 | - | 275.25specific factual basis justifying the denial under paragraph (a), clause (2) or (3), including | |
| 8912 | - | 275.26the source of the factual basis. The sheriff must inform the applicant of the applicant's right | |
| 8913 | - | 275.27to submit, within 20 business days, any additional documentation relating to the propriety | |
| 8914 | - | 275.28of the denial. Upon receiving any additional documentation, the sheriff must reconsider the | |
| 8915 | - | 275.29denial and inform the applicant within 15 business days of the result of the reconsideration. | |
| 8916 | - | 275.30Any denial after reconsideration must be in the same form and substance as the original | |
| 8917 | - | 275.31denial and must specifically address any continued deficiencies in light of the additional | |
| 8918 | - | 275.32documentation submitted by the applicant. The applicant must be informed of the right to | |
| 8919 | - | 275.33seek de novo review of the denial as provided in subdivision 12. | |
| 8920 | - | 275Article 6 Sec. 69. | |
| 8921 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 276.1 (c) Upon issuing a permit to carry, the sheriff must provide a laminated permit card to | |
| 8922 | - | 276.2the applicant by first class mail unless personal delivery has been made. Within five business | |
| 8923 | - | 276.3days, the sheriff must submit the information specified in subdivision 7, paragraph (a), to | |
| 8924 | - | 276.4the commissioner for inclusion solely in the database required under subdivision 15, | |
| 8925 | - | 276.5paragraph (a). The sheriff must transmit the information in a manner and format prescribed | |
| 8926 | - | 276.6by the commissioner. | |
| 8927 | - | 276.7 (d) Within five business days of learning that a permit to carry has been suspended or | |
| 8928 | - | 276.8revoked, the sheriff must submit information to the commissioner regarding the suspension | |
| 8929 | - | 276.9or revocation for inclusion solely in the databases required or permitted under subdivision | |
| 8930 | - | 276.1015. | |
| 8931 | - | 276.11 (e) Notwithstanding paragraphs (a) and (b), the sheriff may suspend the application | |
| 8932 | - | 276.12process if a charge is pending against the applicant that, if resulting in conviction, will | |
| 8933 | - | 276.13prohibit the applicant from possessing a firearm. | |
| 8934 | - | 276.14 (f) A sheriff shall not deny an application for a permit to carry solely because the applicant | |
| 8935 | - | 276.15is a patient enrolled in the registry program and uses medical cannabis flower or medical | |
| 8936 | - | 276.16cannabinoid products for a qualifying medical condition or because the person is 21 years | |
| 8937 | - | 276.17of age or older and uses adult-use cannabis flower, adult-use cannabis products, | |
| 8938 | - | 276.18lower-potency hemp edibles, or hemp-derived consumer products. | |
| 8939 | - | 276.19Sec. 70. Minnesota Statutes 2022, section 624.7151, is amended to read: | |
| 8940 | - | 276.20 624.7151 STANDARDIZED FORMS. | |
| 8941 | - | 276.21 By December 1, 1992, the commissioner shall adopt statewide standards governing the | |
| 8942 | - | 276.22form and contents, as required by sections 624.7131 to 624.714, of every application for a | |
| 8943 | - | 276.23pistol transferee permit, pistol transferee permit, report of transfer of a pistol, application | |
| 8944 | - | 276.24for a permit to carry a pistol, and permit to carry a pistol that is granted or renewed on or | |
| 8945 | - | 276.25after January 1, 1993. | |
| 8946 | - | 276.26 Every application for a pistol transferee permit, pistol transferee permit, report of transfer | |
| 8947 | - | 276.27of a pistol, application for a permit to carry a pistol, and permit to carry a pistol that is | |
| 8948 | - | 276.28received, granted, or renewed by a police chief or county sheriff on or after January 1, 1993, | |
| 8949 | - | 276.29must meet the statewide standards adopted by the commissioner. Notwithstanding the | |
| 8950 | - | 276.30previous sentence, neither failure of the Department of Public Safety to adopt standards nor | |
| 8951 | - | 276.31failure of the police chief or county sheriff to meet them shall delay the timely processing | |
| 8952 | - | 276.32of applications nor invalidate permits issued on other forms meeting the requirements of | |
| 8953 | - | 276.33sections 624.7131 to 624.714. | |
| 8954 | - | 276Article 6 Sec. 70. | |
| 8955 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 277.1 Any form used for the purpose of approving or disapproving a person from purchasing, | |
| 8956 | - | 277.2owning, possessing, or carrying a firearm that inquires about the applicant's use of controlled | |
| 8957 | - | 277.3substances shall specifically authorize a patient in the registry program to refrain from | |
| 8958 | - | 277.4reporting the use of medical cannabis flower and medical cannabinoid products and shall | |
| 8959 | - | 277.5specifically authorize a person 21 years of age or older from refraining from reporting the | |
| 8960 | - | 277.6use of adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, | |
| 8961 | - | 277.7or hemp-derived consumer products. | |
| 8962 | - | 277.8Sec. 71. [624.7152] LAWFUL CANNABIS USERS. | |
| 8963 | - | 277.9 (a) A person may not be denied the right to purchase, own, possess, or carry a firearm | |
| 8964 | - | 277.10solely on the basis that the person is a patient in the registry program. | |
| 8965 | - | 277.11 (b) A person may not be denied the right to purchase, own, possess, or carry a firearm | |
| 8966 | - | 277.12solely on the basis that the person is 21 years of age or older and uses adult-use cannabis | |
| 8967 | - | 277.13flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 8968 | - | 277.14products. | |
| 8969 | - | 277.15 (c) A state or local agency may not access a database containing the identities of patients | |
| 8970 | - | 277.16in the registry program to obtain information for the purpose of approving or disapproving | |
| 8971 | - | 277.17a person from purchasing, owning, possessing, or carrying a firearm. | |
| 8972 | - | 277.18 (d) A state or local agency may not use information gathered from a database containing | |
| 8973 | - | 277.19the identities of patients in the registry program to obtain information for the purpose of | |
| 8974 | - | 277.20approving or disapproving a person from purchasing, owning, possessing, or carrying a | |
| 8975 | - | 277.21firearm. | |
| 8976 | - | 277.22 (e) A state or local agency may not inquire about a person's status as a patient in the | |
| 8977 | - | 277.23registry program for the purpose of approving or disapproving the person from purchasing, | |
| 8978 | - | 277.24owning, possessing, or carrying a firearm. | |
| 8979 | - | 277.25 (f) A state or local agency may not inquire about the use of adult-use cannabis flower, | |
| 8980 | - | 277.26adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 8981 | - | 277.27products by a person 21 years of age or older for the purpose of approving or disapproving | |
| 8982 | - | 277.28the person from purchasing, owning, possessing, or carrying a firearm. | |
| 8983 | - | 277.29Sec. 72. HIGH INTENSITY DRUG TRAFFICKING AREA REPORT. | |
| 8984 | - | 277.30 The commissioner of public safety shall contract with Hennepin County to produce a | |
| 8985 | - | 277.31statewide baseline high intensity drug trafficking area report on marijuana. The report must | |
| 8986 | - | 277.32include information on past and present marijuana use in Minnesota; potency of marijuana; | |
| 8987 | - | 277Article 6 Sec. 72. | |
| 8988 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 278.1impacts of marijuana use on public health, emergency room admissions, traffic accidents, | |
| 8989 | - | 278.2impaired driving citations, workforce, and schools; marijuana crimes and the juvenile justice | |
| 8990 | - | 278.3system; marijuana's influence on the opioid epidemic; and the illicit market for marijuana. | |
| 8991 | - | 278.4The report must be submitted to the chairs and ranking minority members of the house of | |
| 8992 | - | 278.5representatives and senate committees with jurisdiction over public safety, health, education | |
| 8993 | - | 278.6policy, labor, and transportation by February 1, 2024. | |
| 8994 | - | 278.7Sec. 73. REPEALER. | |
| 8995 | - | 278.8 (a) Minnesota Statutes 2022, sections 152.22, subdivisions 1, 2, 3, 4, 5, 5a, 5b, 6, 7, 8, | |
| 8996 | - | 278.99, 10, 11, 12, 13, and 14; 152.23; 152.24; 152.25, subdivisions 1, 1a, 1b, 1c, 2, 3, and 4; | |
| 8997 | - | 278.10152.26; 152.261; 152.27, subdivisions 1, 2, 3, 4, 5, 6, and 7; 152.28, subdivisions 1, 2, and | |
| 8998 | - | 278.113; 152.29, subdivisions 1, 2, 3, 3a, and 4; 152.291; 152.30; 152.31; 152.32, subdivisions 1, | |
| 8999 | - | 278.122, and 3; 152.33, subdivisions 1, 1a, 2, 3, 4, 5, and 6; 152.34; 152.35; 152.36, subdivisions | |
| 9000 | - | 278.131, 1a, 2, 3, 4, and 5; and 152.37, are repealed. | |
| 9001 | - | 278.14 (b) Minnesota Statutes 2022, section 152.027, subdivisions 3 and 4, are repealed. | |
| 9002 | - | 278.15 (c) Minnesota Statutes 2022, section 152.21, is repealed. | |
| 9003 | - | 278.16 EFFECTIVE DATE.Paragraph (a) is effective March 1, 2025. Paragraph (b) is effective | |
| 9004 | - | 278.17August 1, 2023. Paragraph (c) is effective July 1, 2023. | |
| 9005 | - | 278.18 ARTICLE 7 | |
| 9006 | - | 278.19 TEMPORARY REGULATION OF CERTAIN PRODUCTS | |
| 9007 | - | 278.20Section 1. Minnesota Statutes 2022, section 34A.01, subdivision 4, is amended to read: | |
| 9008 | - | 278.21 Subd. 4.Food."Food" means every ingredient used for, entering into the consumption | |
| 9009 | - | 278.22of, or used or intended for use in the preparation of food, drink, confectionery, or condiment | |
| 9010 | - | 278.23for humans or other animals, whether simple, mixed, or compound; and articles used as | |
| 9011 | - | 278.24components of these ingredients, except that edible cannabinoid products, as defined in | |
| 9012 | - | 278.25section 151.72, subdivision 1, paragraph (c) (f), are not food. | |
| 9013 | - | 278.26 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 9014 | - | 278.27Sec. 2. Minnesota Statutes 2022, section 151.72, is amended to read: | |
| 9015 | - | 278.28 151.72 SALE OF CERTAIN CANNABINOID PRODUCTS. | |
| 9016 | - | 278.29 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have | |
| 9017 | - | 278.30the meanings given. | |
| 9018 | - | 278Article 7 Sec. 2. | |
| 9019 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 279.1 (a) "Artificially derived cannabinoid" means a cannabinoid extracted from a hemp plant | |
| 9020 | - | 279.2or hemp plant parts with a chemical makeup that is changed after extraction to create a | |
| 9021 | - | 279.3different cannabinoid or other chemical compound by applying a catalyst other than heat | |
| 9022 | - | 279.4or light. Artificially derived cannabinoid includes but is not limited to any | |
| 9023 | - | 279.5tetrahydrocannabinol created from cannabidiol. | |
| 9024 | - | 279.6 (b) "Batch" means a specific quantity of a specific product containing cannabinoids | |
| 9025 | - | 279.7derived from hemp, including an edible cannabinoid product, that is manufactured at the | |
| 9026 | - | 279.8same time and using the same methods, equipment, and ingredients that is uniform and | |
| 9027 | - | 279.9intended to meet specifications for identity, strength, purity, and composition, and that is | |
| 9028 | - | 279.10manufactured, packaged, and labeled according to a single batch production record executed | |
| 9029 | - | 279.11and documented. | |
| 9030 | - | 279.12 (b) (c) "Certified hemp" means hemp plants that have been tested and found to meet the | |
| 9031 | - | 279.13requirements of chapter 18K and the rules adopted thereunder. | |
| 9032 | - | 279.14 (d) "Commissioner" means the commissioner of health. | |
| 9033 | - | 279.15 (e) "Distributor" means a person who sells, arranges a sale, or delivers a product | |
| 9034 | - | 279.16containing cannabinoids derived from hemp, including an edible cannabinoid product, that | |
| 9035 | - | 279.17the person did not manufacture to a retail establishment for sale to consumers. Distributor | |
| 9036 | - | 279.18does not include a common carrier used only to complete delivery to a retailer. | |
| 9037 | - | 279.19 (c) (f) "Edible cannabinoid product" means any product that is intended to be eaten or | |
| 9038 | - | 279.20consumed as a beverage by humans, contains a cannabinoid in combination with food | |
| 9039 | - | 279.21ingredients, and is not a drug. | |
| 9040 | - | 279.22 (d) (g) "Hemp" has the meaning given to "industrial hemp" in section 18K.02, subdivision | |
| 9041 | - | 279.233. | |
| 9042 | - | 279.24 (e) (h) "Label" has the meaning given in section 151.01, subdivision 18. | |
| 9043 | - | 279.25 (f) (i) "Labeling" means all labels and other written, printed, or graphic matter that are: | |
| 9044 | - | 279.26 (1) affixed to the immediate container in which a product regulated under this section | |
| 9045 | - | 279.27is sold; | |
| 9046 | - | 279.28 (2) provided, in any manner, with the immediate container, including but not limited to | |
| 9047 | - | 279.29outer containers, wrappers, package inserts, brochures, or pamphlets; or | |
| 9048 | - | 279.30 (3) provided on that portion of a manufacturer's website that is linked by a scannable | |
| 9049 | - | 279.31barcode or matrix barcode. | |
| 9050 | - | 279Article 7 Sec. 2. | |
| 9051 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 280.1 (g) (j) "Matrix barcode" means a code that stores data in a two-dimensional array of | |
| 9052 | - | 280.2geometrically shaped dark and light cells capable of being read by the camera on a | |
| 9053 | - | 280.3smartphone or other mobile device. | |
| 9054 | - | 280.4 (h) (k) "Nonintoxicating cannabinoid" means substances extracted from certified hemp | |
| 9055 | - | 280.5plants that do not produce intoxicating effects when consumed by any route of administration. | |
| 9056 | - | 280.6 (l) "Synthetic cannabinoid" means a substance with a similar chemical structure and | |
| 9057 | - | 280.7pharmacological activity to a cannabinoid, but which is not extracted or derived from hemp | |
| 9058 | - | 280.8plants, or hemp plant parts and is instead created or produced by chemical or biochemical | |
| 9059 | - | 280.9synthesis. | |
| 9060 | - | 280.10 Subd. 2.Scope.(a) This section applies to the sale of any product that contains | |
| 9061 | - | 280.11cannabinoids extracted from hemp and that is an edible cannabinoid product or is intended | |
| 9062 | - | 280.12for human or animal consumption by any route of administration. | |
| 9063 | - | 280.13 (b) This section does not apply to any product dispensed by a registered medical cannabis | |
| 9064 | - | 280.14manufacturer pursuant to sections 152.22 to 152.37. | |
| 9065 | - | 280.15 (c) The board commissioner must have no authority over food products, as defined in | |
| 9066 | - | 280.16section 34A.01, subdivision 4, that do not contain cannabinoids extracted or derived from | |
| 9067 | - | 280.17hemp. | |
| 9068 | - | 280.18 Subd. 3.Sale of cannabinoids derived from hemp.(a) Notwithstanding any other | |
| 9069 | - | 280.19section of this chapter, a product containing nonintoxicating cannabinoids, including an | |
| 9070 | - | 280.20edible cannabinoid product, may be sold for human or animal consumption only if all of | |
| 9071 | - | 280.21the requirements of this section are met, provided that a product sold for human or animal | |
| 9072 | - | 280.22consumption does not contain more than 0.3 percent of any tetrahydrocannabinol and an | |
| 9073 | - | 280.23edible cannabinoid product does not contain an amount of any tetrahydrocannabinol that | |
| 9074 | - | 280.24exceeds the limits established in subdivision 5a, paragraph (f). | |
| 9075 | - | 280.25 (b) A product containing nonintoxicating cannabinoids, other than an edible cannabinoid | |
| 9076 | - | 280.26product, may be sold for human or animal consumption only if it is intended for application | |
| 9077 | - | 280.27externally to a part of the body of a human or animal. Such a product must not be | |
| 9078 | - | 280.28manufactured, marketed, distributed, or intended to be consumed: | |
| 9079 | - | 280.29 (1) by combustion or vaporization of the product and inhalation of smoke, aerosol, or | |
| 9080 | - | 280.30vapor from the product; | |
| 9081 | - | 280.31 (2) through chewing, drinking, or swallowing; or | |
| 9082 | - | 280.32 (3) through injection or application to a mucous membrane or nonintact skin. | |
| 9083 | - | 280Article 7 Sec. 2. | |
| 9084 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 281.1 (b) (c) No other substance extracted or otherwise derived from hemp may be sold for | |
| 9085 | - | 281.2human consumption if the substance is intended: | |
| 9086 | - | 281.3 (1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention | |
| 9087 | - | 281.4of disease in humans or other animals; or | |
| 9088 | - | 281.5 (2) to affect the structure or any function of the bodies of humans or other animals. | |
| 9089 | - | 281.6 (c) (d) No product containing any cannabinoid or tetrahydrocannabinol extracted or | |
| 9090 | - | 281.7otherwise derived from hemp may be sold to any individual who is under the age of 21. | |
| 9091 | - | 281.8 (d) (e) Products that meet the requirements of this section are not controlled substances | |
| 9092 | - | 281.9under section 152.02. | |
| 9093 | - | 281.10 (f) Products may be sold for on-site consumption provided that all of the following | |
| 9094 | - | 281.11conditions are met: | |
| 9095 | - | 281.12 (1) the retailer must also hold an on-sale license issued under chapter 340A; | |
| 9096 | - | 281.13 (2) products must be served in original packaging, but may be removed from the products' | |
| 9097 | - | 281.14packaging by customers and consumed on site; | |
| 9098 | - | 281.15 (3) products must not be sold to a customer who the retailer knows or reasonably should | |
| 9099 | - | 281.16know is intoxicated; | |
| 9100 | - | 281.17 (4) products must not be permitted to be mixed with an alcoholic beverage; and | |
| 9101 | - | 281.18 (5) products that have been removed from packaging must not be removed from the | |
| 9102 | - | 281.19premises. | |
| 9103 | - | 281.20 Subd. 4.Testing requirements.(a) A manufacturer of a product regulated under this | |
| 9104 | - | 281.21section must submit representative samples of each batch of the product to an independent, | |
| 9105 | - | 281.22accredited laboratory in order to certify that the product complies with the standards adopted | |
| 9106 | - | 281.23by the board on or before July 1, 2023, or the standards adopted by the commissioner. | |
| 9107 | - | 281.24Testing must be consistent with generally accepted industry standards for herbal and botanical | |
| 9108 | - | 281.25substances, and, at a minimum, the testing must confirm that the product: | |
| 9109 | - | 281.26 (1) contains the amount or percentage of cannabinoids that is stated on the label of the | |
| 9110 | - | 281.27product; | |
| 9111 | - | 281.28 (2) does not contain more than trace amounts of any mold, residual solvents or other | |
| 9112 | - | 281.29catalysts, pesticides, fertilizers, or heavy metals; and | |
| 9113 | - | 281.30 (3) does not contain more than 0.3 percent of any tetrahydrocannabinol. | |
| 9114 | - | 281Article 7 Sec. 2. | |
| 9115 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 282.1 (b) A manufacturer of a product regulated under this section must disclose all known | |
| 9116 | - | 282.2information regarding pesticides, fertilizers, solvents, or other foreign materials applied to | |
| 9117 | - | 282.3industrial hemp or added to industrial hemp during any production or processing stages of | |
| 9118 | - | 282.4any batch from which a representative sample has been sent for testing, including any | |
| 9119 | - | 282.5catalysts used to create artificially derived cannabinoids. The disclosure must be made to | |
| 9120 | - | 282.6the laboratory performing testing or sampling and, upon request, to the commissioner. The | |
| 9121 | - | 282.7disclosure must include all information known to the licensee regardless of whether the | |
| 9122 | - | 282.8application or addition was made intentionally or accidentally, or by the manufacturer or | |
| 9123 | - | 282.9any other person. | |
| 9124 | - | 282.10 (b) (c) Upon the request of the board commissioner, the manufacturer of the product | |
| 9125 | - | 282.11must provide the board commissioner with the results of the testing required in this section. | |
| 9126 | - | 282.12 (d) The commissioner may determine that any testing laboratory that does not operate | |
| 9127 | - | 282.13formal management systems under the International Organization for Standardization is not | |
| 9128 | - | 282.14an accredited laboratory and require that a representative sample of a batch of the product | |
| 9129 | - | 282.15be retested by a testing laboratory that meets this requirement. | |
| 9130 | - | 282.16 (c) (e) Testing of the hemp from which the nonintoxicating cannabinoid was derived, | |
| 9131 | - | 282.17or possession of a certificate of analysis for such hemp, does not meet the testing requirements | |
| 9132 | - | 282.18of this section. | |
| 9133 | - | 282.19 Subd. 5.Labeling requirements.(a) A product regulated under this section must bear | |
| 9134 | - | 282.20a label that contains, at a minimum: | |
| 9135 | - | 282.21 (1) the name, location, contact phone number, and website of the manufacturer of the | |
| 9136 | - | 282.22product; | |
| 9137 | - | 282.23 (2) the name and address of the independent, accredited laboratory used by the | |
| 9138 | - | 282.24manufacturer to test the product; and | |
| 9139 | - | 282.25 (3) the batch number; and | |
| 9140 | - | 282.26 (3) (4) an accurate statement of the amount or percentage of cannabinoids found in each | |
| 9141 | - | 282.27unit of the product meant to be consumed. | |
| 9142 | - | 282.28 (b) The information in paragraph (a) may be provided on an outer package if the | |
| 9143 | - | 282.29immediate container that holds the product is too small to contain all of the information. | |
| 9144 | - | 282.30 (c) The information required in paragraph (a) may be provided through the use of a | |
| 9145 | - | 282.31scannable barcode or matrix barcode that links to a page on the manufacturer's website if | |
| 9146 | - | 282.32that page contains all of the information required by this subdivision. | |
| 9147 | - | 282Article 7 Sec. 2. | |
| 9148 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 283.1 (d) The label must also include a statement stating that the product does not claim to | |
| 9149 | - | 283.2diagnose, treat, cure, or prevent any disease and has not been evaluated or approved by the | |
| 9150 | - | 283.3United States Food and Drug Administration (FDA) unless the product has been so approved. | |
| 9151 | - | 283.4 (e) The information required by this subdivision must be prominently and conspicuously | |
| 9152 | - | 283.5placed on the label or displayed on the website in terms that can be easily read and understood | |
| 9153 | - | 283.6by the consumer. | |
| 9154 | - | 283.7 (f) The labeling must not contain any claim that the product may be used or is effective | |
| 9155 | - | 283.8for the prevention, treatment, or cure of a disease or that it may be used to alter the structure | |
| 9156 | - | 283.9or function of human or animal bodies, unless the claim has been approved by the FDA. | |
| 9157 | - | 283.10 Subd. 5a.Additional requirements for edible cannabinoid products.(a) In addition | |
| 9158 | - | 283.11to the testing and labeling requirements under subdivisions 4 and 5, an edible cannabinoid | |
| 9159 | - | 283.12must meet the requirements of this subdivision. | |
| 9160 | - | 283.13 (b) An edible cannabinoid product must not: | |
| 9161 | - | 283.14 (1) bear the likeness or contain cartoon-like characteristics of a real or fictional person, | |
| 9162 | - | 283.15animal, or fruit that appeals to children; | |
| 9163 | - | 283.16 (2) be modeled after a brand of products primarily consumed by or marketed to children; | |
| 9164 | - | 283.17 (3) be made by applying an extracted or concentrated hemp-derived cannabinoid to a | |
| 9165 | - | 283.18commercially available candy or snack food item; | |
| 9166 | - | 283.19 (4) be substantively similar to a meat food product; poultry food product as defined in | |
| 9167 | - | 283.20section 31A.02, subdivision 10; or a dairy product as defined in section 32D.01, subdivision | |
| 9168 | - | 283.217; | |
| 9169 | - | 283.22 (4) (5) contain an ingredient, other than a hemp-derived cannabinoid, that is not approved | |
| 9170 | - | 283.23by the United States Food and Drug Administration for use in food; | |
| 9171 | - | 283.24 (5) (6) be packaged in a way that resembles the trademarked, characteristic, or | |
| 9172 | - | 283.25product-specialized packaging of any commercially available food product; or | |
| 9173 | - | 283.26 (6) (7) be packaged in a container that includes a statement, artwork, or design that could | |
| 9174 | - | 283.27reasonably mislead any person to believe that the package contains anything other than an | |
| 9175 | - | 283.28edible cannabinoid product. | |
| 9176 | - | 283.29 (c) An edible cannabinoid product must be prepackaged in packaging or a container that | |
| 9177 | - | 283.30is child-resistant, tamper-evident, and opaque or placed in packaging or a container that is | |
| 9178 | - | 283.31child-resistant, tamper-evident, and opaque at the final point of sale to a customer. The | |
| 9179 | - | 283.32requirement that packaging be child-resistant does not apply to an edible cannabinoid product | |
| 9180 | - | 283Article 7 Sec. 2. | |
| 9181 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 284.1that is intended to be consumed as a beverage and which contains no more than a trace | |
| 9182 | - | 284.2amount of any tetrahydrocannabinol. | |
| 9183 | - | 284.3 (d) If an edible cannabinoid product, other than a product that is intended to be consumed | |
| 9184 | - | 284.4as a beverage, is intended for more than a single use or contains multiple servings, each | |
| 9185 | - | 284.5serving must be indicated by scoring, wrapping, or other indicators designating the individual | |
| 9186 | - | 284.6serving size that appear on the edible cannabinoid product. | |
| 9187 | - | 284.7 (e) A label containing at least the following information must be affixed to the packaging | |
| 9188 | - | 284.8or container of all edible cannabinoid products sold to consumers: | |
| 9189 | - | 284.9 (1) the serving size; | |
| 9190 | - | 284.10 (2) the cannabinoid profile per serving and in total; | |
| 9191 | - | 284.11 (3) a list of ingredients, including identification of any major food allergens declared | |
| 9192 | - | 284.12by name; and | |
| 9193 | - | 284.13 (4) the following statement: "Keep this product out of reach of children." | |
| 9194 | - | 284.14 (f) An edible cannabinoid product must not contain more than five milligrams of any | |
| 9195 | - | 284.15tetrahydrocannabinol in a single serving, or. An edible cannabinoid product, other than a | |
| 9196 | - | 284.16product that is intended to be consumed as a beverage, may not contain more than a total | |
| 9197 | - | 284.17of 50 milligrams of any tetrahydrocannabinol per package. An edible cannabinoid product | |
| 9198 | - | 284.18that is intended to be consumed as a beverage may not contain more than two servings per | |
| 9199 | - | 284.19container. | |
| 9200 | - | 284.20 (g) An edible cannabinoid product may contain delta-8 tetrahydrocannabinol or delta-9 | |
| 9201 | - | 284.21tetrahydrocannabinol that is extracted from hemp plants or hemp plant parts or is an | |
| 9202 | - | 284.22artificially derived cannabinoid. Edible cannabinoid products are prohibited from containing | |
| 9203 | - | 284.23any other artificially derived cannabinoid, including but not limited to THC-P, THC-O, and | |
| 9204 | - | 284.24HHC, unless the commissioner authorizes use of the artificially derived cannabinoid in | |
| 9205 | - | 284.25edible cannabinoid products. Edible cannabinoid products are prohibited from containing | |
| 9206 | - | 284.26synthetic cannabinoids. | |
| 9207 | - | 284.27 (h) Every person selling edible cannabinoid products to consumers, other than products | |
| 9208 | - | 284.28that are intended to be consumed as a beverage, must ensure that all edible cannabinoid | |
| 9209 | - | 284.29products are displayed behind a checkout counter where the public is not permitted or in a | |
| 9210 | - | 284.30locked case. | |
| 9211 | - | 284.31 Subd. 5b.Registration; prohibitions.(a) On or before October 1, 2023, every person | |
| 9212 | - | 284.32selling edible cannabinoid products to consumers must register with the commissioner in | |
| 9213 | - | 284Article 7 Sec. 2. | |
| 9214 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 285.1a form and manner established by the commissioner. After October 1, 2023, the sale of | |
| 9215 | - | 285.2edible cannabinoid products by a person that is not registered is prohibited. | |
| 9216 | - | 285.3 (b) The registration form must contain an attestation of compliance and each registrant | |
| 9217 | - | 285.4must affirm that it is operating and will continue to operate in compliance with the | |
| 9218 | - | 285.5requirements of this section and all other applicable state and local laws and ordinances. | |
| 9219 | - | 285.6 (c) The commissioner shall not charge a fee for registration under this subdivision. | |
| 9220 | - | 285.7 Subd. 5c.Age verification.(a) Prior to initiating a sale or otherwise providing an edible | |
| 9221 | - | 285.8cannabinoid product to an individual, an employee of a retailer must verify that the individual | |
| 9222 | - | 285.9is at least 21 years of age. | |
| 9223 | - | 285.10 (b) Proof of age may be established only by one of the following: | |
| 9224 | - | 285.11 (1) a valid driver's license or identification card issued by Minnesota, another state, or | |
| 9225 | - | 285.12a province of Canada and including the photograph and date of birth of the licensed person; | |
| 9226 | - | 285.13 (2) a valid Tribal identification card as defined in section 171.072, paragraph (b); | |
| 9227 | - | 285.14 (3) a valid passport issued by the United States; | |
| 9228 | - | 285.15 (4) a valid instructional permit issued under section 171.05 to a person of legal age to | |
| 9229 | - | 285.16purchase edible cannabinoid products, which includes a photograph and the date of birth | |
| 9230 | - | 285.17of the person issued the permit; or | |
| 9231 | - | 285.18 (5) in the case of a foreign national, by a valid passport. | |
| 9232 | - | 285.19 (c) A registered retailer may seize a form of identification listed under paragraph (b) if | |
| 9233 | - | 285.20the registered retailer has reasonable grounds to believe that the form of identification has | |
| 9234 | - | 285.21been altered or falsified or is being used to violate any law. A registered retailer that seizes | |
| 9235 | - | 285.22a form of identification as authorized under this paragraph must deliver it to a law | |
| 9236 | - | 285.23enforcement agency within 24 hours of seizing it. | |
| 9237 | - | 285.24 Subd. 6.Noncompliant products; enforcement.(a) A product regulated under this | |
| 9238 | - | 285.25section, including an edible cannabinoid product, shall be considered an adulterated drug | |
| 9239 | - | 285.26a noncompliant product if the product is offered for sale in this state or if the product is | |
| 9240 | - | 285.27manufactured, imported, distributed, or stored with the intent to be offered for sale in this | |
| 9241 | - | 285.28state in violation of any provision of this section, including but not limited to if: | |
| 9242 | - | 285.29 (1) it consists, in whole or in part, of any filthy, putrid, or decomposed substance; | |
| 9243 | - | 285.30 (2) it has been produced, prepared, packed, or held under unsanitary conditions where | |
| 9244 | - | 285.31it may have been rendered injurious to health, or where it may have been contaminated with | |
| 9245 | - | 285.32filth; | |
| 9246 | - | 285Article 7 Sec. 2. | |
| 9247 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 286.1 (3) its container is composed, in whole or in part, of any poisonous or deleterious | |
| 9248 | - | 286.2substance that may render the contents injurious to health; | |
| 9249 | - | 286.3 (4) it contains any food additives, color additives, or excipients that have been found by | |
| 9250 | - | 286.4the FDA to be unsafe for human or animal consumption; | |
| 9251 | - | 286.5 (5) it contains an amount or percentage of nonintoxicating cannabinoids that is different | |
| 9252 | - | 286.6than the amount or percentage stated on the label; | |
| 9253 | - | 286.7 (6) it contains more than 0.3 percent of any tetrahydrocannabinol or, if the product is | |
| 9254 | - | 286.8an edible cannabinoid product, an amount of tetrahydrocannabinol that exceeds the limits | |
| 9255 | - | 286.9established in subdivision 5a, paragraph (f); or | |
| 9256 | - | 286.10 (7) it contains more than trace amounts of mold, residual solvents, pesticides, fertilizers, | |
| 9257 | - | 286.11or heavy metals. | |
| 9258 | - | 286.12 (b) A product regulated under this section shall be considered a misbranded drug | |
| 9259 | - | 286.13noncompliant product if the product's labeling is false or misleading in any manner or in | |
| 9260 | - | 286.14violation of the requirements of this section. | |
| 9261 | - | 286.15 (c) The board's authority to issue cease and desist orders under section 151.06; to embargo | |
| 9262 | - | 286.16adulterated and misbranded drugs under section 151.38; and to seek injunctive relief under | |
| 9263 | - | 286.17section 214.11, extends to any commissioner may assume that any product regulated under | |
| 9264 | - | 286.18this section that is present in the state, other than a product lawfully possessed for personal | |
| 9265 | - | 286.19use, has been manufactured, imported, distributed, or stored with the intent to be offered | |
| 9266 | - | 286.20for sale in this state if a product of the same type and brand was sold in the state on or after | |
| 9267 | - | 286.21July 1, 2023, or if the product is in the possession of a person who has sold any product in | |
| 9268 | - | 286.22violation of this section. | |
| 9269 | - | 286.23 (d) The commissioner may enforce this section, including enforcement against a | |
| 9270 | - | 286.24manufacturer or distributor of a product regulated under this section, under sections 144.989 | |
| 9271 | - | 286.25to 144.993. | |
| 9272 | - | 286.26 (e) The commissioner may enter into an interagency agreement with the Office of | |
| 9273 | - | 286.27Cannabis Management and the commissioner of agriculture to perform inspections and take | |
| 9274 | - | 286.28other enforcement actions on behalf of the commissioner. | |
| 9275 | - | 286.29 Subd. 7.Violations; criminal penalties.(a) Notwithstanding section 144.99, subdivision | |
| 9276 | - | 286.3011, a person who does any of the following regarding a product regulated under this section | |
| 9277 | - | 286.31is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than | |
| 9278 | - | 286.32one year or to payment of a fine of not more than $3,000, or both: | |
| 9279 | - | 286.33 (1) knowingly alters or otherwise falsifies testing results; | |
| 9280 | - | 286Article 7 Sec. 2. | |
| 9281 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 287.1 (2) intentionally alters or falsifies any information required to be included on the label | |
| 9282 | - | 287.2of an edible cannabinoid product; or | |
| 9283 | - | 287.3 (3) intentionally makes a false material statement to the commissioner. | |
| 9284 | - | 287.4 (b) Notwithstanding section 144.99, subdivision 11, a person who does any of the | |
| 9285 | - | 287.5following on the premises of a registered retailer or another business that sells retail goods | |
| 9286 | - | 287.6to customers is guilty of a gross misdemeanor and may be sentenced to imprisonment for | |
| 9287 | - | 287.7not more than one year or to payment of a fine of not more than $3,000, or both: | |
| 9288 | - | 287.8 (1) sells an edible cannabinoid product knowing that the product does not comply with | |
| 9289 | - | 287.9the limits on the amount or types of cannabinoids that a product may contain; | |
| 9290 | - | 287.10 (2) sells an edible cannabinoid product knowing that the product does not comply with | |
| 9291 | - | 287.11the applicable testing, packaging, or labeling requirements; or | |
| 9292 | - | 287.12 (3) sells an edible cannabinoid product to a person under the age of 21, except that it is | |
| 9293 | - | 287.13an affirmative defense to a charge under this clause if the defendant proves by a | |
| 9294 | - | 287.14preponderance of the evidence that the defendant reasonably and in good faith relied on | |
| 9295 | - | 287.15proof of age as described in subdivision 5c. | |
| 9296 | - | 287.16 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 9297 | - | 287.17Sec. 3. Minnesota Statutes 2022, section 340A.412, subdivision 14, is amended to read: | |
| 9298 | - | 287.18 Subd. 14.Exclusive liquor stores.(a) Except as otherwise provided in this subdivision, | |
| 9299 | - | 287.19an exclusive liquor store may sell only the following items: | |
| 9300 | - | 287.20 (1) alcoholic beverages; | |
| 9301 | - | 287.21 (2) tobacco products; | |
| 9302 | - | 287.22 (3) ice; | |
| 9303 | - | 287.23 (4) beverages, either liquid or powder, specifically designated for mixing with intoxicating | |
| 9304 | - | 287.24liquor; | |
| 9305 | - | 287.25 (5) soft drinks; | |
| 9306 | - | 287.26 (6) liqueur-filled candies; | |
| 9307 | - | 287.27 (7) food products that contain more than one-half of one percent alcohol by volume; | |
| 9308 | - | 287.28 (8) cork extraction devices; | |
| 9309 | - | 287.29 (9) books and videos on the use of alcoholic beverages; | |
| 9310 | - | 287Article 7 Sec. 3. | |
| 9311 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 288.1 (10) magazines and other publications published primarily for information and education | |
| 9312 | - | 288.2on alcoholic beverages; | |
| 9313 | - | 288.3 (11) multiple-use bags designed to carry purchased items; | |
| 9314 | - | 288.4 (12) devices designed to ensure safe storage and monitoring of alcohol in the home, to | |
| 9315 | - | 288.5prevent access by underage drinkers; | |
| 9316 | - | 288.6 (13) home brewing equipment; | |
| 9317 | - | 288.7 (14) clothing marked with the specific name, brand, or identifying logo of the exclusive | |
| 9318 | - | 288.8liquor store, and bearing no other name, brand, or identifying logo; | |
| 9319 | - | 288.9 (15) citrus fruit; and | |
| 9320 | - | 288.10 (16) glassware.; | |
| 9321 | - | 288.11 (17) edible cannabinoid products as defined in section 151.72, subdivision 1, paragraph | |
| 9322 | - | 288.12(f); and | |
| 9323 | - | 288.13 (18) products that detect the presence of fentanyl or a fentanyl analog. | |
| 9324 | - | 288.14 (b) An exclusive liquor store that has an on-sale, or combination on-sale and off-sale | |
| 9325 | - | 288.15license may sell food for on-premise consumption when authorized by the municipality | |
| 9326 | - | 288.16issuing the license. | |
| 9327 | - | 288.17 (c) An exclusive liquor store may offer live or recorded entertainment. | |
| 9328 | - | 288.18 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 9329 | - | 288.19Sec. 4. EDIBLE CANNABINOID PRODUCTS; ENFORCEMENT . | |
| 9330 | - | 288.20 (a) The Department of Health shall enforce the provisions of Minnesota Statutes, section | |
| 9331 | - | 288.21151.72, and all rules, orders, stipulation agreements, settlements, compliance agreements, | |
| 9332 | - | 288.22and registrations related to that section adopted or issued by the Office of Medical Cannabis | |
| 9333 | - | 288.23or the Department of Health pursuant to the Health Enforcement Consolidation Act of 1993 | |
| 9334 | - | 288.24contained in Minnesota Statutes, sections 144.989 to 144.993, and the authority to embargo | |
| 9335 | - | 288.25products described in paragraph (b). The commissioner of health may assign enforcement | |
| 9336 | - | 288.26responsibilities to the Office of Medical Cannabis. | |
| 9337 | - | 288.27 (b) Whenever a duly authorized agent of the Department of Health finds or has probable | |
| 9338 | - | 288.28cause to believe that any product is being sold in violation of the provisions of Minnesota | |
| 9339 | - | 288.29Statutes, section 151.72, the agent shall affix thereto an appropriate marking, giving notice | |
| 9340 | - | 288.30that the article is, or is suspected of being in violation of Minnesota Statutes, section 151.72, | |
| 9341 | - | 288.31has been embargoed, and warning that it is unlawful for any person to remove or dispose | |
| 9342 | - | 288Article 7 Sec. 4. | |
| 9343 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 289.1of the embargoed article by sale or otherwise without permission from the agent or the court. | |
| 9344 | - | 289.2When an agent of the Department of Health has embargoed an article, the Department of | |
| 9345 | - | 289.3Health shall, within 30 days, petition the district court in whose jurisdiction the article is | |
| 9346 | - | 289.4embargoed for an order of condemnation. When an embargoed article is not so found by | |
| 9347 | - | 289.5the agent, the agent shall remove the marking. If the court finds that an embargoed article | |
| 9348 | - | 289.6is being sold in violation of the provisions of Minnesota Statutes, section 151.72, the article | |
| 9349 | - | 289.7shall be destroyed at the expense of the claimant thereof, who shall also pay all court costs | |
| 9350 | - | 289.8and fees, storage, and other proper expenses. If the violation can be corrected by proper | |
| 9351 | - | 289.9labeling or processing of the article, or by filing the proper documents with the court, the | |
| 9352 | - | 289.10court, after the costs, fees, and expenses have been paid and a sufficient bond has been | |
| 9353 | - | 289.11executed, may order that the article be delivered to the claimant for labeling, processing, | |
| 9354 | - | 289.12or filing under supervision of an agent of the board. The expense of the supervision shall | |
| 9355 | - | 289.13be paid by the claimant. The bond shall be returned to the claimant on the representation to | |
| 9356 | - | 289.14the court by the board that the article is no longer in violation of this chapter and that the | |
| 9357 | - | 289.15expenses of supervision have been paid. | |
| 9358 | - | 289.16 (c) The enforcement authority under paragraphs (a) and (b) shall transfer to the Office | |
| 9359 | - | 289.17of Cannabis Management at any such time that the powers and duties of the Department of | |
| 9360 | - | 289.18Health with respect to the medical cannabis program under Minnesota Statutes, sections | |
| 9361 | - | 289.19152.22 to 152.37, are transferred to the Office of Cannabis Management. The director of | |
| 9362 | - | 289.20the Office of Cannabis Management may assign enforcement responsibilities to the Division | |
| 9363 | - | 289.21of Medical Cannabis. | |
| 9364 | - | 289.22 (d) This section shall expire on March 1, 2025. | |
| 9365 | - | 289.23 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 9366 | - | 289.24Sec. 5. TRANSFER OF ACTIVE AND INACTIVE COMPLAINTS. | |
| 9367 | - | 289.25 (a) The Board of Pharmacy shall transfer all data, including not public data as defined | |
| 9368 | - | 289.26in Minnesota Statutes, section 13.02, subdivision 8a, on active complaints and inactive | |
| 9369 | - | 289.27complaints involving alleged violations of Minnesota Statutes, section 151.72, to the | |
| 9370 | - | 289.28Department of Health. The Board of Pharmacy and Department of Health shall ensure that | |
| 9371 | - | 289.29the transfer takes place in a manner and on a schedule that prioritizes public health. | |
| 9372 | - | 289.30 (b) The Department of Health shall transfer all complaint data described in paragraph | |
| 9373 | - | 289.31(a) to the Office of Cannabis Management at any such time that the powers and duties of | |
| 9374 | - | 289.32the Department of Health with respect to the medical cannabis program under Minnesota | |
| 9375 | - | 289.33Statutes, sections 152.22 to 152.37, are transferred to the Office of Cannabis Management. | |
| 9376 | - | 289Article 7 Sec. 5. | |
| 9377 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 290.1The director of the Office of Cannabis Management may assign enforcement responsibilities | |
| 9378 | - | 290.2to the Division of Medical Cannabis. | |
| 9379 | - | 290.3 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 9380 | - | 290.4Sec. 6. REPEALER. | |
| 9381 | - | 290.5 Minnesota Statutes 2022, section 151.72, is repealed. | |
| 9382 | - | 290.6 EFFECTIVE DATE.This section is effective March 1, 2025. | |
| 9383 | - | 290.7 ARTICLE 8 | |
| 9384 | - | 290.8 SCHEDULING OF MARIJUANA | |
| 9385 | - | 290.9Section 1. Minnesota Statutes 2022, section 152.02, subdivision 2, is amended to read: | |
| 9386 | - | 290.10 Subd. 2.Schedule I.(a) Schedule I consists of the substances listed in this subdivision. | |
| 9387 | - | 290.11 (b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the | |
| 9388 | - | 290.12following substances, including their analogs, isomers, esters, ethers, salts, and salts of | |
| 9389 | - | 290.13isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, ethers, | |
| 9390 | - | 290.14and salts is possible: | |
| 9391 | - | 290.15 (1) acetylmethadol; | |
| 9392 | - | 290.16 (2) allylprodine; | |
| 9393 | - | 290.17 (3) alphacetylmethadol (except levo-alphacetylmethadol, also known as levomethadyl | |
| 9394 | - | 290.18acetate); | |
| 9395 | - | 290.19 (4) alphameprodine; | |
| 9396 | - | 290.20 (5) alphamethadol; | |
| 9397 | - | 290.21 (6) alpha-methylfentanyl benzethidine; | |
| 9398 | - | 290.22 (7) betacetylmethadol; | |
| 9399 | - | 290.23 (8) betameprodine; | |
| 9400 | - | 290.24 (9) betamethadol; | |
| 9401 | - | 290.25 (10) betaprodine; | |
| 9402 | - | 290.26 (11) clonitazene; | |
| 9403 | - | 290.27 (12) dextromoramide; | |
| 9404 | - | 290.28 (13) diampromide; | |
| 9405 | - | 290Article 8 Section 1. | |
| 9406 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 291.1 (14) diethyliambutene; | |
| 9407 | - | 291.2 (15) difenoxin; | |
| 9408 | - | 291.3 (16) dimenoxadol; | |
| 9409 | - | 291.4 (17) dimepheptanol; | |
| 9410 | - | 291.5 (18) dimethyliambutene; | |
| 9411 | - | 291.6 (19) dioxaphetyl butyrate; | |
| 9412 | - | 291.7 (20) dipipanone; | |
| 9413 | - | 291.8 (21) ethylmethylthiambutene; | |
| 9414 | - | 291.9 (22) etonitazene; | |
| 9415 | - | 291.10 (23) etoxeridine; | |
| 9416 | - | 291.11 (24) furethidine; | |
| 9417 | - | 291.12 (25) hydroxypethidine; | |
| 9418 | - | 291.13 (26) ketobemidone; | |
| 9419 | - | 291.14 (27) levomoramide; | |
| 9420 | - | 291.15 (28) levophenacylmorphan; | |
| 9421 | - | 291.16 (29) 3-methylfentanyl; | |
| 9422 | - | 291.17 (30) acetyl-alpha-methylfentanyl; | |
| 9423 | - | 291.18 (31) alpha-methylthiofentanyl; | |
| 9424 | - | 291.19 (32) benzylfentanyl beta-hydroxyfentanyl; | |
| 9425 | - | 291.20 (33) beta-hydroxy-3-methylfentanyl; | |
| 9426 | - | 291.21 (34) 3-methylthiofentanyl; | |
| 9427 | - | 291.22 (35) thenylfentanyl; | |
| 9428 | - | 291.23 (36) thiofentanyl; | |
| 9429 | - | 291.24 (37) para-fluorofentanyl; | |
| 9430 | - | 291.25 (38) morpheridine; | |
| 9431 | - | 291.26 (39) 1-methyl-4-phenyl-4-propionoxypiperidine; | |
| 9432 | - | 291.27 (40) noracymethadol; | |
| 9433 | - | 291Article 8 Section 1. | |
| 9434 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 292.1 (41) norlevorphanol; | |
| 9435 | - | 292.2 (42) normethadone; | |
| 9436 | - | 292.3 (43) norpipanone; | |
| 9437 | - | 292.4 (44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP); | |
| 9438 | - | 292.5 (45) phenadoxone; | |
| 9439 | - | 292.6 (46) phenampromide; | |
| 9440 | - | 292.7 (47) phenomorphan; | |
| 9441 | - | 292.8 (48) phenoperidine; | |
| 9442 | - | 292.9 (49) piritramide; | |
| 9443 | - | 292.10 (50) proheptazine; | |
| 9444 | - | 292.11 (51) properidine; | |
| 9445 | - | 292.12 (52) propiram; | |
| 9446 | - | 292.13 (53) racemoramide; | |
| 9447 | - | 292.14 (54) tilidine; | |
| 9448 | - | 292.15 (55) trimeperidine; | |
| 9449 | - | 292.16 (56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl); | |
| 9450 | - | 292.17 (57) 3,4-dichloro-N-[(1R,2R)-2-(dimethylamino)cyclohexyl]-N- | |
| 9451 | - | 292.18methylbenzamide(U47700); | |
| 9452 | - | 292.19 (58) N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide(furanylfentanyl); | |
| 9453 | - | 292.20 (59) 4-(4-bromophenyl)-4-dimethylamino-1-phenethylcyclohexanol (bromadol); | |
| 9454 | - | 292.21 (60) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (Cyclopropryl | |
| 9455 | - | 292.22fentanyl); | |
| 9456 | - | 292.23 (61) N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide) (butyryl fentanyl); | |
| 9457 | - | 292.24 (62) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine) (MT-45); | |
| 9458 | - | 292.25 (63) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (cyclopentyl | |
| 9459 | - | 292.26fentanyl); | |
| 9460 | - | 292.27 (64) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl fentanyl); | |
| 9461 | - | 292.28 (65) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl fentanyl); | |
| 9462 | - | 292Article 8 Section 1. | |
| 9463 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 293.1 (66) N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide | |
| 9464 | - | 293.2(para-chloroisobutyryl fentanyl); | |
| 9465 | - | 293.3 (67) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (para-fluorobutyryl | |
| 9466 | - | 293.4fentanyl); | |
| 9467 | - | 293.5 (68) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide | |
| 9468 | - | 293.6(para-methoxybutyryl fentanyl); | |
| 9469 | - | 293.7 (69) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide (ocfentanil); | |
| 9470 | - | 293.8 (70) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (4-fluoroisobutyryl | |
| 9471 | - | 293.9fentanyl or para-fluoroisobutyryl fentanyl); | |
| 9472 | - | 293.10 (71) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (acryl fentanyl or | |
| 9473 | - | 293.11acryloylfentanyl); | |
| 9474 | - | 293.12 (72) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (methoxyacetyl | |
| 9475 | - | 293.13fentanyl); | |
| 9476 | - | 293.14 (73) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (ortho-fluorofentanyl | |
| 9477 | - | 293.15or 2-fluorofentanyl); | |
| 9478 | - | 293.16 (74) N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide | |
| 9479 | - | 293.17(tetrahydrofuranyl fentanyl); and | |
| 9480 | - | 293.18 (75) Fentanyl-related substances, their isomers, esters, ethers, salts and salts of isomers, | |
| 9481 | - | 293.19esters and ethers, meaning any substance not otherwise listed under another federal | |
| 9482 | - | 293.20Administration Controlled Substance Code Number or not otherwise listed in this section, | |
| 9483 | - | 293.21and for which no exemption or approval is in effect under section 505 of the Federal Food, | |
| 9484 | - | 293.22Drug, and Cosmetic Act, United States Code , title 21, section 355, that is structurally related | |
| 9485 | - | 293.23to fentanyl by one or more of the following modifications: | |
| 9486 | - | 293.24 (i) replacement of the phenyl portion of the phenethyl group by any monocycle, whether | |
| 9487 | - | 293.25or not further substituted in or on the monocycle; | |
| 9488 | - | 293.26 (ii) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, | |
| 9489 | - | 293.27haloalkyl, amino, or nitro groups; | |
| 9490 | - | 293.28 (iii) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, | |
| 9491 | - | 293.29hydroxyl, halo, haloalkyl, amino, or nitro groups; | |
| 9492 | - | 293.30 (iv) replacement of the aniline ring with any aromatic monocycle whether or not further | |
| 9493 | - | 293.31substituted in or on the aromatic monocycle; or | |
| 9494 | - | 293Article 8 Section 1. | |
| 9495 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 294.1 (v) replacement of the N-propionyl group by another acyl group. | |
| 9496 | - | 294.2 (c) Opium derivatives. Any of the following substances, their analogs, salts, isomers, | |
| 9497 | - | 294.3and salts of isomers, unless specifically excepted or unless listed in another schedule, | |
| 9498 | - | 294.4whenever the existence of the analogs, salts, isomers, and salts of isomers is possible: | |
| 9499 | - | 294.5 (1) acetorphine; | |
| 9500 | - | 294.6 (2) acetyldihydrocodeine; | |
| 9501 | - | 294.7 (3) benzylmorphine; | |
| 9502 | - | 294.8 (4) codeine methylbromide; | |
| 9503 | - | 294.9 (5) codeine-n-oxide; | |
| 9504 | - | 294.10 (6) cyprenorphine; | |
| 9505 | - | 294.11 (7) desomorphine; | |
| 9506 | - | 294.12 (8) dihydromorphine; | |
| 9507 | - | 294.13 (9) drotebanol; | |
| 9508 | - | 294.14 (10) etorphine; | |
| 9509 | - | 294.15 (11) heroin; | |
| 9510 | - | 294.16 (12) hydromorphinol; | |
| 9511 | - | 294.17 (13) methyldesorphine; | |
| 9512 | - | 294.18 (14) methyldihydromorphine; | |
| 9513 | - | 294.19 (15) morphine methylbromide; | |
| 9514 | - | 294.20 (16) morphine methylsulfonate; | |
| 9515 | - | 294.21 (17) morphine-n-oxide; | |
| 9516 | - | 294.22 (18) myrophine; | |
| 9517 | - | 294.23 (19) nicocodeine; | |
| 9518 | - | 294.24 (20) nicomorphine; | |
| 9519 | - | 294.25 (21) normorphine; | |
| 9520 | - | 294.26 (22) pholcodine; and | |
| 9521 | - | 294.27 (23) thebacon. | |
| 9522 | - | 294Article 8 Section 1. | |
| 9523 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 295.1 (d) Hallucinogens. Any material, compound, mixture or preparation which contains any | |
| 9524 | - | 295.2quantity of the following substances, their analogs, salts, isomers (whether optical, positional, | |
| 9525 | - | 295.3or geometric), and salts of isomers, unless specifically excepted or unless listed in another | |
| 9526 | - | 295.4schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is | |
| 9527 | - | 295.5possible: | |
| 9528 | - | 295.6 (1) methylenedioxy amphetamine; | |
| 9529 | - | 295.7 (2) methylenedioxymethamphetamine; | |
| 9530 | - | 295.8 (3) methylenedioxy-N-ethylamphetamine (MDEA); | |
| 9531 | - | 295.9 (4) n-hydroxy-methylenedioxyamphetamine; | |
| 9532 | - | 295.10 (5) 4-bromo-2,5-dimethoxyamphetamine (DOB); | |
| 9533 | - | 295.11 (6) 2,5-dimethoxyamphetamine (2,5-DMA); | |
| 9534 | - | 295.12 (7) 4-methoxyamphetamine; | |
| 9535 | - | 295.13 (8) 5-methoxy-3, 4-methylenedioxyamphetamine; | |
| 9536 | - | 295.14 (9) alpha-ethyltryptamine; | |
| 9537 | - | 295.15 (10) bufotenine; | |
| 9538 | - | 295.16 (11) diethyltryptamine; | |
| 9539 | - | 295.17 (12) dimethyltryptamine; | |
| 9540 | - | 295.18 (13) 3,4,5-trimethoxyamphetamine; | |
| 9541 | - | 295.19 (14) 4-methyl-2, 5-dimethoxyamphetamine (DOM); | |
| 9542 | - | 295.20 (15) ibogaine; | |
| 9543 | - | 295.21 (16) lysergic acid diethylamide (LSD); | |
| 9544 | - | 295.22 (17) mescaline; | |
| 9545 | - | 295.23 (18) parahexyl; | |
| 9546 | - | 295.24 (19) N-ethyl-3-piperidyl benzilate; | |
| 9547 | - | 295.25 (20) N-methyl-3-piperidyl benzilate; | |
| 9548 | - | 295.26 (21) psilocybin; | |
| 9549 | - | 295.27 (22) psilocyn; | |
| 9550 | - | 295.28 (23) tenocyclidine (TPCP or TCP); | |
| 9551 | - | 295Article 8 Section 1. | |
| 9552 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 296.1 (24) N-ethyl-1-phenyl-cyclohexylamine (PCE); | |
| 9553 | - | 296.2 (25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy); | |
| 9554 | - | 296.3 (26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy); | |
| 9555 | - | 296.4 (27) 4-chloro-2,5-dimethoxyamphetamine (DOC); | |
| 9556 | - | 296.5 (28) 4-ethyl-2,5-dimethoxyamphetamine (DOET); | |
| 9557 | - | 296.6 (29) 4-iodo-2,5-dimethoxyamphetamine (DOI); | |
| 9558 | - | 296.7 (30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B); | |
| 9559 | - | 296.8 (31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C); | |
| 9560 | - | 296.9 (32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D); | |
| 9561 | - | 296.10 (33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E); | |
| 9562 | - | 296.11 (34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I); | |
| 9563 | - | 296.12 (35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P); | |
| 9564 | - | 296.13 (36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4); | |
| 9565 | - | 296.14 (37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7); | |
| 9566 | - | 296.15 (38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine | |
| 9567 | - | 296.16(2-CB-FLY); | |
| 9568 | - | 296.17 (39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY); | |
| 9569 | - | 296.18 (40) alpha-methyltryptamine (AMT); | |
| 9570 | - | 296.19 (41) N,N-diisopropyltryptamine (DiPT); | |
| 9571 | - | 296.20 (42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT); | |
| 9572 | - | 296.21 (43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET); | |
| 9573 | - | 296.22 (44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT); | |
| 9574 | - | 296.23 (45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT); | |
| 9575 | - | 296.24 (46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT); | |
| 9576 | - | 296.25 (47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT); | |
| 9577 | - | 296.26 (48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT); | |
| 9578 | - | 296.27 (49) 5-methoxy-α-methyltryptamine (5-MeO-AMT); | |
| 9579 | - | 296Article 8 Section 1. | |
| 9580 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 297.1 (50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT); | |
| 9581 | - | 297.2 (51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT); | |
| 9582 | - | 297.3 (52) 5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT); | |
| 9583 | - | 297.4 (53) 5-methoxy-α-ethyltryptamine (5-MeO-AET); | |
| 9584 | - | 297.5 (54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT); | |
| 9585 | - | 297.6 (55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET); | |
| 9586 | - | 297.7 (56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT); | |
| 9587 | - | 297.8 (57) methoxetamine (MXE); | |
| 9588 | - | 297.9 (58) 5-iodo-2-aminoindane (5-IAI); | |
| 9589 | - | 297.10 (59) 5,6-methylenedioxy-2-aminoindane (MDAI); | |
| 9590 | - | 297.11 (60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe); | |
| 9591 | - | 297.12 (61) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe); | |
| 9592 | - | 297.13 (62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe); | |
| 9593 | - | 297.14 (63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H); | |
| 9594 | - | 297.15 (64) 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2); | |
| 9595 | - | 297.16 (65) N,N-Dipropyltryptamine (DPT); | |
| 9596 | - | 297.17 (66) 3-[1-(Piperidin-1-yl)cyclohexyl]phenol (3-HO-PCP); | |
| 9597 | - | 297.18 (67) N-ethyl-1-(3-methoxyphenyl)cyclohexanamine (3-MeO-PCE); | |
| 9598 | - | 297.19 (68) 4-[1-(3-methoxyphenyl)cyclohexyl]morpholine (3-MeO-PCMo); | |
| 9599 | - | 297.20 (69) 1-[1-(4-methoxyphenyl)cyclohexyl]-piperidine (methoxydine, 4-MeO-PCP); | |
| 9600 | - | 297.21 (70) 2-(2-Chlorophenyl)-2-(ethylamino)cyclohexan-1-one (N-Ethylnorketamine, | |
| 9601 | - | 297.22ethketamine, NENK); | |
| 9602 | - | 297.23 (71) methylenedioxy-N,N-dimethylamphetamine (MDDMA); | |
| 9603 | - | 297.24 (72) 3-(2-Ethyl(methyl)aminoethyl)-1H-indol-4-yl (4-AcO-MET); and | |
| 9604 | - | 297.25 (73) 2-Phenyl-2-(methylamino)cyclohexanone (deschloroketamine). | |
| 9605 | - | 297.26 (e) Peyote. All parts of the plant presently classified botanically as Lophophora williamsii | |
| 9606 | - | 297.27Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant, | |
| 9607 | - | 297.28and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, | |
| 9608 | - | 297Article 8 Section 1. | |
| 9609 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 298.1its seeds or extracts. The listing of peyote as a controlled substance in Schedule I does not | |
| 9610 | - | 298.2apply to the nondrug use of peyote in bona fide religious ceremonies of the American Indian | |
| 9611 | - | 298.3Church, and members of the American Indian Church are exempt from registration. Any | |
| 9612 | - | 298.4person who manufactures peyote for or distributes peyote to the American Indian Church, | |
| 9613 | - | 298.5however, is required to obtain federal registration annually and to comply with all other | |
| 9614 | - | 298.6requirements of law. | |
| 9615 | - | 298.7 (f) Central nervous system depressants. Unless specifically excepted or unless listed in | |
| 9616 | - | 298.8another schedule, any material compound, mixture, or preparation which contains any | |
| 9617 | - | 298.9quantity of the following substances, their analogs, salts, isomers, and salts of isomers | |
| 9618 | - | 298.10whenever the existence of the analogs, salts, isomers, and salts of isomers is possible: | |
| 9619 | - | 298.11 (1) mecloqualone; | |
| 9620 | - | 298.12 (2) methaqualone; | |
| 9621 | - | 298.13 (3) gamma-hydroxybutyric acid (GHB), including its esters and ethers; | |
| 9622 | - | 298.14 (4) flunitrazepam; | |
| 9623 | - | 298.15 (5) 2-(2-Methoxyphenyl)-2-(methylamino)cyclohexanone (2-MeO-2-deschloroketamine, | |
| 9624 | - | 298.16methoxyketamine); | |
| 9625 | - | 298.17 (6) tianeptine; | |
| 9626 | - | 298.18 (7) clonazolam; | |
| 9627 | - | 298.19 (8) etizolam; | |
| 9628 | - | 298.20 (9) flubromazolam; and | |
| 9629 | - | 298.21 (10) flubromazepam. | |
| 9630 | - | 298.22 (g) Stimulants. Unless specifically excepted or unless listed in another schedule, any | |
| 9631 | - | 298.23material compound, mixture, or preparation which contains any quantity of the following | |
| 9632 | - | 298.24substances, their analogs, salts, isomers, and salts of isomers whenever the existence of the | |
| 9633 | - | 298.25analogs, salts, isomers, and salts of isomers is possible: | |
| 9634 | - | 298.26 (1) aminorex; | |
| 9635 | - | 298.27 (2) cathinone; | |
| 9636 | - | 298.28 (3) fenethylline; | |
| 9637 | - | 298.29 (4) methcathinone; | |
| 9638 | - | 298.30 (5) methylaminorex; | |
| 9639 | - | 298Article 8 Section 1. | |
| 9640 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 299.1 (6) N,N-dimethylamphetamine; | |
| 9641 | - | 299.2 (7) N-benzylpiperazine (BZP); | |
| 9642 | - | 299.3 (8) methylmethcathinone (mephedrone); | |
| 9643 | - | 299.4 (9) 3,4-methylenedioxy-N-methylcathinone (methylone); | |
| 9644 | - | 299.5 (10) methoxymethcathinone (methedrone); | |
| 9645 | - | 299.6 (11) methylenedioxypyrovalerone (MDPV); | |
| 9646 | - | 299.7 (12) 3-fluoro-N-methylcathinone (3-FMC); | |
| 9647 | - | 299.8 (13) methylethcathinone (MEC); | |
| 9648 | - | 299.9 (14) 1-benzofuran-6-ylpropan-2-amine (6-APB); | |
| 9649 | - | 299.10 (15) dimethylmethcathinone (DMMC); | |
| 9650 | - | 299.11 (16) fluoroamphetamine; | |
| 9651 | - | 299.12 (17) fluoromethamphetamine; | |
| 9652 | - | 299.13 (18) α-methylaminobutyrophenone (MABP or buphedrone); | |
| 9653 | - | 299.14 (19) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone); | |
| 9654 | - | 299.15 (20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378); | |
| 9655 | - | 299.16 (21) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) pentan-1-one (naphthylpyrovalerone or | |
| 9656 | - | 299.17naphyrone); | |
| 9657 | - | 299.18 (22) (alpha-pyrrolidinopentiophenone (alpha-PVP); | |
| 9658 | - | 299.19 (23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or MPHP); | |
| 9659 | - | 299.20 (24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP); | |
| 9660 | - | 299.21 (25) 4-methyl-N-ethylcathinone (4-MEC); | |
| 9661 | - | 299.22 (26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP); | |
| 9662 | - | 299.23 (27) 2-(methylamino)-1-phenylpentan-1-one (pentedrone); | |
| 9663 | - | 299.24 (28) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone); | |
| 9664 | - | 299.25 (29) 4-fluoro-N-methylcathinone (4-FMC); | |
| 9665 | - | 299.26 (30) 3,4-methylenedioxy-N-ethylcathinone (ethylone); | |
| 9666 | - | 299.27 (31) alpha-pyrrolidinobutiophenone (α-PBP); | |
| 9667 | - | 299Article 8 Section 1. | |
| 9668 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 300.1 (32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB); | |
| 9669 | - | 300.2 (33) 1-phenyl-2-(1-pyrrolidinyl)-1-heptanone (PV8); | |
| 9670 | - | 300.3 (34) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB); | |
| 9671 | - | 300.4 (35) 4-methyl-alpha-ethylaminopentiophenone (4-MEAPP); | |
| 9672 | - | 300.5 (36) 4'-chloro-alpha-pyrrolidinopropiophenone (4'-chloro-PPP); | |
| 9673 | - | 300.6 (37) 1-(1,3-Benzodioxol-5-yl)-2-(dimethylamino)butan-1-one (dibutylone, bk-DMBDB); | |
| 9674 | - | 300.7 (38) 1-(3-chlorophenyl) piperazine (meta-chlorophenylpiperazine or mCPP); | |
| 9675 | - | 300.8 (39) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-pentan-1-one (N-ethylpentylone, ephylone); | |
| 9676 | - | 300.9and | |
| 9677 | - | 300.10 (40) any other substance, except bupropion or compounds listed under a different | |
| 9678 | - | 300.11schedule, that is structurally derived from 2-aminopropan-1-one by substitution at the | |
| 9679 | - | 300.121-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the | |
| 9680 | - | 300.13compound is further modified in any of the following ways: | |
| 9681 | - | 300.14 (i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, | |
| 9682 | - | 300.15haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring | |
| 9683 | - | 300.16system by one or more other univalent substituents; | |
| 9684 | - | 300.17 (ii) by substitution at the 3-position with an acyclic alkyl substituent; | |
| 9685 | - | 300.18 (iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or | |
| 9686 | - | 300.19methoxybenzyl groups; or | |
| 9687 | - | 300.20 (iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure. | |
| 9688 | - | 300.21 (h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically | |
| 9689 | - | 300.22excepted or unless listed in another schedule, any natural or synthetic material, compound, | |
| 9690 | - | 300.23mixture, or preparation that contains any quantity of the following substances, their analogs, | |
| 9691 | - | 300.24isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence | |
| 9692 | - | 300.25of the isomers, esters, ethers, or salts is possible: | |
| 9693 | - | 300.26 (1) marijuana; | |
| 9694 | - | 300.27 (2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, except | |
| 9695 | - | 300.28that tetrahydrocannabinols do not include any material, compound, mixture, or preparation | |
| 9696 | - | 300.29that qualifies as industrial hemp as defined in section 18K.02, subdivision 3; synthetic | |
| 9697 | - | 300.30equivalents of the substances contained in the cannabis plant or in the resinous extractives | |
| 9698 | - | 300.31of the plant; or synthetic substances with similar chemical structure and pharmacological | |
| 9699 | - | 300Article 8 Section 1. | |
| 9700 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 301.1activity to those substances contained in the plant or resinous extract, including, but not | |
| 9701 | - | 301.2limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4 | |
| 9702 | - | 301.3cis or trans tetrahydrocannabinol; | |
| 9703 | - | 301.4 (3) (h) Synthetic cannabinoids, including the following substances: | |
| 9704 | - | 301.5 (i) (1) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole | |
| 9705 | - | 301.6structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, | |
| 9706 | - | 301.7alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or | |
| 9707 | - | 301.82-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any | |
| 9708 | - | 301.9extent and whether or not substituted in the naphthyl ring to any extent. Examples of | |
| 9709 | - | 301.10naphthoylindoles include, but are not limited to: | |
| 9710 | - | 301.11 (A) (i) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678); | |
| 9711 | - | 301.12 (B) (ii) 1-Butyl-3-(1-naphthoyl)indole (JWH-073); | |
| 9712 | - | 301.13 (C) (iii) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081); | |
| 9713 | - | 301.14 (D) (iv) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); | |
| 9714 | - | 301.15 (E) (v) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015); | |
| 9715 | - | 301.16 (F) (vi) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019); | |
| 9716 | - | 301.17 (G) (vii) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122); | |
| 9717 | - | 301.18 (H) (viii) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210); | |
| 9718 | - | 301.19 (I) (ix) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398); | |
| 9719 | - | 301.20 (J) (x) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201). | |
| 9720 | - | 301.21 (ii) (2) Napthylmethylindoles, which are any compounds containing a | |
| 9721 | - | 301.221H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the | |
| 9722 | - | 301.23indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, | |
| 9723 | - | 301.241-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further | |
| 9724 | - | 301.25substituted in the indole ring to any extent and whether or not substituted in the naphthyl | |
| 9725 | - | 301.26ring to any extent. Examples of naphthylmethylindoles include, but are not limited to: | |
| 9726 | - | 301.27 (A) (i) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175); | |
| 9727 | - | 301.28 (B) (ii) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184). | |
| 9728 | - | 301.29 (iii) (3) Naphthoylpyrroles, which are any compounds containing a 3-(1-naphthoyl)pyrrole | |
| 9729 | - | 301.30structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, | |
| 9730 | - | 301.31alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or | |
| 9731 | - | 301Article 8 Section 1. | |
| 9732 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 302.12-(4-morpholinyl)ethyl group whether or not further substituted in the pyrrole ring to any | |
| 9733 | - | 302.2extent, whether or not substituted in the naphthyl ring to any extent. Examples of | |
| 9734 | - | 302.3naphthoylpyrroles include, but are not limited to, | |
| 9735 | - | 302.4(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307). | |
| 9736 | - | 302.5 (iv) (4) Naphthylmethylindenes, which are any compounds containing a | |
| 9737 | - | 302.6naphthylideneindene structure with substitution at the 3-position of the indene ring by an | |
| 9738 | - | 302.7alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, | |
| 9739 | - | 302.81-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further | |
| 9740 | - | 302.9substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring | |
| 9741 | - | 302.10to any extent. Examples of naphthylemethylindenes include, but are not limited to, | |
| 9742 | - | 302.11E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176). | |
| 9743 | - | 302.12 (v) (5) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole | |
| 9744 | - | 302.13structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, | |
| 9745 | - | 302.14alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or | |
| 9746 | - | 302.152-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any | |
| 9747 | - | 302.16extent, whether or not substituted in the phenyl ring to any extent. Examples of | |
| 9748 | - | 302.17phenylacetylindoles include, but are not limited to: | |
| 9749 | - | 302.18 (A) (i) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8); | |
| 9750 | - | 302.19 (B) (ii) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250); | |
| 9751 | - | 302.20 (C) (iii) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251); | |
| 9752 | - | 302.21 (D) (iv) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203). | |
| 9753 | - | 302.22 (vi) (6) Cyclohexylphenols, which are compounds containing a | |
| 9754 | - | 302.232-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic | |
| 9755 | - | 302.24ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, | |
| 9756 | - | 302.251-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not substituted | |
| 9757 | - | 302.26in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, but are not | |
| 9758 | - | 302.27limited to: | |
| 9759 | - | 302.28 (A) (i) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497); | |
| 9760 | - | 302.29 (B) (ii) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol | |
| 9761 | - | 302.30(Cannabicyclohexanol or CP 47,497 C8 homologue); | |
| 9762 | - | 302.31 (C) (iii) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl] | |
| 9763 | - | 302.32-phenol (CP 55,940). | |
| 9764 | - | 302Article 8 Section 1. | |
| 9765 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 303.1 (vii) (7) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole | |
| 9766 | - | 303.2structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, | |
| 9767 | - | 303.3alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or | |
| 9768 | - | 303.42-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any | |
| 9769 | - | 303.5extent and whether or not substituted in the phenyl ring to any extent. Examples of | |
| 9770 | - | 303.6benzoylindoles include, but are not limited to: | |
| 9771 | - | 303.7 (A) (i) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4); | |
| 9772 | - | 303.8 (B) (ii) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694); | |
| 9773 | - | 303.9 (C) (iii) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone | |
| 9774 | - | 303.10(WIN 48,098 or Pravadoline). | |
| 9775 | - | 303.11 (viii) (8) Others specifically named: | |
| 9776 | - | 303.12 (A) (i) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) | |
| 9777 | - | 303.13-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210); | |
| 9778 | - | 303.14 (B) (ii) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) | |
| 9779 | - | 303.15-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211); | |
| 9780 | - | 303.16 (C) (iii) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de] | |
| 9781 | - | 303.17-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2); | |
| 9782 | - | 303.18 (D) (iv) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144); | |
| 9783 | - | 303.19 (E) (v) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone | |
| 9784 | - | 303.20(XLR-11); | |
| 9785 | - | 303.21 (F) (vi) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide | |
| 9786 | - | 303.22(AKB-48(APINACA)); | |
| 9787 | - | 303.23 (G) (vii) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide | |
| 9788 | - | 303.24(5-Fluoro-AKB-48); | |
| 9789 | - | 303.25 (H) (viii) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22); | |
| 9790 | - | 303.26 (I) (ix) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro | |
| 9791 | - | 303.27PB-22); | |
| 9792 | - | 303.28 (J) (x) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 3-carboxamide | |
| 9793 | - | 303.29(AB-PINACA); | |
| 9794 | - | 303.30 (K) (xi) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]- | |
| 9795 | - | 303.311H-indazole-3-carboxamide (AB-FUBINACA); | |
| 9796 | - | 303Article 8 Section 1. | |
| 9797 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 304.1 (L) (xii) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H- | |
| 9798 | - | 304.2indazole-3-carboxamide(AB-CHMINACA); | |
| 9799 | - | 304.3 (M) (xiii) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3- | |
| 9800 | - | 304.4methylbutanoate (5-fluoro-AMB); | |
| 9801 | - | 304.5 (N) (xiv) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201); | |
| 9802 | - | 304.6 (O) (xv) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone) | |
| 9803 | - | 304.7(FUBIMINA); | |
| 9804 | - | 304.8 (P) (xvi) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo | |
| 9805 | - | 304.9[2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12); | |
| 9806 | - | 304.10 (Q) (xvii) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl) | |
| 9807 | - | 304.11-1H-indole-3-carboxamide (5-fluoro-ABICA); | |
| 9808 | - | 304.12 (R) (xviii) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) | |
| 9809 | - | 304.13-1H-indole-3-carboxamide; | |
| 9810 | - | 304.14 (S) (xix) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) | |
| 9811 | - | 304.15-1H-indazole-3-carboxamide; | |
| 9812 | - | 304.16 (T) (xx) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido) | |
| 9813 | - | 304.17-3,3-dimethylbutanoate; | |
| 9814 | - | 304.18 (U) (xxi) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1 | |
| 9815 | - | 304.19H-indazole-3-carboxamide (MAB-CHMINACA); | |
| 9816 | - | 304.20 (V) (xxii) | |
| 9817 | - | 304.21N-(1-Amino-3,3-dimethyl-1-oxo-2-butanyl)-1-pentyl-1H-indazole-3-carboxamide | |
| 9818 | - | 304.22(ADB-PINACA); | |
| 9819 | - | 304.23 (W) (xxiii) methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate (FUB-AMB); | |
| 9820 | - | 304.24 (X) (xxiv) | |
| 9821 | - | 304.25N-[(1S)-2-amino-2-oxo-1-(phenylmethyl)ethyl]-1-(cyclohexylmethyl)-1H-Indazole- | |
| 9822 | - | 304.263-carboxamide. (APP-CHMINACA); | |
| 9823 | - | 304.27 (Y) (xxv) quinolin-8-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FUB-PB-22); and | |
| 9824 | - | 304.28 (Z) (xxvi) methyl N-[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]valinate | |
| 9825 | - | 304.29(MMB-CHMICA). | |
| 9826 | - | 304.30 (ix) (9) Additional substances specifically named: | |
| 9827 | - | 304Article 8 Section 1. | |
| 9828 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 305.1 (A) (i) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1 | |
| 9829 | - | 305.2H-pyrrolo[2,3-B]pyridine-3-carboxamide (5F-CUMYL-P7AICA); | |
| 9830 | - | 305.3 (B) (ii) 1-(4-cyanobutyl)-N-(2- phenylpropan-2-yl)-1 H-indazole-3-carboxamide | |
| 9831 | - | 305.4(4-CN-Cumyl-Butinaca); | |
| 9832 | - | 305.5 (C) (iii) naphthalen-1-yl-1-(5-fluoropentyl)-1-H-indole-3-carboxylate (NM2201; | |
| 9833 | - | 305.6CBL2201); | |
| 9834 | - | 305.7 (D) (iv) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1 | |
| 9835 | - | 305.8H-indazole-3-carboxamide (5F-ABPINACA); | |
| 9836 | - | 305.9 (E) (v) methyl-2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate | |
| 9837 | - | 305.10(MDMB CHMICA); | |
| 9838 | - | 305.11 (F) (vi) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate | |
| 9839 | - | 305.12(5F-ADB; 5F-MDMB-PINACA); and | |
| 9840 | - | 305.13 (G) (vii) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl) | |
| 9841 | - | 305.141H-indazole-3-carboxamide (ADB-FUBINACA). | |
| 9842 | - | 305.15 (i) A controlled substance analog, to the extent that it is implicitly or explicitly intended | |
| 9843 | - | 305.16for human consumption. | |
| 9844 | - | 305.17 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 9845 | - | 305.18Sec. 2. Minnesota Statutes 2022, section 152.02, subdivision 4, is amended to read: | |
| 9846 | - | 305.19 Subd. 4.Schedule III.(a) Schedule III consists of the substances listed in this subdivision. | |
| 9847 | - | 305.20 (b) Stimulants. Unless specifically excepted or unless listed in another schedule, any | |
| 9848 | - | 305.21material, compound, mixture, or preparation which contains any quantity of the following | |
| 9849 | - | 305.22substances having a potential for abuse associated with a stimulant effect on the central | |
| 9850 | - | 305.23nervous system, including its salts, isomers, and salts of such isomers whenever the existence | |
| 9851 | - | 305.24of such salts, isomers, and salts of isomers is possible within the specific chemical | |
| 9852 | - | 305.25designation: | |
| 9853 | - | 305.26 (1) benzphetamine; | |
| 9854 | - | 305.27 (2) chlorphentermine; | |
| 9855 | - | 305.28 (3) clortermine; | |
| 9856 | - | 305.29 (4) phendimetrazine. | |
| 9857 | - | 305Article 8 Sec. 2. | |
| 9858 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 306.1 (c) Depressants. Unless specifically excepted or unless listed in another schedule, any | |
| 9859 | - | 306.2material, compound, mixture, or preparation which contains any quantity of the following | |
| 9860 | - | 306.3substances having a potential for abuse associated with a depressant effect on the central | |
| 9861 | - | 306.4nervous system: | |
| 9862 | - | 306.5 (1) any compound, mixture, or preparation containing amobarbital, secobarbital, | |
| 9863 | - | 306.6pentobarbital or any salt thereof and one or more other active medicinal ingredients which | |
| 9864 | - | 306.7are not listed in any schedule; | |
| 9865 | - | 306.8 (2) any suppository dosage form containing amobarbital, secobarbital, pentobarbital, or | |
| 9866 | - | 306.9any salt of any of these drugs and approved by the food and drug administration for marketing | |
| 9867 | - | 306.10only as a suppository; | |
| 9868 | - | 306.11 (3) any substance which contains any quantity of a derivative of barbituric acid, or any | |
| 9869 | - | 306.12salt of a derivative of barbituric acid, except those substances which are specifically listed | |
| 9870 | - | 306.13in other schedules; | |
| 9871 | - | 306.14 (4) any drug product containing gamma hydroxybutyric acid, including its salts, isomers, | |
| 9872 | - | 306.15and salts of isomers, for which an application is approved under section 505 of the federal | |
| 9873 | - | 306.16Food, Drug, and Cosmetic Act; | |
| 9874 | - | 306.17 (5) any of the following substances: | |
| 9875 | - | 306.18 (i) chlorhexadol; | |
| 9876 | - | 306.19 (ii) ketamine, its salts, isomers and salts of isomers; | |
| 9877 | - | 306.20 (iii) lysergic acid; | |
| 9878 | - | 306.21 (iv) lysergic acid amide; | |
| 9879 | - | 306.22 (v) methyprylon; | |
| 9880 | - | 306.23 (vi) sulfondiethylmethane; | |
| 9881 | - | 306.24 (vii) sulfonenthylmethane; | |
| 9882 | - | 306.25 (viii) sulfonmethane; | |
| 9883 | - | 306.26 (ix) tiletamine and zolazepam and any salt thereof; | |
| 9884 | - | 306.27 (x) embutramide; | |
| 9885 | - | 306.28 (xi) Perampanel [2-(2-oxo-1-phenyl-5-pyridin-2-yl-1,2-Dihydropyridin-3-yl) | |
| 9886 | - | 306.29benzonitrile]. | |
| 9887 | - | 306.30 (d) Nalorphine. | |
| 9888 | - | 306Article 8 Sec. 2. | |
| 9889 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 307.1 (e) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, | |
| 9890 | - | 307.2any material, compound, mixture, or preparation containing any of the following narcotic | |
| 9891 | - | 307.3drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities | |
| 9892 | - | 307.4as follows: | |
| 9893 | - | 307.5 (1) not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams | |
| 9894 | - | 307.6per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium; | |
| 9895 | - | 307.7 (2) not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams | |
| 9896 | - | 307.8per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic | |
| 9897 | - | 307.9amounts; | |
| 9898 | - | 307.10 (3) not more than 1.80 grams of dihydrocodeine per 100 milliliters or not more than 90 | |
| 9899 | - | 307.11milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized | |
| 9900 | - | 307.12therapeutic amounts; | |
| 9901 | - | 307.13 (4) not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than | |
| 9902 | - | 307.1415 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized | |
| 9903 | - | 307.15therapeutic amounts; | |
| 9904 | - | 307.16 (5) not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not | |
| 9905 | - | 307.17more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients | |
| 9906 | - | 307.18in recognized therapeutic amounts; | |
| 9907 | - | 307.19 (6) not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with | |
| 9908 | - | 307.20one or more active, nonnarcotic ingredients in recognized therapeutic amounts. | |
| 9909 | - | 307.21 (f) Anabolic steroids, human growth hormone, and chorionic gonadotropin. | |
| 9910 | - | 307.22 (1) Anabolic steroids, for purposes of this subdivision, means any drug or hormonal | |
| 9911 | - | 307.23substance, chemically and pharmacologically related to testosterone, other than estrogens, | |
| 9912 | - | 307.24progestins, corticosteroids, and dehydroepiandrosterone, and includes: | |
| 9913 | - | 307.25 (i) 3[beta],17[beta]-dihydroxy-5[alpha]-androstane; | |
| 9914 | - | 307.26 (ii) 3[alpha],17[beta]-dihydroxy-5[alpha]-androstane; | |
| 9915 | - | 307.27 (iii) androstanedione (5[alpha]-androstan-3,17-dione); | |
| 9916 | - | 307.28 (iv) 1-androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-l-ene; | |
| 9917 | - | 307.29 (v) 3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene); | |
| 9918 | - | 307.30 (vi) 4-androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene); | |
| 9919 | - | 307.31 (vii) 5-androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene); | |
| 9920 | - | 307Article 8 Sec. 2. | |
| 9921 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 308.1 (viii) 1-androstenedione (5[alpha]-androst-1-en-3,17-dione); | |
| 9922 | - | 308.2 (ix) 4-androstenedione (androst-4-en-3,17-dione); | |
| 9923 | - | 308.3 (x) 5-androstenedione (androst-5-en-3,17-dione); | |
| 9924 | - | 308.4 (xi) bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one); | |
| 9925 | - | 308.5 (xii) boldenone (17[beta]-hydroxyandrost-1,4-diene-3-one); | |
| 9926 | - | 308.6 (xiii) boldione (androsta-1,4-diene-3,17-dione); | |
| 9927 | - | 308.7 (xiv) calusterone (7[beta],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one); | |
| 9928 | - | 308.8 (xv) clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one); | |
| 9929 | - | 308.9 (xvi) dehydrochloromethyltestosterone | |
| 9930 | - | 308.10(4-chloro-17[beta]-hydroxy-17[alpha]-methylandrost-1,4-dien-3-one); | |
| 9931 | - | 308.11 (xvii) desoxymethyltestosterone (17[alpha]-methyl-5[alpha]-androst-2-en-17[beta]-ol); | |
| 9932 | - | 308.12 (xviii) [delta]1-dihydrotestosterone- (17[beta]-hydroxy-5[alpha]-androst-1-en-3-one); | |
| 9933 | - | 308.13 (xix) 4-dihydrotestosterone (17[beta]-hydroxy-androstan-3-one); | |
| 9934 | - | 308.14 (xx) drostanolone (17[beta]hydroxy-2[alpha]-methyl-5[alpha]-androstan-3-one); | |
| 9935 | - | 308.15 (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene); | |
| 9936 | - | 308.16 (xxii) fluoxymesterone | |
| 9937 | - | 308.17(9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one); | |
| 9938 | - | 308.18 (xxiii) formebolone | |
| 9939 | - | 308.19(2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one); | |
| 9940 | - | 308.20 (xxiv) furazabol | |
| 9941 | - | 308.21(17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan)13[beta]-ethyl-17[beta] | |
| 9942 | - | 308.22-hydroxygon-4-en-3-one; | |
| 9943 | - | 308.23 (xxv) 4-hydroxytestosterone (4,17[beta]-dihydroxyandrost-4-en-3-one); | |
| 9944 | - | 308.24 (xxvi) 4-hydroxy-19-nortestosterone (4,17[beta]-dihydroxyestr-4-en-3-one); | |
| 9945 | - | 308.25 (xxvii) mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one); | |
| 9946 | - | 308.26 (xxviii) mesterolone (1[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one); | |
| 9947 | - | 308.27 (xxix) methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-dien-3-one); | |
| 9948 | - | 308.28 (xxx) methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene); | |
| 9949 | - | 308Article 8 Sec. 2. | |
| 9950 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 309.1 (xxxi) methasterone (2 alpha-17 alpha-dimethyl-5 alpha-androstan-17beta-ol-3-one); | |
| 9951 | - | 309.2 (xxxii) methenolone (1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one); | |
| 9952 | - | 309.3 (xxxiii) 17[alpha]-methyl-3[beta],17[beta]-dihydroxy-5[alpha]-androstane; | |
| 9953 | - | 309.4 (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5[alpha]-androstane; | |
| 9954 | - | 309.5 (xxxv) 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene; | |
| 9955 | - | 309.6 (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone | |
| 9956 | - | 309.7(17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one); | |
| 9957 | - | 309.8 (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one); | |
| 9958 | - | 309.9 (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9-11-trien-3-one); | |
| 9959 | - | 309.10 (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one); | |
| 9960 | - | 309.11 (xl) mibolerone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one); | |
| 9961 | - | 309.12 (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | |
| 9962 | - | 309.13(17[beta]-hydroxy-17[alpha]-methyl-5[alpha]-androst-1-en-3-one); | |
| 9963 | - | 309.14 (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one); | |
| 9964 | - | 309.15 (xliii) 19-nor-4-androstenediol (3[beta],17[beta]-dihydroxyestr-4-ene; | |
| 9965 | - | 309.16 (xliv) 3[alpha],17[beta]-dihydroxyestr-4-ene); 19-nor-5-androstenediol | |
| 9966 | - | 309.17(3[beta],17[beta]-dihydroxyestr-5-ene; | |
| 9967 | - | 309.18 (xlv) 3[alpha],17[beta]-dihydroxyestr-5-ene); | |
| 9968 | - | 309.19 (xlvi) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione); | |
| 9969 | - | 309.20 (xlvii) 19-nor-5-androstenedione (estr-5-en-3,17-dione); | |
| 9970 | - | 309.21 (xlviii) norbolethone (13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one); | |
| 9971 | - | 309.22 (xlix) norclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one); | |
| 9972 | - | 309.23 (l) norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one); | |
| 9973 | - | 309.24 (li) normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one); | |
| 9974 | - | 309.25 (lii) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-2-oxa-5[alpha]-androstan-3-one); | |
| 9975 | - | 309.26 (liii) oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one); | |
| 9976 | - | 309.27 (liv) oxymetholone | |
| 9977 | - | 309.28(17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-5[alpha]-androstan-3-one); | |
| 9978 | - | 309Article 8 Sec. 2. | |
| 9979 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 310.1 (lv) prostanozol (17 beta-hydroxy-5 alpha-androstano[3,2-C]pryazole; | |
| 9980 | - | 310.2 (lvi) stanozolol | |
| 9981 | - | 310.3(17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androst-2-eno[3,2-c]-pyrazole); | |
| 9982 | - | 310.4 (lvii) stenbolone (17[beta]-hydroxy-2-methyl-5[alpha]-androst-1-en-3-one); | |
| 9983 | - | 310.5 (lviii) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone); | |
| 9984 | - | 310.6 (lix) testosterone (17[beta]-hydroxyandrost-4-en-3-one); | |
| 9985 | - | 310.7 (lx) tetrahydrogestrinone | |
| 9986 | - | 310.8(13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one); | |
| 9987 | - | 310.9 (lxi) trenbolone (17[beta]-hydroxyestr-4,9,11-trien-3-one); | |
| 9988 | - | 310.10 (lxii) any salt, ester, or ether of a drug or substance described in this paragraph. | |
| 9989 | - | 310.11Anabolic steroids are not included if they are: (A) expressly intended for administration | |
| 9990 | - | 310.12through implants to cattle or other nonhuman species; and (B) approved by the United States | |
| 9991 | - | 310.13Food and Drug Administration for that use; | |
| 9992 | - | 310.14 (2) Human growth hormones. | |
| 9993 | - | 310.15 (3) Chorionic gonadotropin, except that a product containing chorionic gonadotropin is | |
| 9994 | - | 310.16not included if it is: | |
| 9995 | - | 310.17 (i) expressly intended for administration to cattle or other nonhuman species; and | |
| 9996 | - | 310.18 (ii) approved by the United States Food and Drug Administration for that use. | |
| 9997 | - | 310.19 (g) Hallucinogenic substances. Dronabinol (synthetic) in sesame oil and encapsulated | |
| 9998 | - | 310.20in a soft gelatin capsule in a United States Food and Drug Administration approved product. | |
| 9999 | - | 310.21 (h) Any material, compound, mixture, or preparation containing the following narcotic | |
| 10000 | - | 310.22drug or its salt: buprenorphine. | |
| 10001 | - | 310.23 (i) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically | |
| 10002 | - | 310.24excepted or unless listed in another schedule, any natural or synthetic material, compound, | |
| 10003 | - | 310.25mixture, or preparation that contains any quantity of the following substances, their analogs, | |
| 10004 | - | 310.26isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence | |
| 10005 | - | 310.27of the isomers, esters, ethers, or salts is possible: | |
| 10006 | - | 310.28 (1) marijuana; | |
| 10007 | - | 310.29 (2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, except | |
| 10008 | - | 310.30that tetrahydrocannabinols do not include any material, compound, mixture, or preparation | |
| 10009 | - | 310Article 8 Sec. 2. | |
| 10010 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 311.1that qualifies as industrial hemp as defined in section 18K.02, subdivision 3; synthetic | |
| 10011 | - | 311.2equivalents of the substances contained in the cannabis plant or in the resinous extractives | |
| 10012 | - | 311.3of the plant; or synthetic substances with similar chemical structure and pharmacological | |
| 10013 | - | 311.4activity to those substances contained in the plant or resinous extract, including but not | |
| 10014 | - | 311.5limited to 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4 | |
| 10015 | - | 311.6cis or trans tetrahydrocannabinol. | |
| 10016 | - | 311.7 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 10017 | - | 311.8 ARTICLE 9 | |
| 10018 | - | 311.9 APPROPRIATIONS | |
| 10019 | - | 311.10Section 1. APPROPRIATIONS. | |
| 10020 | - | 311.11 The sums shown in the columns marked "Appropriations" are appropriated to the agencies | |
| 10021 | - | 311.12and for the purposes of this act. The appropriations are from the general fund, or another | |
| 10022 | - | 311.13named fund, and are available for the fiscal years indicated for each purpose. The figures | |
| 10023 | - | 311.14"2024" and "2025" used in this article mean that the appropriations listed under them are | |
| 10024 | - | 311.15available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively. "The first | |
| 10025 | - | 311.16year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium" is fiscal | |
| 10026 | - | 311.17years 2024 and 2025. | |
| 10027 | - | 311.18 APPROPRIATIONS | |
| 10028 | - | 311.19 Available for the Year | |
| 10029 | - | 311.20 Ending June 30 | |
| 10030 | - | 2025311.21 2024 | |
| 10031 | - | 411,000$411,000$311.22Sec. 2. AGRICULTURE | |
| 10032 | - | 311.23The base for this appropriation is $338,000 in | |
| 10033 | - | 311.24fiscal year 2026 and each fiscal year thereafter. | |
| 10034 | - | 358,000$358,000$311.25Sec. 3. ATTORNEY GENERAL | |
| 10035 | - | 311.26The base for this appropriation is $358,000 in | |
| 10036 | - | 311.27fiscal years 2026, 2027, and 2028. The base | |
| 10037 | - | 311.28for this appropriation is $0 in fiscal year 2029. | |
| 10038 | - | 5,356,000$5,871,000$311.29Sec. 4. CANNABIS EXPUNGEMENT BOARD | |
| 10039 | - | 17,953,000$21,614,000$ | |
| 10040 | - | 311.30Sec. 5. OFFICE OF CANNABIS | |
| 10041 | - | 311.31MANAGEMENT | |
| 10042 | - | 311Article 9 Sec. 5. | |
| 10043 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 312.1The base for this appropriation is $35,587,000 | |
| 10044 | - | 312.2in fiscal year 2026 and $38,144,000 in fiscal | |
| 10045 | - | 312.3year 2027. | |
| 10046 | - | 312.4$1,000,000 the second year is for cannabis | |
| 10047 | - | 312.5industry community renewal grants under | |
| 10048 | - | 312.6Minnesota Statutes, section 342.70. Of these | |
| 10049 | - | 312.7amounts, up to three percent may be used for | |
| 10050 | - | 312.8administrative expenses. The base for this | |
| 10051 | - | 312.9appropriation is $15,000,000 in fiscal year | |
| 10052 | - | 312.102026 and each fiscal year thereafter. | |
| 10053 | - | 312.11$1,000,000 each year is for transfer to the | |
| 10054 | - | 312.12CanGrow revolving loan account established | |
| 10055 | - | 312.13under Minnesota Statutes, section 342.73, | |
| 10056 | - | 312.14subdivision 4. Of these amounts, up to three | |
| 10057 | - | 312.15percent may be used for administrative | |
| 10058 | - | 312.16expenses. | |
| 10059 | - | 1,093,000$527,000$312.17Sec. 6. COMMERCE | |
| 10060 | - | 312.18The base for this appropriation is $1,341,000 | |
| 10061 | - | 312.19in fiscal year 2026 and $1,520,000 in fiscal | |
| 10062 | - | 312.20year 2027. | |
| 10063 | - | 312.21$82,000 each year is to establish appropriate | |
| 10064 | - | 312.22energy standards. | |
| 10065 | - | 312.23$445,000 the first year and $1,011,000 the | |
| 10066 | - | 312.24second year are for scale and packaging | |
| 10067 | - | 312.25inspections. The base for this appropriation is | |
| 10068 | - | 312.26$1,259,000 in fiscal year 2026 and $1,438,000 | |
| 10069 | - | 312.27in fiscal year 2027. | |
| 10070 | - | 1,500,000$1,500,000$312.28Sec. 7. DISTRICT COURT | |
| 10071 | - | 312.29This appropriation is to support treatment | |
| 10072 | - | 312.30courts. The base for this appropriation is | |
| 10073 | - | 312.31$2,500,000 in fiscal year 2026 and each fiscal | |
| 10074 | - | 312.32year thereafter. | |
| 10075 | - | 120,000$180,000$312.33Sec. 8. EDUCATION | |
| 10076 | - | 312Article 9 Sec. 8. | |
| 10077 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 6,000,000$6,000,000$ | |
| 10078 | - | 313.1Sec. 9. EMPLOYMENT AND ECONOMIC | |
| 10079 | - | 313.2DEVELOPMENT | |
| 10080 | - | 313.3(a) For the CanStartup, CanNavigate, and | |
| 10081 | - | 313.4CanTrain programs. Any unencumbered | |
| 10082 | - | 313.5balances remaining in the first year do not | |
| 10083 | - | 313.6cancel but are available for the second year. | |
| 10084 | - | 313.7(b) $3,000,000 each year is for transfer to the | |
| 10085 | - | 313.8CanStartup revolving loan account established | |
| 10086 | - | 313.9under Minnesota Statutes, section 116J.659, | |
| 10087 | - | 313.10subdivision 3. | |
| 10088 | - | 313.11(c) $1,000,000 each year is for the | |
| 10089 | - | 313.12CanNavigate program established under | |
| 10090 | - | 313.13Minnesota Statutes, section 116J.6595. | |
| 10091 | - | 313.14(d) $2,000,000 each year is for the CanTrain | |
| 10092 | - | 313.15program established under Minnesota Statutes, | |
| 10093 | - | 313.16section 116L.90. | |
| 10094 | - | 313.17(e) Of these amounts, up to four percent may | |
| 10095 | - | 313.18be used for administrative expenses. | |
| 10096 | - | 313.19Sec. 10. HEALTH | |
| 10097 | - | 20,252,000$3,300,000$313.20Subdivision 1.Total Appropriation | |
| 10098 | - | 313.21The base for this appropriation is $19,064,000 | |
| 10099 | - | 313.22in fiscal year 2026 and each fiscal year | |
| 10100 | - | 313.23thereafter. | |
| 10101 | - | 313.24The amounts that may be spent for each | |
| 10102 | - | 313.25purpose are specified in the following | |
| 10103 | - | 313.26subdivisions. | |
| 10104 | - | 5,000,000-0-313.27Subd. 2.Youth Education | |
| 10105 | - | 313.28For grants under Minnesota Statutes, section | |
| 10106 | - | 313.29144.197, subdivision 1. | |
| 10107 | - | 2,000,000-0- | |
| 10108 | - | 313.30Subd. 3.Education Grants for Pregnant or | |
| 10109 | - | 313.31Breastfeeding Individuals | |
| 10110 | - | 313.32For grants under Minnesota Statutes, section | |
| 10111 | - | 313.33144.197, subdivision 2. | |
| 10112 | - | 313Article 9 Sec. 10. | |
| 10113 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 10,000,000-0-314.1Subd. 4.Local and Tribal Health Departments | |
| 10114 | - | 314.2For grants under Minnesota Statutes, section | |
| 10115 | - | 314.3144.197, subdivision 4. | |
| 10116 | - | 493,000493,000 | |
| 10117 | - | 314.4Subd. 5.Cannabis Data Collection and Biennial | |
| 10118 | - | 314.5Reports | |
| 10119 | - | 314.6For reports under Minnesota Statutes, section | |
| 10120 | - | 314.7144.196. | |
| 10121 | - | 71,00071,000 | |
| 10122 | - | 314.8Subd. 6.Administration for Expungement | |
| 10123 | - | 314.9Orders | |
| 10124 | - | 314.10For administration related to orders issued by | |
| 10125 | - | 314.11the Cannabis Expungement Board. The base | |
| 10126 | - | 314.12for this appropriation is $71,000 in fiscal year | |
| 10127 | - | 314.132026, $71,000 in fiscal year 2027, $71,000 in | |
| 10128 | - | 314.14fiscal year 2028, $71,000 in fiscal year 2029, | |
| 10129 | - | 314.15and $0 in fiscal year 2030. | |
| 10130 | - | 810,000910,000 | |
| 10131 | - | 314.16Subd. 7.Grants to the Minnesota Poison Control | |
| 10132 | - | 314.17System | |
| 10133 | - | 314.18For grants under Minnesota Statutes, section | |
| 10134 | - | 314.19145.93. | |
| 10135 | - | 1,107,0001,107,000 | |
| 10136 | - | 314.20Subd. 8.Temporary Regulation of Edible | |
| 10137 | - | 314.21Products Extracted from Hemp | |
| 10138 | - | 314.22For temporary regulation under the health | |
| 10139 | - | 314.23enforcement consolidation act of edible | |
| 10140 | - | 314.24products extracted from hemp. This is a | |
| 10141 | - | 314.25onetime appropriation. | |
| 10142 | - | 771,000719,000314.26Subd. 9.Testing. | |
| 10143 | - | 314.27For testing of edible cannabinoid products. | |
| 10144 | - | 314.28The base for this appropriation is $690,000 in | |
| 10145 | - | 314.29fiscal year 2026 and each fiscal year thereafter. | |
| 10146 | - | 1,360,000$1,506,000$314.30Sec. 11. HUMAN SERVICES | |
| 10147 | - | 314.31Central Office Administration | |
| 10148 | - | 314.32For the Office of Inspector General to process | |
| 10149 | - | 314.33additional background studies and for the | |
| 10150 | - | 314Article 9 Sec. 11. | |
| 10151 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 315.1behavioral health, deaf and hard-of-hearing, | |
| 10152 | - | 315.2and housing division to provide data required | |
| 10153 | - | 315.3under Minnesota Statutes, section 342.04, and | |
| 10154 | - | 315.4the consultation requirements under Minnesota | |
| 10155 | - | 315.5Statutes, section 342.72. | |
| 10156 | - | 123,000$116,000$315.6Sec. 12. LABOR AND INDUSTRY | |
| 10157 | - | -0-$338,000$315.7Sec. 13. NATURAL RESOURCES | |
| 10158 | - | 70,000$140,000$315.8Sec. 14. POLLUTION CONTROL AGENCY | |
| 10159 | - | 315.9Sec. 15. PUBLIC SAFETY | |
| 10160 | - | 11,964,000$18,422,000$315.10Subdivision 1.Total Appropriation | |
| 10161 | - | 315.11The base for this appropriation is $10,847,000 | |
| 10162 | - | 315.12in fiscal year 2026 and each fiscal year | |
| 10163 | - | 315.13thereafter. The amounts that may be spent for | |
| 10164 | - | 315.14each purpose are specified in the following | |
| 10165 | - | 315.15subdivisions. | |
| 10166 | - | -0-760,000315.16Subd. 2.Administration | |
| 10167 | - | 315.17$760,000 the first year is for a public | |
| 10168 | - | 315.18information campaign relating to automatic | |
| 10169 | - | 315.19expungement of cannabis-related crimes. This | |
| 10170 | - | 315.20appropriation is available until June 30, 2025. | |
| 10171 | - | 3,629,000-0-315.21Subd. 3.Bureau of Criminal Apprehension | |
| 10172 | - | 6,117,00011,485,000315.22Subd. 4.Office of Traffic and Safety | |
| 10173 | - | 315.23(a) The base for this appropriation is | |
| 10174 | - | 315.24$5,000,000 in fiscal year 2026 and each fiscal | |
| 10175 | - | 315.25year thereafter. | |
| 10176 | - | 315.26(b) $10,000,000 the first year and $5,000,000 | |
| 10177 | - | 315.27the second year are for the drug evaluation | |
| 10178 | - | 315.28and classification program for drug recognition | |
| 10179 | - | 315.29evaluator training; additional phlebotomists; | |
| 10180 | - | 315.30drug recognition training for peace officers, | |
| 10181 | - | 315.31as defined in Minnesota Statutes, section | |
| 10182 | - | 315.32626.84, subdivision 1, paragraph (c); and | |
| 10183 | - | 315Article 9 Sec. 15. | |
| 10184 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 316.1required continuing education training for drug | |
| 10185 | - | 316.2recognition experts. The commissioner must | |
| 10186 | - | 316.3make reasonable efforts to reflect the | |
| 10187 | - | 316.4geographic diversity of the state in making | |
| 10188 | - | 316.5expenditures under this appropriation. | |
| 10189 | - | 316.6(c) $1,485,000 the first year and $1,117,000 | |
| 10190 | - | 316.7the second year are for a roadside testing pilot | |
| 10191 | - | 316.8project. These are onetime appropriations. | |
| 10192 | - | -0-20,000316.9Subd. 5.Office of Justice Programs | |
| 10193 | - | 316.10For a grant to Hennepin County to produce | |
| 10194 | - | 316.11the High Intensity Drug Trafficking Area | |
| 10195 | - | 316.12report in article 6, section 72. | |
| 10196 | - | 2,218,0006,157,000316.13Subd. 6.State Patrol | |
| 10197 | - | 316.14This appropriation is from the trunk highway | |
| 10198 | - | 316.15fund. | |
| 10199 | - | 3,931,000$4,559,000$316.16Sec. 16. REVENUE | |
| 10200 | - | 316.17The base for this appropriation is $3,896,000 | |
| 10201 | - | 316.18in fiscal year 2026 and $3,897,000 in fiscal | |
| 10202 | - | 316.19year 2027. | |
| 10203 | - | 545,000$545,000$316.20Sec. 17. SUPREME COURT | |
| 10204 | - | 316.21These are onetime appropriations. | |
| 10205 | - | 2,600,000$2,600,000$316.22Sec. 18. UNIVERSITY OF MINNESOTA | |
| 10206 | - | 316.23(a) The base for this appropriation is | |
| 10207 | - | 316.24$3,250,000 in fiscal year 2026 and each fiscal | |
| 10208 | - | 316.25year thereafter. | |
| 10209 | - | 316.26(b) $2,500,000 each year is to establish a | |
| 10210 | - | 316.27Center for Cannabis Research within the | |
| 10211 | - | 316.28School of Public Health. The center must | |
| 10212 | - | 316.29investigate the effects of cannabis use on | |
| 10213 | - | 316.30health and research other topics related to | |
| 10214 | - | 316.31cannabis, including but not limited to | |
| 10215 | - | 316.32prevention and treatment of substance use | |
| 10216 | - | 316Article 9 Sec. 18. | |
| 10217 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 317.1disorders, equity issues, education, and | |
| 10218 | - | 317.2decriminalization. | |
| 10219 | - | 317.3(c) $100,000 each year is for grants for | |
| 10220 | - | 317.4cannabis genetics and agronomy research and | |
| 10221 | - | 317.5for the creation and maintenance of a | |
| 10222 | - | 317.6University of Minnesota Extension position | |
| 10223 | - | 317.7and a postdoctoral position. The base for this | |
| 10224 | - | 317.8appropriation is $750,000 in fiscal year 2026 | |
| 10225 | - | 317.9and each fiscal year thereafter. In awarding | |
| 10226 | - | 317.10grants under this paragraph, the University of | |
| 10227 | - | 317.11Minnesota must give priority to applications | |
| 10228 | - | 317.12by researchers who are eligible to be social | |
| 10229 | - | 317.13equity applicants as defined in Minnesota | |
| 10230 | - | 317.14Statutes, section 342.17. | |
| 10231 | - | 317.15Sec. 19. APPROPRIATION AND BASE REDUCTIONS. | |
| 10232 | - | 317.16 (a) The commissioner of management and budget must reduce general fund appropriations | |
| 10233 | - | 317.17to the commissioner of corrections by $165,000 in fiscal year 2024 and $368,000 in fiscal | |
| 10234 | - | 317.18year 2025. The commissioner must reduce the base for general fund appropriations to the | |
| 10235 | - | 317.19commissioner of corrections by $460,000 in fiscal year 2026 and $503,000 in fiscal year | |
| 10236 | - | 317.202027. | |
| 10237 | - | 317.21 (b) The commissioner of management and budget must reduce general fund appropriations | |
| 10238 | - | 317.22to the commissioner of health by $260,000 in fiscal year 2025 for the administration of the | |
| 10239 | - | 317.23medical cannabis program. The commissioner must reduce the base for general fund | |
| 10240 | - | 317.24appropriations to the commissioner of health by $781,000 in fiscal year 2026 and each fiscal | |
| 10241 | - | 317.25year thereafter. | |
| 10242 | - | 317.26 (c) The commissioner of management and budget must reduce state government special | |
| 10243 | - | 317.27revenue fund appropriations to the commissioner of health by $1,141,000 in fiscal year | |
| 10244 | - | 317.282025 for the administration of the medical cannabis program. The commissioner must reduce | |
| 10245 | - | 317.29the base for state government special revenue fund appropriations to the commissioner of | |
| 10246 | - | 317.30health by $3,424,000 in fiscal year 2026 and each fiscal year thereafter. | |
| 10247 | - | 317.31Sec. 20. TRANSFERS. | |
| 10248 | - | 317.32 (a) $1,000,000 in fiscal year 2024 and $1,000,000 in fiscal year 2025 are transferred | |
| 10249 | - | 317.33from the general fund to the dual training account in the special revenue fund under | |
| 10250 | - | 317Article 9 Sec. 20. | |
| 10251 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 318.1Minnesota Statutes, section 136A.246, subdivision 10, for grants to employers in the legal | |
| 10252 | - | 318.2cannabis industry. The base for this transfer is $1,000,000 in fiscal year 2026 and each fiscal | |
| 10253 | - | 318.3year thereafter. The commissioner may use up to six percent of the amount transferred for | |
| 10254 | - | 318.4administrative costs. The commissioner shall give priority to applications from employers | |
| 10255 | - | 318.5who are, or who are training employees who are, eligible to be social equity applicants | |
| 10256 | - | 318.6under Minnesota Statutes, section 342.17. After June 30, 2025, any unencumbered balance | |
| 10257 | - | 318.7from this transfer may be used for grants to any eligible employer under Minnesota Statutes, | |
| 10258 | - | 318.8section 136A.246. | |
| 10259 | - | 318.9 (b) $5,500,000 in fiscal year 2024 and $5,500,000 in fiscal year 2025 are transferred | |
| 10260 | - | 318.10from the general fund to the substance use treatment, recovery, and prevention grant account | |
| 10261 | - | 318.11established under Minnesota Statutes, section 342.72. The base for this transfer is $5,500,000 | |
| 10262 | - | 318.12in fiscal year 2026 and each fiscal year thereafter. | |
| 10263 | - | 318.13Sec. 21. OFFICE OF CANNABIS MANAGEMENT; IMPLEMENTATION. | |
| 10264 | - | 318.14 (a) $3,000,000 in fiscal year 2023 is appropriated from the general fund to the | |
| 10265 | - | 318.15commissioner of agriculture for the planning, research, analysis, and other efforts needed | |
| 10266 | - | 318.16to establish the Office of Cannabis Management and transition programs, authorities, and | |
| 10267 | - | 318.17responsibilities contained in Minnesota Statutes, chapter 342, to that office. This is a onetime | |
| 10268 | - | 318.18appropriation and is available until June 30, 2025. | |
| 10269 | - | 318.19 (b) Upon the effective date of this act, the commissioner of agriculture may exercise all | |
| 10270 | - | 318.20authorities and responsibilities granted to the Office of Cannabis Management under | |
| 10271 | - | 318.21Minnesota Statutes, chapter 342, that are necessary to establish the Office of Cannabis | |
| 10272 | - | 318.22Management and transition programs, authorities, and responsibilities to that office. | |
| 10273 | - | 318.23 (c) On or after January 1, 2024, and at such time that the Office of Cannabis Management | |
| 10274 | - | 318.24is able to fulfill the powers and duties enumerated in Minnesota Statutes, section 342.02, | |
| 10275 | - | 318.25subdivision 2, the commissioner of agriculture may transfer all or some Minnesota Statutes, | |
| 10276 | - | 318.26chapter 342, programs, authorities, and responsibilities to the Office of Cannabis | |
| 10277 | - | 318.27Management. Upon such transfer, existing contracts, obligations, and funds managed by | |
| 10278 | - | 318.28the commissioner of agriculture that are necessary to administer the transferred programs, | |
| 10279 | - | 318.29authorities, or responsibilities shall be transferred to the Office of Cannabis Management. | |
| 10280 | - | 318.30 (d) To the extent practicable, the commissioner of agriculture and the Office of Cannabis | |
| 10281 | - | 318.31Management must comply with Minnesota Statutes, chapter 16C. The commissioner of | |
| 10282 | - | 318.32administration may waive the application of any provision of Minnesota Statutes, chapter | |
| 10283 | - | 318.3316C, on a case-by-case basis, if the commissioner of agriculture or the Office of Cannabis | |
| 10284 | - | 318.34Management demonstrates that full compliance with Minnesota Statutes, chapter 16C, would | |
| 10285 | - | 318Article 9 Sec. 21. | |
| 10286 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT 319.1be impractical given the effective date or other deadlines established by this act. This | |
| 10287 | - | 319.2exemption expires July 1, 2025. | |
| 10288 | - | 319.3 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 10289 | - | 319.4Sec. 22. APPROPRIATION; DEPARTMENT OF PUBLIC SAFETY; BUREAU OF | |
| 10290 | - | 319.5CRIMINAL APPREHENSION. | |
| 10291 | - | 319.6 $6,656,000 in fiscal year 2023 is appropriated from the general fund to the commissioner | |
| 10292 | - | 319.7of public safety for the Bureau of Criminal Apprehension to identify and provide records | |
| 10293 | - | 319.8of convictions for certain offenses involving the possession of cannabis that may be eligible | |
| 10294 | - | 319.9for expungement and resentencing; for forensic science services including additional staff, | |
| 10295 | - | 319.10equipment, and supplies; and for the investigation of diversion crimes. This is a onetime | |
| 10296 | - | 319.11appropriation and is available until June 30, 2025. | |
| 10297 | - | 319.12 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 10298 | - | 319Article 9 Sec. 22. | |
| 10299 | - | REVISOR BD H0100-12HF100 TWELFTH ENGROSSMENT | |
| 6097 | + | 187.27Sec. 21. Minnesota Statutes 2022, section 152.11, subdivision 2, is amended to read: | |
| 6098 | + | 187.28 Subd. 2. Prescription requirements for Schedule III or IV controlled substances.(a) | |
| 6099 | + | 187.29Except as provided in paragraph (b), no person may dispense a controlled substance included | |
| 6100 | + | 187.30in Schedule III or IV of section 152.02 without a prescription issued, as permitted under | |
| 6101 | + | 187.31subdivision 1, by a doctor of medicine, a doctor of osteopathic medicine licensed to practice | |
| 6102 | + | 187Article 4 Sec. 21. | |
| 6103 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 188.1medicine, a doctor of dental surgery, a doctor of dental medicine, a doctor of podiatry, a | |
| 6104 | + | 188.2doctor of optometry limited to Schedule IV, or a doctor of veterinary medicine, lawfully | |
| 6105 | + | 188.3licensed to prescribe in this state or from a practitioner licensed to prescribe controlled | |
| 6106 | + | 188.4substances by the state in which the prescription is issued, and having a current federal drug | |
| 6107 | + | 188.5enforcement administration registration number. Such prescription may not be dispensed | |
| 6108 | + | 188.6or refilled except with the documented consent of the prescriber, and in no event more than | |
| 6109 | + | 188.7six months after the date on which such prescription was issued and no such prescription | |
| 6110 | + | 188.8may be refilled more than five times. | |
| 6111 | + | 188.9 (b) This subdivision does not apply to cannabis plants, cannabis flower, cannabis products, | |
| 6112 | + | 188.10or hemp-derived consumer products sold or transferred in compliance with chapter 342. | |
| 6113 | + | 188.11Sec. 22. Minnesota Statutes 2022, section 169A.03, is amended by adding a subdivision | |
| 6114 | + | 188.12to read: | |
| 6115 | + | 188.13 Subd. 3a.Artificially derived cannabinoid."Artificially derived cannabinoid" has the | |
| 6116 | + | 188.14meaning given in section 342.01, subdivision 6. | |
| 6117 | + | 188.15Sec. 23. Minnesota Statutes 2022, section 169A.03, is amended by adding a subdivision | |
| 6118 | + | 188.16to read: | |
| 6119 | + | 188.17 Subd. 3b.Cannabis flower."Cannabis flower" has the meaning given in section 342.01, | |
| 6120 | + | 188.18subdivision 15. | |
| 6121 | + | 188.19Sec. 24. Minnesota Statutes 2022, section 169A.03, is amended by adding a subdivision | |
| 6122 | + | 188.20to read: | |
| 6123 | + | 188.21 Subd. 3c.Cannabis product."Cannabis product" has the meaning given in section | |
| 6124 | + | 188.22342.01, subdivision 19. | |
| 6125 | + | 188.23Sec. 25. Minnesota Statutes 2022, section 169A.03, is amended by adding a subdivision | |
| 6126 | + | 188.24to read: | |
| 6127 | + | 188.25 Subd. 10a.Hemp-derived consumer product."Hemp-derived consumer product" has | |
| 6128 | + | 188.26the meaning given in section 342.01, subdivision 35. | |
| 6129 | + | 188.27Sec. 26. Minnesota Statutes 2022, section 169A.03, is amended by adding a subdivision | |
| 6130 | + | 188.28to read: | |
| 6131 | + | 188.29 Subd. 11b.Lower-potency hemp edible."Lower-potency hemp edible" has the meaning | |
| 6132 | + | 188.30given in section 342.01, subdivision 48. | |
| 6133 | + | 188Article 4 Sec. 26. | |
| 6134 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 189.1Sec. 27. Minnesota Statutes 2022, section 169A.20, subdivision 1, is amended to read: | |
| 6135 | + | 189.2 Subdivision 1.Driving while impaired crime; motor vehicle.It is a crime for any | |
| 6136 | + | 189.3person to drive, operate, or be in physical control of any motor vehicle, as defined in section | |
| 6137 | + | 189.4169A.03, subdivision 15, within this state or on any boundary water of this state when: | |
| 6138 | + | 189.5 (1) the person is under the influence of alcohol; | |
| 6139 | + | 189.6 (2) the person is under the influence of a controlled substance; | |
| 6140 | + | 189.7 (3) the person is under the influence of an intoxicating substance and the person knows | |
| 6141 | + | 189.8or has reason to know that the substance has the capacity to cause impairment; | |
| 6142 | + | 189.9 (4) the person is under the influence of a combination of any two or more of the elements | |
| 6143 | + | 189.10named in clauses (1) to (3) or (8); | |
| 6144 | + | 189.11 (5) the person's alcohol concentration at the time, or as measured within two hours of | |
| 6145 | + | 189.12the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or | |
| 6146 | + | 189.13more; | |
| 6147 | + | 189.14 (6) the vehicle is a commercial motor vehicle and the person's alcohol concentration at | |
| 6148 | + | 189.15the time, or as measured within two hours of the time, of driving, operating, or being in | |
| 6149 | + | 189.16physical control of the commercial motor vehicle is 0.04 or more; or | |
| 6150 | + | 189.17 (7) the person's body contains any amount of a controlled substance listed in Schedule | |
| 6151 | + | 189.18I or II, or its metabolite, other than marijuana cannabis flower, a cannabis product, a | |
| 6152 | + | 189.19lower-potency hemp edible, a hemp-derived consumer product, an artificially derived | |
| 6153 | + | 189.20cannabinoid, or tetrahydrocannabinols; or | |
| 6154 | + | 189.21 (8) the person is under the influence of cannabis flower, a cannabis product, a | |
| 6155 | + | 189.22lower-potency hemp edible, a hemp-derived consumer product, an artificially derived | |
| 6156 | + | 189.23cannabinoid, or tetrahydrocannabinols. | |
| 6157 | + | 189.24Sec. 28. Minnesota Statutes 2022, section 169A.31, subdivision 1, is amended to read: | |
| 6158 | + | 189.25 Subdivision 1.Crime described.It is a crime for any person to drive, operate, or be in | |
| 6159 | + | 189.26physical control of any class of school bus or Head Start bus within this state when there is | |
| 6160 | + | 189.27physical evidence present in the person's body of the consumption of any alcohol, cannabis | |
| 6161 | + | 189.28flower, a cannabis product, an artificially derived cannabinoid, or tetrahydrocannabinols. | |
| 6162 | + | 189.29Sec. 29. [169A.36] OPEN PACKAGE LAW. | |
| 6163 | + | 189.30 Subdivision 1.Definitions.As used in this section: | |
| 6164 | + | 189Article 4 Sec. 29. | |
| 6165 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 190.1 (1) "motor vehicle" does not include motorboats in operation or off-road recreational | |
| 6166 | + | 190.2vehicles except while operated on a roadway or shoulder of a roadway that is not part of a | |
| 6167 | + | 190.3grant-in-aid trail or trail designated for that vehicle by the commissioner of natural resources; | |
| 6168 | + | 190.4and | |
| 6169 | + | 190.5 (2) "possession" means either that the person had actual possession of the package or | |
| 6170 | + | 190.6that the person consciously exercised dominion and control over the package. | |
| 6171 | + | 190.7 Subd. 2.Use; crime described.It is a crime for a person to use cannabis flower, a | |
| 6172 | + | 190.8cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, or any | |
| 6173 | + | 190.9other product containing an artificially derived cannabinoid in a motor vehicle when the | |
| 6174 | + | 190.10vehicle is on a street or highway. | |
| 6175 | + | 190.11 Subd. 3.Possession; crime described.It is a crime for a person to have in possession, | |
| 6176 | + | 190.12while in a private motor vehicle on a street or highway, any cannabis flower, a cannabis | |
| 6177 | + | 190.13product, a lower-potency hemp edible, a hemp-derived consumer product, or any other | |
| 6178 | + | 190.14product containing an artificially derived cannabinoid that: | |
| 6179 | + | 190.15 (1) is in packaging or another container that does not comply with the relevant packaging | |
| 6180 | + | 190.16requirements in chapter 152 or 342; | |
| 6181 | + | 190.17 (2) has been removed from the packaging in which it was sold; | |
| 6182 | + | 190.18 (3) is in packaging that has been opened or the seal has been broken; or | |
| 6183 | + | 190.19 (4) is in packaging of which the contents have been partially removed. | |
| 6184 | + | 190.20 Subd. 4.Liability of nonpresent owner; crime described.It is a crime for the owner | |
| 6185 | + | 190.21of any private motor vehicle or the driver, if the owner is not present in the motor vehicle, | |
| 6186 | + | 190.22to keep or allow to be kept in a motor vehicle when the vehicle is on a street or highway | |
| 6187 | + | 190.23any cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived | |
| 6188 | + | 190.24consumer product, or any other product containing an artificially derived cannabinoid that: | |
| 6189 | + | 190.25 (1) is in packaging or another container that does not comply with the relevant packaging | |
| 6190 | + | 190.26requirements in chapter 152 or 342; | |
| 6191 | + | 190.27 (2) has been removed from the packaging in which it was sold; | |
| 6192 | + | 190.28 (3) is in packaging that has been opened or the seal has been broken; or | |
| 6193 | + | 190.29 (4) is in packaging of which the contents have been partially removed. | |
| 6194 | + | 190.30 Subd. 5.Criminal penalty.A person who violates subdivision 2, 3, or 4 is guilty of a | |
| 6195 | + | 190.31misdemeanor. | |
| 6196 | + | 190Article 4 Sec. 29. | |
| 6197 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 191.1 Subd. 6.Exceptions.(a) This section does not prohibit the possession or consumption | |
| 6198 | + | 191.2of cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived | |
| 6199 | + | 191.3consumer product, or any other product containing an artificially derived cannabinoid by | |
| 6200 | + | 191.4passengers in: | |
| 6201 | + | 191.5 (1) a bus that is operated by a motor carrier of passengers as defined in section 221.012, | |
| 6202 | + | 191.6subdivision 26; | |
| 6203 | + | 191.7 (2) a vehicle that is operated for commercial purposes in a manner similar to a bicycle | |
| 6204 | + | 191.8as defined in section 169.011, subdivision 4, with five or more passengers who provide | |
| 6205 | + | 191.9pedal power to the drive train of the vehicle; or | |
| 6206 | + | 191.10 (3) a vehicle providing limousine service as defined in section 221.84, subdivision 1. | |
| 6207 | + | 191.11 (b) Subdivisions 3 and 4 do not apply to: (1) a package that is in the trunk of the vehicle | |
| 6208 | + | 191.12if the vehicle is equipped with a trunk; or (2) a package that is in another area of the vehicle | |
| 6209 | + | 191.13not normally occupied by the driver and passengers if the vehicle is not equipped with a | |
| 6210 | + | 191.14trunk. A utility compartment or glove compartment is deemed to be within the area occupied | |
| 6211 | + | 191.15by the driver and passengers. | |
| 6212 | + | 191.16Sec. 30. Minnesota Statutes 2022, section 169A.51, subdivision 1, is amended to read: | |
| 6213 | + | 191.17 Subdivision 1.Implied consent; conditions; election of test.(a) Any person who drives, | |
| 6214 | + | 191.18operates, or is in physical control of a motor vehicle within this state or on any boundary | |
| 6215 | + | 191.19water of this state consents, subject to the provisions of sections 169A.50 to 169A.53 (implied | |
| 6216 | + | 191.20consent law), and section 169A.20 (driving while impaired), to a chemical test of that | |
| 6217 | + | 191.21person's blood, breath, or urine for the purpose of determining the presence of alcohol,; a | |
| 6218 | + | 191.22controlled substance or its metabolite,; cannabis flower, a cannabis product, a lower-potency | |
| 6219 | + | 191.23hemp edible, a hemp-derived consumer product, artificially derived cannabinoids, or | |
| 6220 | + | 191.24tetrahydrocannabinols; or an intoxicating substance. The test must be administered at the | |
| 6221 | + | 191.25direction of a peace officer. | |
| 6222 | + | 191.26 (b) The test may be required of a person when an officer has probable cause to believe | |
| 6223 | + | 191.27the person was driving, operating, or in physical control of a motor vehicle in violation of | |
| 6224 | + | 191.28section 169A.20 (driving while impaired), and one of the following conditions exist: | |
| 6225 | + | 191.29 (1) the person has been lawfully placed under arrest for violation of section 169A.20 or | |
| 6226 | + | 191.30an ordinance in conformity with it; | |
| 6227 | + | 191.31 (2) the person has been involved in a motor vehicle accident or collision resulting in | |
| 6228 | + | 191.32property damage, personal injury, or death; | |
| 6229 | + | 191Article 4 Sec. 30. | |
| 6230 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 192.1 (3) the person has refused to take the screening test provided for by section 169A.41 | |
| 6231 | + | 192.2(preliminary screening test); or | |
| 6232 | + | 192.3 (4) the screening test was administered and indicated an alcohol concentration of 0.08 | |
| 6233 | + | 192.4or more. | |
| 6234 | + | 192.5 (c) The test may also be required of a person when an officer has probable cause to | |
| 6235 | + | 192.6believe the person was driving, operating, or in physical control of a commercial motor | |
| 6236 | + | 192.7vehicle with the presence of any alcohol. | |
| 6237 | + | 192.8Sec. 31. Minnesota Statutes 2022, section 169A.51, subdivision 4, is amended to read: | |
| 6238 | + | 192.9 Subd. 4.Requirement of urine or blood test.A blood or urine test may be required | |
| 6239 | + | 192.10pursuant to a search warrant under sections 626.04 to 626.18 even after a breath test has | |
| 6240 | + | 192.11been administered if there is probable cause to believe that: | |
| 6241 | + | 192.12 (1) there is impairment by a controlled substance or; an intoxicating substance; or | |
| 6242 | + | 192.13cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer | |
| 6243 | + | 192.14product, artificially derived cannabinoids, or tetrahydrocannabinols that is not subject to | |
| 6244 | + | 192.15testing by a breath test; | |
| 6245 | + | 192.16 (2) a controlled substance listed in Schedule I or II or its metabolite, other than marijuana | |
| 6246 | + | 192.17cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer | |
| 6247 | + | 192.18product, artificially derived cannabinoids, or tetrahydrocannabinols, is present in the person's | |
| 6248 | + | 192.19body; or | |
| 6249 | + | 192.20 (3) the person is unconscious or incapacitated to the point that the peace officer providing | |
| 6250 | + | 192.21a breath test advisory, administering a breath test, or serving the search warrant has a | |
| 6251 | + | 192.22good-faith belief that the person is mentally or physically unable to comprehend the breath | |
| 6252 | + | 192.23test advisory or otherwise voluntarily submit to chemical tests. | |
| 6253 | + | 192.24 Action may be taken against a person who refuses to take a blood test under this | |
| 6254 | + | 192.25subdivision only if a urine test was offered and action may be taken against a person who | |
| 6255 | + | 192.26refuses to take a urine test only if a blood test was offered. This limitation does not apply | |
| 6256 | + | 192.27to an unconscious person under the circumstances described in clause (3). | |
| 6257 | + | 192Article 4 Sec. 31. | |
| 6258 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 193.1Sec. 32. Minnesota Statutes 2022, section 169A.72, is amended to read: | |
| 6259 | + | 193.2 169A.72 DRIVER EDUCATION PROGRAMS. | |
| 6260 | + | 193.3 Driver training courses offered through the public schools and driver training courses | |
| 6261 | + | 193.4offered by private or commercial schools or institutes shall include instruction which must | |
| 6262 | + | 193.5encompass at least: | |
| 6263 | + | 193.6 (1) information on the effects of consumption of beverage alcohol products and the use | |
| 6264 | + | 193.7of illegal drugs, cannabis flower, cannabis products, lower-potency hemp edibles, | |
| 6265 | + | 193.8hemp-derived consumer products, artificially derived cannabinoids, tetrahydrocannabinol | |
| 6266 | + | 193.9derived from any source, prescription drugs, and nonprescription drugs on the ability of a | |
| 6267 | + | 193.10person to operate a motor vehicle; | |
| 6268 | + | 193.11 (2) the hazards of driving while under the influence of alcohol, a controlled substance, | |
| 6269 | + | 193.12or drugs an intoxicating substance; and | |
| 6270 | + | 193.13 (3) the legal penalties and financial consequences resulting from violations of laws | |
| 6271 | + | 193.14prohibiting the operation of a motor vehicle while under the influence of alcohol, a controlled | |
| 6272 | + | 193.15substance, or drugs an intoxicating substance. | |
| 6273 | + | 193.16Sec. 33. Minnesota Statutes 2022, section 244.05, subdivision 2, is amended to read: | |
| 6274 | + | 193.17 Subd. 2.Rules.(a) The commissioner of corrections shall adopt by rule standards and | |
| 6275 | + | 193.18procedures for the establishment of conditions of release and the revocation of supervised | |
| 6276 | + | 193.19or conditional release, and shall specify the period of revocation for each violation of release. | |
| 6277 | + | 193.20Procedures for the revocation of release shall provide due process of law for the inmate. | |
| 6278 | + | 193.21 (b) The commissioner may prohibit an inmate placed on parole, supervised release, or | |
| 6279 | + | 193.22conditional release from using adult-use cannabis flower as defined in section 342.01, | |
| 6280 | + | 193.23subdivision 3, or adult-use cannabis products as defined in section 342.01, subdivision 3, | |
| 6281 | + | 193.24hemp-derived consumer products as defined in section 342.01, subdivision 35, or | |
| 6282 | + | 193.25lower-potency hemp edibles as defined in section 342.01, subdivision 48, if the inmate | |
| 6283 | + | 193.26undergoes a chemical use assessment and abstinence is consistent with a recommended | |
| 6284 | + | 193.27level of care for the defendant in accordance with the criteria in rules adopted by the | |
| 6285 | + | 193.28commissioner of human services under section 254A.03, subdivision 3. | |
| 6286 | + | 193.29 (c) The commissioner of corrections shall not prohibit an inmate placed on parole, | |
| 6287 | + | 193.30supervised release, or conditional release from participating in the registry program as | |
| 6288 | + | 193.31defined in section 342.01, subdivision 61, as a condition of release or revoke a patient's | |
| 6289 | + | 193.32parole, supervised release, or conditional release or otherwise sanction a patient on parole, | |
| 6290 | + | 193Article 4 Sec. 33. | |
| 6291 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 194.1supervised release, or conditional release solely for participating in the registry program or | |
| 6292 | + | 194.2for a positive drug test for cannabis components or metabolites. | |
| 6293 | + | 194.3 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to supervised | |
| 6294 | + | 194.4release granted on or after that date. | |
| 6295 | + | 194.5Sec. 34. Minnesota Statutes 2022, section 609.2112, subdivision 1, is amended to read: | |
| 6296 | + | 194.6 Subdivision 1.Criminal vehicular homicide.(a) Except as provided in paragraph (b), | |
| 6297 | + | 194.7a person is guilty of criminal vehicular homicide and may be sentenced to imprisonment | |
| 6298 | + | 194.8for not more than ten years or to payment of a fine of not more than $20,000, or both, if the | |
| 6299 | + | 194.9person causes the death of a human being not constituting murder or manslaughter as a | |
| 6300 | + | 194.10result of operating a motor vehicle: | |
| 6301 | + | 194.11 (1) in a grossly negligent manner; | |
| 6302 | + | 194.12 (2) in a negligent manner while under the influence of: | |
| 6303 | + | 194.13 (i) alcohol; | |
| 6304 | + | 194.14 (ii) a controlled substance; or | |
| 6305 | + | 194.15 (iii) cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived | |
| 6306 | + | 194.16consumer product, artificially derived cannabinoids, or tetrahydrocannabinols; or | |
| 6307 | + | 194.17 (iii) (iv) any combination of those elements; | |
| 6308 | + | 194.18 (3) while having an alcohol concentration of 0.08 or more; | |
| 6309 | + | 194.19 (4) while having an alcohol concentration of 0.08 or more, as measured within two hours | |
| 6310 | + | 194.20of the time of driving; | |
| 6311 | + | 194.21 (5) in a negligent manner while under the influence of an intoxicating substance and the | |
| 6312 | + | 194.22person knows or has reason to know that the substance has the capacity to cause impairment; | |
| 6313 | + | 194.23 (6) in a negligent manner while any amount of a controlled substance listed in Schedule | |
| 6314 | + | 194.24I or II, or its metabolite, other than marijuana cannabis flower, a cannabis product, a | |
| 6315 | + | 194.25lower-potency hemp edible, a hemp-derived consumer product, artificially derived | |
| 6316 | + | 194.26cannabinoids, or tetrahydrocannabinols, is present in the person's body; | |
| 6317 | + | 194.27 (7) where the driver who causes the collision leaves the scene of the collision in violation | |
| 6318 | + | 194.28of section 169.09, subdivision 1 or 6; or | |
| 6319 | + | 194.29 (8) where the driver had actual knowledge that a peace officer had previously issued a | |
| 6320 | + | 194.30citation or warning that the motor vehicle was defectively maintained, the driver had actual | |
| 6321 | + | 194Article 4 Sec. 34. | |
| 6322 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 195.1knowledge that remedial action was not taken, the driver had reason to know that the defect | |
| 6323 | + | 195.2created a present danger to others, and the death was caused by the defective maintenance. | |
| 6324 | + | 195.3 (b) If a person is sentenced under paragraph (a) for a violation under paragraph (a), | |
| 6325 | + | 195.4clauses (2) to (6), occurring within ten years of a qualified prior driving offense, the statutory | |
| 6326 | + | 195.5maximum sentence of imprisonment is 15 years. | |
| 6327 | + | 195.6Sec. 35. Minnesota Statutes 2022, section 609.2113, subdivision 1, is amended to read: | |
| 6328 | + | 195.7 Subdivision 1.Great bodily harm.A person is guilty of criminal vehicular operation | |
| 6329 | + | 195.8resulting in great bodily harm and may be sentenced to imprisonment for not more than five | |
| 6330 | + | 195.9years or to payment of a fine of not more than $10,000, or both, if the person causes great | |
| 6331 | + | 195.10bodily harm to another not constituting attempted murder or assault as a result of operating | |
| 6332 | + | 195.11a motor vehicle: | |
| 6333 | + | 195.12 (1) in a grossly negligent manner; | |
| 6334 | + | 195.13 (2) in a negligent manner while under the influence of: | |
| 6335 | + | 195.14 (i) alcohol; | |
| 6336 | + | 195.15 (ii) a controlled substance; or | |
| 6337 | + | 195.16 (iii) cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived | |
| 6338 | + | 195.17consumer product, artificially derived cannabinoids, or tetrahydrocannabinols; or | |
| 6339 | + | 195.18 (iii) (iv) any combination of those elements; | |
| 6340 | + | 195.19 (3) while having an alcohol concentration of 0.08 or more; | |
| 6341 | + | 195.20 (4) while having an alcohol concentration of 0.08 or more, as measured within two hours | |
| 6342 | + | 195.21of the time of driving; | |
| 6343 | + | 195.22 (5) in a negligent manner while under the influence of an intoxicating substance and the | |
| 6344 | + | 195.23person knows or has reason to know that the substance has the capacity to cause impairment; | |
| 6345 | + | 195.24 (6) in a negligent manner while any amount of a controlled substance listed in Schedule | |
| 6346 | + | 195.25I or II, or its metabolite, other than marijuana cannabis flower, a cannabis product, a | |
| 6347 | + | 195.26lower-potency hemp edible, a hemp-derived consumer product, artificially derived | |
| 6348 | + | 195.27cannabinoids, or tetrahydrocannabinols, is present in the person's body; | |
| 6349 | + | 195.28 (7) where the driver who causes the accident leaves the scene of the accident in violation | |
| 6350 | + | 195.29of section 169.09, subdivision 1 or 6; or | |
| 6351 | + | 195.30 (8) where the driver had actual knowledge that a peace officer had previously issued a | |
| 6352 | + | 195.31citation or warning that the motor vehicle was defectively maintained, the driver had actual | |
| 6353 | + | 195Article 4 Sec. 35. | |
| 6354 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 196.1knowledge that remedial action was not taken, the driver had reason to know that the defect | |
| 6355 | + | 196.2created a present danger to others, and the injury was caused by the defective maintenance. | |
| 6356 | + | 196.3Sec. 36. Minnesota Statutes 2022, section 609.2113, subdivision 2, is amended to read: | |
| 6357 | + | 196.4 Subd. 2.Substantial bodily harm.A person is guilty of criminal vehicular operation | |
| 6358 | + | 196.5resulting in substantial bodily harm and may be sentenced to imprisonment for not more | |
| 6359 | + | 196.6than three years or to payment of a fine of not more than $10,000, or both, if the person | |
| 6360 | + | 196.7causes substantial bodily harm to another as a result of operating a motor vehicle: | |
| 6361 | + | 196.8 (1) in a grossly negligent manner; | |
| 6362 | + | 196.9 (2) in a negligent manner while under the influence of: | |
| 6363 | + | 196.10 (i) alcohol; | |
| 6364 | + | 196.11 (ii) a controlled substance; or | |
| 6365 | + | 196.12 (iii) cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived | |
| 6366 | + | 196.13consumer product, artificially derived cannabinoids, or tetrahydrocannabinols; or | |
| 6367 | + | 196.14 (iii) (iv) any combination of those elements; | |
| 6368 | + | 196.15 (3) while having an alcohol concentration of 0.08 or more; | |
| 6369 | + | 196.16 (4) while having an alcohol concentration of 0.08 or more, as measured within two hours | |
| 6370 | + | 196.17of the time of driving; | |
| 6371 | + | 196.18 (5) in a negligent manner while under the influence of an intoxicating substance and the | |
| 6372 | + | 196.19person knows or has reason to know that the substance has the capacity to cause impairment; | |
| 6373 | + | 196.20 (6) in a negligent manner while any amount of a controlled substance listed in Schedule | |
| 6374 | + | 196.21I or II, or its metabolite, other than marijuana cannabis flower, a cannabis product, a | |
| 6375 | + | 196.22lower-potency hemp edible, a hemp-derived consumer product, artificially derived | |
| 6376 | + | 196.23cannabinoids, or tetrahydrocannabinols, is present in the person's body; | |
| 6377 | + | 196.24 (7) where the driver who causes the accident leaves the scene of the accident in violation | |
| 6378 | + | 196.25of section 169.09, subdivision 1 or 6; or | |
| 6379 | + | 196.26 (8) where the driver had actual knowledge that a peace officer had previously issued a | |
| 6380 | + | 196.27citation or warning that the motor vehicle was defectively maintained, the driver had actual | |
| 6381 | + | 196.28knowledge that remedial action was not taken, the driver had reason to know that the defect | |
| 6382 | + | 196.29created a present danger to others, and the injury was caused by the defective maintenance. | |
| 6383 | + | 196Article 4 Sec. 36. | |
| 6384 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 197.1Sec. 37. Minnesota Statutes 2022, section 609.2113, subdivision 3, is amended to read: | |
| 6385 | + | 197.2 Subd. 3.Bodily harm.A person is guilty of criminal vehicular operation resulting in | |
| 6386 | + | 197.3bodily harm and may be sentenced to imprisonment for not more than one year or to payment | |
| 6387 | + | 197.4of a fine of not more than $3,000, or both, if the person causes bodily harm to another as a | |
| 6388 | + | 197.5result of operating a motor vehicle: | |
| 6389 | + | 197.6 (1) in a grossly negligent manner; | |
| 6390 | + | 197.7 (2) in a negligent manner while under the influence of: | |
| 6391 | + | 197.8 (i) alcohol; | |
| 6392 | + | 197.9 (ii) a controlled substance; or | |
| 6393 | + | 197.10 (iii) cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived | |
| 6394 | + | 197.11consumer product, artificially derived cannabinoids, or tetrahydrocannabinols; or | |
| 6395 | + | 197.12 (iii) (iv) any combination of those elements; | |
| 6396 | + | 197.13 (3) while having an alcohol concentration of 0.08 or more; | |
| 6397 | + | 197.14 (4) while having an alcohol concentration of 0.08 or more, as measured within two hours | |
| 6398 | + | 197.15of the time of driving; | |
| 6399 | + | 197.16 (5) in a negligent manner while under the influence of an intoxicating substance and the | |
| 6400 | + | 197.17person knows or has reason to know that the substance has the capacity to cause impairment; | |
| 6401 | + | 197.18 (6) in a negligent manner while any amount of a controlled substance listed in Schedule | |
| 6402 | + | 197.19I or II, or its metabolite, other than marijuana cannabis flower, a cannabis product, a | |
| 6403 | + | 197.20lower-potency hemp edible, a hemp-derived consumer product, artificially derived | |
| 6404 | + | 197.21cannabinoids, or tetrahydrocannabinols, is present in the person's body; | |
| 6405 | + | 197.22 (7) where the driver who causes the accident leaves the scene of the accident in violation | |
| 6406 | + | 197.23of section 169.09, subdivision 1 or 6; or | |
| 6407 | + | 197.24 (8) where the driver had actual knowledge that a peace officer had previously issued a | |
| 6408 | + | 197.25citation or warning that the motor vehicle was defectively maintained, the driver had actual | |
| 6409 | + | 197.26knowledge that remedial action was not taken, the driver had reason to know that the defect | |
| 6410 | + | 197.27created a present danger to others, and the injury was caused by the defective maintenance. | |
| 6411 | + | 197.28Sec. 38. Minnesota Statutes 2022, section 609.2114, subdivision 1, is amended to read: | |
| 6412 | + | 197.29 Subdivision 1.Death to an unborn child.(a) Except as provided in paragraph (b), a | |
| 6413 | + | 197.30person is guilty of criminal vehicular operation resulting in death to an unborn child and | |
| 6414 | + | 197.31may be sentenced to imprisonment for not more than ten years or to payment of a fine of | |
| 6415 | + | 197Article 4 Sec. 38. | |
| 6416 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 198.1not more than $20,000, or both, if the person causes the death of an unborn child as a result | |
| 6417 | + | 198.2of operating a motor vehicle: | |
| 6418 | + | 198.3 (1) in a grossly negligent manner; | |
| 6419 | + | 198.4 (2) in a negligent manner while under the influence of: | |
| 6420 | + | 198.5 (i) alcohol; | |
| 6421 | + | 198.6 (ii) a controlled substance; or | |
| 6422 | + | 198.7 (iii) cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived | |
| 6423 | + | 198.8consumer product, artificially derived cannabinoids, or tetrahydrocannabinols; or | |
| 6424 | + | 198.9 (iii) (iv) any combination of those elements; | |
| 6425 | + | 198.10 (3) while having an alcohol concentration of 0.08 or more; | |
| 6426 | + | 198.11 (4) while having an alcohol concentration of 0.08 or more, as measured within two hours | |
| 6427 | + | 198.12of the time of driving; | |
| 6428 | + | 198.13 (5) in a negligent manner while under the influence of an intoxicating substance and the | |
| 6429 | + | 198.14person knows or has reason to know that the substance has the capacity to cause impairment; | |
| 6430 | + | 198.15 (6) in a negligent manner while any amount of a controlled substance listed in Schedule | |
| 6431 | + | 198.16I or II, or its metabolite, other than marijuana cannabis flower, a cannabis product, a | |
| 6432 | + | 198.17lower-potency hemp edible, a hemp-derived consumer product, artificially derived | |
| 6433 | + | 198.18cannabinoids, or tetrahydrocannabinols, is present in the person's body; | |
| 6434 | + | 198.19 (7) where the driver who causes the accident leaves the scene of the accident in violation | |
| 6435 | + | 198.20of section 169.09, subdivision 1 or 6; or | |
| 6436 | + | 198.21 (8) where the driver had actual knowledge that a peace officer had previously issued a | |
| 6437 | + | 198.22citation or warning that the motor vehicle was defectively maintained, the driver had actual | |
| 6438 | + | 198.23knowledge that remedial action was not taken, the driver had reason to know that the defect | |
| 6439 | + | 198.24created a present danger to others, and the injury was caused by the defective maintenance. | |
| 6440 | + | 198.25 (b) If a person is sentenced under paragraph (a) for a violation under paragraph (a), | |
| 6441 | + | 198.26clauses (2) to (6), occurring within ten years of a qualified prior driving offense, the statutory | |
| 6442 | + | 198.27maximum sentence of imprisonment is 15 years. | |
| 6443 | + | 198.28Sec. 39. Minnesota Statutes 2022, section 609.2114, subdivision 2, is amended to read: | |
| 6444 | + | 198.29 Subd. 2.Injury to an unborn child.A person is guilty of criminal vehicular operation | |
| 6445 | + | 198.30resulting in injury to an unborn child and may be sentenced to imprisonment for not more | |
| 6446 | + | 198.31than five years or to payment of a fine of not more than $10,000, or both, if the person | |
| 6447 | + | 198Article 4 Sec. 39. | |
| 6448 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 199.1causes the great bodily harm to an unborn child subsequently born alive as a result of | |
| 6449 | + | 199.2operating a motor vehicle: | |
| 6450 | + | 199.3 (1) in a grossly negligent manner; | |
| 6451 | + | 199.4 (2) in a negligent manner while under the influence of: | |
| 6452 | + | 199.5 (i) alcohol; | |
| 6453 | + | 199.6 (ii) a controlled substance; or | |
| 6454 | + | 199.7 (iii) cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived | |
| 6455 | + | 199.8consumer product, artificially derived cannabinoids, or tetrahydrocannabinols; or | |
| 6456 | + | 199.9 (iii) (iv) any combination of those elements; | |
| 6457 | + | 199.10 (3) while having an alcohol concentration of 0.08 or more; | |
| 6458 | + | 199.11 (4) while having an alcohol concentration of 0.08 or more, as measured within two hours | |
| 6459 | + | 199.12of the time of driving; | |
| 6460 | + | 199.13 (5) in a negligent manner while under the influence of an intoxicating substance and the | |
| 6461 | + | 199.14person knows or has reason to know that the substance has the capacity to cause impairment; | |
| 6462 | + | 199.15 (6) in a negligent manner while any amount of a controlled substance listed in Schedule | |
| 6463 | + | 199.16I or II, or its metabolite, other than marijuana cannabis flower, a cannabis product, a | |
| 6464 | + | 199.17lower-potency hemp edible, a hemp-derived consumer product, artificially derived | |
| 6465 | + | 199.18cannabinoids, or tetrahydrocannabinols, is present in the person's body; | |
| 6466 | + | 199.19 (7) where the driver who causes the accident leaves the scene of the accident in violation | |
| 6467 | + | 199.20of section 169.09, subdivision 1 or 6; or | |
| 6468 | + | 199.21 (8) where the driver had actual knowledge that a peace officer had previously issued a | |
| 6469 | + | 199.22citation or warning that the motor vehicle was defectively maintained, the driver had actual | |
| 6470 | + | 199.23knowledge that remedial action was not taken, the driver had reason to know that the defect | |
| 6471 | + | 199.24created a present danger to others, and the injury was caused by the defective maintenance. | |
| 6472 | + | 199.25Sec. 40. Minnesota Statutes 2022, section 609.5311, subdivision 1, is amended to read: | |
| 6473 | + | 199.26 Subdivision 1.Controlled substances.All controlled substances that were manufactured, | |
| 6474 | + | 199.27distributed, dispensed, or acquired in violation of chapter 152 or 342 are subject to forfeiture | |
| 6475 | + | 199.28under this section, except as provided in subdivision 3 and section 609.5316. | |
| 6476 | + | 199.29 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to violations | |
| 6477 | + | 199.30committed on or after that date. | |
| 6478 | + | 199Article 4 Sec. 40. | |
| 6479 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 200.1Sec. 41. Minnesota Statutes 2022, section 609.5314, subdivision 1, is amended to read: | |
| 6480 | + | 200.2 Subdivision 1.Property subject to administrative forfeiture.(a) The following are | |
| 6481 | + | 200.3subject to administrative forfeiture under this section: | |
| 6482 | + | 200.4 (1) all money totaling $1,500 or more, precious metals, and precious stones that there | |
| 6483 | + | 200.5is probable cause to believe represent the proceeds of a controlled substance offense; | |
| 6484 | + | 200.6 (2) all money found in proximity to controlled substances when there is probable cause | |
| 6485 | + | 200.7to believe that the money was exchanged for the purchase of a controlled substance; | |
| 6486 | + | 200.8 (3) all conveyance devices containing controlled substances with a retail value of $100 | |
| 6487 | + | 200.9or more if there is probable cause to believe that the conveyance device was used in the | |
| 6488 | + | 200.10transportation or exchange of a controlled substance intended for distribution or sale; and | |
| 6489 | + | 200.11 (4) all firearms, ammunition, and firearm accessories found: | |
| 6490 | + | 200.12 (i) in a conveyance device used or intended for use to commit or facilitate the commission | |
| 6491 | + | 200.13of a felony offense involving a controlled substance; | |
| 6492 | + | 200.14 (ii) on or in proximity to a person from whom a felony amount of controlled substance | |
| 6493 | + | 200.15is seized; or | |
| 6494 | + | 200.16 (iii) on the premises where a controlled substance is seized and in proximity to the | |
| 6495 | + | 200.17controlled substance, if possession or sale of the controlled substance would be a felony | |
| 6496 | + | 200.18under chapter 152. | |
| 6497 | + | 200.19 (b) The Department of Corrections Fugitive Apprehension Unit shall not seize items | |
| 6498 | + | 200.20listed in paragraph (a), clauses (3) and (4), for the purposes of forfeiture. | |
| 6499 | + | 200.21 (c) Money is the property of an appropriate agency and may be seized and recovered by | |
| 6500 | + | 200.22the appropriate agency if: | |
| 6501 | + | 200.23 (1) the money is used by an appropriate agency, or furnished to a person operating on | |
| 6502 | + | 200.24behalf of an appropriate agency, to purchase or attempt to purchase a controlled substance; | |
| 6503 | + | 200.25and | |
| 6504 | + | 200.26 (2) the appropriate agency records the serial number or otherwise marks the money for | |
| 6505 | + | 200.27identification. | |
| 6506 | + | 200.28 (d) As used in this section, "money" means United States currency and coin; the currency | |
| 6507 | + | 200.29and coin of a foreign country; a bank check, cashier's check, or traveler's check; a prepaid | |
| 6508 | + | 200.30credit card; cryptocurrency; or a money order. | |
| 6509 | + | 200Article 4 Sec. 41. | |
| 6510 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 201.1 (e) As used in this section, "controlled substance" does not include cannabis flower as | |
| 6511 | + | 201.2defined in section 342.01, subdivision 15, cannabis products as defined in section 342.01, | |
| 6512 | + | 201.3subdivision 19, hemp-derived consumer products as defined in section 342.01, subdivision | |
| 6513 | + | 201.435, or lower-potency hemp edibles as defined in section 342.01, subdivision 48. | |
| 6514 | + | 201.5 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6515 | + | 201.6committed on or after that date. | |
| 6516 | + | 201.7Sec. 42. Minnesota Statutes 2022, section 609.5316, subdivision 2, is amended to read: | |
| 6517 | + | 201.8 Subd. 2.Controlled substances.(a) Controlled substances listed in Schedule I that are | |
| 6518 | + | 201.9possessed, transferred, sold, or offered for sale in violation of chapter 152 or 342, are | |
| 6519 | + | 201.10contraband and must be seized and summarily forfeited. Controlled substances listed in | |
| 6520 | + | 201.11Schedule I that are seized or come into the possession of peace officers, the owners of which | |
| 6521 | + | 201.12are unknown, are contraband and must be summarily forfeited. | |
| 6522 | + | 201.13 (b) Species of plants from which controlled substances in Schedules I and II may be | |
| 6523 | + | 201.14derived that have been planted or cultivated in violation of chapter 152 or of which the | |
| 6524 | + | 201.15owners or cultivators are unknown, or that are wild growths, may be seized and summarily | |
| 6525 | + | 201.16forfeited to the state. The appropriate agency or its authorized agent may seize the plants if | |
| 6526 | + | 201.17the person in occupancy or in control of land or premises where the plants are growing or | |
| 6527 | + | 201.18being stored fails to produce an appropriate registration or proof that the person is the holder | |
| 6528 | + | 201.19of appropriate registration. | |
| 6529 | + | 201.20 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6530 | + | 201.21committed on or after that date. | |
| 6531 | + | 201.22Sec. 43. ORAL FLUID PRELIMINARY TESTING; PILOT PROJECT | |
| 6532 | + | 201.23AUTHORIZED. | |
| 6533 | + | 201.24 (a) The commissioner of public safety is authorized to design, plan, and implement a | |
| 6534 | + | 201.25pilot project intended to determine the efficacy of oral fluid roadside testing to determine | |
| 6535 | + | 201.26the presence of a controlled substance or intoxicating substance by trained law enforcement | |
| 6536 | + | 201.27personnel. The project is further intended to gain a better assessment of the prevalence of | |
| 6537 | + | 201.28drug-impaired drivers on Minnesota roads and to evaluate and validate the appropriate | |
| 6538 | + | 201.29device that could be authorized for use. | |
| 6539 | + | 201.30 (b) The results of this preliminary oral fluid test must not be used in any court action. | |
| 6540 | + | 201.31 (c) Following the screening test, additional tests may be required of the driver pursuant | |
| 6541 | + | 201.32to Minnesota Statutes, section 169A.51 (chemical tests for intoxication). | |
| 6542 | + | 201Article 4 Sec. 43. | |
| 6543 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 202.1 EFFECTIVE DATE.This section is effective August 1, 2023, and expires July 31, | |
| 6544 | + | 202.22025. | |
| 6545 | + | 202.3 ARTICLE 5 | |
| 6546 | + | 202.4 EXPUNGEMENT | |
| 6547 | + | 202.5Section 1. Minnesota Statutes 2022, section 609A.01, is amended to read: | |
| 6548 | + | 202.6 609A.01 EXPUNGEMENT OF CRIMINAL RECORDS. | |
| 6549 | + | 202.7 This chapter provides the grounds and procedures for expungement of criminal records | |
| 6550 | + | 202.8under section 13.82; 152.18, subdivision 1; 299C.11, where a petition is authorized under | |
| 6551 | + | 202.9section 609A.02, subdivision 3; expungement is automatic under section 609A.05; | |
| 6552 | + | 202.10expungement is considered by a panel under section 609A.06; or other applicable law. The | |
| 6553 | + | 202.11remedy available is limited to a court order sealing the records and prohibiting the disclosure | |
| 6554 | + | 202.12of their existence or their opening except under court order or statutory authority. Nothing | |
| 6555 | + | 202.13in this chapter authorizes the destruction of records or their return to the subject of the | |
| 6556 | + | 202.14records. | |
| 6557 | + | 202.15 EFFECTIVE DATE.This section is effective August 1, 2023. | |
| 6558 | + | 202.16Sec. 2. Minnesota Statutes 2022, section 609A.03, subdivision 5, is amended to read: | |
| 6559 | + | 202.17 Subd. 5.Nature of remedy; standard.(a) Except as otherwise provided by paragraph | |
| 6560 | + | 202.18(b), expungement of a criminal record under this section is an extraordinary remedy to be | |
| 6561 | + | 202.19granted only upon clear and convincing evidence that it would yield a benefit to the petitioner | |
| 6562 | + | 202.20commensurate with the disadvantages to the public and public safety of: | |
| 6563 | + | 202.21 (1) sealing the record; and | |
| 6564 | + | 202.22 (2) burdening the court and public authorities to issue, enforce, and monitor an | |
| 6565 | + | 202.23expungement order. | |
| 6566 | + | 202.24 (b) Except as otherwise provided by this paragraph, if the petitioner is petitioning for | |
| 6567 | + | 202.25the sealing of a criminal record under section 609A.02, subdivision 3, paragraph (a), clause | |
| 6568 | + | 202.26(1) or (2), the court shall grant the petition to seal the record unless the agency or jurisdiction | |
| 6569 | + | 202.27whose records would be affected establishes by clear and convincing evidence that the | |
| 6570 | + | 202.28interests of the public and public safety outweigh the disadvantages to the petitioner of not | |
| 6571 | + | 202.29sealing the record. | |
| 6572 | + | 202.30 (c) In making a determination under this subdivision, the court shall consider: | |
| 6573 | + | 202.31 (1) the nature and severity of the underlying crime, the record of which would be sealed; | |
| 6574 | + | 202Article 5 Sec. 2. | |
| 6575 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 203.1 (2) the risk, if any, the petitioner poses to individuals or society; | |
| 6576 | + | 203.2 (3) the length of time since the crime occurred; | |
| 6577 | + | 203.3 (4) the steps taken by the petitioner toward rehabilitation following the crime; | |
| 6578 | + | 203.4 (5) aggravating or mitigating factors relating to the underlying crime, including the | |
| 6579 | + | 203.5petitioner's level of participation and context and circumstances of the underlying crime; | |
| 6580 | + | 203.6 (6) the reasons for the expungement, including the petitioner's attempts to obtain | |
| 6581 | + | 203.7employment, housing, or other necessities; | |
| 6582 | + | 203.8 (7) the petitioner's criminal record; | |
| 6583 | + | 203.9 (8) the petitioner's record of employment and community involvement; | |
| 6584 | + | 203.10 (9) the recommendations of interested law enforcement, prosecutorial, and corrections | |
| 6585 | + | 203.11officials; | |
| 6586 | + | 203.12 (10) the recommendations of victims or whether victims of the underlying crime were | |
| 6587 | + | 203.13minors; | |
| 6588 | + | 203.14 (11) the amount, if any, of restitution outstanding, past efforts made by the petitioner | |
| 6589 | + | 203.15toward payment, and the measures in place to help ensure completion of restitution payment | |
| 6590 | + | 203.16after expungement of the record if granted; and | |
| 6591 | + | 203.17 (12) other factors deemed relevant by the court. | |
| 6592 | + | 203.18 (d) Notwithstanding section 13.82, 13.87, or any other law to the contrary, if the court | |
| 6593 | + | 203.19issues an expungement order it may require that the criminal record be sealed, the existence | |
| 6594 | + | 203.20of the record not be revealed, and the record not be opened except as required under | |
| 6595 | + | 203.21subdivision 7. Records must not be destroyed or returned to the subject of the record. | |
| 6596 | + | 203.22 (e) Information relating to a criminal history record of an employee, former employee, | |
| 6597 | + | 203.23or tenant that has been expunged before the occurrence of the act giving rise to the civil | |
| 6598 | + | 203.24action may not be introduced as evidence in a civil action against a private employer or | |
| 6599 | + | 203.25landlord or its employees or agents that is based on the conduct of the employee, former | |
| 6600 | + | 203.26employee, or tenant. | |
| 6601 | + | 203.27 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6602 | + | 203.28committed on or after that date. | |
| 6603 | + | 203.29Sec. 3. Minnesota Statutes 2022, section 609A.03, subdivision 9, is amended to read: | |
| 6604 | + | 203.30 Subd. 9.Stay of order; appeal.An expungement order issued under this section shall | |
| 6605 | + | 203.31be stayed automatically for 60 days after the order is filed and, if the order is appealed, | |
| 6606 | + | 203Article 5 Sec. 3. | |
| 6607 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 204.1during the appeal period. A person or an agency or jurisdiction whose records would be | |
| 6608 | + | 204.2affected by the order may appeal the order within 60 days of service of notice of filing of | |
| 6609 | + | 204.3the order. An agency or jurisdiction or its officials or employees need not file a cost bond | |
| 6610 | + | 204.4or supersedeas bond in order to further stay the proceedings or file an appeal. | |
| 6611 | + | 204.5 EFFECTIVE DATE.This section is effective August 1, 2023. | |
| 6612 | + | 204.6Sec. 4. [609A.05] AUTOMATIC EXPUNGEMENT OF CERTAIN CANNABIS | |
| 6613 | + | 204.7OFFENSES. | |
| 6614 | + | 204.8 Subdivision 1.Eligibility; dismissal, exoneration, or conviction of nonfelony cannabis | |
| 6615 | + | 204.9offenses.(a) A person is eligible for an order of expungement: | |
| 6616 | + | 204.10 (1) upon the dismissal and discharge of proceedings against a person under section | |
| 6617 | + | 204.11152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027 for possession | |
| 6618 | + | 204.12of marijuana or tetrahydrocannabinols; | |
| 6619 | + | 204.13 (2) if the person was convicted of or received a stayed sentence for a violation of section | |
| 6620 | + | 204.14152.027, subdivision 3 or 4; | |
| 6621 | + | 204.15 (3) if the person was arrested for possession of marijuana or tetrahydrocannabinols and | |
| 6622 | + | 204.16all charges were dismissed prior to a determination of probable cause for charges under | |
| 6623 | + | 204.17section 152.021, subdivision 2, paragraph (a), clause (6); 152.022, subdivision 2, paragraph | |
| 6624 | + | 204.18(a), clause (6); 152.023, subdivision 2, paragraph (a), clause (5); 152.024, subdivision 2, | |
| 6625 | + | 204.19clause (2); 152.025, subdivision 2, clause (1); or 152.027, subdivision 3 or 4; or | |
| 6626 | + | 204.20 (4) if all pending actions or proceedings involving the possession of marijuana or | |
| 6627 | + | 204.21tetrahydrocannabinols were resolved in favor of the person for charges under section 152.021, | |
| 6628 | + | 204.22subdivision 2, paragraph (a), clause (6); 152.022, subdivision 2, paragraph (a), clause (6); | |
| 6629 | + | 204.23152.023, subdivision 2, paragraph (a), clause (5); 152.024, subdivision 2, clause (2); 152.025, | |
| 6630 | + | 204.24subdivision 2, clause (1); or 152.027, subdivision 3 or 4. | |
| 6631 | + | 204.25 (b) For purposes of this section: | |
| 6632 | + | 204.26 (1) a verdict of not guilty by reason of mental illness is not a resolution in favor of the | |
| 6633 | + | 204.27person; and | |
| 6634 | + | 204.28 (2) an action or proceeding is resolved in favor of the person if the person received an | |
| 6635 | + | 204.29order under section 590.11 determining that the person is eligible for compensation based | |
| 6636 | + | 204.30on exoneration. | |
| 6637 | + | 204Article 5 Sec. 4. | |
| 6638 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 205.1 Subd. 2.Bureau of Criminal Apprehension to identify eligible individuals.(a) The | |
| 6639 | + | 205.2Bureau of Criminal Apprehension shall identify records that qualify for an order of | |
| 6640 | + | 205.3expungement pursuant to subdivision 1. | |
| 6641 | + | 205.4 (b) The Bureau of Criminal Apprehension shall notify the judicial branch of: | |
| 6642 | + | 205.5 (1) the name and date of birth of an individual whose record is eligible for an order of | |
| 6643 | + | 205.6expungement; and | |
| 6644 | + | 205.7 (2) the case number of the eligible record. | |
| 6645 | + | 205.8 (c) The Bureau of Criminal Apprehension shall grant an expungement to each qualifying | |
| 6646 | + | 205.9person whose records the bureau possesses and shall seal the bureau's records without | |
| 6647 | + | 205.10requiring an application, petition, or motion. The bureau shall seal records related to an | |
| 6648 | + | 205.11expungement within 60 days after the bureau sent notice of the expungement to the judicial | |
| 6649 | + | 205.12branch pursuant to paragraph (b) unless an order of the judicial branch prohibits sealing the | |
| 6650 | + | 205.13records or additional information establishes that the records are not eligible for expungement. | |
| 6651 | + | 205.14 (d) Nonpublic criminal records maintained by the bureau and subject to a grant of | |
| 6652 | + | 205.15expungement relief must display a notation stating "expungement relief granted pursuant | |
| 6653 | + | 205.16to section 609A.05." | |
| 6654 | + | 205.17 (e) The bureau shall inform each arresting or citing law enforcement agency with records | |
| 6655 | + | 205.18affected by the grant of expungement relief issued pursuant to paragraph (c) that expungement | |
| 6656 | + | 205.19has been granted. The bureau shall notify each arresting or citing law enforcement agency | |
| 6657 | + | 205.20of an expungement within 60 days after the bureau sent notice of the expungement to the | |
| 6658 | + | 205.21judicial branch. The bureau may notify each law enforcement agency using electronic means. | |
| 6659 | + | 205.22Upon receiving notification of an expungement, a law enforcement agency shall seal all | |
| 6660 | + | 205.23records related to the expungement, including the records of the person's arrest, indictment, | |
| 6661 | + | 205.24trial, verdict, and dismissal or discharge of the case. | |
| 6662 | + | 205.25 (f) The Bureau of Criminal Apprehension shall make a reasonable and good faith effort | |
| 6663 | + | 205.26to notify any person whose record qualifies for an order of expungement or a grant of | |
| 6664 | + | 205.27expungement that the offense qualifies and notice is being sent to the judicial branch. Notice | |
| 6665 | + | 205.28sent pursuant to this paragraph shall inform the person that, following the order of | |
| 6666 | + | 205.29expungement, any records of an arrest, conviction, or incarceration should not appear on | |
| 6667 | + | 205.30any background check or study performed in Minnesota. Notice must also clearly state that | |
| 6668 | + | 205.31an order of expungement or a grant of expungement may not change a person's immigration | |
| 6669 | + | 205.32status and any person with questions about the effect on the person's immigration status | |
| 6670 | + | 205.33should consult with an immigration attorney. | |
| 6671 | + | 205Article 5 Sec. 4. | |
| 6672 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 206.1 (g) On a schedule and in a manner established by the commissioner of human services, | |
| 6673 | + | 206.2the bureau shall send the commissioner of human services a list identifying the name and | |
| 6674 | + | 206.3case number or, if no case number is available, the citation number of each person who | |
| 6675 | + | 206.4received a grant of expungement. | |
| 6676 | + | 206.5 (h) Data on a person whose offense has been expunged under this subdivision, including | |
| 6677 | + | 206.6any notice sent pursuant to paragraph (e), (f), or (g), are private data on individuals as defined | |
| 6678 | + | 206.7in section 13.02, subdivision 12. | |
| 6679 | + | 206.8 Subd. 3.Order of expungement.(a) Upon receiving notice that an offense qualifies | |
| 6680 | + | 206.9for expungement, or upon entering an order dismissing charges prior to a determination of | |
| 6681 | + | 206.10probable cause, the court shall issue an order vacating the conviction, if any, discharging | |
| 6682 | + | 206.11the person from any form of supervision, dismissing the proceedings against that person, | |
| 6683 | + | 206.12and sealing all records relating to an arrest, indictment or information, trial, verdict, or | |
| 6684 | + | 206.13dismissal and discharge for an offense described in subdivision 1. | |
| 6685 | + | 206.14 (b) Section 609A.03, subdivision 6, applies to an order issued under this section sealing | |
| 6686 | + | 206.15the record of proceedings under section 152.18. | |
| 6687 | + | 206.16 (c) The limitations under section 609A.03, subdivision 7a, paragraph (b), do not apply | |
| 6688 | + | 206.17to an order issued under this section. | |
| 6689 | + | 206.18 (d) The court administrator shall send a copy of an expungement order issued under this | |
| 6690 | + | 206.19section to each agency and jurisdiction whose records are affected by the terms of the order | |
| 6691 | + | 206.20and send a letter to the last known address of the person whose offense has been expunged | |
| 6692 | + | 206.21identifying each agency to which the order was sent. The courts shall not order the | |
| 6693 | + | 206.22Department of Health or Human Services to seal records under this section. | |
| 6694 | + | 206.23 (e) In consultation with the commissioner of human services, the court shall establish a | |
| 6695 | + | 206.24schedule on which the court shall provide the commissioner of human services and the | |
| 6696 | + | 206.25Professional Educator Licensing and Standards Board a list identifying the name and case | |
| 6697 | + | 206.26number or if no case number is available, the citation number of each person who received | |
| 6698 | + | 206.27an expungement order issued under this section. | |
| 6699 | + | 206.28 (f) Data on the person whose offense has been expunged contained in a letter or other | |
| 6700 | + | 206.29notification sent under this subdivision are private data on individuals as defined in section | |
| 6701 | + | 206.3013.02. | |
| 6702 | + | 206.31 Subd. 4.Report.The Bureau of Criminal Apprehension shall issue a report to the | |
| 6703 | + | 206.32legislative committees and divisions with jurisdiction over public safety policy and finance | |
| 6704 | + | 206.33upon completion of the work required under subdivision 2. The report shall contain summary | |
| 6705 | + | 206Article 5 Sec. 4. | |
| 6706 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 207.1data and must include the total number of expungements granted by the Bureau of Criminal | |
| 6707 | + | 207.2Apprehension. | |
| 6708 | + | 207.3 EFFECTIVE DATE.This section is effective August 1, 2023. | |
| 6709 | + | 207.4Sec. 5. [609A.06] EXPUNGEMENT AND RESENTENCING OF FELONY | |
| 6710 | + | 207.5CANNABIS OFFENSES. | |
| 6711 | + | 207.6 Subdivision 1.Cannabis Expungement Board.(a) The Cannabis Expungement Board | |
| 6712 | + | 207.7is created with the powers and duties established by law. | |
| 6713 | + | 207.8 (b) The Cannabis Expungement Board is composed of the following members: | |
| 6714 | + | 207.9 (1) the chief justice of the supreme court or a designee; | |
| 6715 | + | 207.10 (2) the attorney general or a designee; | |
| 6716 | + | 207.11 (3) one public defender, appointed by the governor upon recommendation of the state | |
| 6717 | + | 207.12public defender; | |
| 6718 | + | 207.13 (4) the commissioner of one department of the state government as defined in section | |
| 6719 | + | 207.1415.01, appointed by the governor; and | |
| 6720 | + | 207.15 (5) one public member with experience as an advocate for victim's rights, appointed by | |
| 6721 | + | 207.16the governor. | |
| 6722 | + | 207.17 (c) The Cannabis Expungement Board shall have the following powers and duties: | |
| 6723 | + | 207.18 (1) to obtain and review the records, including but not limited to all matters, files, | |
| 6724 | + | 207.19documents, and papers incident to the arrest, indictment, information, trial, appeal, or | |
| 6725 | + | 207.20dismissal and discharge, which relate to a charge for possession of a controlled substance; | |
| 6726 | + | 207.21 (2) to determine whether a person committed an act involving the possession of cannabis | |
| 6727 | + | 207.22flower or cannabinoid products that would either be a lesser offense or no longer be a crime | |
| 6728 | + | 207.23after August 1, 2023; | |
| 6729 | + | 207.24 (3) to determine whether a person's conviction should be vacated, charges should be | |
| 6730 | + | 207.25dismissed, and records should be expunged, or whether the person should be resentenced | |
| 6731 | + | 207.26to a lesser offense; and | |
| 6732 | + | 207.27 (4) to notify the judicial branch of individuals eligible for an expungement or resentencing | |
| 6733 | + | 207.28to a lesser offense. | |
| 6734 | + | 207.29 (d) The Cannabis Expungement Board shall complete the board's work by June 30, 2028. | |
| 6735 | + | 207Article 5 Sec. 5. | |
| 6736 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 208.1 Subd. 2.Eligibility; possession of cannabis.(a) A person is eligible for an expungement | |
| 6737 | + | 208.2or resentencing to a lesser offense if: | |
| 6738 | + | 208.3 (1) the person was convicted of, or adjudication was stayed for, a violation of any of the | |
| 6739 | + | 208.4following involving the possession of marijuana or tetrahydrocannabinols: | |
| 6740 | + | 208.5 (i) section 152.021, subdivision 2, clause (6); | |
| 6741 | + | 208.6 (ii) section 152.022, subdivision 2, clause (6); | |
| 6742 | + | 208.7 (iii) section 152.023, subdivision 2, clause (5); or | |
| 6743 | + | 208.8 (iv) section 152.025, subdivision 2, clause (1). | |
| 6744 | + | 208.9 (2) the offense did not involve a dangerous weapon, the intentional infliction of bodily | |
| 6745 | + | 208.10harm on another, an attempt to inflict bodily harm on another, or an act committed with the | |
| 6746 | + | 208.11intent to cause fear in another of immediate bodily harm or death; | |
| 6747 | + | 208.12 (3) the act on which the charge was based would either be a lesser offense or no longer | |
| 6748 | + | 208.13be a crime after August 1, 2023; and | |
| 6749 | + | 208.14 (4) the person did not appeal the sentence, any appeal was denied, or the deadline to file | |
| 6750 | + | 208.15an appeal has expired. | |
| 6751 | + | 208.16 (b) For purposes of this subdivision, a "lesser offense" means a nonfelony offense if the | |
| 6752 | + | 208.17person was charged with a felony. | |
| 6753 | + | 208.18 Subd. 3.Bureau of Criminal Apprehension to identify eligible records.(a) The | |
| 6754 | + | 208.19Bureau of Criminal Apprehension shall identify convictions and sentences where adjudication | |
| 6755 | + | 208.20was stayed that qualify for review under subdivision 2, paragraph (a), clause (1). | |
| 6756 | + | 208.21 (b) The Bureau of Criminal Apprehension shall notify the Cannabis Expungement Board | |
| 6757 | + | 208.22of: | |
| 6758 | + | 208.23 (1) the name and date of birth of a person whose record is eligible for review; and | |
| 6759 | + | 208.24 (2) the case number of the eligible conviction or stay of adjudication. | |
| 6760 | + | 208.25 Subd. 4.Access to records.The Cannabis Expungement Board shall have free access | |
| 6761 | + | 208.26to records, including but not limited to all matters, files, documents, and papers incident to | |
| 6762 | + | 208.27the arrest, indictment, information, trial, appeal, or dismissal and discharge that relate to a | |
| 6763 | + | 208.28charge and conviction or stay of adjudication for possession of a controlled substance held | |
| 6764 | + | 208.29by law enforcement agencies, prosecuting authorities, and court administrators. The Cannabis | |
| 6765 | + | 208.30Expungement Board may issue subpoenas for and compel the production of books, records, | |
| 6766 | + | 208.31accounts, documents, and papers. If any person fails or refuses to produce any books, records, | |
| 6767 | + | 208Article 5 Sec. 5. | |
| 6768 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 209.1accounts, documents, or papers material in the matter under consideration after having been | |
| 6769 | + | 209.2lawfully required by order or subpoena, any judge of the district court in any county of the | |
| 6770 | + | 209.3state where the order or subpoena was made returnable, on application of the commissioner | |
| 6771 | + | 209.4of management and budget or commissioner of administration, as the case may be, shall | |
| 6772 | + | 209.5compel obedience or punish disobedience as for contempt, as in the case of disobedience | |
| 6773 | + | 209.6of a similar order or subpoena issued by such court. | |
| 6774 | + | 209.7 Subd. 5.Meetings; anonymous identifier.(a) The Cannabis Expungement Board shall | |
| 6775 | + | 209.8hold meetings at least monthly and shall hold a meeting whenever the board takes formal | |
| 6776 | + | 209.9action on a review of a conviction or stay of adjudication for an offense involving the | |
| 6777 | + | 209.10possession of marijuana or tetrahydrocannabinols. All board meetings shall be open to the | |
| 6778 | + | 209.11public and subject to chapter 13D. | |
| 6779 | + | 209.12 (b) Any victim of a crime being reviewed and any law enforcement agency may submit | |
| 6780 | + | 209.13an oral or written statement at the meeting, giving a recommendation on whether a person's | |
| 6781 | + | 209.14record should be expunged or the person should be resentenced to a lesser offense. The | |
| 6782 | + | 209.15board must consider the victim's and the law enforcement agency's statement when making | |
| 6783 | + | 209.16the board's decision. | |
| 6784 | + | 209.17 (c) Section 13D.05 governs the board's treatment of not public data, as defined by section | |
| 6785 | + | 209.1813.02, subdivision 8a, discussed at open meetings of the board. Notwithstanding section | |
| 6786 | + | 209.1913.03, subdivision 11, the board shall assign an anonymous, unique identifier to each victim | |
| 6787 | + | 209.20of a crime and person whose conviction or stay of adjudication the board reviews. The | |
| 6788 | + | 209.21identifier shall be used in any discussion in a meeting open to the public and on any records | |
| 6789 | + | 209.22available to the public to protect the identity of the person whose records are being | |
| 6790 | + | 209.23considered. | |
| 6791 | + | 209.24 Subd. 6.Review and determination.(a) The Cannabis Expungement Board shall review | |
| 6792 | + | 209.25all available records to determine whether the conviction or stay of adjudication is eligible | |
| 6793 | + | 209.26for an expungement or resentencing to a lesser offense. An expungement under this section | |
| 6794 | + | 209.27is presumed to be in the public interest unless there is clear and convincing evidence that | |
| 6795 | + | 209.28an expungement or resentencing to a lesser offense would create a risk to public safety. | |
| 6796 | + | 209.29 (b) If the Cannabis Expungement Board determines that an expungement is in the public | |
| 6797 | + | 209.30interest, the board shall determine whether a person's conviction should be vacated and | |
| 6798 | + | 209.31charges should be dismissed. | |
| 6799 | + | 209.32 (c) If the Cannabis Expungement Board determines that an expungement is in the public | |
| 6800 | + | 209.33interest, the board shall determine whether the limitations under section 609A.03, subdivision | |
| 6801 | + | 209.345a, apply. | |
| 6802 | + | 209Article 5 Sec. 5. | |
| 6803 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 210.1 (d) If the Cannabis Expungement Board determines that an expungement is in the public | |
| 6804 | + | 210.2interest, the board shall determine whether the limitations under section 609A.03, subdivision | |
| 6805 | + | 210.37a, paragraph (b), clause (5), apply. | |
| 6806 | + | 210.4 (e) If the Cannabis Expungement Board determines that an expungement is not in the | |
| 6807 | + | 210.5public interest, the board shall determine whether the person is eligible for resentencing to | |
| 6808 | + | 210.6a lesser offense. | |
| 6809 | + | 210.7 (f) In making a determination under this subdivision, the Cannabis Expungement Board | |
| 6810 | + | 210.8shall consider: | |
| 6811 | + | 210.9 (1) the nature and severity of the underlying crime, including but not limited to the total | |
| 6812 | + | 210.10amount of marijuana or tetrahydrocannabinols possessed by the person and whether the | |
| 6813 | + | 210.11offense involved a dangerous weapon, the intentional infliction of bodily harm on another, | |
| 6814 | + | 210.12an attempt to inflict bodily harm on another, or an act committed with the intent to cause | |
| 6815 | + | 210.13fear in another of immediate bodily harm or death; | |
| 6816 | + | 210.14 (2) whether an expungement or resentencing the person a lesser offense would increase | |
| 6817 | + | 210.15the risk, if any, the person poses to other individuals or society; | |
| 6818 | + | 210.16 (3) if the person is under sentence, whether an expungement or resentencing to a lesser | |
| 6819 | + | 210.17offense would result in the release of the person and whether release earlier than the date | |
| 6820 | + | 210.18that the person would be released under the sentence currently being served would present | |
| 6821 | + | 210.19a danger to the public or would be compatible with the welfare of society; | |
| 6822 | + | 210.20 (4) aggravating or mitigating factors relating to the underlying crime, including the | |
| 6823 | + | 210.21person's level of participation and the context and circumstances of the underlying crime; | |
| 6824 | + | 210.22 (5) statements from victims and law enforcement, if any; | |
| 6825 | + | 210.23 (6) if an expungement or resentencing the person to a lesser offense is considered, | |
| 6826 | + | 210.24whether there is good cause to restore the person's right to possess firearms and ammunition; | |
| 6827 | + | 210.25 (7) if an expungement is considered, whether an expunged record of a conviction or stay | |
| 6828 | + | 210.26of adjudication may be opened for purposes of a background check required under section | |
| 6829 | + | 210.27122A.18, subdivision 8; and | |
| 6830 | + | 210.28 (8) other factors deemed relevant by the Cannabis Expungement Board. | |
| 6831 | + | 210.29 (g) In making a determination under this subdivision, the Cannabis Expungement Board | |
| 6832 | + | 210.30shall not consider the impact the expungement would have on the offender based on any | |
| 6833 | + | 210.31records held by the Department of Health or Human Services. | |
| 6834 | + | 210.32 (h) The affirmative vote of three members is required for action taken at any meeting. | |
| 6835 | + | 210Article 5 Sec. 5. | |
| 6836 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 211.1 Subd. 7.Annual report.Until the board completes its work, the board shall issue a | |
| 6837 | + | 211.2report by January 15 of each year to the legislative committees and divisions with jurisdiction | |
| 6838 | + | 211.3over public safety policy and finance upon completion of the work required under subdivision | |
| 6839 | + | 211.42. The report shall contain summary data and must include: | |
| 6840 | + | 211.5 (1) the total number of cases reviewed in the previous year; | |
| 6841 | + | 211.6 (2) the total number of cases in which the board determined that an expungement is in | |
| 6842 | + | 211.7the public interest; | |
| 6843 | + | 211.8 (3) the total number of cases in which the board determined that resentencing to a lesser | |
| 6844 | + | 211.9offense is appropriate, the original sentence in those cases, and the lesser offense | |
| 6845 | + | 211.10recommended by the board; | |
| 6846 | + | 211.11 (4) the total number of cases in which the board determined that no change to the original | |
| 6847 | + | 211.12sentence was appropriate; and | |
| 6848 | + | 211.13 (5) the total number of cases remaining to be reviewed. | |
| 6849 | + | 211.14 Subd. 8.Notice to judicial branch and offenders.(a) The Cannabis Expungement | |
| 6850 | + | 211.15Board shall identify any conviction or stay of adjudication that qualifies for an order of | |
| 6851 | + | 211.16expungement or resentencing to a lesser offense and notify the judicial branch of: | |
| 6852 | + | 211.17 (1) the name and date of birth of a person whose conviction or stay of adjudication is | |
| 6853 | + | 211.18eligible for an order of expungement or resentencing to a lesser offense; | |
| 6854 | + | 211.19 (2) the case number of the eligible conviction or stay of adjudication; | |
| 6855 | + | 211.20 (3) whether the person is eligible for an expungement; | |
| 6856 | + | 211.21 (4) if the person is eligible for an expungement, whether the person's conviction should | |
| 6857 | + | 211.22be vacated and charges should be dismissed; | |
| 6858 | + | 211.23 (5) if the person is eligible for an expungement, whether there is good cause to restore | |
| 6859 | + | 211.24the offender's right to possess firearms and ammunition; | |
| 6860 | + | 211.25 (6) if the person is eligible for an expungement, whether the limitations under section | |
| 6861 | + | 211.26609A.03, subdivision 7a, paragraph (b), clause (5), apply; and | |
| 6862 | + | 211.27 (7) if the person is eligible for resentencing to a lesser offense, the lesser sentence to be | |
| 6863 | + | 211.28imposed. | |
| 6864 | + | 211.29 (b) The Cannabis Expungement Board shall make a reasonable and good faith effort to | |
| 6865 | + | 211.30notify any person whose conviction or stay of adjudication qualifies for an order of | |
| 6866 | + | 211.31expungement that the offense qualifies and notice is being sent to the judicial branch. Notice | |
| 6867 | + | 211Article 5 Sec. 5. | |
| 6868 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 212.1sent pursuant to this paragraph shall inform the person that, following the order of | |
| 6869 | + | 212.2expungement, any records of an arrest, conviction, or incarceration should not appear on | |
| 6870 | + | 212.3any background check or study. | |
| 6871 | + | 212.4 Subd. 9.Data classification.All data collected, created, received, maintained, or | |
| 6872 | + | 212.5disseminated by the Cannabis Expungement Board in which each victim of a crime and | |
| 6873 | + | 212.6person whose conviction or stay of adjudication that the Cannabis Expungement Board | |
| 6874 | + | 212.7reviews is or can be identified as the subject of the data is classified as private data on | |
| 6875 | + | 212.8individuals, as defined by section 13.02, subdivision 12. | |
| 6876 | + | 212.9 Subd. 10.Order of expungement.(a) Upon receiving notice that an offense qualifies | |
| 6877 | + | 212.10for expungement, the court shall issue an order sealing all records relating to an arrest, | |
| 6878 | + | 212.11indictment or information, trial, verdict, or dismissal and discharge for an offense described | |
| 6879 | + | 212.12in subdivision 1. The courts shall not order the Department of Health or Human Services | |
| 6880 | + | 212.13to seal records under this section. If the Cannabis Expungement Board determined that the | |
| 6881 | + | 212.14person's conviction should be vacated and charges should be dismissed, the order shall | |
| 6882 | + | 212.15vacate and dismiss the charges. | |
| 6883 | + | 212.16 (b) If the Cannabis Expungement Board determined that there is good cause to restore | |
| 6884 | + | 212.17the person's right to possess firearms and ammunition, the court shall issue an order pursuant | |
| 6885 | + | 212.18to section 609.165, subdivision 1d. | |
| 6886 | + | 212.19 (c) If the Cannabis Expungement Board determined that an expunged record of a | |
| 6887 | + | 212.20conviction or stay of adjudication may not be opened for purposes of a background check | |
| 6888 | + | 212.21required under section 122A.18, subdivision 8, the court shall direct the order specifically | |
| 6889 | + | 212.22to the Professional Educator Licensing and Standards Board. | |
| 6890 | + | 212.23 (d) The court administrator shall send a copy of an expungement order issued under this | |
| 6891 | + | 212.24section to each agency and jurisdiction whose records are affected by the terms of the order | |
| 6892 | + | 212.25and send a letter to the last known address of the person whose offense has been expunged | |
| 6893 | + | 212.26identifying each agency to which the order was sent. | |
| 6894 | + | 212.27 (e) Data on the person whose offense has been expunged in a letter sent under this | |
| 6895 | + | 212.28subdivision are private data on individuals as defined in section 13.02. | |
| 6896 | + | 212.29 Subd. 11.Resentencing.(a) If the Cannabis Expungement Board determined that a | |
| 6897 | + | 212.30person is eligible for resentencing to a lesser offense and the person is currently under | |
| 6898 | + | 212.31sentence, the court shall proceed as if the appellate court directed a reduction of the conviction | |
| 6899 | + | 212.32to an offense of lesser degree pursuant to rule 28.02, subdivision 12 of the Rules of Criminal | |
| 6900 | + | 212.33Procedure. | |
| 6901 | + | 212Article 5 Sec. 5. | |
| 6902 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 213.1 (b) If the Cannabis Expungement Board determined that a person is eligible for | |
| 6903 | + | 213.2resentencing to a lesser offense and the person completed or has been discharged from the | |
| 6904 | + | 213.3sentence, the court may issue an order amending the conviction to an offense of lesser degree | |
| 6905 | + | 213.4without holding a hearing. | |
| 6906 | + | 213.5 (c) If the Cannabis Expungement Board determined that there is good cause to restore | |
| 6907 | + | 213.6the person's right to possess firearms and ammunition, the court shall, as necessary, issue | |
| 6908 | + | 213.7an order pursuant to section 609.165, subdivision 1d. | |
| 6909 | + | 213.8 EFFECTIVE DATE.This section is effective August 1, 2023. | |
| 6910 | + | 213.9 ARTICLE 6 | |
| 6911 | + | 213.10 MISCELLANEOUS PROVISIONS | |
| 6912 | + | 213.11Section 1. [3.9224] MEDICAL CANNABIS; COMPACTS TO BE NEGOTIATED. | |
| 6913 | + | 213.12 Subdivision 1.Definitions.(a) As used in this section, the following terms have the | |
| 6914 | + | 213.13meanings given. | |
| 6915 | + | 213.14 (b) "Indian Tribe" means a Tribe, band, nation, or other federally recognized group or | |
| 6916 | + | 213.15community of Indians located within the geographical boundaries of the state of Minnesota. | |
| 6917 | + | 213.16 (c) "Medical cannabinoid product" has the meaning given in section 342.01, subdivision | |
| 6918 | + | 213.1750. | |
| 6919 | + | 213.18 (d) "Medical cannabis flower" has the meaning given in section 342.01, subdivision 52. | |
| 6920 | + | 213.19 Subd. 2.Negotiations authorized.Following a public hearing, the governor or the | |
| 6921 | + | 213.20governor's designated representatives are authorized to negotiate in good faith a compact | |
| 6922 | + | 213.21with an Indian Tribe regulating medical cannabis flower and medical cannabinoid products. | |
| 6923 | + | 213.22The attorney general is the legal counsel for the governor or the governor's representatives | |
| 6924 | + | 213.23in regard to negotiating a compact under this section. If the governor appoints designees to | |
| 6925 | + | 213.24negotiate under this subdivision, the designees must include at least two members of the | |
| 6926 | + | 213.25senate and two members of the house of representatives, two of whom must be the chairs | |
| 6927 | + | 213.26of the senate and house of representatives standing committees with jurisdiction over health | |
| 6928 | + | 213.27policy. | |
| 6929 | + | 213.28 Subd. 3.Terms of compact; rights of parties.(a) A compact agreed to under this | |
| 6930 | + | 213.29section may address any issues related to medical cannabis flower and medical cannabinoid | |
| 6931 | + | 213.30products that affect the interests of both the state and Indian Tribe or otherwise have an | |
| 6932 | + | 213.31impact on Tribal-state relations. At a minimum, a compact agreed to on behalf of the state | |
| 6933 | + | 213.32under this section must address: | |
| 6934 | + | 213Article 6 Section 1. | |
| 6935 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 214.1 (1) the enforcement of criminal and civil laws; | |
| 6936 | + | 214.2 (2) the regulation of the commercial production, processing, sale or distribution, and | |
| 6937 | + | 214.3possession of medical cannabis flower and medical cannabinoid products; | |
| 6938 | + | 214.4 (3) medical and pharmaceutical research involving medical cannabis flower and medical | |
| 6939 | + | 214.5cannabinoid products; | |
| 6940 | + | 214.6 (4) the taxation of medical cannabis flower and medical cannabinoid products, including | |
| 6941 | + | 214.7establishing an appropriate amount and method of revenue sharing; | |
| 6942 | + | 214.8 (5) the immunities of an Indian Tribe or preemption of state law regarding the production, | |
| 6943 | + | 214.9processing, or sale or distribution of medical cannabis flower and medical cannabinoid | |
| 6944 | + | 214.10products; and | |
| 6945 | + | 214.11 (6) the method of resolution for disputes involving the compact, including the use of | |
| 6946 | + | 214.12mediation or other alternative dispute resolution processes and procedures. | |
| 6947 | + | 214.13 (b) In addressing the issues identified under paragraph (a), the governor or the governor's | |
| 6948 | + | 214.14designated representatives shall only enter into agreements that: | |
| 6949 | + | 214.15 (1) provide for the preservation of public health and safety; | |
| 6950 | + | 214.16 (2) ensure the security of production, processing, retail, and research facilities on Tribal | |
| 6951 | + | 214.17land; and | |
| 6952 | + | 214.18 (3) establish provisions regulating business involving medical cannabis flower and | |
| 6953 | + | 214.19medical cannabinoid products that pass between Tribal land and non-Tribal land in the state. | |
| 6954 | + | 214.20 Subd. 4.Assessments and charges.Notwithstanding any law to the contrary, any | |
| 6955 | + | 214.21compact agreed to under this section shall establish all taxes, fees, assessments, and other | |
| 6956 | + | 214.22charges related to the production, processing, sale or distribution, and possession of medical | |
| 6957 | + | 214.23cannabis flower and medical cannabinoid products. | |
| 6958 | + | 214.24 Subd. 5.Civil and criminal immunities.The following acts, when performed by a | |
| 6959 | + | 214.25validly licensed medical cannabis retailer or an employee of a medical cannabis retailer | |
| 6960 | + | 214.26operated by an Indian Tribe pursuant to a compact entered into under this section, do not | |
| 6961 | + | 214.27constitute a criminal or civil offense under state law: | |
| 6962 | + | 214.28 (1) the cultivation of cannabis flower, as defined in section 342.01, subdivision 15; | |
| 6963 | + | 214.29 (2) the possession, purchase, and receipt of medical cannabis flower and medical | |
| 6964 | + | 214.30cannabinoid products that are properly packaged and labeled as authorized under a compact | |
| 6965 | + | 214.31entered into pursuant to this section; and | |
| 6966 | + | 214Article 6 Section 1. | |
| 6967 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 215.1 (3) the delivery, distribution, and sale of medical cannabis flower and medical cannabinoid | |
| 6968 | + | 215.2products as authorized under a compact entered into pursuant to this section and that takes | |
| 6969 | + | 215.3place on the premises of a medical cannabis retailer on Tribal land to any person 21 years | |
| 6970 | + | 215.4of age or older. | |
| 6971 | + | 215.5 Subd. 6.Publication; report.(a) The governor shall post any compact entered into | |
| 6972 | + | 215.6under this section on a publicly accessible website. | |
| 6973 | + | 215.7 (b) The governor, the attorney general, and the governor's designated representatives | |
| 6974 | + | 215.8shall report to the legislative committees having jurisdiction over health, taxation, and | |
| 6975 | + | 215.9commerce annually. This report shall contain information on compacts negotiated and an | |
| 6976 | + | 215.10outline of prospective negotiations. | |
| 6977 | + | 215.11Sec. 2. [3.9228] ADULT-USE CANNABIS; COMPACTS TO BE NEGOTIATED. | |
| 6978 | + | 215.12 Subdivision 1.Definitions.(a) As used in this section, the following terms have the | |
| 6979 | + | 215.13meanings given. | |
| 6980 | + | 215.14 (b) "Adult-use cannabis flower" has the meaning given in section 342.01, subdivision | |
| 6981 | + | 215.154. | |
| 6982 | + | 215.16 (c) "Adult-use cannabinoid product" has the meaning given in section 342.01, subdivision | |
| 6983 | + | 215.172. | |
| 6984 | + | 215.18 (d) "Cannabis business" means a cannabis cultivator, manufacturer, retailer, wholesaler, | |
| 6985 | + | 215.19transporter, testing facility, microbusiness, event organizer, delivery service, or lower | |
| 6986 | + | 215.20potency edible retailer. | |
| 6987 | + | 215.21 (e) "Cannabinoid product" has the meaning given in section 342.01, subdivision 12. | |
| 6988 | + | 215.22 (f) "Minnesota Tribal governments" means the federally recognized Indian Tribes located | |
| 6989 | + | 215.23in Minnesota including: | |
| 6990 | + | 215.24 (1) Bois Forte Band; | |
| 6991 | + | 215.25 (2) Fond Du Lac Band; | |
| 6992 | + | 215.26 (3) Grand Portage Band; | |
| 6993 | + | 215.27 (4) Leech Lake Band; | |
| 6994 | + | 215.28 (5) Mille Lacs Band; | |
| 6995 | + | 215.29 (6) White Earth Band; | |
| 6996 | + | 215.30 (7) Red Lake Nation; | |
| 6997 | + | 215Article 6 Sec. 2. | |
| 6998 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 216.1 (8) Lower Sioux Indian Community; | |
| 6999 | + | 216.2 (9) Prairie Island Indian Community; | |
| 7000 | + | 216.3 (10) Shakopee Mdewakanton Sioux Community; and | |
| 7001 | + | 216.4 (11) Upper Sioux Indian Community. | |
| 7002 | + | 216.5 (g) "Tribal cannabis business" means a cannabis business licensed by a Minnesota Tribal | |
| 7003 | + | 216.6government, including the business categories identified in paragraph (d) as well as any | |
| 7004 | + | 216.7others that may be provided under the law of a Minnesota Tribal government. | |
| 7005 | + | 216.8 (h) "Tribally regulated land" means: | |
| 7006 | + | 216.9 (1) all land held in trust by the United States for the benefit of a Minnesota Tribal | |
| 7007 | + | 216.10government; | |
| 7008 | + | 216.11 (2) all land held by a Minnesota Tribal government in restricted fee status; and | |
| 7009 | + | 216.12 (3) all land within the exterior boundaries of the reservation of a Minnesota Tribal | |
| 7010 | + | 216.13government that is subject to the civil regulatory jurisdiction of the Tribal government. For | |
| 7011 | + | 216.14the purposes of this section, land that is subject to the civil regulatory jurisdiction of the | |
| 7012 | + | 216.15Tribal government includes: | |
| 7013 | + | 216.16 (i) fee land held by the Tribe, entities organized under Tribal law, or individual Indians; | |
| 7014 | + | 216.17and | |
| 7015 | + | 216.18 (ii) land held by non-Indian entities or individuals who consent to the civil regulation | |
| 7016 | + | 216.19of the Tribal government or are otherwise subject to such regulation under federal law. | |
| 7017 | + | 216.20 Subd. 2.Acknowledgment and purpose; negotiations authorized.(a) The state of | |
| 7018 | + | 216.21Minnesota acknowledges the sovereign right of Minnesota Tribal governments to regulate | |
| 7019 | + | 216.22Tribal cannabis businesses and address other matters of cannabis regulation related to the | |
| 7020 | + | 216.23internal affairs of Minnesota Tribal governments without regard to whether such Tribal | |
| 7021 | + | 216.24government has entered a compact authorized by this section. The purpose of this section | |
| 7022 | + | 216.25is to provide for the negotiation of compacts to proactively address jurisdictional issues | |
| 7023 | + | 216.26related to the regulation of adult-use cannabis. The legislature finds that these agreements | |
| 7024 | + | 216.27will facilitate and promote a cooperative and mutually beneficial relationship between the | |
| 7025 | + | 216.28state and the Tribes regarding the legalization of cannabis. Such cooperative agreements | |
| 7026 | + | 216.29will enhance public health and safety, ensure a lawful and well-regulated cannabis market, | |
| 7027 | + | 216.30encourage economic development, and provide fiscal benefits to both Indian Tribes and the | |
| 7028 | + | 216.31state. | |
| 7029 | + | 216Article 6 Sec. 2. | |
| 7030 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 217.1 (b) The governor shall negotiate in good faith, and has the authority to execute and bind | |
| 7031 | + | 217.2the state to, a compact with any Minnesota Tribal government wishing to enter into such | |
| 7032 | + | 217.3compact regulating adult-use cannabis flower and adult-use cannabinoid products. | |
| 7033 | + | 217.4 (c) This subdivision shall be effective upon enactment. | |
| 7034 | + | 217.5 Subd. 3.Terms of compact; rights of parties.(a) A compact agreed to under this | |
| 7035 | + | 217.6section may address any issues related to the adult-use cannabis industry including adult-use | |
| 7036 | + | 217.7cannabis flower, adult-use cannabinoid products, extracts, concentrates, and artificially | |
| 7037 | + | 217.8derived cannabinoids that affect the interest of both the state and Minnesota Tribal | |
| 7038 | + | 217.9government or otherwise have an impact on Tribal-state relations. Indian Tribes are not | |
| 7039 | + | 217.10required to enter into compacts pursuant to this section in order to regulate or engage in | |
| 7040 | + | 217.11cannabis businesses or activities on reservation lands or participate as a licensee in the state's | |
| 7041 | + | 217.12legal cannabis market. | |
| 7042 | + | 217.13 (b) The state shall not, as a condition for entering into a compact under this section: | |
| 7043 | + | 217.14 (1) require any Minnesota Tribal government to waive any right, privilege, or immunity | |
| 7044 | + | 217.15based on their status as independent sovereigns; | |
| 7045 | + | 217.16 (2) require that any revenue generated by cannabis businesses licensed by a Minnesota | |
| 7046 | + | 217.17Tribal government be subject to any state cannabis gross receipt taxes imposed under section | |
| 7047 | + | 217.18295.81 or state and local sales or use taxes on sales of cannabis; | |
| 7048 | + | 217.19 (3) require any taxes collected by Minnesota Tribal governments to be shared in any | |
| 7049 | + | 217.20manner with the state or any subdivisions thereof; | |
| 7050 | + | 217.21 (4) require a Minnesota Tribal government to consent to state licensing of cannabis | |
| 7051 | + | 217.22businesses on the Tribally regulated land of the Minnesota Tribal government; or | |
| 7052 | + | 217.23 (5) require any cannabis business licensed by a Minnesota Tribal government pursuant | |
| 7053 | + | 217.24to a compact agreed to under this section to comply with specific state regulations on Tribally | |
| 7054 | + | 217.25regulated land. | |
| 7055 | + | 217.26 (c) Notwithstanding any law to the contrary, the state shall not impose, attempt to impose, | |
| 7056 | + | 217.27and shall not require or attempt to require any Indian Tribe to impose, any taxes, fees, | |
| 7057 | + | 217.28assessments, and other charges related to the production, processing, sale, purchase, | |
| 7058 | + | 217.29distribution, or possession of adult-use cannabis flower and adult-use cannabinoid products | |
| 7059 | + | 217.30on Minnesota Tribal governments, or their members, on a reservation or Tribally regulated | |
| 7060 | + | 217.31land. | |
| 7061 | + | 217.32 (d) Compacts agreed to under this section may allow an exemption from any otherwise | |
| 7062 | + | 217.33applicable tax for sales to a Minnesota Tribal government, a Tribal cannabis business, or | |
| 7063 | + | 217Article 6 Sec. 2. | |
| 7064 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 218.1Tribal members, of cannabis flower and adult use cannabinoid products grown, produced, | |
| 7065 | + | 218.2or processed as provided for in said compacts, or for activities, to the extent they are not | |
| 7066 | + | 218.3already exempt under state or federal law from the state cannabis gross receipt tax under | |
| 7067 | + | 218.4section 295.81 or state and local sales or use taxes on sales of cannabis. | |
| 7068 | + | 218.5 (e) This subdivision shall be effective upon enactment. | |
| 7069 | + | 218.6 Subd. 4.Tax agreements.(a) For any cannabis business owned by a Minnesota Tribal | |
| 7070 | + | 218.7government or its instrumentalities that is operated outside of Tribally regulated land, under | |
| 7071 | + | 218.8a state-issued license, the collection and administration of taxes on such business may be | |
| 7072 | + | 218.9governed through an agreement to be entered under section 270C.19. | |
| 7073 | + | 218.10 (b) Any compact that provides for the voluntary sharing of tax or fee revenue among a | |
| 7074 | + | 218.11Minnesota Tribal government and the state or a local government may provide that such | |
| 7075 | + | 218.12sharing be carried out through an agreement to be entered under section 270C.19. | |
| 7076 | + | 218.13 Subd. 5.Civil and criminal immunities.(a) The following acts, when performed by a | |
| 7077 | + | 218.14licensed Tribal cannabis business or an employee in the course of their employment for a | |
| 7078 | + | 218.15Tribal cannabis business, pursuant to a compact entered into under this section, do not | |
| 7079 | + | 218.16constitute a criminal or civil offense under state law: | |
| 7080 | + | 218.17 (1) the cultivation of cannabis flower, and the extraction, processing, or manufacture of | |
| 7081 | + | 218.18adult-use cannabinoid and artificially derived cannabinoid products, extracts, or concentrates, | |
| 7082 | + | 218.19as those terms are defined in section 342.01; | |
| 7083 | + | 218.20 (2) the possession, purchase, and receipt of adult-use cannabis seed, flower, and adult-use | |
| 7084 | + | 218.21cannabinoid products that are properly packaged and labeled as authorized under a compact | |
| 7085 | + | 218.22entered into pursuant to this section, and the sale, delivery, transport, or distribution of such | |
| 7086 | + | 218.23products to a licensed cannabis business; and | |
| 7087 | + | 218.24 (3) the delivery, distribution, and sale of adult-use cannabis seed, flower, and adult-use | |
| 7088 | + | 218.25cannabinoid products as authorized under a compact entered into pursuant to this section | |
| 7089 | + | 218.26and that takes place on, or originates from, the premises of a Tribal cannabis business on | |
| 7090 | + | 218.27Tribally regulated land, to any person 21 years of age or older. | |
| 7091 | + | 218.28 (b) The following acts, when performed by a patron of a licensed Tribal cannabis business | |
| 7092 | + | 218.29do not constitute a criminal or civil offense under state law: the purchase, possession, or | |
| 7093 | + | 218.30receipt of adult-use cannabis seed, flower, and adult-use cannabinoid products as authorized | |
| 7094 | + | 218.31under a compact entered into pursuant to this section. | |
| 7095 | + | 218.32 (c) Actions by a Tribal cannabis business, a Tribal member, employee, or agent of a | |
| 7096 | + | 218.33Minnesota Tribal government or Tribal cannabis business on Tribally regulated land pursuant | |
| 7097 | + | 218Article 6 Sec. 2. | |
| 7098 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 219.1to Tribal laws governing cannabis, or a compact entered into under this section, do not | |
| 7099 | + | 219.2constitute a criminal or civil offense under state law. | |
| 7100 | + | 219.3 (d) The following acts, when performed by a state-licensed cannabis business, or an | |
| 7101 | + | 219.4employee of such business, and which would be permitted under the terms of the applicable | |
| 7102 | + | 219.5cannabis business license if undertaken with another state-licensed cannabis business, are | |
| 7103 | + | 219.6permitted under the state license conditions when undertaken with a Tribal cannabis business | |
| 7104 | + | 219.7and do not constitute a criminal or civil offense under state law: the possession, purchase, | |
| 7105 | + | 219.8wholesale and retail sale, delivery, transport, distribution, and receipt of adult-use cannabis, | |
| 7106 | + | 219.9seed, flower, and adult-use cannabinoid products that are properly packaged and labeled as | |
| 7107 | + | 219.10authorized under a compact entered into pursuant to this section. | |
| 7108 | + | 219.11 (e) The following acts, when performed by a Minnesota Tribal government, a Tribal | |
| 7109 | + | 219.12cannabis business licensed by such Tribal government, or an employee of such Tribal | |
| 7110 | + | 219.13government or Tribal cannabis business, regardless of whether the Minnesota Tribal | |
| 7111 | + | 219.14government issuing such license has compacted with the state under this section, do not | |
| 7112 | + | 219.15constitute a criminal or civil offense under state law: purchase, sale, receipt, or delivery | |
| 7113 | + | 219.16(including delivery that involves transit through the state, outside a reservation), from or to | |
| 7114 | + | 219.17another Minnesota Tribal government or cannabis business licensed by such government. | |
| 7115 | + | 219.18 (f) Notwithstanding any other provision of law, a state-licensed cannabis testing facility | |
| 7116 | + | 219.19may provide cannabis testing services to a Tribal cannabis business, and the possession or | |
| 7117 | + | 219.20transport of cannabis flower or cannabinoid products for such purpose by a Tribal cannabis | |
| 7118 | + | 219.21business shall not constitute a criminal or civil offense under state law. | |
| 7119 | + | 219.22 (g) This subdivision shall be effective upon enactment. | |
| 7120 | + | 219.23 Subd. 6.Publication.The governor shall post any compact entered into under this section | |
| 7121 | + | 219.24on a publicly accessible website. | |
| 7122 | + | 219.25Sec. 3. Minnesota Statutes 2022, section 13.411, is amended by adding a subdivision to | |
| 7123 | + | 219.26read: | |
| 7124 | + | 219.27 Subd. 12.Cannabis businesses.Data submitted to the Office of Cannabis Management | |
| 7125 | + | 219.28for a cannabis business license or a hemp business license and data relating to investigations | |
| 7126 | + | 219.29and disciplinary proceedings involving cannabis businesses and hemp businesses licensed | |
| 7127 | + | 219.30by the Office of Cannabis Management are classified under section 342.20. | |
| 7128 | + | 219Article 6 Sec. 3. | |
| 7129 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 220.1Sec. 4. Minnesota Statutes 2022, section 13.871, is amended by adding a subdivision to | |
| 7130 | + | 220.2read: | |
| 7131 | + | 220.3 Subd. 15.Cannabis Expungement Board records.Data collected, created, received, | |
| 7132 | + | 220.4maintained, or disseminated by the Cannabis Expungement Board are classified under | |
| 7133 | + | 220.5section 609A.06, subdivision 8. | |
| 7134 | + | 220.6Sec. 5. Minnesota Statutes 2022, section 34A.01, subdivision 4, is amended to read: | |
| 7135 | + | 220.7 Subd. 4.Food."Food" means every ingredient used for, entering into the consumption | |
| 7136 | + | 220.8of, or used or intended for use in the preparation of food, drink, confectionery, or condiment | |
| 7137 | + | 220.9for humans or other animals, whether simple, mixed, or compound; and articles used as | |
| 7138 | + | 220.10components of these ingredients, except that edible cannabinoid cannabis products, as | |
| 7139 | + | 220.11defined in section 151.72, subdivision 1, paragraph (c) 342.01, subdivision 29, lower-potency | |
| 7140 | + | 220.12hemp edibles as defined in section 342.01, subdivision 48, and hemp-derived consumer | |
| 7141 | + | 220.13products, as defined in section 342.01, subdivision 35, that are intended to be eaten or | |
| 7142 | + | 220.14consumed as a beverage are not food. | |
| 7143 | + | 220.15 EFFECTIVE DATE.This section is effective July 1, 2024. | |
| 7144 | + | 220.16Sec. 6. [120B.215] EDUCATION ON CANNABIS USE AND SUBSTANCE USE. | |
| 7145 | + | 220.17 Subdivision 1.Model program.The commissioner of education, in consultation with | |
| 7146 | + | 220.18the commissioners of health and human services, local district and school health education | |
| 7147 | + | 220.19specialists, and other qualified experts, shall identify one or more model programs that may | |
| 7148 | + | 220.20be used to educate middle school and high school students on the health effects on children | |
| 7149 | + | 220.21and adolescents of cannabis use and substance use, including but not limited to the use of | |
| 7150 | + | 220.22fentanyl or mixtures containing fentanyl, consistent with local standards as required in | |
| 7151 | + | 220.23section 120B.021, subdivision 1, paragraph (a), clause (6), for elementary and secondary | |
| 7152 | + | 220.24school students. The commissioner must publish a list of model programs that include | |
| 7153 | + | 220.25written materials, curriculum resources, and training for instructors by June 1, 2025. A | |
| 7154 | + | 220.26model program identified by the commissioner must be medically accurate, age and | |
| 7155 | + | 220.27developmentally appropriate, culturally inclusive, and grounded in science, and must address: | |
| 7156 | + | 220.28 (1) the physical and mental health effects of cannabis use and substance use by children | |
| 7157 | + | 220.29and adolescents, including effects on the developing brains of children and adolescents; | |
| 7158 | + | 220.30 (2) unsafe or unhealthy behaviors associated with cannabis use and substance use; | |
| 7159 | + | 220.31 (3) signs of substance use disorders; | |
| 7160 | + | 220.32 (4) treatment options; and | |
| 7161 | + | 220Article 6 Sec. 6. | |
| 7162 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 221.1 (5) healthy coping strategies for children and adolescents. | |
| 7163 | + | 221.2 Subd. 2.School programs.(a) Starting in the 2026-2027 school year, a school district | |
| 7164 | + | 221.3or charter school must implement a comprehensive education program on cannabis use and | |
| 7165 | + | 221.4substance use, including but not limited to the use of fentanyl or mixtures containing fentanyl, | |
| 7166 | + | 221.5for students in middle school and high school. The program must include instruction on the | |
| 7167 | + | 221.6topics listed in subdivision 1 and must: | |
| 7168 | + | 221.7 (1) respect community values and encourage students to communicate with parents, | |
| 7169 | + | 221.8guardians, and other trusted adults about cannabis use and substance use, including but not | |
| 7170 | + | 221.9limited to the use of fentanyl or mixtures containing fentanyl; and | |
| 7171 | + | 221.10 (2) refer students to local resources where students may obtain medically accurate | |
| 7172 | + | 221.11information about cannabis use and substance use, including but not limited to the use of | |
| 7173 | + | 221.12fentanyl or mixtures containing fentanyl, and treatment for a substance use disorder. | |
| 7174 | + | 221.13 (b) District efforts to develop, implement, or improve instruction or curriculum as a | |
| 7175 | + | 221.14result of the provisions of this section must be consistent with sections 120B.10 and 120B.11. | |
| 7176 | + | 221.15 Subd. 3.Parental review.Notwithstanding any law to the contrary, each school district | |
| 7177 | + | 221.16shall have a procedure for a parent, a guardian, or an adult student 18 years of age or older | |
| 7178 | + | 221.17to review the content of the instructional materials to be provided to a minor child or to an | |
| 7179 | + | 221.18adult student pursuant to this section. The district or charter school must allow a parent or | |
| 7180 | + | 221.19adult student to opt out of instruction under this section with no academic or other penalty | |
| 7181 | + | 221.20for the student and must inform parents and adult students of this right to opt out. | |
| 7182 | + | 221.21 Subd. 4.Youth council.A school district or charter school may establish one or more | |
| 7183 | + | 221.22youth councils in which student members of the council receive education and training on | |
| 7184 | + | 221.23cannabis use and substance use, including but not limited to the use of fentanyl or mixtures | |
| 7185 | + | 221.24containing fentanyl, and provide peer-to-peer education on these topics. | |
| 7186 | + | 221.25Sec. 7. [144.196] CANNABIS DATA COLLECTION AND BIENNIAL REPORTS. | |
| 7187 | + | 221.26 Subdivision 1.General.The commissioner of health shall engage in research and data | |
| 7188 | + | 221.27collection activities to measure the prevalence of cannabis flower use and the use of cannabis | |
| 7189 | + | 221.28products, lower-potency hemp edibles, and hemp-derived consumer products in the state | |
| 7190 | + | 221.29by persons under 21 years of age and by persons 21 years of age or older. In order to collect | |
| 7191 | + | 221.30data, the commissioner may modify existing data collection tools used by the department | |
| 7192 | + | 221.31or other state agencies or may establish one or more new data collection tools. | |
| 7193 | + | 221.32 Subd. 2.Statewide assessment; baseline data; updates.(a) The commissioner shall | |
| 7194 | + | 221.33conduct a statewide assessment to establish a baseline for the prevalence of cannabis flower | |
| 7195 | + | 221Article 6 Sec. 7. | |
| 7196 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 222.1use and the use of cannabis products, lower-potency hemp edibles, and hemp-derived | |
| 7197 | + | 222.2consumer products in the state broken out by: | |
| 7198 | + | 222.3 (1) the current age of the customer; | |
| 7199 | + | 222.4 (2) the age at which the customer began consuming cannabis flower, cannabis products, | |
| 7200 | + | 222.5lower-potency hemp edibles, or hemp-derived consumer products; | |
| 7201 | + | 222.6 (3) whether the customer consumes cannabis flower, cannabis products, lower-potency | |
| 7202 | + | 222.7hemp edibles, or hemp-derived consumer products, and by type of product that the customer | |
| 7203 | + | 222.8consumes, if applicable; | |
| 7204 | + | 222.9 (4) the amount of cannabis flower, cannabis product, lower-potency hemp edible, or | |
| 7205 | + | 222.10hemp-derived consumer product typically consumed at one time; | |
| 7206 | + | 222.11 (5) the typical frequency of consumption; and | |
| 7207 | + | 222.12 (6) other criteria specified by the commissioner. | |
| 7208 | + | 222.13 (b) The initial assessment must be completed by July 1, 2024. The commissioner shall | |
| 7209 | + | 222.14collect updated data under this subdivision at least every two years thereafter. | |
| 7210 | + | 222.15 Subd. 3.Reports.Beginning January 1, 2025, and every two years thereafter, the | |
| 7211 | + | 222.16commissioner shall issue a public report on the prevalence of cannabis flower use and the | |
| 7212 | + | 222.17use of cannabis products, lower-potency hemp edibles, and hemp-derived consumer products | |
| 7213 | + | 222.18in the state by persons under age 21 and by persons age 21 or older. The report may include | |
| 7214 | + | 222.19recommendations from the commissioner for changes to this chapter that would discourage | |
| 7215 | + | 222.20or prevent personal use of cannabis flower, cannabis products, lower-potency hemp edibles, | |
| 7216 | + | 222.21or hemp-derived consumer products by persons under age 21, that would discourage personal | |
| 7217 | + | 222.22use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 7218 | + | 222.23consumer products by pregnant or breastfeeding women, that would prevent access to | |
| 7219 | + | 222.24cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 7220 | + | 222.25products by young children, or that would otherwise promote public health. | |
| 7221 | + | 222.26Sec. 8. [144.197] CANNABIS EDUCATION PROGRAMS. | |
| 7222 | + | 222.27 Subdivision 1.Youth education.The commissioner of health, in collaboration with | |
| 7223 | + | 222.28local health departments, shall conduct a long-term, coordinated education program to raise | |
| 7224 | + | 222.29public awareness about and address the top three adverse health effects, as determined by | |
| 7225 | + | 222.30the commissioner, associated with the use of cannabis flower, cannabis products, | |
| 7226 | + | 222.31lower-potency hemp edibles, or hemp-derived consumer products by persons under age 21. | |
| 7227 | + | 222.32In conducting this education program, the commissioner shall engage and consult with | |
| 7228 | + | 222Article 6 Sec. 8. | |
| 7229 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 223.1youth around the state on program content and on methods to effectively disseminate program | |
| 7230 | + | 223.2information to youth around the state. | |
| 7231 | + | 223.3 Subd. 2.Education for pregnant and breastfeeding women; women who may become | |
| 7232 | + | 223.4pregnant.The commissioner of health shall conduct a long-term, coordinated program to | |
| 7233 | + | 223.5educate pregnant women, breastfeeding women, and women who may become pregnant on | |
| 7234 | + | 223.6the adverse health effects of prenatal exposure to cannabis flower, cannabis products, | |
| 7235 | + | 223.7lower-potency hemp edibles, or hemp-derived consumer products and on the adverse health | |
| 7236 | + | 223.8effects experienced by infants and children who are exposed to cannabis flower, cannabis | |
| 7237 | + | 223.9products, lower-potency hemp edibles, or hemp-derived consumer products in breast milk, | |
| 7238 | + | 223.10from secondhand smoke, or by ingesting cannabinoid products. This education program | |
| 7239 | + | 223.11must also educate women on what constitutes a substance use disorder, signs of a substance | |
| 7240 | + | 223.12use disorder, and treatment options for persons with a substance use disorder. | |
| 7241 | + | 223.13 Subd. 3.Home visiting programs.The commissioner of health shall provide training, | |
| 7242 | + | 223.14technical assistance, and education materials to local public health home visiting programs | |
| 7243 | + | 223.15and Tribal home visiting programs regarding the safe and unsafe use of cannabis flower, | |
| 7244 | + | 223.16cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in | |
| 7245 | + | 223.17homes with infants and young children. Training, technical assistance, and education | |
| 7246 | + | 223.18materials shall address substance use, the signs of a substance use disorder, treatment options | |
| 7247 | + | 223.19for persons with a substance use disorder, the dangers of driving under the influence of | |
| 7248 | + | 223.20cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 7249 | + | 223.21products, how to safely consume cannabis flower, cannabis products, lower-potency hemp | |
| 7250 | + | 223.22edibles, or hemp-derived consumer products in homes with infants and young children, and | |
| 7251 | + | 223.23how to prevent infants and young children from being exposed to cannabis flower, cannabis | |
| 7252 | + | 223.24products, lower-potency hemp edibles, or hemp-derived consumer products by ingesting | |
| 7253 | + | 223.25cannabinoid products or through secondhand smoke. | |
| 7254 | + | 223.26 Subd. 4.Local and Tribal health departments.The commissioner of health shall | |
| 7255 | + | 223.27distribute grants to local health departments and Tribal health departments for these | |
| 7256 | + | 223.28departments to create and disseminate educational materials on cannabis flower, cannabis | |
| 7257 | + | 223.29products, lower-potency hemp edibles, and hemp-derived consumer products and to provide | |
| 7258 | + | 223.30safe use and prevention training, education, technical assistance, and community engagement | |
| 7259 | + | 223.31regarding cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived | |
| 7260 | + | 223.32consumer products. | |
| 7261 | + | 223Article 6 Sec. 8. | |
| 7262 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 224.1Sec. 9. Minnesota Statutes 2022, section 144.99, subdivision 1, is amended to read: | |
| 7263 | + | 224.2 Subdivision 1.Remedies available.The provisions of chapters 103I and 157 and sections | |
| 7264 | + | 224.3115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), (14), | |
| 7265 | + | 224.4and (15); 144.1201 to 144.1204; 144.121; 144.1215; 144.1222; 144.35; 144.381 to 144.385; | |
| 7266 | + | 224.5144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9512; 144.97 to 144.98; | |
| 7267 | + | 224.6144.992; 152.22 to 152.37; 326.70 to 326.785; 327.10 to 327.131; and 327.14 to 327.28 | |
| 7268 | + | 224.7and all rules, orders, stipulation agreements, settlements, compliance agreements, licenses, | |
| 7269 | + | 224.8registrations, certificates, and permits adopted or issued by the department or under any | |
| 7270 | + | 224.9other law now in force or later enacted for the preservation of public health may, in addition | |
| 7271 | + | 224.10to provisions in other statutes, be enforced under this section. | |
| 7272 | + | 224.11 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 7273 | + | 224.12Sec. 10. Minnesota Statutes 2022, section 144A.4791, subdivision 14, is amended to read: | |
| 7274 | + | 224.13 Subd. 14.Application of other law.Home care providers may exercise the authority | |
| 7275 | + | 224.14and are subject to the protections in section 152.34 342.51, subdivision 2. | |
| 7276 | + | 224.15Sec. 11. Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to | |
| 7277 | + | 224.16read: | |
| 7278 | + | 224.17 Subd. 5d.Indian lands."Indian lands" means all lands within the limits of any Indian | |
| 7279 | + | 224.18reservation within the boundaries of Minnesota and any lands within the boundaries of | |
| 7280 | + | 224.19Minnesota, title to which are either held in trust by the United States or over which an Indian | |
| 7281 | + | 224.20Tribe exercises governmental power. | |
| 7282 | + | 224.21Sec. 12. Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to | |
| 7283 | + | 224.22read: | |
| 7284 | + | 224.23 Subd. 15.Tribal medical cannabis board."Tribal medical cannabis board" means an | |
| 7285 | + | 224.24agency established by each federally recognized Tribal government and duly authorized by | |
| 7286 | + | 224.25that Tribe's governing body to perform regulatory oversight and monitor compliance with | |
| 7287 | + | 224.26a Tribal medical cannabis program and applicable regulations. | |
| 7288 | + | 224.27Sec. 13. Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to | |
| 7289 | + | 224.28read: | |
| 7290 | + | 224.29 Subd. 16.Tribal medical cannabis program."Tribal medical cannabis program" means | |
| 7291 | + | 224.30a program established by a federally recognized Tribal government within the boundaries | |
| 7292 | + | 224Article 6 Sec. 13. | |
| 7293 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 225.1of Minnesota regarding the commercial production, processing, sale or distribution, and | |
| 7294 | + | 225.2possession of medical cannabis and medical cannabis products. | |
| 7295 | + | 225.3Sec. 14. Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to | |
| 7296 | + | 225.4read: | |
| 7297 | + | 225.5 Subd. 17.Tribal medical cannabis program manufacturer."Tribal medical cannabis | |
| 7298 | + | 225.6program manufacturer" means an entity designated by a Tribal medical cannabis board | |
| 7299 | + | 225.7within the boundaries of Minnesota or a federally recognized Tribal government within the | |
| 7300 | + | 225.8boundaries of Minnesota to engage in production, processing, and sale or distribution of | |
| 7301 | + | 225.9medical cannabis and medical cannabis products under that Tribe's Tribal medical cannabis | |
| 7302 | + | 225.10program. | |
| 7303 | + | 225.11Sec. 15. Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to | |
| 7304 | + | 225.12read: | |
| 7305 | + | 225.13 Subd. 18.Tribal medical cannabis program patient."Tribal medical cannabis program | |
| 7306 | + | 225.14patient" means a person who possesses a valid registration verification card or equivalent | |
| 7307 | + | 225.15document that is issued under the laws or regulations of a Tribal nation within the boundaries | |
| 7308 | + | 225.16of Minnesota and that verifies that the person is enrolled in or authorized to participate in | |
| 7309 | + | 225.17that Tribal nation's Tribal medical cannabis program. | |
| 7310 | + | 225.18Sec. 16. Minnesota Statutes 2022, section 152.29, subdivision 4, is amended to read: | |
| 7311 | + | 225.19 Subd. 4.Report.(a) Each manufacturer shall report to the commissioner on a monthly | |
| 7312 | + | 225.20basis the following information on each individual patient for the month prior to the report: | |
| 7313 | + | 225.21 (1) the amount and dosages of medical cannabis distributed; | |
| 7314 | + | 225.22 (2) the chemical composition of the medical cannabis; and | |
| 7315 | + | 225.23 (3) the tracking number assigned to any medical cannabis distributed. | |
| 7316 | + | 225.24 (b) For transactions involving Tribal medical cannabis program patients, each | |
| 7317 | + | 225.25manufacturer shall report to the commissioner on a weekly basis the following information | |
| 7318 | + | 225.26on each individual Tribal medical cannabis program patient for the week prior to the report: | |
| 7319 | + | 225.27 (1) the name of the Tribal medical cannabis program in which the Tribal medical cannabis | |
| 7320 | + | 225.28program patient is enrolled; | |
| 7321 | + | 225.29 (2) the amount and dosages of medical cannabis distributed; | |
| 7322 | + | 225.30 (3) the chemical composition of the medical cannabis distributed; and | |
| 7323 | + | 225Article 6 Sec. 16. | |
| 7324 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 226.1 (4) the tracking number assigned to the medical cannabis distributed. | |
| 7325 | + | 226.2Sec. 17. Minnesota Statutes 2022, section 152.29, is amended by adding a subdivision to | |
| 7326 | + | 226.3read: | |
| 7327 | + | 226.4 Subd. 5.Distribution to Tribal medical cannabis program patient.(a) A manufacturer | |
| 7328 | + | 226.5may distribute medical cannabis in accordance with subdivisions 1 to 4 to a Tribal medical | |
| 7329 | + | 226.6cannabis program patient. | |
| 7330 | + | 226.7 (b) Prior to distribution, the Tribal medical cannabis program patient must provide to | |
| 7331 | + | 226.8the manufacturer: | |
| 7332 | + | 226.9 (1) a valid medical cannabis registration verification card or equivalent document issued | |
| 7333 | + | 226.10by a Tribal medical cannabis program that indicates that the Tribal medical cannabis program | |
| 7334 | + | 226.11patient is authorized to use medical cannabis on Indian lands over which the Tribe has | |
| 7335 | + | 226.12jurisdiction; and | |
| 7336 | + | 226.13 (2) a valid photographic identification card issued by the Tribal medical cannabis | |
| 7337 | + | 226.14program, a valid driver's license, or a valid state identification card. | |
| 7338 | + | 226.15 (c) A manufacturer shall distribute medical cannabis to a Tribal medical cannabis program | |
| 7339 | + | 226.16patient only in a form allowed under section 152.22, subdivision 6. | |
| 7340 | + | 226.17Sec. 18. [152.291] TRIBAL MEDICAL CANNABIS PROGRAM MANUFACTURER | |
| 7341 | + | 226.18TRANSPORTATION. | |
| 7342 | + | 226.19 (a) A Tribal medical cannabis program manufacturer may transport medical cannabis | |
| 7343 | + | 226.20to testing laboratories in the state and to other Indian lands. | |
| 7344 | + | 226.21 (b) A Tribal medical cannabis program manufacturer must staff a motor vehicle used to | |
| 7345 | + | 226.22transport medical cannabis with at least two employees of the manufacturer. Each employee | |
| 7346 | + | 226.23in the transport vehicle must carry identification specifying that the employee is an employee | |
| 7347 | + | 226.24of the manufacturer, and one employee in the transport vehicle must carry a detailed | |
| 7348 | + | 226.25transportation manifest that includes the place and time of departure, the address of the | |
| 7349 | + | 226.26destination, and a description and count of the medical cannabis being transported. | |
| 7350 | + | 226.27Sec. 19. Minnesota Statutes 2022, section 152.30, is amended to read: | |
| 7351 | + | 226.28 152.30 PATIENT DUTIES. | |
| 7352 | + | 226.29 (a) A patient shall apply to the commissioner for enrollment in the registry program by | |
| 7353 | + | 226.30submitting an application as required in section 152.27 and an annual registration fee as | |
| 7354 | + | 226.31determined under section 152.35. | |
| 7355 | + | 226Article 6 Sec. 19. | |
| 7356 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 227.1 (b) As a condition of continued enrollment, patients shall agree to: | |
| 7357 | + | 227.2 (1) continue to receive regularly scheduled treatment for their qualifying medical | |
| 7358 | + | 227.3condition from their health care practitioner; and | |
| 7359 | + | 227.4 (2) report changes in their qualifying medical condition to their health care practitioner. | |
| 7360 | + | 227.5 (c) A patient shall only receive medical cannabis from a registered manufacturer or | |
| 7361 | + | 227.6Tribal medical cannabis program but is not required to receive medical cannabis products | |
| 7362 | + | 227.7from only a registered manufacturer or Tribal medical cannabis program. | |
| 7363 | + | 227.8Sec. 20. Minnesota Statutes 2022, section 152.32, is amended to read: | |
| 7364 | + | 227.9 152.32 PROTECTIONS FOR REGISTRY PROGRAM OR TRIBAL MEDICAL | |
| 7365 | + | 227.10CANNABIS PROGRAM PARTICIPATION. | |
| 7366 | + | 227.11 Subdivision 1.Presumption.(a) There is a presumption that a patient enrolled in the | |
| 7367 | + | 227.12registry program under sections 152.22 to 152.37 or a Tribal medical cannabis program | |
| 7368 | + | 227.13patient is engaged in the authorized use of medical cannabis. | |
| 7369 | + | 227.14 (b) The presumption may be rebutted by evidence that: | |
| 7370 | + | 227.15 (1) a patient's conduct related to use of medical cannabis was not for the purpose of | |
| 7371 | + | 227.16treating or alleviating the patient's qualifying medical condition or symptoms associated | |
| 7372 | + | 227.17with the patient's qualifying medical condition.; or | |
| 7373 | + | 227.18 (2) a Tribal medical cannabis program patient's use of medical cannabis was not for a | |
| 7374 | + | 227.19purpose authorized by the Tribal medical cannabis program. | |
| 7375 | + | 227.20 Subd. 2.Criminal and civil protections.(a) Subject to section 152.23, the following | |
| 7376 | + | 227.21are not violations under this chapter: | |
| 7377 | + | 227.22 (1) use or possession of medical cannabis or medical cannabis products by a patient | |
| 7378 | + | 227.23enrolled in the registry program, or; possession by a registered designated caregiver or the | |
| 7379 | + | 227.24parent, legal guardian, or spouse of a patient if the parent, legal guardian, or spouse is listed | |
| 7380 | + | 227.25on the registry verification; or use or possession of medical cannabis or medical cannabis | |
| 7381 | + | 227.26products by a Tribal medical cannabis program patient; | |
| 7382 | + | 227.27 (2) possession, dosage determination, or sale of medical cannabis or medical cannabis | |
| 7383 | + | 227.28products by a medical cannabis manufacturer, employees of a manufacturer, a Tribal medical | |
| 7384 | + | 227.29cannabis program manufacturer, employees of a Tribal medical cannabis program | |
| 7385 | + | 227.30manufacturer, a laboratory conducting testing on medical cannabis, or employees of the | |
| 7386 | + | 227.31laboratory; and | |
| 7387 | + | 227Article 6 Sec. 20. | |
| 7388 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 228.1 (3) possession of medical cannabis or medical cannabis products by any person while | |
| 7389 | + | 228.2carrying out the duties required under sections 152.22 to 152.37. | |
| 7390 | + | 228.3 (b) Medical cannabis obtained and distributed pursuant to sections 152.22 to 152.37 and | |
| 7391 | + | 228.4associated property is not subject to forfeiture under sections 609.531 to 609.5316. | |
| 7392 | + | 228.5 (c) The commissioner, members of a Tribal medical cannabis board, the commissioner's | |
| 7393 | + | 228.6or Tribal medical cannabis board's staff, the commissioner's or Tribal medical cannabis | |
| 7394 | + | 228.7board's agents or contractors, and any health care practitioner are not subject to any civil or | |
| 7395 | + | 228.8disciplinary penalties by the Board of Medical Practice, the Board of Nursing, or by any | |
| 7396 | + | 228.9business, occupational, or professional licensing board or entity, solely for the participation | |
| 7397 | + | 228.10in the registry program under sections 152.22 to 152.37 or in a Tribal medical cannabis | |
| 7398 | + | 228.11program. A pharmacist licensed under chapter 151 is not subject to any civil or disciplinary | |
| 7399 | + | 228.12penalties by the Board of Pharmacy when acting in accordance with the provisions of | |
| 7400 | + | 228.13sections 152.22 to 152.37. Nothing in this section affects a professional licensing board | |
| 7401 | + | 228.14from taking action in response to violations of any other section of law. | |
| 7402 | + | 228.15 (d) Notwithstanding any law to the contrary, the commissioner, the governor of | |
| 7403 | + | 228.16Minnesota, or an employee of any state agency may not be held civilly or criminally liable | |
| 7404 | + | 228.17for any injury, loss of property, personal injury, or death caused by any act or omission | |
| 7405 | + | 228.18while acting within the scope of office or employment under sections 152.22 to 152.37. | |
| 7406 | + | 228.19 (e) Federal, state, and local law enforcement authorities are prohibited from accessing | |
| 7407 | + | 228.20the patient registry under sections 152.22 to 152.37 except when acting pursuant to a valid | |
| 7408 | + | 228.21search warrant. | |
| 7409 | + | 228.22 (f) Notwithstanding any law to the contrary, neither the commissioner nor a public | |
| 7410 | + | 228.23employee may release data or information about an individual contained in any report, | |
| 7411 | + | 228.24document, or registry created under sections 152.22 to 152.37 or any information obtained | |
| 7412 | + | 228.25about a patient participating in the program, except as provided in sections 152.22 to 152.37. | |
| 7413 | + | 228.26 (g) No information contained in a report, document, or registry or obtained from a patient | |
| 7414 | + | 228.27under sections 152.22 to 152.37 or from a Tribal medical cannabis program patient may be | |
| 7415 | + | 228.28admitted as evidence in a criminal proceeding unless independently obtained or in connection | |
| 7416 | + | 228.29with a proceeding involving a violation of sections 152.22 to 152.37. | |
| 7417 | + | 228.30 (h) Notwithstanding section 13.09, any person who violates paragraph (e) or (f) is guilty | |
| 7418 | + | 228.31of a gross misdemeanor. | |
| 7419 | + | 228.32 (i) An attorney may not be subject to disciplinary action by the Minnesota Supreme | |
| 7420 | + | 228.33Court, a Tribal court, or the professional responsibility board for providing legal assistance | |
| 7421 | + | 228Article 6 Sec. 20. | |
| 7422 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 229.1to prospective or registered manufacturers or others related to activity that is no longer | |
| 7423 | + | 229.2subject to criminal penalties under state law pursuant to sections 152.22 to 152.37, or for | |
| 7424 | + | 229.3providing legal assistance to a Tribal medical cannabis program or a Tribal medical cannabis | |
| 7425 | + | 229.4program manufacturer. | |
| 7426 | + | 229.5 (j) Possession of a registry verification or application for enrollment in the program by | |
| 7427 | + | 229.6a person entitled to possess or apply for enrollment in the registry program does The | |
| 7428 | + | 229.7following do not constitute probable cause or reasonable suspicion, nor and shall it not be | |
| 7429 | + | 229.8used to support a search of the person or property of the person possessing or applying for | |
| 7430 | + | 229.9the registry verification or equivalent, or otherwise subject the person or property of the | |
| 7431 | + | 229.10person to inspection by any governmental agency.: | |
| 7432 | + | 229.11 (1) possession of a registry verification or application for enrollment in the registry | |
| 7433 | + | 229.12program by a person entitled to possess a registry verification or apply for enrollment in | |
| 7434 | + | 229.13the registry program; or | |
| 7435 | + | 229.14 (2) possession of a verification or equivalent issued by a Tribal medical cannabis program | |
| 7436 | + | 229.15or application for enrollment in a Tribal medical cannabis program by a person entitled to | |
| 7437 | + | 229.16possess such a verification or application. | |
| 7438 | + | 229.17 Subd. 3.Discrimination prohibited.(a) No school or landlord may refuse to enroll or | |
| 7439 | + | 229.18lease to and may not otherwise penalize a person solely for the person's status as a patient | |
| 7440 | + | 229.19enrolled in the registry program under sections 152.22 to 152.37 or for the person's status | |
| 7441 | + | 229.20as a Tribal medical cannabis program patient, unless failing to do so would violate federal | |
| 7442 | + | 229.21law or regulations or cause the school or landlord to lose a monetary or licensing-related | |
| 7443 | + | 229.22benefit under federal law or regulations. | |
| 7444 | + | 229.23 (b) For the purposes of medical care, including organ transplants, a registry program | |
| 7445 | + | 229.24enrollee's use of medical cannabis under sections 152.22 to 152.37, or a Tribal medical | |
| 7446 | + | 229.25cannabis program patient's use of medical cannabis as authorized by the Tribal medical | |
| 7447 | + | 229.26cannabis program, is considered the equivalent of the authorized use of any other medication | |
| 7448 | + | 229.27used at the discretion of a physician, advanced practice registered nurse, or physician assistant | |
| 7449 | + | 229.28and does not constitute the use of an illicit substance or otherwise disqualify a patient from | |
| 7450 | + | 229.29needed medical care. | |
| 7451 | + | 229.30 (c) Unless a failure to do so would violate federal law or regulations or cause an employer | |
| 7452 | + | 229.31to lose a monetary or licensing-related benefit under federal law or regulations, an employer | |
| 7453 | + | 229.32may not discriminate against a person in hiring, termination, or any term or condition of | |
| 7454 | + | 229.33employment, or otherwise penalize a person, if the discrimination is based upon either any | |
| 7455 | + | 229.34of the following: | |
| 7456 | + | 229Article 6 Sec. 20. | |
| 7457 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 230.1 (1) the person's status as a patient enrolled in the registry program under sections 152.22 | |
| 7458 | + | 230.2to 152.37; or | |
| 7459 | + | 230.3 (2) the person's status as a Tribal medical cannabis program patient; or | |
| 7460 | + | 230.4 (2) (3) a patient's positive drug test for cannabis components or metabolites, unless the | |
| 7461 | + | 230.5patient used, possessed, or was impaired by medical cannabis on the premises of the place | |
| 7462 | + | 230.6of employment or during the hours of employment. | |
| 7463 | + | 230.7 (d) An employee who is required to undergo employer drug testing pursuant to section | |
| 7464 | + | 230.8181.953 may present verification of enrollment in the patient registry or of enrollment in a | |
| 7465 | + | 230.9Tribal medical cannabis program as part of the employee's explanation under section 181.953, | |
| 7466 | + | 230.10subdivision 6. | |
| 7467 | + | 230.11 (e) A person shall not be denied custody of a minor child or visitation rights or parenting | |
| 7468 | + | 230.12time with a minor child solely based on the person's status as a patient enrolled in the registry | |
| 7469 | + | 230.13program under sections 152.22 to 152.37, or on the person's status as a Tribal medical | |
| 7470 | + | 230.14cannabis program patient. There shall be no presumption of neglect or child endangerment | |
| 7471 | + | 230.15for conduct allowed under sections 152.22 to 152.37 or under a Tribal medical cannabis | |
| 7472 | + | 230.16program, unless the person's behavior is such that it creates an unreasonable danger to the | |
| 7473 | + | 230.17safety of the minor as established by clear and convincing evidence. | |
| 7474 | + | 230.18Sec. 21. Minnesota Statutes 2022, section 152.33, subdivision 1, is amended to read: | |
| 7475 | + | 230.19 Subdivision 1.Intentional diversion; criminal penalty.In addition to any other | |
| 7476 | + | 230.20applicable penalty in law, a manufacturer or an agent of a manufacturer who intentionally | |
| 7477 | + | 230.21transfers medical cannabis to a person other than another registered manufacturer, a patient, | |
| 7478 | + | 230.22a Tribal medical cannabis program patient, a registered designated caregiver or, if listed on | |
| 7479 | + | 230.23the registry verification, a parent, legal guardian, or spouse of a patient is guilty of a felony | |
| 7480 | + | 230.24punishable by imprisonment for not more than two years or by payment of a fine of not | |
| 7481 | + | 230.25more than $3,000, or both. A person convicted under this subdivision may not continue to | |
| 7482 | + | 230.26be affiliated with the manufacturer and is disqualified from further participation under | |
| 7483 | + | 230.27sections 152.22 to 152.37. | |
| 7484 | + | 230.28Sec. 22. Minnesota Statutes 2022, section 175.45, subdivision 1, is amended to read: | |
| 7485 | + | 230.29 Subdivision 1.Duties; goal.The commissioner of labor and industry shall convene | |
| 7486 | + | 230.30industry representatives, identify occupational competency standards, and provide technical | |
| 7487 | + | 230.31assistance to develop dual-training programs. The competency standards shall be identified | |
| 7488 | + | 230.32for employment in occupations in advanced manufacturing, health care services, information | |
| 7489 | + | 230Article 6 Sec. 22. | |
| 7490 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 231.1technology, and agriculture, and the legal cannabis industry. Competency standards are not | |
| 7491 | + | 231.2rules and are exempt from the rulemaking provisions of chapter 14, and the provisions in | |
| 7492 | + | 231.3section 14.386 concerning exempt rules do not apply. | |
| 7493 | + | 231.4Sec. 23. Minnesota Statutes 2022, section 181.938, subdivision 2, is amended to read: | |
| 7494 | + | 231.5 Subd. 2.Prohibited practice.(a) An employer may not refuse to hire a job applicant | |
| 7495 | + | 231.6or discipline or discharge an employee because the applicant or employee engages in or has | |
| 7496 | + | 231.7engaged in the use or enjoyment of lawful consumable products, if the use or enjoyment | |
| 7497 | + | 231.8takes place off the premises of the employer during nonworking hours. For purposes of this | |
| 7498 | + | 231.9section, "lawful consumable products" means products whose use or enjoyment is lawful | |
| 7499 | + | 231.10and which are consumed during use or enjoyment, and includes food, alcoholic or | |
| 7500 | + | 231.11nonalcoholic beverages, and tobacco, cannabis flower, as defined in section 342.01, | |
| 7501 | + | 231.12subdivision 15, cannabis products, as defined in section 342.01, subdivision 19, | |
| 7502 | + | 231.13lower-potency hemp edibles as defined in section 342.01, subdivision 48, and hemp-derived | |
| 7503 | + | 231.14consumer products as defined in section 342.01, subdivision 35. | |
| 7504 | + | 231.15 (b) Cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived | |
| 7505 | + | 231.16consumer products are lawful consumable products for the purpose of Minnesota law, | |
| 7506 | + | 231.17regardless of whether federal or other state law considers cannabis use, possession, | |
| 7507 | + | 231.18impairment, sale, or transfer to be unlawful. Nothing in this section shall be construed to | |
| 7508 | + | 231.19limit an employer's ability to discipline or discharge an employee for cannabis flower, | |
| 7509 | + | 231.20cannabis product, lower-potency hemp edible, or hemp-derived consumer product use, | |
| 7510 | + | 231.21possession, impairment, sale, or transfer during working hours, on work premises, or while | |
| 7511 | + | 231.22operating an employer's vehicle, machinery, or equipment, or if a failure to do so would | |
| 7512 | + | 231.23violate federal or state law or regulations or cause an employer to lose a monetary or | |
| 7513 | + | 231.24licensing-related benefit under federal law or regulations. | |
| 7514 | + | 231.25Sec. 24. Minnesota Statutes 2022, section 181.950, subdivision 2, is amended to read: | |
| 7515 | + | 231.26 Subd. 2.Confirmatory test; confirmatory retest."Confirmatory test" and "confirmatory | |
| 7516 | + | 231.27retest" mean a drug or alcohol test or cannabis test that uses a method of analysis allowed | |
| 7517 | + | 231.28under one of the programs listed in section 181.953, subdivision 1. | |
| 7518 | + | 231.29Sec. 25. Minnesota Statutes 2022, section 181.950, subdivision 4, is amended to read: | |
| 7519 | + | 231.30 Subd. 4.Drug."Drug" means a controlled substance as defined in section 152.01, | |
| 7520 | + | 231.31subdivision 4, but does not include marijuana, tetrahydrocannabinols, cannabis flower as | |
| 7521 | + | 231.32defined in section 342.01, subdivision 15, cannabis products as defined in section 342.01, | |
| 7522 | + | 231Article 6 Sec. 25. | |
| 7523 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 232.1subdivision 19, lower-potency hemp edibles as defined in section 342.01, subdivision 48, | |
| 7524 | + | 232.2and hemp-derived consumer products as defined in section 342.01, subdivision 35. | |
| 7525 | + | 232.3Sec. 26. Minnesota Statutes 2022, section 181.950, subdivision 5, is amended to read: | |
| 7526 | + | 232.4 Subd. 5.Drug and alcohol testing."Drug and alcohol testing," "drug or alcohol testing," | |
| 7527 | + | 232.5and "drug or alcohol test" mean analysis of a body component sample according to the | |
| 7528 | + | 232.6standards established under one of the programs listed in section 181.953, subdivision 1, | |
| 7529 | + | 232.7for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites | |
| 7530 | + | 232.8in the sample tested. "Drug and alcohol testing," "drug or alcohol testing," and "drug or | |
| 7531 | + | 232.9alcohol test" do not include cannabis or cannabis testing, unless stated otherwise. | |
| 7532 | + | 232.10Sec. 27. Minnesota Statutes 2022, section 181.950, is amended by adding a subdivision | |
| 7533 | + | 232.11to read: | |
| 7534 | + | 232.12 Subd. 5a.Cannabis testing."Cannabis testing" means the analysis of a body component | |
| 7535 | + | 232.13sample according to the standards established under one of the programs listed in section | |
| 7536 | + | 232.14181.953, subdivision 1, for the purpose of measuring the presence or absence of cannabis | |
| 7537 | + | 232.15flower, as defined in section 342.01, subdivision 15, cannabis products, as defined in section | |
| 7538 | + | 232.16342.01, subdivision 19, lower-potency hemp edibles as defined in section 342.01, subdivision | |
| 7539 | + | 232.1748, hemp-derived consumer products as defined in section 342.01, subdivision 35, or cannabis | |
| 7540 | + | 232.18metabolites in the sample tested. The definitions in this section apply to cannabis testing | |
| 7541 | + | 232.19unless stated otherwise. | |
| 7542 | + | 232.20Sec. 28. Minnesota Statutes 2022, section 181.950, subdivision 8, is amended to read: | |
| 7543 | + | 232.21 Subd. 8.Initial screening test."Initial screening test" means a drug or alcohol test or | |
| 7544 | + | 232.22cannabis test which uses a method of analysis under one of the programs listed in section | |
| 7545 | + | 232.23181.953, subdivision 1. | |
| 7546 | + | 232.24Sec. 29. Minnesota Statutes 2022, section 181.950, subdivision 13, is amended to read: | |
| 7547 | + | 232.25 Subd. 13.Safety-sensitive position."Safety-sensitive position" means a job, including | |
| 7548 | + | 232.26any supervisory or management position, in which an impairment caused by drug or, alcohol, | |
| 7549 | + | 232.27or cannabis usage would threaten the health or safety of any person. | |
| 7550 | + | 232.28Sec. 30. Minnesota Statutes 2022, section 181.951, subdivision 4, is amended to read: | |
| 7551 | + | 232.29 Subd. 4.Random testing.An employer may request or require employees to undergo | |
| 7552 | + | 232.30cannabis testing or drug and alcohol testing on a random selection basis only if (1) they are | |
| 7553 | + | 232Article 6 Sec. 30. | |
| 7554 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 233.1employed in safety-sensitive positions, or (2) they are employed as professional athletes if | |
| 7555 | + | 233.2the professional athlete is subject to a collective bargaining agreement permitting random | |
| 7556 | + | 233.3testing but only to the extent consistent with the collective bargaining agreement. | |
| 7557 | + | 233.4Sec. 31. Minnesota Statutes 2022, section 181.951, subdivision 5, is amended to read: | |
| 7558 | + | 233.5 Subd. 5.Reasonable suspicion testing.An employer may request or require an employee | |
| 7559 | + | 233.6to undergo cannabis testing and drug and alcohol testing if the employer has a reasonable | |
| 7560 | + | 233.7suspicion that the employee: | |
| 7561 | + | 233.8 (1) is under the influence of drugs or alcohol; | |
| 7562 | + | 233.9 (2) has violated the employer's written work rules prohibiting the use, possession, sale, | |
| 7563 | + | 233.10or transfer of drugs or alcohol, cannabis flower, cannabis products, lower-potency hemp | |
| 7564 | + | 233.11edibles, or hemp-derived consumer products while the employee is working or while the | |
| 7565 | + | 233.12employee is on the employer's premises or operating the employer's vehicle, machinery, or | |
| 7566 | + | 233.13equipment, provided the work rules are in writing and contained in the employer's written | |
| 7567 | + | 233.14cannabis testing or drug and alcohol testing policy; | |
| 7568 | + | 233.15 (3) has sustained a personal injury, as that term is defined in section 176.011, subdivision | |
| 7569 | + | 233.1616, or has caused another employee to sustain a personal injury; or | |
| 7570 | + | 233.17 (4) has caused a work-related accident or was operating or helping to operate machinery, | |
| 7571 | + | 233.18equipment, or vehicles involved in a work-related accident. | |
| 7572 | + | 233.19Sec. 32. Minnesota Statutes 2022, section 181.951, subdivision 6, is amended to read: | |
| 7573 | + | 233.20 Subd. 6.Treatment program testing.An employer may request or require an employee | |
| 7574 | + | 233.21to undergo cannabis testing and drug and alcohol testing if the employee has been referred | |
| 7575 | + | 233.22by the employer for substance use disorder treatment or evaluation or is participating in a | |
| 7576 | + | 233.23substance use disorder treatment program under an employee benefit plan, in which case | |
| 7577 | + | 233.24the employee may be requested or required to undergo cannabis testing and drug or alcohol | |
| 7578 | + | 233.25testing without prior notice during the evaluation or treatment period and for a period of up | |
| 7579 | + | 233.26to two years following completion of any prescribed substance use disorder treatment | |
| 7580 | + | 233.27program. | |
| 7581 | + | 233.28Sec. 33. Minnesota Statutes 2022, section 181.951, is amended by adding a subdivision | |
| 7582 | + | 233.29to read: | |
| 7583 | + | 233.30 Subd. 8.Limitations on cannabis testing.(a) An employer must not request or require | |
| 7584 | + | 233.31a job applicant to undergo cannabis testing solely for the purpose of determining the presence | |
| 7585 | + | 233Article 6 Sec. 33. | |
| 7586 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 234.1or absence of cannabis as a condition of employment unless otherwise required by state or | |
| 7587 | + | 234.2federal law. | |
| 7588 | + | 234.3 (b) Unless otherwise required by state or federal law, an employer must not refuse to | |
| 7589 | + | 234.4hire a job applicant solely because the job applicant submits to a cannabis test or a drug and | |
| 7590 | + | 234.5alcohol test authorized by this section and the results of the test indicate the presence of | |
| 7591 | + | 234.6cannabis. | |
| 7592 | + | 234.7 (c) An employer must not request or require an employee or job applicant to undergo | |
| 7593 | + | 234.8cannabis testing on an arbitrary or capricious basis. | |
| 7594 | + | 234.9 (d) Cannabis testing authorized under paragraph (d) must comply with the safeguards | |
| 7595 | + | 234.10for testing employees provided in sections 181.953 and 181.954. | |
| 7596 | + | 234.11Sec. 34. Minnesota Statutes 2022, section 181.951, is amended by adding a subdivision | |
| 7597 | + | 234.12to read: | |
| 7598 | + | 234.13 Subd. 9.Cannabis testing exceptions.For the following positions, cannabis and its | |
| 7599 | + | 234.14metabolites are considered a drug and subject to the drug and alcohol testing provisions in | |
| 7600 | + | 234.15sections 181.950 to 181.957: | |
| 7601 | + | 234.16 (1) a safety-sensitive position, as defined in section 181.950, subdivision 13; | |
| 7602 | + | 234.17 (2) a peace officer position, as defined in section 626.84, subdivision 1; | |
| 7603 | + | 234.18 (3) a firefighter position, as defined in section 299N.01, subdivision 3; | |
| 7604 | + | 234.19 (4) a position requiring face-to-face care, training, education, supervision, counseling, | |
| 7605 | + | 234.20consultation, or medical assistance to: | |
| 7606 | + | 234.21 (i) children; | |
| 7607 | + | 234.22 (ii) vulnerable adults, as defined in section 626.5572, subdivision 21; or | |
| 7608 | + | 234.23 (iii) patients who receive health care services from a provider for the treatment, | |
| 7609 | + | 234.24examination, or emergency care of a medical, psychiatric, or mental condition; | |
| 7610 | + | 234.25 (5) a position requiring a commercial driver's license or requiring an employee to operate | |
| 7611 | + | 234.26a motor vehicle for which state or federal law requires drug or alcohol testing of a job | |
| 7612 | + | 234.27applicant or an employee; | |
| 7613 | + | 234.28 (6) a position of employment funded by a federal grant; or | |
| 7614 | + | 234.29 (7) any other position for which state or federal law requires testing of a job applicant | |
| 7615 | + | 234.30or an employee for cannabis. | |
| 7616 | + | 234Article 6 Sec. 34. | |
| 7617 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 235.1Sec. 35. Minnesota Statutes 2022, section 181.952, is amended by adding a subdivision | |
| 7618 | + | 235.2to read: | |
| 7619 | + | 235.3 Subd. 3.Cannabis policy.(a) Unless otherwise provided by state or federal law, an | |
| 7620 | + | 235.4employer is not required to permit or accommodate cannabis flower, cannabis product, | |
| 7621 | + | 235.5lower-potency hemp edible, or hemp-derived consumer product use, possession, impairment, | |
| 7622 | + | 235.6sale, or transfer while an employee is working or while an employee is on the employer's | |
| 7623 | + | 235.7premises or operating the employer's vehicle, machinery, or equipment. | |
| 7624 | + | 235.8 (b) An employer may enact and enforce written work rules prohibiting cannabis flower, | |
| 7625 | + | 235.9cannabis product, lower-potency hemp edible, and hemp-derived consumer product use, | |
| 7626 | + | 235.10possession, impairment, sale, or transfer while an employee, is working or while an employee | |
| 7627 | + | 235.11is on the employer's premises or operating the employer's vehicle, machinery, or equipment | |
| 7628 | + | 235.12in a written policy that contains the minimum information required by this section. | |
| 7629 | + | 235.13Sec. 36. Minnesota Statutes 2022, section 181.953, is amended to read: | |
| 7630 | + | 235.14 181.953 RELIABILITY AND FAIRNESS SAFEGUARDS. | |
| 7631 | + | 235.15 Subdivision 1.Use of licensed, accredited, or certified laboratory required.(a) An | |
| 7632 | + | 235.16employer who requests or requires an employee or job applicant to undergo drug or alcohol | |
| 7633 | + | 235.17testing or cannabis testing shall use the services of a testing laboratory that meets one of | |
| 7634 | + | 235.18the following criteria for drug testing: | |
| 7635 | + | 235.19 (1) is certified by the National Institute on Drug Abuse as meeting the mandatory | |
| 7636 | + | 235.20guidelines published at 53 Federal Register 11970 to 11989, April 11, 1988; | |
| 7637 | + | 235.21 (2) is accredited by the College of American Pathologists, 325 Waukegan Road, | |
| 7638 | + | 235.22Northfield, Illinois, 60093-2750, under the forensic urine drug testing laboratory program; | |
| 7639 | + | 235.23or | |
| 7640 | + | 235.24 (3) is licensed to test for drugs by the state of New York, Department of Health, under | |
| 7641 | + | 235.25Public Health Law, article 5, title V, and rules adopted under that law. | |
| 7642 | + | 235.26 (b) For alcohol testing, the laboratory must either be: | |
| 7643 | + | 235.27 (1) licensed to test for drugs and alcohol by the state of New York, Department of Health, | |
| 7644 | + | 235.28under Public Health Law, article 5, title V, and the rules adopted under that law; or | |
| 7645 | + | 235.29 (2) accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, | |
| 7646 | + | 235.30Illinois, 60093-2750, in the laboratory accreditation program. | |
| 7647 | + | 235.31 Subd. 3.Laboratory testing, reporting, and sample retention requirements.A testing | |
| 7648 | + | 235.32laboratory that is not certified by the National Institute on Drug Abuse according to | |
| 7649 | + | 235Article 6 Sec. 36. | |
| 7650 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 236.1subdivision 1 shall follow the chain-of-custody procedures prescribed for employers in | |
| 7651 | + | 236.2subdivision 5. A testing laboratory shall conduct a confirmatory test on all samples that | |
| 7652 | + | 236.3produced a positive test result on an initial screening test. A laboratory shall disclose to the | |
| 7653 | + | 236.4employer a written test result report for each sample tested within three working days after | |
| 7654 | + | 236.5a negative test result on an initial screening test or, when the initial screening test produced | |
| 7655 | + | 236.6a positive test result, within three working days after a confirmatory test. A test report must | |
| 7656 | + | 236.7indicate the drugs, alcohol, or drug or alcohol metabolites, or cannabis or cannabis | |
| 7657 | + | 236.8metabolites tested for and whether the test produced negative or positive test results. A | |
| 7658 | + | 236.9laboratory shall retain and properly store for at least six months all samples that produced | |
| 7659 | + | 236.10a positive test result. | |
| 7660 | + | 236.11 Subd. 4.Prohibitions on employers.An employer may not conduct drug or alcohol | |
| 7661 | + | 236.12testing or cannabis testing of its own employees and job applicants using a testing laboratory | |
| 7662 | + | 236.13owned and operated by the employer; except that, one agency of the state may test the | |
| 7663 | + | 236.14employees of another agency of the state. Except as provided in subdivision 9, an employer | |
| 7664 | + | 236.15may not request or require an employee or job applicant to contribute to, or pay the cost of, | |
| 7665 | + | 236.16drug or alcohol testing or cannabis testing under sections 181.950 to 181.954. | |
| 7666 | + | 236.17 Subd. 5.Employer chain-of-custody procedures.An employer shall establish its own | |
| 7667 | + | 236.18reliable chain-of-custody procedures to ensure proper record keeping, handling, labeling, | |
| 7668 | + | 236.19and identification of the samples to be tested. The procedures must require the following: | |
| 7669 | + | 236.20 (1) possession of a sample must be traceable to the employee from whom the sample is | |
| 7670 | + | 236.21collected, from the time the sample is collected through the time the sample is delivered to | |
| 7671 | + | 236.22the laboratory; | |
| 7672 | + | 236.23 (2) the sample must always be in the possession of, must always be in view of, or must | |
| 7673 | + | 236.24be placed in a secured area by a person authorized to handle the sample; | |
| 7674 | + | 236.25 (3) a sample must be accompanied by a written chain-of-custody record; and | |
| 7675 | + | 236.26 (4) individuals relinquishing or accepting possession of the sample must record the time | |
| 7676 | + | 236.27the possession of the sample was transferred and must sign and date the chain-of-custody | |
| 7677 | + | 236.28record at the time of transfer. | |
| 7678 | + | 236.29 Subd. 6.Rights of employees and job applicants.(a) Before requesting an employee | |
| 7679 | + | 236.30or job applicant to undergo drug or alcohol testing or requesting cannabis testing, an employer | |
| 7680 | + | 236.31shall provide the employee or job applicant with a form, developed by the employer, on | |
| 7681 | + | 236.32which to acknowledge that the employee or job applicant has seen the employer's drug and | |
| 7682 | + | 236.33alcohol testing or cannabis testing policy. | |
| 7683 | + | 236Article 6 Sec. 36. | |
| 7684 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 237.1 (b) If an employee or job applicant tests positive for drug use, the employee must be | |
| 7685 | + | 237.2given written notice of the right to explain the positive test and the employer may request | |
| 7686 | + | 237.3that the employee or job applicant indicate any over-the-counter or prescription medication | |
| 7687 | + | 237.4that the individual is currently taking or has recently taken and any other information relevant | |
| 7688 | + | 237.5to the reliability of, or explanation for, a positive test result. | |
| 7689 | + | 237.6 (c) Within three working days after notice of a positive test result on a confirmatory test, | |
| 7690 | + | 237.7the employee or job applicant may submit information to the employer, in addition to any | |
| 7691 | + | 237.8information already submitted under paragraph (b), to explain that result, or may request a | |
| 7692 | + | 237.9confirmatory retest of the original sample at the employee's or job applicant's own expense | |
| 7693 | + | 237.10as provided under subdivision 9. | |
| 7694 | + | 237.11 Subd. 7.Notice of test results.Within three working days after receipt of a test result | |
| 7695 | + | 237.12report from the testing laboratory, an employer shall inform in writing an employee or job | |
| 7696 | + | 237.13applicant who has undergone drug or alcohol testing or cannabis testing of (1) a negative | |
| 7697 | + | 237.14test result on an initial screening test or of a negative or positive test result on a confirmatory | |
| 7698 | + | 237.15test and (2) the right provided in subdivision 8. In the case of a positive test result on a | |
| 7699 | + | 237.16confirmatory test, the employer shall also, at the time of this notice, inform the employee | |
| 7700 | + | 237.17or job applicant in writing of the rights provided in subdivisions 6, paragraph (b), 9, and | |
| 7701 | + | 237.18either subdivision 10 or 11, whichever applies. | |
| 7702 | + | 237.19 Subd. 8.Right to test result report.An employee or job applicant has the right to | |
| 7703 | + | 237.20request and receive from the employer a copy of the test result report on any drug or alcohol | |
| 7704 | + | 237.21test or cannabis test. | |
| 7705 | + | 237.22 Subd. 9.Confirmatory retests.An employee or job applicant may request a confirmatory | |
| 7706 | + | 237.23retest of the original sample at the employee's or job applicant's own expense after notice | |
| 7707 | + | 237.24of a positive test result on a confirmatory test. Within five working days after notice of the | |
| 7708 | + | 237.25confirmatory test result, the employee or job applicant shall notify the employer in writing | |
| 7709 | + | 237.26of the employee's or job applicant's intention to obtain a confirmatory retest. Within three | |
| 7710 | + | 237.27working days after receipt of the notice, the employer shall notify the original testing | |
| 7711 | + | 237.28laboratory that the employee or job applicant has requested the laboratory to conduct the | |
| 7712 | + | 237.29confirmatory retest or transfer the sample to another laboratory licensed under subdivision | |
| 7713 | + | 237.301 to conduct the confirmatory retest. The original testing laboratory shall ensure that the | |
| 7714 | + | 237.31chain-of-custody procedures in subdivision 3 are followed during transfer of the sample to | |
| 7715 | + | 237.32the other laboratory. The confirmatory retest must use the same drug or, alcohol, or cannabis | |
| 7716 | + | 237.33threshold detection levels as used in the original confirmatory test. If the confirmatory retest | |
| 7717 | + | 237.34does not confirm the original positive test result, no adverse personnel action based on the | |
| 7718 | + | 237.35original confirmatory test may be taken against the employee or job applicant. | |
| 7719 | + | 237Article 6 Sec. 36. | |
| 7720 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 238.1 Subd. 10.Limitations on employee discharge, discipline, or discrimination.(a) An | |
| 7721 | + | 238.2employer may not discharge, discipline, discriminate against, or request or require | |
| 7722 | + | 238.3rehabilitation of an employee on the basis of a positive test result from an initial screening | |
| 7723 | + | 238.4test that has not been verified by a confirmatory test. | |
| 7724 | + | 238.5 (b) In addition to the limitation under paragraph (a), an employer may not discharge an | |
| 7725 | + | 238.6employee for whom a positive test result on a confirmatory test was the first such result for | |
| 7726 | + | 238.7the employee on a drug or alcohol test or cannabis test requested by the employer unless | |
| 7727 | + | 238.8the following conditions have been met: | |
| 7728 | + | 238.9 (1) the employer has first given the employee an opportunity to participate in, at the | |
| 7729 | + | 238.10employee's own expense or pursuant to coverage under an employee benefit plan, either a | |
| 7730 | + | 238.11drug or, alcohol, or cannabis counseling or rehabilitation program, whichever is more | |
| 7731 | + | 238.12appropriate, as determined by the employer after consultation with a certified chemical use | |
| 7732 | + | 238.13counselor or a physician trained in the diagnosis and treatment of substance use disorder; | |
| 7733 | + | 238.14and | |
| 7734 | + | 238.15 (2) the employee has either refused to participate in the counseling or rehabilitation | |
| 7735 | + | 238.16program or has failed to successfully complete the program, as evidenced by withdrawal | |
| 7736 | + | 238.17from the program before its completion or by a positive test result on a confirmatory test | |
| 7737 | + | 238.18after completion of the program. | |
| 7738 | + | 238.19 (c) Notwithstanding paragraph (a), an employer may temporarily suspend the tested | |
| 7739 | + | 238.20employee or transfer that employee to another position at the same rate of pay pending the | |
| 7740 | + | 238.21outcome of the confirmatory test and, if requested, the confirmatory retest, provided the | |
| 7741 | + | 238.22employer believes that it is reasonably necessary to protect the health or safety of the | |
| 7742 | + | 238.23employee, coemployees, or the public. An employee who has been suspended without pay | |
| 7743 | + | 238.24must be reinstated with back pay if the outcome of the confirmatory test or requested | |
| 7744 | + | 238.25confirmatory retest is negative. | |
| 7745 | + | 238.26 (d) An employer may not discharge, discipline, discriminate against, or request or require | |
| 7746 | + | 238.27rehabilitation of an employee on the basis of medical history information revealed to the | |
| 7747 | + | 238.28employer pursuant to subdivision 6 unless the employee was under an affirmative duty to | |
| 7748 | + | 238.29provide the information before, upon, or after hire. | |
| 7749 | + | 238.30 (e) An employee must be given access to information in the employee's personnel file | |
| 7750 | + | 238.31relating to positive test result reports and other information acquired in the drug and alcohol | |
| 7751 | + | 238.32testing process or cannabis testing process and conclusions drawn from and actions taken | |
| 7752 | + | 238.33based on the reports or other acquired information. | |
| 7753 | + | 238Article 6 Sec. 36. | |
| 7754 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 239.1 Subd. 10a.Additional limitations for cannabis.An employer may discipline, discharge, | |
| 7755 | + | 239.2or take other adverse personnel action against an employee for cannabis flower, cannabis | |
| 7756 | + | 239.3product, lower-potency hemp edible, or hemp-derived consumer product use, possession, | |
| 7757 | + | 239.4impairment, sale, or transfer while an employee is working, on the employer's premises, or | |
| 7758 | + | 239.5operating the employer's vehicle, machinery, or equipment as follows: | |
| 7759 | + | 239.6 (1) if the employee is under the influence of cannabis flower, a cannabis product, a | |
| 7760 | + | 239.7lower-potency hemp edible, or a hemp-derived consumer product; | |
| 7761 | + | 239.8 (2) if cannabis testing verifies the presence of cannabis flower, a cannabis product, a | |
| 7762 | + | 239.9lower-potency hemp edible, or a hemp-derived consumer product following a confirmatory | |
| 7763 | + | 239.10test; | |
| 7764 | + | 239.11 (3) as provided in the employer's written work rules for cannabis flower, cannabis | |
| 7765 | + | 239.12products, lower-potency hemp edibles, or hemp-derived consumer products and cannabis | |
| 7766 | + | 239.13testing, provided that the rules are in writing and in a written policy that contains the | |
| 7767 | + | 239.14minimum information required by section 181.952; or | |
| 7768 | + | 239.15 (4) as otherwise authorized or required under state or federal law or regulations, or if a | |
| 7769 | + | 239.16failure to do so would cause an employer to lose a monetary or licensing-related benefit | |
| 7770 | + | 239.17under federal law or regulations. | |
| 7771 | + | 239.18 Subd. 11.Limitation on withdrawal of job offer.If a job applicant has received a job | |
| 7772 | + | 239.19offer made contingent on the applicant passing drug and alcohol testing, the employer may | |
| 7773 | + | 239.20not withdraw the offer based on a positive test result from an initial screening test that has | |
| 7774 | + | 239.21not been verified by a confirmatory test. | |
| 7775 | + | 239.22Sec. 37. Minnesota Statutes 2022, section 181.954, is amended to read: | |
| 7776 | + | 239.23 181.954 PRIVACY, CONFIDENTIALITY, AND PRIVILEGE SAFEGUARDS. | |
| 7777 | + | 239.24 Subdivision 1.Privacy limitations.A laboratory may only disclose to the employer test | |
| 7778 | + | 239.25result data regarding the presence or absence of drugs, alcohol, or their metabolites in a | |
| 7779 | + | 239.26sample tested. | |
| 7780 | + | 239.27 Subd. 2.Confidentiality limitations.Test result reports and other information acquired | |
| 7781 | + | 239.28in the drug or alcohol testing or cannabis testing process are, with respect to private sector | |
| 7782 | + | 239.29employees and job applicants, private and confidential information, and, with respect to | |
| 7783 | + | 239.30public sector employees and job applicants, private data on individuals as that phrase is | |
| 7784 | + | 239.31defined in chapter 13, and may not be disclosed by an employer or laboratory to another | |
| 7785 | + | 239.32employer or to a third-party individual, governmental agency, or private organization without | |
| 7786 | + | 239.33the written consent of the employee or job applicant tested. | |
| 7787 | + | 239Article 6 Sec. 37. | |
| 7788 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 240.1 Subd. 3.Exceptions to privacy and confidentiality disclosure | |
| 7789 | + | 240.2limitations.Notwithstanding subdivisions 1 and 2, evidence of a positive test result on a | |
| 7790 | + | 240.3confirmatory test may be: (1) used in an arbitration proceeding pursuant to a collective | |
| 7791 | + | 240.4bargaining agreement, an administrative hearing under chapter 43A or other applicable state | |
| 7792 | + | 240.5or local law, or a judicial proceeding, provided that information is relevant to the hearing | |
| 7793 | + | 240.6or proceeding; (2) disclosed to any federal agency or other unit of the United States | |
| 7794 | + | 240.7government as required under federal law, regulation, or order, or in accordance with | |
| 7795 | + | 240.8compliance requirements of a federal government contract; and (3) disclosed to a substance | |
| 7796 | + | 240.9abuse treatment facility for the purpose of evaluation or treatment of the employee. | |
| 7797 | + | 240.10 Subd. 4.Privilege.Positive test results from an employer drug or alcohol testing or | |
| 7798 | + | 240.11cannabis testing program may not be used as evidence in a criminal action against the | |
| 7799 | + | 240.12employee or job applicant tested. | |
| 7800 | + | 240.13Sec. 38. Minnesota Statutes 2022, section 181.955, is amended to read: | |
| 7801 | + | 240.14 181.955 CONSTRUCTION. | |
| 7802 | + | 240.15 Subdivision 1.Freedom to collectively bargain.Sections 181.950 to 181.954 shall not | |
| 7803 | + | 240.16be construed to limit the parties to a collective bargaining agreement from bargaining and | |
| 7804 | + | 240.17agreeing with respect to a drug and alcohol testing or a cannabis testing policy that meets | |
| 7805 | + | 240.18or exceeds, and does not otherwise conflict with, the minimum standards and requirements | |
| 7806 | + | 240.19for employee protection provided in those sections. | |
| 7807 | + | 240.20 Subd. 2.Employee protections under existing collective bargaining | |
| 7808 | + | 240.21agreements.Sections 181.950 to 181.954 shall not be construed to interfere with or diminish | |
| 7809 | + | 240.22any employee protections relating to drug and alcohol testing or cannabis testing already | |
| 7810 | + | 240.23provided under collective bargaining agreements in effect on the effective date of those | |
| 7811 | + | 240.24sections that exceed the minimum standards and requirements for employee protection | |
| 7812 | + | 240.25provided in those sections. | |
| 7813 | + | 240.26 Subd. 3.Professional athletes.Sections 181.950 to 181.954 shall not be construed to | |
| 7814 | + | 240.27interfere with the operation of a drug and alcohol testing or cannabis testing program if: | |
| 7815 | + | 240.28 (1) the drug and alcohol testing program is permitted under a contract between the | |
| 7816 | + | 240.29employer and employees; and | |
| 7817 | + | 240.30 (2) the covered employees are employed as professional athletes. | |
| 7818 | + | 240.31 Upon request of the commissioner of labor and industry, the exclusive representative | |
| 7819 | + | 240.32of the employees and the employer shall certify to the commissioner of labor and industry | |
| 7820 | + | 240.33that the drug and alcohol testing or cannabis testing program permitted under the contract | |
| 7821 | + | 240Article 6 Sec. 38. | |
| 7822 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 241.1should operate without interference from the sections specified in this subdivision. This | |
| 7823 | + | 241.2subdivision must not be construed to create an exemption from controlled substance crimes | |
| 7824 | + | 241.3in chapter 152. | |
| 7825 | + | 241.4Sec. 39. Minnesota Statutes 2022, section 181.957, subdivision 1, is amended to read: | |
| 7826 | + | 241.5 Subdivision 1.Excluded employees and job applicants.Except as provided under | |
| 7827 | + | 241.6subdivision 2, the employee and job applicant protections provided under sections 181.950 | |
| 7828 | + | 241.7to 181.956 do not apply to employees and job applicants where the specific work performed | |
| 7829 | + | 241.8requires those employees and job applicants to be subject to drug and alcohol testing or | |
| 7830 | + | 241.9cannabis testing pursuant to: | |
| 7831 | + | 241.10 (1) federal regulations that specifically preempt state regulation of drug and alcohol | |
| 7832 | + | 241.11testing or cannabis testing with respect to those employees and job applicants; | |
| 7833 | + | 241.12 (2) federal regulations or requirements necessary to operate federally regulated facilities; | |
| 7834 | + | 241.13 (3) federal contracts where the drug and alcohol testing or cannabis testing is conducted | |
| 7835 | + | 241.14for security, safety, or protection of sensitive or proprietary data; or | |
| 7836 | + | 241.15 (4) state agency rules that adopt federal regulations applicable to the interstate component | |
| 7837 | + | 241.16of a federally regulated industry, and the adoption of those rules is for the purpose of | |
| 7838 | + | 241.17conforming the nonfederally regulated intrastate component of the industry to identical | |
| 7839 | + | 241.18regulation. | |
| 7840 | + | 241.19Sec. 40. Minnesota Statutes 2022, section 245C.08, subdivision 1, is amended to read: | |
| 7841 | + | 241.20 Subdivision 1.Background studies conducted by Department of Human Services.(a) | |
| 7842 | + | 241.21For a background study conducted by the Department of Human Services, the commissioner | |
| 7843 | + | 241.22shall review: | |
| 7844 | + | 241.23 (1) information related to names of substantiated perpetrators of maltreatment of | |
| 7845 | + | 241.24vulnerable adults that has been received by the commissioner as required under section | |
| 7846 | + | 241.25626.557, subdivision 9c, paragraph (j); | |
| 7847 | + | 241.26 (2) the commissioner's records relating to the maltreatment of minors in licensed | |
| 7848 | + | 241.27programs, and from findings of maltreatment of minors as indicated through the social | |
| 7849 | + | 241.28service information system; | |
| 7850 | + | 241.29 (3) information from juvenile courts as required in subdivision 4 for individuals listed | |
| 7851 | + | 241.30in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause; | |
| 7852 | + | 241Article 6 Sec. 40. | |
| 7853 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 242.1 (4) information from the Bureau of Criminal Apprehension, including information | |
| 7854 | + | 242.2regarding a background study subject's registration in Minnesota as a predatory offender | |
| 7855 | + | 242.3under section 243.166; | |
| 7856 | + | 242.4 (5) except as provided in clause (6), information received as a result of submission of | |
| 7857 | + | 242.5fingerprints for a national criminal history record check, as defined in section 245C.02, | |
| 7858 | + | 242.6subdivision 13c, when the commissioner has reasonable cause for a national criminal history | |
| 7859 | + | 242.7record check as defined under section 245C.02, subdivision 15a, or as required under section | |
| 7860 | + | 242.8144.057, subdivision 1, clause (2); | |
| 7861 | + | 242.9 (6) for a background study related to a child foster family setting application for licensure, | |
| 7862 | + | 242.10foster residence settings, children's residential facilities, a transfer of permanent legal and | |
| 7863 | + | 242.11physical custody of a child under sections 260C.503 to 260C.515, or adoptions, and for a | |
| 7864 | + | 242.12background study required for family child care, certified license-exempt child care, child | |
| 7865 | + | 242.13care centers, and legal nonlicensed child care authorized under chapter 119B, the | |
| 7866 | + | 242.14commissioner shall also review: | |
| 7867 | + | 242.15 (i) information from the child abuse and neglect registry for any state in which the | |
| 7868 | + | 242.16background study subject has resided for the past five years; | |
| 7869 | + | 242.17 (ii) when the background study subject is 18 years of age or older, or a minor under | |
| 7870 | + | 242.18section 245C.05, subdivision 5a, paragraph (c), information received following submission | |
| 7871 | + | 242.19of fingerprints for a national criminal history record check; and | |
| 7872 | + | 242.20 (iii) when the background study subject is 18 years of age or older or a minor under | |
| 7873 | + | 242.21section 245C.05, subdivision 5a, paragraph (d), for licensed family child care, certified | |
| 7874 | + | 242.22license-exempt child care, licensed child care centers, and legal nonlicensed child care | |
| 7875 | + | 242.23authorized under chapter 119B, information obtained using non-fingerprint-based data | |
| 7876 | + | 242.24including information from the criminal and sex offender registries for any state in which | |
| 7877 | + | 242.25the background study subject resided for the past five years and information from the national | |
| 7878 | + | 242.26crime information database and the national sex offender registry; and | |
| 7879 | + | 242.27 (7) for a background study required for family child care, certified license-exempt child | |
| 7880 | + | 242.28care centers, licensed child care centers, and legal nonlicensed child care authorized under | |
| 7881 | + | 242.29chapter 119B, the background study shall also include, to the extent practicable, a name | |
| 7882 | + | 242.30and date-of-birth search of the National Sex Offender Public website. | |
| 7883 | + | 242.31 (b) Except as otherwise provided in this paragraph, notwithstanding expungement by a | |
| 7884 | + | 242.32court, the commissioner may consider information obtained under paragraph (a), clauses | |
| 7885 | + | 242.33(3) and (4), unless the commissioner received notice of the petition for expungement and | |
| 7886 | + | 242.34the court order for expungement is directed specifically to the commissioner. The | |
| 7887 | + | 242Article 6 Sec. 40. | |
| 7888 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 243.1commissioner may not consider information obtained under paragraph (a), clauses (3) and | |
| 7889 | + | 243.2(4), or from any other source that identifies a violation of chapter 152 without determining | |
| 7890 | + | 243.3if the offense involved the possession of marijuana or tetrahydrocannabinol and, if so, | |
| 7891 | + | 243.4whether the person received a grant of expungement or order of expungement, or the person | |
| 7892 | + | 243.5was resentenced to a lesser offense. If the person received a grant of expungement or order | |
| 7893 | + | 243.6of expungement, the commissioner may not consider information related to that violation | |
| 7894 | + | 243.7but may consider any other relevant information arising out of the same incident. | |
| 7895 | + | 243.8 (c) The commissioner shall also review criminal case information received according | |
| 7896 | + | 243.9to section 245C.04, subdivision 4a, from the Minnesota court information system that relates | |
| 7897 | + | 243.10to individuals who have already been studied under this chapter and who remain affiliated | |
| 7898 | + | 243.11with the agency that initiated the background study. | |
| 7899 | + | 243.12 (d) When the commissioner has reasonable cause to believe that the identity of a | |
| 7900 | + | 243.13background study subject is uncertain, the commissioner may require the subject to provide | |
| 7901 | + | 243.14a set of classifiable fingerprints for purposes of completing a fingerprint-based record check | |
| 7902 | + | 243.15with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph | |
| 7903 | + | 243.16shall not be saved by the commissioner after they have been used to verify the identity of | |
| 7904 | + | 243.17the background study subject against the particular criminal record in question. | |
| 7905 | + | 243.18 (e) The commissioner may inform the entity that initiated a background study under | |
| 7906 | + | 243.19NETStudy 2.0 of the status of processing of the subject's fingerprints. | |
| 7907 | + | 243.20Sec. 41. Minnesota Statutes 2022, section 256.01, subdivision 18c, is amended to read: | |
| 7908 | + | 243.21 Subd. 18c.Drug convictions.(a) The state court administrator shall provide a report | |
| 7909 | + | 243.22every six months by electronic means to the commissioner of human services, including | |
| 7910 | + | 243.23the name, address, date of birth, and, if available, driver's license or state identification card | |
| 7911 | + | 243.24number, date of the sentence, effective date of the sentence, and county in which the | |
| 7912 | + | 243.25conviction occurred, of each person convicted of a felony under chapter 152, except for | |
| 7913 | + | 243.26convictions under section 152.0263 or 152.0264, during the previous six months. | |
| 7914 | + | 243.27 (b) The commissioner shall determine whether the individuals who are the subject of | |
| 7915 | + | 243.28the data reported under paragraph (a) are receiving public assistance under chapter 256D | |
| 7916 | + | 243.29or 256J, and if the an individual is receiving assistance under chapter 256D or 256J, the | |
| 7917 | + | 243.30commissioner shall instruct the county to proceed under section 256D.024 or 256J.26, | |
| 7918 | + | 243.31whichever is applicable, for this individual. | |
| 7919 | + | 243Article 6 Sec. 41. | |
| 7920 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 244.1 (c) The commissioner shall not retain any data received under paragraph (a) or (d) that | |
| 7921 | + | 244.2does not relate to an individual receiving publicly funded assistance under chapter 256D or | |
| 7922 | + | 244.3256J. | |
| 7923 | + | 244.4 (d) In addition to the routine data transfer under paragraph (a), the state court | |
| 7924 | + | 244.5administrator shall provide a onetime report of the data fields under paragraph (a) for | |
| 7925 | + | 244.6individuals with a felony drug conviction under chapter 152 dated from July 1, 1997, until | |
| 7926 | + | 244.7the date of the data transfer. The commissioner shall perform the tasks identified under | |
| 7927 | + | 244.8paragraph (b) related to this data and shall retain the data according to paragraph (c). | |
| 7928 | + | 244.9Sec. 42. Minnesota Statutes 2022, section 256B.0625, subdivision 13d, is amended to | |
| 7929 | + | 244.10read: | |
| 7930 | + | 244.11 Subd. 13d.Drug formulary.(a) The commissioner shall establish a drug formulary. Its | |
| 7931 | + | 244.12establishment and publication shall not be subject to the requirements of the Administrative | |
| 7932 | + | 244.13Procedure Act, but the Formulary Committee shall review and comment on the formulary | |
| 7933 | + | 244.14contents. | |
| 7934 | + | 244.15 (b) The formulary shall not include: | |
| 7935 | + | 244.16 (1) drugs, active pharmaceutical ingredients, or products for which there is no federal | |
| 7936 | + | 244.17funding; | |
| 7937 | + | 244.18 (2) over-the-counter drugs, except as provided in subdivision 13; | |
| 7938 | + | 244.19 (3) drugs or active pharmaceutical ingredients when used for the treatment of impotence | |
| 7939 | + | 244.20or erectile dysfunction; | |
| 7940 | + | 244.21 (4) drugs or active pharmaceutical ingredients for which medical value has not been | |
| 7941 | + | 244.22established; | |
| 7942 | + | 244.23 (5) drugs from manufacturers who have not signed a rebate agreement with the | |
| 7943 | + | 244.24Department of Health and Human Services pursuant to section 1927 of title XIX of the | |
| 7944 | + | 244.25Social Security Act; and | |
| 7945 | + | 244.26 (6) medical cannabis flower as defined in section 152.22, subdivision 6 342.01, | |
| 7946 | + | 244.27subdivision 52, or medical cannabinoid products as defined in section 342.01, subdivision | |
| 7947 | + | 244.2850. | |
| 7948 | + | 244.29 (c) If a single-source drug used by at least two percent of the fee-for-service medical | |
| 7949 | + | 244.30assistance recipients is removed from the formulary due to the failure of the manufacturer | |
| 7950 | + | 244.31to sign a rebate agreement with the Department of Health and Human Services, the | |
| 7951 | + | 244.32commissioner shall notify prescribing practitioners within 30 days of receiving notification | |
| 7952 | + | 244Article 6 Sec. 42. | |
| 7953 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 245.1from the Centers for Medicare and Medicaid Services (CMS) that a rebate agreement was | |
| 7954 | + | 245.2not signed. | |
| 7955 | + | 245.3Sec. 43. Minnesota Statutes 2022, section 256D.024, subdivision 1, is amended to read: | |
| 7956 | + | 245.4 Subdivision 1.Person convicted of drug offenses.(a) If an applicant or recipient has | |
| 7957 | + | 245.5been convicted of a drug offense after July 1, 1997, except for convictions related to cannabis, | |
| 7958 | + | 245.6marijuana, or tetrahydrocannabinols, the assistance unit is ineligible for benefits under this | |
| 7959 | + | 245.7chapter until five years after the applicant has completed terms of the court-ordered sentence, | |
| 7960 | + | 245.8unless the person is participating in a drug treatment program, has successfully completed | |
| 7961 | + | 245.9a drug treatment program, or has been assessed by the county and determined not to be in | |
| 7962 | + | 245.10need of a drug treatment program. Persons subject to the limitations of this subdivision who | |
| 7963 | + | 245.11become eligible for assistance under this chapter shall be subject to random drug testing as | |
| 7964 | + | 245.12a condition of continued eligibility and shall lose eligibility for benefits for five years | |
| 7965 | + | 245.13beginning the month following: | |
| 7966 | + | 245.14 (1) any positive test result for an illegal controlled substance under chapter 152; or | |
| 7967 | + | 245.15 (2) discharge of sentence after conviction for another drug felony. | |
| 7968 | + | 245.16 (b) For the purposes of this subdivision, "drug offense" means a conviction that occurred | |
| 7969 | + | 245.17after July 1, 1997, of sections 152.021 to 152.025, 152.0261, 152.0262, or 152.096. Drug | |
| 7970 | + | 245.18offense also means a conviction in another jurisdiction of the possession, use, or distribution | |
| 7971 | + | 245.19of a controlled substance, or conspiracy to commit any of these offenses, if the offense | |
| 7972 | + | 245.20occurred after July 1, 1997, and the conviction is a felony offense in that jurisdiction, or in | |
| 7973 | + | 245.21the case of New Jersey, a high misdemeanor for a crime that would be a felony if committed | |
| 7974 | + | 245.22in Minnesota. | |
| 7975 | + | 245.23Sec. 44. Minnesota Statutes 2022, section 256D.024, subdivision 3, is amended to read: | |
| 7976 | + | 245.24 Subd. 3.Fleeing felons.An individual who is fleeing to avoid prosecution, or custody, | |
| 7977 | + | 245.25or confinement after conviction for a crime that is a felony under the laws of the jurisdiction | |
| 7978 | + | 245.26from which the individual flees, or in the case of New Jersey, is a high misdemeanor, would | |
| 7979 | + | 245.27be a felony if committed in Minnesota, is ineligible to receive benefits under this chapter. | |
| 7980 | + | 245.28Sec. 45. Minnesota Statutes 2022, section 256J.26, subdivision 1, is amended to read: | |
| 7981 | + | 245.29 Subdivision 1.Person convicted of drug offenses.(a) An individual who has been | |
| 7982 | + | 245.30convicted of a felony level drug offense committed during the previous ten years from the | |
| 7983 | + | 245.31date of application or recertification, except for convictions related to cannabis, marijuana, | |
| 7984 | + | 245.32or tetrahydrocannabinols, is subject to the following: | |
| 7985 | + | 245Article 6 Sec. 45. | |
| 7986 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 246.1 (1) Benefits for the entire assistance unit must be paid in vendor form for shelter and | |
| 7987 | + | 246.2utilities during any time the applicant is part of the assistance unit. | |
| 7988 | + | 246.3 (2) The convicted applicant or participant shall be subject to random drug testing as a | |
| 7989 | + | 246.4condition of continued eligibility and following any positive test for an illegal controlled | |
| 7990 | + | 246.5substance under chapter 152 is subject to the following sanctions: | |
| 7991 | + | 246.6 (i) for failing a drug test the first time, the residual amount of the participant's grant after | |
| 7992 | + | 246.7making vendor payments for shelter and utility costs, if any, must be reduced by an amount | |
| 7993 | + | 246.8equal to 30 percent of the MFIP standard of need for an assistance unit of the same size. | |
| 7994 | + | 246.9When a sanction under this subdivision is in effect, the job counselor must attempt to meet | |
| 7995 | + | 246.10with the person face-to-face. During the face-to-face meeting, the job counselor must explain | |
| 7996 | + | 246.11the consequences of a subsequent drug test failure and inform the participant of the right to | |
| 7997 | + | 246.12appeal the sanction under section 256J.40. If a face-to-face meeting is not possible, the | |
| 7998 | + | 246.13county agency must send the participant a notice of adverse action as provided in section | |
| 7999 | + | 246.14256J.31, subdivisions 4 and 5, and must include the information required in the face-to-face | |
| 8000 | + | 246.15meeting; or | |
| 8001 | + | 246.16 (ii) for failing a drug test two times, the participant is permanently disqualified from | |
| 8002 | + | 246.17receiving MFIP assistance, both the cash and food portions. The assistance unit's MFIP | |
| 8003 | + | 246.18grant must be reduced by the amount which would have otherwise been made available to | |
| 8004 | + | 246.19the disqualified participant. Disqualification under this item does not make a participant | |
| 8005 | + | 246.20ineligible for the Supplemental Nutrition Assistance Program (SNAP). Before a | |
| 8006 | + | 246.21disqualification under this provision is imposed, the job counselor must attempt to meet | |
| 8007 | + | 246.22with the participant face-to-face. During the face-to-face meeting, the job counselor must | |
| 8008 | + | 246.23identify other resources that may be available to the participant to meet the needs of the | |
| 8009 | + | 246.24family and inform the participant of the right to appeal the disqualification under section | |
| 8010 | + | 246.25256J.40. If a face-to-face meeting is not possible, the county agency must send the participant | |
| 8011 | + | 246.26a notice of adverse action as provided in section 256J.31, subdivisions 4 and 5, and must | |
| 8012 | + | 246.27include the information required in the face-to-face meeting. | |
| 8013 | + | 246.28 (3) A participant who fails a drug test the first time and is under a sanction due to other | |
| 8014 | + | 246.29MFIP program requirements is considered to have more than one occurrence of | |
| 8015 | + | 246.30noncompliance and is subject to the applicable level of sanction as specified under section | |
| 8016 | + | 246.31256J.46, subdivision 1, paragraph (d). | |
| 8017 | + | 246.32 (b) Applicants requesting only SNAP benefits or participants receiving only SNAP | |
| 8018 | + | 246.33benefits, who have been convicted of a drug offense that occurred after July 1, 1997, except | |
| 8019 | + | 246.34for convictions related to cannabis, marijuana, or tetrahydrocannabinols, may, if otherwise | |
| 8020 | + | 246Article 6 Sec. 45. | |
| 8021 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 247.1eligible, receive SNAP benefits if the convicted applicant or participant is subject to random | |
| 8022 | + | 247.2drug testing as a condition of continued eligibility. Following a positive test for an illegal | |
| 8023 | + | 247.3controlled substance under chapter 152, the applicant is subject to the following sanctions: | |
| 8024 | + | 247.4 (1) for failing a drug test the first time, SNAP benefits shall be reduced by an amount | |
| 8025 | + | 247.5equal to 30 percent of the applicable SNAP benefit allotment. When a sanction under this | |
| 8026 | + | 247.6clause is in effect, a job counselor must attempt to meet with the person face-to-face. During | |
| 8027 | + | 247.7the face-to-face meeting, a job counselor must explain the consequences of a subsequent | |
| 8028 | + | 247.8drug test failure and inform the participant of the right to appeal the sanction under section | |
| 8029 | + | 247.9256J.40. If a face-to-face meeting is not possible, a county agency must send the participant | |
| 8030 | + | 247.10a notice of adverse action as provided in section 256J.31, subdivisions 4 and 5, and must | |
| 8031 | + | 247.11include the information required in the face-to-face meeting; and | |
| 8032 | + | 247.12 (2) for failing a drug test two times, the participant is permanently disqualified from | |
| 8033 | + | 247.13receiving SNAP benefits. Before a disqualification under this provision is imposed, a job | |
| 8034 | + | 247.14counselor must attempt to meet with the participant face-to-face. During the face-to-face | |
| 8035 | + | 247.15meeting, the job counselor must identify other resources that may be available to the | |
| 8036 | + | 247.16participant to meet the needs of the family and inform the participant of the right to appeal | |
| 8037 | + | 247.17the disqualification under section 256J.40. If a face-to-face meeting is not possible, a county | |
| 8038 | + | 247.18agency must send the participant a notice of adverse action as provided in section 256J.31, | |
| 8039 | + | 247.19subdivisions 4 and 5, and must include the information required in the face-to-face meeting. | |
| 8040 | + | 247.20 (c) For the purposes of this subdivision, "drug offense" means an offense that occurred | |
| 8041 | + | 247.21during the previous ten years from the date of application or recertification of sections | |
| 8042 | + | 247.22152.021 to 152.025, 152.0261, 152.0262, 152.096, or 152.137. Drug offense also means a | |
| 8043 | + | 247.23conviction in another jurisdiction of the possession, use, or distribution of a controlled | |
| 8044 | + | 247.24substance, or conspiracy to commit any of these offenses, if the offense occurred during | |
| 8045 | + | 247.25the previous ten years from the date of application or recertification and the conviction is | |
| 8046 | + | 247.26a felony offense in that jurisdiction, or in the case of New Jersey, a high misdemeanor for | |
| 8047 | + | 247.27a crime that would be a felony if committed in Minnesota. | |
| 8048 | + | 247.28Sec. 46. Minnesota Statutes 2022, section 256J.26, subdivision 3, is amended to read: | |
| 8049 | + | 247.29 Subd. 3.Fleeing felons.An individual who is fleeing to avoid prosecution, or custody, | |
| 8050 | + | 247.30or confinement after conviction for a crime that is a felony under the laws of the jurisdiction | |
| 8051 | + | 247.31from which the individual flees, or in the case of New Jersey, is a high misdemeanor, would | |
| 8052 | + | 247.32be a felony if committed in Minnesota, is disqualified from receiving MFIP. | |
| 8053 | + | 247Article 6 Sec. 46. | |
| 8054 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 248.1Sec. 47. [340A.4022] RETAIL LICENSE NOT PROHIBITED; LOWER-POTENCY | |
| 8055 | + | 248.2HEMP EDIBLES. | |
| 8056 | + | 248.3 (a) Nothing in this chapter: | |
| 8057 | + | 248.4 (1) prohibits the issuance of a retail license or permit to a person also holding a hemp | |
| 8058 | + | 248.5business license authorizing the manufacture or retail sale of lower-potency hemp edibles; | |
| 8059 | + | 248.6 (2) allows any agreement between a licensing authority and retail license or permit holder | |
| 8060 | + | 248.7that prohibits the license or permit holder from also holding a lower-potency hemp edible | |
| 8061 | + | 248.8manufacturer or retailer license; or | |
| 8062 | + | 248.9 (3) allows the revocation or suspension of a retail license or permit, or the imposition | |
| 8063 | + | 248.10of a penalty on a retail license or permit holder, due to the retail license or permit holder | |
| 8064 | + | 248.11also holding a lower-potency hemp edible manufacturer or retailer license. | |
| 8065 | + | 248.12 (b) For purposes of this section, "hemp business license authorizing manufacture or | |
| 8066 | + | 248.13retail sale of lower-potency hemp edibles" means a license issued by the Office of Cannabis | |
| 8067 | + | 248.14Management pursuant to sections 342.43 to 342.46. | |
| 8068 | + | 248.15Sec. 48. Minnesota Statutes 2022, section 340A.412, subdivision 14, is amended to read: | |
| 8069 | + | 248.16 Subd. 14.Exclusive liquor stores.(a) Except as otherwise provided in this subdivision, | |
| 8070 | + | 248.17an exclusive liquor store may sell only the following items: | |
| 8071 | + | 248.18 (1) alcoholic beverages; | |
| 8072 | + | 248.19 (2) tobacco products; | |
| 8073 | + | 248.20 (3) ice; | |
| 8074 | + | 248.21 (4) beverages, either liquid or powder, specifically designated for mixing with intoxicating | |
| 8075 | + | 248.22liquor; | |
| 8076 | + | 248.23 (5) soft drinks; | |
| 8077 | + | 248.24 (6) liqueur-filled candies; | |
| 8078 | + | 248.25 (7) food products that contain more than one-half of one percent alcohol by volume; | |
| 8079 | + | 248.26 (8) cork extraction devices; | |
| 8080 | + | 248.27 (9) books and videos on the use of alcoholic beverages; | |
| 8081 | + | 248.28 (10) magazines and other publications published primarily for information and education | |
| 8082 | + | 248.29on alcoholic beverages; | |
| 8083 | + | 248.30 (11) multiple-use bags designed to carry purchased items; | |
| 8084 | + | 248Article 6 Sec. 48. | |
| 8085 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 249.1 (12) devices designed to ensure safe storage and monitoring of alcohol in the home, to | |
| 8086 | + | 249.2prevent access by underage drinkers; | |
| 8087 | + | 249.3 (13) home brewing equipment; | |
| 8088 | + | 249.4 (14) clothing marked with the specific name, brand, or identifying logo of the exclusive | |
| 8089 | + | 249.5liquor store, and bearing no other name, brand, or identifying logo; | |
| 8090 | + | 249.6 (15) citrus fruit; and | |
| 8091 | + | 249.7 (16) glassware.; | |
| 8092 | + | 249.8 (17) lower-potency hemp edibles as defined in section 342.01, subdivision 48; and | |
| 8093 | + | 249.9 (18) products that detect the presence of fentanyl or a fentanyl analog. | |
| 8094 | + | 249.10 (b) An exclusive liquor store that has an on-sale, or combination on-sale and off-sale | |
| 8095 | + | 249.11license may sell food for on-premise consumption when authorized by the municipality | |
| 8096 | + | 249.12issuing the license. | |
| 8097 | + | 249.13 (c) An exclusive liquor store may offer live or recorded entertainment. | |
| 8098 | + | 249.14 EFFECTIVE DATE.This section is effective July 1, 2024. | |
| 8099 | + | 249.15Sec. 49. Minnesota Statutes 2022, section 484.014, subdivision 3, is amended to read: | |
| 8100 | + | 249.16 Subd. 3.Mandatory expungement.(a) The court shall order expungement of an eviction | |
| 8101 | + | 249.17case commenced solely on the grounds provided in section 504B.285, subdivision 1, clause | |
| 8102 | + | 249.18(1), if the court finds that the defendant occupied real property that was subject to contract | |
| 8103 | + | 249.19for deed cancellation or mortgage foreclosure and: | |
| 8104 | + | 249.20 (1) the time for contract cancellation or foreclosure redemption has expired and the | |
| 8105 | + | 249.21defendant vacated the property prior to commencement of the eviction action; or | |
| 8106 | + | 249.22 (2) the defendant was a tenant during the contract cancellation or foreclosure redemption | |
| 8107 | + | 249.23period and did not receive a notice under section 504B.285, subdivision 1a, 1b, or 1c, to | |
| 8108 | + | 249.24vacate on a date prior to commencement of the eviction case. | |
| 8109 | + | 249.25 (b) If a tenant brings a motion for the expungement of an eviction, the court shall order | |
| 8110 | + | 249.26the expungement of an eviction case that was commenced on the grounds of a violation of | |
| 8111 | + | 249.27section 504B.171 or any other claim of breach regardless of when the original eviction was | |
| 8112 | + | 249.28ordered, if the tenant could receive an automatic expungement under section 609A.05, or | |
| 8113 | + | 249.29if the breach was based solely on the possession of marijuana or tetrahydrocannabinols. | |
| 8114 | + | 249Article 6 Sec. 49. | |
| 8115 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 250.1Sec. 50. Minnesota Statutes 2022, section 504B.171, subdivision 1, is amended to read: | |
| 8116 | + | 250.2 Subdivision 1.Terms of covenant.(a) In every lease or license of residential premises, | |
| 8117 | + | 250.3whether in writing or parol, the landlord or licensor and the tenant or licensee covenant that: | |
| 8118 | + | 250.4 (1) neither will: | |
| 8119 | + | 250.5 (i) unlawfully allow controlled substances in those premises or in the common area and | |
| 8120 | + | 250.6curtilage of the premises in violation of any criminal provision of chapter 152; | |
| 8121 | + | 250.7 (ii) allow prostitution or prostitution-related activity as defined in section 617.80, | |
| 8122 | + | 250.8subdivision 4, to occur on the premises or in the common area and curtilage of the premises; | |
| 8123 | + | 250.9 (iii) allow the unlawful use or possession of a firearm in violation of section 609.66, | |
| 8124 | + | 250.10subdivision 1a, 609.67, or 624.713, on the premises or in the common area and curtilage of | |
| 8125 | + | 250.11the premises; or | |
| 8126 | + | 250.12 (iv) allow stolen property or property obtained by robbery in those premises or in the | |
| 8127 | + | 250.13common area and curtilage of the premises; and | |
| 8128 | + | 250.14 (2) the common area and curtilage of the premises will not be used by either the landlord | |
| 8129 | + | 250.15or licensor or the tenant or licensee or others acting under the control of either to manufacture, | |
| 8130 | + | 250.16sell, give away, barter, deliver, exchange, distribute, purchase, or possess a controlled | |
| 8131 | + | 250.17substance in violation of any criminal provision of chapter 152. The covenant is not violated | |
| 8132 | + | 250.18when a person other than the landlord or licensor or the tenant or licensee possesses or | |
| 8133 | + | 250.19allows controlled substances in the premises, common area, or curtilage, unless the landlord | |
| 8134 | + | 250.20or licensor or the tenant or licensee knew or had reason to know of that activity. | |
| 8135 | + | 250.21 (b) In every lease or license of residential premises, whether in writing or parol, the | |
| 8136 | + | 250.22tenant or licensee covenant that the tenant or licensee will not commit an act enumerated | |
| 8137 | + | 250.23under section 504B.206, subdivision 1, paragraph (a), against a tenant or licensee or any | |
| 8138 | + | 250.24authorized occupant. | |
| 8139 | + | 250.25 (c) A landlord cannot prohibit a tenant from legally possessing, and a tenant cannot | |
| 8140 | + | 250.26waive the right to legally possess, any cannabis products, lower-potency hemp edibles, or | |
| 8141 | + | 250.27hemp-derived consumer products, or using any cannabinoid product or hemp-derived | |
| 8142 | + | 250.28consumer product, other than consumption by combustion or vaporization of the product | |
| 8143 | + | 250.29and inhalation of smoke, aerosol, or vapor from the product. | |
| 8144 | + | 250Article 6 Sec. 50. | |
| 8145 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 251.1Sec. 51. [504B.1715] COVENANTS; SOBER HOMES. | |
| 8146 | + | 251.2 A sober housing program for people with substance use disorders may prohibit people | |
| 8147 | + | 251.3in the program from the possession and use of cannabis flower, cannabis products, | |
| 8148 | + | 251.4lower-potency hemp edibles, or hemp-derived consumer products. | |
| 8149 | + | 251.5Sec. 52. Minnesota Statutes 2022, section 609B.425, subdivision 2, is amended to read: | |
| 8150 | + | 251.6 Subd. 2.Benefit eligibility.(a) A person convicted of a drug offense after July 1, 1997, | |
| 8151 | + | 251.7except for convictions related to cannabis, marijuana, or tetrahydrocannabinols, is ineligible | |
| 8152 | + | 251.8for general assistance benefits and Supplemental Security Income under chapter 256D until: | |
| 8153 | + | 251.9 (1) five years after completing the terms of a court-ordered sentence; or | |
| 8154 | + | 251.10 (2) unless the person is participating in a drug treatment program, has successfully | |
| 8155 | + | 251.11completed a program, or has been determined not to be in need of a drug treatment program. | |
| 8156 | + | 251.12 (b) A person who becomes eligible for assistance under chapter 256D is subject to | |
| 8157 | + | 251.13random drug testing and shall lose eligibility for benefits for five years beginning the month | |
| 8158 | + | 251.14following: | |
| 8159 | + | 251.15 (1) any positive test for an illegal controlled substance under chapter 152; or | |
| 8160 | + | 251.16 (2) discharge of sentence for conviction of another drug felony. | |
| 8161 | + | 251.17 (c) Parole violators and fleeing felons are ineligible for benefits and persons fraudulently | |
| 8162 | + | 251.18misrepresenting eligibility are also ineligible to receive benefits for ten years. | |
| 8163 | + | 251.19Sec. 53. Minnesota Statutes 2022, section 609B.435, subdivision 2, is amended to read: | |
| 8164 | + | 251.20 Subd. 2.Drug offenders; random testing; sanctions.A person who is an applicant for | |
| 8165 | + | 251.21benefits from the Minnesota family investment program or MFIP, the vehicle for temporary | |
| 8166 | + | 251.22assistance for needy families or TANF, and who has been convicted of a drug offense, | |
| 8167 | + | 251.23except for convictions related to cannabis, marijuana, or tetrahydrocannabinols, shall be | |
| 8168 | + | 251.24subject to certain conditions, including random drug testing, in order to receive MFIP | |
| 8169 | + | 251.25benefits. Following any positive test for a controlled substance under chapter 152, the | |
| 8170 | + | 251.26convicted applicant or participant is subject to the following sanctions: | |
| 8171 | + | 251.27 (1) a first time drug test failure results in a reduction of benefits in an amount equal to | |
| 8172 | + | 251.2830 percent of the MFIP standard of need; and | |
| 8173 | + | 251.29 (2) a second time drug test failure results in permanent disqualification from receiving | |
| 8174 | + | 251.30MFIP assistance. | |
| 8175 | + | 251Article 6 Sec. 53. | |
| 8176 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 252.1A similar disqualification sequence occurs if the applicant is receiving Supplemental Nutrition | |
| 8177 | + | 252.2Assistance Program (SNAP) benefits. | |
| 8178 | + | 252.3Sec. 54. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 8179 | + | 252.4to read: | |
| 8180 | + | 252.5 Subd. 13.Adult-use cannabis flower."Adult-use cannabis flower" has the meaning | |
| 8181 | + | 252.6given in section 342.01, subdivision 3. | |
| 8182 | + | 252.7Sec. 55. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 8183 | + | 252.8to read: | |
| 8184 | + | 252.9 Subd. 14.Adult-use cannabinoid product."Adult-use cannabis product" has the | |
| 8185 | + | 252.10meaning given in section 342.01, subdivision 4. | |
| 8186 | + | 252.11Sec. 56. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 8187 | + | 252.12to read: | |
| 8188 | + | 252.13 Subd. 15.Medical cannabis flower."Medical cannabis flower" has the meaning given | |
| 8189 | + | 252.14in section 342.01, subdivision 52. | |
| 8190 | + | 252.15Sec. 57. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 8191 | + | 252.16to read: | |
| 8192 | + | 252.17 Subd. 16.Medical cannabinoid product."Medical cannabinoid product" has the | |
| 8193 | + | 252.18meaning given in section 342.01, subdivision 50. | |
| 8194 | + | 252.19Sec. 58. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 8195 | + | 252.20to read: | |
| 8196 | + | 252.21 Subd. 17.Patient."Patient" has the meaning given in section 342.01, subdivision 57. | |
| 8197 | + | 252.22Sec. 59. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 8198 | + | 252.23to read: | |
| 8199 | + | 252.24 Subd. 18.Qualifying medical condition."Qualifying medical condition" has the meaning | |
| 8200 | + | 252.25given in section 342.01, subdivision 59. | |
| 8201 | + | 252Article 6 Sec. 59. | |
| 8202 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 253.1Sec. 60. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 8203 | + | 253.2to read: | |
| 8204 | + | 253.3 Subd. 19.Registry or registry program."Registry" or "registry program" has the | |
| 8205 | + | 253.4meaning given in section 342.01, subdivision 61. | |
| 8206 | + | 253.5Sec. 61. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 8207 | + | 253.6to read: | |
| 8208 | + | 253.7 Subd. 20.Hemp-derived consumer product."Hemp-derived consumer product" has | |
| 8209 | + | 253.8the meaning given in section 342.01, subdivision 35. | |
| 8210 | + | 253.9Sec. 62. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 8211 | + | 253.10to read: | |
| 8212 | + | 253.11 Subd. 21.Lower-potency hemp edible."Lower-potency hemp edible" has the meaning | |
| 8213 | + | 253.12given in section 342.01, subdivision 48. | |
| 8214 | + | 253.13Sec. 63. Minnesota Statutes 2022, section 624.713, subdivision 1, is amended to read: | |
| 8215 | + | 253.14 Subdivision 1.Ineligible persons.The following persons shall not be entitled to possess | |
| 8216 | + | 253.15ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause | |
| 8217 | + | 253.16(1), any other firearm: | |
| 8218 | + | 253.17 (1) a person under the age of 18 years except that a person under 18 may possess | |
| 8219 | + | 253.18ammunition designed for use in a firearm that the person may lawfully possess and may | |
| 8220 | + | 253.19carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual | |
| 8221 | + | 253.20presence or under the direct supervision of the person's parent or guardian, (ii) for the | |
| 8222 | + | 253.21purpose of military drill under the auspices of a legally recognized military organization | |
| 8223 | + | 253.22and under competent supervision, (iii) for the purpose of instruction, competition, or target | |
| 8224 | + | 253.23practice on a firing range approved by the chief of police or county sheriff in whose | |
| 8225 | + | 253.24jurisdiction the range is located and under direct supervision; or (iv) if the person has | |
| 8226 | + | 253.25successfully completed a course designed to teach marksmanship and safety with a pistol | |
| 8227 | + | 253.26or semiautomatic military-style assault weapon and approved by the commissioner of natural | |
| 8228 | + | 253.27resources; | |
| 8229 | + | 253.28 (2) except as otherwise provided in clause (9), a person who has been convicted of, or | |
| 8230 | + | 253.29adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in | |
| 8231 | + | 253.30this state or elsewhere, a crime of violence. For purposes of this section, crime of violence | |
| 8232 | + | 253.31includes crimes in other states or jurisdictions which would have been crimes of violence | |
| 8233 | + | 253.32as herein defined if they had been committed in this state; | |
| 8234 | + | 253Article 6 Sec. 63. | |
| 8235 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 254.1 (3) a person who is or has ever been committed in Minnesota or elsewhere by a judicial | |
| 8236 | + | 254.2determination that the person is mentally ill, developmentally disabled, or mentally ill and | |
| 8237 | + | 254.3dangerous to the public, as defined in section 253B.02, to a treatment facility, or who has | |
| 8238 | + | 254.4ever been found incompetent to stand trial or not guilty by reason of mental illness, unless | |
| 8239 | + | 254.5the person's ability to possess a firearm and ammunition has been restored under subdivision | |
| 8240 | + | 254.64; | |
| 8241 | + | 254.7 (4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or | |
| 8242 | + | 254.8gross misdemeanor violation of chapter 152, unless three years have elapsed since the date | |
| 8243 | + | 254.9of conviction and, during that time, the person has not been convicted of any other such | |
| 8244 | + | 254.10violation of chapter 152 or a similar law of another state; or a person who is or has ever | |
| 8245 | + | 254.11been committed by a judicial determination for treatment for the habitual use of a controlled | |
| 8246 | + | 254.12substance or marijuana, as defined in sections 152.01 and 152.02, unless the person's ability | |
| 8247 | + | 254.13to possess a firearm and ammunition has been restored under subdivision 4; | |
| 8248 | + | 254.14 (5) a person who has been committed to a treatment facility in Minnesota or elsewhere | |
| 8249 | + | 254.15by a judicial determination that the person is chemically dependent as defined in section | |
| 8250 | + | 254.16253B.02, unless the person has completed treatment or the person's ability to possess a | |
| 8251 | + | 254.17firearm and ammunition has been restored under subdivision 4. Property rights may not be | |
| 8252 | + | 254.18abated but access may be restricted by the courts; | |
| 8253 | + | 254.19 (6) a peace officer who is informally admitted to a treatment facility pursuant to section | |
| 8254 | + | 254.20253B.04 for chemical dependency, unless the officer possesses a certificate from the head | |
| 8255 | + | 254.21of the treatment facility discharging or provisionally discharging the officer from the | |
| 8256 | + | 254.22treatment facility. Property rights may not be abated but access may be restricted by the | |
| 8257 | + | 254.23courts; | |
| 8258 | + | 254.24 (7) a person, including a person under the jurisdiction of the juvenile court, who has | |
| 8259 | + | 254.25been charged with committing a crime of violence and has been placed in a pretrial diversion | |
| 8260 | + | 254.26program by the court before disposition, until the person has completed the diversion program | |
| 8261 | + | 254.27and the charge of committing the crime of violence has been dismissed; | |
| 8262 | + | 254.28 (8) except as otherwise provided in clause (9), a person who has been convicted in | |
| 8263 | + | 254.29another state of committing an offense similar to the offense described in section 609.224, | |
| 8264 | + | 254.30subdivision 3, against a family or household member or section 609.2242, subdivision 3, | |
| 8265 | + | 254.31unless three years have elapsed since the date of conviction and, during that time, the person | |
| 8266 | + | 254.32has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242, | |
| 8267 | + | 254.33subdivision 3, or a similar law of another state; | |
| 8268 | + | 254Article 6 Sec. 63. | |
| 8269 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 255.1 (9) a person who has been convicted in this state or elsewhere of assaulting a family or | |
| 8270 | + | 255.2household member and who was found by the court to have used a firearm in any way | |
| 8271 | + | 255.3during commission of the assault is prohibited from possessing any type of firearm or | |
| 8272 | + | 255.4ammunition for the period determined by the sentencing court; | |
| 8273 | + | 255.5 (10) a person who: | |
| 8274 | + | 255.6 (i) has been convicted in any court of a crime punishable by imprisonment for a term | |
| 8275 | + | 255.7exceeding one year; | |
| 8276 | + | 255.8 (ii) is a fugitive from justice as a result of having fled from any state to avoid prosecution | |
| 8277 | + | 255.9for a crime or to avoid giving testimony in any criminal proceeding; | |
| 8278 | + | 255.10 (iii) is an unlawful user of any controlled substance as defined in chapter 152. The use | |
| 8279 | + | 255.11of medical cannabis flower or medical cannabinoid products by a patient enrolled in the | |
| 8280 | + | 255.12registry program or the use of adult-use cannabis flower, adult-use cannabis products, | |
| 8281 | + | 255.13lower-potency hemp edibles, or hemp-derived consumer products by a person 21 years of | |
| 8282 | + | 255.14age or older does not constitute the unlawful use of a controlled substance under this item; | |
| 8283 | + | 255.15 (iv) has been judicially committed to a treatment facility in Minnesota or elsewhere as | |
| 8284 | + | 255.16a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the | |
| 8285 | + | 255.17public, as defined in section 253B.02; | |
| 8286 | + | 255.18 (v) is an alien who is illegally or unlawfully in the United States; | |
| 8287 | + | 255.19 (vi) has been discharged from the armed forces of the United States under dishonorable | |
| 8288 | + | 255.20conditions; | |
| 8289 | + | 255.21 (vii) has renounced the person's citizenship having been a citizen of the United States; | |
| 8290 | + | 255.22or | |
| 8291 | + | 255.23 (viii) is disqualified from possessing a firearm under United States Code, title 18, section | |
| 8292 | + | 255.24922(g)(8) or (9), as amended through March 1, 2014; | |
| 8293 | + | 255.25 (11) a person who has been convicted of the following offenses at the gross misdemeanor | |
| 8294 | + | 255.26level, unless three years have elapsed since the date of conviction and, during that time, the | |
| 8295 | + | 255.27person has not been convicted of any other violation of these sections: section 609.229 | |
| 8296 | + | 255.28(crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated | |
| 8297 | + | 255.29by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child); | |
| 8298 | + | 255.30609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71 | |
| 8299 | + | 255.31(riot); or 609.749 (harassment or stalking). For purposes of this paragraph, the specified | |
| 8300 | + | 255.32gross misdemeanor convictions include crimes committed in other states or jurisdictions | |
| 8301 | + | 255.33which would have been gross misdemeanors if conviction occurred in this state; | |
| 8302 | + | 255Article 6 Sec. 63. | |
| 8303 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 256.1 (12) a person who has been convicted of a violation of section 609.224 if the court | |
| 8304 | + | 256.2determined that the assault was against a family or household member in accordance with | |
| 8305 | + | 256.3section 609.2242, subdivision 3 (domestic assault), unless three years have elapsed since | |
| 8306 | + | 256.4the date of conviction and, during that time, the person has not been convicted of another | |
| 8307 | + | 256.5violation of section 609.224 or a violation of a section listed in clause (11); or | |
| 8308 | + | 256.6 (13) a person who is subject to an order for protection as described in section 260C.201, | |
| 8309 | + | 256.7subdivision 3, paragraph (d), or 518B.01, subdivision 6, paragraph (g). | |
| 8310 | + | 256.8 A person who issues a certificate pursuant to this section in good faith is not liable for | |
| 8311 | + | 256.9damages resulting or arising from the actions or misconduct with a firearm or ammunition | |
| 8312 | + | 256.10committed by the individual who is the subject of the certificate. | |
| 8313 | + | 256.11 The prohibition in this subdivision relating to the possession of firearms other than | |
| 8314 | + | 256.12pistols and semiautomatic military-style assault weapons does not apply retroactively to | |
| 8315 | + | 256.13persons who are prohibited from possessing a pistol or semiautomatic military-style assault | |
| 8316 | + | 256.14weapon under this subdivision before August 1, 1994. | |
| 8317 | + | 256.15 The lifetime prohibition on possessing, receiving, shipping, or transporting firearms and | |
| 8318 | + | 256.16ammunition for persons convicted or adjudicated delinquent of a crime of violence in clause | |
| 8319 | + | 256.17(2), applies only to offenders who are discharged from sentence or court supervision for a | |
| 8320 | + | 256.18crime of violence on or after August 1, 1993. | |
| 8321 | + | 256.19 Participation as a patient in the registry program or use of adult-use cannabis flower, | |
| 8322 | + | 256.20adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 8323 | + | 256.21products by a person 21 years of age or older does not disqualify the person from possessing | |
| 8324 | + | 256.22firearms and ammunition under this section. | |
| 8325 | + | 256.23 For purposes of this section, "judicial determination" means a court proceeding pursuant | |
| 8326 | + | 256.24to sections 253B.07 to 253B.09 or a comparable law from another state. | |
| 8327 | + | 256.25Sec. 64. Minnesota Statutes 2022, section 624.714, subdivision 6, is amended to read: | |
| 8328 | + | 256.26 Subd. 6.Granting and denial of permits.(a) The sheriff must, within 30 days after the | |
| 8329 | + | 256.27date of receipt of the application packet described in subdivision 3: | |
| 8330 | + | 256.28 (1) issue the permit to carry; | |
| 8331 | + | 256.29 (2) deny the application for a permit to carry solely on the grounds that the applicant | |
| 8332 | + | 256.30failed to qualify under the criteria described in subdivision 2, paragraph (b); or | |
| 8333 | + | 256.31 (3) deny the application on the grounds that there exists a substantial likelihood that the | |
| 8334 | + | 256.32applicant is a danger to self or the public if authorized to carry a pistol under a permit. | |
| 8335 | + | 256Article 6 Sec. 64. | |
| 8336 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 257.1 (b) Failure of the sheriff to notify the applicant of the denial of the application within | |
| 8337 | + | 257.230 days after the date of receipt of the application packet constitutes issuance of the permit | |
| 8338 | + | 257.3to carry and the sheriff must promptly fulfill the requirements under paragraph (c). To deny | |
| 8339 | + | 257.4the application, the sheriff must provide the applicant with written notification and the | |
| 8340 | + | 257.5specific factual basis justifying the denial under paragraph (a), clause (2) or (3), including | |
| 8341 | + | 257.6the source of the factual basis. The sheriff must inform the applicant of the applicant's right | |
| 8342 | + | 257.7to submit, within 20 business days, any additional documentation relating to the propriety | |
| 8343 | + | 257.8of the denial. Upon receiving any additional documentation, the sheriff must reconsider the | |
| 8344 | + | 257.9denial and inform the applicant within 15 business days of the result of the reconsideration. | |
| 8345 | + | 257.10Any denial after reconsideration must be in the same form and substance as the original | |
| 8346 | + | 257.11denial and must specifically address any continued deficiencies in light of the additional | |
| 8347 | + | 257.12documentation submitted by the applicant. The applicant must be informed of the right to | |
| 8348 | + | 257.13seek de novo review of the denial as provided in subdivision 12. | |
| 8349 | + | 257.14 (c) Upon issuing a permit to carry, the sheriff must provide a laminated permit card to | |
| 8350 | + | 257.15the applicant by first class mail unless personal delivery has been made. Within five business | |
| 8351 | + | 257.16days, the sheriff must submit the information specified in subdivision 7, paragraph (a), to | |
| 8352 | + | 257.17the commissioner for inclusion solely in the database required under subdivision 15, | |
| 8353 | + | 257.18paragraph (a). The sheriff must transmit the information in a manner and format prescribed | |
| 8354 | + | 257.19by the commissioner. | |
| 8355 | + | 257.20 (d) Within five business days of learning that a permit to carry has been suspended or | |
| 8356 | + | 257.21revoked, the sheriff must submit information to the commissioner regarding the suspension | |
| 8357 | + | 257.22or revocation for inclusion solely in the databases required or permitted under subdivision | |
| 8358 | + | 257.2315. | |
| 8359 | + | 257.24 (e) Notwithstanding paragraphs (a) and (b), the sheriff may suspend the application | |
| 8360 | + | 257.25process if a charge is pending against the applicant that, if resulting in conviction, will | |
| 8361 | + | 257.26prohibit the applicant from possessing a firearm. | |
| 8362 | + | 257.27 (f) A sheriff shall not deny an application for a permit to carry solely because the applicant | |
| 8363 | + | 257.28is a patient enrolled in the registry program and uses medical cannabis flower or medical | |
| 8364 | + | 257.29cannabinoid products for a qualifying medical condition or because the person is 21 years | |
| 8365 | + | 257.30of age or older and uses adult-use cannabis flower, adult-use cannabis products, | |
| 8366 | + | 257.31lower-potency hemp edibles, or hemp-derived consumer products. | |
| 8367 | + | 257.32Sec. 65. Minnesota Statutes 2022, section 624.7142, subdivision 1, is amended to read: | |
| 8368 | + | 257.33 Subdivision 1.Acts prohibited.A person may not carry a pistol on or about the person's | |
| 8369 | + | 257.34clothes or person in a public place: | |
| 8370 | + | 257Article 6 Sec. 65. | |
| 8371 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 258.1 (1) when the person is under the influence of a controlled substance, as defined in section | |
| 8372 | + | 258.2152.01, subdivision 4; | |
| 8373 | + | 258.3 (2) when the person is under the influence of a combination of any two or more of the | |
| 8374 | + | 258.4elements named in clauses (1) and (4); | |
| 8375 | + | 258.5 (3) when the person is under the influence of an intoxicating substance as defined in | |
| 8376 | + | 258.6section 169A.03, subdivision 11a, and the person knows or has reason to know that the | |
| 8377 | + | 258.7substance has the capacity to cause impairment; | |
| 8378 | + | 258.8 (4) when the person is under the influence of alcohol; | |
| 8379 | + | 258.9 (5) when the person's alcohol concentration is 0.10 or more; or | |
| 8380 | + | 258.10 (6) when the person's alcohol concentration is less than 0.10, but more than 0.04.; or | |
| 8381 | + | 258.11 (7) when the person is enrolled as a patient in the registry program, uses medical cannabis | |
| 8382 | + | 258.12flower or medical cannabinoid products, and knows or has reason to know that the medical | |
| 8383 | + | 258.13cannabis flower or medical cannabinoid products used by the person has the capacity to | |
| 8384 | + | 258.14cause impairment. | |
| 8385 | + | 258.15Sec. 66. Minnesota Statutes 2022, section 624.7151, is amended to read: | |
| 8386 | + | 258.16 624.7151 STANDARDIZED FORMS. | |
| 8387 | + | 258.17 By December 1, 1992, the commissioner shall adopt statewide standards governing the | |
| 8388 | + | 258.18form and contents, as required by sections 624.7131 to 624.714, of every application for a | |
| 8389 | + | 258.19pistol transferee permit, pistol transferee permit, report of transfer of a pistol, application | |
| 8390 | + | 258.20for a permit to carry a pistol, and permit to carry a pistol that is granted or renewed on or | |
| 8391 | + | 258.21after January 1, 1993. | |
| 8392 | + | 258.22 Every application for a pistol transferee permit, pistol transferee permit, report of transfer | |
| 8393 | + | 258.23of a pistol, application for a permit to carry a pistol, and permit to carry a pistol that is | |
| 8394 | + | 258.24received, granted, or renewed by a police chief or county sheriff on or after January 1, 1993, | |
| 8395 | + | 258.25must meet the statewide standards adopted by the commissioner. Notwithstanding the | |
| 8396 | + | 258.26previous sentence, neither failure of the Department of Public Safety to adopt standards nor | |
| 8397 | + | 258.27failure of the police chief or county sheriff to meet them shall delay the timely processing | |
| 8398 | + | 258.28of applications nor invalidate permits issued on other forms meeting the requirements of | |
| 8399 | + | 258.29sections 624.7131 to 624.714. | |
| 8400 | + | 258.30 Any form used for the purpose of approving or disapproving a person from purchasing, | |
| 8401 | + | 258.31owning, possessing, or carrying a firearm that inquires about the applicant's use of controlled | |
| 8402 | + | 258.32substances shall specifically authorize a patient in the registry program to refrain from | |
| 8403 | + | 258Article 6 Sec. 66. | |
| 8404 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 259.1reporting the use of medical cannabis flower and medical cannabinoid products and shall | |
| 8405 | + | 259.2specifically authorize a person 21 years of age or older from refraining from reporting the | |
| 8406 | + | 259.3use of adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, | |
| 8407 | + | 259.4or hemp-derived consumer products. | |
| 8408 | + | 259.5Sec. 67. [624.7152] LAWFUL CANNABIS USERS. | |
| 8409 | + | 259.6 (a) A person may not be denied the right to purchase, own, possess, or carry a firearm | |
| 8410 | + | 259.7solely on the basis that the person is a patient in the registry program. | |
| 8411 | + | 259.8 (b) A person may not be denied the right to purchase, own, possess, or carry a firearm | |
| 8412 | + | 259.9solely on the basis that the person is 21 years of age or older and uses adult-use cannabis | |
| 8413 | + | 259.10flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 8414 | + | 259.11products. | |
| 8415 | + | 259.12 (c) A state or local agency may not access a database containing the identities of patients | |
| 8416 | + | 259.13in the registry program to obtain information for the purpose of approving or disapproving | |
| 8417 | + | 259.14a person from purchasing, owning, possessing, or carrying a firearm. | |
| 8418 | + | 259.15 (d) A state or local agency may not use information gathered from a database containing | |
| 8419 | + | 259.16the identities of patients in the registry program to obtain information for the purpose of | |
| 8420 | + | 259.17approving or disapproving a person from purchasing, owning, possessing, or carrying a | |
| 8421 | + | 259.18firearm. | |
| 8422 | + | 259.19 (e) A state or local agency may not inquire about a person's status as a patient in the | |
| 8423 | + | 259.20registry program for the purpose of approving or disapproving the person from purchasing, | |
| 8424 | + | 259.21owning, possessing, or carrying a firearm. | |
| 8425 | + | 259.22 (f) A state or local agency may not inquire about the use of adult-use cannabis flower, | |
| 8426 | + | 259.23adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 8427 | + | 259.24products by a person 21 years of age or older for the purpose of approving or disapproving | |
| 8428 | + | 259.25the person from purchasing, owning, possessing, or carrying a firearm. | |
| 8429 | + | 259.26Sec. 68. REPEALER. | |
| 8430 | + | 259.27 (a) Minnesota Statutes 2022, sections 152.22, subdivisions 1, 2, 3, 4, 5, 5a, 5b, 6, 7, 8, | |
| 8431 | + | 259.289, 10, 11, 12, 13, and 14; 152.23; 152.24; 152.25, subdivisions 1, 1a, 1b, 1c, 2, 3, and 4; | |
| 8432 | + | 259.29152.26; 152.261; 152.27, subdivisions 1, 2, 3, 4, 5, 6, and 7; 152.28, subdivisions 1, 2, and | |
| 8433 | + | 259.303; 152.29, subdivisions 1, 2, 3, 3a, and 4; 152.30; 152.31; 152.32, subdivisions 1, 2, and 3; | |
| 8434 | + | 259.31152.33, subdivisions 1, 1a, 2, 3, 4, 5, and 6; 152.34; 152.35; 152.36, subdivisions 1, 1a, 2, | |
| 8435 | + | 259.323, 4, and 5; and 152.37, are repealed. | |
| 8436 | + | 259Article 6 Sec. 68. | |
| 8437 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 260.1 (b) Minnesota Statutes 2022, section 152.027, subdivisions 3 and 4, are repealed. | |
| 8438 | + | 260.2 (c) Minnesota Statutes 2022, section 152.21, is repealed. | |
| 8439 | + | 260.3 EFFECTIVE DATE.Paragraph (a) is effective January 1, 2024. Paragraph (b) is | |
| 8440 | + | 260.4effective August 1, 2023. Paragraph (c) is effective July 1, 2023. | |
| 8441 | + | 260.5 ARTICLE 7 | |
| 8442 | + | 260.6 TEMPORARY REGULATION OF CERTAIN PRODUCTS | |
| 8443 | + | 260.7Section 1. Minnesota Statutes 2022, section 34A.01, subdivision 4, is amended to read: | |
| 8444 | + | 260.8 Subd. 4.Food."Food" means every ingredient used for, entering into the consumption | |
| 8445 | + | 260.9of, or used or intended for use in the preparation of food, drink, confectionery, or condiment | |
| 8446 | + | 260.10for humans or other animals, whether simple, mixed, or compound; and articles used as | |
| 8447 | + | 260.11components of these ingredients, except that edible cannabinoid products, as defined in | |
| 8448 | + | 260.12section 151.72, subdivision 1, paragraph (c) (f), are not food. | |
| 8449 | + | 260.13 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 8450 | + | 260.14Sec. 2. Minnesota Statutes 2022, section 151.72, is amended to read: | |
| 8451 | + | 260.15 151.72 SALE OF CERTAIN CANNABINOID PRODUCTS. | |
| 8452 | + | 260.16 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have | |
| 8453 | + | 260.17the meanings given. | |
| 8454 | + | 260.18 (a) "Artificially derived cannabinoid" means a cannabinoid extracted from a hemp plant | |
| 8455 | + | 260.19or hemp plant parts whose chemical makeup is changed after extraction to create a different | |
| 8456 | + | 260.20cannabinoid or other chemical compound by applying a catalyst other than heat or light. | |
| 8457 | + | 260.21Artificially derived cannabinoid includes but is not limited to any tetrahydrocannabinol | |
| 8458 | + | 260.22created from cannabidiol. | |
| 8459 | + | 260.23 (b) "Batch" means a specific quantity of a specific product containing cannabinoids | |
| 8460 | + | 260.24derived from hemp, including an edible cannabinoid product, that is manufactured at the | |
| 8461 | + | 260.25same time and using the same methods, equipment, and ingredients that is uniform and | |
| 8462 | + | 260.26intended to meet specifications for identity, strength, purity, and composition, and that is | |
| 8463 | + | 260.27manufactured, packaged, and labeled according to a single batch production record executed | |
| 8464 | + | 260.28and documented during the same cycle of manufacture and produced by a continuous | |
| 8465 | + | 260.29process. | |
| 8466 | + | 260.30 (b) (c) "Certified hemp" means hemp plants that have been tested and found to meet the | |
| 8467 | + | 260.31requirements of chapter 18K and the rules adopted thereunder. | |
| 8468 | + | 260Article 7 Sec. 2. | |
| 8469 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 261.1 (d) "Commissioner" means the commissioner of health. | |
| 8470 | + | 261.2 (e) "Distributor" means a person who sells, arranges a sale, or delivers a product | |
| 8471 | + | 261.3containing cannabinoids derived from hemp, including an edible cannabinoid product, that | |
| 8472 | + | 261.4the person did not manufacture to a retail establishment for sale to consumers. Distributor | |
| 8473 | + | 261.5does not include a common carrier used only to complete delivery to a retailer. | |
| 8474 | + | 261.6 (c) (f) "Edible cannabinoid product" means any product that is intended to be eaten or | |
| 8475 | + | 261.7consumed as a beverage by humans, contains a cannabinoid in combination with food | |
| 8476 | + | 261.8ingredients, and is not a drug. | |
| 8477 | + | 261.9 (d) (g) "Hemp" has the meaning given to "industrial hemp" in section 18K.02, subdivision | |
| 8478 | + | 261.103. | |
| 8479 | + | 261.11 (e) (h) "Label" has the meaning given in section 151.01, subdivision 18. | |
| 8480 | + | 261.12 (f) (i) "Labeling" means all labels and other written, printed, or graphic matter that are: | |
| 8481 | + | 261.13 (1) affixed to the immediate container in which a product regulated under this section | |
| 8482 | + | 261.14is sold; | |
| 8483 | + | 261.15 (2) provided, in any manner, with the immediate container, including but not limited to | |
| 8484 | + | 261.16outer containers, wrappers, package inserts, brochures, or pamphlets; or | |
| 8485 | + | 261.17 (3) provided on that portion of a manufacturer's website that is linked by a scannable | |
| 8486 | + | 261.18barcode or matrix barcode. | |
| 8487 | + | 261.19 (g) (j) "Matrix barcode" means a code that stores data in a two-dimensional array of | |
| 8488 | + | 261.20geometrically shaped dark and light cells capable of being read by the camera on a | |
| 8489 | + | 261.21smartphone or other mobile device. | |
| 8490 | + | 261.22 (h) (k) "Nonintoxicating cannabinoid" means substances extracted from certified hemp | |
| 8491 | + | 261.23plants that do not produce intoxicating effects when consumed by any route of administration. | |
| 8492 | + | 261.24 (l) "Synthetic cannabinoid" means a substance with a similar chemical structure and | |
| 8493 | + | 261.25pharmacological activity to a cannabinoid, but which is not extracted or derived from hemp | |
| 8494 | + | 261.26plants, or hemp plant parts and is instead created or produced by chemical or biochemical | |
| 8495 | + | 261.27synthesis. | |
| 8496 | + | 261.28 Subd. 2.Scope.(a) This section applies to the sale of any product that contains | |
| 8497 | + | 261.29cannabinoids extracted from hemp and that is an edible cannabinoid product or is intended | |
| 8498 | + | 261.30for human or animal consumption by any route of administration. | |
| 8499 | + | 261.31 (b) This section does not apply to any product dispensed by a registered medical cannabis | |
| 8500 | + | 261.32manufacturer pursuant to sections 152.22 to 152.37. | |
| 8501 | + | 261Article 7 Sec. 2. | |
| 8502 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 262.1 (c) The board commissioner must have no authority over food products, as defined in | |
| 8503 | + | 262.2section 34A.01, subdivision 4, that do not contain cannabinoids extracted or derived from | |
| 8504 | + | 262.3hemp. | |
| 8505 | + | 262.4 Subd. 3.Sale of cannabinoids derived from hemp.(a) Notwithstanding any other | |
| 8506 | + | 262.5section of this chapter, a product containing nonintoxicating cannabinoids, including an | |
| 8507 | + | 262.6edible cannabinoid product, may be sold for human or animal consumption only if all of | |
| 8508 | + | 262.7the requirements of this section are met, provided that a product sold for human or animal | |
| 8509 | + | 262.8consumption does not contain more than 0.3 percent of any tetrahydrocannabinol and an | |
| 8510 | + | 262.9edible cannabinoid product does not contain an amount of any tetrahydrocannabinol that | |
| 8511 | + | 262.10exceeds the limits established in subdivision 5a, paragraph (f). | |
| 8512 | + | 262.11 (b) No other substance extracted or otherwise derived from hemp may be sold for human | |
| 8513 | + | 262.12consumption if the substance is intended: | |
| 8514 | + | 262.13 (1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention | |
| 8515 | + | 262.14of disease in humans or other animals; or | |
| 8516 | + | 262.15 (2) to affect the structure or any function of the bodies of humans or other animals. | |
| 8517 | + | 262.16 (c) No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise | |
| 8518 | + | 262.17derived from hemp may be sold to any individual who is under the age of 21. | |
| 8519 | + | 262.18 (d) Products that meet the requirements of this section are not controlled substances | |
| 8520 | + | 262.19under section 152.02. | |
| 8521 | + | 262.20 Subd. 4.Testing requirements.(a) A manufacturer of a product regulated under this | |
| 8522 | + | 262.21section must submit representative samples of each batch of the product to an independent, | |
| 8523 | + | 262.22accredited laboratory in order to certify that the product complies with the standards adopted | |
| 8524 | + | 262.23by the board on or before July 1, 2023, or the standards adopted by the commissioner. | |
| 8525 | + | 262.24Testing must be consistent with generally accepted industry standards for herbal and botanical | |
| 8526 | + | 262.25substances, and, at a minimum, the testing must confirm that the product: | |
| 8527 | + | 262.26 (1) contains the amount or percentage of cannabinoids that is stated on the label of the | |
| 8528 | + | 262.27product; | |
| 8529 | + | 262.28 (2) does not contain more than trace amounts of any mold, residual solvents or other | |
| 8530 | + | 262.29catalysts, pesticides, fertilizers, or heavy metals; and | |
| 8531 | + | 262.30 (3) does not contain more than 0.3 percent of any tetrahydrocannabinol. | |
| 8532 | + | 262.31 (b) A manufacturer of a product regulated under this section must disclose all known | |
| 8533 | + | 262.32information regarding pesticides, fertilizers, solvents, or other foreign materials applied to | |
| 8534 | + | 262Article 7 Sec. 2. | |
| 8535 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 263.1industrial hemp or added to industrial hemp during any production or processing stages of | |
| 8536 | + | 263.2any batch from which a representative sample has been sent for testing, including any | |
| 8537 | + | 263.3catalysts used to create artificially derived cannabinoids. Disclosure must be made to the | |
| 8538 | + | 263.4laboratory performing testing or sampling and, upon request, to the commissioner. Disclosure | |
| 8539 | + | 263.5must include all information known to the licensee regardless of whether the application or | |
| 8540 | + | 263.6addition was made intentionally or accidentally, or by the manufacturer or any other person. | |
| 8541 | + | 263.7 (b) (c) Upon the request of the board commissioner, the manufacturer of the product | |
| 8542 | + | 263.8must provide the board commissioner with the results of the testing required in this section. | |
| 8543 | + | 263.9 (d) The commissioner may determine that any testing laboratory that does not operate | |
| 8544 | + | 263.10formal management systems under the International Organization for Standardization is not | |
| 8545 | + | 263.11an accredited laboratory and require that a representative sample of a batch of the product | |
| 8546 | + | 263.12be retested by a testing laboratory that meets this requirement. | |
| 8547 | + | 263.13 (c) (e) Testing of the hemp from which the nonintoxicating cannabinoid was derived, | |
| 8548 | + | 263.14or possession of a certificate of analysis for such hemp, does not meet the testing requirements | |
| 8549 | + | 263.15of this section. | |
| 8550 | + | 263.16 Subd. 5.Labeling requirements.(a) A product regulated under this section must bear | |
| 8551 | + | 263.17a label that contains, at a minimum: | |
| 8552 | + | 263.18 (1) the name, location, contact phone number, and website of the manufacturer of the | |
| 8553 | + | 263.19product; | |
| 8554 | + | 263.20 (2) the name and address of the independent, accredited laboratory used by the | |
| 8555 | + | 263.21manufacturer to test the product; and | |
| 8556 | + | 263.22 (3) the batch number; and | |
| 8557 | + | 263.23 (3) (4) an accurate statement of the amount or percentage of cannabinoids found in each | |
| 8558 | + | 263.24unit of the product meant to be consumed. | |
| 8559 | + | 263.25 (b) The information in paragraph (a) may be provided on an outer package if the | |
| 8560 | + | 263.26immediate container that holds the product is too small to contain all of the information. | |
| 8561 | + | 263.27 (c) The information required in paragraph (a) may be provided through the use of a | |
| 8562 | + | 263.28scannable barcode or matrix barcode that links to a page on the manufacturer's website if | |
| 8563 | + | 263.29that page contains all of the information required by this subdivision. | |
| 8564 | + | 263.30 (d) The label must also include a statement stating that the product does not claim to | |
| 8565 | + | 263.31diagnose, treat, cure, or prevent any disease and has not been evaluated or approved by the | |
| 8566 | + | 263.32United States Food and Drug Administration (FDA) unless the product has been so approved. | |
| 8567 | + | 263Article 7 Sec. 2. | |
| 8568 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 264.1 (e) The information required by this subdivision must be prominently and conspicuously | |
| 8569 | + | 264.2placed on the label or displayed on the website in terms that can be easily read and understood | |
| 8570 | + | 264.3by the consumer. | |
| 8571 | + | 264.4 (f) The labeling must not contain any claim that the product may be used or is effective | |
| 8572 | + | 264.5for the prevention, treatment, or cure of a disease or that it may be used to alter the structure | |
| 8573 | + | 264.6or function of human or animal bodies, unless the claim has been approved by the FDA. | |
| 8574 | + | 264.7 Subd. 5a.Additional requirements for edible cannabinoid products.(a) In addition | |
| 8575 | + | 264.8to the testing and labeling requirements under subdivisions 4 and 5, an edible cannabinoid | |
| 8576 | + | 264.9must meet the requirements of this subdivision. | |
| 8577 | + | 264.10 (b) An edible cannabinoid product must not: | |
| 8578 | + | 264.11 (1) bear the likeness or contain cartoon-like characteristics of a real or fictional person, | |
| 8579 | + | 264.12animal, or fruit that appeals to children; | |
| 8580 | + | 264.13 (2) be modeled after a brand of products primarily consumed by or marketed to children; | |
| 8581 | + | 264.14 (3) be made by applying an extracted or concentrated hemp-derived cannabinoid to a | |
| 8582 | + | 264.15commercially available candy or snack food item; | |
| 8583 | + | 264.16 (4) contain an ingredient, other than a hemp-derived cannabinoid, that is not approved | |
| 8584 | + | 264.17by the United States Food and Drug Administration for use in food; | |
| 8585 | + | 264.18 (5) be packaged in a way that resembles the trademarked, characteristic, or | |
| 8586 | + | 264.19product-specialized packaging of any commercially available food product; or | |
| 8587 | + | 264.20 (6) be packaged in a container that includes a statement, artwork, or design that could | |
| 8588 | + | 264.21reasonably mislead any person to believe that the package contains anything other than an | |
| 8589 | + | 264.22edible cannabinoid product. | |
| 8590 | + | 264.23 (c) An edible cannabinoid product must be prepackaged in packaging or a container that | |
| 8591 | + | 264.24is child-resistant, tamper-evident, and opaque or placed in packaging or a container that is | |
| 8592 | + | 264.25child-resistant, tamper-evident, and opaque at the final point of sale to a customer. The | |
| 8593 | + | 264.26requirement that packaging be child-resistant does not apply to an edible cannabinoid product | |
| 8594 | + | 264.27that is intended to be consumed as a beverage and which contains no more than a trace | |
| 8595 | + | 264.28amount of any tetrahydrocannabinol total of 0.25 milligrams of all tetrahydrocannabinols. | |
| 8596 | + | 264.29 (d) If an edible cannabinoid product is intended for more than a single use or contains | |
| 8597 | + | 264.30multiple servings, each serving must be indicated by scoring, wrapping, or other indicators | |
| 8598 | + | 264.31designating the individual serving size that appear on the edible cannabinoid product. | |
| 8599 | + | 264Article 7 Sec. 2. | |
| 8600 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 265.1 (e) A label containing at least the following information must be affixed to the packaging | |
| 8601 | + | 265.2or container of all edible cannabinoid products sold to consumers: | |
| 8602 | + | 265.3 (1) the serving size; | |
| 8603 | + | 265.4 (2) the cannabinoid profile per serving and in total; | |
| 8604 | + | 265.5 (3) a list of ingredients, including identification of any major food allergens declared | |
| 8605 | + | 265.6by name; and | |
| 8606 | + | 265.7 (4) the following statement: "Keep this product out of reach of children." | |
| 8607 | + | 265.8 (f) An edible cannabinoid product must not contain more than five milligrams of any | |
| 8608 | + | 265.9tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any | |
| 8609 | + | 265.10tetrahydrocannabinol per package. | |
| 8610 | + | 265.11 (g) An edible cannabinoid product may contain delta-8 tetrahydrocannabinol or delta-9 | |
| 8611 | + | 265.12tetrahydrocannabinol that is extracted from hemp plants or hemp plant parts or is an | |
| 8612 | + | 265.13artificially derived cannabinoid. Edible cannabinoid products are prohibited from containing | |
| 8613 | + | 265.14any other artificially derived cannabinoid, including but not limited to THC-P, THC-O, and | |
| 8614 | + | 265.15HHC, unless the commissioner authorizes use of the artificially derived cannabinoid in | |
| 8615 | + | 265.16edible cannabinoid products. Edible cannabinoid products are prohibited from containing | |
| 8616 | + | 265.17synthetic cannabinoids. | |
| 8617 | + | 265.18 Subd. 5b.Registration; prohibitions.(a) On or before October 1, 2023, every person | |
| 8618 | + | 265.19selling edible cannabinoid products to consumers must apply for registration with the | |
| 8619 | + | 265.20commissioner in a form and manner established by the commissioner. After October 1, | |
| 8620 | + | 265.212023, the sale of edible cannabinoid products by a person that is not registered is prohibited. | |
| 8621 | + | 265.22 (b) The commissioner shall approve completed registration applications unless the | |
| 8622 | + | 265.23applicant is operating in violation of this section or the commissioner reasonably believes | |
| 8623 | + | 265.24that the applicant will operate in violation of this section. | |
| 8624 | + | 265.25 (c) The commissioner shall not charge a fee for registration under this subdivision. | |
| 8625 | + | 265.26 (d) A registered retailer shall not: | |
| 8626 | + | 265.27 (1) permit the on-site consumption of edible cannabinoid products; or | |
| 8627 | + | 265.28 (2) provide free samples of edible cannabinoid products, except that a retailer may | |
| 8628 | + | 265.29provide a single package of an edible cannabinoid product with the purchase of a childproof | |
| 8629 | + | 265.30packaging container or other device designed to ensure the safe storage and monitoring of | |
| 8630 | + | 265.31edible cannabinoid products in the home to prevent access by individuals under 21 years | |
| 8631 | + | 265.32of age. | |
| 8632 | + | 265Article 7 Sec. 2. | |
| 8633 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 266.1 Subd. 5c.Age verification.(a) Prior to initiating a sale of an edible cannabinoid product, | |
| 8634 | + | 266.2an employee of a retailer must verify that the customer is at least 21 years of age. | |
| 8635 | + | 266.3 (b) Proof of age may be established only by one of the following: | |
| 8636 | + | 266.4 (1) a valid driver's license or identification card issued by Minnesota, another state, or | |
| 8637 | + | 266.5a province of Canada and including the photograph and date of birth of the licensed person; | |
| 8638 | + | 266.6 (2) a valid Tribal identification card as defined in section 171.072, paragraph (b); | |
| 8639 | + | 266.7 (3) a valid passport issued by the United States; | |
| 8640 | + | 266.8 (4) a valid instructional permit issued under section 171.05 to a person of legal age to | |
| 8641 | + | 266.9purchase edible cannabinoid products, which includes a photograph and the date of birth | |
| 8642 | + | 266.10of the person issued the permit; or | |
| 8643 | + | 266.11 (5) in the case of a foreign national, by a valid passport. | |
| 8644 | + | 266.12 (c) A registered retailer may seize a form of identification listed under paragraph (b) if | |
| 8645 | + | 266.13the registered retailer has reasonable grounds to believe that the form of identification has | |
| 8646 | + | 266.14been altered or falsified or is being used to violate any law. A registered retailer that seizes | |
| 8647 | + | 266.15a form of identification as authorized under this paragraph must deliver it to a law | |
| 8648 | + | 266.16enforcement agency within 24 hours of seizing it. | |
| 8649 | + | 266.17 Subd. 6.Noncompliant products; enforcement.(a) A product regulated under this | |
| 8650 | + | 266.18section, including an edible cannabinoid product, shall be considered an adulterated drug | |
| 8651 | + | 266.19a noncompliant product if the product is offered for sale in this state or if the product is | |
| 8652 | + | 266.20manufactured, imported, distributed, or stored with the intent to be offered for sale in this | |
| 8653 | + | 266.21state in violation of any provision of this section, including but not limited to if: | |
| 8654 | + | 266.22 (1) it consists, in whole or in part, of any filthy, putrid, or decomposed substance; | |
| 8655 | + | 266.23 (2) it has been produced, prepared, packed, or held under unsanitary conditions where | |
| 8656 | + | 266.24it may have been rendered injurious to health, or where it may have been contaminated with | |
| 8657 | + | 266.25filth; | |
| 8658 | + | 266.26 (3) its container is composed, in whole or in part, of any poisonous or deleterious | |
| 8659 | + | 266.27substance that may render the contents injurious to health; | |
| 8660 | + | 266.28 (4) it contains any food additives, color additives, or excipients that have been found by | |
| 8661 | + | 266.29the FDA to be unsafe for human or animal consumption; | |
| 8662 | + | 266.30 (5) it contains an amount or percentage of nonintoxicating cannabinoids that is different | |
| 8663 | + | 266.31than the amount or percentage stated on the label; | |
| 8664 | + | 266Article 7 Sec. 2. | |
| 8665 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 267.1 (6) it contains more than 0.3 percent of any tetrahydrocannabinol or, if the product is | |
| 8666 | + | 267.2an edible cannabinoid product, an amount of tetrahydrocannabinol that exceeds the limits | |
| 8667 | + | 267.3established in subdivision 5a, paragraph (f); or | |
| 8668 | + | 267.4 (7) it contains more than trace amounts of mold, residual solvents, pesticides, fertilizers, | |
| 8669 | + | 267.5or heavy metals. | |
| 8670 | + | 267.6 (b) A product regulated under this section shall be considered a misbranded drug | |
| 8671 | + | 267.7noncompliant product if the product's labeling is false or misleading in any manner or in | |
| 8672 | + | 267.8violation of the requirements of this section. | |
| 8673 | + | 267.9 (c) The board's authority to issue cease and desist orders under section 151.06; to embargo | |
| 8674 | + | 267.10adulterated and misbranded drugs under section 151.38; and to seek injunctive relief under | |
| 8675 | + | 267.11section 214.11, extends to any commissioner may assume that any product regulated under | |
| 8676 | + | 267.12this section that is present in the state, other than a product lawfully possessed for personal | |
| 8677 | + | 267.13use, has been manufactured, imported, distributed, or stored with the intent to be offered | |
| 8678 | + | 267.14for sale in this state if a product of the same type and brand was sold in the state on or after | |
| 8679 | + | 267.15July 1, 2023, or if the product is in the possession of a person who has sold any product in | |
| 8680 | + | 267.16violation of this section. | |
| 8681 | + | 267.17 (d) The commissioner may enforce this section, including enforcement against a | |
| 8682 | + | 267.18manufacturer or distributor of a product regulated under this section, under sections 144.989 | |
| 8683 | + | 267.19to 144.993. | |
| 8684 | + | 267.20 (e) The commissioner may enter into an interagency agreement with the Office of | |
| 8685 | + | 267.21Cannabis Management to perform inspections and take other enforcement actions on behalf | |
| 8686 | + | 267.22of the commissioner. | |
| 8687 | + | 267.23 Subd. 7.Violations; criminal penalties.(a) Notwithstanding section 144.99, subdivision | |
| 8688 | + | 267.2411, a person who does any of the following regarding a product regulated under this section | |
| 8689 | + | 267.25is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than | |
| 8690 | + | 267.26one year or to payment of a fine of not more than $3,000, or both: | |
| 8691 | + | 267.27 (1) knowingly alters or otherwise falsifies testing results; | |
| 8692 | + | 267.28 (2) intentionally alters or falsifies any information required to be included on the label | |
| 8693 | + | 267.29of an edible cannabinoid product; or | |
| 8694 | + | 267.30 (3) intentionally makes a false material statement to the commissioner. | |
| 8695 | + | 267.31 (b) Notwithstanding section 144.99, subdivision 11, a person who does any of the | |
| 8696 | + | 267.32following on the premises of a registered retailer or another business that sells retail goods | |
| 8697 | + | 267Article 7 Sec. 2. | |
| 8698 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 268.1to customers is guilty of a gross misdemeanor and may be sentenced to imprisonment for | |
| 8699 | + | 268.2not more than one year or to payment of a fine of not more than $3,000, or both: | |
| 8700 | + | 268.3 (1) sells an edible cannabinoid product knowing that the product does not comply with | |
| 8701 | + | 268.4the limits on the amount or types of cannabinoids that a product may contain; | |
| 8702 | + | 268.5 (2) sells an edible cannabinoid product knowing that the product does not comply with | |
| 8703 | + | 268.6the applicable testing, packaging, or labeling requirements; or | |
| 8704 | + | 268.7 (3) sells an edible cannabinoid product to a person under the age of 21, except that it is | |
| 8705 | + | 268.8an affirmative defense to a charge under this clause if the defendant proves by a | |
| 8706 | + | 268.9preponderance of the evidence that the defendant reasonably and in good faith relied on | |
| 8707 | + | 268.10proof of age as described in subdivision 5c. | |
| 8708 | + | 268.11 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 8709 | + | 268.12Sec. 3. Minnesota Statutes 2022, section 340A.412, subdivision 14, is amended to read: | |
| 8710 | + | 268.13 Subd. 14.Exclusive liquor stores.(a) Except as otherwise provided in this subdivision, | |
| 8711 | + | 268.14an exclusive liquor store may sell only the following items: | |
| 8712 | + | 268.15 (1) alcoholic beverages; | |
| 8713 | + | 268.16 (2) tobacco products; | |
| 8714 | + | 268.17 (3) ice; | |
| 8715 | + | 268.18 (4) beverages, either liquid or powder, specifically designated for mixing with intoxicating | |
| 8716 | + | 268.19liquor; | |
| 8717 | + | 268.20 (5) soft drinks; | |
| 8718 | + | 268.21 (6) liqueur-filled candies; | |
| 8719 | + | 268.22 (7) food products that contain more than one-half of one percent alcohol by volume; | |
| 8720 | + | 268.23 (8) cork extraction devices; | |
| 8721 | + | 268.24 (9) books and videos on the use of alcoholic beverages; | |
| 8722 | + | 268.25 (10) magazines and other publications published primarily for information and education | |
| 8723 | + | 268.26on alcoholic beverages; | |
| 8724 | + | 268.27 (11) multiple-use bags designed to carry purchased items; | |
| 8725 | + | 268.28 (12) devices designed to ensure safe storage and monitoring of alcohol in the home, to | |
| 8726 | + | 268.29prevent access by underage drinkers; | |
| 8727 | + | 268Article 7 Sec. 3. | |
| 8728 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 269.1 (13) home brewing equipment; | |
| 8729 | + | 269.2 (14) clothing marked with the specific name, brand, or identifying logo of the exclusive | |
| 8730 | + | 269.3liquor store, and bearing no other name, brand, or identifying logo; | |
| 8731 | + | 269.4 (15) citrus fruit; and | |
| 8732 | + | 269.5 (16) glassware.; | |
| 8733 | + | 269.6 (17) edible cannabinoid products as defined in section 151.72, subdivision 1, paragraph | |
| 8734 | + | 269.7(f); and | |
| 8735 | + | 269.8 (18) products that detect the presence of fentanyl or a fentanyl analog. | |
| 8736 | + | 269.9 (b) An exclusive liquor store that has an on-sale, or combination on-sale and off-sale | |
| 8737 | + | 269.10license may sell food for on-premise consumption when authorized by the municipality | |
| 8738 | + | 269.11issuing the license. | |
| 8739 | + | 269.12 (c) An exclusive liquor store may offer live or recorded entertainment. | |
| 8740 | + | 269.13 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 8741 | + | 269.14Sec. 4. EDIBLE CANNABINOID PRODUCTS; ENFORCEMENT . | |
| 8742 | + | 269.15 (a) The Department of Health shall enforce the provisions of Minnesota Statutes, section | |
| 8743 | + | 269.16151.72, and all rules, orders, stipulation agreements, settlements, compliance agreements, | |
| 8744 | + | 269.17and registrations related to that section adopted or issued by the Office of Medical Cannabis | |
| 8745 | + | 269.18or the Department of Health pursuant to the Health Enforcement Consolidation Act of 1993 | |
| 8746 | + | 269.19contained in Minnesota Statutes, sections 144.989 to 144.993. The commissioner of health | |
| 8747 | + | 269.20may assign enforcement responsibilities to the Office of Medical Cannabis. | |
| 8748 | + | 269.21 (b) The enforcement authority under paragraph (a) shall transfer to the Office of Cannabis | |
| 8749 | + | 269.22Management at any such time that the powers and duties of the Department of Health with | |
| 8750 | + | 269.23respect to the medical cannabis program under Minnesota Statutes, sections 152.22 to | |
| 8751 | + | 269.24152.37, are transferred to the Office of Cannabis Management. The director of the Office | |
| 8752 | + | 269.25of Cannabis Management may assign enforcement responsibilities to the Division of Medical | |
| 8753 | + | 269.26Cannabis. | |
| 8754 | + | 269.27 (c) This section shall expire on July 1, 2024. | |
| 8755 | + | 269.28 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 8756 | + | 269.29Sec. 5. REPEALER. | |
| 8757 | + | 269.30 Minnesota Statutes 2022, section 151.72, is repealed. | |
| 8758 | + | 269Article 7 Sec. 5. | |
| 8759 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 270.1 EFFECTIVE DATE.This section is effective July 1, 2024. | |
| 8760 | + | 270.2 ARTICLE 8 | |
| 8761 | + | 270.3 SCHEDULING OF MARIJUANA | |
| 8762 | + | 270.4Section 1. Minnesota Statutes 2022, section 152.02, subdivision 2, is amended to read: | |
| 8763 | + | 270.5 Subd. 2.Schedule I.(a) Schedule I consists of the substances listed in this subdivision. | |
| 8764 | + | 270.6 (b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the | |
| 8765 | + | 270.7following substances, including their analogs, isomers, esters, ethers, salts, and salts of | |
| 8766 | + | 270.8isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, ethers, | |
| 8767 | + | 270.9and salts is possible: | |
| 8768 | + | 270.10 (1) acetylmethadol; | |
| 8769 | + | 270.11 (2) allylprodine; | |
| 8770 | + | 270.12 (3) alphacetylmethadol (except levo-alphacetylmethadol, also known as levomethadyl | |
| 8771 | + | 270.13acetate); | |
| 8772 | + | 270.14 (4) alphameprodine; | |
| 8773 | + | 270.15 (5) alphamethadol; | |
| 8774 | + | 270.16 (6) alpha-methylfentanyl benzethidine; | |
| 8775 | + | 270.17 (7) betacetylmethadol; | |
| 8776 | + | 270.18 (8) betameprodine; | |
| 8777 | + | 270.19 (9) betamethadol; | |
| 8778 | + | 270.20 (10) betaprodine; | |
| 8779 | + | 270.21 (11) clonitazene; | |
| 8780 | + | 270.22 (12) dextromoramide; | |
| 8781 | + | 270.23 (13) diampromide; | |
| 8782 | + | 270.24 (14) diethyliambutene; | |
| 8783 | + | 270.25 (15) difenoxin; | |
| 8784 | + | 270.26 (16) dimenoxadol; | |
| 8785 | + | 270.27 (17) dimepheptanol; | |
| 8786 | + | 270.28 (18) dimethyliambutene; | |
| 8787 | + | 270Article 8 Section 1. | |
| 8788 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 271.1 (19) dioxaphetyl butyrate; | |
| 8789 | + | 271.2 (20) dipipanone; | |
| 8790 | + | 271.3 (21) ethylmethylthiambutene; | |
| 8791 | + | 271.4 (22) etonitazene; | |
| 8792 | + | 271.5 (23) etoxeridine; | |
| 8793 | + | 271.6 (24) furethidine; | |
| 8794 | + | 271.7 (25) hydroxypethidine; | |
| 8795 | + | 271.8 (26) ketobemidone; | |
| 8796 | + | 271.9 (27) levomoramide; | |
| 8797 | + | 271.10 (28) levophenacylmorphan; | |
| 8798 | + | 271.11 (29) 3-methylfentanyl; | |
| 8799 | + | 271.12 (30) acetyl-alpha-methylfentanyl; | |
| 8800 | + | 271.13 (31) alpha-methylthiofentanyl; | |
| 8801 | + | 271.14 (32) benzylfentanyl beta-hydroxyfentanyl; | |
| 8802 | + | 271.15 (33) beta-hydroxy-3-methylfentanyl; | |
| 8803 | + | 271.16 (34) 3-methylthiofentanyl; | |
| 8804 | + | 271.17 (35) thenylfentanyl; | |
| 8805 | + | 271.18 (36) thiofentanyl; | |
| 8806 | + | 271.19 (37) para-fluorofentanyl; | |
| 8807 | + | 271.20 (38) morpheridine; | |
| 8808 | + | 271.21 (39) 1-methyl-4-phenyl-4-propionoxypiperidine; | |
| 8809 | + | 271.22 (40) noracymethadol; | |
| 8810 | + | 271.23 (41) norlevorphanol; | |
| 8811 | + | 271.24 (42) normethadone; | |
| 8812 | + | 271.25 (43) norpipanone; | |
| 8813 | + | 271.26 (44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP); | |
| 8814 | + | 271.27 (45) phenadoxone; | |
| 8815 | + | 271Article 8 Section 1. | |
| 8816 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 272.1 (46) phenampromide; | |
| 8817 | + | 272.2 (47) phenomorphan; | |
| 8818 | + | 272.3 (48) phenoperidine; | |
| 8819 | + | 272.4 (49) piritramide; | |
| 8820 | + | 272.5 (50) proheptazine; | |
| 8821 | + | 272.6 (51) properidine; | |
| 8822 | + | 272.7 (52) propiram; | |
| 8823 | + | 272.8 (53) racemoramide; | |
| 8824 | + | 272.9 (54) tilidine; | |
| 8825 | + | 272.10 (55) trimeperidine; | |
| 8826 | + | 272.11 (56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl); | |
| 8827 | + | 272.12 (57) 3,4-dichloro-N-[(1R,2R)-2-(dimethylamino)cyclohexyl]-N- | |
| 8828 | + | 272.13methylbenzamide(U47700); | |
| 8829 | + | 272.14 (58) N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide(furanylfentanyl); | |
| 8830 | + | 272.15 (59) 4-(4-bromophenyl)-4-dimethylamino-1-phenethylcyclohexanol (bromadol); | |
| 8831 | + | 272.16 (60) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (Cyclopropryl | |
| 8832 | + | 272.17fentanyl); | |
| 8833 | + | 272.18 (61) N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide) (butyryl fentanyl); | |
| 8834 | + | 272.19 (62) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine) (MT-45); | |
| 8835 | + | 272.20 (63) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (cyclopentyl | |
| 8836 | + | 272.21fentanyl); | |
| 8837 | + | 272.22 (64) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl fentanyl); | |
| 8838 | + | 272.23 (65) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl fentanyl); | |
| 8839 | + | 272.24 (66) N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide | |
| 8840 | + | 272.25(para-chloroisobutyryl fentanyl); | |
| 8841 | + | 272.26 (67) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (para-fluorobutyryl | |
| 8842 | + | 272.27fentanyl); | |
| 8843 | + | 272.28 (68) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide | |
| 8844 | + | 272.29(para-methoxybutyryl fentanyl); | |
| 8845 | + | 272Article 8 Section 1. | |
| 8846 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 273.1 (69) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide (ocfentanil); | |
| 8847 | + | 273.2 (70) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (4-fluoroisobutyryl | |
| 8848 | + | 273.3fentanyl or para-fluoroisobutyryl fentanyl); | |
| 8849 | + | 273.4 (71) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (acryl fentanyl or | |
| 8850 | + | 273.5acryloylfentanyl); | |
| 8851 | + | 273.6 (72) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (methoxyacetyl | |
| 8852 | + | 273.7fentanyl); | |
| 8853 | + | 273.8 (73) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (ortho-fluorofentanyl | |
| 8854 | + | 273.9or 2-fluorofentanyl); | |
| 8855 | + | 273.10 (74) N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide | |
| 8856 | + | 273.11(tetrahydrofuranyl fentanyl); and | |
| 8857 | + | 273.12 (75) Fentanyl-related substances, their isomers, esters, ethers, salts and salts of isomers, | |
| 8858 | + | 273.13esters and ethers, meaning any substance not otherwise listed under another federal | |
| 8859 | + | 273.14Administration Controlled Substance Code Number or not otherwise listed in this section, | |
| 8860 | + | 273.15and for which no exemption or approval is in effect under section 505 of the Federal Food, | |
| 8861 | + | 273.16Drug, and Cosmetic Act, United States Code , title 21, section 355, that is structurally related | |
| 8862 | + | 273.17to fentanyl by one or more of the following modifications: | |
| 8863 | + | 273.18 (i) replacement of the phenyl portion of the phenethyl group by any monocycle, whether | |
| 8864 | + | 273.19or not further substituted in or on the monocycle; | |
| 8865 | + | 273.20 (ii) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, | |
| 8866 | + | 273.21haloalkyl, amino, or nitro groups; | |
| 8867 | + | 273.22 (iii) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, | |
| 8868 | + | 273.23hydroxyl, halo, haloalkyl, amino, or nitro groups; | |
| 8869 | + | 273.24 (iv) replacement of the aniline ring with any aromatic monocycle whether or not further | |
| 8870 | + | 273.25substituted in or on the aromatic monocycle; or | |
| 8871 | + | 273.26 (v) replacement of the N-propionyl group by another acyl group. | |
| 8872 | + | 273.27 (c) Opium derivatives. Any of the following substances, their analogs, salts, isomers, | |
| 8873 | + | 273.28and salts of isomers, unless specifically excepted or unless listed in another schedule, | |
| 8874 | + | 273.29whenever the existence of the analogs, salts, isomers, and salts of isomers is possible: | |
| 8875 | + | 273.30 (1) acetorphine; | |
| 8876 | + | 273.31 (2) acetyldihydrocodeine; | |
| 8877 | + | 273Article 8 Section 1. | |
| 8878 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 274.1 (3) benzylmorphine; | |
| 8879 | + | 274.2 (4) codeine methylbromide; | |
| 8880 | + | 274.3 (5) codeine-n-oxide; | |
| 8881 | + | 274.4 (6) cyprenorphine; | |
| 8882 | + | 274.5 (7) desomorphine; | |
| 8883 | + | 274.6 (8) dihydromorphine; | |
| 8884 | + | 274.7 (9) drotebanol; | |
| 8885 | + | 274.8 (10) etorphine; | |
| 8886 | + | 274.9 (11) heroin; | |
| 8887 | + | 274.10 (12) hydromorphinol; | |
| 8888 | + | 274.11 (13) methyldesorphine; | |
| 8889 | + | 274.12 (14) methyldihydromorphine; | |
| 8890 | + | 274.13 (15) morphine methylbromide; | |
| 8891 | + | 274.14 (16) morphine methylsulfonate; | |
| 8892 | + | 274.15 (17) morphine-n-oxide; | |
| 8893 | + | 274.16 (18) myrophine; | |
| 8894 | + | 274.17 (19) nicocodeine; | |
| 8895 | + | 274.18 (20) nicomorphine; | |
| 8896 | + | 274.19 (21) normorphine; | |
| 8897 | + | 274.20 (22) pholcodine; and | |
| 8898 | + | 274.21 (23) thebacon. | |
| 8899 | + | 274.22 (d) Hallucinogens. Any material, compound, mixture or preparation which contains any | |
| 8900 | + | 274.23quantity of the following substances, their analogs, salts, isomers (whether optical, positional, | |
| 8901 | + | 274.24or geometric), and salts of isomers, unless specifically excepted or unless listed in another | |
| 8902 | + | 274.25schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is | |
| 8903 | + | 274.26possible: | |
| 8904 | + | 274.27 (1) methylenedioxy amphetamine; | |
| 8905 | + | 274.28 (2) methylenedioxymethamphetamine; | |
| 8906 | + | 274Article 8 Section 1. | |
| 8907 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 275.1 (3) methylenedioxy-N-ethylamphetamine (MDEA); | |
| 8908 | + | 275.2 (4) n-hydroxy-methylenedioxyamphetamine; | |
| 8909 | + | 275.3 (5) 4-bromo-2,5-dimethoxyamphetamine (DOB); | |
| 8910 | + | 275.4 (6) 2,5-dimethoxyamphetamine (2,5-DMA); | |
| 8911 | + | 275.5 (7) 4-methoxyamphetamine; | |
| 8912 | + | 275.6 (8) 5-methoxy-3, 4-methylenedioxyamphetamine; | |
| 8913 | + | 275.7 (9) alpha-ethyltryptamine; | |
| 8914 | + | 275.8 (10) bufotenine; | |
| 8915 | + | 275.9 (11) diethyltryptamine; | |
| 8916 | + | 275.10 (12) dimethyltryptamine; | |
| 8917 | + | 275.11 (13) 3,4,5-trimethoxyamphetamine; | |
| 8918 | + | 275.12 (14) 4-methyl-2, 5-dimethoxyamphetamine (DOM); | |
| 8919 | + | 275.13 (15) ibogaine; | |
| 8920 | + | 275.14 (16) lysergic acid diethylamide (LSD); | |
| 8921 | + | 275.15 (17) mescaline; | |
| 8922 | + | 275.16 (18) parahexyl; | |
| 8923 | + | 275.17 (19) N-ethyl-3-piperidyl benzilate; | |
| 8924 | + | 275.18 (20) N-methyl-3-piperidyl benzilate; | |
| 8925 | + | 275.19 (21) psilocybin; | |
| 8926 | + | 275.20 (22) psilocyn; | |
| 8927 | + | 275.21 (23) tenocyclidine (TPCP or TCP); | |
| 8928 | + | 275.22 (24) N-ethyl-1-phenyl-cyclohexylamine (PCE); | |
| 8929 | + | 275.23 (25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy); | |
| 8930 | + | 275.24 (26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy); | |
| 8931 | + | 275.25 (27) 4-chloro-2,5-dimethoxyamphetamine (DOC); | |
| 8932 | + | 275.26 (28) 4-ethyl-2,5-dimethoxyamphetamine (DOET); | |
| 8933 | + | 275.27 (29) 4-iodo-2,5-dimethoxyamphetamine (DOI); | |
| 8934 | + | 275Article 8 Section 1. | |
| 8935 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 276.1 (30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B); | |
| 8936 | + | 276.2 (31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C); | |
| 8937 | + | 276.3 (32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D); | |
| 8938 | + | 276.4 (33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E); | |
| 8939 | + | 276.5 (34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I); | |
| 8940 | + | 276.6 (35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P); | |
| 8941 | + | 276.7 (36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4); | |
| 8942 | + | 276.8 (37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7); | |
| 8943 | + | 276.9 (38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine | |
| 8944 | + | 276.10(2-CB-FLY); | |
| 8945 | + | 276.11 (39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY); | |
| 8946 | + | 276.12 (40) alpha-methyltryptamine (AMT); | |
| 8947 | + | 276.13 (41) N,N-diisopropyltryptamine (DiPT); | |
| 8948 | + | 276.14 (42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT); | |
| 8949 | + | 276.15 (43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET); | |
| 8950 | + | 276.16 (44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT); | |
| 8951 | + | 276.17 (45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT); | |
| 8952 | + | 276.18 (46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT); | |
| 8953 | + | 276.19 (47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT); | |
| 8954 | + | 276.20 (48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT); | |
| 8955 | + | 276.21 (49) 5-methoxy-α-methyltryptamine (5-MeO-AMT); | |
| 8956 | + | 276.22 (50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT); | |
| 8957 | + | 276.23 (51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT); | |
| 8958 | + | 276.24 (52) 5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT); | |
| 8959 | + | 276.25 (53) 5-methoxy-α-ethyltryptamine (5-MeO-AET); | |
| 8960 | + | 276.26 (54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT); | |
| 8961 | + | 276.27 (55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET); | |
| 8962 | + | 276Article 8 Section 1. | |
| 8963 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 277.1 (56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT); | |
| 8964 | + | 277.2 (57) methoxetamine (MXE); | |
| 8965 | + | 277.3 (58) 5-iodo-2-aminoindane (5-IAI); | |
| 8966 | + | 277.4 (59) 5,6-methylenedioxy-2-aminoindane (MDAI); | |
| 8967 | + | 277.5 (60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe); | |
| 8968 | + | 277.6 (61) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe); | |
| 8969 | + | 277.7 (62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe); | |
| 8970 | + | 277.8 (63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H); | |
| 8971 | + | 277.9 (64) 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2); | |
| 8972 | + | 277.10 (65) N,N-Dipropyltryptamine (DPT); | |
| 8973 | + | 277.11 (66) 3-[1-(Piperidin-1-yl)cyclohexyl]phenol (3-HO-PCP); | |
| 8974 | + | 277.12 (67) N-ethyl-1-(3-methoxyphenyl)cyclohexanamine (3-MeO-PCE); | |
| 8975 | + | 277.13 (68) 4-[1-(3-methoxyphenyl)cyclohexyl]morpholine (3-MeO-PCMo); | |
| 8976 | + | 277.14 (69) 1-[1-(4-methoxyphenyl)cyclohexyl]-piperidine (methoxydine, 4-MeO-PCP); | |
| 8977 | + | 277.15 (70) 2-(2-Chlorophenyl)-2-(ethylamino)cyclohexan-1-one (N-Ethylnorketamine, | |
| 8978 | + | 277.16ethketamine, NENK); | |
| 8979 | + | 277.17 (71) methylenedioxy-N,N-dimethylamphetamine (MDDMA); | |
| 8980 | + | 277.18 (72) 3-(2-Ethyl(methyl)aminoethyl)-1H-indol-4-yl (4-AcO-MET); and | |
| 8981 | + | 277.19 (73) 2-Phenyl-2-(methylamino)cyclohexanone (deschloroketamine). | |
| 8982 | + | 277.20 (e) Peyote. All parts of the plant presently classified botanically as Lophophora williamsii | |
| 8983 | + | 277.21Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant, | |
| 8984 | + | 277.22and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, | |
| 8985 | + | 277.23its seeds or extracts. The listing of peyote as a controlled substance in Schedule I does not | |
| 8986 | + | 277.24apply to the nondrug use of peyote in bona fide religious ceremonies of the American Indian | |
| 8987 | + | 277.25Church, and members of the American Indian Church are exempt from registration. Any | |
| 8988 | + | 277.26person who manufactures peyote for or distributes peyote to the American Indian Church, | |
| 8989 | + | 277.27however, is required to obtain federal registration annually and to comply with all other | |
| 8990 | + | 277.28requirements of law. | |
| 8991 | + | 277.29 (f) Central nervous system depressants. Unless specifically excepted or unless listed in | |
| 8992 | + | 277.30another schedule, any material compound, mixture, or preparation which contains any | |
| 8993 | + | 277Article 8 Section 1. | |
| 8994 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 278.1quantity of the following substances, their analogs, salts, isomers, and salts of isomers | |
| 8995 | + | 278.2whenever the existence of the analogs, salts, isomers, and salts of isomers is possible: | |
| 8996 | + | 278.3 (1) mecloqualone; | |
| 8997 | + | 278.4 (2) methaqualone; | |
| 8998 | + | 278.5 (3) gamma-hydroxybutyric acid (GHB), including its esters and ethers; | |
| 8999 | + | 278.6 (4) flunitrazepam; | |
| 9000 | + | 278.7 (5) 2-(2-Methoxyphenyl)-2-(methylamino)cyclohexanone (2-MeO-2-deschloroketamine, | |
| 9001 | + | 278.8methoxyketamine); | |
| 9002 | + | 278.9 (6) tianeptine; | |
| 9003 | + | 278.10 (7) clonazolam; | |
| 9004 | + | 278.11 (8) etizolam; | |
| 9005 | + | 278.12 (9) flubromazolam; and | |
| 9006 | + | 278.13 (10) flubromazepam. | |
| 9007 | + | 278.14 (g) Stimulants. Unless specifically excepted or unless listed in another schedule, any | |
| 9008 | + | 278.15material compound, mixture, or preparation which contains any quantity of the following | |
| 9009 | + | 278.16substances, their analogs, salts, isomers, and salts of isomers whenever the existence of the | |
| 9010 | + | 278.17analogs, salts, isomers, and salts of isomers is possible: | |
| 9011 | + | 278.18 (1) aminorex; | |
| 9012 | + | 278.19 (2) cathinone; | |
| 9013 | + | 278.20 (3) fenethylline; | |
| 9014 | + | 278.21 (4) methcathinone; | |
| 9015 | + | 278.22 (5) methylaminorex; | |
| 9016 | + | 278.23 (6) N,N-dimethylamphetamine; | |
| 9017 | + | 278.24 (7) N-benzylpiperazine (BZP); | |
| 9018 | + | 278.25 (8) methylmethcathinone (mephedrone); | |
| 9019 | + | 278.26 (9) 3,4-methylenedioxy-N-methylcathinone (methylone); | |
| 9020 | + | 278.27 (10) methoxymethcathinone (methedrone); | |
| 9021 | + | 278.28 (11) methylenedioxypyrovalerone (MDPV); | |
| 9022 | + | 278Article 8 Section 1. | |
| 9023 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 279.1 (12) 3-fluoro-N-methylcathinone (3-FMC); | |
| 9024 | + | 279.2 (13) methylethcathinone (MEC); | |
| 9025 | + | 279.3 (14) 1-benzofuran-6-ylpropan-2-amine (6-APB); | |
| 9026 | + | 279.4 (15) dimethylmethcathinone (DMMC); | |
| 9027 | + | 279.5 (16) fluoroamphetamine; | |
| 9028 | + | 279.6 (17) fluoromethamphetamine; | |
| 9029 | + | 279.7 (18) α-methylaminobutyrophenone (MABP or buphedrone); | |
| 9030 | + | 279.8 (19) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone); | |
| 9031 | + | 279.9 (20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378); | |
| 9032 | + | 279.10 (21) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) pentan-1-one (naphthylpyrovalerone or | |
| 9033 | + | 279.11naphyrone); | |
| 9034 | + | 279.12 (22) (alpha-pyrrolidinopentiophenone (alpha-PVP); | |
| 9035 | + | 279.13 (23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or MPHP); | |
| 9036 | + | 279.14 (24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP); | |
| 9037 | + | 279.15 (25) 4-methyl-N-ethylcathinone (4-MEC); | |
| 9038 | + | 279.16 (26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP); | |
| 9039 | + | 279.17 (27) 2-(methylamino)-1-phenylpentan-1-one (pentedrone); | |
| 9040 | + | 279.18 (28) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone); | |
| 9041 | + | 279.19 (29) 4-fluoro-N-methylcathinone (4-FMC); | |
| 9042 | + | 279.20 (30) 3,4-methylenedioxy-N-ethylcathinone (ethylone); | |
| 9043 | + | 279.21 (31) alpha-pyrrolidinobutiophenone (α-PBP); | |
| 9044 | + | 279.22 (32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB); | |
| 9045 | + | 279.23 (33) 1-phenyl-2-(1-pyrrolidinyl)-1-heptanone (PV8); | |
| 9046 | + | 279.24 (34) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB); | |
| 9047 | + | 279.25 (35) 4-methyl-alpha-ethylaminopentiophenone (4-MEAPP); | |
| 9048 | + | 279.26 (36) 4'-chloro-alpha-pyrrolidinopropiophenone (4'-chloro-PPP); | |
| 9049 | + | 279.27 (37) 1-(1,3-Benzodioxol-5-yl)-2-(dimethylamino)butan-1-one (dibutylone, bk-DMBDB); | |
| 9050 | + | 279Article 8 Section 1. | |
| 9051 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 280.1 (38) 1-(3-chlorophenyl) piperazine (meta-chlorophenylpiperazine or mCPP); | |
| 9052 | + | 280.2 (39) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-pentan-1-one (N-ethylpentylone, ephylone); | |
| 9053 | + | 280.3and | |
| 9054 | + | 280.4 (40) any other substance, except bupropion or compounds listed under a different | |
| 9055 | + | 280.5schedule, that is structurally derived from 2-aminopropan-1-one by substitution at the | |
| 9056 | + | 280.61-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the | |
| 9057 | + | 280.7compound is further modified in any of the following ways: | |
| 9058 | + | 280.8 (i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, | |
| 9059 | + | 280.9haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring | |
| 9060 | + | 280.10system by one or more other univalent substituents; | |
| 9061 | + | 280.11 (ii) by substitution at the 3-position with an acyclic alkyl substituent; | |
| 9062 | + | 280.12 (iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or | |
| 9063 | + | 280.13methoxybenzyl groups; or | |
| 9064 | + | 280.14 (iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure. | |
| 9065 | + | 280.15 (h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically | |
| 9066 | + | 280.16excepted or unless listed in another schedule, any natural or synthetic material, compound, | |
| 9067 | + | 280.17mixture, or preparation that contains any quantity of the following substances, their analogs, | |
| 9068 | + | 280.18isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence | |
| 9069 | + | 280.19of the isomers, esters, ethers, or salts is possible: | |
| 9070 | + | 280.20 (1) marijuana; | |
| 9071 | + | 280.21 (2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, except | |
| 9072 | + | 280.22that tetrahydrocannabinols do not include any material, compound, mixture, or preparation | |
| 9073 | + | 280.23that qualifies as industrial hemp as defined in section 18K.02, subdivision 3; synthetic | |
| 9074 | + | 280.24equivalents of the substances contained in the cannabis plant or in the resinous extractives | |
| 9075 | + | 280.25of the plant; or synthetic substances with similar chemical structure and pharmacological | |
| 9076 | + | 280.26activity to those substances contained in the plant or resinous extract, including, but not | |
| 9077 | + | 280.27limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4 | |
| 9078 | + | 280.28cis or trans tetrahydrocannabinol; | |
| 9079 | + | 280.29 (3) (h) Synthetic cannabinoids, including the following substances: | |
| 9080 | + | 280.30 (i) (1) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole | |
| 9081 | + | 280.31structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, | |
| 9082 | + | 280.32alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or | |
| 9083 | + | 280Article 8 Section 1. | |
| 9084 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 281.12-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any | |
| 9085 | + | 281.2extent and whether or not substituted in the naphthyl ring to any extent. Examples of | |
| 9086 | + | 281.3naphthoylindoles include, but are not limited to: | |
| 9087 | + | 281.4 (A) (i) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678); | |
| 9088 | + | 281.5 (B) (ii) 1-Butyl-3-(1-naphthoyl)indole (JWH-073); | |
| 9089 | + | 281.6 (C) (iii) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081); | |
| 9090 | + | 281.7 (D) (iv) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); | |
| 9091 | + | 281.8 (E) (v) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015); | |
| 9092 | + | 281.9 (F) (vi) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019); | |
| 9093 | + | 281.10 (G) (vii) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122); | |
| 9094 | + | 281.11 (H) (viii) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210); | |
| 9095 | + | 281.12 (I) (ix) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398); | |
| 9096 | + | 281.13 (J) (x) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201). | |
| 9097 | + | 281.14 (ii) (2) Napthylmethylindoles, which are any compounds containing a | |
| 9098 | + | 281.151H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the | |
| 9099 | + | 281.16indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, | |
| 9100 | + | 281.171-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further | |
| 9101 | + | 281.18substituted in the indole ring to any extent and whether or not substituted in the naphthyl | |
| 9102 | + | 281.19ring to any extent. Examples of naphthylmethylindoles include, but are not limited to: | |
| 9103 | + | 281.20 (A) (i) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175); | |
| 9104 | + | 281.21 (B) (ii) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184). | |
| 9105 | + | 281.22 (iii) (3) Naphthoylpyrroles, which are any compounds containing a 3-(1-naphthoyl)pyrrole | |
| 9106 | + | 281.23structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, | |
| 9107 | + | 281.24alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or | |
| 9108 | + | 281.252-(4-morpholinyl)ethyl group whether or not further substituted in the pyrrole ring to any | |
| 9109 | + | 281.26extent, whether or not substituted in the naphthyl ring to any extent. Examples of | |
| 9110 | + | 281.27naphthoylpyrroles include, but are not limited to, | |
| 9111 | + | 281.28(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307). | |
| 9112 | + | 281.29 (iv) (4) Naphthylmethylindenes, which are any compounds containing a | |
| 9113 | + | 281.30naphthylideneindene structure with substitution at the 3-position of the indene ring by an | |
| 9114 | + | 281.31alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, | |
| 9115 | + | 281Article 8 Section 1. | |
| 9116 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 282.11-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further | |
| 9117 | + | 282.2substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring | |
| 9118 | + | 282.3to any extent. Examples of naphthylemethylindenes include, but are not limited to, | |
| 9119 | + | 282.4E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176). | |
| 9120 | + | 282.5 (v) (5) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole | |
| 9121 | + | 282.6structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, | |
| 9122 | + | 282.7alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or | |
| 9123 | + | 282.82-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any | |
| 9124 | + | 282.9extent, whether or not substituted in the phenyl ring to any extent. Examples of | |
| 9125 | + | 282.10phenylacetylindoles include, but are not limited to: | |
| 9126 | + | 282.11 (A) (i) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8); | |
| 9127 | + | 282.12 (B) (ii) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250); | |
| 9128 | + | 282.13 (C) (iii) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251); | |
| 9129 | + | 282.14 (D) (iv) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203). | |
| 9130 | + | 282.15 (vi) (6) Cyclohexylphenols, which are compounds containing a | |
| 9131 | + | 282.162-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic | |
| 9132 | + | 282.17ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, | |
| 9133 | + | 282.181-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not substituted | |
| 9134 | + | 282.19in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, but are not | |
| 9135 | + | 282.20limited to: | |
| 9136 | + | 282.21 (A) (i) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497); | |
| 9137 | + | 282.22 (B) (ii) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol | |
| 9138 | + | 282.23(Cannabicyclohexanol or CP 47,497 C8 homologue); | |
| 9139 | + | 282.24 (C) (iii) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl] | |
| 9140 | + | 282.25-phenol (CP 55,940). | |
| 9141 | + | 282.26 (vii) (7) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole | |
| 9142 | + | 282.27structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, | |
| 9143 | + | 282.28alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or | |
| 9144 | + | 282.292-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any | |
| 9145 | + | 282.30extent and whether or not substituted in the phenyl ring to any extent. Examples of | |
| 9146 | + | 282.31benzoylindoles include, but are not limited to: | |
| 9147 | + | 282.32 (A) (i) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4); | |
| 9148 | + | 282Article 8 Section 1. | |
| 9149 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 283.1 (B) (ii) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694); | |
| 9150 | + | 283.2 (C) (iii) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone | |
| 9151 | + | 283.3(WIN 48,098 or Pravadoline). | |
| 9152 | + | 283.4 (viii) (8) Others specifically named: | |
| 9153 | + | 283.5 (A) (i) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) | |
| 9154 | + | 283.6-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210); | |
| 9155 | + | 283.7 (B) (ii) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) | |
| 9156 | + | 283.8-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211); | |
| 9157 | + | 283.9 (C) (iii) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de] | |
| 9158 | + | 283.10-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2); | |
| 9159 | + | 283.11 (D) (iv) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144); | |
| 9160 | + | 283.12 (E) (v) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone | |
| 9161 | + | 283.13(XLR-11); | |
| 9162 | + | 283.14 (F) (vi) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide | |
| 9163 | + | 283.15(AKB-48(APINACA)); | |
| 9164 | + | 283.16 (G) (vii) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide | |
| 9165 | + | 283.17(5-Fluoro-AKB-48); | |
| 9166 | + | 283.18 (H) (viii) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22); | |
| 9167 | + | 283.19 (I) (ix) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro | |
| 9168 | + | 283.20PB-22); | |
| 9169 | + | 283.21 (J) (x) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 3-carboxamide | |
| 9170 | + | 283.22(AB-PINACA); | |
| 9171 | + | 283.23 (K) (xi) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]- | |
| 9172 | + | 283.241H-indazole-3-carboxamide (AB-FUBINACA); | |
| 9173 | + | 283.25 (L) (xii) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H- | |
| 9174 | + | 283.26indazole-3-carboxamide(AB-CHMINACA); | |
| 9175 | + | 283.27 (M) (xiii) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3- | |
| 9176 | + | 283.28methylbutanoate (5-fluoro-AMB); | |
| 9177 | + | 283.29 (N) (xiv) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201); | |
| 9178 | + | 283Article 8 Section 1. | |
| 9179 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 284.1 (O) (xv) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone) | |
| 9180 | + | 284.2(FUBIMINA); | |
| 9181 | + | 284.3 (P) (xvi) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo | |
| 9182 | + | 284.4[2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12); | |
| 9183 | + | 284.5 (Q) (xvii) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl) | |
| 9184 | + | 284.6-1H-indole-3-carboxamide (5-fluoro-ABICA); | |
| 9185 | + | 284.7 (R) (xviii) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) | |
| 9186 | + | 284.8-1H-indole-3-carboxamide; | |
| 9187 | + | 284.9 (S) (xix) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) | |
| 9188 | + | 284.10-1H-indazole-3-carboxamide; | |
| 9189 | + | 284.11 (T) (xx) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido) | |
| 9190 | + | 284.12-3,3-dimethylbutanoate; | |
| 9191 | + | 284.13 (U) (xxi) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1 | |
| 9192 | + | 284.14H-indazole-3-carboxamide (MAB-CHMINACA); | |
| 9193 | + | 284.15 (V) (xxii) | |
| 9194 | + | 284.16N-(1-Amino-3,3-dimethyl-1-oxo-2-butanyl)-1-pentyl-1H-indazole-3-carboxamide | |
| 9195 | + | 284.17(ADB-PINACA); | |
| 9196 | + | 284.18 (W) (xxiii) methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate (FUB-AMB); | |
| 9197 | + | 284.19 (X) (xxiv) | |
| 9198 | + | 284.20N-[(1S)-2-amino-2-oxo-1-(phenylmethyl)ethyl]-1-(cyclohexylmethyl)-1H-Indazole- | |
| 9199 | + | 284.213-carboxamide. (APP-CHMINACA); | |
| 9200 | + | 284.22 (Y) (xxv) quinolin-8-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FUB-PB-22); and | |
| 9201 | + | 284.23 (Z) (xxvi) methyl N-[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]valinate | |
| 9202 | + | 284.24(MMB-CHMICA). | |
| 9203 | + | 284.25 (ix) (9) Additional substances specifically named: | |
| 9204 | + | 284.26 (A) (i) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1 | |
| 9205 | + | 284.27H-pyrrolo[2,3-B]pyridine-3-carboxamide (5F-CUMYL-P7AICA); | |
| 9206 | + | 284.28 (B) (ii) 1-(4-cyanobutyl)-N-(2- phenylpropan-2-yl)-1 H-indazole-3-carboxamide | |
| 9207 | + | 284.29(4-CN-Cumyl-Butinaca); | |
| 9208 | + | 284.30 (C) (iii) naphthalen-1-yl-1-(5-fluoropentyl)-1-H-indole-3-carboxylate (NM2201; | |
| 9209 | + | 284.31CBL2201); | |
| 9210 | + | 284Article 8 Section 1. | |
| 9211 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 285.1 (D) (iv) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1 | |
| 9212 | + | 285.2H-indazole-3-carboxamide (5F-ABPINACA); | |
| 9213 | + | 285.3 (E) (v) methyl-2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate | |
| 9214 | + | 285.4(MDMB CHMICA); | |
| 9215 | + | 285.5 (F) (vi) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate | |
| 9216 | + | 285.6(5F-ADB; 5F-MDMB-PINACA); and | |
| 9217 | + | 285.7 (G) (vii) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl) | |
| 9218 | + | 285.81H-indazole-3-carboxamide (ADB-FUBINACA). | |
| 9219 | + | 285.9 (i) A controlled substance analog, to the extent that it is implicitly or explicitly intended | |
| 9220 | + | 285.10for human consumption. | |
| 9221 | + | 285.11 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 9222 | + | 285.12Sec. 2. Minnesota Statutes 2022, section 152.02, subdivision 4, is amended to read: | |
| 9223 | + | 285.13 Subd. 4.Schedule III.(a) Schedule III consists of the substances listed in this subdivision. | |
| 9224 | + | 285.14 (b) Stimulants. Unless specifically excepted or unless listed in another schedule, any | |
| 9225 | + | 285.15material, compound, mixture, or preparation which contains any quantity of the following | |
| 9226 | + | 285.16substances having a potential for abuse associated with a stimulant effect on the central | |
| 9227 | + | 285.17nervous system, including its salts, isomers, and salts of such isomers whenever the existence | |
| 9228 | + | 285.18of such salts, isomers, and salts of isomers is possible within the specific chemical | |
| 9229 | + | 285.19designation: | |
| 9230 | + | 285.20 (1) benzphetamine; | |
| 9231 | + | 285.21 (2) chlorphentermine; | |
| 9232 | + | 285.22 (3) clortermine; | |
| 9233 | + | 285.23 (4) phendimetrazine. | |
| 9234 | + | 285.24 (c) Depressants. Unless specifically excepted or unless listed in another schedule, any | |
| 9235 | + | 285.25material, compound, mixture, or preparation which contains any quantity of the following | |
| 9236 | + | 285.26substances having a potential for abuse associated with a depressant effect on the central | |
| 9237 | + | 285.27nervous system: | |
| 9238 | + | 285.28 (1) any compound, mixture, or preparation containing amobarbital, secobarbital, | |
| 9239 | + | 285.29pentobarbital or any salt thereof and one or more other active medicinal ingredients which | |
| 9240 | + | 285.30are not listed in any schedule; | |
| 9241 | + | 285Article 8 Sec. 2. | |
| 9242 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 286.1 (2) any suppository dosage form containing amobarbital, secobarbital, pentobarbital, or | |
| 9243 | + | 286.2any salt of any of these drugs and approved by the food and drug administration for marketing | |
| 9244 | + | 286.3only as a suppository; | |
| 9245 | + | 286.4 (3) any substance which contains any quantity of a derivative of barbituric acid, or any | |
| 9246 | + | 286.5salt of a derivative of barbituric acid, except those substances which are specifically listed | |
| 9247 | + | 286.6in other schedules; | |
| 9248 | + | 286.7 (4) any drug product containing gamma hydroxybutyric acid, including its salts, isomers, | |
| 9249 | + | 286.8and salts of isomers, for which an application is approved under section 505 of the federal | |
| 9250 | + | 286.9Food, Drug, and Cosmetic Act; | |
| 9251 | + | 286.10 (5) any of the following substances: | |
| 9252 | + | 286.11 (i) chlorhexadol; | |
| 9253 | + | 286.12 (ii) ketamine, its salts, isomers and salts of isomers; | |
| 9254 | + | 286.13 (iii) lysergic acid; | |
| 9255 | + | 286.14 (iv) lysergic acid amide; | |
| 9256 | + | 286.15 (v) methyprylon; | |
| 9257 | + | 286.16 (vi) sulfondiethylmethane; | |
| 9258 | + | 286.17 (vii) sulfonenthylmethane; | |
| 9259 | + | 286.18 (viii) sulfonmethane; | |
| 9260 | + | 286.19 (ix) tiletamine and zolazepam and any salt thereof; | |
| 9261 | + | 286.20 (x) embutramide; | |
| 9262 | + | 286.21 (xi) Perampanel [2-(2-oxo-1-phenyl-5-pyridin-2-yl-1,2-Dihydropyridin-3-yl) | |
| 9263 | + | 286.22benzonitrile]. | |
| 9264 | + | 286.23 (d) Nalorphine. | |
| 9265 | + | 286.24 (e) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, | |
| 9266 | + | 286.25any material, compound, mixture, or preparation containing any of the following narcotic | |
| 9267 | + | 286.26drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities | |
| 9268 | + | 286.27as follows: | |
| 9269 | + | 286.28 (1) not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams | |
| 9270 | + | 286.29per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium; | |
| 9271 | + | 286Article 8 Sec. 2. | |
| 9272 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 287.1 (2) not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams | |
| 9273 | + | 287.2per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic | |
| 9274 | + | 287.3amounts; | |
| 9275 | + | 287.4 (3) not more than 1.80 grams of dihydrocodeine per 100 milliliters or not more than 90 | |
| 9276 | + | 287.5milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized | |
| 9277 | + | 287.6therapeutic amounts; | |
| 9278 | + | 287.7 (4) not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than | |
| 9279 | + | 287.815 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized | |
| 9280 | + | 287.9therapeutic amounts; | |
| 9281 | + | 287.10 (5) not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not | |
| 9282 | + | 287.11more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients | |
| 9283 | + | 287.12in recognized therapeutic amounts; | |
| 9284 | + | 287.13 (6) not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with | |
| 9285 | + | 287.14one or more active, nonnarcotic ingredients in recognized therapeutic amounts. | |
| 9286 | + | 287.15 (f) Anabolic steroids, human growth hormone, and chorionic gonadotropin. | |
| 9287 | + | 287.16 (1) Anabolic steroids, for purposes of this subdivision, means any drug or hormonal | |
| 9288 | + | 287.17substance, chemically and pharmacologically related to testosterone, other than estrogens, | |
| 9289 | + | 287.18progestins, corticosteroids, and dehydroepiandrosterone, and includes: | |
| 9290 | + | 287.19 (i) 3[beta],17[beta]-dihydroxy-5[alpha]-androstane; | |
| 9291 | + | 287.20 (ii) 3[alpha],17[beta]-dihydroxy-5[alpha]-androstane; | |
| 9292 | + | 287.21 (iii) androstanedione (5[alpha]-androstan-3,17-dione); | |
| 9293 | + | 287.22 (iv) 1-androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-l-ene; | |
| 9294 | + | 287.23 (v) 3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene); | |
| 9295 | + | 287.24 (vi) 4-androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene); | |
| 9296 | + | 287.25 (vii) 5-androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene); | |
| 9297 | + | 287.26 (viii) 1-androstenedione (5[alpha]-androst-1-en-3,17-dione); | |
| 9298 | + | 287.27 (ix) 4-androstenedione (androst-4-en-3,17-dione); | |
| 9299 | + | 287.28 (x) 5-androstenedione (androst-5-en-3,17-dione); | |
| 9300 | + | 287.29 (xi) bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one); | |
| 9301 | + | 287.30 (xii) boldenone (17[beta]-hydroxyandrost-1,4-diene-3-one); | |
| 9302 | + | 287Article 8 Sec. 2. | |
| 9303 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 288.1 (xiii) boldione (androsta-1,4-diene-3,17-dione); | |
| 9304 | + | 288.2 (xiv) calusterone (7[beta],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one); | |
| 9305 | + | 288.3 (xv) clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one); | |
| 9306 | + | 288.4 (xvi) dehydrochloromethyltestosterone | |
| 9307 | + | 288.5(4-chloro-17[beta]-hydroxy-17[alpha]-methylandrost-1,4-dien-3-one); | |
| 9308 | + | 288.6 (xvii) desoxymethyltestosterone (17[alpha]-methyl-5[alpha]-androst-2-en-17[beta]-ol); | |
| 9309 | + | 288.7 (xviii) [delta]1-dihydrotestosterone- (17[beta]-hydroxy-5[alpha]-androst-1-en-3-one); | |
| 9310 | + | 288.8 (xix) 4-dihydrotestosterone (17[beta]-hydroxy-androstan-3-one); | |
| 9311 | + | 288.9 (xx) drostanolone (17[beta]hydroxy-2[alpha]-methyl-5[alpha]-androstan-3-one); | |
| 9312 | + | 288.10 (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene); | |
| 9313 | + | 288.11 (xxii) fluoxymesterone | |
| 9314 | + | 288.12(9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one); | |
| 9315 | + | 288.13 (xxiii) formebolone | |
| 9316 | + | 288.14(2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one); | |
| 9317 | + | 288.15 (xxiv) furazabol | |
| 9318 | + | 288.16(17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan)13[beta]-ethyl-17[beta] | |
| 9319 | + | 288.17-hydroxygon-4-en-3-one; | |
| 9320 | + | 288.18 (xxv) 4-hydroxytestosterone (4,17[beta]-dihydroxyandrost-4-en-3-one); | |
| 9321 | + | 288.19 (xxvi) 4-hydroxy-19-nortestosterone (4,17[beta]-dihydroxyestr-4-en-3-one); | |
| 9322 | + | 288.20 (xxvii) mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one); | |
| 9323 | + | 288.21 (xxviii) mesterolone (1[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one); | |
| 9324 | + | 288.22 (xxix) methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-dien-3-one); | |
| 9325 | + | 288.23 (xxx) methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene); | |
| 9326 | + | 288.24 (xxxi) methasterone (2 alpha-17 alpha-dimethyl-5 alpha-androstan-17beta-ol-3-one); | |
| 9327 | + | 288.25 (xxxii) methenolone (1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one); | |
| 9328 | + | 288.26 (xxxiii) 17[alpha]-methyl-3[beta],17[beta]-dihydroxy-5[alpha]-androstane; | |
| 9329 | + | 288.27 (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5[alpha]-androstane; | |
| 9330 | + | 288.28 (xxxv) 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene; | |
| 9331 | + | 288Article 8 Sec. 2. | |
| 9332 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 289.1 (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone | |
| 9333 | + | 289.2(17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one); | |
| 9334 | + | 289.3 (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one); | |
| 9335 | + | 289.4 (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9-11-trien-3-one); | |
| 9336 | + | 289.5 (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one); | |
| 9337 | + | 289.6 (xl) mibolerone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one); | |
| 9338 | + | 289.7 (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | |
| 9339 | + | 289.8(17[beta]-hydroxy-17[alpha]-methyl-5[alpha]-androst-1-en-3-one); | |
| 9340 | + | 289.9 (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one); | |
| 9341 | + | 289.10 (xliii) 19-nor-4-androstenediol (3[beta],17[beta]-dihydroxyestr-4-ene; | |
| 9342 | + | 289.11 (xliv) 3[alpha],17[beta]-dihydroxyestr-4-ene); 19-nor-5-androstenediol | |
| 9343 | + | 289.12(3[beta],17[beta]-dihydroxyestr-5-ene; | |
| 9344 | + | 289.13 (xlv) 3[alpha],17[beta]-dihydroxyestr-5-ene); | |
| 9345 | + | 289.14 (xlvi) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione); | |
| 9346 | + | 289.15 (xlvii) 19-nor-5-androstenedione (estr-5-en-3,17-dione); | |
| 9347 | + | 289.16 (xlviii) norbolethone (13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one); | |
| 9348 | + | 289.17 (xlix) norclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one); | |
| 9349 | + | 289.18 (l) norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one); | |
| 9350 | + | 289.19 (li) normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one); | |
| 9351 | + | 289.20 (lii) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-2-oxa-5[alpha]-androstan-3-one); | |
| 9352 | + | 289.21 (liii) oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one); | |
| 9353 | + | 289.22 (liv) oxymetholone | |
| 9354 | + | 289.23(17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-5[alpha]-androstan-3-one); | |
| 9355 | + | 289.24 (lv) prostanozol (17 beta-hydroxy-5 alpha-androstano[3,2-C]pryazole; | |
| 9356 | + | 289.25 (lvi) stanozolol | |
| 9357 | + | 289.26(17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androst-2-eno[3,2-c]-pyrazole); | |
| 9358 | + | 289.27 (lvii) stenbolone (17[beta]-hydroxy-2-methyl-5[alpha]-androst-1-en-3-one); | |
| 9359 | + | 289.28 (lviii) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone); | |
| 9360 | + | 289Article 8 Sec. 2. | |
| 9361 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 290.1 (lix) testosterone (17[beta]-hydroxyandrost-4-en-3-one); | |
| 9362 | + | 290.2 (lx) tetrahydrogestrinone | |
| 9363 | + | 290.3(13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one); | |
| 9364 | + | 290.4 (lxi) trenbolone (17[beta]-hydroxyestr-4,9,11-trien-3-one); | |
| 9365 | + | 290.5 (lxii) any salt, ester, or ether of a drug or substance described in this paragraph. | |
| 9366 | + | 290.6Anabolic steroids are not included if they are: (A) expressly intended for administration | |
| 9367 | + | 290.7through implants to cattle or other nonhuman species; and (B) approved by the United States | |
| 9368 | + | 290.8Food and Drug Administration for that use; | |
| 9369 | + | 290.9 (2) Human growth hormones. | |
| 9370 | + | 290.10 (3) Chorionic gonadotropin, except that a product containing chorionic gonadotropin is | |
| 9371 | + | 290.11not included if it is: | |
| 9372 | + | 290.12 (i) expressly intended for administration to cattle or other nonhuman species; and | |
| 9373 | + | 290.13 (ii) approved by the United States Food and Drug Administration for that use. | |
| 9374 | + | 290.14 (g) Hallucinogenic substances. Dronabinol (synthetic) in sesame oil and encapsulated | |
| 9375 | + | 290.15in a soft gelatin capsule in a United States Food and Drug Administration approved product. | |
| 9376 | + | 290.16 (h) Any material, compound, mixture, or preparation containing the following narcotic | |
| 9377 | + | 290.17drug or its salt: buprenorphine. | |
| 9378 | + | 290.18 (i) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically | |
| 9379 | + | 290.19excepted or unless listed in another schedule, any natural or synthetic material, compound, | |
| 9380 | + | 290.20mixture, or preparation that contains any quantity of the following substances, their analogs, | |
| 9381 | + | 290.21isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence | |
| 9382 | + | 290.22of the isomers, esters, ethers, or salts is possible: | |
| 9383 | + | 290.23 (1) marijuana; | |
| 9384 | + | 290.24 (2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, except | |
| 9385 | + | 290.25that tetrahydrocannabinols do not include any material, compound, mixture, or preparation | |
| 9386 | + | 290.26that qualifies as industrial hemp as defined in section 18K.02, subdivision 3; synthetic | |
| 9387 | + | 290.27equivalents of the substances contained in the cannabis plant or in the resinous extractives | |
| 9388 | + | 290.28of the plant; or synthetic substances with similar chemical structure and pharmacological | |
| 9389 | + | 290.29activity to those substances contained in the plant or resinous extract, including but not | |
| 9390 | + | 290.30limited to 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4 | |
| 9391 | + | 290.31cis or trans tetrahydrocannabinol. | |
| 9392 | + | 290Article 8 Sec. 2. | |
| 9393 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 291.1 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 9394 | + | 291.2 ARTICLE 9 | |
| 9395 | + | 291.3 IMPLEMENTATION; APPROPRIATIONS; TRANSFER | |
| 9396 | + | 291.4Section 1. OFFICE OF CANNABIS MANAGEMENT; IMPLEMENTATION. | |
| 9397 | + | 291.5 (a) $3,000,000 in fiscal year 2023 is appropriated from the general fund to the | |
| 9398 | + | 291.6commissioner of agriculture for the planning, research, analysis, and other efforts needed | |
| 9399 | + | 291.7to establish the Office of Cannabis Management and transition programs, authorities, and | |
| 9400 | + | 291.8responsibilities contained in Minnesota Statutes, chapter 342, to that office. This is a onetime | |
| 9401 | + | 291.9appropriation and is available until June 30, 2025. | |
| 9402 | + | 291.10 (b) Upon the effective date of this act, the commissioner of agriculture may exercise all | |
| 9403 | + | 291.11authorities and responsibilities granted to the Office of Cannabis Management under | |
| 9404 | + | 291.12Minnesota Statutes, chapter 342, that are necessary to establish the Office of Cannabis | |
| 9405 | + | 291.13Management and transition programs, authorities, and responsibilities to that office. | |
| 9406 | + | 291.14 (c) On or after January 1, 2024, and at such time the Office of Cannabis Management | |
| 9407 | + | 291.15is able to fulfill the powers and duties enumerated in Minnesota Statutes, section 342.02, | |
| 9408 | + | 291.16subdivision 2, the commissioner of agriculture may transfer all or some Minnesota Statutes, | |
| 9409 | + | 291.17chapter 342, programs, authorities, and responsibilities to the Office of Cannabis | |
| 9410 | + | 291.18Management. Upon such transfer, existing contracts, obligations, and funds managed by | |
| 9411 | + | 291.19the commissioner of agriculture that are necessary to administer the transferred programs, | |
| 9412 | + | 291.20authorities, or responsibilities shall be transferred to the Office of Cannabis Management. | |
| 9413 | + | 291.21 (d) To the extent necessary to establish the Office of Cannabis Management and fulfill | |
| 9414 | + | 291.22the powers and duties enumerated in Minnesota Statutes, section 342.02, the commissioner | |
| 9415 | + | 291.23of agriculture and the Office of Cannabis Management are exempt from the requirements | |
| 9416 | + | 291.24of Minnesota Statutes, section 16A.15, subdivision 3, and chapter 16C, and any other state | |
| 9417 | + | 291.25procurement laws, rules, and procedures. This exemption expires on July 1, 2025. | |
| 9418 | + | 291.26 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 9419 | + | 291.27Sec. 2. APPROPRIATIONS; TRANSFER. | |
| 9420 | + | 291.28 Subdivision 1.Office of Cannabis Management.(a) $20,814,000 in fiscal year 2024 | |
| 9421 | + | 291.29and $17,260,000 in fiscal year 2025 are appropriated from the general fund to the Office | |
| 9422 | + | 291.30of Cannabis Management for purposes of this act. The base for this appropriation is | |
| 9423 | + | 291.31$31,787,000 in fiscal year 2026 and $42,344,00 in fiscal year 2027. | |
| 9424 | + | 291Article 9 Sec. 2. | |
| 9425 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 292.1 (b) Of the base established in paragraph (a), $12,000,000 in fiscal year 2026 and | |
| 9426 | + | 292.2$20,000,000 in fiscal year 2027 are for cannabis industry community renewal grants. Of | |
| 9427 | + | 292.3these amounts, up to three percent may be used for administrative expenses. | |
| 9428 | + | 292.4 (c) Of the base established in paragraph (a), $1,000,000 in fiscal year 2026 and $1,000,000 | |
| 9429 | + | 292.5in fiscal year 2027 are for grants issued pursuant to Minnesota Statutes, section 342.73, to | |
| 9430 | + | 292.6eligible organizations to help farmers navigate the regulatory structure of the legal cannabis | |
| 9431 | + | 292.7industry and to nonprofit corporations to fund loans to farmers for expansion into the legal | |
| 9432 | + | 292.8cannabis industry. Of these amounts, up to three percent may be used for administrative | |
| 9433 | + | 292.9expenses. | |
| 9434 | + | 292.10 Subd. 2.Substance use treatment, recovery, and prevention grant account; | |
| 9435 | + | 292.11transfer.Money for substance use treatment, recovery, and prevention is transferred from | |
| 9436 | + | 292.12the general fund to the substance use treatment, recovery, and prevention grant account | |
| 9437 | + | 292.13established under Minnesota Statutes, section 342.72. The transfer is $4,000,000 in fiscal | |
| 9438 | + | 292.14years 2024 and 2025. The base for this transfer is $12,000,000 in fiscal year 2026 and | |
| 9439 | + | 292.15$16,000,000 in fiscal year 2027. | |
| 9440 | + | 292.16 Subd. 3.Office of Cannabis Management; extension and research grants.(a) $100,000 | |
| 9441 | + | 292.17in fiscal year 2024 and $100,000 in fiscal year 2025 are appropriated from the general fund | |
| 9442 | + | 292.18to the Office of Cannabis Management for grants to the University of Minnesota for cannabis | |
| 9443 | + | 292.19genetics and agronomy research. The base for this appropriation is $750,000 in fiscal year | |
| 9444 | + | 292.202026 and beyond. | |
| 9445 | + | 292.21 (b) Projects involving cannabis genetics and agronomy research that are not currently | |
| 9446 | + | 292.22receiving financial support from the University of Minnesota are eligible for grants under | |
| 9447 | + | 292.23this section. Grant money must be used for the creation and maintenance of a University of | |
| 9448 | + | 292.24Minnesota Extension position and a postdoctoral position. | |
| 9449 | + | 292.25 (c) In awarding grants, the Office of Cannabis Management must give priority to | |
| 9450 | + | 292.26applications by researchers who would be eligible to be social equity applicants as defined | |
| 9451 | + | 292.27in Minnesota Statutes, section 342.16. | |
| 9452 | + | 292.28 Subd. 4.Department of Agriculture.$411,000 in fiscal year 2024 and $411,000 in | |
| 9453 | + | 292.29fiscal year 2025 are appropriated from the general fund to the commissioner of agriculture | |
| 9454 | + | 292.30to provide consultation services and assist the Office of Cannabis Management with licensing, | |
| 9455 | + | 292.31inspection, enforcement, laboratory services, surveillance of retail sales, outreach, and grants | |
| 9456 | + | 292.32to farmers, and to perform other duties as required by this act. The base for this appropriation | |
| 9457 | + | 292.33is $338,000 in fiscal year 2026 and beyond. | |
| 9458 | + | 292Article 9 Sec. 2. | |
| 9459 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 293.1 Subd. 5.Attorney General.$358,000 in fiscal year 2024 and $358,000 in fiscal year | |
| 9460 | + | 293.22025 are appropriated from the general fund to the attorney general for costs associated | |
| 9461 | + | 293.3with the Cannabis Expungement Board, including but not limited to reviewing records, | |
| 9462 | + | 293.4conducting interviews, drafting subpoenas, moving the court for orders to compel, and | |
| 9463 | + | 293.5drafting memoranda. The base in fiscal year 2029 and thereafter is $0. | |
| 9464 | + | 293.6 Subd. 6.Cannabis Expungement Board.$4,880,000 in fiscal year 2024 and $4,687,000 | |
| 9465 | + | 293.7in fiscal year 2025 are appropriated from the general fund to the Cannabis Expungement | |
| 9466 | + | 293.8Board for staffing and other expenses related to reviewing criminal convictions and issuing | |
| 9467 | + | 293.9decisions related to expungement and resentencing. The base for this appropriation is | |
| 9468 | + | 293.10$4,687,000 in fiscal years 2026, 2027, and 2028. The base in fiscal year 2029 and thereafter | |
| 9469 | + | 293.11is $0. | |
| 9470 | + | 293.12 Subd. 7.Department of Commerce.$527,000 in fiscal year 2024 and $1,093,000 in | |
| 9471 | + | 293.13fiscal year 2025 are appropriated from the general fund to the commissioner of commerce | |
| 9472 | + | 293.14for the purposes of this act. The base for this appropriation is $1,341,000 in fiscal year 2026 | |
| 9473 | + | 293.15and $1,520,000 in fiscal year 2027. | |
| 9474 | + | 293.16 Subd. 8.Department of Corrections.An appropriation to the commissioner of | |
| 9475 | + | 293.17corrections for correctional institutions is reduced by $165,000 in fiscal year 2024 and | |
| 9476 | + | 293.18$368,000 in fiscal year 2025. The base for this appropriation is reduced by $460,000 in | |
| 9477 | + | 293.19fiscal year 2026 and $503,000 in fiscal year 2027. | |
| 9478 | + | 293.20 Subd. 9.Department of Education.$180,000 in fiscal year 2024 and $120,000 in fiscal | |
| 9479 | + | 293.21year 2025 are appropriated from the general fund to the commissioner of education for the | |
| 9480 | + | 293.22purposes of this act. | |
| 9481 | + | 293.23 Subd. 10.Department of Employment and Economic Development.(a) $10,400,000 | |
| 9482 | + | 293.24in fiscal year 2024 and $6,700,000 in fiscal year 2025 are appropriated from the general | |
| 9483 | + | 293.25fund to the commissioner of employment and economic development for the CanStartup, | |
| 9484 | + | 293.26CanNavigate, and CanTrain programs. Any unencumbered balances remaining in the first | |
| 9485 | + | 293.27year do not cancel but are available for the second year. | |
| 9486 | + | 293.28 (b) Of the amount appropriated under paragraph (a), $4,000,000 in fiscal year 2024 and | |
| 9487 | + | 293.29$2,619,000 in fiscal year 2025 are for the CanStartup program. | |
| 9488 | + | 293.30 (c) Of the amount appropriated under paragraph (a), $2,000,000 in fiscal year 2024 and | |
| 9489 | + | 293.31$1,884,000 in fiscal year 2025 are for the CanNavigate program. | |
| 9490 | + | 293.32 (d) Of the amount appropriated under paragraph (a), $4,400,000 in fiscal year 2024 and | |
| 9491 | + | 293.33$2,197,000 in fiscal year 2025 are for the CanTrain program. | |
| 9492 | + | 293Article 9 Sec. 2. | |
| 9493 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 294.1 (e) Of these amounts, up to four percent may be used for administrative expenses. | |
| 9494 | + | 294.2 Subd. 11.Department of Health.(a) $9,680,000 in fiscal year 2024 and $18,186,000 | |
| 9495 | + | 294.3in fiscal year 2025 are appropriated from the general fund to the commissioner of health | |
| 9496 | + | 294.4for the purposes of this act. | |
| 9497 | + | 294.5 (b) Of the amount appropriated under paragraph (a), $1,674,000 in fiscal year 2024 and | |
| 9498 | + | 294.6$1,674,000 in fiscal year 2025 are for education for women who are pregnant, breastfeeding, | |
| 9499 | + | 294.7or who may become pregnant. Of this amount, $1,000,000 each year is for media campaign | |
| 9500 | + | 294.8contracts. The base for this appropriation is $3,174,000 in fiscal year 2026 and thereafter. | |
| 9501 | + | 294.9Of the amounts appropriated in fiscal year 2026 and thereafter, $2,500,000 is for media | |
| 9502 | + | 294.10campaign contracts. | |
| 9503 | + | 294.11 (c) Of the amount appropriated under paragraph (a), $330,000 in fiscal year 2024 and | |
| 9504 | + | 294.12$277,000 in fiscal year 2025 are for data collection and reports. The base for this | |
| 9505 | + | 294.13appropriation is $227,000 in fiscal year 2026 and $277,000 in fiscal year 2027. | |
| 9506 | + | 294.14 (d) Of the amount appropriated under paragraph (a), $719,000 in fiscal year 2024 and | |
| 9507 | + | 294.15$771,000 in fiscal year 2025 are for testing required by this act. The base for this | |
| 9508 | + | 294.16appropriation is $690,000 in fiscal year 2026 and thereafter. | |
| 9509 | + | 294.17 (e) Of the amount appropriated under paragraph (a), $2,998,000 in fiscal year 2024 and | |
| 9510 | + | 294.18$2,998,000 in fiscal year 2025 are for education for youth. Of this amount, $1,000,000 each | |
| 9511 | + | 294.19year is for statewide youth awareness campaign contracts. The base for this appropriation | |
| 9512 | + | 294.20is $4,498,000 in fiscal year 2026 and thereafter. Of the amounts in fiscal year 2026 and | |
| 9513 | + | 294.21thereafter, $2,500,000 is for media campaign contracts. | |
| 9514 | + | 294.22 (f) Of the amount appropriated under paragraph (a), $9,000,000 in fiscal year 2025 is | |
| 9515 | + | 294.23for grants to local health departments for: (1) creation and dissemination of educational | |
| 9516 | + | 294.24materials on cannabis flower, cannabis products, lower-potency hemp edibles, and | |
| 9517 | + | 294.25hemp-derived consumer products; and (2) community education, technical assistance, and | |
| 9518 | + | 294.26outreach on prevention and safe use regarding cannabis flower, cannabis products, | |
| 9519 | + | 294.27lower-potency hemp edibles, and hemp-derived consumer products. The commissioner shall | |
| 9520 | + | 294.28distribute these grants according to a contract with the Local Public Health Association of | |
| 9521 | + | 294.29Minnesota. Of the appropriations in this paragraph, the commissioner may withhold up to | |
| 9522 | + | 294.30ten percent for grant administration and technical assistance to local health departments. | |
| 9523 | + | 294.31 (g) Of the amount appropriated under paragraph (a), $1,000,000 in fiscal year 2025 is | |
| 9524 | + | 294.32for grants to Tribal health departments for: (1) creation and dissemination of educational | |
| 9525 | + | 294.33materials on cannabis flower, cannabis products, lower-potency hemp edibles, and | |
| 9526 | + | 294.34hemp-derived consumer products; and (2) community education, technical assistance, and | |
| 9527 | + | 294Article 9 Sec. 2. | |
| 9528 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 295.1outreach on prevention and safe use regarding cannabis flower, cannabis products, | |
| 9529 | + | 295.2lower-potency hemp edibles, and hemp-derived consumer products. Of the appropriations | |
| 9530 | + | 295.3in this paragraph, the commissioner may withhold up to ten percent for grant administration | |
| 9531 | + | 295.4and technical assistance to Tribal health departments. | |
| 9532 | + | 295.5 Subd. 12.Department of Health; Minnesota Poison Control System.$910,000 in | |
| 9533 | + | 295.6fiscal year 2024 and $810,000 in fiscal year 2025 are appropriated from the general fund | |
| 9534 | + | 295.7to the commissioner of health to support the Poison Control System and award or supplement | |
| 9535 | + | 295.8grants pursuant to Minnesota Statutes, section 145.93. | |
| 9536 | + | 295.9 Subd. 13.Department of Human Services.(a) $1,566,000 in fiscal year 2024 and | |
| 9537 | + | 295.10$1,420,000 in fiscal year 2025 are appropriated from the general fund to the commissioner | |
| 9538 | + | 295.11of human services for the purposes of this act. The base for this appropriation is $1,420,000 | |
| 9539 | + | 295.12in fiscal years 2026, 2027, and 2028. The base in fiscal year 2029 and thereafter is $225,000. | |
| 9540 | + | 295.13 (b) Of the amount appropriated under paragraph (a), $1,043,000 in fiscal year 2024 and | |
| 9541 | + | 295.14$1,195,000 in fiscal year 2025 are for the Background Studies Legal Division. The base for | |
| 9542 | + | 295.15this appropriation is $1,195,000 in fiscal years 2026, 2027, and 2028. The base in fiscal | |
| 9543 | + | 295.16year 2029 and thereafter is $0. | |
| 9544 | + | 295.17 (c) Of the amount appropriated under paragraph (a), $322,000 in fiscal year 2024 is for | |
| 9545 | + | 295.18technology system changes. This is a onetime appropriation. | |
| 9546 | + | 295.19 (d) Of the amount appropriated under paragraph (a), $201,000 in fiscal year 2024 and | |
| 9547 | + | 295.20$225,000 in fiscal year 2025 are for costs associated with the Substance Use Disorder | |
| 9548 | + | 295.21Advisory Council. | |
| 9549 | + | 295.22 Subd. 14.Department of Labor and Industry.$116,000 in fiscal year 2024 and | |
| 9550 | + | 295.23$123,000 in fiscal year 2025 are appropriated from the general fund to the commissioner | |
| 9551 | + | 295.24of labor and industry to identify occupational competency standards and provide technical | |
| 9552 | + | 295.25assistance for developing dual-training programs under Minnesota Statutes, section 175.45, | |
| 9553 | + | 295.26for the legal cannabis industry. | |
| 9554 | + | 295.27 Subd. 15.Department of Natural Resources.$338,000 in fiscal year 2024 is | |
| 9555 | + | 295.28appropriated from the general fund to the commissioner of natural resources for the purposes | |
| 9556 | + | 295.29of this act. This is a onetime appropriation. | |
| 9557 | + | 295.30 Subd. 16.Office of Higher Education.$1,000,000 in fiscal year 2024 and $1,000,000 | |
| 9558 | + | 295.31in fiscal year 2025 are appropriated from the general fund to the commissioner of higher | |
| 9559 | + | 295.32education for transfer to the dual training account in the special revenue fund under Minnesota | |
| 9560 | + | 295.33Statutes, section 136A.246, subdivision 10, for grants to employers in the legal cannabis | |
| 9561 | + | 295Article 9 Sec. 2. | |
| 9562 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 296.1industry. The commissioner shall give priority to applications from employers who are, or | |
| 9563 | + | 296.2who are training employees who are, eligible to be social equity applicants under Minnesota | |
| 9564 | + | 296.3Statutes, section 342.16. After June 30, 2025, any unencumbered balance from this | |
| 9565 | + | 296.4appropriation may be used for grants to any eligible employer under Minnesota Statutes, | |
| 9566 | + | 296.5section 136A.246. | |
| 9567 | + | 296.6 Subd. 17.Pollution Control Agency.(a) $140,000 in fiscal year 2024 and $70,000 in | |
| 9568 | + | 296.7fiscal year 2025 are appropriated from the general fund to the commissioner of the Pollution | |
| 9569 | + | 296.8Control Agency for the purposes of this act. | |
| 9570 | + | 296.9 (b) Of the amount appropriated under paragraph (a), $70,000 in fiscal year 2024 is for | |
| 9571 | + | 296.10wastewater staff. This is a onetime appropriation. | |
| 9572 | + | 296.11 (c) Of the amount appropriated under paragraph (a), $70,000 in fiscal year 2024 and | |
| 9573 | + | 296.12$70,000 in fiscal year 2025 are for small business assistance staff. | |
| 9574 | + | 296.13 Subd. 18.Department of Public Safety; Bureau of Criminal Apprehension.(a) | |
| 9575 | + | 296.14$7,945,000 in fiscal year 2024 and $4,543,000 in fiscal year 2025 are appropriated from | |
| 9576 | + | 296.15the general fund to the commissioner of public safety for use by the Bureau of Criminal | |
| 9577 | + | 296.16Apprehension. The base for this appropriation is $3,551,000 in fiscal years 2026, 2027, and | |
| 9578 | + | 296.172028. The base in fiscal year 2029 and thereafter is $1,495,000. | |
| 9579 | + | 296.18 (b) Of the amount appropriated under paragraph (a), $992,000 in fiscal year 2024 and | |
| 9580 | + | 296.19$992,000 in fiscal year 2025 are for expenses related to identifying and providing records | |
| 9581 | + | 296.20of convictions for certain offenses involving the possession of cannabis that may be eligible | |
| 9582 | + | 296.21for expungement and resentencing. The base for this appropriation is $992,000 in fiscal | |
| 9583 | + | 296.22years 2026, 2027, and 2028. The base in fiscal year 2029 and thereafter is $0. | |
| 9584 | + | 296.23 (c) Of the amount appropriated under paragraph (a), $1,766,000 in fiscal year 2024 and | |
| 9585 | + | 296.24$1,240,000 in fiscal year 2025 are for forensic science services including additional staff, | |
| 9586 | + | 296.25equipment, and supplies. | |
| 9587 | + | 296.26 (d) Of the amount appropriated under paragraph (a), $255,000 in fiscal year 2024 and | |
| 9588 | + | 296.27$255,000 in fiscal year 2025 are for investigation of diversion crimes. | |
| 9589 | + | 296.28 Subd. 19.Department of Public Safety; Office of Traffic Safety.(a) $1,620,000 in | |
| 9590 | + | 296.29fiscal year 2024 and $1,117,000 in fiscal year 2025 are appropriated from the general fund | |
| 9591 | + | 296.30to the commissioner of public safety for use by the Office of Traffic Safety. | |
| 9592 | + | 296.31 (b) Of the amount appropriated under paragraph (a), $125,000 in fiscal year 2024 and | |
| 9593 | + | 296.32$125,000 in fiscal year 2025 are for a statewide impaired driving coordinator with a specific | |
| 9594 | + | 296.33focus on cannabis and other drug driving issues. | |
| 9595 | + | 296Article 9 Sec. 2. | |
| 9596 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 297.1 (c) Of the amount appropriated under paragraph (a), $1,495,000 in fiscal year 2024 and | |
| 9597 | + | 297.2$992,000 in fiscal year 2025 are to support oral fluid roadside testing. | |
| 9598 | + | 297.3 Subd. 20.Department of Public Safety; State Patrol.$6,157,000 in fiscal year 2024 | |
| 9599 | + | 297.4and $2,218,000 in fiscal year 2025 are appropriated from the trunk highway fund to the | |
| 9600 | + | 297.5commissioner of public safety for use by the Minnesota State Patrol for the purposes of this | |
| 9601 | + | 297.6act, including but not limited to replacing drug detection canines, providing accident | |
| 9602 | + | 297.7reconstruction services, identifying and investigating incidents and offenses that involve | |
| 9603 | + | 297.8driving under the influence, and sealing expunged records. | |
| 9604 | + | 297.9 Subd. 21.Department of Public Safety; State Patrol.$10,000,000 in fiscal year 2024 | |
| 9605 | + | 297.10and $5,000,000 in fiscal year 2025 are appropriated from the general fund to the Minnesota | |
| 9606 | + | 297.11State Patrol for its drug evaluation and classification program for drug recognition evaluator | |
| 9607 | + | 297.12training; additional phlebotomists; drug recognition training for peace officers, as defined | |
| 9608 | + | 297.13in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c); and required continuing | |
| 9609 | + | 297.14education training for drug recognition experts. | |
| 9610 | + | 297.15 Subd. 22.Department of Revenue.$3,709,000 in fiscal year 2024 and $3,145,000 in | |
| 9611 | + | 297.16fiscal year 2025 are appropriated from the general fund to the commissioner of revenue for | |
| 9612 | + | 297.17the purposes of this act. The base for this appropriation is $3,157,000 in fiscal year 2026 | |
| 9613 | + | 297.18and beyond. | |
| 9614 | + | 297.19 Subd. 23.Supreme court.$545,000 in fiscal year 2024 and $545,000 in fiscal year | |
| 9615 | + | 297.202025 are appropriated from the general fund to the supreme court for reviewing records and | |
| 9616 | + | 297.21issuing orders related to the expungement or resentencing of certain cannabis offenses. The | |
| 9617 | + | 297.22base for this appropriation is $0 in fiscal year 2026 and thereafter. | |
| 9618 | + | 297.23 ARTICLE 10 | |
| 9619 | + | 297.24 GRANTS MANAGEMENT | |
| 9620 | + | 297.25Section 1. FINANCIAL REVIEW OF NONPROFIT GRANT RECIPIENTS | |
| 9621 | + | 297.26REQUIRED. | |
| 9622 | + | 297.27 Subdivision 1.Financial review required.(a) Before awarding a competitive, | |
| 9623 | + | 297.28legislatively named, single-source, or sole-source grant to a nonprofit organization under | |
| 9624 | + | 297.29this act, the grantor must require the applicant to submit financial information sufficient for | |
| 9625 | + | 297.30the grantor to document and assess the applicant's current financial standing and management. | |
| 9626 | + | 297.31Items of significant concern must be addressed with the applicant and resolved to the | |
| 9627 | + | 297.32satisfaction of the grantor before a grant is awarded. The grantor must document the material | |
| 9628 | + | 297.33requested and reviewed; whether the applicant had a significant operating deficit, a deficit | |
| 9629 | + | 297Article 10 Section 1. | |
| 9630 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 298.1in unrestricted net assets, or insufficient internal controls; whether and how the applicant | |
| 9631 | + | 298.2resolved the grantor's concerns; and the grantor's final decision. This documentation must | |
| 9632 | + | 298.3be maintained in the grantor's files. | |
| 9633 | + | 298.4 (b) At a minimum, the grantor must require each applicant to provide the following | |
| 9634 | + | 298.5information: | |
| 9635 | + | 298.6 (1) the applicant's most recent Form 990, Form 990-EZ, or Form 990-N filed with the | |
| 9636 | + | 298.7Internal Revenue Service. If the applicant has not been in existence long enough or is not | |
| 9637 | + | 298.8required to file Form 990, Form 990-EZ, or Form 990-N, the applicant must demonstrate | |
| 9638 | + | 298.9to the grantor that the applicant is exempt and must instead submit documentation of internal | |
| 9639 | + | 298.10controls and the applicant's most recent financial statement prepared in accordance with | |
| 9640 | + | 298.11generally accepted accounting principles and approved by the applicant's board of directors | |
| 9641 | + | 298.12or trustees, or if there is no such board, by the applicant's managing group; | |
| 9642 | + | 298.13 (2) evidence of registration and good standing with the secretary of state under Minnesota | |
| 9643 | + | 298.14Statutes, chapter 317A, or other applicable law; | |
| 9644 | + | 298.15 (3) unless exempt under Minnesota Statutes, section 309.515, evidence of registration | |
| 9645 | + | 298.16and good standing with the attorney general under Minnesota Statutes, chapter 309; and | |
| 9646 | + | 298.17 (4) if required under Minnesota Statutes, section 309.53, subdivision 3, the applicant's | |
| 9647 | + | 298.18most recent audited financial statement prepared in accordance with generally accepted | |
| 9648 | + | 298.19accounting principles. | |
| 9649 | + | 298.20 Subd. 2.Authority to postpone or forgo; reporting required.(a) Notwithstanding | |
| 9650 | + | 298.21any contrary provision in this act, a grantor that identifies an area of significant concern | |
| 9651 | + | 298.22regarding the financial standing or management of a legislatively named applicant may | |
| 9652 | + | 298.23postpone or forgo awarding the grant. | |
| 9653 | + | 298.24 (b) No later than 30 days after a grantor exercises the authority provided under paragraph | |
| 9654 | + | 298.25(a), the grantor must report to the chairs and ranking minority members of the legislative | |
| 9655 | + | 298.26committees with jurisdiction over the grantor's operating budget. The report must identify | |
| 9656 | + | 298.27the legislatively named applicant and the grantor's reason for postponing or forgoing the | |
| 9657 | + | 298.28grant. | |
| 9658 | + | 298.29 Subd. 3.Authority to award subject to additional assistance and oversight.A grantor | |
| 9659 | + | 298.30that identifies an area of significant concern regarding an applicant's financial standing or | |
| 9660 | + | 298.31management may award a grant to the applicant if the grantor provides or the grantee | |
| 9661 | + | 298.32otherwise obtains additional technical assistance, as needed, and the grantor imposes | |
| 9662 | + | 298.33additional requirements in the grant agreement. Additional requirements may include but | |
| 9663 | + | 298Article 10 Section 1. | |
| 9664 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 299.1are not limited to enhanced monitoring, additional reporting, or other reasonable requirements | |
| 9665 | + | 299.2imposed by the grantor to protect the interests of the state. | |
| 9666 | + | 299.3 Subd. 4.Relation to other law and policy.The requirements in this section are in | |
| 9667 | + | 299.4addition to any other requirements imposed by law; the commissioner of administration | |
| 9668 | + | 299.5under Minnesota Statutes, sections 16B.97 and 16B.98; or agency policy. | |
| 9669 | + | 299Article 10 Section 1. | |
| 9670 | + | REVISOR BD H0100-11HF100 ELEVENTH ENGROSSMENT 151.72 SALE OF CERTAIN CANNABINOID PRODUCTS. | |
| 9671 | + | Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have the | |
| 9672 | + | meanings given. | |
| 9673 | + | (b) "Certified hemp" means hemp plants that have been tested and found to meet the requirements | |
| 9674 | + | of chapter 18K and the rules adopted thereunder. | |
| 9675 | + | (c) "Edible cannabinoid product" means any product that is intended to be eaten or consumed | |
| 9676 | + | as a beverage by humans, contains a cannabinoid in combination with food ingredients, and is not | |
| 9677 | + | a drug. | |
| 9678 | + | (d) "Hemp" has the meaning given to "industrial hemp" in section 18K.02, subdivision 3. | |
| 9679 | + | (e) "Label" has the meaning given in section 151.01, subdivision 18. | |
| 9680 | + | (f) "Labeling" means all labels and other written, printed, or graphic matter that are: | |
| 9681 | + | (1) affixed to the immediate container in which a product regulated under this section is sold; | |
| 9682 | + | (2) provided, in any manner, with the immediate container, including but not limited to outer | |
| 9683 | + | containers, wrappers, package inserts, brochures, or pamphlets; or | |
| 9684 | + | (3) provided on that portion of a manufacturer's website that is linked by a scannable barcode | |
| 9685 | + | or matrix barcode. | |
| 9686 | + | (g) "Matrix barcode" means a code that stores data in a two-dimensional array of geometrically | |
| 9687 | + | shaped dark and light cells capable of being read by the camera on a smartphone or other mobile | |
| 9688 | + | device. | |
| 9689 | + | (h) "Nonintoxicating cannabinoid" means substances extracted from certified hemp plants that | |
| 9690 | + | do not produce intoxicating effects when consumed by any route of administration. | |
| 9691 | + | Subd. 2.Scope.(a) This section applies to the sale of any product that contains cannabinoids | |
| 9692 | + | extracted from hemp and that is an edible cannabinoid product or is intended for human or animal | |
| 9693 | + | consumption by any route of administration. | |
| 9694 | + | (b) This section does not apply to any product dispensed by a registered medical cannabis | |
| 9695 | + | manufacturer pursuant to sections 152.22 to 152.37. | |
| 9696 | + | (c) The board must have no authority over food products, as defined in section 34A.01, | |
| 9697 | + | subdivision 4, that do not contain cannabinoids extracted or derived from hemp. | |
| 9698 | + | Subd. 3.Sale of cannabinoids derived from hemp.(a) Notwithstanding any other section of | |
| 9699 | + | this chapter, a product containing nonintoxicating cannabinoids, including an edible cannabinoid | |
| 9700 | + | product, may be sold for human or animal consumption only if all of the requirements of this section | |
| 9701 | + | are met, provided that a product sold for human or animal consumption does not contain more than | |
| 9702 | + | 0.3 percent of any tetrahydrocannabinol and an edible cannabinoid product does not contain an | |
| 9703 | + | amount of any tetrahydrocannabinol that exceeds the limits established in subdivision 5a, paragraph | |
| 9704 | + | (f). | |
| 9705 | + | (b) No other substance extracted or otherwise derived from hemp may be sold for human | |
| 9706 | + | consumption if the substance is intended: | |
| 9707 | + | (1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention of | |
| 9708 | + | disease in humans or other animals; or | |
| 9709 | + | (2) to affect the structure or any function of the bodies of humans or other animals. | |
| 9710 | + | (c) No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise | |
| 9711 | + | derived from hemp may be sold to any individual who is under the age of 21. | |
| 9712 | + | (d) Products that meet the requirements of this section are not controlled substances under | |
| 9713 | + | section 152.02. | |
| 9714 | + | Subd. 4.Testing requirements.(a) A manufacturer of a product regulated under this section | |
| 9715 | + | must submit representative samples of the product to an independent, accredited laboratory in order | |
| 9716 | + | to certify that the product complies with the standards adopted by the board. Testing must be | |
| 9717 | + | consistent with generally accepted industry standards for herbal and botanical substances, and, at | |
| 9718 | + | a minimum, the testing must confirm that the product: | |
| 9719 | + | (1) contains the amount or percentage of cannabinoids that is stated on the label of the product; | |
| 9720 | + | 1R | |
| 9721 | + | APPENDIX | |
| 9722 | + | Repealed Minnesota Statutes: H0100-11 (2) does not contain more than trace amounts of any mold, residual solvents, pesticides, fertilizers, | |
| 9723 | + | or heavy metals; and | |
| 9724 | + | (3) does not contain more than 0.3 percent of any tetrahydrocannabinol. | |
| 9725 | + | (b) Upon the request of the board, the manufacturer of the product must provide the board with | |
| 9726 | + | the results of the testing required in this section. | |
| 9727 | + | (c) Testing of the hemp from which the nonintoxicating cannabinoid was derived, or possession | |
| 9728 | + | of a certificate of analysis for such hemp, does not meet the testing requirements of this section. | |
| 9729 | + | Subd. 5.Labeling requirements.(a) A product regulated under this section must bear a label | |
| 9730 | + | that contains, at a minimum: | |
| 9731 | + | (1) the name, location, contact phone number, and website of the manufacturer of the product; | |
| 9732 | + | (2) the name and address of the independent, accredited laboratory used by the manufacturer | |
| 9733 | + | to test the product; and | |
| 9734 | + | (3) an accurate statement of the amount or percentage of cannabinoids found in each unit of the | |
| 9735 | + | product meant to be consumed. | |
| 9736 | + | (b) The information in paragraph (a) may be provided on an outer package if the immediate | |
| 9737 | + | container that holds the product is too small to contain all of the information. | |
| 9738 | + | (c) The information required in paragraph (a) may be provided through the use of a scannable | |
| 9739 | + | barcode or matrix barcode that links to a page on the manufacturer's website if that page contains | |
| 9740 | + | all of the information required by this subdivision. | |
| 9741 | + | (d) The label must also include a statement stating that the product does not claim to diagnose, | |
| 9742 | + | treat, cure, or prevent any disease and has not been evaluated or approved by the United States | |
| 9743 | + | Food and Drug Administration (FDA) unless the product has been so approved. | |
| 9744 | + | (e) The information required by this subdivision must be prominently and conspicuously placed | |
| 9745 | + | on the label or displayed on the website in terms that can be easily read and understood by the | |
| 9746 | + | consumer. | |
| 9747 | + | (f) The labeling must not contain any claim that the product may be used or is effective for the | |
| 9748 | + | prevention, treatment, or cure of a disease or that it may be used to alter the structure or function | |
| 9749 | + | of human or animal bodies, unless the claim has been approved by the FDA. | |
| 9750 | + | Subd. 5a.Additional requirements for edible cannabinoid products.(a) In addition to the | |
| 9751 | + | testing and labeling requirements under subdivisions 4 and 5, an edible cannabinoid must meet the | |
| 9752 | + | requirements of this subdivision. | |
| 9753 | + | (b) An edible cannabinoid product must not: | |
| 9754 | + | (1) bear the likeness or contain cartoon-like characteristics of a real or fictional person, animal, | |
| 9755 | + | or fruit that appeals to children; | |
| 9756 | + | (2) be modeled after a brand of products primarily consumed by or marketed to children; | |
| 9757 | + | (3) be made by applying an extracted or concentrated hemp-derived cannabinoid to a | |
| 9758 | + | commercially available candy or snack food item; | |
| 9759 | + | (4) contain an ingredient, other than a hemp-derived cannabinoid, that is not approved by the | |
| 9760 | + | United States Food and Drug Administration for use in food; | |
| 9761 | + | (5) be packaged in a way that resembles the trademarked, characteristic, or product-specialized | |
| 9762 | + | packaging of any commercially available food product; or | |
| 9763 | + | (6) be packaged in a container that includes a statement, artwork, or design that could reasonably | |
| 9764 | + | mislead any person to believe that the package contains anything other than an edible cannabinoid | |
| 9765 | + | product. | |
| 9766 | + | (c) An edible cannabinoid product must be prepackaged in packaging or a container that is | |
| 9767 | + | child-resistant, tamper-evident, and opaque or placed in packaging or a container that is | |
| 9768 | + | child-resistant, tamper-evident, and opaque at the final point of sale to a customer. The requirement | |
| 9769 | + | that packaging be child-resistant does not apply to an edible cannabinoid product that is intended | |
| 9770 | + | to be consumed as a beverage and which contains no more than a trace amount of any | |
| 9771 | + | tetrahydrocannabinol. | |
| 9772 | + | 2R | |
| 9773 | + | APPENDIX | |
| 9774 | + | Repealed Minnesota Statutes: H0100-11 (d) If an edible cannabinoid product is intended for more than a single use or contains multiple | |
| 9775 | + | servings, each serving must be indicated by scoring, wrapping, or other indicators designating the | |
| 9776 | + | individual serving size. | |
| 9777 | + | (e) A label containing at least the following information must be affixed to the packaging or | |
| 9778 | + | container of all edible cannabinoid products sold to consumers: | |
| 9779 | + | (1) the serving size; | |
| 9780 | + | (2) the cannabinoid profile per serving and in total; | |
| 9781 | + | (3) a list of ingredients, including identification of any major food allergens declared by name; | |
| 9782 | + | and | |
| 9783 | + | (4) the following statement: "Keep this product out of reach of children." | |
| 9784 | + | (f) An edible cannabinoid product must not contain more than five milligrams of any | |
| 9785 | + | tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any | |
| 9786 | + | tetrahydrocannabinol per package. | |
| 9787 | + | Subd. 6.Enforcement.(a) A product regulated under this section, including an edible | |
| 9788 | + | cannabinoid product, shall be considered an adulterated drug if: | |
| 9789 | + | (1) it consists, in whole or in part, of any filthy, putrid, or decomposed substance; | |
| 9790 | + | (2) it has been produced, prepared, packed, or held under unsanitary conditions where it may | |
| 9791 | + | have been rendered injurious to health, or where it may have been contaminated with filth; | |
| 9792 | + | (3) its container is composed, in whole or in part, of any poisonous or deleterious substance | |
| 9793 | + | that may render the contents injurious to health; | |
| 9794 | + | (4) it contains any food additives, color additives, or excipients that have been found by the | |
| 9795 | + | FDA to be unsafe for human or animal consumption; | |
| 9796 | + | (5) it contains an amount or percentage of nonintoxicating cannabinoids that is different than | |
| 9797 | + | the amount or percentage stated on the label; | |
| 9798 | + | (6) it contains more than 0.3 percent of any tetrahydrocannabinol or, if the product is an edible | |
| 9799 | + | cannabinoid product, an amount of tetrahydrocannabinol that exceeds the limits established in | |
| 9800 | + | subdivision 5a, paragraph (f); or | |
| 9801 | + | (7) it contains more than trace amounts of mold, residual solvents, pesticides, fertilizers, or | |
| 9802 | + | heavy metals. | |
| 9803 | + | (b) A product regulated under this section shall be considered a misbranded drug if the product's | |
| 9804 | + | labeling is false or misleading in any manner or in violation of the requirements of this section. | |
| 9805 | + | (c) The board's authority to issue cease and desist orders under section 151.06; to embargo | |
| 9806 | + | adulterated and misbranded drugs under section 151.38; and to seek injunctive relief under section | |
| 9807 | + | 214.11, extends to any violation of this section. | |
| 9808 | + | 152.027 OTHER CONTROLLED SUBSTANCE OFFENSES. | |
| 9809 | + | Subd. 3.Possession of marijuana in a motor vehicle.A person is guilty of a misdemeanor if | |
| 9810 | + | the person is the owner of a private motor vehicle, or is the driver of the motor vehicle if the owner | |
| 9811 | + | is not present, and possesses on the person, or knowingly keeps or allows to be kept within the area | |
| 9812 | + | of the vehicle normally occupied by the driver or passengers, more than 1.4 grams of marijuana. | |
| 9813 | + | This area of the vehicle does not include the trunk of the motor vehicle if the vehicle is equipped | |
| 9814 | + | with a trunk, or another area of the vehicle not normally occupied by the driver or passengers if the | |
| 9815 | + | vehicle is not equipped with a trunk. A utility or glove compartment is deemed to be within the | |
| 9816 | + | area occupied by the driver and passengers. | |
| 9817 | + | Subd. 4.Possession or sale of small amounts of marijuana.(a) A person who unlawfully | |
| 9818 | + | sells a small amount of marijuana for no remuneration, or who unlawfully possesses a small amount | |
| 9819 | + | of marijuana is guilty of a petty misdemeanor and shall be required to participate in a drug education | |
| 9820 | + | program unless the court enters a written finding that a drug education program is inappropriate. | |
| 9821 | + | The program must be approved by an area mental health board with a curriculum approved by the | |
| 9822 | + | state alcohol and drug abuse authority. | |
| 9823 | + | (b) A person convicted of an unlawful sale under paragraph (a) who is subsequently convicted | |
| 9824 | + | of an unlawful sale under paragraph (a) within two years is guilty of a misdemeanor and shall be | |
| 9825 | + | 3R | |
| 9826 | + | APPENDIX | |
| 9827 | + | Repealed Minnesota Statutes: H0100-11 required to participate in a chemical dependency evaluation and treatment if so indicated by the | |
| 9828 | + | evaluation. | |
| 9829 | + | (c) A person who is convicted of a petty misdemeanor under paragraph (a) who willfully and | |
| 9830 | + | intentionally fails to comply with the sentence imposed, is guilty of a misdemeanor. Compliance | |
| 9831 | + | with the terms of the sentence imposed before conviction under this paragraph is an absolute defense. | |
| 9832 | + | 152.21 THC THERAPEUTIC RESEARCH ACT. | |
| 9833 | + | Subdivision 1.Findings and purpose.The legislature finds that scientific literature indicates | |
| 9834 | + | promise for delta-9-tetrahydro-cannabinol (THC), the active component of marijuana, in alleviating | |
| 9835 | + | certain side effects of cancer chemotherapy under strictly controlled medical circumstances. | |
| 9836 | + | The legislature also finds that further research and strictly controlled experimentation regarding | |
| 9837 | + | the therapeutic use of THC is necessary and desirable. The intent of this section is to establish an | |
| 9838 | + | extensive research program to investigate and report on the therapeutic effects of THC under strictly | |
| 9839 | + | controlled circumstances in compliance with all federal laws and regulations promulgated by the | |
| 9840 | + | federal Food and Drug Administration, the National Institute on Drug Abuse and the Drug | |
| 9841 | + | Enforcement Administration. The intent of the legislature is to allow this research program the | |
| 9842 | + | greatest possible access to qualified cancer patients residing in Minnesota who meet protocol | |
| 9843 | + | requirements. The establishment of this research program is not intended in any manner whatsoever | |
| 9844 | + | to condone or promote the illicit recreational use of marijuana. | |
| 9845 | + | Subd. 2.Definitions.For purposes of this section, the following terms shall have the meanings | |
| 9846 | + | given. | |
| 9847 | + | (a) "Commissioner" means the commissioner of health. | |
| 9848 | + | (b) "Marijuana" means marijuana as defined in section 152.01, subdivision 9, and | |
| 9849 | + | delta-9-tetrahydro-cannabinol (THC), tetrahydrocannabinols or a chemical derivative of | |
| 9850 | + | tetrahydrocannabinols, and all species of the genus Cannabis. | |
| 9851 | + | (c) "Principal investigator" means the individual responsible for the medical and scientific | |
| 9852 | + | aspects of the research, development of protocol, and contacting and qualifying the clinical | |
| 9853 | + | investigators in the state. | |
| 9854 | + | (d) "Clinical investigators" means those individuals who conduct the clinical trials. | |
| 9855 | + | (e) "Sponsor" means that individual or organization who, acting on behalf of the state, has the | |
| 9856 | + | total responsibility for the state program. | |
| 9857 | + | Subd. 3.Research grant.The commissioner of health shall grant funds to the principal | |
| 9858 | + | investigator selected by the commissioner pursuant to subdivision 4 for the purpose of conducting | |
| 9859 | + | a research program under a protocol approved by the FDA regarding the therapeutic use of oral | |
| 9860 | + | THC and other dosage forms, if available, according to the guidelines and requirements of the | |
| 9861 | + | federal Food and Drug Administration, the Drug Enforcement Administration and the National | |
| 9862 | + | Institute on Drug Abuse. The commissioner shall ensure that the research principal investigator | |
| 9863 | + | complies with the requirements of subdivision 5. The commissioner may designate the principal | |
| 9864 | + | investigator as the sponsor. | |
| 9865 | + | Subd. 4.Principal investigator.Within three months of April 25, 1980, the commissioner | |
| 9866 | + | shall, in consultation with a representative chosen by the state Board of Pharmacy and a representative | |
| 9867 | + | chosen by the state Board of Medical Examiners, select a person or research organization to be the | |
| 9868 | + | principal investigator of the research program. | |
| 9869 | + | Subd. 5.Duties.The principal investigator shall: | |
| 9870 | + | (1) apply to the Food and Drug Administration for a notice of "Claimed Investigational | |
| 9871 | + | Exemption for a New Drug (IND)" pursuant to the Federal Food, Drug and Cosmetic Act, United | |
| 9872 | + | States Code, title 21, section 301, et seq., and shall comply with all applicable laws and regulations | |
| 9873 | + | of the federal Food and Drug Administration, the Drug Enforcement Administration, and the National | |
| 9874 | + | Institute on Drug Abuse in establishing the program; | |
| 9875 | + | (2) notify every oncologist in the state of the program, explain the purposes and requirements | |
| 9876 | + | of the program to them, provide on request each of them with a copy of the approved protocol which | |
| 9877 | + | shall include summaries of current papers in medical journals reporting on research concerning the | |
| 9878 | + | safety, efficacy and appropriate use of THC in alleviating the nausea and emetic effects of cancer | |
| 9879 | + | chemotherapy, and provide on request each of them with a bibliography of other articles published | |
| 9880 | + | in medical journals; | |
| 9881 | + | 4R | |
| 9882 | + | APPENDIX | |
| 9883 | + | Repealed Minnesota Statutes: H0100-11 (3) allow each oncologist (clinical investigator) in the state who meets or agrees to meet all | |
| 9884 | + | applicable federal requirements for investigational new drug research and who so requests to be | |
| 9885 | + | included in the research program as a clinical investigator to conduct the clinical trials; | |
| 9886 | + | (4) provide explanatory information and assistance to each clinical investigator in understanding | |
| 9887 | + | the nature of therapeutic use of THC within program requirements, including the informed consent | |
| 9888 | + | document contained in the protocol, informing and counseling patients involved in the program | |
| 9889 | + | regarding the appropriate use and the effects of therapeutic use of THC; | |
| 9890 | + | (5) apply to contract with the National Institute on Drug Abuse for receipt of dosage forms of | |
| 9891 | + | THC, fully characterized as to contents and delivery to the human system, pursuant to regulations | |
| 9892 | + | promulgated by the National Institute on Drug Abuse, and the federal Food and Drug Administration. | |
| 9893 | + | The principal investigator shall ensure delivery of the THC dosages to clinical investigators as | |
| 9894 | + | needed for participation in the program; | |
| 9895 | + | (6) conduct the research program in compliance with federal laws and regulations promulgated | |
| 9896 | + | by the federal Food and Drug Administration, the Drug Enforcement Administration, the National | |
| 9897 | + | Institute on Drug Abuse, and the purposes and provisions of this section; | |
| 9898 | + | (7) submit periodic reports as determined by the commissioner on the numbers of oncologists | |
| 9899 | + | and patients involved in the program and the results of the program; | |
| 9900 | + | (8) submit reports on intermediate or final research results, as appropriate, to the major scientific | |
| 9901 | + | journals in the United States; and | |
| 9902 | + | (9) otherwise comply with the provisions of this section. | |
| 9903 | + | Subd. 6.Exemption from criminal sanctions.For the purposes of this section, the following | |
| 9904 | + | are not violations under this chapter: | |
| 9905 | + | (1) use or possession of THC, or both, by a patient in the research program; | |
| 9906 | + | (2) possession, prescribing use of, administering, or dispensing THC, or any combination of | |
| 9907 | + | these actions, by the principal investigator or by any clinical investigator; and | |
| 9908 | + | (3) possession or distribution of THC, or both, by a pharmacy registered to handle Schedule I | |
| 9909 | + | substances which stores THC on behalf of the principal investigator or a clinical investigator. | |
| 9910 | + | THC obtained and distributed pursuant to this section is not subject to forfeiture under sections | |
| 9911 | + | 609.531 to 609.5316. | |
| 9912 | + | For the purposes of this section, THC is removed from Schedule I contained in section 152.02, | |
| 9913 | + | subdivision 2, and inserted in Schedule II contained in section 152.02, subdivision 3. | |
| 9914 | + | Subd. 7.Citation.This section may be cited as the "THC Therapeutic Research Act." | |
| 9915 | + | 152.22 DEFINITIONS. | |
| 9916 | + | Subdivision 1.Applicability.For purposes of sections 152.22 to 152.37, the terms defined in | |
| 9917 | + | this section have the meanings given them. | |
| 9918 | + | Subd. 2.Commissioner."Commissioner" means the commissioner of health. | |
| 9919 | + | Subd. 3.Disqualifying felony offense."Disqualifying felony offense" means a violation of a | |
| 9920 | + | state or federal controlled substance law that is a felony under Minnesota law, or would be a felony | |
| 9921 | + | if committed in Minnesota, regardless of the sentence imposed, unless the commissioner determines | |
| 9922 | + | that the person's conviction was for the medical use of cannabis or assisting with the medical use | |
| 9923 | + | of cannabis. | |
| 9924 | + | Subd. 4.Health care practitioner."Health care practitioner" means a Minnesota licensed | |
| 9925 | + | doctor of medicine, a Minnesota licensed physician assistant, or a Minnesota licensed advanced | |
| 9926 | + | practice registered nurse who has the primary responsibility for the care and treatment of the | |
| 9927 | + | qualifying medical condition of a person diagnosed with a qualifying medical condition. | |
| 9928 | + | Subd. 5.Health records."Health records" means health records as defined in section 144.291, | |
| 9929 | + | subdivision 2, paragraph (c). | |
| 9930 | + | Subd. 5a.Hemp."Hemp" has the meaning given to industrial hemp in section 18K.02, | |
| 9931 | + | subdivision 3. | |
| 9932 | + | Subd. 5b.Hemp grower."Hemp grower" means a person licensed by the commissioner of | |
| 9933 | + | agriculture under chapter 18K to grow hemp for commercial purposes. | |
| 9934 | + | 5R | |
| 9935 | + | APPENDIX | |
| 9936 | + | Repealed Minnesota Statutes: H0100-11 Subd. 6.Medical cannabis.(a) "Medical cannabis" means any species of the genus cannabis | |
| 9937 | + | plant, or any mixture or preparation of them, including whole plant extracts and resins, and is | |
| 9938 | + | delivered in the form of: | |
| 9939 | + | (1) liquid, including, but not limited to, oil; | |
| 9940 | + | (2) pill; | |
| 9941 | + | (3) vaporized delivery method with use of liquid or oil; | |
| 9942 | + | (4) combustion with use of dried raw cannabis; or | |
| 9943 | + | (5) any other method approved by the commissioner. | |
| 9944 | + | (b) This definition includes any part of the genus cannabis plant prior to being processed into | |
| 9945 | + | a form allowed under paragraph (a), that is possessed by a person while that person is engaged in | |
| 9946 | + | employment duties necessary to carry out a requirement under sections 152.22 to 152.37 for a | |
| 9947 | + | registered manufacturer or a laboratory under contract with a registered manufacturer. This definition | |
| 9948 | + | also includes any hemp acquired by a manufacturer by a hemp grower as permitted under section | |
| 9949 | + | 152.29, subdivision 1, paragraph (b). | |
| 9950 | + | Subd. 7.Medical cannabis manufacturer."Medical cannabis manufacturer" or "manufacturer" | |
| 9951 | + | means an entity registered by the commissioner to cultivate, acquire, manufacture, possess, prepare, | |
| 9952 | + | transfer, transport, supply, or dispense medical cannabis, delivery devices, or related supplies and | |
| 9953 | + | educational materials. | |
| 9954 | + | Subd. 8.Medical cannabis product."Medical cannabis product" means any delivery device | |
| 9955 | + | or related supplies and educational materials used in the administration of medical cannabis for a | |
| 9956 | + | patient with a qualifying medical condition enrolled in the registry program. | |
| 9957 | + | Subd. 9.Patient."Patient" means a Minnesota resident who has been diagnosed with a qualifying | |
| 9958 | + | medical condition by a health care practitioner and who has otherwise met any other requirements | |
| 9959 | + | for patients under sections 152.22 to 152.37 to participate in the registry program under sections | |
| 9960 | + | 152.22 to 152.37. | |
| 9961 | + | Subd. 10.Patient registry number."Patient registry number" means a unique identification | |
| 9962 | + | number assigned by the commissioner to a patient enrolled in the registry program. | |
| 9963 | + | Subd. 11.Registered designated caregiver."Registered designated caregiver" means a person | |
| 9964 | + | who: | |
| 9965 | + | (1) is at least 18 years old; | |
| 9966 | + | (2) does not have a conviction for a disqualifying felony offense; | |
| 9967 | + | (3) has been approved by the commissioner to assist a patient who requires assistance in | |
| 9968 | + | administering medical cannabis or obtaining medical cannabis from a distribution facility; and | |
| 9969 | + | (4) is authorized by the commissioner to assist the patient with the use of medical cannabis. | |
| 9970 | + | Subd. 12.Registry program."Registry program" means the patient registry established in | |
| 9971 | + | sections 152.22 to 152.37. | |
| 9972 | + | Subd. 13.Registry verification."Registry verification" means the verification provided by the | |
| 9973 | + | commissioner that a patient is enrolled in the registry program and that includes the patient's name, | |
| 9974 | + | registry number, and, if applicable, the name of the patient's registered designated caregiver or | |
| 9975 | + | parent, legal guardian, or spouse. | |
| 9976 | + | Subd. 14.Qualifying medical condition."Qualifying medical condition" means a diagnosis | |
| 9977 | + | of any of the following conditions: | |
| 9978 | + | (1) cancer, if the underlying condition or treatment produces one or more of the following: | |
| 9979 | + | (i) severe or chronic pain; | |
| 9980 | + | (ii) nausea or severe vomiting; or | |
| 9981 | + | (iii) cachexia or severe wasting; | |
| 9982 | + | (2) glaucoma; | |
| 9983 | + | (3) human immunodeficiency virus or acquired immune deficiency syndrome; | |
| 9984 | + | 6R | |
| 9985 | + | APPENDIX | |
| 9986 | + | Repealed Minnesota Statutes: H0100-11 (4) Tourette's syndrome; | |
| 9987 | + | (5) amyotrophic lateral sclerosis; | |
| 9988 | + | (6) seizures, including those characteristic of epilepsy; | |
| 9989 | + | (7) severe and persistent muscle spasms, including those characteristic of multiple sclerosis; | |
| 9990 | + | (8) inflammatory bowel disease, including Crohn's disease; | |
| 9991 | + | (9) terminal illness, with a probable life expectancy of under one year, if the illness or its | |
| 9992 | + | treatment produces one or more of the following: | |
| 9993 | + | (i) severe or chronic pain; | |
| 9994 | + | (ii) nausea or severe vomiting; or | |
| 9995 | + | (iii) cachexia or severe wasting; or | |
| 9996 | + | (10) any other medical condition or its treatment approved by the commissioner. | |
| 9997 | + | 152.23 LIMITATIONS. | |
| 9998 | + | (a) Nothing in sections 152.22 to 152.37 permits any person to engage in and does not prevent | |
| 9999 | + | the imposition of any civil, criminal, or other penalties for: | |
| 10000 | + | (1) undertaking any task under the influence of medical cannabis that would constitute negligence | |
| 10001 | + | or professional malpractice; | |
| 10002 | + | (2) possessing or engaging in the use of medical cannabis: | |
| 10003 | + | (i) on a school bus or van; | |
| 10004 | + | (ii) on the grounds of any preschool or primary or secondary school; | |
| 10005 | + | (iii) in any correctional facility; or | |
| 10006 | + | (iv) on the grounds of any child care facility or home day care; | |
| 10007 | + | (3) vaporizing or combusting medical cannabis pursuant to section 152.22, subdivision 6: | |
| 10008 | + | (i) on any form of public transportation; | |
| 10009 | + | (ii) where the vapor would be inhaled by a nonpatient minor child or where the smoke would | |
| 10010 | + | be inhaled by a minor child; or | |
| 10011 | + | (iii) in any public place, including any indoor or outdoor area used by or open to the general | |
| 10012 | + | public or a place of employment as defined under section 144.413, subdivision 1b; and | |
| 10013 | + | (4) operating, navigating, or being in actual physical control of any motor vehicle, aircraft, train, | |
| 10014 | + | or motorboat, or working on transportation property, equipment, or facilities while under the | |
| 10015 | + | influence of medical cannabis. | |
| 10016 | + | (b) Nothing in sections 152.22 to 152.37 require the medical assistance and MinnesotaCare | |
| 10017 | + | programs to reimburse an enrollee or a provider for costs associated with the medical use of cannabis. | |
| 10018 | + | Medical assistance and MinnesotaCare shall continue to provide coverage for all services related | |
| 10019 | + | to treatment of an enrollee's qualifying medical condition if the service is covered under chapter | |
| 10020 | + | 256B or 256L. | |
| 10021 | + | 152.24 FEDERALLY APPROVED CLINICAL TRIALS. | |
| 10022 | + | The commissioner may prohibit enrollment of a patient in the registry program if the patient is | |
| 10023 | + | simultaneously enrolled in a federally approved clinical trial for the treatment of a qualifying medical | |
| 10024 | + | condition with medical cannabis. The commissioner shall provide information to all patients enrolled | |
| 10025 | + | in the registry program on the existence of federally approved clinical trials for the treatment of the | |
| 10026 | + | patient's qualifying medical condition with medical cannabis as an alternative to enrollment in the | |
| 10027 | + | patient registry program. | |
| 10028 | + | 152.25 COMMISSIONER DUTIES. | |
| 10029 | + | Subdivision 1.Medical cannabis manufacturer registration.(a) The commissioner shall | |
| 10030 | + | register two in-state manufacturers for the production of all medical cannabis within the state. A | |
| 10031 | + | registration agreement between the commissioner and a manufacturer is nontransferable. The | |
| 10032 | + | commissioner shall register new manufacturers or reregister the existing manufacturers by December | |
| 10033 | + | 7R | |
| 10034 | + | APPENDIX | |
| 10035 | + | Repealed Minnesota Statutes: H0100-11 1 every two years, using the factors described in this subdivision. The commissioner shall accept | |
| 10036 | + | applications after December 1, 2014, if one of the manufacturers registered before December 1, | |
| 10037 | + | 2014, ceases to be registered as a manufacturer. The commissioner's determination that no | |
| 10038 | + | manufacturer exists to fulfill the duties under sections 152.22 to 152.37 is subject to judicial review | |
| 10039 | + | in Ramsey County District Court. Data submitted during the application process are private data | |
| 10040 | + | on individuals or nonpublic data as defined in section 13.02 until the manufacturer is registered | |
| 10041 | + | under this section. Data on a manufacturer that is registered are public data, unless the data are trade | |
| 10042 | + | secret or security information under section 13.37. | |
| 10043 | + | (b) As a condition for registration, a manufacturer must agree to: | |
| 10044 | + | (1) begin supplying medical cannabis to patients by July 1, 2015; and | |
| 10045 | + | (2) comply with all requirements under sections 152.22 to 152.37. | |
| 10046 | + | (c) The commissioner shall consider the following factors when determining which manufacturer | |
| 10047 | + | to register: | |
| 10048 | + | (1) the technical expertise of the manufacturer in cultivating medical cannabis and converting | |
| 10049 | + | the medical cannabis into an acceptable delivery method under section 152.22, subdivision 6; | |
| 10050 | + | (2) the qualifications of the manufacturer's employees; | |
| 10051 | + | (3) the long-term financial stability of the manufacturer; | |
| 10052 | + | (4) the ability to provide appropriate security measures on the premises of the manufacturer; | |
| 10053 | + | (5) whether the manufacturer has demonstrated an ability to meet the medical cannabis production | |
| 10054 | + | needs required by sections 152.22 to 152.37; and | |
| 10055 | + | (6) the manufacturer's projection and ongoing assessment of fees on patients with a qualifying | |
| 10056 | + | medical condition. | |
| 10057 | + | (d) If an officer, director, or controlling person of the manufacturer pleads or is found guilty of | |
| 10058 | + | intentionally diverting medical cannabis to a person other than allowed by law under section 152.33, | |
| 10059 | + | subdivision 1, the commissioner may decide not to renew the registration of the manufacturer, | |
| 10060 | + | provided the violation occurred while the person was an officer, director, or controlling person of | |
| 10061 | + | the manufacturer. | |
| 10062 | + | (e) The commissioner shall require each medical cannabis manufacturer to contract with an | |
| 10063 | + | independent laboratory to test medical cannabis produced by the manufacturer. The commissioner | |
| 10064 | + | shall approve the laboratory chosen by each manufacturer and require that the laboratory report | |
| 10065 | + | testing results to the manufacturer in a manner determined by the commissioner. | |
| 10066 | + | Subd. 1a.Revocation or nonrenewal of a medical cannabis manufacturer registration.If | |
| 10067 | + | the commissioner intends to revoke or not renew a registration issued under this section, the | |
| 10068 | + | commissioner must first notify in writing the manufacturer against whom the action is to be taken | |
| 10069 | + | and provide the manufacturer with an opportunity to request a hearing under the contested case | |
| 10070 | + | provisions of chapter 14. If the manufacturer does not request a hearing by notifying the | |
| 10071 | + | commissioner in writing within 20 days after receipt of the notice of proposed action, the | |
| 10072 | + | commissioner may proceed with the action without a hearing. For revocations, the registration of | |
| 10073 | + | a manufacturer is considered revoked on the date specified in the commissioner's written notice of | |
| 10074 | + | revocation. | |
| 10075 | + | Subd. 1b.Temporary suspension proceedings.The commissioner may institute proceedings | |
| 10076 | + | to temporarily suspend the registration of a medical cannabis manufacturer for a period of up to 90 | |
| 10077 | + | days by notifying the manufacturer in writing if any action by an employee, agent, officer, director, | |
| 10078 | + | or controlling person of the manufacturer: | |
| 10079 | + | (1) violates any of the requirements of sections 152.21 to 152.37 or the rules adopted thereunder; | |
| 10080 | + | (2) permits, aids, or abets the commission of any violation of state law at the manufacturer's | |
| 10081 | + | location for cultivation, harvesting, manufacturing, packaging, and processing or at any site for | |
| 10082 | + | distribution of medical cannabis; | |
| 10083 | + | (3) performs any act contrary to the welfare of a registered patient or registered designated | |
| 10084 | + | caregiver; or | |
| 10085 | + | (4) obtains, or attempts to obtain, a registration by fraudulent means or misrepresentation. | |
| 10086 | + | 8R | |
| 10087 | + | APPENDIX | |
| 10088 | + | Repealed Minnesota Statutes: H0100-11 Subd. 1c.Notice to patients.Upon the revocation or nonrenewal of a manufacturer's registration | |
| 10089 | + | under subdivision 1a or implementation of an enforcement action under subdivision 1b that may | |
| 10090 | + | affect the ability of a registered patient, registered designated caregiver, or a registered patient's | |
| 10091 | + | parent, legal guardian, or spouse to obtain medical cannabis from the manufacturer subject to the | |
| 10092 | + | enforcement action, the commissioner shall notify in writing each registered patient and the patient's | |
| 10093 | + | registered designated caregiver or registered patient's parent, legal guardian, or spouse about the | |
| 10094 | + | outcome of the proceeding and information regarding alternative registered manufacturers. This | |
| 10095 | + | notice must be provided two or more business days prior to the effective date of the revocation, | |
| 10096 | + | nonrenewal, or other enforcement action. | |
| 10097 | + | Subd. 2.Range of compounds and dosages; report.The commissioner shall review and | |
| 10098 | + | publicly report the existing medical and scientific literature regarding the range of recommended | |
| 10099 | + | dosages for each qualifying condition and the range of chemical compositions of any plant of the | |
| 10100 | + | genus cannabis that will likely be medically beneficial for each of the qualifying medical conditions. | |
| 10101 | + | The commissioner shall make this information available to patients with qualifying medical | |
| 10102 | + | conditions beginning December 1, 2014, and update the information annually. The commissioner | |
| 10103 | + | may consult with the independent laboratory under contract with the manufacturer or other experts | |
| 10104 | + | in reporting the range of recommended dosages for each qualifying medical condition, the range | |
| 10105 | + | of chemical compositions that will likely be medically beneficial, and any risks of noncannabis | |
| 10106 | + | drug interactions. The commissioner shall consult with each manufacturer on an annual basis on | |
| 10107 | + | medical cannabis offered by the manufacturer. The list of medical cannabis offered by a manufacturer | |
| 10108 | + | shall be published on the Department of Health website. | |
| 10109 | + | Subd. 3.Deadlines.The commissioner shall adopt rules necessary for the manufacturer to begin | |
| 10110 | + | distribution of medical cannabis to patients under the registry program by July 1, 2015, and have | |
| 10111 | + | notice of proposed rules published in the State Register prior to January 1, 2015. | |
| 10112 | + | Subd. 4.Reports.(a) The commissioner shall provide regular updates to the task force on | |
| 10113 | + | medical cannabis therapeutic research and to the chairs and ranking minority members of the | |
| 10114 | + | legislative committees with jurisdiction over health and human services, public safety, judiciary, | |
| 10115 | + | and civil law regarding: (1) any changes in federal law or regulatory restrictions regarding the use | |
| 10116 | + | of medical cannabis or hemp; and (2) the market demand and supply in this state for products made | |
| 10117 | + | from hemp that can be used for medicinal purposes. | |
| 10118 | + | (b) The commissioner may submit medical research based on the data collected under sections | |
| 10119 | + | 152.22 to 152.37 to any federal agency with regulatory or enforcement authority over medical | |
| 10120 | + | cannabis to demonstrate the effectiveness of medical cannabis for treating a qualifying medical | |
| 10121 | + | condition. | |
| 10122 | + | 152.26 RULEMAKING. | |
| 10123 | + | (a) The commissioner may adopt rules to implement sections 152.22 to 152.37. Rules for which | |
| 10124 | + | notice is published in the State Register before January 1, 2015, may be adopted using the process | |
| 10125 | + | in section 14.389. | |
| 10126 | + | (b) The commissioner may adopt or amend rules, using the procedure in section 14.386, | |
| 10127 | + | paragraph (a), to implement the addition of dried raw cannabis as an allowable form of medical | |
| 10128 | + | cannabis under section 152.22, subdivision 6, paragraph (a), clause (4). Section 14.386, paragraph | |
| 10129 | + | (b), does not apply to these rules. | |
| 10130 | + | 152.261 RULES; ADVERSE INCIDENTS. | |
| 10131 | + | (a) The commissioner of health shall adopt rules to establish requirements for reporting incidents | |
| 10132 | + | when individuals who are not authorized to possess medical cannabis under sections 152.22 to | |
| 10133 | + | 152.37 are found in possession of medical cannabis. The rules must identify professionals required | |
| 10134 | + | to report, the information they are required to report, and actions the reporter must take to secure | |
| 10135 | + | the medical cannabis. | |
| 10136 | + | (b) The commissioner of health shall adopt rules to establish requirements for law enforcement | |
| 10137 | + | officials and health care professionals to report incidents involving an overdose of medical cannabis | |
| 10138 | + | to the commissioner of health. | |
| 10139 | + | (c) Rules must include the method by which the commissioner will collect and tabulate reports | |
| 10140 | + | of unauthorized possession and overdose. | |
| 10141 | + | 152.27 PATIENT REGISTRY PROGRAM ESTABLISHED. | |
| 10142 | + | Subdivision 1.Patient registry program; establishment.(a) The commissioner shall establish | |
| 10143 | + | a patient registry program to evaluate data on patient demographics, effective treatment options, | |
| 10144 | + | 9R | |
| 10145 | + | APPENDIX | |
| 10146 | + | Repealed Minnesota Statutes: H0100-11 clinical outcomes, and quality-of-life outcomes for the purpose of reporting on the benefits, risks, | |
| 10147 | + | and outcomes regarding patients with a qualifying medical condition engaged in the therapeutic | |
| 10148 | + | use of medical cannabis. | |
| 10149 | + | (b) The establishment of the registry program shall not be construed or interpreted to condone | |
| 10150 | + | or promote the illicit recreational use of marijuana. | |
| 10151 | + | Subd. 2.Commissioner duties.(a) The commissioner shall: | |
| 10152 | + | (1) give notice of the program to health care practitioners in the state who are eligible to serve | |
| 10153 | + | as health care practitioners and explain the purposes and requirements of the program; | |
| 10154 | + | (2) allow each health care practitioner who meets or agrees to meet the program's requirements | |
| 10155 | + | and who requests to participate, to be included in the registry program to collect data for the patient | |
| 10156 | + | registry; | |
| 10157 | + | (3) provide explanatory information and assistance to each health care practitioner in | |
| 10158 | + | understanding the nature of therapeutic use of medical cannabis within program requirements; | |
| 10159 | + | (4) create and provide a certification to be used by a health care practitioner for the practitioner | |
| 10160 | + | to certify whether a patient has been diagnosed with a qualifying medical condition and include in | |
| 10161 | + | the certification an option for the practitioner to certify whether the patient, in the health care | |
| 10162 | + | practitioner's medical opinion, is developmentally or physically disabled and, as a result of that | |
| 10163 | + | disability, the patient requires assistance in administering medical cannabis or obtaining medical | |
| 10164 | + | cannabis from a distribution facility; | |
| 10165 | + | (5) supervise the participation of the health care practitioner in conducting patient treatment | |
| 10166 | + | and health records reporting in a manner that ensures stringent security and record-keeping | |
| 10167 | + | requirements and that prevents the unauthorized release of private data on individuals as defined | |
| 10168 | + | by section 13.02; | |
| 10169 | + | (6) develop safety criteria for patients with a qualifying medical condition as a requirement of | |
| 10170 | + | the patient's participation in the program, to prevent the patient from undertaking any task under | |
| 10171 | + | the influence of medical cannabis that would constitute negligence or professional malpractice on | |
| 10172 | + | the part of the patient; and | |
| 10173 | + | (7) conduct research and studies based on data from health records submitted to the registry | |
| 10174 | + | program and submit reports on intermediate or final research results to the legislature and major | |
| 10175 | + | scientific journals. The commissioner may contract with a third party to complete the requirements | |
| 10176 | + | of this clause. Any reports submitted must comply with section 152.28, subdivision 2. | |
| 10177 | + | (b) The commissioner may add a delivery method under section 152.22, subdivision 6, or add, | |
| 10178 | + | remove, or modify a qualifying medical condition under section 152.22, subdivision 14, upon a | |
| 10179 | + | petition from a member of the public or the task force on medical cannabis therapeutic research or | |
| 10180 | + | as directed by law. The commissioner shall evaluate all petitions to add a qualifying medical | |
| 10181 | + | condition or to remove or modify an existing qualifying medical condition submitted by the task | |
| 10182 | + | force on medical cannabis therapeutic research or as directed by law and may make the addition, | |
| 10183 | + | removal, or modification if the commissioner determines the addition, removal, or modification is | |
| 10184 | + | warranted based on the best available evidence and research. If the commissioner wishes to add a | |
| 10185 | + | delivery method under section 152.22, subdivision 6, or add or remove a qualifying medical condition | |
| 10186 | + | under section 152.22, subdivision 14, the commissioner must notify the chairs and ranking minority | |
| 10187 | + | members of the legislative policy committees having jurisdiction over health and public safety of | |
| 10188 | + | the addition or removal and the reasons for its addition or removal, including any written comments | |
| 10189 | + | received by the commissioner from the public and any guidance received from the task force on | |
| 10190 | + | medical cannabis research, by January 15 of the year in which the commissioner wishes to make | |
| 10191 | + | the change. The change shall be effective on August 1 of that year, unless the legislature by law | |
| 10192 | + | provides otherwise. | |
| 10193 | + | Subd. 3.Patient application.(a) The commissioner shall develop a patient application for | |
| 10194 | + | enrollment into the registry program. The application shall be available to the patient and given to | |
| 10195 | + | health care practitioners in the state who are eligible to serve as health care practitioners. The | |
| 10196 | + | application must include: | |
| 10197 | + | (1) the name, mailing address, and date of birth of the patient; | |
| 10198 | + | (2) the name, mailing address, and telephone number of the patient's health care practitioner; | |
| 10199 | + | 10R | |
| 10200 | + | APPENDIX | |
| 10201 | + | Repealed Minnesota Statutes: H0100-11 (3) the name, mailing address, and date of birth of the patient's designated caregiver, if any, or | |
| 10202 | + | the patient's parent, legal guardian, or spouse if the parent, legal guardian, or spouse will be acting | |
| 10203 | + | as a caregiver; | |
| 10204 | + | (4) a copy of the certification from the patient's health care practitioner that is dated within 90 | |
| 10205 | + | days prior to submitting the application that certifies that the patient has been diagnosed with a | |
| 10206 | + | qualifying medical condition; and | |
| 10207 | + | (5) all other signed affidavits and enrollment forms required by the commissioner under sections | |
| 10208 | + | 152.22 to 152.37, including, but not limited to, the disclosure form required under paragraph (c). | |
| 10209 | + | (b) The commissioner shall require a patient to resubmit a copy of the certification from the | |
| 10210 | + | patient's health care practitioner on a yearly basis and shall require that the recertification be dated | |
| 10211 | + | within 90 days of submission. | |
| 10212 | + | (c) The commissioner shall develop a disclosure form and require, as a condition of enrollment, | |
| 10213 | + | all patients to sign a copy of the disclosure. The disclosure must include: | |
| 10214 | + | (1) a statement that, notwithstanding any law to the contrary, the commissioner, or an employee | |
| 10215 | + | of any state agency, may not be held civilly or criminally liable for any injury, loss of property, | |
| 10216 | + | personal injury, or death caused by any act or omission while acting within the scope of office or | |
| 10217 | + | employment under sections 152.22 to 152.37; and | |
| 10218 | + | (2) the patient's acknowledgment that enrollment in the patient registry program is conditional | |
| 10219 | + | on the patient's agreement to meet all of the requirements of sections 152.22 to 152.37. | |
| 10220 | + | Subd. 4.Registered designated caregiver.(a) The commissioner shall register a designated | |
| 10221 | + | caregiver for a patient if the patient requires assistance in administering medical cannabis or obtaining | |
| 10222 | + | medical cannabis from a distribution facility and the caregiver has agreed, in writing, to be the | |
| 10223 | + | patient's designated caregiver. As a condition of registration as a designated caregiver, the | |
| 10224 | + | commissioner shall require the person to: | |
| 10225 | + | (1) be at least 18 years of age; | |
| 10226 | + | (2) agree to only possess the patient's medical cannabis for purposes of assisting the patient; | |
| 10227 | + | and | |
| 10228 | + | (3) agree that if the application is approved, the person will not be a registered designated | |
| 10229 | + | caregiver for more than six registered patients at one time. Patients who reside in the same residence | |
| 10230 | + | shall count as one patient. | |
| 10231 | + | (b) The commissioner shall conduct a criminal background check on the designated caregiver | |
| 10232 | + | prior to registration to ensure that the person does not have a conviction for a disqualifying felony | |
| 10233 | + | offense. Any cost of the background check shall be paid by the person seeking registration as a | |
| 10234 | + | designated caregiver. A designated caregiver must have the criminal background check renewed | |
| 10235 | + | every two years. | |
| 10236 | + | (c) Nothing in sections 152.22 to 152.37 shall be construed to prevent a person registered as a | |
| 10237 | + | designated caregiver from also being enrolled in the registry program as a patient and possessing | |
| 10238 | + | and using medical cannabis as a patient. | |
| 10239 | + | Subd. 5.Parents, legal guardians, and spouses.A parent, legal guardian, or spouse of a patient | |
| 10240 | + | may act as the caregiver to the patient without having to register as a designated caregiver. The | |
| 10241 | + | parent, legal guardian, or spouse shall follow all of the requirements of parents, legal guardians, | |
| 10242 | + | and spouses listed in sections 152.22 to 152.37. Nothing in sections 152.22 to 152.37 limits any | |
| 10243 | + | legal authority a parent, legal guardian, or spouse may have for the patient under any other law. | |
| 10244 | + | Subd. 6.Patient enrollment.(a) After receipt of a patient's application, application fees, and | |
| 10245 | + | signed disclosure, the commissioner shall enroll the patient in the registry program and issue the | |
| 10246 | + | patient and patient's registered designated caregiver or parent, legal guardian, or spouse, if applicable, | |
| 10247 | + | a registry verification. The commissioner shall approve or deny a patient's application for | |
| 10248 | + | participation in the registry program within 30 days after the commissioner receives the patient's | |
| 10249 | + | application and application fee. The commissioner may approve applications up to 60 days after | |
| 10250 | + | the receipt of a patient's application and application fees until January 1, 2016. A patient's enrollment | |
| 10251 | + | in the registry program shall only be denied if the patient: | |
| 10252 | + | (1) does not have certification from a health care practitioner that the patient has been diagnosed | |
| 10253 | + | with a qualifying medical condition; | |
| 10254 | + | 11R | |
| 10255 | + | APPENDIX | |
| 10256 | + | Repealed Minnesota Statutes: H0100-11 (2) has not signed and returned the disclosure form required under subdivision 3, paragraph (c), | |
| 10257 | + | to the commissioner; | |
| 10258 | + | (3) does not provide the information required; | |
| 10259 | + | (4) has previously been removed from the registry program for violations of section 152.30 or | |
| 10260 | + | 152.33; or | |
| 10261 | + | (5) provides false information. | |
| 10262 | + | (b) The commissioner shall give written notice to a patient of the reason for denying enrollment | |
| 10263 | + | in the registry program. | |
| 10264 | + | (c) Denial of enrollment into the registry program is considered a final decision of the | |
| 10265 | + | commissioner and is subject to judicial review under the Administrative Procedure Act pursuant | |
| 10266 | + | to chapter 14. | |
| 10267 | + | (d) A patient's enrollment in the registry program may only be revoked upon the death of the | |
| 10268 | + | patient or if a patient violates a requirement under section 152.30 or 152.33. | |
| 10269 | + | (e) The commissioner shall develop a registry verification to provide to the patient, the health | |
| 10270 | + | care practitioner identified in the patient's application, and to the manufacturer. The registry | |
| 10271 | + | verification shall include: | |
| 10272 | + | (1) the patient's name and date of birth; | |
| 10273 | + | (2) the patient registry number assigned to the patient; and | |
| 10274 | + | (3) the name and date of birth of the patient's registered designated caregiver, if any, or the | |
| 10275 | + | name of the patient's parent, legal guardian, or spouse if the parent, legal guardian, or spouse will | |
| 10276 | + | be acting as a caregiver. | |
| 10277 | + | Subd. 7.Notice requirements.Patients and registered designated caregivers shall notify the | |
| 10278 | + | commissioner of any address or name change within 30 days of the change having occurred. A | |
| 10279 | + | patient or registered designated caregiver is subject to a $100 fine for failure to notify the | |
| 10280 | + | commissioner of the change. | |
| 10281 | + | 152.28 HEALTH CARE PRACTITIONER DUTIES. | |
| 10282 | + | Subdivision 1.Health care practitioner duties.(a) Prior to a patient's enrollment in the registry | |
| 10283 | + | program, a health care practitioner shall: | |
| 10284 | + | (1) determine, in the health care practitioner's medical judgment, whether a patient suffers from | |
| 10285 | + | a qualifying medical condition, and, if so determined, provide the patient with a certification of that | |
| 10286 | + | diagnosis; | |
| 10287 | + | (2) advise patients, registered designated caregivers, and parents, legal guardians, or spouses | |
| 10288 | + | who are acting as caregivers of the existence of any nonprofit patient support groups or organizations; | |
| 10289 | + | (3) provide explanatory information from the commissioner to patients with qualifying medical | |
| 10290 | + | conditions, including disclosure to all patients about the experimental nature of therapeutic use of | |
| 10291 | + | medical cannabis; the possible risks, benefits, and side effects of the proposed treatment; the | |
| 10292 | + | application and other materials from the commissioner; and provide patients with the Tennessen | |
| 10293 | + | warning as required by section 13.04, subdivision 2; and | |
| 10294 | + | (4) agree to continue treatment of the patient's qualifying medical condition and report medical | |
| 10295 | + | findings to the commissioner. | |
| 10296 | + | (b) Upon notification from the commissioner of the patient's enrollment in the registry program, | |
| 10297 | + | the health care practitioner shall: | |
| 10298 | + | (1) participate in the patient registry reporting system under the guidance and supervision of | |
| 10299 | + | the commissioner; | |
| 10300 | + | (2) report health records of the patient throughout the ongoing treatment of the patient to the | |
| 10301 | + | commissioner in a manner determined by the commissioner and in accordance with subdivision 2; | |
| 10302 | + | (3) determine, on a yearly basis, if the patient continues to suffer from a qualifying medical | |
| 10303 | + | condition and, if so, issue the patient a new certification of that diagnosis; and | |
| 10304 | + | (4) otherwise comply with all requirements developed by the commissioner. | |
| 10305 | + | 12R | |
| 10306 | + | APPENDIX | |
| 10307 | + | Repealed Minnesota Statutes: H0100-11 (c) A health care practitioner may conduct a patient assessment to issue a recertification as | |
| 10308 | + | required under paragraph (b), clause (3), via telehealth, as defined in section 62A.673, subdivision | |
| 10309 | + | 2. | |
| 10310 | + | (d) Nothing in this section requires a health care practitioner to participate in the registry program. | |
| 10311 | + | Subd. 2.Data.Data collected on patients by a health care practitioner and reported to the patient | |
| 10312 | + | registry are health records under section 144.291, and are private data on individuals under section | |
| 10313 | + | 13.02, but may be used or reported in an aggregated, nonidentifiable form as part of a scientific, | |
| 10314 | + | peer-reviewed publication of research conducted under section 152.25 or in the creation of summary | |
| 10315 | + | data, as defined in section 13.02, subdivision 19. | |
| 10316 | + | Subd. 3.Advertising restrictions.(a) A health care practitioner shall not publish or cause to | |
| 10317 | + | be published any advertisement that: | |
| 10318 | + | (1) contains false or misleading statements about medical cannabis or about the medical cannabis | |
| 10319 | + | registry program; | |
| 10320 | + | (2) uses colloquial terms to refer to medical cannabis, such as pot, weed, or grass; | |
| 10321 | + | (3) states or implies the health care practitioner is endorsed by the Department of Health or by | |
| 10322 | + | the medical cannabis registry program; | |
| 10323 | + | (4) includes images of cannabis in its plant or leaf form or of cannabis-smoking paraphernalia; | |
| 10324 | + | or | |
| 10325 | + | (5) contains medical symbols that could reasonably be confused with symbols of established | |
| 10326 | + | medical associations or groups. | |
| 10327 | + | (b) A health care practitioner found by the commissioner to have violated this subdivision is | |
| 10328 | + | prohibited from certifying that patients have a qualifying medical condition for purposes of patient | |
| 10329 | + | participation in the registry program. The commissioner's decision that a health care practitioner | |
| 10330 | + | has violated this subdivision is a final decision of the commissioner and is not subject to the contested | |
| 10331 | + | case procedures in chapter 14. | |
| 10332 | + | 152.29 MANUFACTURER OF MEDICAL CANNABIS DUTIES. | |
| 10333 | + | Subdivision 1.Manufacturer; requirements.(a) A manufacturer may operate eight distribution | |
| 10334 | + | facilities, which may include the manufacturer's single location for cultivation, harvesting, | |
| 10335 | + | manufacturing, packaging, and processing but is not required to include that location. The | |
| 10336 | + | commissioner shall designate the geographical service areas to be served by each manufacturer | |
| 10337 | + | based on geographical need throughout the state to improve patient access. A manufacturer shall | |
| 10338 | + | not have more than two distribution facilities in each geographical service area assigned to the | |
| 10339 | + | manufacturer by the commissioner. A manufacturer shall operate only one location where all | |
| 10340 | + | cultivation, harvesting, manufacturing, packaging, and processing of medical cannabis shall be | |
| 10341 | + | conducted. This location may be one of the manufacturer's distribution facility sites. The additional | |
| 10342 | + | distribution facilities may dispense medical cannabis and medical cannabis products but may not | |
| 10343 | + | contain any medical cannabis in a form other than those forms allowed under section 152.22, | |
| 10344 | + | subdivision 6, and the manufacturer shall not conduct any cultivation, harvesting, manufacturing, | |
| 10345 | + | packaging, or processing at the other distribution facility sites. Any distribution facility operated | |
| 10346 | + | by the manufacturer is subject to all of the requirements applying to the manufacturer under sections | |
| 10347 | + | 152.22 to 152.37, including, but not limited to, security and distribution requirements. | |
| 10348 | + | (b) A manufacturer may acquire hemp grown in this state from a hemp grower, and may acquire | |
| 10349 | + | hemp products produced by a hemp processor. A manufacturer may manufacture or process hemp | |
| 10350 | + | and hemp products into an allowable form of medical cannabis under section 152.22, subdivision | |
| 10351 | + | 6. Hemp and hemp products acquired by a manufacturer under this paragraph are subject to the | |
| 10352 | + | same quality control program, security and testing requirements, and other requirements that apply | |
| 10353 | + | to medical cannabis under sections 152.22 to 152.37 and Minnesota Rules, chapter 4770. | |
| 10354 | + | (c) A medical cannabis manufacturer shall contract with a laboratory approved by the | |
| 10355 | + | commissioner, subject to any additional requirements set by the commissioner, for purposes of | |
| 10356 | + | testing medical cannabis manufactured or hemp or hemp products acquired by the medical cannabis | |
| 10357 | + | manufacturer as to content, contamination, and consistency to verify the medical cannabis meets | |
| 10358 | + | the requirements of section 152.22, subdivision 6. The cost of laboratory testing shall be paid by | |
| 10359 | + | the manufacturer. | |
| 10360 | + | (d) The operating documents of a manufacturer must include: | |
| 10361 | + | 13R | |
| 10362 | + | APPENDIX | |
| 10363 | + | Repealed Minnesota Statutes: H0100-11 (1) procedures for the oversight of the manufacturer and procedures to ensure accurate record | |
| 10364 | + | keeping; | |
| 10365 | + | (2) procedures for the implementation of appropriate security measures to deter and prevent the | |
| 10366 | + | theft of medical cannabis and unauthorized entrance into areas containing medical cannabis; and | |
| 10367 | + | (3) procedures for the delivery and transportation of hemp between hemp growers and | |
| 10368 | + | manufacturers and for the delivery and transportation of hemp products between hemp processors | |
| 10369 | + | and manufacturers. | |
| 10370 | + | (e) A manufacturer shall implement security requirements, including requirements for the | |
| 10371 | + | delivery and transportation of hemp and hemp products, protection of each location by a fully | |
| 10372 | + | operational security alarm system, facility access controls, perimeter intrusion detection systems, | |
| 10373 | + | and a personnel identification system. | |
| 10374 | + | (f) A manufacturer shall not share office space with, refer patients to a health care practitioner, | |
| 10375 | + | or have any financial relationship with a health care practitioner. | |
| 10376 | + | (g) A manufacturer shall not permit any person to consume medical cannabis on the property | |
| 10377 | + | of the manufacturer. | |
| 10378 | + | (h) A manufacturer is subject to reasonable inspection by the commissioner. | |
| 10379 | + | (i) For purposes of sections 152.22 to 152.37, a medical cannabis manufacturer is not subject | |
| 10380 | + | to the Board of Pharmacy licensure or regulatory requirements under chapter 151. | |
| 10381 | + | (j) A medical cannabis manufacturer may not employ any person who is under 21 years of age | |
| 10382 | + | or who has been convicted of a disqualifying felony offense. An employee of a medical cannabis | |
| 10383 | + | manufacturer must submit a completed criminal history records check consent form, a full set of | |
| 10384 | + | classifiable fingerprints, and the required fees for submission to the Bureau of Criminal Apprehension | |
| 10385 | + | before an employee may begin working with the manufacturer. The bureau must conduct a Minnesota | |
| 10386 | + | criminal history records check and the superintendent is authorized to exchange the fingerprints | |
| 10387 | + | with the Federal Bureau of Investigation to obtain the applicant's national criminal history record | |
| 10388 | + | information. The bureau shall return the results of the Minnesota and federal criminal history records | |
| 10389 | + | checks to the commissioner. | |
| 10390 | + | (k) A manufacturer may not operate in any location, whether for distribution or cultivation, | |
| 10391 | + | harvesting, manufacturing, packaging, or processing, within 1,000 feet of a public or private school | |
| 10392 | + | existing before the date of the manufacturer's registration with the commissioner. | |
| 10393 | + | (l) A manufacturer shall comply with reasonable restrictions set by the commissioner relating | |
| 10394 | + | to signage, marketing, display, and advertising of medical cannabis. | |
| 10395 | + | (m) Before a manufacturer acquires hemp from a hemp grower or hemp products from a hemp | |
| 10396 | + | processor, the manufacturer must verify that the hemp grower or hemp processor has a valid license | |
| 10397 | + | issued by the commissioner of agriculture under chapter 18K. | |
| 10398 | + | (n) Until a state-centralized, seed-to-sale system is implemented that can track a specific medical | |
| 10399 | + | cannabis plant from cultivation through testing and point of sale, the commissioner shall conduct | |
| 10400 | + | at least one unannounced inspection per year of each manufacturer that includes inspection of: | |
| 10401 | + | (1) business operations; | |
| 10402 | + | (2) physical locations of the manufacturer's manufacturing facility and distribution facilities; | |
| 10403 | + | (3) financial information and inventory documentation, including laboratory testing results; and | |
| 10404 | + | (4) physical and electronic security alarm systems. | |
| 10405 | + | Subd. 2.Manufacturer; production.(a) A manufacturer of medical cannabis shall provide a | |
| 10406 | + | reliable and ongoing supply of all medical cannabis needed for the registry program through | |
| 10407 | + | cultivation by the manufacturer and through the purchase of hemp from hemp growers. | |
| 10408 | + | (b) All cultivation, harvesting, manufacturing, packaging, and processing of medical cannabis | |
| 10409 | + | must take place in an enclosed, locked facility at a physical address provided to the commissioner | |
| 10410 | + | during the registration process. | |
| 10411 | + | (c) A manufacturer must process and prepare any medical cannabis plant material or hemp plant | |
| 10412 | + | material into a form allowable under section 152.22, subdivision 6, prior to distribution of any | |
| 10413 | + | medical cannabis. | |
| 10414 | + | 14R | |
| 10415 | + | APPENDIX | |
| 10416 | + | Repealed Minnesota Statutes: H0100-11 Subd. 3.Manufacturer; distribution.(a) A manufacturer shall require that employees licensed | |
| 10417 | + | as pharmacists pursuant to chapter 151 be the only employees to give final approval for the | |
| 10418 | + | distribution of medical cannabis to a patient. A manufacturer may transport medical cannabis or | |
| 10419 | + | medical cannabis products that have been cultivated, harvested, manufactured, packaged, and | |
| 10420 | + | processed by that manufacturer to another registered manufacturer for the other manufacturer to | |
| 10421 | + | distribute. | |
| 10422 | + | (b) A manufacturer may distribute medical cannabis products, whether or not the products have | |
| 10423 | + | been manufactured by that manufacturer. | |
| 10424 | + | (c) Prior to distribution of any medical cannabis, the manufacturer shall: | |
| 10425 | + | (1) verify that the manufacturer has received the registry verification from the commissioner | |
| 10426 | + | for that individual patient; | |
| 10427 | + | (2) verify that the person requesting the distribution of medical cannabis is the patient, the | |
| 10428 | + | patient's registered designated caregiver, or the patient's parent, legal guardian, or spouse listed in | |
| 10429 | + | the registry verification using the procedures described in section 152.11, subdivision 2d; | |
| 10430 | + | (3) assign a tracking number to any medical cannabis distributed from the manufacturer; | |
| 10431 | + | (4) ensure that any employee of the manufacturer licensed as a pharmacist pursuant to chapter | |
| 10432 | + | 151 has consulted with the patient to determine the proper dosage for the individual patient after | |
| 10433 | + | reviewing the ranges of chemical compositions of the medical cannabis and the ranges of proper | |
| 10434 | + | dosages reported by the commissioner. For purposes of this clause, a consultation may be conducted | |
| 10435 | + | remotely by secure videoconference, telephone, or other remote means, so long as the employee | |
| 10436 | + | providing the consultation is able to confirm the identity of the patient and the consultation adheres | |
| 10437 | + | to patient privacy requirements that apply to health care services delivered through telehealth. A | |
| 10438 | + | pharmacist consultation under this clause is not required when a manufacturer is distributing medical | |
| 10439 | + | cannabis to a patient according to a patient-specific dosage plan established with that manufacturer | |
| 10440 | + | and is not modifying the dosage or product being distributed under that plan and the medical cannabis | |
| 10441 | + | is distributed by a pharmacy technician; | |
| 10442 | + | (5) properly package medical cannabis in compliance with the United States Poison Prevention | |
| 10443 | + | Packing Act regarding child-resistant packaging and exemptions for packaging for elderly patients, | |
| 10444 | + | and label distributed medical cannabis with a list of all active ingredients and individually identifying | |
| 10445 | + | information, including: | |
| 10446 | + | (i) the patient's name and date of birth; | |
| 10447 | + | (ii) the name and date of birth of the patient's registered designated caregiver or, if listed on the | |
| 10448 | + | registry verification, the name of the patient's parent or legal guardian, if applicable; | |
| 10449 | + | (iii) the patient's registry identification number; | |
| 10450 | + | (iv) the chemical composition of the medical cannabis; and | |
| 10451 | + | (v) the dosage; and | |
| 10452 | + | (6) ensure that the medical cannabis distributed contains a maximum of a 90-day supply of the | |
| 10453 | + | dosage determined for that patient. | |
| 10454 | + | (d) A manufacturer shall require any employee of the manufacturer who is transporting medical | |
| 10455 | + | cannabis or medical cannabis products to a distribution facility or to another registered manufacturer | |
| 10456 | + | to carry identification showing that the person is an employee of the manufacturer. | |
| 10457 | + | (e) A manufacturer shall distribute medical cannabis in dried raw cannabis form only to a patient | |
| 10458 | + | age 21 or older, or to the registered designated caregiver, parent, legal guardian, or spouse of a | |
| 10459 | + | patient age 21 or older. | |
| 10460 | + | Subd. 3a.Transportation of medical cannabis; staffing.(a) A medical cannabis manufacturer | |
| 10461 | + | may staff a transport motor vehicle with only one employee if the medical cannabis manufacturer | |
| 10462 | + | is transporting medical cannabis to either a certified laboratory for the purpose of testing or a facility | |
| 10463 | + | for the purpose of disposal. If the medical cannabis manufacturer is transporting medical cannabis | |
| 10464 | + | for any other purpose or destination, the transport motor vehicle must be staffed with a minimum | |
| 10465 | + | of two employees as required by rules adopted by the commissioner. | |
| 10466 | + | (b) Notwithstanding paragraph (a), a medical cannabis manufacturer that is only transporting | |
| 10467 | + | hemp for any purpose may staff the transport motor vehicle with only one employee. | |
| 10468 | + | 15R | |
| 10469 | + | APPENDIX | |
| 10470 | + | Repealed Minnesota Statutes: H0100-11 Subd. 4.Report.Each manufacturer shall report to the commissioner on a monthly basis the | |
| 10471 | + | following information on each individual patient for the month prior to the report: | |
| 10472 | + | (1) the amount and dosages of medical cannabis distributed; | |
| 10473 | + | (2) the chemical composition of the medical cannabis; and | |
| 10474 | + | (3) the tracking number assigned to any medical cannabis distributed. | |
| 10475 | + | 152.30 PATIENT DUTIES. | |
| 10476 | + | (a) A patient shall apply to the commissioner for enrollment in the registry program by submitting | |
| 10477 | + | an application as required in section 152.27 and an annual registration fee as determined under | |
| 10478 | + | section 152.35. | |
| 10479 | + | (b) As a condition of continued enrollment, patients shall agree to: | |
| 10480 | + | (1) continue to receive regularly scheduled treatment for their qualifying medical condition | |
| 10481 | + | from their health care practitioner; and | |
| 10482 | + | (2) report changes in their qualifying medical condition to their health care practitioner. | |
| 10483 | + | (c) A patient shall only receive medical cannabis from a registered manufacturer but is not | |
| 10484 | + | required to receive medical cannabis products from only a registered manufacturer. | |
| 10485 | + | 152.31 DATA PRACTICES. | |
| 10486 | + | (a) Government data in patient files maintained by the commissioner and the health care | |
| 10487 | + | practitioner, and data submitted to or by a medical cannabis manufacturer, are private data on | |
| 10488 | + | individuals, as defined in section 13.02, subdivision 12, or nonpublic data, as defined in section | |
| 10489 | + | 13.02, subdivision 9, but may be used for purposes of complying with chapter 13 and complying | |
| 10490 | + | with a request from the legislative auditor or the state auditor in the performance of official duties. | |
| 10491 | + | The provisions of section 13.05, subdivision 11, apply to a registration agreement entered between | |
| 10492 | + | the commissioner and a medical cannabis manufacturer under section 152.25. | |
| 10493 | + | (b) Not public data maintained by the commissioner may not be used for any purpose not | |
| 10494 | + | provided for in sections 152.22 to 152.37, and may not be combined or linked in any manner with | |
| 10495 | + | any other list, dataset, or database. | |
| 10496 | + | (c) The commissioner may execute data sharing arrangements with the commissioner of | |
| 10497 | + | agriculture to verify licensing, inspection, and compliance information related to hemp growers | |
| 10498 | + | and hemp processors under chapter 18K. | |
| 10499 | + | 152.32 PROTECTIONS FOR REGISTRY PROGRAM PARTICIPATION. | |
| 10500 | + | Subdivision 1.Presumption.(a) There is a presumption that a patient enrolled in the registry | |
| 10501 | + | program under sections 152.22 to 152.37 is engaged in the authorized use of medical cannabis. | |
| 10502 | + | (b) The presumption may be rebutted by evidence that conduct related to use of medical cannabis | |
| 10503 | + | was not for the purpose of treating or alleviating the patient's qualifying medical condition or | |
| 10504 | + | symptoms associated with the patient's qualifying medical condition. | |
| 10505 | + | Subd. 2.Criminal and civil protections.(a) Subject to section 152.23, the following are not | |
| 10506 | + | violations under this chapter: | |
| 10507 | + | (1) use or possession of medical cannabis or medical cannabis products by a patient enrolled | |
| 10508 | + | in the registry program, or possession by a registered designated caregiver or the parent, legal | |
| 10509 | + | guardian, or spouse of a patient if the parent, legal guardian, or spouse is listed on the registry | |
| 10510 | + | verification; | |
| 10511 | + | (2) possession, dosage determination, or sale of medical cannabis or medical cannabis products | |
| 10512 | + | by a medical cannabis manufacturer, employees of a manufacturer, a laboratory conducting testing | |
| 10513 | + | on medical cannabis, or employees of the laboratory; and | |
| 10514 | + | (3) possession of medical cannabis or medical cannabis products by any person while carrying | |
| 10515 | + | out the duties required under sections 152.22 to 152.37. | |
| 10516 | + | (b) Medical cannabis obtained and distributed pursuant to sections 152.22 to 152.37 and | |
| 10517 | + | associated property is not subject to forfeiture under sections 609.531 to 609.5316. | |
| 10518 | + | (c) The commissioner, the commissioner's staff, the commissioner's agents or contractors, and | |
| 10519 | + | any health care practitioner are not subject to any civil or disciplinary penalties by the Board of | |
| 10520 | + | 16R | |
| 10521 | + | APPENDIX | |
| 10522 | + | Repealed Minnesota Statutes: H0100-11 Medical Practice, the Board of Nursing, or by any business, occupational, or professional licensing | |
| 10523 | + | board or entity, solely for the participation in the registry program under sections 152.22 to 152.37. | |
| 10524 | + | A pharmacist licensed under chapter 151 is not subject to any civil or disciplinary penalties by the | |
| 10525 | + | Board of Pharmacy when acting in accordance with the provisions of sections 152.22 to 152.37. | |
| 10526 | + | Nothing in this section affects a professional licensing board from taking action in response to | |
| 10527 | + | violations of any other section of law. | |
| 10528 | + | (d) Notwithstanding any law to the contrary, the commissioner, the governor of Minnesota, or | |
| 10529 | + | an employee of any state agency may not be held civilly or criminally liable for any injury, loss of | |
| 10530 | + | property, personal injury, or death caused by any act or omission while acting within the scope of | |
| 10531 | + | office or employment under sections 152.22 to 152.37. | |
| 10532 | + | (e) Federal, state, and local law enforcement authorities are prohibited from accessing the patient | |
| 10533 | + | registry under sections 152.22 to 152.37 except when acting pursuant to a valid search warrant. | |
| 10534 | + | (f) Notwithstanding any law to the contrary, neither the commissioner nor a public employee | |
| 10535 | + | may release data or information about an individual contained in any report, document, or registry | |
| 10536 | + | created under sections 152.22 to 152.37 or any information obtained about a patient participating | |
| 10537 | + | in the program, except as provided in sections 152.22 to 152.37. | |
| 10538 | + | (g) No information contained in a report, document, or registry or obtained from a patient under | |
| 10539 | + | sections 152.22 to 152.37 may be admitted as evidence in a criminal proceeding unless independently | |
| 10540 | + | obtained or in connection with a proceeding involving a violation of sections 152.22 to 152.37. | |
| 10541 | + | (h) Notwithstanding section 13.09, any person who violates paragraph (e) or (f) is guilty of a | |
| 10542 | + | gross misdemeanor. | |
| 10543 | + | (i) An attorney may not be subject to disciplinary action by the Minnesota Supreme Court or | |
| 10544 | + | professional responsibility board for providing legal assistance to prospective or registered | |
| 10545 | + | manufacturers or others related to activity that is no longer subject to criminal penalties under state | |
| 10546 | + | law pursuant to sections 152.22 to 152.37. | |
| 10547 | + | (j) Possession of a registry verification or application for enrollment in the program by a person | |
| 10548 | + | entitled to possess or apply for enrollment in the registry program does not constitute probable | |
| 10549 | + | cause or reasonable suspicion, nor shall it be used to support a search of the person or property of | |
| 10550 | + | the person possessing or applying for the registry verification, or otherwise subject the person or | |
| 10551 | + | property of the person to inspection by any governmental agency. | |
| 10552 | + | Subd. 3.Discrimination prohibited.(a) No school or landlord may refuse to enroll or lease to | |
| 10553 | + | and may not otherwise penalize a person solely for the person's status as a patient enrolled in the | |
| 10554 | + | registry program under sections 152.22 to 152.37, unless failing to do so would violate federal law | |
| 10555 | + | or regulations or cause the school or landlord to lose a monetary or licensing-related benefit under | |
| 10556 | + | federal law or regulations. | |
| 10557 | + | (b) For the purposes of medical care, including organ transplants, a registry program enrollee's | |
| 10558 | + | use of medical cannabis under sections 152.22 to 152.37 is considered the equivalent of the authorized | |
| 10559 | + | use of any other medication used at the discretion of a physician, advanced practice registered nurse, | |
| 10560 | + | or physician assistant and does not constitute the use of an illicit substance or otherwise disqualify | |
| 10561 | + | a patient from needed medical care. | |
| 10562 | + | (c) Unless a failure to do so would violate federal law or regulations or cause an employer to | |
| 10563 | + | lose a monetary or licensing-related benefit under federal law or regulations, an employer may not | |
| 10564 | + | discriminate against a person in hiring, termination, or any term or condition of employment, or | |
| 10565 | + | otherwise penalize a person, if the discrimination is based upon either of the following: | |
| 10566 | + | (1) the person's status as a patient enrolled in the registry program under sections 152.22 to | |
| 10567 | + | 152.37; or | |
| 10568 | + | (2) a patient's positive drug test for cannabis components or metabolites, unless the patient used, | |
| 10569 | + | possessed, or was impaired by medical cannabis on the premises of the place of employment or | |
| 10570 | + | during the hours of employment. | |
| 10571 | + | (d) An employee who is required to undergo employer drug testing pursuant to section 181.953 | |
| 10572 | + | may present verification of enrollment in the patient registry as part of the employee's explanation | |
| 10573 | + | under section 181.953, subdivision 6. | |
| 10574 | + | (e) A person shall not be denied custody of a minor child or visitation rights or parenting time | |
| 10575 | + | with a minor child solely based on the person's status as a patient enrolled in the registry program | |
| 10576 | + | under sections 152.22 to 152.37. There shall be no presumption of neglect or child endangerment | |
| 10577 | + | 17R | |
| 10578 | + | APPENDIX | |
| 10579 | + | Repealed Minnesota Statutes: H0100-11 for conduct allowed under sections 152.22 to 152.37, unless the person's behavior is such that it | |
| 10580 | + | creates an unreasonable danger to the safety of the minor as established by clear and convincing | |
| 10581 | + | evidence. | |
| 10582 | + | 152.33 VIOLATIONS. | |
| 10583 | + | Subdivision 1.Intentional diversion; criminal penalty.In addition to any other applicable | |
| 10584 | + | penalty in law, a manufacturer or an agent of a manufacturer who intentionally transfers medical | |
| 10585 | + | cannabis to a person other than another registered manufacturer, a patient, a registered designated | |
| 10586 | + | caregiver or, if listed on the registry verification, a parent, legal guardian, or spouse of a patient is | |
| 10587 | + | guilty of a felony punishable by imprisonment for not more than two years or by payment of a fine | |
| 10588 | + | of not more than $3,000, or both. A person convicted under this subdivision may not continue to | |
| 10589 | + | be affiliated with the manufacturer and is disqualified from further participation under sections | |
| 10590 | + | 152.22 to 152.37. | |
| 10591 | + | Subd. 1a.Intentional diversion outside the state; penalties.(a) In addition to any other | |
| 10592 | + | applicable penalty in law, the commissioner may levy a fine of $250,000 against a manufacturer | |
| 10593 | + | and may immediately initiate proceedings to revoke the manufacturer's registration, using the | |
| 10594 | + | procedure in section 152.25, if: | |
| 10595 | + | (1) an officer, director, or controlling person of the manufacturer pleads or is found guilty under | |
| 10596 | + | subdivision 1 of intentionally transferring medical cannabis, while the person was an officer, director, | |
| 10597 | + | or controlling person of the manufacturer, to a person other than allowed by law; and | |
| 10598 | + | (2) in intentionally transferring medical cannabis to a person other than allowed by law, the | |
| 10599 | + | officer, director, or controlling person transported or directed the transport of medical cannabis | |
| 10600 | + | outside of Minnesota. | |
| 10601 | + | (b) All fines collected under this subdivision shall be deposited in the state government special | |
| 10602 | + | revenue fund. | |
| 10603 | + | Subd. 2.Diversion by patient, registered designated caregiver, parent, legal guardian, or | |
| 10604 | + | patient's spouse; criminal penalty.In addition to any other applicable penalty in law, a patient, | |
| 10605 | + | registered designated caregiver or, if listed on the registry verification, a parent, legal guardian, or | |
| 10606 | + | spouse of a patient who intentionally sells or otherwise transfers medical cannabis to a person other | |
| 10607 | + | than a patient, designated registered caregiver or, if listed on the registry verification, a parent, legal | |
| 10608 | + | guardian, or spouse of a patient is guilty of a felony punishable by imprisonment for not more than | |
| 10609 | + | two years or by payment of a fine of not more than $3,000, or both. | |
| 10610 | + | Subd. 3.False statement; criminal penalty.A person who intentionally makes a false statement | |
| 10611 | + | to a law enforcement official about any fact or circumstance relating to the medical use of cannabis | |
| 10612 | + | to avoid arrest or prosecution is guilty of a misdemeanor punishable by imprisonment for not more | |
| 10613 | + | than 90 days or by payment of a fine of not more than $1,000, or both. The penalty is in addition | |
| 10614 | + | to any other penalties that may apply for making a false statement or for the possession, cultivation, | |
| 10615 | + | or sale of cannabis not protected by sections 152.22 to 152.37. If a person convicted of violating | |
| 10616 | + | this subdivision is a patient or a registered designated caregiver, the person is disqualified from | |
| 10617 | + | further participation under sections 152.22 to 152.37. | |
| 10618 | + | Subd. 4.Submission of false records; criminal penalty.A person who knowingly submits | |
| 10619 | + | false records or documentation required by the commissioner to register as a manufacturer of medical | |
| 10620 | + | cannabis under sections 152.22 to 152.37 is guilty of a felony and may be sentenced to imprisonment | |
| 10621 | + | for not more than two years or by payment of a fine of not more than $3,000, or both. | |
| 10622 | + | Subd. 5.Violation by health care practitioner; criminal penalty.A health care practitioner | |
| 10623 | + | who knowingly refers patients to a manufacturer or to a designated caregiver, who advertises as a | |
| 10624 | + | manufacturer, or who issues certifications while holding a financial interest in a manufacturer is | |
| 10625 | + | guilty of a misdemeanor and may be sentenced to imprisonment for not more than 90 days or by | |
| 10626 | + | payment of a fine of not more than $1,000, or both. | |
| 10627 | + | Subd. 6.Other violations; civil penalty.A manufacturer shall be fined up to $1,000 for any | |
| 10628 | + | violation of sections 152.22 to 152.37, or the regulations issued pursuant to them, where no penalty | |
| 10629 | + | has been specified. This penalty is in addition to any other applicable penalties in law. | |
| 10630 | + | 152.34 HEALTH CARE FACILITIES. | |
| 10631 | + | (a) Health care facilities licensed under chapter 144A, hospice providers licensed under chapter | |
| 10632 | + | 144A, boarding care homes or supervised living facilities licensed under section 144.50, assisted | |
| 10633 | + | living facilities, facilities owned, controlled, managed, or under common control with hospitals | |
| 10634 | + | licensed under chapter 144, and other health facilities licensed by the commissioner of health, may | |
| 10635 | + | 18R | |
| 10636 | + | APPENDIX | |
| 10637 | + | Repealed Minnesota Statutes: H0100-11 adopt reasonable restrictions on the use of medical cannabis by a patient enrolled in the registry | |
| 10638 | + | program who resides at or is actively receiving treatment or care at the facility. The restrictions | |
| 10639 | + | may include a provision that the facility will not store or maintain the patient's supply of medical | |
| 10640 | + | cannabis, that the facility is not responsible for providing the medical cannabis for patients, and | |
| 10641 | + | that medical cannabis be used only in a place specified by the facility. | |
| 10642 | + | (b) Any employee or agent of a facility listed in this section or a person licensed under chapter | |
| 10643 | + | 144E is not subject to violations under this chapter for possession of medical cannabis while carrying | |
| 10644 | + | out employment duties, including providing or supervising care to a registered patient, or distribution | |
| 10645 | + | of medical cannabis to a registered patient who resides at or is actively receiving treatment or care | |
| 10646 | + | at the facility with which the employee or agent is affiliated. Nothing in this section shall require | |
| 10647 | + | the facilities to adopt such restrictions and no facility shall unreasonably limit a patient's access to | |
| 10648 | + | or use of medical cannabis to the extent that use is authorized by the patient under sections 152.22 | |
| 10649 | + | to 152.37. | |
| 10650 | + | 152.35 FEES; DEPOSIT OF REVENUE. | |
| 10651 | + | (a) The commissioner shall collect an enrollment fee of $200 from patients enrolled under this | |
| 10652 | + | section. If the patient provides evidence of receiving Social Security disability insurance (SSDI), | |
| 10653 | + | Supplemental Security Income (SSI), veterans disability, or railroad disability payments, or being | |
| 10654 | + | enrolled in medical assistance or MinnesotaCare, then the fee shall be $50. For purposes of this | |
| 10655 | + | section: | |
| 10656 | + | (1) a patient is considered to receive SSDI if the patient was receiving SSDI at the time the | |
| 10657 | + | patient was transitioned to retirement benefits by the United States Social Security Administration; | |
| 10658 | + | and | |
| 10659 | + | (2) veterans disability payments include VA dependency and indemnity compensation. | |
| 10660 | + | Unless a patient provides evidence of receiving payments from or participating in one of the programs | |
| 10661 | + | specifically listed in this paragraph, the commissioner of health must collect the $200 enrollment | |
| 10662 | + | fee from a patient to enroll the patient in the registry program. The fees shall be payable annually | |
| 10663 | + | and are due on the anniversary date of the patient's enrollment. The fee amount shall be deposited | |
| 10664 | + | in the state treasury and credited to the state government special revenue fund. | |
| 10665 | + | (b) The commissioner shall collect an application fee of $20,000 from each entity submitting | |
| 10666 | + | an application for registration as a medical cannabis manufacturer. Revenue from the fee shall be | |
| 10667 | + | deposited in the state treasury and credited to the state government special revenue fund. | |
| 10668 | + | (c) The commissioner shall establish and collect an annual fee from a medical cannabis | |
| 10669 | + | manufacturer equal to the cost of regulating and inspecting the manufacturer in that year. Revenue | |
| 10670 | + | from the fee amount shall be deposited in the state treasury and credited to the state government | |
| 10671 | + | special revenue fund. | |
| 10672 | + | (d) A medical cannabis manufacturer may charge patients enrolled in the registry program a | |
| 10673 | + | reasonable fee for costs associated with the operations of the manufacturer. The manufacturer may | |
| 10674 | + | establish a sliding scale of patient fees based upon a patient's household income and may accept | |
| 10675 | + | private donations to reduce patient fees. | |
| 10676 | + | 152.36 IMPACT ASSESSMENT OF MEDICAL CANNABIS THERAPEUTIC | |
| 10677 | + | RESEARCH. | |
| 10678 | + | Subdivision 1.Task force on medical cannabis therapeutic research.(a) A 23-member task | |
| 10679 | + | force on medical cannabis therapeutic research is created to conduct an impact assessment of medical | |
| 10680 | + | cannabis therapeutic research. The task force shall consist of the following members: | |
| 10681 | + | (1) two members of the house of representatives, one selected by the speaker of the house, the | |
| 10682 | + | other selected by the minority leader; | |
| 10683 | + | (2) two members of the senate, one selected by the majority leader, the other selected by the | |
| 10684 | + | minority leader; | |
| 10685 | + | (3) four members representing consumers or patients enrolled in the registry program, including | |
| 10686 | + | at least two parents of patients under age 18; | |
| 10687 | + | (4) four members representing health care providers, including one licensed pharmacist; | |
| 10688 | + | (5) four members representing law enforcement, one from the Minnesota Chiefs of Police | |
| 10689 | + | Association, one from the Minnesota Sheriff's Association, one from the Minnesota Police and | |
| 10690 | + | Peace Officers Association, and one from the Minnesota County Attorneys Association; | |
| 10691 | + | 19R | |
| 10692 | + | APPENDIX | |
| 10693 | + | Repealed Minnesota Statutes: H0100-11 (6) four members representing substance use disorder treatment providers; and | |
| 10694 | + | (7) the commissioners of health, human services, and public safety. | |
| 10695 | + | (b) Task force members listed under paragraph (a), clauses (3), (4), (5), and (6), shall be appointed | |
| 10696 | + | by the governor under the appointment process in section 15.0597. Members shall serve on the task | |
| 10697 | + | force at the pleasure of the appointing authority. All members must be appointed by July 15, 2014, | |
| 10698 | + | and the commissioner of health shall convene the first meeting of the task force by August 1, 2014. | |
| 10699 | + | (c) There shall be two cochairs of the task force chosen from the members listed under paragraph | |
| 10700 | + | (a). One cochair shall be selected by the speaker of the house and the other cochair shall be selected | |
| 10701 | + | by the majority leader of the senate. The authority to convene meetings shall alternate between the | |
| 10702 | + | cochairs. | |
| 10703 | + | (d) Members of the task force other than those in paragraph (a), clauses (1), (2), and (7), shall | |
| 10704 | + | receive expenses as provided in section 15.059, subdivision 6. | |
| 10705 | + | Subd. 1a.Administration.The commissioner of health shall provide administrative and technical | |
| 10706 | + | support to the task force. | |
| 10707 | + | Subd. 2.Impact assessment.The task force shall hold hearings to evaluate the impact of the | |
| 10708 | + | use of medical cannabis and hemp and Minnesota's activities involving medical cannabis and hemp, | |
| 10709 | + | including, but not limited to: | |
| 10710 | + | (1) program design and implementation; | |
| 10711 | + | (2) the impact on the health care provider community; | |
| 10712 | + | (3) patient experiences; | |
| 10713 | + | (4) the impact on the incidence of substance abuse; | |
| 10714 | + | (5) access to and quality of medical cannabis, hemp, and medical cannabis products; | |
| 10715 | + | (6) the impact on law enforcement and prosecutions; | |
| 10716 | + | (7) public awareness and perception; and | |
| 10717 | + | (8) any unintended consequences. | |
| 10718 | + | Subd. 3.Cost assessment.By January 15 of each year, beginning January 15, 2015, and ending | |
| 10719 | + | January 15, 2019, the commissioners of state departments impacted by the medical cannabis | |
| 10720 | + | therapeutic research study shall report to the cochairs of the task force on the costs incurred by each | |
| 10721 | + | department on implementing sections 152.22 to 152.37. The reports must compare actual costs to | |
| 10722 | + | the estimated costs of implementing these sections and must be submitted to the task force on | |
| 10723 | + | medical cannabis therapeutic research. | |
| 10724 | + | Subd. 4.Reports to the legislature.(a) The cochairs of the task force shall submit the following | |
| 10725 | + | reports to the chairs and ranking minority members of the legislative committees and divisions with | |
| 10726 | + | jurisdiction over health and human services, public safety, judiciary, and civil law: | |
| 10727 | + | (1) by February 1, 2015, a report on the design and implementation of the registry program; | |
| 10728 | + | and every two years thereafter, a complete impact assessment report; and | |
| 10729 | + | (2) upon receipt of a cost assessment from a commissioner of a state agency, the completed | |
| 10730 | + | cost assessment. | |
| 10731 | + | (b) The task force may make recommendations to the legislature on whether to add or remove | |
| 10732 | + | conditions from the list of qualifying medical conditions. | |
| 10733 | + | Subd. 5.No expiration.The task force on medical cannabis therapeutic research does not expire. | |
| 10734 | + | 152.37 FINANCIAL EXAMINATIONS; PRICING REVIEWS. | |
| 10735 | + | Subdivision 1.Financial records.A medical cannabis manufacturer shall maintain detailed | |
| 10736 | + | financial records in a manner and format approved by the commissioner, and shall keep all records | |
| 10737 | + | updated and accessible to the commissioner when requested. | |
| 10738 | + | Subd. 2.Certified annual audit.A medical cannabis manufacturer shall submit the results of | |
| 10739 | + | an annual certified financial audit to the commissioner no later than May 1 of each year for the | |
| 10740 | + | calendar year beginning January 2015. The annual audit shall be conducted by an independent | |
| 10741 | + | certified public accountant and the costs of the audit are the responsibility of the medical cannabis | |
| 10742 | + | manufacturer. Results of the audit shall be provided to the medical cannabis manufacturer and the | |
| 10743 | + | 20R | |
| 10744 | + | APPENDIX | |
| 10745 | + | Repealed Minnesota Statutes: H0100-11 commissioner. The commissioner may also require another audit of the medical cannabis | |
| 10746 | + | manufacturer by a certified public accountant chosen by the commissioner with the costs of the | |
| 10747 | + | audit paid by the medical cannabis manufacturer. | |
| 10748 | + | Subd. 3.Power to examine.(a) The commissioner or designee may examine the business affairs | |
| 10749 | + | and conditions of any medical cannabis manufacturer, including but not limited to a review of the | |
| 10750 | + | financing, budgets, revenues, sales, and pricing. | |
| 10751 | + | (b) An examination may cover the medical cannabis manufacturer's business affairs, practices, | |
| 10752 | + | and conditions including but not limited to a review of the financing, budgets, revenues, sales, and | |
| 10753 | + | pricing. The commissioner shall determine the nature and scope of each examination and in doing | |
| 10754 | + | so shall take into account all available relevant factors concerning the financial and business affairs, | |
| 10755 | + | practices, and conditions of the examinee. The costs incurred by the department in conducting an | |
| 10756 | + | examination shall be paid for by the medical cannabis manufacturer. | |
| 10757 | + | (c) When making an examination under this section, the commissioner may retain attorneys, | |
| 10758 | + | appraisers, independent economists, independent certified public accountants, or other professionals | |
| 10759 | + | and specialists as designees. A certified public accountant retained by the commissioner may not | |
| 10760 | + | be the same certified public accountant providing the certified annual audit in subdivision 2. | |
| 10761 | + | (d) The commissioner shall make a report of an examination conducted under this section and | |
| 10762 | + | provide a copy to the medical cannabis manufacturer. The commissioner shall then post a copy of | |
| 10763 | + | the report on the department's website. All working papers, recorded information, documents, and | |
| 10764 | + | copies produced by, obtained by, or disclosed to the commissioner or any other person in the course | |
| 10765 | + | of an examination, other than the information contained in any commissioner official report, made | |
| 10766 | + | under this section are private data on individuals or nonpublic data, as defined in section 13.02. | |
| 10767 | + | 21R | |
| 10768 | + | APPENDIX | |
| 10769 | + | Repealed Minnesota Statutes: H0100-11 |