| 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 | 3 | 1.3 the Cannabis Advisory Council; requiring reports relating to cannabis use and | |
| 4 | 4 | 1.4 sales; legalizing and limiting the possession and use of cannabis by adults; providing | |
| 5 | 5 | 1.5 for the licensing, inspection, and regulation of cannabis businesses and hemp | |
| 6 | 6 | 1.6 businesses; requiring testing of cannabis flower, cannabis products, and hemp | |
| 7 | 7 | 1.7 products; requiring labeling of cannabis flower, cannabis products, and hemp | |
| 8 | 8 | 1.8 products; limiting the advertisement of cannabis flower, cannabis products, hemp | |
| 9 | 9 | 1.9 products, hemp businesses products, and cannabis businesses; providing for the | |
| 10 | 10 | 1.10 cultivation of cannabis in private residences; transferring regulatory authority for | |
| 11 | 11 | 1.11 the medical cannabis program; allowing Tribal medical cannabis program | |
| 12 | 12 | 1.12 manufacturers to distribute medical cannabis to Tribal medical cannabis program | |
| 13 | 13 | 1.13 patients; providing for transportation of medical cannabis by Tribal medical | |
| 14 | 14 | 1.14 cannabis manufacturers; taxing the sale of adult-use cannabis; establishing grant | |
| 15 | 15 | 1.15 and loan programs; amending criminal penalties; prohibiting the use or possession | |
| 16 | 16 | 1.16 of cannabis flower and cannabis products on a street or highway; establishing | |
| 17 | 17 | 1.17 expungement procedures for certain individuals; establishing labor standards for | |
| 18 | 18 | 1.18 the use of cannabis and hemp products by employees and testing of employees; | |
| 19 | 19 | 1.19 providing for the temporary regulation of certain edible cannabinoid products; | |
| 20 | 20 | 1.20 providing for professional licensing protections; amending the scheduling of | |
| 21 | 21 | 1.21 marijuana and tetrahydrocannabinols; classifying data; making miscellaneous | |
| 22 | 22 | 1.22 cannabis-related and hemp-related changes and additions; making clarifying and | |
| 23 | 23 | 1.23 technical changes; appropriating money; amending Minnesota Statutes 2022, | |
| 24 | 24 | 1.24 sections 13.411, by adding a subdivision; 13.871, by adding a subdivision; | |
| 25 | - | 1.25 16B.2975, subdivision 8; 34A.01, subdivision 4 | |
| 26 | - | 1.26 | |
| 27 | - | 1.27 | |
| 28 | - | 1.28 | |
| 29 | - | 1.29 | |
| 30 | - | 1.30 | |
| 31 | - | 1.31 | |
| 25 | + | 1.25 16B.2975, subdivision 8; 34A.01, subdivision 4; 97B.065, subdivision 1; 97B.066, | |
| 26 | + | 1.26 by adding a subdivision; 144.99, subdivision 1; 151.72; 152.01, by adding | |
| 27 | + | 1.27 subdivisions; 152.02, subdivisions 2, 4; 152.021, subdivision 2; 152.022, | |
| 28 | + | 1.28 subdivisions 1, 2; 152.023, subdivisions 1, 2; 152.024, subdivision 1; 152.025, | |
| 29 | + | 1.29 subdivisions 1, 2; 152.18, subdivision 1; 152.22, by adding subdivisions; 152.29, | |
| 30 | + | 1.30 subdivision 4, by adding a subdivision; 152.30; 152.32; 152.33, subdivision 1; | |
| 31 | + | 1.31 169A.03, subdivision 6; 175.45, subdivision 1; 181.938, subdivision 2; 181.950, | |
| 32 | 32 | 1.32 subdivisions 2, 4, 5, 8, 13, by adding a subdivision; 181.951, subdivision 4, by | |
| 33 | 33 | 1.33 adding subdivisions; 181.952, by adding a subdivision; 181.953; 181.954; 181.955; | |
| 34 | 34 | 1.34 181.957, subdivision 1; 192A.555; 245C.08, subdivision 1; 256.01, subdivision | |
| 35 | 35 | 1.35 18c; 256B.0625, subdivision 13d; 256D.024, subdivisions 1, 3; 256J.26, | |
| 36 | - | 1.36 subdivisions 1, 3; | |
| 37 | - | 1.37 | |
| 38 | - | 1.38 | |
| 36 | + | 1.36 subdivisions 1, 3; 273.13, subdivision 24; 275.025, subdivision 2; 290.0132, | |
| 37 | + | 1.37 subdivision 29; 290.0134, subdivision 19; 297A.61, subdivision 3; 297A.67, | |
| 38 | + | 1.38 subdivisions 2, 7; 297A.70, subdivisions 2, 18; 297A.99, by adding a subdivision; | |
| 39 | 39 | 1 | |
| 40 | - | S0073- | |
| 40 | + | S0073-9 9th EngrossmentSF73 REVISOR BD | |
| 41 | 41 | SENATE | |
| 42 | 42 | STATE OF MINNESOTA | |
| 43 | 43 | S.F. No. 73NINETY-THIRD SESSION | |
| 44 | 44 | (SENATE AUTHORS: PORT, Oumou Verbeten, Putnam, Murphy and Boldon) | |
| 45 | 45 | OFFICIAL STATUSD-PGDATE | |
| 46 | 46 | Introduction and first reading11101/09/2023 | |
| 47 | 47 | Referred to Judiciary and Public Safety | |
| 48 | 48 | Author added Boldon14601/11/2023 | |
| 49 | 49 | Comm report: Amended, No recommendation, re-referred to Commerce and Consumer Protection394a01/26/2023 | |
| 50 | 50 | Comm report: To pass as amended and re-refer to Jobs and Economic Development454a01/27/2023 | |
| 51 | 51 | Comm report: To pass and re-referred to State and Local Government and Veterans54902/01/2023 | |
| 52 | 52 | Withdrawn and re-referred to Agriculture, Broadband, and Rural Development60602/02/2023 | |
| 53 | 53 | Comm report: To pass as amended and re-refer to Environment, Climate, and Legacy697a02/08/2023 | |
| 54 | 54 | Rule 12.10: report of votes in committee699 | |
| 55 | 55 | Comm report: To pass and re-referred to Transportation78302/13/2023 | |
| 56 | 56 | Comm report: To pass as amended and re-refer to Health and Human Services830a02/16/2023 | |
| 57 | 57 | Comm report: To pass as amended and re-refer to Human Services1171a03/01/2023 | |
| 58 | 58 | Comm report: To pass as amended Labor1252a03/02/2023 | |
| 59 | 59 | Comm report: To pass as amended and re-refer to State and Local Government and Veterans1305a03/06/2023 | |
| 60 | 60 | Comm report: To pass as amended and re-refer to Judiciary and Public Safety1830a03/16/2023 | |
| 61 | - | Comm report: Amended, No recommendation, re-referred to Rules and Administration2177a03/22/2023 | |
| 62 | - | Comm report: To pass and re-referred to Taxes364804/11/2023 | |
| 63 | - | Comm report: To pass as amended and re-refer to Finance5459a04/19/2023 2.1 18; 297A.85; 297D.01; 297D.04; 297D.06; 297D.07; 297D.08; 297D.085; 297D.09, | |
| 64 | - | 2.2 subdivision 1a; 297D.10; 297D.11; 340A.412, subdivision 14; 609.135, subdivision | |
| 65 | - | 2.3 1; 609.2111; 609.5311, subdivision 1; 609.5314, subdivision 1; 609.5316, | |
| 66 | - | 2.4 subdivision 2; 609A.01; 609A.03, subdivisions 5, 9; 609B.425, subdivision 2; | |
| 67 | - | 2.5 609B.435, subdivision 2; 624.712, by adding subdivisions; 624.713, subdivision | |
| 68 | - | 2.6 1; 624.714, subdivision 6; 624.7142, subdivision 1; 624.7143, by adding a | |
| 69 | - | 2.7 subdivision; 624.7151; proposing coding for new law in Minnesota Statutes, | |
| 70 | - | 2.8 chapters 3; 116J; 116L; 120B; 144; 152; 169A; 270C; 289A; 295; 340A; 477A; | |
| 71 | - | 2.9 609A; 624; proposing coding for new law as Minnesota Statutes, chapter 342; | |
| 72 | - | 2.10 repealing Minnesota Statutes 2022, sections 34A.01, subdivision 4; 151.72; | |
| 73 | - | 2.11 152.027, subdivisions 3, 4; 152.21; 152.22, subdivisions 1, 2, 3, 4, 5, 5a, 5b, 6, 7, | |
| 74 | - | 2.12 8, 9, 10, 11, 12, 13, 14; 152.23; 152.24; 152.25, subdivisions 1, 1a, 1b, 1c, 2, 3, | |
| 75 | - | 2.13 4; 152.26; 152.261; 152.27, subdivisions 1, 2, 3, 4, 5, 6, 7; 152.28, subdivisions | |
| 76 | - | 2.14 1, 2, 3; 152.29, subdivisions 1, 2, 3, 3a, 4; 152.30; 152.31; 152.32, subdivisions | |
| 77 | - | 2.15 1, 2, 3; 152.33, subdivisions 1, 1a, 2, 3, 4, 5, 6; 152.34; 152.35; 152.36, subdivisions | |
| 78 | - | 2.16 1, 1a, 2, 3, 4, 5; 152.37; Minnesota Rules, parts 4770.0100; 4770.0200; 4770.0300; | |
| 79 | - | 2.17 4770.0400; 4770.0500; 4770.0600; 4770.0800; 4770.0900; 4770.1000; 4770.1100; | |
| 80 | - | 2.18 4770.1200; 4770.1300; 4770.1400; 4770.1460; 4770.1500; 4770.1600; 4770.1700; | |
| 81 | - | 2.19 4770.1800; 4770.1900; 4770.2000; 4770.2100; 4770.2200; 4770.2300; 4770.2400; | |
| 82 | - | 2.20 4770.2700; 4770.2800; 4770.4000; 4770.4002; 4770.4003; 4770.4004; 4770.4005; | |
| 83 | - | 2.21 4770.4007; 4770.4008; 4770.4009; 4770.4010; 4770.4012; 4770.4013; 4770.4014; | |
| 84 | - | 2.22 4770.4015; 4770.4016; 4770.4017; 4770.4018; 4770.4030. | |
| 85 | - | 2.23BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: | |
| 86 | - | 2.24 ARTICLE 1 | |
| 87 | - | 2.25 REGULATION OF ADULT-USE CANNABIS | |
| 88 | - | 2.26 Section 1. [342.01] DEFINITIONS. | |
| 89 | - | 2.27 Subdivision 1.Terms.For the purposes of this chapter, the following terms have the | |
| 90 | - | 2.28meanings given them. | |
| 91 | - | 2.29 Subd. 2.Adult-use cannabis concentrate."Adult-use cannabis concentrate" means | |
| 92 | - | 2.30cannabis concentrate that is approved for sale by the office or is substantially similar to a | |
| 93 | - | 2.31product approved by the office. Adult-use cannabis concentrate does not include synthetically | |
| 94 | - | 2.32derived cannabinoids. | |
| 95 | - | 2.33 Subd. 3.Adult-use cannabis flower."Adult-use cannabis flower" means cannabis | |
| 96 | - | 2.34flower that is approved for sale by the office or is substantially similar to a product approved | |
| 97 | - | 2.35by the office. Adult-use cannabis flower does not include medical cannabis flower, hemp | |
| 98 | - | 2.36plant parts, or hemp-derived consumer products. | |
| 99 | - | 2.37 Subd. 4.Adult-use cannabis product."Adult-use cannabis product" means a cannabinoid | |
| 100 | - | 2.38product that is approved for sale by the office or is substantially similar to a product approved | |
| 101 | - | 2.39by the office. Adult-use cannabis product includes edible cannabis products but does not | |
| 102 | - | 2.40include medical cannabinoid products or lower-potency hemp edibles. | |
| 61 | + | Comm report: Amended, No recommendation, re-referred to Rules and Administration03/22/2023 2.1 297D.01; 297D.04; 297D.06; 297D.07; 297D.08; 297D.085; 297D.09, subdivision | |
| 62 | + | 2.2 1a; 297D.10; 297D.11; 340A.412, subdivision 14; 609.135, subdivision 1; | |
| 63 | + | 2.3 609.2111; 609.5311, subdivision 1; 609.5314, subdivision 1; 609.5316, subdivision | |
| 64 | + | 2.4 2; 609A.01; 609A.03, subdivisions 5, 9; 609B.425, subdivision 2; 609B.435, | |
| 65 | + | 2.5 subdivision 2; 624.712, by adding subdivisions; 624.713, subdivision 1; 624.714, | |
| 66 | + | 2.6 subdivision 6; 624.7142, subdivision 1; 624.7143, by adding a subdivision; | |
| 67 | + | 2.7 624.7151; proposing coding for new law in Minnesota Statutes, chapters 3; 116J; | |
| 68 | + | 2.8 116L; 120B; 144; 152; 169A; 289A; 295; 340A; 609A; 624; proposing coding for | |
| 69 | + | 2.9 new law as Minnesota Statutes, chapter 342; repealing Minnesota Statutes 2022, | |
| 70 | + | 2.10 sections 151.72; 152.027, subdivisions 3, 4; 152.21; 152.22, subdivisions 1, 2, 3, | |
| 71 | + | 2.11 4, 5, 5a, 5b, 6, 7, 8, 9, 10, 11, 12, 13, 14; 152.23; 152.24; 152.25, subdivisions 1, | |
| 72 | + | 2.12 1a, 1b, 1c, 2, 3, 4; 152.26; 152.261; 152.27, subdivisions 1, 2, 3, 4, 5, 6, 7; 152.28, | |
| 73 | + | 2.13 subdivisions 1, 2, 3; 152.29, subdivisions 1, 2, 3, 3a, 4; 152.30; 152.31; 152.32, | |
| 74 | + | 2.14 subdivisions 1, 2, 3; 152.33, subdivisions 1, 1a, 2, 3, 4, 5, 6; 152.34; 152.35; 152.36, | |
| 75 | + | 2.15 subdivisions 1, 1a, 2, 3, 4, 5; 152.37; Minnesota Rules, parts 4770.0100; 4770.0200; | |
| 76 | + | 2.16 4770.0300; 4770.0400; 4770.0500; 4770.0600; 4770.0800; 4770.0900; 4770.1000; | |
| 77 | + | 2.17 4770.1100; 4770.1200; 4770.1300; 4770.1400; 4770.1460; 4770.1500; 4770.1600; | |
| 78 | + | 2.18 4770.1700; 4770.1800; 4770.1900; 4770.2000; 4770.2100; 4770.2200; 4770.2300; | |
| 79 | + | 2.19 4770.2400; 4770.2700; 4770.2800; 4770.4000; 4770.4002; 4770.4003; 4770.4004; | |
| 80 | + | 2.20 4770.4005; 4770.4007; 4770.4008; 4770.4009; 4770.4010; 4770.4012; 4770.4013; | |
| 81 | + | 2.21 4770.4014; 4770.4015; 4770.4016; 4770.4017; 4770.4018; 4770.4030. | |
| 82 | + | 2.22BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: | |
| 83 | + | 2.23 ARTICLE 1 | |
| 84 | + | 2.24 REGULATION OF ADULT-USE CANNABIS | |
| 85 | + | 2.25 Section 1. [342.01] DEFINITIONS. | |
| 86 | + | 2.26 Subdivision 1.Terms.For the purposes of this chapter, the following terms have the | |
| 87 | + | 2.27meanings given them. | |
| 88 | + | 2.28 Subd. 2.Adult-use cannabis concentrate."Adult-use cannabis concentrate" means | |
| 89 | + | 2.29cannabis concentrate that is approved for sale by the office or is substantially similar to a | |
| 90 | + | 2.30product approved by the office. Adult-use cannabis concentrate does not include synthetically | |
| 91 | + | 2.31derived cannabinoids. | |
| 92 | + | 2.32 Subd. 3.Adult-use cannabis flower."Adult-use cannabis flower" means cannabis | |
| 93 | + | 2.33flower that is approved for sale by the office or is substantially similar to a product approved | |
| 94 | + | 2.34by the office. Adult-use cannabis flower does not include medical cannabis flower, hemp | |
| 95 | + | 2.35plant parts, or hemp-derived consumer products. | |
| 96 | + | 2.36 Subd. 4.Adult-use cannabis product."Adult-use cannabis product" means a cannabinoid | |
| 97 | + | 2.37product that is approved for sale by the office or is substantially similar to a product approved | |
| 98 | + | 2.38by the office. Adult-use cannabis product includes edible cannabinoid products but does | |
| 99 | + | 2.39not include medical cannabinoid products. | |
| 100 | + | 2.40 Subd. 5.Advertisement."Advertisement" means any written or oral statement, | |
| 101 | + | 2.41illustration, or depiction that is intended to promote sales of cannabis flower, cannabinoid | |
| 103 | 102 | 2Article 1 Section 1. | |
| 104 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 3.1 Subd. 5.Advertisement."Advertisement" means any written or oral statement, | |
| 105 | - | 3.2illustration, or depiction that is intended to promote sales of cannabis flower, cannabis | |
| 106 | - | 3.3products, lower-potency hemp edibles, hemp-derived consumer products, or sales at a | |
| 107 | - | 3.4specific cannabis business or hemp business and includes any newspaper, radio, internet | |
| 108 | - | 3.5and electronic media, or television promotion; the distribution of fliers and circulars; and | |
| 109 | - | 3.6the display of window and interior signs in a cannabis business. Advertisement does not | |
| 110 | - | 3.7include a fixed outdoor sign that meets the requirements in section 342.63, subdivision 2, | |
| 111 | - | 3.8paragraph (b). | |
| 112 | - | 3.9 Subd. 6.Artificial cannabinoid."Artificial cannabinoid" means a substance with a | |
| 113 | - | 3.10similar chemical structure and pharmacological activity to a cannabinoid but that is not | |
| 114 | - | 3.11extracted or derived from cannabis plants, cannabis flower, hemp plants, or hemp plant | |
| 115 | - | 3.12parts and is instead created or produced by chemical or biochemical synthesis. | |
| 116 | - | 3.13 Subd. 7.Batch."Batch" means: | |
| 117 | - | 3.14 (1) a specific quantity of cannabis plants that are cultivated from the same seed or plant | |
| 118 | - | 3.15stock, are cultivated together, are intended to be harvested together, and receive an identical | |
| 119 | - | 3.16propagation and cultivation treatment; | |
| 120 | - | 3.17 (2) a specific quantity of cannabis flower that is harvested together; is uniform and | |
| 121 | - | 3.18intended to meet specifications for identity, strength, purity, and composition; and receives | |
| 122 | - | 3.19identical sorting, drying, curing, and storage treatment; or | |
| 123 | - | 3.20 (3) a specific quantity of a specific cannabis product, lower-potency hemp edible, | |
| 124 | - | 3.21synthetically derived cannabinoid, hemp-derived consumer product, or hemp-derived topical | |
| 125 | - | 3.22product that is manufactured at the same time and using the same methods, equipment, and | |
| 126 | - | 3.23ingredients that are uniform and intended to meet specifications for identity, strength, purity, | |
| 127 | - | 3.24and composition and that is manufactured, packaged, and labeled according to a single batch | |
| 128 | - | 3.25production record executed and documented during the same cycle of manufacture and | |
| 129 | - | 3.26produced by a continuous process. | |
| 130 | - | 3.27 Subd. 8.Batch number."Batch number" means a unique numeric or alphanumeric | |
| 131 | - | 3.28identifier assigned to a batch of cannabis flower or a batch of cannabis plants, cannabis | |
| 132 | - | 3.29products, lower-potency hemp edibles, synthetically derived cannabinoid, hemp-derived | |
| 133 | - | 3.30consumer products, or hemp-derived topical products. | |
| 134 | - | 3.31 Subd. 9.Bona fide labor organization."Bona fide labor organization" means a labor | |
| 135 | - | 3.32union that represents or is actively seeking to represent cannabis workers. | |
| 103 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 3.1products, lower-potency edible products, hemp-derived consumer products, or sales at a | |
| 104 | + | 3.2specific cannabis business and includes any newspaper, radio, internet and electronic media, | |
| 105 | + | 3.3or television promotion; the distribution of fliers and circulars; and the display of window | |
| 106 | + | 3.4and interior signs in a cannabis business. Advertisement does not include a fixed outdoor | |
| 107 | + | 3.5sign that meets the requirements in section 342.63, subdivision 2, paragraph (b). | |
| 108 | + | 3.6 Subd. 6.Artificial cannabinoid."Artificial cannabinoid" means a substance with a | |
| 109 | + | 3.7similar chemical structure and pharmacological activity to a cannabinoid but that is not | |
| 110 | + | 3.8extracted or derived from cannabis plants, cannabis flower, hemp plants, or hemp plant | |
| 111 | + | 3.9parts and is instead created or produced by chemical or biochemical synthesis. | |
| 112 | + | 3.10 Subd. 7.Batch."Batch" means: | |
| 113 | + | 3.11 (1) a specific quantity of cannabis plants that are cultivated from the same seed or plant | |
| 114 | + | 3.12stock, are cultivated together, are intended to be harvested together, and receive an identical | |
| 115 | + | 3.13propagation and cultivation treatment; | |
| 116 | + | 3.14 (2) a specific quantity of cannabis flower that is harvested together; is uniform and | |
| 117 | + | 3.15intended to meet specifications for identity, strength, purity, and composition; and receives | |
| 118 | + | 3.16identical sorting, drying, curing, and storage treatment; or | |
| 119 | + | 3.17 (3) a specific quantity of a specific cannabis product, lower-potency hemp edible, | |
| 120 | + | 3.18synthetically derived cannabinoid, hemp-derived consumer product, or hemp-derived topical | |
| 121 | + | 3.19product that is manufactured at the same time and using the same methods, equipment, and | |
| 122 | + | 3.20ingredients that are uniform and intended to meet specifications for identity, strength, purity, | |
| 123 | + | 3.21and composition and that is manufactured, packaged, and labeled according to a single batch | |
| 124 | + | 3.22production record executed and documented during the same cycle of manufacture and | |
| 125 | + | 3.23produced by a continuous process. | |
| 126 | + | 3.24 Subd. 8.Batch number."Batch number" means a unique numeric or alphanumeric | |
| 127 | + | 3.25identifier assigned to a batch of cannabis flower or a batch of cannabis plants, cannabis | |
| 128 | + | 3.26products, lower-potency hemp edibles, synthetically derived cannabinoid, hemp-derived | |
| 129 | + | 3.27consumer products, or hemp-derived topical products. | |
| 130 | + | 3.28 Subd. 9.Bona fide labor organization."Bona fide labor organization" means a labor | |
| 131 | + | 3.29union that represents or is actively seeking to represent cannabis workers. | |
| 132 | + | 3.30 Subd. 10.Cannabinoid."Cannabinoid" means any of the chemical constituents of hemp | |
| 133 | + | 3.31plants or cannabis plants that are naturally occurring, biologically active, and act on the | |
| 134 | + | 3.32cannabinoid receptors of the brain. Cannabinoid includes but is not limited to | |
| 135 | + | 3.33tetrahydrocannabinol and cannabidiol. | |
| 136 | 136 | 3Article 1 Section 1. | |
| 137 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 4.1 Subd. 10.Cannabinoid."Cannabinoid" means any of the chemical constituents of hemp | |
| 138 | - | 4.2plants or cannabis plants that are naturally occurring, biologically active, and act on the | |
| 139 | - | 4.3cannabinoid receptors of the brain. Cannabinoid includes but is not limited to | |
| 140 | - | 4.4tetrahydrocannabinol and cannabidiol. | |
| 141 | - | 4.5 Subd. 11.Cannabinoid extraction."Cannabinoid extraction" means the process of | |
| 142 | - | 4.6extracting cannabis concentrate from cannabis plants or cannabis flower using water, lipids, | |
| 143 | - | 4.7gases, solvents, or other chemicals or chemical processes, but does not include the process | |
| 144 | - | 4.8of extracting concentrate from hemp plants or hemp plant parts or the process of creating | |
| 145 | - | 4.9synthetically derived cannabinoids. | |
| 146 | - | 4.10 Subd. 12.Cannabinoid profile."Cannabinoid profile" means the amounts of each | |
| 147 | - | 4.11cannabinoid that the office requires to be identified in testing and labeling, including but | |
| 148 | - | 4.12not limited to delta-9 tetrahydrocannabinol, tetrahydrocannabinolic acid, cannabidiol, | |
| 149 | - | 4.13cannabidiolic acid in cannabis flower, a cannabinoid product, a batch of synthetically derived | |
| 150 | - | 4.14cannabinoid, or a hemp-derived consumer product, expressed as percentages measured by | |
| 151 | - | 4.15weight and, in the case of cannabinoid products and hemp-derived consumer products, | |
| 152 | - | 4.16expressed as milligrams in each serving and package. | |
| 153 | - | 4.17 Subd. 13.Cannabis business."Cannabis business" means any of the following licensed | |
| 154 | - | 4.18under this chapter: | |
| 155 | - | 4.19 (1) cannabis microbusiness; | |
| 156 | - | 4.20 (2) cannabis mezzobusiness; | |
| 157 | - | 4.21 (3) cannabis cultivator; | |
| 158 | - | 4.22 (4) cannabis manufacturer; | |
| 159 | - | 4.23 (5) cannabis retailer; | |
| 160 | - | 4.24 (6) cannabis wholesaler; | |
| 161 | - | 4.25 (7) cannabis transporter; | |
| 162 | - | 4.26 (8) cannabis testing facility; | |
| 163 | - | 4.27 (9) cannabis event organizer; | |
| 164 | - | 4.28 (10) cannabis delivery service; | |
| 165 | - | 4.29 (11) medical cannabis cultivator; | |
| 166 | - | 4.30 (12) medical cannabis processor; and | |
| 167 | - | 4.31 (13) medical cannabis retailer. | |
| 137 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 4.1 Subd. 11.Cannabinoid extraction."Cannabinoid extraction" means the process of | |
| 138 | + | 4.2extracting cannabis concentrate from cannabis plants or cannabis flower using water, lipids, | |
| 139 | + | 4.3gases, solvents, or other chemicals or chemical processes, but does not include the process | |
| 140 | + | 4.4of extracting concentrate from hemp plants or hemp plant parts or the process of creating | |
| 141 | + | 4.5synthetically derived cannabinoids. | |
| 142 | + | 4.6 Subd. 12.Cannabinoid profile."Cannabinoid profile" means the amounts of each | |
| 143 | + | 4.7cannabinoid that the office requires to be identified in testing and labeling, including but | |
| 144 | + | 4.8not limited to delta-9 tetrahydrocannabinol, tetrahydrocannabinolic acid, cannabidiol, | |
| 145 | + | 4.9cannabidiolic acid in cannabis flower, a cannabinoid product, a batch of synthetically derived | |
| 146 | + | 4.10cannabinoid, or a hemp-derived consumer product, expressed as percentages measured by | |
| 147 | + | 4.11weight and, in the case of cannabinoid products and hemp-derived consumer products, | |
| 148 | + | 4.12expressed as milligrams in each serving and package. | |
| 149 | + | 4.13 Subd. 13.Cannabis business."Cannabis business" means any of the following licensed | |
| 150 | + | 4.14under this chapter: | |
| 151 | + | 4.15 (1) cannabis microbusiness; | |
| 152 | + | 4.16 (2) cannabis mezzobusiness; | |
| 153 | + | 4.17 (3) cannabis cultivator; | |
| 154 | + | 4.18 (4) cannabis manufacturer; | |
| 155 | + | 4.19 (5) cannabis retailer; | |
| 156 | + | 4.20 (6) cannabis wholesaler; | |
| 157 | + | 4.21 (7) cannabis testing facility; | |
| 158 | + | 4.22 (8) cannabis event organizer; | |
| 159 | + | 4.23 (9) cannabis delivery service; | |
| 160 | + | 4.24 (10) medical cannabis cultivator; | |
| 161 | + | 4.25 (11) medical cannabis processor; and | |
| 162 | + | 4.26 (12) medical cannabis retailer. | |
| 163 | + | 4.27 Subd. 14.Cannabis concentrate.(a) "Cannabis concentrate" means: | |
| 164 | + | 4.28 (1) the extracts and resins of a cannabis plant or cannabis flower; | |
| 165 | + | 4.29 (2) the extracts or resins of a cannabis plant or cannabis flower that are refined to increase | |
| 166 | + | 4.30the presence of targeted cannabinoids; or | |
| 168 | 167 | 4Article 1 Section 1. | |
| 169 | - | S0073- | |
| 170 | - | 5. | |
| 171 | - | 5. | |
| 172 | - | 5. | |
| 173 | - | 5. | |
| 174 | - | 5. | |
| 175 | - | 5. | |
| 176 | - | 5. | |
| 177 | - | 5. | |
| 178 | - | 5.10 Subd. | |
| 179 | - | 5. | |
| 180 | - | 5. | |
| 181 | - | 5. | |
| 182 | - | 5. | |
| 183 | - | 5. | |
| 184 | - | 5. | |
| 185 | - | 5. | |
| 186 | - | 5. | |
| 187 | - | 5. | |
| 188 | - | 5.20 | |
| 189 | - | 5. | |
| 190 | - | 5. | |
| 191 | - | 5. | |
| 192 | - | 5.24 | |
| 193 | - | 5. | |
| 194 | - | 5. | |
| 195 | - | 5.27 | |
| 196 | - | 5.28 ( | |
| 197 | - | 5. | |
| 198 | - | 5. | |
| 199 | - | 5. | |
| 168 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 5.1 (3) a product that is produced by refining extracts or resins of a cannabis plant or cannabis | |
| 169 | + | 5.2flower and is intended to be consumed by combustion or vaporization of the product and | |
| 170 | + | 5.3inhalation of smoke, aerosol, or vapor from the product. | |
| 171 | + | 5.4 (b) Cannabis concentrate does not include industrial hemp, synthetically derived | |
| 172 | + | 5.5cannabinoids, or hemp-derived consumer products. | |
| 173 | + | 5.6 Subd. 15.Cannabis flower."Cannabis flower" means the harvested flower, bud, leaves, | |
| 174 | + | 5.7and stems of a cannabis plant. Cannabis flower includes adult-use cannabis flower and | |
| 175 | + | 5.8medical cannabis flower. Cannabis flower does not include cannabis seed, hemp plant parts, | |
| 176 | + | 5.9or hemp-derived consumer products. | |
| 177 | + | 5.10 Subd. 16.Cannabis industry."Cannabis industry" means every item, product, person, | |
| 178 | + | 5.11process, action, business, or other thing related to cannabis flower and cannabis products | |
| 179 | + | 5.12and subject to regulation under this chapter. | |
| 180 | + | 5.13 Subd. 17.Cannabis paraphernalia."Cannabis paraphernalia" means all equipment, | |
| 181 | + | 5.14products, and materials of any kind that are knowingly or intentionally used primarily in: | |
| 182 | + | 5.15 (1) manufacturing cannabinoid products; | |
| 183 | + | 5.16 (2) ingesting, inhaling, or otherwise introducing cannabis flower or cannabis products | |
| 184 | + | 5.17into the human body; and | |
| 185 | + | 5.18 (3) testing the strength, effectiveness, or purity of cannabis flower, cannabis products, | |
| 186 | + | 5.19lower-potency hemp edibles, or hemp-derived consumer products. | |
| 187 | + | 5.20 Subd. 18.Cannabis plant."Cannabis plant" means all parts of the plant of the genus | |
| 188 | + | 5.21Cannabis that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol | |
| 189 | + | 5.22concentration of more than 0.3 percent on a dry weight basis. | |
| 190 | + | 5.23 Subd. 19.Cannabis product.(a) "Cannabis product" means any of the following: | |
| 191 | + | 5.24 (1) cannabis concentrate; | |
| 192 | + | 5.25 (2) a product infused with cannabinoids, including but not limited to tetrahydrocannabinol, | |
| 193 | + | 5.26extracted or derived from cannabis plants or cannabis flower; or | |
| 194 | + | 5.27 (3) any other product that contains cannabis concentrate. | |
| 195 | + | 5.28 (b) Cannabis product includes adult-use cannabis products, including but not limited to | |
| 196 | + | 5.29edible cannabis products, and medical cannabinoid products. Cannabis product does not | |
| 197 | + | 5.30include cannabis flower, synthetically derived cannabinoids, lower-potency hemp edibles, | |
| 198 | + | 5.31hemp-derived consumer products, or hemp-derived topical products. | |
| 200 | 199 | 5Article 1 Section 1. | |
| 201 | - | S0073- | |
| 202 | - | 6. | |
| 203 | - | 6. | |
| 204 | - | 6. | |
| 205 | - | 6. | |
| 206 | - | 6. | |
| 207 | - | 6. | |
| 208 | - | 6. | |
| 209 | - | 6. | |
| 210 | - | 6. | |
| 211 | - | 6. | |
| 212 | - | 6. | |
| 213 | - | 6. | |
| 214 | - | 6. | |
| 215 | - | 6.15 Subd. | |
| 216 | - | 6. | |
| 217 | - | 6. | |
| 218 | - | 6. | |
| 219 | - | 6.19 Subd. | |
| 220 | - | 6. | |
| 221 | - | 6. | |
| 222 | - | 6. | |
| 223 | - | 6.23 Subd. | |
| 224 | - | 6. | |
| 225 | - | 6. | |
| 226 | - | 6. | |
| 227 | - | 6. | |
| 228 | - | 6. | |
| 229 | - | 6. | |
| 230 | - | 6.30 Subd. | |
| 231 | - | 6. | |
| 232 | - | 6. | |
| 233 | - | 6. | |
| 200 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 6.1 Subd. 20.Cannabis prohibition."Cannabis prohibition" means the system of state and | |
| 201 | + | 6.2federal laws that prevented establishment of a legal market and instead established petty | |
| 202 | + | 6.3offenses and criminal offenses punishable by fines, imprisonment, or both for the cultivation, | |
| 203 | + | 6.4possession, and sale of all parts of the plant of any species of the genus Cannabis, including | |
| 204 | + | 6.5all agronomical varieties, whether growing or not; the seeds thereof; the resin extracted | |
| 205 | + | 6.6from any part of such plant; and every compound, manufacture, salt, derivative, mixture, | |
| 206 | + | 6.7or preparation of such plant, its seeds, or resin. | |
| 207 | + | 6.8 Subd. 21.Cannabis seed."Cannabis seed" means the viable seed of the plant of the | |
| 208 | + | 6.9genus Cannabis that is reasonably expected to grow into a cannabis plant. Cannabis seed | |
| 209 | + | 6.10does not include hemp seed. | |
| 210 | + | 6.11 Subd. 22.Cannabis worker."Cannabis worker" means any individual employed by a | |
| 211 | + | 6.12cannabis business and any individual who is a contractor of a cannabis business whose | |
| 212 | + | 6.13scope of work involves the handling of cannabis plants, cannabis flower, synthetically | |
| 213 | + | 6.14derived cannabinoids, or cannabinoid products. | |
| 214 | + | 6.15 Subd. 23.Child-resistant."Child-resistant" means packaging that meets the poison | |
| 215 | + | 6.16prevention packaging standards in Code of Federal Regulations, title 16, section 1700.15. | |
| 216 | + | 6.17 Subd. 24.Cooperative."Cooperative" means an association conducting business on a | |
| 217 | + | 6.18cooperative plan that is organized or is subject to chapter 308A or 308B. | |
| 218 | + | 6.19 Subd. 25.Council."Council" means the Cannabis Advisory Council. | |
| 219 | + | 6.20 Subd. 26.Cultivation."Cultivation" means any activity involving the planting, growing, | |
| 220 | + | 6.21harvesting, drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp | |
| 221 | + | 6.22plants, or hemp plant parts. | |
| 222 | + | 6.23 Subd. 27.Division of Medical Cannabis."Division of Medical Cannabis" means a | |
| 223 | + | 6.24division housed in the Office of Cannabis Management that operates the medical cannabis | |
| 224 | + | 6.25program. | |
| 225 | + | 6.26 Subd. 28.Division of Social Equity"Division of Social Equity" means a division housed | |
| 226 | + | 6.27in the Office of Cannabis Management that promotes development, stability, and safety in | |
| 227 | + | 6.28communities that have experienced a disproportionate, negative impact from cannabis | |
| 228 | + | 6.29prohibition and usage. | |
| 229 | + | 6.30 Subd. 29.Edible cannabis product."Edible cannabis product" means any product that | |
| 230 | + | 6.31is intended to be eaten or consumed as a beverage by humans; contains a cannabinoid, | |
| 231 | + | 6.32including a synthetically derived cannabinoid, in combination with food ingredients; is not | |
| 232 | + | 6.33a drug; and is a type of product approved for sale by the office, or is substantially similar | |
| 234 | 233 | 6Article 1 Section 1. | |
| 235 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 7.1 Subd. 29.Edible cannabis product."Edible cannabis product" means any product that | |
| 236 | - | 7.2is intended to be eaten or consumed as a beverage by humans; contains a cannabinoid, | |
| 237 | - | 7.3including a synthetically derived cannabinoid, in combination with food ingredients; is not | |
| 238 | - | 7.4a drug; and is a type of product approved for sale by the office, or is substantially similar | |
| 239 | - | 7.5to a product approved by the office including but not limited to products that resemble | |
| 240 | - | 7.6nonalcoholic beverages, candy, and baked goods. Edible cannabis product does not include | |
| 241 | - | 7.7lower-potency hemp edibles. | |
| 242 | - | 7.8 Subd. 30.Health care practitioner."Health care practitioner" means a | |
| 243 | - | 7.9Minnesota-licensed doctor of medicine, a Minnesota-licensed physician assistant acting | |
| 244 | - | 7.10within the scope of authorized practice, or a Minnesota-licensed advanced practice registered | |
| 245 | - | 7.11nurse who has the primary responsibility for the care and treatment of the qualifying medical | |
| 246 | - | 7.12condition of an individual diagnosed with a qualifying medical condition. | |
| 247 | - | 7.13 Subd. 31.Health record."Health record" has the meaning given in section 144.291, | |
| 248 | - | 7.14subdivision 2. | |
| 249 | - | 7.15 Subd. 32.Hemp business.(a) "Hemp business" means either of the following licensed | |
| 250 | - | 7.16under this chapter: | |
| 251 | - | 7.17 (1) lower-potency hemp edible manufacturer; or | |
| 252 | - | 7.18 (2) lower-potency hemp edible retailer. | |
| 253 | - | 7.19 (b) Hemp business does not include a person or entity licensed under chapter 18K to | |
| 254 | - | 7.20grow industrial hemp for commercial or research purposes or to process industrial hemp | |
| 255 | - | 7.21for commercial purposes. | |
| 256 | - | 7.22 Subd. 33.Hemp concentrate.(a) "Hemp concentrate" means: | |
| 257 | - | 7.23 (1) the extracts and resins of a hemp plant or hemp plant parts; | |
| 258 | - | 7.24 (2) the extracts or resins of a hemp plant or hemp plant parts that are refined to increase | |
| 259 | - | 7.25the presence of targeted cannabinoids; or | |
| 260 | - | 7.26 (3) a product that is produced by refining extracts or resins of a hemp plant or hemp | |
| 261 | - | 7.27plant parts and is intended to be consumed by combustion or vaporization of the product | |
| 262 | - | 7.28and inhalation of smoke, aerosol, or vapor from the product. | |
| 263 | - | 7.29 (b) Hemp concentrate does not include synthetically derived cannabinoids, lower-potency | |
| 264 | - | 7.30hemp edibles, hemp-derived consumer products, or hemp-derived topical products. | |
| 265 | - | 7.31 Subd. 34.Hemp consumer industry."Hemp consumer industry" means every item, | |
| 266 | - | 7.32product, person, process, action, business, or other thing related to synthetically derived | |
| 234 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 7.1to a product approved by the office including but not limited to products that resemble | |
| 235 | + | 7.2nonalcoholic beverages, candy, and baked goods. Edible cannabis product does not include | |
| 236 | + | 7.3lower-potency hemp edibles. | |
| 237 | + | 7.4 Subd. 30.Health care practitioner."Health care practitioner" means a | |
| 238 | + | 7.5Minnesota-licensed doctor of medicine, a Minnesota-licensed physician assistant acting | |
| 239 | + | 7.6within the scope of authorized practice, or a Minnesota-licensed advanced practice registered | |
| 240 | + | 7.7nurse who has the primary responsibility for the care and treatment of the qualifying medical | |
| 241 | + | 7.8condition of an individual diagnosed with a qualifying medical condition. | |
| 242 | + | 7.9 Subd. 31.Health record."Health record" has the meaning given in section 144.291, | |
| 243 | + | 7.10subdivision 2. | |
| 244 | + | 7.11 Subd. 32.Hemp business.(a) "Hemp business" means either of the following licensed | |
| 245 | + | 7.12under this chapter: | |
| 246 | + | 7.13 (1) lower-potency hemp edible manufacturer; or | |
| 247 | + | 7.14 (2) lower-potency hemp edible retailer. | |
| 248 | + | 7.15 (b) Hemp business does not include a person or entity licensed under chapter 18K to | |
| 249 | + | 7.16grow industrial hemp for commercial or research purposes or to process industrial hemp | |
| 250 | + | 7.17for commercial purposes. | |
| 251 | + | 7.18 Subd. 33.Hemp concentrate.(a) "Hemp concentrate" means: | |
| 252 | + | 7.19 (1) the extracts and resins of a hemp plant or hemp plant parts; | |
| 253 | + | 7.20 (2) the extracts or resins of a hemp plant or hemp plant parts that are refined to increase | |
| 254 | + | 7.21the presence of targeted cannabinoids; or | |
| 255 | + | 7.22 (3) a product that is produced by refining extracts or resins of a hemp plant or hemp | |
| 256 | + | 7.23plant parts and is intended to be consumed by combustion or vaporization of the product | |
| 257 | + | 7.24and inhalation of smoke, aerosol, or vapor from the product. | |
| 258 | + | 7.25 (b) Hemp concentrate does not include synthetically derived cannabinoids, lower-potency | |
| 259 | + | 7.26hemp edibles, hemp-derived consumer products, or hemp-derived topical products. | |
| 260 | + | 7.27 Subd. 34.Hemp consumer industry."Hemp consumer industry" means every item, | |
| 261 | + | 7.28product, person, process, action, business, or other thing related to synthetically derived | |
| 262 | + | 7.29cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products subject | |
| 263 | + | 7.30to regulation under this chapter. | |
| 267 | 264 | 7Article 1 Section 1. | |
| 268 | - | S0073- | |
| 269 | - | 8. | |
| 270 | - | 8. | |
| 271 | - | 8. | |
| 272 | - | 8. | |
| 273 | - | 8. | |
| 274 | - | 8.7 ( | |
| 275 | - | 8. | |
| 276 | - | 8. | |
| 277 | - | 8. | |
| 278 | - | 8. | |
| 279 | - | 8. | |
| 280 | - | 8. | |
| 281 | - | 8. | |
| 282 | - | 8. | |
| 283 | - | 8. | |
| 284 | - | 8. | |
| 285 | - | 8. | |
| 286 | - | 8. | |
| 287 | - | 8. | |
| 288 | - | 8. | |
| 289 | - | 8. | |
| 290 | - | 8. | |
| 291 | - | 8. | |
| 292 | - | 8. | |
| 293 | - | 8. | |
| 294 | - | 8. | |
| 295 | - | 8. | |
| 296 | - | 8. | |
| 297 | - | 8. | |
| 298 | - | 8. | |
| 299 | - | 8. | |
| 300 | - | 8. | |
| 265 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 8.1 Subd. 35.Hemp-derived consumer product.(a) "Hemp-derived consumer product" | |
| 266 | + | 8.2means a product intended for human or animal consumption that does not contain cannabis | |
| 267 | + | 8.3flower or cannabis concentrate, and: | |
| 268 | + | 8.4 (1) contains or consists of hemp plant parts; or | |
| 269 | + | 8.5 (2) contains hemp concentrate or synthetically derived cannabinoids in combination | |
| 270 | + | 8.6with other ingredients. | |
| 271 | + | 8.7 (b) Hemp-derived consumer product does not include synthetically derived cannabinoids, | |
| 272 | + | 8.8lower-potency hemp edibles, hemp-derived topical products, hemp fiber products, or hemp | |
| 273 | + | 8.9grain. | |
| 274 | + | 8.10 Subd. 36.Hemp-derived topical product."Hemp-derived topical product" means a | |
| 275 | + | 8.11product intended for human or animal consumption that contains hemp concentrate, is | |
| 276 | + | 8.12intended for application externally to a part of the body of a human or animal, and does not | |
| 277 | + | 8.13contain cannabis flower or cannabis concentrate. | |
| 278 | + | 8.14 Subd. 37.Hemp fiber product."Hemp fiber product" means an intermediate or finished | |
| 279 | + | 8.15product made from the fiber of hemp plant parts that is not intended for human or animal | |
| 280 | + | 8.16consumption. Hemp fiber product includes but is not limited to cordage, paper, fuel, textiles, | |
| 281 | + | 8.17bedding, insulation, construction materials, compost materials, and industrial materials. | |
| 282 | + | 8.18 Subd. 38.Hemp grain."Hemp grain" means the harvested seeds of the hemp plant | |
| 283 | + | 8.19intended for consumption as a food or part of a food product. Hemp grain includes oils | |
| 284 | + | 8.20pressed or extracted from harvested hemp seeds. | |
| 285 | + | 8.21 Subd. 39.Hemp plant."Hemp plant" means all parts of the plant of the genus Cannabis | |
| 286 | + | 8.22that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol | |
| 287 | + | 8.23concentration of no more than 0.3 percent on a dry weight basis. | |
| 288 | + | 8.24 Subd. 40.Hemp plant parts."Hemp plant parts" means any part of the harvested hemp | |
| 289 | + | 8.25plant, including the flower, bud, leaves, stems, and stalk, but does not include derivatives, | |
| 290 | + | 8.26extracts, cannabinoids, isomers, acids, salts, and salts of isomers that are separated from | |
| 291 | + | 8.27the plant. Hemp plant parts does not include hemp fiber products, hemp grain, or hemp | |
| 292 | + | 8.28seed. | |
| 293 | + | 8.29 Subd. 41.Hemp seed."Hemp seed" means the viable seed of the plant of the genus | |
| 294 | + | 8.30Cannabis that is intended to be planted and is reasonably expected to grow into a hemp | |
| 295 | + | 8.31plant. Hemp seed does not include cannabis seed or hemp grain. | |
| 296 | + | 8.32 Subd. 42.Hemp worker."Hemp worker" means any individual employed by a hemp | |
| 297 | + | 8.33business and any individual who is a contractor of a hemp business whose scope of work | |
| 301 | 298 | 8Article 1 Section 1. | |
| 302 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 9.1 Subd. 42.Hemp worker."Hemp worker" means any individual employed by a hemp | |
| 303 | - | 9.2business and any individual who is a contractor of a hemp business whose scope of work | |
| 304 | - | 9.3involves the handling of synthetically derived cannabinoids, hemp concentrate, lower-potency | |
| 305 | - | 9.4hemp edibles, or hemp-derived consumer products. | |
| 306 | - | 9.5 Subd. 43.Indian lands."Indian lands" means all lands within the limits of any Indian | |
| 307 | - | 9.6reservation within the boundaries of Minnesota and any lands within the boundaries of | |
| 308 | - | 9.7Minnesota title to which are either held in trust by the United States or over which an Indian | |
| 309 | - | 9.8Tribe exercises governmental power. | |
| 310 | - | 9.9 Subd. 44.Industrial hemp."Industrial hemp" has the meaning given in section 18K.02, | |
| 311 | - | 9.10subdivision 3. | |
| 312 | - | 9.11 Subd. 45.Intoxicating cannabinoid."Intoxicating cannabinoid" means a cannabinoid, | |
| 313 | - | 9.12including a synthetically derived cannabinoid, that when introduced into the human body | |
| 314 | - | 9.13impairs the central nervous system or impairs the human audio, visual, or mental processes. | |
| 315 | - | 9.14Intoxicating cannabinoid includes but is not limited to any tetrahydrocannabinol. | |
| 316 | - | 9.15 Subd. 46.Labor peace agreement."Labor peace agreement" means an agreement | |
| 317 | - | 9.16between a cannabis business and a bona fide labor organization that protects the state's | |
| 318 | - | 9.17interests by, at minimum, prohibiting the labor organization from engaging in picketing, | |
| 319 | - | 9.18work stoppages, or boycotts against the cannabis business. This type of agreement shall not | |
| 320 | - | 9.19mandate a particular method of election or certification of the bona fide labor organization. | |
| 321 | - | 9.20 Subd. 47.License holder."License holder" means a person, cooperative, or business | |
| 322 | - | 9.21that holds any of the following licenses: | |
| 323 | - | 9.22 (1) cannabis microbusiness; | |
| 324 | - | 9.23 (2) cannabis mezzobusiness; | |
| 325 | - | 9.24 (3) cannabis cultivator; | |
| 326 | - | 9.25 (4) cannabis manufacturer; | |
| 327 | - | 9.26 (5) cannabis retailer; | |
| 328 | - | 9.27 (6) cannabis wholesaler; | |
| 329 | - | 9.28 (7) cannabis transporter; | |
| 330 | - | 9.29 (8) cannabis testing facility; | |
| 331 | - | 9.30 (9) cannabis event organizer; | |
| 332 | - | 9.31 (10) cannabis delivery service; | |
| 299 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 9.1involves the handling of artificially derived cannabinoids, lower-potency hemp edibles, or | |
| 300 | + | 9.2hemp-derived consumer products. | |
| 301 | + | 9.3 Subd. 43.Indian lands."Indian lands" means all lands within the limits of any Indian | |
| 302 | + | 9.4reservation within the boundaries of Minnesota and any lands within the boundaries of | |
| 303 | + | 9.5Minnesota title to which are either held in trust by the United States or over which an Indian | |
| 304 | + | 9.6Tribe exercises governmental power. | |
| 305 | + | 9.7 Subd. 44.Industrial hemp."Industrial hemp" has the meaning given in section 18K.02, | |
| 306 | + | 9.8subdivision 3. | |
| 307 | + | 9.9 Subd. 45.Intoxicating cannabinoid."Intoxicating cannabinoid" means a cannabinoid, | |
| 308 | + | 9.10including a synthetically derived cannabinoid, that when introduced into the human body | |
| 309 | + | 9.11impairs the central nervous system or impairs the human audio, visual, or mental processes. | |
| 310 | + | 9.12Intoxicating cannabinoid includes but is not limited to any tetrahydrocannabinol. | |
| 311 | + | 9.13 Subd. 46.Labor peace agreement."Labor peace agreement" means an agreement | |
| 312 | + | 9.14between a cannabis business and a bona fide labor organization that protects the state's | |
| 313 | + | 9.15interests by, at minimum, prohibiting the labor organization from engaging in picketing, | |
| 314 | + | 9.16work stoppages, or boycotts against the cannabis business. This type of agreement shall not | |
| 315 | + | 9.17mandate a particular method of election or certification of the bona fide labor organization. | |
| 316 | + | 9.18 Subd. 47.License holder."License holder" means a person, cooperative, or business | |
| 317 | + | 9.19that holds any of the following licenses: | |
| 318 | + | 9.20 (1) cannabis microbusiness; | |
| 319 | + | 9.21 (2) cannabis mezzobusiness; | |
| 320 | + | 9.22 (3) cannabis cultivator; | |
| 321 | + | 9.23 (4) cannabis manufacturer; | |
| 322 | + | 9.24 (5) cannabis retailer; | |
| 323 | + | 9.25 (6) cannabis wholesaler; | |
| 324 | + | 9.26 (7) cannabis transporter; | |
| 325 | + | 9.27 (8) cannabis testing facility; | |
| 326 | + | 9.28 (9) cannabis event organizer; | |
| 327 | + | 9.29 (10) cannabis delivery service; | |
| 328 | + | 9.30 (11) lower-potency hemp edible manufacturer; | |
| 333 | 329 | 9Article 1 Section 1. | |
| 334 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 10.1 (11) lower-potency hemp edible manufacturer; | |
| 335 | - | 10.2 (12) lower-potency hemp edible retailer; | |
| 336 | - | 10.3 (13) medical cannabis cultivator; | |
| 337 | - | 10.4 (14) medical cannabis processor; or | |
| 338 | - | 10.5 (15) medical cannabis retailer. | |
| 339 | - | 10.6 Subd. 48.Local unit of government."Local unit of government" means a home rule | |
| 340 | - | 10.7charter or statutory city, county, town, or other political subdivision. | |
| 341 | - | 10.8 Subd. 49.Lower-potency hemp edible."Lower-potency hemp edible" means any | |
| 342 | - | 10.9product that: | |
| 343 | - | 10.10 (1) is intended to be eaten or consumed as a beverage by humans; | |
| 344 | - | 10.11 (2) contains hemp concentrate or a synthetically derived cannabinoid, in combination | |
| 345 | - | 10.12with food ingredients; | |
| 346 | - | 10.13 (3) is not a drug; | |
| 347 | - | 10.14 (4) consists of servings that contain no more than five milligrams of delta-9 | |
| 348 | - | 10.15tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol, or any | |
| 349 | - | 10.16combination of those cannabinoids that does not exceed the identified amounts; | |
| 350 | - | 10.17 (5) does not contain more than a combined total of 0.5 milligrams of all other | |
| 351 | - | 10.18cannabinoids per serving; | |
| 352 | - | 10.19 (6) does not contain a cannabinoid derived from cannabis plants or cannabis flower; and | |
| 353 | - | 10.20 (7) is a type of product approved for sale by the office or is substantially similar to a | |
| 354 | - | 10.21product approved by the office, including but not limited to products that resemble | |
| 355 | - | 10.22nonalcoholic beverages, candy, and baked goods. | |
| 356 | - | 10.23 Subd. 50.Matrix barcode."Matrix barcode" means a code that stores data in a | |
| 357 | - | 10.24two-dimensional array of geometrically shaped dark and light cells capable of being read | |
| 358 | - | 10.25by the camera on a smartphone or other mobile device. | |
| 359 | - | 10.26 Subd. 51.Medical cannabinoid product.(a) "Medical cannabinoid product" means a | |
| 360 | - | 10.27product that: | |
| 361 | - | 10.28 (1) consists of or contains cannabis concentrate or hemp concentrate or is infused with | |
| 362 | - | 10.29cannabinoids, including but not limited to synthetically derived cannabinoids; and | |
| 330 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 10.1 (12) lower-potency hemp edible retailer; | |
| 331 | + | 10.2 (13) medical cannabis cultivator; | |
| 332 | + | 10.3 (14) medical cannabis processor; or | |
| 333 | + | 10.4 (15) medical cannabis retailer. | |
| 334 | + | 10.5 Subd. 48.Local unit of government."Local unit of government" means a home rule | |
| 335 | + | 10.6charter or statutory city, county, town, or other political subdivision. | |
| 336 | + | 10.7 Subd. 49.Lower-potency hemp edible."Lower-potency hemp edible" means any | |
| 337 | + | 10.8product that: | |
| 338 | + | 10.9 (1) is intended to be eaten or consumed as a beverage by humans; | |
| 339 | + | 10.10 (2) contains hemp concentrate or a synthetically derived cannabinoid, in combination | |
| 340 | + | 10.11with food ingredients; | |
| 341 | + | 10.12 (3) is not a drug; | |
| 342 | + | 10.13 (4) consists of servings that contain no more than five milligrams of delta-9 | |
| 343 | + | 10.14tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol, or any | |
| 344 | + | 10.15combination of those cannabinoids that does not exceed the identified amounts; | |
| 345 | + | 10.16 (5) does not contain more than a combined total of 0.5 milligrams of all other | |
| 346 | + | 10.17cannabinoids per serving; | |
| 347 | + | 10.18 (6) does not contain a cannabinoid derived from cannabis plants or cannabis flower; and | |
| 348 | + | 10.19 (7) is a type of product approved for sale by the office or is substantially similar to a | |
| 349 | + | 10.20product approved by the office, including but not limited to products that resemble | |
| 350 | + | 10.21nonalcoholic beverages, candy, and baked goods. | |
| 351 | + | 10.22 Subd. 50.Matrix barcode."Matrix barcode" means a code that stores data in a | |
| 352 | + | 10.23two-dimensional array of geometrically shaped dark and light cells capable of being read | |
| 353 | + | 10.24by the camera on a smartphone or other mobile device. | |
| 354 | + | 10.25 Subd. 51.Medical cannabinoid product.(a) "Medical cannabinoid product" means a | |
| 355 | + | 10.26product that: | |
| 356 | + | 10.27 (1) consists of or contains cannabis concentrate or hemp concentrate or is infused with | |
| 357 | + | 10.28cannabinoids, including but not limited to synthetically derived cannabinoids; and | |
| 358 | + | 10.29 (2) is provided to a patient enrolled in the registry program; a registered designated | |
| 359 | + | 10.30caregiver; or a parent, legal guardian, or spouse of an enrolled patient, by a cannabis retailer | |
| 363 | 360 | 10Article 1 Section 1. | |
| 364 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 11.1 (2) is provided to a patient enrolled in the registry program; a registered designated | |
| 365 | - | 11.2caregiver; or a parent, legal guardian, or spouse of an enrolled patient, by a cannabis retailer | |
| 366 | - | 11.3or medical cannabis retailer to treat or alleviate the symptoms of a qualifying medical | |
| 367 | - | 11.4condition. | |
| 368 | - | 11.5 (b) A medical cannabinoid product must be in the form of: | |
| 369 | - | 11.6 (1) liquid, including but not limited to oil; | |
| 370 | - | 11.7 (2) pill; | |
| 371 | - | 11.8 (3) liquid or oil for use with a vaporized delivery method; | |
| 372 | - | 11.9 (4) water-soluble cannabinoid multiparticulate, including granules, powder, and sprinkles; | |
| 373 | - | 11.10 (5) orally dissolvable product, including lozenges, gum, mints, buccal tablets, and | |
| 374 | - | 11.11sublingual tablets; | |
| 375 | - | 11.12 (6) edible products in the form of gummies and chews; | |
| 376 | - | 11.13 (7) topical formulation; or | |
| 377 | - | 11.14 (8) any allowable form or delivery method approved by the office. | |
| 378 | - | 11.15 (c) Medical cannabinoid product does not include adult-use cannabis products. | |
| 379 | - | 11.16 Subd. 52.Medical cannabis business."Medical cannabis business" means an entity | |
| 380 | - | 11.17licensed under this chapter to engage in one or more of the following: | |
| 381 | - | 11.18 (1) the cultivation of cannabis plants for medical cannabis flower; | |
| 382 | - | 11.19 (2) the manufacture of medical cannabinoid products; and | |
| 383 | - | 11.20 (3) the retail sale of medical cannabis flower and medical cannabinoid products. | |
| 384 | - | 11.21 Subd. 53.Medical cannabis flower."Medical cannabis flower" means cannabis flower | |
| 385 | - | 11.22provided to a patient enrolled in the registry program; a registered designated caregiver; or | |
| 386 | - | 11.23a parent, legal guardian, or spouse of an enrolled patient by a cannabis retailer or medical | |
| 387 | - | 11.24cannabis business to treat or alleviate the symptoms of a qualifying medical condition. | |
| 388 | - | 11.25Medical cannabis flower does not include adult-use cannabis flower or hemp-derived | |
| 389 | - | 11.26consumer products. | |
| 390 | - | 11.27 Subd. 54.Medical cannabis paraphernalia."Medical cannabis paraphernalia" means | |
| 391 | - | 11.28a delivery device, related supply, or educational material used by a patient enrolled in the | |
| 392 | - | 11.29registry program to administer medical cannabis and medical cannabinoid products. | |
| 361 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 11.1or medical cannabis retailer to treat or alleviate the symptoms of a qualifying medical | |
| 362 | + | 11.2condition. | |
| 363 | + | 11.3 (b) A medical cannabinoid product must be in the form of: | |
| 364 | + | 11.4 (1) liquid, including but not limited to oil; | |
| 365 | + | 11.5 (2) pill; | |
| 366 | + | 11.6 (3) liquid or oil for use with a vaporized delivery method; | |
| 367 | + | 11.7 (4) water-soluble cannabinoid multiparticulate, including granules, powder, and sprinkles; | |
| 368 | + | 11.8 (5) orally dissolvable product, including lozenges, gum, mints, buccal tablets, and | |
| 369 | + | 11.9sublingual tablets; | |
| 370 | + | 11.10 (6) edible products in the form of gummies and chews; | |
| 371 | + | 11.11 (7) topical formulation; or | |
| 372 | + | 11.12 (8) any allowable form or delivery method approved by the office. | |
| 373 | + | 11.13 (c) Medical cannabinoid product does not include adult-use cannabis products. | |
| 374 | + | 11.14 Subd. 52.Medical cannabis business."Medical cannabis business" means an entity | |
| 375 | + | 11.15licensed under this chapter to engage in one or more of the following: | |
| 376 | + | 11.16 (1) the cultivation of cannabis plants for medical cannabis flower; | |
| 377 | + | 11.17 (2) the manufacture of medical cannabinoid products; and | |
| 378 | + | 11.18 (3) the retail sale of medical cannabis flower and medical cannabinoid products. | |
| 379 | + | 11.19 Subd. 53.Medical cannabis flower."Medical cannabis flower" means cannabis flower | |
| 380 | + | 11.20provided to a patient enrolled in the registry program; a registered designated caregiver; or | |
| 381 | + | 11.21a parent, legal guardian, or spouse of an enrolled patient by a cannabis retailer or medical | |
| 382 | + | 11.22cannabis business to treat or alleviate the symptoms of a qualifying medical condition. | |
| 383 | + | 11.23Medical cannabis flower does not include adult-use cannabis flower or hemp-derived | |
| 384 | + | 11.24consumer products. | |
| 385 | + | 11.25 Subd. 54.Medical cannabis paraphernalia."Medical cannabis paraphernalia" means | |
| 386 | + | 11.26a delivery device, related supply, or educational material used by a patient enrolled in the | |
| 387 | + | 11.27registry program to administer medical cannabis and medical cannabinoid products. | |
| 388 | + | 11.28 Subd. 55.Nonintoxicating cannabinoid."Nonintoxicating cannabinoid" means a | |
| 389 | + | 11.29cannabinoid that when introduced into the human body does not impair the central nervous | |
| 390 | + | 11.30system and does not impair the human audio, visual, or mental processes. Nonintoxicating | |
| 393 | 391 | 11Article 1 Section 1. | |
| 394 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 12.1 Subd. 55.Nonintoxicating cannabinoid."Nonintoxicating cannabinoid" means a | |
| 395 | - | 12.2cannabinoid that when introduced into the human body does not impair the central nervous | |
| 396 | - | 12.3system and does not impair the human audio, visual, or mental processes. Nonintoxicating | |
| 397 | - | 12.4cannabinoid includes but is not limited to cannabidiol and cannabigerol but does not include | |
| 398 | - | 12.5any synthetically derived cannabinoid. | |
| 399 | - | 12.6 Subd. 56.Office."Office" means the Office of Cannabis Management. | |
| 400 | - | 12.7 Subd. 57.Outdoor advertisement."Outdoor advertisement" means an advertisement | |
| 401 | - | 12.8that is located outdoors or can be seen or heard by an individual who is outdoors and includes | |
| 402 | - | 12.9billboards; advertisements on benches; advertisements at transit stations or transit shelters; | |
| 403 | - | 12.10advertisements on the exterior or interior of buses, taxis, light rail transit, or business vehicles; | |
| 404 | - | 12.11and print signs that do not meet the requirements in section 342.63, subdivision 2, paragraph | |
| 405 | - | 12.12(b), but that are placed or located on the exterior property of a cannabis business or hemp | |
| 406 | - | 12.13business. | |
| 407 | - | 12.14 Subd. 58.Patient."Patient" means a Minnesota resident who has been diagnosed with | |
| 408 | - | 12.15a qualifying medical condition by a health care practitioner and who has met all other | |
| 409 | - | 12.16requirements for patients under this chapter to participate in the registry program. | |
| 410 | - | 12.17 Subd. 59.Patient registry number."Patient registry number" means a unique | |
| 411 | - | 12.18identification number assigned by the Division of Medical Cannabis to a patient enrolled | |
| 412 | - | 12.19in the registry program. | |
| 413 | - | 12.20 Subd. 60.Plant canopy."Plant canopy" means the total surface area within a licensed | |
| 414 | - | 12.21cultivation facility that is used at any time to cultivate mature, flowering cannabis plants. | |
| 415 | - | 12.22Calculation of the area of the plant canopy does not include the surface area within the | |
| 416 | - | 12.23licensed cultivation facility that is used to cultivate immature cannabis plants and seedlings. | |
| 417 | - | 12.24 Subd. 61.Qualifying medical condition."Qualifying medical condition" means a | |
| 418 | - | 12.25diagnosis of any of the following conditions: | |
| 419 | - | 12.26 (1) Alzheimer's disease; | |
| 420 | - | 12.27 (2) autism spectrum disorder that meets the requirements of the fifth edition of the | |
| 421 | - | 12.28Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric | |
| 422 | - | 12.29Association; | |
| 423 | - | 12.30 (3) cancer; | |
| 424 | - | 12.31 (4) chronic motor or vocal tic disorder; | |
| 425 | - | 12.32 (5) chronic pain; | |
| 392 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 12.1cannabinoid includes but is not limited to cannabidiol and cannabigerol but does not include | |
| 393 | + | 12.2any synthetically derived cannabinoid. | |
| 394 | + | 12.3 Subd. 56.Office."Office" means the Office of Cannabis Management. | |
| 395 | + | 12.4 Subd. 57.Outdoor advertisement."Outdoor advertisement" means an advertisement | |
| 396 | + | 12.5that is located outdoors or can be seen or heard by an individual who is outdoors and includes | |
| 397 | + | 12.6billboards; advertisements on benches; advertisements at transit stations or transit shelters; | |
| 398 | + | 12.7advertisements on the exterior or interior of buses, taxis, light rail transit, or business vehicles; | |
| 399 | + | 12.8and print signs that do not meet the requirements in section 342.63, subdivision 2, paragraph | |
| 400 | + | 12.9(b), but that are placed or located on the exterior property of a cannabis business. | |
| 401 | + | 12.10 Subd. 58.Patient."Patient" means a Minnesota resident who has been diagnosed with | |
| 402 | + | 12.11a qualifying medical condition by a health care practitioner and who has met all other | |
| 403 | + | 12.12requirements for patients under this chapter to participate in the registry program. | |
| 404 | + | 12.13 Subd. 59.Patient registry number."Patient registry number" means a unique | |
| 405 | + | 12.14identification number assigned by the Division of Medical Cannabis to a patient enrolled | |
| 406 | + | 12.15in the registry program. | |
| 407 | + | 12.16 Subd. 60.Plant canopy."Plant canopy" means the total surface area within a licensed | |
| 408 | + | 12.17cultivation facility that is used at any time to cultivate mature, flowering cannabis plants. | |
| 409 | + | 12.18Calculation of the area of the plant canopy does not include the surface area within the | |
| 410 | + | 12.19licensed cultivation facility that is used to cultivate immature cannabis plants and seedlings. | |
| 411 | + | 12.20 Subd. 61.Qualifying medical condition."Qualifying medical condition" means a | |
| 412 | + | 12.21diagnosis of any of the following conditions: | |
| 413 | + | 12.22 (1) Alzheimer's disease; | |
| 414 | + | 12.23 (2) autism spectrum disorder that meets the requirements of the fifth edition of the | |
| 415 | + | 12.24Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric | |
| 416 | + | 12.25Association; | |
| 417 | + | 12.26 (3) cancer; | |
| 418 | + | 12.27 (4) chronic motor or vocal tic disorder; | |
| 419 | + | 12.28 (5) chronic pain; | |
| 420 | + | 12.29 (6) glaucoma; | |
| 421 | + | 12.30 (7) human immunodeficiency virus or acquired immune deficiency syndrome; | |
| 422 | + | 12.31 (8) intractable pain as defined in section 152.125, subdivision 1, paragraph (c); | |
| 426 | 423 | 12Article 1 Section 1. | |
| 427 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 13.1 (6) glaucoma; | |
| 428 | - | 13.2 (7) human immunodeficiency virus or acquired immune deficiency syndrome; | |
| 429 | - | 13.3 (8) intractable pain as defined in section 152.125, subdivision 1, paragraph (c); | |
| 430 | - | 13.4 (9) obstructive sleep apnea; | |
| 431 | - | 13.5 (10) post-traumatic stress disorder; | |
| 432 | - | 13.6 (11) Tourette's syndrome; | |
| 433 | - | 13.7 (12) amyotrophic lateral sclerosis; | |
| 434 | - | 13.8 (13) seizures, including those characteristic of epilepsy; | |
| 435 | - | 13.9 (14) severe and persistent muscle spasms, including those characteristic of multiple | |
| 436 | - | 13.10sclerosis; | |
| 437 | - | 13.11 (15) inflammatory bowel disease, including Crohn's disease; | |
| 438 | - | 13.12 (16) irritable bowel syndrome; | |
| 439 | - | 13.13 (17) obsessive-compulsive disorder; | |
| 440 | - | 13.14 (18) sickle cell disease; | |
| 441 | - | 13.15 (19) terminal illness; or | |
| 442 | - | 13.16 (20) any other medical condition or its treatment approved by the office. | |
| 443 | - | 13.17 Subd. 62.Registered designated caregiver."Registered designated caregiver" means | |
| 444 | - | 13.18an individual who: | |
| 445 | - | 13.19 (1) is at least 18 years old; | |
| 446 | - | 13.20 (2) is not disqualified for a criminal offense according to section 342.19, subdivision 2; | |
| 447 | - | 13.21 (3) has been approved by the Division of Medical Cannabis to assist a patient with | |
| 448 | - | 13.22obtaining medical cannabis flower and medical cannabinoid products from a cannabis | |
| 449 | - | 13.23retailer or medical cannabis retailer and with administering medical cannabis flower and | |
| 450 | - | 13.24medical cannabinoid products; and | |
| 451 | - | 13.25 (4) is authorized by the Division of Medical Cannabis to assist a patient with the use of | |
| 452 | - | 13.26medical cannabis flower and medical cannabinoid products. | |
| 453 | - | 13.27 Subd. 63.Registry or registry program."Registry" or "registry program" means the | |
| 454 | - | 13.28patient registry established under this chapter listing patients authorized to obtain medical | |
| 455 | - | 13.29cannabis flower, medical cannabinoid products, and medical cannabis paraphernalia from | |
| 424 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 13.1 (9) obstructive sleep apnea; | |
| 425 | + | 13.2 (10) post-traumatic stress disorder; | |
| 426 | + | 13.3 (11) Tourette's syndrome; | |
| 427 | + | 13.4 (12) amyotrophic lateral sclerosis; | |
| 428 | + | 13.5 (13) seizures, including those characteristic of epilepsy; | |
| 429 | + | 13.6 (14) severe and persistent muscle spasms, including those characteristic of multiple | |
| 430 | + | 13.7sclerosis; | |
| 431 | + | 13.8 (15) inflammatory bowel disease, including Crohn's disease; | |
| 432 | + | 13.9 (16) irritable bowel syndrome; | |
| 433 | + | 13.10 (17) obsessive-compulsive disorder; | |
| 434 | + | 13.11 (18) sickle cell disease; | |
| 435 | + | 13.12 (19) terminal illness; or | |
| 436 | + | 13.13 (20) any other medical condition or its treatment approved by the office. | |
| 437 | + | 13.14 Subd. 62.Registered designated caregiver."Registered designated caregiver" means | |
| 438 | + | 13.15an individual who: | |
| 439 | + | 13.16 (1) is at least 18 years old; | |
| 440 | + | 13.17 (2) is not disqualified for a criminal offense according to section 342.19, subdivision 2; | |
| 441 | + | 13.18 (3) has been approved by the Division of Medical Cannabis to assist a patient with | |
| 442 | + | 13.19obtaining medical cannabis flower and medical cannabinoid products from a cannabis | |
| 443 | + | 13.20retailer or medical cannabis retailer and with administering medical cannabis flower and | |
| 444 | + | 13.21medical cannabinoid products; and | |
| 445 | + | 13.22 (4) is authorized by the Division of Medical Cannabis to assist a patient with the use of | |
| 446 | + | 13.23medical cannabis flower and medical cannabinoid products. | |
| 447 | + | 13.24 Subd. 63.Registry or registry program."Registry" or "registry program" means the | |
| 448 | + | 13.25patient registry established under this chapter listing patients authorized to obtain medical | |
| 449 | + | 13.26cannabis flower, medical cannabinoid products, and medical cannabis paraphernalia from | |
| 450 | + | 13.27cannabis retailers and medical cannabis retailers and administer medical cannabis flower | |
| 451 | + | 13.28and medical cannabinoid products. | |
| 452 | + | 13.29 Subd. 64.Registry verification."Registry verification" means the verification provided | |
| 453 | + | 13.30by the Division of Medical Cannabis that a patient is enrolled in the registry program and | |
| 456 | 454 | 13Article 1 Section 1. | |
| 457 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 14.1cannabis retailers and medical cannabis retailers and administer medical cannabis flower | |
| 458 | - | 14.2and medical cannabinoid products. | |
| 459 | - | 14.3 Subd. 64.Registry verification."Registry verification" means the verification provided | |
| 460 | - | 14.4by the Division of Medical Cannabis that a patient is enrolled in the registry program and | |
| 461 | - | 14.5that includes the patient's name, patient registry number, and, if applicable, the name of the | |
| 462 | - | 14.6patient's registered designated caregiver or parent, legal guardian, or spouse. | |
| 463 | - | 14.7 Subd. 65.Restricted area."Restricted area" means an area where cannabis flower or | |
| 464 | - | 14.8cannabis products are cultivated, manufactured, or stored by a cannabis business. | |
| 465 | - | 14.9 Subd. 66.Statewide monitoring system."Statewide monitoring system" means the | |
| 466 | - | 14.10system for integrated cannabis tracking, inventory, and verification established or adopted | |
| 467 | - | 14.11by the office. | |
| 468 | - | 14.12 Subd. 67.Synthetically derived cannabinoid."Synthetically derived cannabinoid" | |
| 469 | - | 14.13means a cannabinoid extracted from a cannabis plant, cannabis flower, hemp plant, or hemp | |
| 470 | - | 14.14plant parts with a chemical makeup that is changed after extraction to create a different | |
| 471 | - | 14.15cannabinoid or other chemical compound by applying a catalyst other than heat or light. | |
| 472 | - | 14.16Synthetically derived cannabinoid includes but is not limited to any tetrahydrocannabinol | |
| 473 | - | 14.17created from cannabidiol but does not include cannabis concentrate, cannabinoid products, | |
| 474 | - | 14.18or hemp-derived consumer products. | |
| 475 | - | 14.19 Subd. 68.Tribal medical cannabis board."Tribal medical cannabis board" means an | |
| 476 | - | 14.20agency established by each federally recognized Tribal government and duly authorized by | |
| 477 | - | 14.21that Tribe's governing body to perform regulatory oversight and monitor compliance with | |
| 478 | - | 14.22a Tribal medical cannabis program and applicable regulations. | |
| 479 | - | 14.23 Subd. 69.Tribal medical cannabis program."Tribal medical cannabis program" means | |
| 480 | - | 14.24a program established by a federally recognized Tribal government within the boundaries | |
| 481 | - | 14.25of Minnesota regarding the commercial production, processing, sale or distribution, and | |
| 482 | - | 14.26possession of medical cannabis and medical cannabis products. | |
| 483 | - | 14.27 Subd. 70.Tribal medical cannabis program manufacturer."Tribal medical cannabis | |
| 484 | - | 14.28program manufacturer" means an entity designated by a Tribal medical cannabis board | |
| 485 | - | 14.29within the boundaries of Minnesota or a federally recognized Tribal government within the | |
| 486 | - | 14.30boundaries of Minnesota to engage in production, processing, and sale or distribution of | |
| 487 | - | 14.31medical cannabis and medical cannabis products under that Tribe's Tribal medical cannabis | |
| 488 | - | 14.32program. | |
| 455 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 14.1that includes the patient's name, patient registry number, and, if applicable, the name of the | |
| 456 | + | 14.2patient's registered designated caregiver or parent, legal guardian, or spouse. | |
| 457 | + | 14.3 Subd. 65.Restricted area."Restricted area" means an area where cannabis flower or | |
| 458 | + | 14.4cannabis products are cultivated, manufactured, or stored by a cannabis business. | |
| 459 | + | 14.5 Subd. 66.Statewide monitoring system."Statewide monitoring system" means the | |
| 460 | + | 14.6system for integrated cannabis tracking, inventory, and verification established or adopted | |
| 461 | + | 14.7by the office. | |
| 462 | + | 14.8 Subd. 67.Synthetically derived cannabinoid."Synthetically derived cannabinoid" | |
| 463 | + | 14.9means a cannabinoid extracted from a cannabis plant, cannabis flower, hemp plant, or hemp | |
| 464 | + | 14.10plant parts with a chemical makeup that is changed after extraction to create a different | |
| 465 | + | 14.11cannabinoid or other chemical compound by applying a catalyst other than heat or light. | |
| 466 | + | 14.12Synthetically derived cannabinoid includes but is not limited to any tetrahydrocannabinol | |
| 467 | + | 14.13created from cannabidiol but does not include cannabis concentrate, cannabinoid products, | |
| 468 | + | 14.14or hemp-derived consumer products. | |
| 469 | + | 14.15 Subd. 68.Tribal medical cannabis board."Tribal medical cannabis board" means an | |
| 470 | + | 14.16agency established by each federally recognized Tribal government and duly authorized by | |
| 471 | + | 14.17that Tribe's governing body to perform regulatory oversight and monitor compliance with | |
| 472 | + | 14.18a Tribal medical cannabis program and applicable regulations. | |
| 473 | + | 14.19 Subd. 69.Tribal medical cannabis program."Tribal medical cannabis program" means | |
| 474 | + | 14.20a program established by a federally recognized Tribal government within the boundaries | |
| 475 | + | 14.21of Minnesota regarding the commercial production, processing, sale or distribution, and | |
| 476 | + | 14.22possession of medical cannabis and medical cannabis products. | |
| 477 | + | 14.23 Subd. 70.Tribal medical cannabis program manufacturer."Tribal medical cannabis | |
| 478 | + | 14.24program manufacturer" means an entity designated by a Tribal medical cannabis board | |
| 479 | + | 14.25within the boundaries of Minnesota or a federally recognized Tribal government within the | |
| 480 | + | 14.26boundaries of Minnesota to engage in production, processing, and sale or distribution of | |
| 481 | + | 14.27medical cannabis and medical cannabis products under that Tribe's Tribal medical cannabis | |
| 482 | + | 14.28program. | |
| 483 | + | 14.29 Subd. 71.Tribal medical cannabis program patient."Tribal medical cannabis program | |
| 484 | + | 14.30patient" means a person who possesses a valid registration verification card or equivalent | |
| 485 | + | 14.31document that is issued under the laws or regulations of a Tribal nation within the boundaries | |
| 486 | + | 14.32of Minnesota and that verifies that the person is enrolled in or authorized to participate in | |
| 487 | + | 14.33that Tribal nation's Tribal medical cannabis program. | |
| 489 | 488 | 14Article 1 Section 1. | |
| 490 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 15.1 Subd. 71.Tribal medical cannabis program patient."Tribal medical cannabis program | |
| 491 | - | 15.2patient" means a person who possesses a valid registration verification card or equivalent | |
| 492 | - | 15.3document that is issued under the laws or regulations of a Tribal nation within the boundaries | |
| 493 | - | 15.4of Minnesota and that verifies that the person is enrolled in or authorized to participate in | |
| 494 | - | 15.5that Tribal nation's Tribal medical cannabis program. | |
| 495 | - | 15.6 Subd. 72.Veteran."Veteran" means an individual who satisfies the requirements in | |
| 496 | - | 15.7section 197.447. | |
| 497 | - | 15.8 Subd. 73.Visiting designated caregiver."Visiting designated caregiver" means an | |
| 498 | - | 15.9individual who is authorized under a visiting patient's jurisdiction of residence to assist the | |
| 499 | - | 15.10visiting patient with the use of medical cannabis flower and medical cannabinoid products. | |
| 500 | - | 15.11To be considered a visiting designated caregiver, the individual must possess a valid | |
| 501 | - | 15.12verification card or its equivalent that is issued by the visiting patient's jurisdiction of | |
| 502 | - | 15.13residence and that verifies that the individual is authorized to assist the visiting patient with | |
| 503 | - | 15.14the administration of medical cannabis flower and medical cannabinoid products under the | |
| 504 | - | 15.15laws or regulations of the visiting patient's jurisdiction of residence. | |
| 505 | - | 15.16 Subd. 74.Visiting patient."Visiting patient" means an individual who is not a Minnesota | |
| 506 | - | 15.17resident and who possesses a valid registration verification card or its equivalent that is | |
| 507 | - | 15.18issued under the laws or regulations of another state, district, commonwealth, or territory | |
| 508 | - | 15.19of the United States verifying that the individual is enrolled in or authorized to participate | |
| 509 | - | 15.20in that jurisdiction's medical cannabis or medical marijuana program. | |
| 510 | - | 15.21 Subd. 75.Volatile solvent."Volatile solvent" means any solvent that is or produces a | |
| 511 | - | 15.22flammable gas or vapor that, when present in the air in sufficient quantities, will create | |
| 512 | - | 15.23explosive or ignitable mixtures. Volatile solvent includes but is not limited to butane, hexane, | |
| 513 | - | 15.24and propane. | |
| 514 | - | 15.25Sec. 2. [342.02] OFFICE OF CANNABIS MANAGEMENT . | |
| 515 | - | 15.26 Subdivision 1.Establishment.The Office of Cannabis Management is created with the | |
| 516 | - | 15.27powers and duties established by law. In making rules, establishing policy, and exercising | |
| 517 | - | 15.28its regulatory authority over the cannabis industry and hemp consumer industry, the office | |
| 518 | - | 15.29must: | |
| 519 | - | 15.30 (1) promote the public health and welfare; | |
| 520 | - | 15.31 (2) protect public safety; | |
| 521 | - | 15.32 (3) eliminate the illicit market for cannabis flower and cannabis products; | |
| 489 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 15.1 Subd. 72.Veteran."Veteran" means an individual who satisfies the requirements in | |
| 490 | + | 15.2section 197.447. | |
| 491 | + | 15.3 Subd. 73.Visiting designated caregiver."Visiting designated caregiver" means an | |
| 492 | + | 15.4individual who is authorized under a visiting patient's jurisdiction of residence to assist the | |
| 493 | + | 15.5visiting patient with the use of medical cannabis flower and medical cannabinoid products. | |
| 494 | + | 15.6To be considered a visiting designated caregiver, the individual must possess a valid | |
| 495 | + | 15.7verification card or its equivalent that is issued by the visiting patient's jurisdiction of | |
| 496 | + | 15.8residence and that verifies that the individual is authorized to assist the visiting patient with | |
| 497 | + | 15.9the administration of medical cannabis flower and medical cannabinoid products under the | |
| 498 | + | 15.10laws or regulations of the visiting patient's jurisdiction of residence. | |
| 499 | + | 15.11 Subd. 74.Visiting patient."Visiting patient" means an individual who is not a Minnesota | |
| 500 | + | 15.12resident and who possesses a valid registration verification card or its equivalent that is | |
| 501 | + | 15.13issued under the laws or regulations of another state, district, commonwealth, or territory | |
| 502 | + | 15.14of the United States verifying that the individual is enrolled in or authorized to participate | |
| 503 | + | 15.15in that jurisdiction's medical cannabis or medical marijuana program. | |
| 504 | + | 15.16 Subd. 75.Volatile solvent."Volatile solvent" means any solvent that is or produces a | |
| 505 | + | 15.17flammable gas or vapor that, when present in the air in sufficient quantities, will create | |
| 506 | + | 15.18explosive or ignitable mixtures. Volatile solvent includes but is not limited to butane, hexane, | |
| 507 | + | 15.19and propane. | |
| 508 | + | 15.20Sec. 2. [342.02] OFFICE OF CANNABIS MANAGEMENT . | |
| 509 | + | 15.21 Subdivision 1.Establishment.The Office of Cannabis Management is created with the | |
| 510 | + | 15.22powers and duties established by law. In making rules, establishing policy, and exercising | |
| 511 | + | 15.23its regulatory authority over the cannabis and hemp consumer industry, the office must: | |
| 512 | + | 15.24 (1) promote the public health and welfare; | |
| 513 | + | 15.25 (2) protect public safety; | |
| 514 | + | 15.26 (3) eliminate the illicit market for cannabis flower and cannabis products; | |
| 515 | + | 15.27 (4) meet the market demand for cannabis flower and cannabis products; | |
| 516 | + | 15.28 (5) promote a craft industry for cannabis flower and cannabis products; and | |
| 517 | + | 15.29 (6) prioritize growth and recovery in communities that have experienced a | |
| 518 | + | 15.30disproportionate, negative impact from cannabis prohibition. | |
| 519 | + | 15.31 Subd. 2.Powers and duties.The office has the following powers and duties: | |
| 522 | 520 | 15Article 1 Sec. 2. | |
| 523 | - | S0073- | |
| 524 | - | 16. | |
| 525 | - | 16.3 ( | |
| 526 | - | 16. | |
| 527 | - | 16.5 | |
| 528 | - | 16. | |
| 529 | - | 16. | |
| 530 | - | 16. | |
| 531 | - | 16. | |
| 532 | - | 16. | |
| 533 | - | 16. | |
| 534 | - | 16. | |
| 535 | - | 16. | |
| 536 | - | 16. | |
| 537 | - | 16. | |
| 538 | - | 16. | |
| 539 | - | 16.17 ( | |
| 540 | - | 16. | |
| 541 | - | 16. | |
| 542 | - | 16. | |
| 543 | - | 16. | |
| 544 | - | 16. | |
| 545 | - | 16.23 ( | |
| 546 | - | 16. | |
| 547 | - | 16. | |
| 548 | - | 16.26 ( | |
| 549 | - | 16. | |
| 550 | - | 16.28 ( | |
| 551 | - | 16. | |
| 552 | - | 16. | |
| 553 | - | 16. | |
| 521 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 16.1 (1) to develop, maintain, and enforce an organized system of regulation for the cannabis | |
| 522 | + | 16.2industry and hemp consumer industry; | |
| 523 | + | 16.3 (2) to establish programming, services, and notification to protect, maintain, and improve | |
| 524 | + | 16.4the health of citizens; | |
| 525 | + | 16.5 (3) to prevent unauthorized access to cannabis flower, cannabis products, lower-potency | |
| 526 | + | 16.6hemp edibles, and hemp-derived consumer products by individuals under 21 years of age; | |
| 527 | + | 16.7 (4) to establish and regularly update standards for product testing, packaging, and labeling, | |
| 528 | + | 16.8including requirements for an expiration, sell-by, or best-used-by date; | |
| 529 | + | 16.9 (5) to promote economic growth with an emphasis on growth in areas that experienced | |
| 530 | + | 16.10a disproportionate, negative impact from cannabis prohibition; | |
| 531 | + | 16.11 (6) to issue and renew licenses; | |
| 532 | + | 16.12 (7) to require fingerprints from individuals determined to be subject to fingerprinting, | |
| 533 | + | 16.13including the submission of fingerprints to the Federal Bureau of Investigation where | |
| 534 | + | 16.14required by law and to obtain criminal conviction data for individuals seeking a license | |
| 535 | + | 16.15from the office on the individual's behalf or as a cooperative member or director, manager, | |
| 536 | + | 16.16or general partner of a business entity; | |
| 537 | + | 16.17 (8) to receive reports required by this chapter and inspect the premises, records, books, | |
| 538 | + | 16.18and other documents of license holders to ensure compliance with all applicable laws and | |
| 539 | + | 16.19rules; | |
| 540 | + | 16.20 (9) to authorize the use of unmarked motor vehicles to conduct seizures or investigations | |
| 541 | + | 16.21pursuant to the office's authority; | |
| 542 | + | 16.22 (10) to impose and collect civil and administrative penalties as provided in this chapter; | |
| 543 | + | 16.23 (11) to publish such information as may be deemed necessary for the welfare of cannabis | |
| 544 | + | 16.24businesses, cannabis workers, hemp businesses, and hemp workers and the health and safety | |
| 545 | + | 16.25of citizens; | |
| 546 | + | 16.26 (12) to make loans and grants in aid to the extent that appropriations are made available | |
| 547 | + | 16.27for that purpose; | |
| 548 | + | 16.28 (13) to authorize research and studies on cannabis flower, cannabis products, synthetically | |
| 549 | + | 16.29derived cannabinoids, lower-potency hemp edibles, hemp-derived consumer products, the | |
| 550 | + | 16.30cannabis industry, and the hemp consumer industry; | |
| 551 | + | 16.31 (14) to provide reports as required by law; | |
| 554 | 552 | 16Article 1 Sec. 2. | |
| 555 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 17.1 (12) to make loans and grants in aid to the extent that appropriations are made available | |
| 556 | - | 17.2for that purpose; | |
| 557 | - | 17.3 (13) to authorize research and studies on cannabis flower, cannabis products, synthetically | |
| 558 | - | 17.4derived cannabinoids, lower-potency hemp edibles, hemp-derived consumer products, the | |
| 559 | - | 17.5cannabis industry, and the hemp consumer industry; | |
| 560 | - | 17.6 (14) to provide reports as required by law; | |
| 561 | - | 17.7 (15) to develop a warning label regarding the effects of the use of cannabis flower and | |
| 562 | - | 17.8cannabis products by persons 25 years of age or younger; | |
| 563 | - | 17.9 (16) to establish limits on the potency of adult-use cannabis flower and adult-use cannabis | |
| 564 | - | 17.10products that can be sold to customers by licensed cannabis retailers, licensed cannabis | |
| 565 | - | 17.11microbusinesses, and licensed cannabis mezzobusinesses with an endorsement to sell | |
| 566 | - | 17.12adult-use cannabis flower and adult-use cannabis products to customers; | |
| 567 | - | 17.13 (17) to permit, upon application to the office in the form prescribed by the director of | |
| 568 | - | 17.14the office, a licensee under this chapter to perform any activity if such permission is | |
| 569 | - | 17.15substantially necessary for the licensee to perform any other activity permitted by the | |
| 570 | - | 17.16applicant's license and is not otherwise prohibited by law; | |
| 571 | - | 17.17 (18) to remove, upon application to the office in the form prescribed by the director of | |
| 572 | - | 17.18the office, any obligation of a licensee under this chapter if such removal is substantially | |
| 573 | - | 17.19necessary for the licensee to perform any activity permitted by the applicant's license and | |
| 574 | - | 17.20is not otherwise prohibited by law; and | |
| 575 | - | 17.21 (19) to exercise other powers and authority and perform other duties required by law. | |
| 576 | - | 17.22 Subd. 3.Medical cannabis program.(a) The powers and duties of the Department of | |
| 577 | - | 17.23Health with respect to the medical cannabis program under Minnesota Statutes 2022, sections | |
| 578 | - | 17.24152.22 to 152.37, are transferred to the Office of Cannabis Management under section | |
| 579 | - | 17.2515.039. | |
| 580 | - | 17.26 (b) State employees shall not be displaced by the transfer of duties from the Department | |
| 581 | - | 17.27of Health medical cannabis program to the Office of Cannabis Management under this | |
| 582 | - | 17.28subdivision. Any employees transferred under this section to the Office of Cannabis | |
| 583 | - | 17.29Management shall retain their current seniority and benefit accrual rates. | |
| 584 | - | 17.30 Subd. 4.Interagency agreements.(a) The office and the commissioner of agriculture | |
| 585 | - | 17.31shall enter into interagency agreements to ensure that edible cannabis products and | |
| 586 | - | 17.32lower-potency hemp edibles are handled, manufactured, and inspected in a manner that is | |
| 553 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 17.1 (15) to develop a warning label regarding the effects of the use of cannabis flower and | |
| 554 | + | 17.2cannabinoid products by persons 25 years of age or younger; | |
| 555 | + | 17.3 (16) to establish limits on the potency of cannabis flower and cannabinoid products that | |
| 556 | + | 17.4can be sold to customers by licensed cannabis retailers and licensed cannabis microbusinesses | |
| 557 | + | 17.5with an endorsement to sell cannabis flower and cannabinoid products to customers; | |
| 558 | + | 17.6 (17) to permit, upon application to the office in the form prescribed by the director of | |
| 559 | + | 17.7the office, a licensee under this chapter to perform any activity if such permission is | |
| 560 | + | 17.8substantially necessary for the licensee to perform any other activity permitted by the | |
| 561 | + | 17.9applicant's license and is not otherwise prohibited by law; | |
| 562 | + | 17.10 (18) to remove, upon application to the office in the form prescribed by the director of | |
| 563 | + | 17.11the office, any obligation of a licensee under this chapter if such removal is substantially | |
| 564 | + | 17.12necessary for the licensee to perform any activity permitted by the applicant's license and | |
| 565 | + | 17.13is not otherwise prohibited by law; and | |
| 566 | + | 17.14 (19) to exercise other powers and authority and perform other duties required by law. | |
| 567 | + | 17.15 Subd. 3.Medical cannabis program.(a) The powers and duties of the Department of | |
| 568 | + | 17.16Health with respect to the medical cannabis program under Minnesota Statutes 2022, sections | |
| 569 | + | 17.17152.22 to 152.37, are transferred to the Office of Cannabis Management under section | |
| 570 | + | 17.1815.039. | |
| 571 | + | 17.19 (b) State employees shall not be displaced by the transfer of duties from the Department | |
| 572 | + | 17.20of Health medical cannabis program to the Office of Cannabis Management under this | |
| 573 | + | 17.21subdivision. Any employees transferred under this section to the Office of Cannabis | |
| 574 | + | 17.22Management shall retain their current seniority and benefit accrual rates. | |
| 575 | + | 17.23 Subd. 4.Interagency agreements.(a) The office and the commissioner of agriculture | |
| 576 | + | 17.24shall enter into interagency agreements to ensure that edible cannabis products and | |
| 577 | + | 17.25lower-potency hemp edibles are handled, manufactured, and inspected in a manner that is | |
| 578 | + | 17.26consistent with the relevant food safety requirements in chapters 28A, 31, and 34A and | |
| 579 | + | 17.27associated rules. | |
| 580 | + | 17.28 (b) The office may cooperate and enter into other agreements with the commissioner of | |
| 581 | + | 17.29agriculture and may cooperate and enter into agreements with the commissioners and | |
| 582 | + | 17.30directors of other state agencies and departments to promote the beneficial interests of the | |
| 583 | + | 17.31state. | |
| 587 | 584 | 17Article 1 Sec. 2. | |
| 588 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 18.1consistent with the relevant food safety requirements in chapters 28A, 31, and 34A and | |
| 589 | - | 18.2associated rules. | |
| 590 | - | 18.3 (b) The office may cooperate and enter into other agreements with the commissioner of | |
| 591 | - | 18.4agriculture and may cooperate and enter into agreements with the commissioners and | |
| 592 | - | 18.5directors of other state agencies and departments to promote the beneficial interests of the | |
| 593 | - | 18.6state. | |
| 594 | - | 18.7 Subd. 5.Rulemaking.The office may adopt rules to implement any provisions in this | |
| 595 | - | 18.8chapter. Rules for which notice is published in the State Register before July 1, 2025, may | |
| 596 | - | 18.9be adopted using the expedited rulemaking process in section 14.389. | |
| 597 | - | 18.10 Subd. 6.Director.(a) The governor shall appoint a director of the office with the advice | |
| 598 | - | 18.11and consent of the senate. The director must be in the unclassified service and must serve | |
| 599 | - | 18.12at the pleasure of the governor. | |
| 600 | - | 18.13 (b) The salary of the director must not exceed the salary limit established under section | |
| 601 | - | 18.1415A.0815, subdivision 3. | |
| 602 | - | 18.15 (c) While serving as the director and within two years after terminating service, the | |
| 603 | - | 18.16director is prohibited from having a direct or an indirect financial interest in a cannabis | |
| 604 | - | 18.17business or hemp business licensed under this chapter. | |
| 605 | - | 18.18 (d) A person who has served in the legislature or in statewide office is not eligible to be | |
| 606 | - | 18.19appointed to the position of director until five years after the end of the person's term in the | |
| 607 | - | 18.20legislature or statewide office. | |
| 608 | - | 18.21 Subd. 7.Employees.(a) The office may employ other personnel in the classified service | |
| 609 | - | 18.22necessary to carry out the duties in this chapter. | |
| 610 | - | 18.23 (b) A prospective employee of the office must submit a completed criminal history | |
| 611 | - | 18.24records check consent form, a full set of classifiable fingerprints, and the required fees to | |
| 612 | - | 18.25the office. Upon receipt of this information, the office must submit the completed criminal | |
| 613 | - | 18.26history records check consent form, full set of classifiable fingerprints, and required fees | |
| 614 | - | 18.27to the Bureau of Criminal Apprehension. After receiving this information, the bureau must | |
| 615 | - | 18.28conduct a Minnesota criminal history records check of the prospective employee. The bureau | |
| 616 | - | 18.29may exchange a prospective employee's fingerprints with the Federal Bureau of Investigation | |
| 617 | - | 18.30to obtain the prospective employee's national criminal history record information. The | |
| 618 | - | 18.31bureau must return the results of the Minnesota and federal criminal history records checks | |
| 619 | - | 18.32to the director to determine if the prospective employee is disqualified under section 342.19. | |
| 585 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 18.1 Subd. 5.Rulemaking.The office may adopt rules to implement any provisions in this | |
| 586 | + | 18.2chapter. Rules for which notice is published in the State Register before July 1, 2025, may | |
| 587 | + | 18.3be adopted using the expedited rulemaking process in section 14.389. | |
| 588 | + | 18.4 Subd. 6.Director.(a) The governor shall appoint a director of the office with the advice | |
| 589 | + | 18.5and consent of the senate. The director must be in the unclassified service and must serve | |
| 590 | + | 18.6at the pleasure of the governor. | |
| 591 | + | 18.7 (b) The salary of the director must not exceed the salary limit established under section | |
| 592 | + | 18.815A.0815, subdivision 3. | |
| 593 | + | 18.9 (c) While serving as the director and within two years after terminating service, the | |
| 594 | + | 18.10director is prohibited from having a direct or an indirect financial interest in a cannabis | |
| 595 | + | 18.11business or hemp business licensed under this chapter. | |
| 596 | + | 18.12 (d) A person who has served in the legislature or in statewide office is not eligible to be | |
| 597 | + | 18.13appointed to the position of director until five years after the end of the person's term in the | |
| 598 | + | 18.14legislature or statewide office. | |
| 599 | + | 18.15 Subd. 7.Employees.(a) The office may employ other personnel in the classified service | |
| 600 | + | 18.16necessary to carry out the duties in this chapter. | |
| 601 | + | 18.17 (b) A prospective employee of the office must submit a completed criminal history | |
| 602 | + | 18.18records check consent form, a full set of classifiable fingerprints, and the required fees to | |
| 603 | + | 18.19the office. Upon receipt of this information, the office must submit the completed criminal | |
| 604 | + | 18.20history records check consent form, full set of classifiable fingerprints, and required fees | |
| 605 | + | 18.21to the Bureau of Criminal Apprehension. After receiving this information, the bureau must | |
| 606 | + | 18.22conduct a Minnesota criminal history records check of the prospective employee. The bureau | |
| 607 | + | 18.23may exchange a prospective employee's fingerprints with the Federal Bureau of Investigation | |
| 608 | + | 18.24to obtain the prospective employee's national criminal history record information. The | |
| 609 | + | 18.25bureau must return the results of the Minnesota and federal criminal history records checks | |
| 610 | + | 18.26to the director to determine if the prospective employee is disqualified under section 342.19. | |
| 611 | + | 18.27 (c) While employed by the office and within two years after terminating employment, | |
| 612 | + | 18.28an employee may not have a direct or an indirect financial interest in a cannabis business | |
| 613 | + | 18.29licensed under this chapter or in a recipient of a grant under this chapter. | |
| 614 | + | 18.30 Subd. 8.Division of Social Equity.The office must establish a Division of Social Equity. | |
| 615 | + | 18.31At a minimum, the division must: | |
| 616 | + | 18.32 (1) administer grants to communities that experienced a disproportionate, negative impact | |
| 617 | + | 18.33from cannabis prohibition and usage in order to promote economic development, provide | |
| 620 | 618 | 18Article 1 Sec. 2. | |
| 621 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 19.1 (c) While employed by the office and within two years after terminating employment, | |
| 622 | - | 19.2an employee may not have a direct or an indirect financial interest in a cannabis business | |
| 623 | - | 19.3licensed under this chapter or a recipient of a grant under this chapter. | |
| 624 | - | 19.4 Subd. 8.Division of Social Equity.The office must establish a Division of Social Equity. | |
| 625 | - | 19.5At a minimum, the division must: | |
| 626 | - | 19.6 (1) administer grants to communities that experienced a disproportionate, negative impact | |
| 627 | - | 19.7from cannabis prohibition and usage in order to promote economic development, provide | |
| 628 | - | 19.8services to prevent violence, support early intervention programs for youth and families, | |
| 629 | - | 19.9and promote community stability and safety; | |
| 630 | - | 19.10 (2) act as an ombudsperson for the office to provide information, investigate complaints | |
| 631 | - | 19.11under this chapter, and provide or facilitate dispute resolutions; and | |
| 632 | - | 19.12 (3) report to the office on the status of complaints and social equity in the cannabis | |
| 633 | - | 19.13industry. | |
| 634 | - | 19.14 Subd. 9.Compliance with federal law.Nothing in this chapter shall be construed to | |
| 635 | - | 19.15allow cannabis to be transported outside of the state unless explicitly authorized by federal | |
| 636 | - | 19.16law. | |
| 637 | - | 19.17 EFFECTIVE DATE.This section is effective July 1, 2023, except for subdivision 3, | |
| 638 | - | 19.18which is effective January 1, 2024. | |
| 639 | - | 19.19Sec. 3. [342.03] CANNABIS ADVISORY COUNCIL. | |
| 640 | - | 19.20 Subdivision 1.Membership.(a) The Cannabis Advisory Council is created consisting | |
| 641 | - | 19.21of the following members: | |
| 642 | - | 19.22 (1) the director of the Office of Cannabis Management or a designee; | |
| 643 | - | 19.23 (2) the commissioner of employment and economic development or a designee; | |
| 644 | - | 19.24 (3) the commissioner of revenue or a designee; | |
| 645 | - | 19.25 (4) the commissioner of health or a designee; | |
| 646 | - | 19.26 (5) the commissioner of human services or a designee; | |
| 647 | - | 19.27 (6) the commissioner of public safety or a designee; | |
| 648 | - | 19.28 (7) the commissioner of human rights or a designee; | |
| 649 | - | 19.29 (8) the commissioner of labor or a designee; | |
| 650 | - | 19.30 (9) the commissioner of agriculture or a designee; | |
| 619 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 19.1services to prevent violence, support early intervention programs for youth and families, | |
| 620 | + | 19.2and promote community stability and safety; | |
| 621 | + | 19.3 (2) act as an ombudsperson for the office to provide information, investigate complaints | |
| 622 | + | 19.4under this chapter, and provide or facilitate dispute resolutions; and | |
| 623 | + | 19.5 (3) report to the office on the status of complaints and social equity in the cannabis | |
| 624 | + | 19.6industry. | |
| 625 | + | 19.7 Subd. 9.Compliance with federal law.Nothing in this chapter shall be construed to | |
| 626 | + | 19.8allow cannabis to be transported outside of the state unless explicitly authorized by federal | |
| 627 | + | 19.9law. | |
| 628 | + | 19.10 EFFECTIVE DATE.This section is effective July 1, 2023, except for subdivision 3, | |
| 629 | + | 19.11which is effective January 1, 2024. | |
| 630 | + | 19.12Sec. 3. [342.03] CANNABIS ADVISORY COUNCIL. | |
| 631 | + | 19.13 Subdivision 1.Membership.(a) The Cannabis Advisory Council is created consisting | |
| 632 | + | 19.14of the following members: | |
| 633 | + | 19.15 (1) the director of the Office of Cannabis Management or a designee; | |
| 634 | + | 19.16 (2) the commissioner of employment and economic development or a designee; | |
| 635 | + | 19.17 (3) the commissioner of revenue or a designee; | |
| 636 | + | 19.18 (4) the commissioner of health or a designee; | |
| 637 | + | 19.19 (5) the commissioner of human services or a designee; | |
| 638 | + | 19.20 (6) the commissioner of public safety or a designee; | |
| 639 | + | 19.21 (7) the commissioner of human rights or a designee; | |
| 640 | + | 19.22 (8) the commissioner of labor or a designee; | |
| 641 | + | 19.23 (9) the commissioner of agriculture or a designee; | |
| 642 | + | 19.24 (10) the commissioner of the Pollution Control Agency or a designee; | |
| 643 | + | 19.25 (11) the superintendent of the Bureau of Criminal Apprehension or a designee; | |
| 644 | + | 19.26 (12) the colonel of the State Patrol or a designee; | |
| 645 | + | 19.27 (13) the director of the Office of Traffic Safety in the Department of Public Safety or a | |
| 646 | + | 19.28designee; | |
| 647 | + | 19.29 (14) a representative from the League of Minnesota Cities appointed by the league; | |
| 651 | 648 | 19Article 1 Sec. 3. | |
| 652 | - | S0073- | |
| 653 | - | 20. | |
| 654 | - | 20.3 ( | |
| 655 | - | 20.4 ( | |
| 656 | - | 20. | |
| 657 | - | 20.6 ( | |
| 658 | - | 20. | |
| 659 | - | 20. | |
| 660 | - | 20.9 ( | |
| 661 | - | 20.10 ( | |
| 662 | - | 20. | |
| 663 | - | 20.12 ( | |
| 664 | - | 20. | |
| 665 | - | 20. | |
| 666 | - | 20.15 ( | |
| 667 | - | 20. | |
| 668 | - | 20. | |
| 669 | - | 20.18 ( | |
| 670 | - | 20.19 ( | |
| 671 | - | 20. | |
| 672 | - | 20.21 ( | |
| 673 | - | 20. | |
| 674 | - | 20. | |
| 675 | - | 20.24 ( | |
| 676 | - | 20.25 ( | |
| 677 | - | 20.26 ( | |
| 678 | - | 20.27 ( | |
| 679 | - | 20.28 ( | |
| 680 | - | 20. | |
| 649 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 20.1 (15) a representative from the Association of Minnesota Counties appointed by the | |
| 650 | + | 20.2association; | |
| 651 | + | 20.3 (16) an expert in minority business development appointed by the governor; | |
| 652 | + | 20.4 (17) an expert in economic development strategies for under-resourced communities | |
| 653 | + | 20.5appointed by the governor; | |
| 654 | + | 20.6 (18) an expert in farming or representing the interests of farmers appointed by the | |
| 655 | + | 20.7governor; | |
| 656 | + | 20.8 (19) an expert representing the interests of cannabis workers appointed by the governor; | |
| 657 | + | 20.9 (20) an expert representing the interests of employers appointed by the governor; | |
| 658 | + | 20.10 (21) an expert in municipal law enforcement with advanced training in impairment | |
| 659 | + | 20.11detection and evaluation appointed by the governor; | |
| 660 | + | 20.12 (22) an expert in social welfare or social justice appointed by the governor; | |
| 661 | + | 20.13 (23) an expert in criminal justice reform to mitigate the disproportionate impact of drug | |
| 662 | + | 20.14prosecutions on communities of color appointed by the governor; | |
| 663 | + | 20.15 (24) an expert in prevention, treatment, and recovery related to substance use disorders | |
| 664 | + | 20.16appointed by the governor; | |
| 665 | + | 20.17 (25) an expert in minority business ownership appointed by the governor; | |
| 666 | + | 20.18 (26) an expert in women-owned businesses appointed by the governor; | |
| 667 | + | 20.19 (27) an expert in cannabis retailing appointed by the governor; | |
| 668 | + | 20.20 (28) an expert in cannabis product manufacturing appointed by the governor; | |
| 669 | + | 20.21 (29) an expert in laboratory sciences and toxicology appointed by the governor; | |
| 670 | + | 20.22 (30) an expert in providing legal services to cannabis businesses appointed by the | |
| 671 | + | 20.23governor; | |
| 672 | + | 20.24 (31) an expert in cannabis cultivation appointed by the governor; | |
| 673 | + | 20.25 (32) an expert in toxicology appointed by the governor; | |
| 674 | + | 20.26 (33) an expert in pediatric medicine appointed by the governor; | |
| 675 | + | 20.27 (34) an expert in adult medicine appointed by the governor; | |
| 676 | + | 20.28 (35) two patient advocates, one who is a patient enrolled in the medical cannabis program | |
| 677 | + | 20.29and one who is a parent or caregiver of a patient in the medical cannabis program; | |
| 681 | 678 | 20Article 1 Sec. 3. | |
| 682 | - | S0073- | |
| 683 | - | 21.2 ( | |
| 684 | - | 21.3 ( | |
| 685 | - | 21. | |
| 686 | - | 21.5 ( | |
| 687 | - | 21. | |
| 688 | - | 21.7 ( | |
| 689 | - | 21.8 ( | |
| 690 | - | 21.9 ( | |
| 691 | - | 21. | |
| 692 | - | 21.11 ( | |
| 693 | - | 21.12 ( | |
| 694 | - | 21.13 ( | |
| 695 | - | 21.14 ( | |
| 696 | - | 21.15 ( | |
| 697 | - | 21.16 ( | |
| 698 | - | 21. | |
| 699 | - | 21.18 ( | |
| 700 | - | 21. | |
| 701 | - | 21. | |
| 702 | - | 21.21 | |
| 703 | - | 21. | |
| 704 | - | 21. | |
| 705 | - | 21.24 ( | |
| 706 | - | 21. | |
| 707 | - | 21. | |
| 708 | - | 21.27 | |
| 709 | - | 21. | |
| 710 | - | 21. | |
| 679 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 21.1 (36) two licensed mental health professionals appointed by the governor; | |
| 680 | + | 21.2 (37) a veteran appointed by the governor; | |
| 681 | + | 21.3 (38) one member of each of the following federally recognized Tribes, designated by | |
| 682 | + | 21.4the elected Tribal president or chairperson of the governing bodies of: | |
| 683 | + | 21.5 (i) the Fond du Lac Band; | |
| 684 | + | 21.6 (ii) the Grand Portage Band; | |
| 685 | + | 21.7 (iii) the Mille Lacs Band; | |
| 686 | + | 21.8 (iv) the White Earth Band; | |
| 687 | + | 21.9 (v) the Bois Forte Band; | |
| 688 | + | 21.10 (vi) the Leech Lake Band; | |
| 689 | + | 21.11 (vii) the Red Lake Nation; | |
| 690 | + | 21.12 (viii) the Upper Sioux Community; | |
| 691 | + | 21.13 (ix) the Lower Sioux Indian Community; | |
| 692 | + | 21.14 (x) the Shakopee Mdewakanton Sioux Community; and | |
| 693 | + | 21.15 (xi) the Prairie Island Indian Community; and | |
| 694 | + | 21.16 (39) a representative from the Local Public Health Association of Minnesota appointed | |
| 695 | + | 21.17by the association. | |
| 696 | + | 21.18 (b) While serving on the Cannabis Advisory Council and within two years after | |
| 697 | + | 21.19terminating service, a council member shall not serve as a lobbyist, as defined under section | |
| 698 | + | 21.2010A.01, subdivision 21. | |
| 699 | + | 21.21 Subd. 2.Terms; compensation; removal; vacancy; expiration.The membership terms, | |
| 700 | + | 21.22compensation, removal of members appointed by the governor, and filling of vacancies of | |
| 701 | + | 21.23members are provided in section 15.059. | |
| 702 | + | 21.24 Subd. 3.Officers; meetings.(a) The director of the Office of Cannabis Management | |
| 703 | + | 21.25or the director's designee must chair the Cannabis Advisory Council. The advisory council | |
| 704 | + | 21.26must elect a vice-chair and may elect other officers as necessary. | |
| 705 | + | 21.27 (b) The advisory council shall meet quarterly or upon the call of the chair. | |
| 706 | + | 21.28 (c) Meetings of the advisory council are subject to chapter 13D. | |
| 707 | + | 21.29 Subd. 4.Duties.(a) The duties of the advisory council shall include: | |
| 711 | 708 | 21Article 1 Sec. 3. | |
| 712 | - | S0073- | |
| 713 | - | 22. | |
| 714 | - | 22. | |
| 715 | - | 22.4 ( | |
| 716 | - | 22. | |
| 717 | - | 22. | |
| 718 | - | 22.7 ( | |
| 719 | - | 22.8 ( | |
| 720 | - | 22.9 ( | |
| 721 | - | 22. | |
| 722 | - | 22. | |
| 723 | - | 22. | |
| 724 | - | 22. | |
| 725 | - | 22. | |
| 726 | - | 22. | |
| 727 | - | 22. | |
| 728 | - | 22. | |
| 729 | - | 22. | |
| 730 | - | 22. | |
| 731 | - | 22. | |
| 732 | - | 22. | |
| 733 | - | 22. | |
| 734 | - | 22. | |
| 735 | - | 22. | |
| 736 | - | 22. | |
| 737 | - | 22. | |
| 738 | - | 22. | |
| 739 | - | 22. | |
| 740 | - | 22. | |
| 741 | - | 22. | |
| 742 | - | 22. | |
| 709 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 22.1 (1) reviewing national cannabis policy; | |
| 710 | + | 22.2 (2) examining the effectiveness of state cannabis policy; | |
| 711 | + | 22.3 (3) reviewing developments in the cannabis industry and hemp consumer industry; | |
| 712 | + | 22.4 (4) reviewing developments in the study of cannabis flower, cannabis products, | |
| 713 | + | 22.5synthetically derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer | |
| 714 | + | 22.6products; | |
| 715 | + | 22.7 (5) taking public testimony; and | |
| 716 | + | 22.8 (6) making recommendations to the Office of Cannabis Management. | |
| 717 | + | 22.9 (b) At its discretion, the advisory council may examine other related issues consistent | |
| 718 | + | 22.10with this section. | |
| 719 | + | 22.11Sec. 4. [342.04] STUDIES; REPORTS. | |
| 720 | + | 22.12 (a) The office shall conduct a study to determine the expected size and growth of the | |
| 721 | + | 22.13regulated cannabis industry, including an estimate of the demand for cannabis flower and | |
| 722 | + | 22.14cannabis products, the number and geographic distribution of cannabis businesses needed | |
| 723 | + | 22.15to meet that demand, and the anticipated business from residents of other states. | |
| 724 | + | 22.16 (b) The office shall conduct a study to determine the size of the illicit cannabis market, | |
| 725 | + | 22.17the sources of illicit cannabis flower and illicit cannabis products in the state, the locations | |
| 726 | + | 22.18of citations issued and arrests made for cannabis offenses, and the subareas, such as census | |
| 727 | + | 22.19tracts or neighborhoods, that experience a disproportionately large amount of cannabis | |
| 728 | + | 22.20enforcement. | |
| 729 | + | 22.21 (c) The office shall conduct a study on impaired driving to determine: | |
| 730 | + | 22.22 (1) the number of accidents involving one or more drivers who admitted to using cannabis | |
| 731 | + | 22.23flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products, | |
| 732 | + | 22.24or who tested positive for cannabis or tetrahydrocannabinol; | |
| 733 | + | 22.25 (2) the number of arrests of individuals for impaired driving in which the individual | |
| 734 | + | 22.26tested positive for cannabis or tetrahydrocannabinol; and | |
| 735 | + | 22.27 (3) the number of convictions for driving under the influence of cannabis flower, cannabis | |
| 736 | + | 22.28products, lower-potency hemp edibles, hemp-derived consumer products, or | |
| 737 | + | 22.29tetrahydrocannabinol. | |
| 738 | + | 22.30 (d) The office shall provide preliminary reports on the studies conducted pursuant to | |
| 739 | + | 22.31paragraphs (a) to (c) to the legislature by January 15, 2024, and shall provide final reports | |
| 743 | 740 | 22Article 1 Sec. 4. | |
| 744 | - | S0073- | |
| 745 | - | 23. | |
| 746 | - | 23.3 ( | |
| 747 | - | 23. | |
| 748 | - | 23. | |
| 749 | - | 23. | |
| 750 | - | 23. | |
| 751 | - | 23. | |
| 752 | - | 23. | |
| 753 | - | 23. | |
| 754 | - | 23. | |
| 755 | - | 23. | |
| 756 | - | 23. | |
| 757 | - | 23. | |
| 758 | - | 23. | |
| 759 | - | 23. | |
| 760 | - | 23. | |
| 761 | - | 23.18 ( | |
| 762 | - | 23. | |
| 763 | - | 23.20 ( | |
| 764 | - | 23. | |
| 765 | - | 23. | |
| 766 | - | 23. | |
| 767 | - | 23. | |
| 768 | - | 23.25 ( | |
| 769 | - | 23. | |
| 770 | - | 23. | |
| 771 | - | 23. | |
| 772 | - | 23. | |
| 773 | - | 23.30 ( | |
| 774 | - | 23. | |
| 741 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 23.1to the legislature by January 15, 2025. The reports may be consolidated into a single report | |
| 742 | + | 23.2by the office. | |
| 743 | + | 23.3 (e) The office shall collect existing data from the Department of Human Services, | |
| 744 | + | 23.4Department of Health, Minnesota state courts, and hospitals licensed under chapter 144 on | |
| 745 | + | 23.5the utilization of mental health and substance use disorder services, emergency room visits, | |
| 746 | + | 23.6and commitments to identify any increase in the services provided or any increase in the | |
| 747 | + | 23.7number of visits or commitments. The office shall also obtain summary data from existing | |
| 748 | + | 23.8first episode psychosis programs on the number of persons served by the programs and | |
| 749 | + | 23.9number of persons on the waiting list. All information collected by the office under this | |
| 750 | + | 23.10paragraph shall be included in the report required under paragraph (f). | |
| 751 | + | 23.11 (f) The office shall submit an annual report to the legislature by January 15, 2024, and | |
| 752 | + | 23.12each January 15 thereafter. The annual report shall include but not be limited to the following: | |
| 753 | + | 23.13 (1) the status of the regulated cannabis industry; | |
| 754 | + | 23.14 (2) the status of the illicit cannabis market and hemp consumer industry; | |
| 755 | + | 23.15 (3) the number of accidents, arrests, and convictions involving drivers who admitted to | |
| 756 | + | 23.16using cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 757 | + | 23.17consumer products or who tested positive for cannabis or tetrahydrocannabinol; | |
| 758 | + | 23.18 (4) the change in potency, if any, of cannabis flower and cannabis products available | |
| 759 | + | 23.19through the regulated market; | |
| 760 | + | 23.20 (5) progress on providing opportunities to individuals and communities that experienced | |
| 761 | + | 23.21a disproportionate, negative impact from cannabis prohibition, including but not limited to | |
| 762 | + | 23.22providing relief from criminal convictions and increasing economic opportunities; | |
| 763 | + | 23.23 (6) the status of racial and geographic diversity in the cannabis industry; | |
| 764 | + | 23.24 (7) proposed legislative changes; | |
| 765 | + | 23.25 (8) information on the adverse effects of second-hand smoke from any cannabis flower, | |
| 766 | + | 23.26cannabis products, and hemp-derived consumer products that are consumed by combustion | |
| 767 | + | 23.27or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product; | |
| 768 | + | 23.28and | |
| 769 | + | 23.29 (9) recommendations for levels of funding for: | |
| 770 | + | 23.30 (i) a coordinated education program to address and raise public awareness about the top | |
| 771 | + | 23.31three adverse health effects, as determined by the commissioner of health, associated with | |
| 775 | 772 | 23Article 1 Sec. 4. | |
| 776 | - | S0073- | |
| 777 | - | 24. | |
| 778 | - | 24. | |
| 779 | - | 24. | |
| 780 | - | 24. | |
| 781 | - | 24. | |
| 782 | - | 24. | |
| 783 | - | 24. | |
| 784 | - | 24. | |
| 785 | - | 24. | |
| 786 | - | 24. | |
| 787 | - | 24. | |
| 788 | - | 24. | |
| 789 | - | 24. | |
| 790 | - | 24. | |
| 791 | - | 24. | |
| 792 | - | 24. | |
| 793 | - | 24. | |
| 794 | - | 24. | |
| 795 | - | 24. | |
| 796 | - | 24. | |
| 797 | - | 24.22 ( | |
| 798 | - | 24. | |
| 799 | - | 24. | |
| 800 | - | 24. | |
| 801 | - | 24.26 ( | |
| 802 | - | 24. | |
| 803 | - | 24. | |
| 804 | - | 24.29 ( | |
| 805 | - | 24.30 ( | |
| 806 | - | 24. | |
| 807 | - | 24. | |
| 773 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 24.1the use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 774 | + | 24.2consumer products by individuals under 21 years of age; | |
| 775 | + | 24.3 (ii) a coordinated education program to educate pregnant individuals, breastfeeding | |
| 776 | + | 24.4individuals, and individuals who may become pregnant on the adverse health effects of | |
| 777 | + | 24.5cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer | |
| 778 | + | 24.6products; | |
| 779 | + | 24.7 (iii) training, technical assistance, and educational materials for home visiting programs, | |
| 780 | + | 24.8Tribal home visiting programs, and child welfare workers regarding safe and unsafe use of | |
| 781 | + | 24.9cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer | |
| 782 | + | 24.10products in homes with infants and young children; | |
| 783 | + | 24.11 (iv) model programs to educate middle school and high school students on the health | |
| 784 | + | 24.12effects on children and adolescents of the use of cannabis flower, cannabis products, | |
| 785 | + | 24.13lower-potency hemp edibles and hemp-derived consumer products and other intoxicating | |
| 786 | + | 24.14or controlled substances; | |
| 787 | + | 24.15 (v) grants issued through the CanTrain, CanNavigate, CanStartup, and CanGrow | |
| 788 | + | 24.16programs; | |
| 789 | + | 24.17 (vi) grants to organizations for community development in social equity communities | |
| 790 | + | 24.18through the CanRenew program; | |
| 791 | + | 24.19 (vii) training of peace officers and law enforcement agencies on changes to laws involving | |
| 792 | + | 24.20cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer | |
| 793 | + | 24.21products and the law's impact on searches and seizures; | |
| 794 | + | 24.22 (viii) training of peace officers to increase the number of drug recognition experts; | |
| 795 | + | 24.23 (ix) training of peace officers on the cultural uses of sage and distinguishing use of sage | |
| 796 | + | 24.24from the use of cannabis flower, including whether the Board of Peace Officer Standards | |
| 797 | + | 24.25and Training should approve or develop training materials; | |
| 798 | + | 24.26 (x) the retirement and replacement of drug detection dogs; and | |
| 799 | + | 24.27 (xi) the Department of Human Services and county social service agencies to address | |
| 800 | + | 24.28any increase in demand for services. | |
| 801 | + | 24.29 (g) In developing the recommended funding levels under paragraph (f), clause (9), items | |
| 802 | + | 24.30(vii) to (xi), the office shall consult with local law enforcement agencies, the Minnesota | |
| 803 | + | 24.31Chiefs of Police Association, the Minnesota Sheriff's Association, the League of Minnesota | |
| 804 | + | 24.32Cities, the Association of Minnesota Counties, and county social services agencies. | |
| 808 | 805 | 24Article 1 Sec. 4. | |
| 809 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 25.1 (x) the retirement and replacement of drug detection dogs; and | |
| 810 | - | 25.2 (xi) the Department of Human Services and county social service agencies to address | |
| 811 | - | 25.3any increase in demand for services. | |
| 812 | - | 25.4 (g) In developing the recommended funding levels under paragraph (f), clause (9), items | |
| 813 | - | 25.5(vii) to (xi), the office shall consult with local law enforcement agencies, the Minnesota | |
| 814 | - | 25.6Chiefs of Police Association, the Minnesota Sheriff's Association, the League of Minnesota | |
| 815 | - | 25.7Cities, the Association of Minnesota Counties, and county social services agencies. | |
| 816 | - | 25.8 Sec. 5. [342.05] STATEWIDE MONITORING SYSTEM. | |
| 817 | - | 25.9 Subdivision 1.Statewide monitoring.The office must contract with an outside vendor | |
| 818 | - | 25.10to establish a statewide monitoring system for integrated cannabis tracking, inventory, and | |
| 819 | - | 25.11verification to track all cannabis plants, cannabis flower, cannabis products, and synthetically | |
| 820 | - | 25.12derived cannabinoids from seed, immature plant, or creation until disposal or sale to a patient | |
| 821 | - | 25.13or customer. | |
| 822 | - | 25.14 Subd. 2.Data submission requirements.The monitoring system must allow cannabis | |
| 823 | - | 25.15businesses and Tribal medical cannabis program manufacturers to submit monitoring data | |
| 824 | - | 25.16to the office through the use of monitoring system software commonly used within the | |
| 825 | - | 25.17cannabis industry and may also permit cannabis businesses and Tribal medical cannabis | |
| 826 | - | 25.18program manufacturers to submit monitoring data through manual data entry with approval | |
| 827 | - | 25.19from the office. | |
| 828 | - | 25.20Sec. 6. [342.06] APPROVAL OF ADULT-USE CANNABIS FLOWER AND | |
| 829 | - | 25.21ADULT-USE CANNABIS PRODUCTS. | |
| 830 | - | 25.22 Subdivision 1.Definitions.For the purposes of this section, "type" means an individual | |
| 831 | - | 25.23product in a product line that may be sold in different sizes, distinct packaging, or at various | |
| 832 | - | 25.24prices but is still created using the same manufacturing or agricultural processes. A new or | |
| 833 | - | 25.25additional stock keeping unit (SKU) or Universal Product Code (UPC) shall not prevent a | |
| 834 | - | 25.26product from being considered the same type as another unit. All other terms have the | |
| 835 | - | 25.27meanings provided in section 342.01. | |
| 836 | - | 25.28 Subd. 2.Approval of products.(a) The office shall approve types of adult-use cannabis | |
| 837 | - | 25.29flower, adult-use cannabis products, lower-potency hemp edibles, and hemp-derived | |
| 838 | - | 25.30consumer products other than hemp-derived topical products for retail sale. The office shall | |
| 839 | - | 25.31not require reapproval of a product type if the manufacturing or agricultural processes and | |
| 840 | - | 25.32final product unit remain substantially similar to a previously approved type of adult-use | |
| 806 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 25.1 Sec. 5. [342.05] STATEWIDE MONITORING SYSTEM. | |
| 807 | + | 25.2 Subdivision 1.Statewide monitoring.The office must contract with an outside vendor | |
| 808 | + | 25.3to establish a statewide monitoring system for integrated cannabis tracking, inventory, and | |
| 809 | + | 25.4verification to track all cannabis plants, cannabis flower, cannabis products, and synthetically | |
| 810 | + | 25.5derived cannabinoids from seed, immature plant, or creation until disposal or sale to a patient | |
| 811 | + | 25.6or customer. | |
| 812 | + | 25.7 Subd. 2.Data submission requirements.The monitoring system must allow cannabis | |
| 813 | + | 25.8businesses and Tribal medical cannabis program manufacturers to submit monitoring data | |
| 814 | + | 25.9to the office through the use of monitoring system software commonly used within the | |
| 815 | + | 25.10cannabis industry and may also permit cannabis businesses and Tribal medical cannabis | |
| 816 | + | 25.11program manufacturers to submit monitoring data through manual data entry with approval | |
| 817 | + | 25.12from the office. | |
| 818 | + | 25.13Sec. 6. [342.06] APPROVAL OF CANNABIS FLOWER, PRODUCTS, AND | |
| 819 | + | 25.14CANNABINOIDS. | |
| 820 | + | 25.15 Subdivision 1.Definitions.For the purposes of this section, "type" means an individual | |
| 821 | + | 25.16product in a product line that may be sold in different sizes, distinct packaging, or at various | |
| 822 | + | 25.17prices but is still created using the same manufacturing or agricultural processes. A new or | |
| 823 | + | 25.18additional stock keeping unit (SKU) or Universal Product Code (UPC) shall not prevent a | |
| 824 | + | 25.19product from being considered the same type as another unit. All other terms have the | |
| 825 | + | 25.20meanings provided in section 342.01. | |
| 826 | + | 25.21 Subd. 2.Approval of products.(a) The office shall approve types of cannabis flower, | |
| 827 | + | 25.22cannabis products, lower-potency hemp edibles, and hemp-derived consumer products other | |
| 828 | + | 25.23than hemp-derived topical products for retail sale. The office shall not require reapproval | |
| 829 | + | 25.24of a product type if the manufacturing or agricultural processes and final product unit remain | |
| 830 | + | 25.25substantially similar to a previously approved type of cannabis flower, cannabis product, | |
| 831 | + | 25.26lower-potency hemp edible, or hemp-derived consumer product. | |
| 832 | + | 25.27 (b) The office shall not approve any cannabis product, lower-potency hemp edible, or | |
| 833 | + | 25.28hemp-derived consumer product that: | |
| 834 | + | 25.29 (1) is or appears to be a lollipop or ice cream; | |
| 835 | + | 25.30 (2) bears the likeness or contains characteristics of a real or fictional person, animal, or | |
| 836 | + | 25.31fruit; | |
| 837 | + | 25.32 (3) is modeled after a type or brand of products primarily consumed by or marketed to | |
| 838 | + | 25.33children; | |
| 841 | 839 | 25Article 1 Sec. 6. | |
| 842 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 26.1cannabis flower, adult-use cannabis product, lower-potency hemp edible, or hemp-derived | |
| 843 | - | 26.2consumer product. | |
| 844 | - | 26.3 (b) The office shall not approve any adult-use cannabis product, lower-potency hemp | |
| 845 | - | 26.4edible, or hemp-derived consumer product that: | |
| 846 | - | 26.5 (1) is or appears to be a lollipop or ice cream; | |
| 847 | - | 26.6 (2) bears the likeness or contains characteristics of a real or fictional person, animal, or | |
| 848 | - | 26.7fruit; | |
| 849 | - | 26.8 (3) is modeled after a type or brand of products primarily consumed by or marketed to | |
| 850 | - | 26.9children; | |
| 851 | - | 26.10 (4) is substantively similar to a meat food product; poultry food product as defined in | |
| 852 | - | 26.11section 31A.02, subdivision 10; or a dairy product as defined in section 32D.01, subdivision | |
| 853 | - | 26.127; | |
| 854 | - | 26.13 (5) contains an artificial cannabinoid; | |
| 855 | - | 26.14 (6) is made by applying a cannabinoid, including but not limited to a synthetically derived | |
| 856 | - | 26.15cannabinoid, to a finished food product that does not contain cannabinoids and is sold to | |
| 857 | - | 26.16consumers, including but not limited to a candy or snack food; or | |
| 858 | - | 26.17 (7) if the product is an edible cannabis product or lower-potency hemp edible, contains | |
| 859 | - | 26.18an ingredient, other than a cannabinoid, that is not approved by the United States Food and | |
| 860 | - | 26.19Drug Administration for use in food. | |
| 861 | - | 26.20 (c) The office must not approve any adult-use cannabis flower, adult-use cannabis | |
| 862 | - | 26.21product, or hemp-derived consumer product that: | |
| 863 | - | 26.22 (1) is intended to be consumed by combustion or vaporization of the product and | |
| 864 | - | 26.23inhalation of smoke, aerosol, or vapor from the product; and | |
| 865 | - | 26.24 (2) imparts a taste or odor, other than the taste or odor of cannabis flower, that is | |
| 866 | - | 26.25distinguishable by an ordinary person before or during consumption of the product. | |
| 867 | - | 26.26 (d) The office may adopt rules to limit or prohibit ingredients in or additives to adult-use | |
| 868 | - | 26.27cannabis flower, adult-use cannabis products, or hemp-derived consumer products to ensure | |
| 869 | - | 26.28compliance with the limitations in paragraph (c). | |
| 870 | - | 26Article 1 Sec. 6. | |
| 871 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 27.1 Sec. 7. [342.07] AGRICULTURAL AND FOOD SAFETY PRACTICES; | |
| 872 | - | 27.2RULEMAKING. | |
| 873 | - | 27.3 Subdivision 1.Plant propagation standards.In consultation with the commissioner | |
| 874 | - | 27.4of agriculture, the office by rule must establish certification, testing, and labeling | |
| 875 | - | 27.5requirements for the methods used to grow new cannabis plants or hemp plants, including | |
| 876 | - | 27.6but not limited to growth from seed, clone, cutting, or tissue culture. | |
| 877 | - | 27.7 Subd. 2.Agricultural best practices.In consultation with the commissioner of | |
| 878 | - | 27.8agriculture and representatives from the University of Minnesota Extension Service, the | |
| 879 | - | 27.9office shall establish best practices for: | |
| 880 | - | 27.10 (1) the cultivation and preparation of cannabis plants; and | |
| 881 | - | 27.11 (2) the use of pesticides, fertilizers, soil amendments, and plant amendments in relation | |
| 882 | - | 27.12to growing cannabis plants. | |
| 883 | - | 27.13 Subd. 3.Edible cannabis product handler endorsement.(a) Any person seeking to | |
| 884 | - | 27.14manufacture, process, sell, handle, or store an edible cannabis product or lower-potency | |
| 885 | - | 27.15hemp edible, other than an edible cannabis product or lower-potency hemp edible that has | |
| 886 | - | 27.16been placed in its final packaging, must first obtain an edible cannabis product handler | |
| 887 | - | 27.17endorsement. | |
| 888 | - | 27.18 (b) In consultation with the commissioner of agriculture, the office shall establish an | |
| 889 | - | 27.19edible cannabis product handler endorsement. | |
| 890 | - | 27.20 (c) The office must regulate edible cannabis product handlers and assess penalties in the | |
| 891 | - | 27.21same manner provided for food handlers under chapters 28A, 31, and 34A and associated | |
| 892 | - | 27.22rules, with the following exceptions: | |
| 893 | - | 27.23 (1) the office must issue an edible cannabis product handler endorsement, rather than a | |
| 894 | - | 27.24license; | |
| 895 | - | 27.25 (2) eligibility for an edible cannabis product handler endorsement is limited to persons | |
| 896 | - | 27.26who possess a valid license issued by the office; | |
| 897 | - | 27.27 (3) the office may not charge a fee for issuing or renewing the endorsement; | |
| 898 | - | 27.28 (4) the office must align the term and renewal period for edible cannabis product handler | |
| 899 | - | 27.29endorsements with the term and renewal period of the license issued by the office; and | |
| 900 | - | 27.30 (5) an edible cannabis product or lower-potency hemp edible must not be considered | |
| 901 | - | 27.31adulterated solely because the product contains tetrahydrocannabinol, cannabis concentrate, | |
| 902 | - | 27Article 1 Sec. 7. | |
| 903 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 28.1hemp concentrate, synthetically derived cannabinoids, or any other material extracted or | |
| 904 | - | 28.2derived from a cannabis plant, cannabis flower, hemp plant, or hemp plant parts. | |
| 905 | - | 28.3 (d) The edible cannabis product handler endorsement must prohibit the manufacture of | |
| 906 | - | 28.4edible cannabis products at the same premises where food is manufactured, except for the | |
| 907 | - | 28.5limited production of edible products produced solely for product development, sampling, | |
| 908 | - | 28.6or testing. This limitation does not apply to the manufacture of lower-potency hemp edibles. | |
| 909 | - | 28.7 Sec. 8. [342.08] ESTABLISHMENT OF ENVIRONMENT AL STANDARDS. | |
| 910 | - | 28.8 Subdivision 1.Water standards.In consultation with the commissioner of the Pollution | |
| 911 | - | 28.9Control Agency, the office by rule must establish appropriate water standards for cannabis | |
| 912 | - | 28.10businesses. | |
| 913 | - | 28.11 Subd. 2.Energy use.In consultation with the commissioner of commerce, the office | |
| 914 | - | 28.12by rule must establish appropriate energy standards for cannabis businesses. | |
| 915 | - | 28.13 Subd. 3.Solid waste.In consultation with the commissioner of the Pollution Control | |
| 916 | - | 28.14Agency, the office by rule must establish appropriate solid waste standards for the disposal | |
| 917 | - | 28.15of: | |
| 918 | - | 28.16 (1) cannabis flower and cannabis products; | |
| 919 | - | 28.17 (2) packaging; | |
| 920 | - | 28.18 (3) recyclable materials, including minimum requirements for the use of recyclable | |
| 921 | - | 28.19materials; and | |
| 922 | - | 28.20 (4) other solid waste. | |
| 923 | - | 28.21 Subd. 4.Odor.The office by rule must establish appropriate standards and requirements | |
| 924 | - | 28.22to limit odors produced by cannabis businesses. | |
| 925 | - | 28.23 Subd. 5.Applicability; federal, state, and local laws.A cannabis business must comply | |
| 926 | - | 28.24with all applicable federal, state, and local laws related to the subjects of subdivisions 1 to | |
| 927 | - | 28.254. | |
| 928 | - | 28.26 Subd. 6.Rulemaking.(a) The office may only adopt a rule under this section if the rule | |
| 929 | - | 28.27is consistent with and at least as stringent as applicable state and federal laws related to the | |
| 930 | - | 28.28subjects of subdivisions 1 to 4. | |
| 931 | - | 28.29 (b) The office must coordinate and consult with a department or agency of the state | |
| 932 | - | 28.30regarding the development and implementation of a rule under this section if the department | |
| 933 | - | 28.31or agency has expertise or a regulatory interest in the subject matter of the rule. | |
| 934 | - | 28Article 1 Sec. 8. | |
| 935 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 29.1 Sec. 9. [342.09] PERSONAL ADULT USE OF CANNABIS. | |
| 936 | - | 29.2 Subdivision 1.Personal adult use, possession, and transportation of adult-use | |
| 937 | - | 29.3cannabis flower and adult-use cannabis products.(a) An individual 21 years of age or | |
| 938 | - | 29.4older may: | |
| 939 | - | 29.5 (1) use, possess, or transport cannabis paraphernalia; | |
| 940 | - | 29.6 (2) possess or transport two ounces or less of adult-use cannabis flower in a public place; | |
| 941 | - | 29.7 (3) possess two pounds or less of adult-use cannabis flower derived from sources other | |
| 942 | - | 29.8than the home cultivation of cannabis plants authorized in subdivision 2 in the individual's | |
| 943 | - | 29.9private residence; | |
| 944 | - | 29.10 (4) possess five pounds or less of adult-use cannabis flower derived from the home | |
| 945 | - | 29.11cultivation of cannabis plants authorized in subdivision 2 in the individual's private residence; | |
| 946 | - | 29.12 (5) possess or transport eight grams or less of adult-use cannabis concentrate; | |
| 947 | - | 29.13 (6) possess or transport edible cannabis products or lower-potency hemp edibles infused | |
| 948 | - | 29.14with a combined total of 800 milligrams or less of tetrahydrocannabinol; | |
| 949 | - | 29.15 (7) give for no remuneration to an individual who is at least 21 years of age: | |
| 950 | - | 29.16 (i) two ounces or less of adult-use cannabis flower; | |
| 951 | - | 29.17 (ii) eight grams or less of adult-use cannabis concentrate; or | |
| 952 | - | 29.18 (iii) an edible cannabis product or lower-potency hemp edible infused with 800 milligrams | |
| 953 | - | 29.19or less of tetrahydrocannabinol; and | |
| 954 | - | 29.20 (8) use adult-use cannabis flower and adult-use cannabis products in the following | |
| 955 | - | 29.21locations: | |
| 956 | - | 29.22 (i) a private residence, including the individual's curtilage or yard; | |
| 957 | - | 29.23 (ii) on private property, not generally accessible by the public, unless the individual is | |
| 958 | - | 29.24explicitly prohibited from consuming adult-use cannabis flower, adult-use cannabis products, | |
| 959 | - | 29.25lower-potency hemp edibles, or hemp-derived consumer products on the property by the | |
| 960 | - | 29.26owner of the property; or | |
| 961 | - | 29.27 (iii) on the premises of an establishment or event licensed to permit on-site consumption. | |
| 962 | - | 29.28Notwithstanding clauses (3) and (4), no individual may possess a total of more than five | |
| 963 | - | 29.29pounds of adult-use cannabis flower in the individual's private residence regardless of the | |
| 964 | - | 29.30cannabis's source. | |
| 840 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 26.1 (4) is substantively similar to a meat food product; poultry food product as defined in | |
| 841 | + | 26.2section 31A.02, subdivision 10; or a dairy product as defined in section 32D.01, subdivision | |
| 842 | + | 26.37; | |
| 843 | + | 26.4 (5) contains an artificial cannabinoid; | |
| 844 | + | 26.5 (6) is made by applying a cannabinoid, including but not limited to a synthetically derived | |
| 845 | + | 26.6cannabinoid, to a finished food product that does not contain cannabinoids and is sold to | |
| 846 | + | 26.7consumers, including but not limited to a candy or snack food; or | |
| 847 | + | 26.8 (7) if the product is an edible cannabis product or lower-potency hemp edible, contains | |
| 848 | + | 26.9an ingredient, other than a cannabinoid, that is not approved by the United States Food and | |
| 849 | + | 26.10Drug Administration for use in food. | |
| 850 | + | 26.11 (c) The office must not approve any cannabis flower, cannabis product, or hemp-derived | |
| 851 | + | 26.12consumer product that: | |
| 852 | + | 26.13 (1) is intended to be consumed by combustion or vaporization of the product and | |
| 853 | + | 26.14inhalation of smoke, aerosol, or vapor from the product; and | |
| 854 | + | 26.15 (2) imparts a taste or odor, other than the taste or odor of cannabis flower, that is | |
| 855 | + | 26.16distinguishable by an ordinary person before or during consumption of the product. | |
| 856 | + | 26.17 (d) The office may adopt rules to limit or prohibit ingredients in or additives to cannabis | |
| 857 | + | 26.18flower, cannabis products, or hemp-derived consumer products to ensure compliance with | |
| 858 | + | 26.19the limitations in paragraph (c). | |
| 859 | + | 26.20Sec. 7. [342.07] AGRICULTURAL AND FOOD SAFETY PRACTICES; | |
| 860 | + | 26.21RULEMAKING. | |
| 861 | + | 26.22 Subdivision 1.Plant propagation standards.In consultation with the commissioner | |
| 862 | + | 26.23of agriculture, the office by rule must establish certification, testing, and labeling | |
| 863 | + | 26.24requirements for the methods used to grow new cannabis plants or hemp plants, including | |
| 864 | + | 26.25but not limited to growth from seed, clone, cutting, or tissue culture. | |
| 865 | + | 26.26 Subd. 2.Agricultural best practices.In consultation with the commissioner of | |
| 866 | + | 26.27agriculture and representatives from the University of Minnesota Extension Service, the | |
| 867 | + | 26.28office shall establish best practices for: | |
| 868 | + | 26.29 (1) the cultivation and preparation of cannabis plants; and | |
| 869 | + | 26.30 (2) the use of pesticides, fertilizers, soil amendments, and plant amendments in relation | |
| 870 | + | 26.31to growing cannabis plants. | |
| 871 | + | 26Article 1 Sec. 7. | |
| 872 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 27.1 Subd. 3.Edible cannabinoid product handler endorsement.(a) Any person seeking | |
| 873 | + | 27.2to manufacture, process, sell, handle, or store an edible cannabis product or lower-potency | |
| 874 | + | 27.3hemp edible, other than an edible cannabis product or lower-potency hemp edible that has | |
| 875 | + | 27.4been placed in its final packaging, must first obtain an edible cannabinoid product handler | |
| 876 | + | 27.5endorsement. | |
| 877 | + | 27.6 (b) In consultation with the commissioner of agriculture, the office shall establish an | |
| 878 | + | 27.7edible cannabinoid product handler endorsement. | |
| 879 | + | 27.8 (c) The office must regulate edible cannabinoid product handlers and assess penalties | |
| 880 | + | 27.9in the same manner provided for food handlers under chapters 28A, 31, and 34A and | |
| 881 | + | 27.10associated rules, with the following exceptions: | |
| 882 | + | 27.11 (1) the office must issue an edible cannabinoid product handler endorsement, rather than | |
| 883 | + | 27.12a license; | |
| 884 | + | 27.13 (2) eligibility for an edible cannabinoid product handler endorsement is limited to persons | |
| 885 | + | 27.14who possess a valid license issued by the office; | |
| 886 | + | 27.15 (3) the office may not charge a fee for issuing or renewing the endorsement; | |
| 887 | + | 27.16 (4) the office must align the term and renewal period for edible cannabinoid product | |
| 888 | + | 27.17handler endorsements with the term and renewal period of the license issued by the office; | |
| 889 | + | 27.18and | |
| 890 | + | 27.19 (5) an edible cannabis product or lower-potency hemp edible must not be considered | |
| 891 | + | 27.20adulterated solely because the product contains tetrahydrocannabinol, cannabis concentrate, | |
| 892 | + | 27.21hemp concentrate, synthetically derived cannabinoids, or any other material extracted or | |
| 893 | + | 27.22derived from a cannabis plant, cannabis flower, hemp plant, or hemp plant parts. | |
| 894 | + | 27.23 (d) The edible cannabis product handler endorsement must prohibit the manufacture of | |
| 895 | + | 27.24edible cannabis products at the same premises where food is manufactured, except for the | |
| 896 | + | 27.25limited production of edible products produced solely for product development, sampling, | |
| 897 | + | 27.26or testing. This limitation does not apply to the manufacture of lower-potency hemp edibles. | |
| 898 | + | 27.27Sec. 8. [342.08] ESTABLISHMENT OF ENVIRONMENT AL STANDARDS. | |
| 899 | + | 27.28 Subdivision 1.Water standards.In consultation with the commissioner of the Pollution | |
| 900 | + | 27.29Control Agency, the office by rule must establish appropriate water standards for cannabis | |
| 901 | + | 27.30businesses. | |
| 902 | + | 27.31 Subd. 2.Energy use.In consultation with the commissioner of commerce, the office | |
| 903 | + | 27.32by rule must establish appropriate energy standards for cannabis businesses. | |
| 904 | + | 27Article 1 Sec. 8. | |
| 905 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 28.1 Subd. 3.Solid waste.In consultation with the commissioner of the Pollution Control | |
| 906 | + | 28.2Agency, the office by rule must establish appropriate solid waste standards for the disposal | |
| 907 | + | 28.3of: | |
| 908 | + | 28.4 (1) cannabis flower and cannabis products; | |
| 909 | + | 28.5 (2) packaging; | |
| 910 | + | 28.6 (3) recyclable materials, including minimum requirements for the use of recyclable | |
| 911 | + | 28.7materials; and | |
| 912 | + | 28.8 (4) other solid waste. | |
| 913 | + | 28.9 Subd. 4.Odor.The office by rule must establish appropriate standards and requirements | |
| 914 | + | 28.10to limit odors produced by cannabis businesses. | |
| 915 | + | 28.11 Subd. 5.Applicability; federal, state, and local laws.A cannabis business must comply | |
| 916 | + | 28.12with all applicable federal, state, and local laws related to the subjects of subdivisions 1 to | |
| 917 | + | 28.134. | |
| 918 | + | 28.14 Subd. 6.Rulemaking.(a) The office may only adopt a rule under this section if the rule | |
| 919 | + | 28.15is consistent with and at least as stringent as applicable state and federal laws related to the | |
| 920 | + | 28.16subjects of subdivisions 1 to 4. | |
| 921 | + | 28.17 (b) The office must coordinate and consult with a department or agency of the state | |
| 922 | + | 28.18regarding the development and implementation of a rule under this section if the department | |
| 923 | + | 28.19or agency has expertise or a regulatory interest in the subject matter of the rule. | |
| 924 | + | 28.20Sec. 9. [342.09] PERSONAL ADULT USE OF CANNABIS. | |
| 925 | + | 28.21 Subdivision 1.Personal adult use, possession, and transportation of cannabis flower | |
| 926 | + | 28.22and cannabis products.(a) An individual 21 years of age or older may: | |
| 927 | + | 28.23 (1) use, possess, or transport cannabis paraphernalia; | |
| 928 | + | 28.24 (2) possess or transport two ounces or less of adult-use cannabis flower in a public place; | |
| 929 | + | 28.25 (3) possess two pounds or less of adult-use cannabis flower derived from sources other | |
| 930 | + | 28.26than the home cultivation of cannabis plants authorized in subdivision 2 in the individual's | |
| 931 | + | 28.27private residence; | |
| 932 | + | 28.28 (4) possess five pounds or less of adult-use cannabis flower derived from the home | |
| 933 | + | 28.29cultivation of cannabis plants authorized in subdivision 2 in the individual's private residence; | |
| 934 | + | 28.30 (5) possess or transport eight grams or less of adult-use cannabis concentrate; | |
| 935 | + | 28Article 1 Sec. 9. | |
| 936 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 29.1 (6) possess or transport edible cannabis products or lower-potency hemp edibles infused | |
| 937 | + | 29.2with a combined total of 800 milligrams or less of tetrahydrocannabinol; | |
| 938 | + | 29.3 (7) give for no remuneration to an individual who is at least 21 years of age: | |
| 939 | + | 29.4 (i) two ounces or less of adult-use cannabis flower; | |
| 940 | + | 29.5 (ii) eight grams or less of adult-use cannabis concentrate; or | |
| 941 | + | 29.6 (iii) an edible cannabis product or lower-potency hemp edible infused with 800 milligrams | |
| 942 | + | 29.7or less of tetrahydrocannabinol; and | |
| 943 | + | 29.8 (8) use adult-use cannabis flower and adult-use cannabis products in the following | |
| 944 | + | 29.9locations: | |
| 945 | + | 29.10 (i) a private residence, including the individual's curtilage or yard; | |
| 946 | + | 29.11 (ii) on private property, not generally accessible by the public, unless the individual is | |
| 947 | + | 29.12explicitly prohibited from consuming cannabis flower, cannabis products, lower-potency | |
| 948 | + | 29.13hemp edibles, or hemp-derived consumer products on the property by the owner of the | |
| 949 | + | 29.14property; or | |
| 950 | + | 29.15 (iii) on the premises of an establishment or event licensed to permit on-site consumption. | |
| 951 | + | 29.16Notwithstanding clauses (3) and (4), no individual may possess a total of more than five | |
| 952 | + | 29.17pounds of adult-use cannabis in the individual's private residence regardless of the cannabis's | |
| 953 | + | 29.18source. | |
| 954 | + | 29.19 (b) Except as provided in paragraph (c), an individual may not: | |
| 955 | + | 29.20 (1) use, possess, or transport cannabis flower, cannabis products, lower-potency hemp | |
| 956 | + | 29.21edibles, or hemp-derived consumer products if the individual is under 21 years of age; | |
| 957 | + | 29.22 (2) use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 958 | + | 29.23consumer products in a motor vehicle as defined in section 169A.03, subdivision 15; | |
| 959 | + | 29.24 (3) use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 960 | + | 29.25consumer products at any location where smoking is prohibited under section 144.414; | |
| 961 | + | 29.26 (4) use or possess cannabis flower, cannabis products, lower-potency hemp edibles, or | |
| 962 | + | 29.27hemp-derived consumer products in a public school, as defined in section 120A.05, | |
| 963 | + | 29.28subdivisions 9, 11, and 13, or in a charter school governed by chapter 124E, including all | |
| 964 | + | 29.29facilities, whether owned, rented, or leased, and all vehicles that a school district owns, | |
| 965 | + | 29.30leases, rents, contracts for, or controls; | |
| 965 | 966 | 29Article 1 Sec. 9. | |
| 966 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 30.1 (b) Except as provided in paragraph (c), an individual may not: | |
| 967 | - | 30.2 (1) use, possess, or transport cannabis flower, cannabis products, lower-potency hemp | |
| 968 | - | 30.3edibles, or hemp-derived consumer products if the individual is under 21 years of age; | |
| 969 | - | 30.4 (2) use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 970 | - | 30.5consumer products in a motor vehicle as defined in section 169A.03, subdivision 15; | |
| 971 | - | 30.6 (3) use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 972 | - | 30.7consumer products at any location where smoking is prohibited under section 144.414; | |
| 973 | - | 30.8 (4) use or possess cannabis flower, cannabis products, lower-potency hemp edibles, or | |
| 974 | - | 30.9hemp-derived consumer products in a public school, as defined in section 120A.05, | |
| 975 | - | 30.10subdivisions 9, 11, and 13, or in a charter school governed by chapter 124E, including all | |
| 976 | - | 30.11facilities, whether owned, rented, or leased, and all vehicles that a school district owns, | |
| 977 | - | 30.12leases, rents, contracts for, or controls; | |
| 978 | - | 30.13 (5) use or possess cannabis flower, cannabis products, lower-potency hemp edibles, or | |
| 979 | - | 30.14hemp-derived consumer products in a state correctional facility; | |
| 980 | - | 30.15 (6) operate a motor vehicle while under the influence of cannabis flower, cannabis | |
| 981 | - | 30.16products, lower-potency hemp edibles, or hemp-derived consumer products; | |
| 982 | - | 30.17 (7) give for no remuneration cannabis flower, cannabis products, lower-potency hemp | |
| 983 | - | 30.18edibles, or hemp-derived consumer products to an individual under 21 years of age; | |
| 984 | - | 30.19 (8) give for no remuneration cannabis flower or cannabis products as a sample or | |
| 985 | - | 30.20promotional gift if the giver is in the business of selling goods or services; or | |
| 986 | - | 30.21 (9) vaporize or smoke cannabis flower, cannabis products, synthetically derived | |
| 987 | - | 30.22cannabinoids, or hemp-derived consumer products in any location where the smoke, aerosol, | |
| 988 | - | 30.23or vapor would be inhaled by a minor. | |
| 989 | - | 30.24 (c) The prohibitions under paragraph (b), clauses (1) to (4), do not apply to use other | |
| 990 | - | 30.25than by smoking or by a vaporized delivery method, possession, or transportation of medical | |
| 991 | - | 30.26cannabis flower or medical cannabinoid products by a patient; a registered designated | |
| 992 | - | 30.27caregiver; or a parent, legal guardian, or spouse of a patient. | |
| 993 | - | 30.28 (d) A proprietor of a family or group family day care program must disclose to parents | |
| 994 | - | 30.29or guardians of children cared for on the premises of the family or group family day care | |
| 995 | - | 30.30program, if the proprietor permits the smoking or use of cannabis flower or cannabis products | |
| 996 | - | 30.31on the premises outside of its hours of operation. Disclosure must include posting on the | |
| 997 | - | 30.32premises a conspicuous written notice and orally informing parents or guardians. Cannabis | |
| 967 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 30.1 (5) use or possess cannabis flower, cannabis products, lower-potency hemp edibles, or | |
| 968 | + | 30.2hemp-derived consumer products in a state correctional facility; | |
| 969 | + | 30.3 (6) operate a motor vehicle while under the influence of cannabis flower, cannabis | |
| 970 | + | 30.4products, lower-potency hemp edibles, or hemp-derived consumer products; | |
| 971 | + | 30.5 (7) give for no remuneration cannabis flower, cannabis products, lower-potency hemp | |
| 972 | + | 30.6edibles, or hemp-derived consumer products to an individual under 21 years of age; | |
| 973 | + | 30.7 (8) give for no remuneration cannabis flower or cannabis products as a sample or | |
| 974 | + | 30.8promotional gift if the giver is in the business of selling goods or services; or | |
| 975 | + | 30.9 (9) vaporize or smoke cannabis flower, cannabis products, artificially derived | |
| 976 | + | 30.10cannabinoids, or hemp-derived consumer products in any location where the smoke, aerosol, | |
| 977 | + | 30.11or vapor would be inhaled by a minor. | |
| 978 | + | 30.12 (c) The prohibitions under paragraph (b), clauses (1) to (4), do not apply to use other | |
| 979 | + | 30.13than by smoking or by a vaporized delivery method, possession, or transportation of medical | |
| 980 | + | 30.14cannabis flower or medical cannabinoid products by a patient; a registered designated | |
| 981 | + | 30.15caregiver; or a parent, legal guardian, or spouse of a patient. | |
| 982 | + | 30.16 (d) A proprietor of a family or group family day care program must disclose to parents | |
| 983 | + | 30.17or guardians of children cared for on the premises of the family or group family day care | |
| 984 | + | 30.18program, if the proprietor permits the smoking or use of cannabis flower or cannabis products | |
| 985 | + | 30.19on the premises outside of its hours of operation. Disclosure must include posting on the | |
| 986 | + | 30.20premises a conspicuous written notice and orally informing parents or guardians. Cannabis | |
| 987 | + | 30.21flower or cannabis products must be inaccessible to children and stored away from food | |
| 988 | + | 30.22products. | |
| 989 | + | 30.23 Subd. 2.Home cultivation of cannabis for personal adult use.Up to eight cannabis | |
| 990 | + | 30.24plants, with no more than four being mature, flowering plants may be grown at a single | |
| 991 | + | 30.25residence, including the curtilage or yard, without a license to cultivate cannabis issued | |
| 992 | + | 30.26under this chapter provided that cultivation takes place at the primary residence of an | |
| 993 | + | 30.27individual 21 years of age or older and in an enclosed, locked space that is not open to public | |
| 994 | + | 30.28view. | |
| 995 | + | 30.29 Subd. 3.Home extraction of cannabis concentrate by use of volatile solvent | |
| 996 | + | 30.30prohibited.No person may use a volatile solvent to separate or extract cannabis concentrate | |
| 997 | + | 30.31or hemp concentrate without a cannabis microbusiness, cannabis mezzobusiness, cannabis | |
| 998 | + | 30.32manufacturer, medical cannabis processor, or lower-potency hemp edible manufacturer | |
| 999 | + | 30.33license issued under this chapter. | |
| 998 | 1000 | 30Article 1 Sec. 9. | |
| 999 | - | S0073- | |
| 1000 | - | 31. | |
| 1001 | - | 31. | |
| 1002 | - | 31. | |
| 1003 | - | 31. | |
| 1004 | - | 31. | |
| 1005 | - | 31. | |
| 1006 | - | 31. | |
| 1007 | - | 31. | |
| 1008 | - | 31. | |
| 1009 | - | 31. | |
| 1010 | - | 31. | |
| 1011 | - | 31. | |
| 1012 | - | 31.14 | |
| 1013 | - | 31. | |
| 1014 | - | 31. | |
| 1015 | - | 31. | |
| 1016 | - | 31. | |
| 1017 | - | 31. | |
| 1018 | - | 31. | |
| 1019 | - | 31. | |
| 1020 | - | 31. | |
| 1021 | - | 31. | |
| 1022 | - | 31.24 | |
| 1023 | - | 31. | |
| 1024 | - | 31. | |
| 1025 | - | 31.27 ( | |
| 1026 | - | 31. | |
| 1027 | - | 31.29 (1) if the person sells more than | |
| 1028 | - | 31. | |
| 1029 | - | 31.31 (2) if the person sells more than | |
| 1030 | - | 31. | |
| 1001 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 31.1 Subd. 4.Sale of cannabis flower and cannabis products prohibited.No person may | |
| 1002 | + | 31.2sell cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 1003 | + | 31.3consumer products without a license issued under this chapter that authorizes the sale. | |
| 1004 | + | 31.4 Subd. 5.Importation of hemp-derived products.No person may import lower-potency | |
| 1005 | + | 31.5hemp edible products or hemp-derived consumer products, other than hemp-derived topical | |
| 1006 | + | 31.6products, that are manufactured outside the boundaries of the state of Minnesota with the | |
| 1007 | + | 31.7intent to sell the products to consumers within the state or to any other person or business | |
| 1008 | + | 31.8that intends to sell the products to consumers within the state without a license issued under | |
| 1009 | + | 31.9this chapter that authorizes the importation of such products. This subdivision does not | |
| 1010 | + | 31.10apply to products lawfully purchased for personal use. | |
| 1011 | + | 31.11 Subd. 6.Violations; penalties.(a) In addition to penalties listed in this subdivision, a | |
| 1012 | + | 31.12person who violates the provisions of this chapter is subject to any applicable criminal | |
| 1013 | + | 31.13penalty. | |
| 1014 | + | 31.14 (b) The office may assess the following civil penalties on a person who sells cannabis | |
| 1015 | + | 31.15flower without a license issued under this chapter that authorizes the sale: | |
| 1016 | + | 31.16 (1) if the person sells more than two ounces but not more than eight ounces of cannabis | |
| 1017 | + | 31.17flower, up to $1,000; | |
| 1018 | + | 31.18 (2) if the person sells more than eight ounces but not more than one pound of cannabis | |
| 1019 | + | 31.19flower, up to $5,000; | |
| 1020 | + | 31.20 (3) if the person sells more than one pound but not more than five pounds of cannabis | |
| 1021 | + | 31.21flower, up to $25,000; | |
| 1022 | + | 31.22 (4) if the person sells more than five pounds but not more than 25 pounds of cannabis | |
| 1023 | + | 31.23flower, up to $100,000; | |
| 1024 | + | 31.24 (5) if the person sells more than 25 pounds but not more than 50 pounds of cannabis | |
| 1025 | + | 31.25flower, up to $250,000; and | |
| 1026 | + | 31.26 (6) if the person sells more than 50 pounds of cannabis flower, up to $1,000,000. | |
| 1027 | + | 31.27 (c) The office may assess the following civil penalties on a person who sells cannabis | |
| 1028 | + | 31.28concentrate without a license issued under this chapter that authorizes the sale: | |
| 1029 | + | 31.29 (1) if the person sells more than eight grams but not more than 40 grams of cannabis | |
| 1030 | + | 31.30concentrate, up to $1,000; | |
| 1031 | + | 31.31 (2) if the person sells more than 40 grams but not more than 80 grams of cannabis | |
| 1032 | + | 31.32concentrate, up to $5,000; | |
| 1031 | 1033 | 31Article 1 Sec. 9. | |
| 1032 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 32.1 (3) if the person sells more than one pound but not more than five pounds of cannabis | |
| 1033 | - | 32.2flower, up to $25,000; | |
| 1034 | - | 32.3 (4) if the person sells more than five pounds but not more than 25 pounds of cannabis | |
| 1035 | - | 32.4flower, up to $100,000; | |
| 1036 | - | 32.5 (5) if the person sells more than 25 pounds but not more than 50 pounds of cannabis | |
| 1037 | - | 32.6flower, up to $250,000; and | |
| 1038 | - | 32.7 (6) if the person sells more than 50 pounds of cannabis flower, up to $1,000,000. | |
| 1039 | - | 32.8 (c) The office may assess the following civil penalties on a person who sells cannabis | |
| 1040 | - | 32.9concentrate without a license issued under this chapter that authorizes the sale: | |
| 1041 | - | 32.10 (1) if the person sells more than eight grams but not more than 40 grams of cannabis | |
| 1042 | - | 32.11concentrate, up to $1,000; | |
| 1043 | - | 32.12 (2) if the person sells more than 40 grams but not more than 80 grams of cannabis | |
| 1044 | - | 32.13concentrate, up to $5,000; | |
| 1045 | - | 32.14 (3) if the person sells more than 80 grams but not more than 400 grams of cannabis | |
| 1046 | - | 32.15concentrate, up to $25,000; | |
| 1047 | - | 32.16 (4) if the person sells more than 400 grams but not more than two kilograms of cannabis | |
| 1048 | - | 32.17concentrate, up to $100,000; | |
| 1049 | - | 32.18 (5) if the person sells more than two kilograms but not more than four kilograms of | |
| 1050 | - | 32.19cannabis concentrate, up to $250,000; and | |
| 1051 | - | 32.20 (6) if the person sells more than four kilograms of cannabis concentrate, up to $1,000,000. | |
| 1052 | - | 32.21 (d) The office may assess the following civil penalties on a person who imports or sells | |
| 1053 | - | 32.22products infused with tetrahydrocannabinol without a license issued under this chapter that | |
| 1054 | - | 32.23authorizes the importation or sale: | |
| 1055 | - | 32.24 (1) if the person imports or sells products infused with a total of more than 800 milligrams | |
| 1056 | - | 32.25but not more than four grams of tetrahydrocannabinol, up to $1,000; | |
| 1057 | - | 32.26 (2) if the person imports or sells products infused with a total of more than four grams | |
| 1058 | - | 32.27but not more than eight grams of tetrahydrocannabinol, up to $5,000; | |
| 1059 | - | 32.28 (3) if the person imports or sells products infused with a total of more than eight grams | |
| 1060 | - | 32.29but not more than 40 grams of tetrahydrocannabinol, up to $25,000; | |
| 1061 | - | 32.30 (4) if the person imports or sells products infused with a total of more than 40 grams | |
| 1062 | - | 32.31but not more than 200 grams of tetrahydrocannabinol, up to $100,000; | |
| 1063 | - | 32Article 1 Sec. 9. | |
| 1064 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 33.1 (5) if the person imports or sells products infused with a total of more than 200 grams | |
| 1065 | - | 33.2but not more than 400 grams of tetrahydrocannabinol, up to $250,000; and | |
| 1066 | - | 33.3 (6) if the person imports or sells products infused with a total of more than 400 grams | |
| 1067 | - | 33.4of tetrahydrocannabinol, up to $1,000,000. | |
| 1068 | - | 33.5 (e) The office may assess a civil penalty of up to $500 for each plant grown in excess | |
| 1069 | - | 33.6of the limit on a person who grows more than eight cannabis plants or more than four mature, | |
| 1070 | - | 33.7flowering plants, without a license to cultivate cannabis issued under this chapter. | |
| 1071 | - | 33.8 Sec. 10. [342.10] LICENSES; TYPES. | |
| 1072 | - | 33.9 The office shall issue the following types of license: | |
| 1073 | - | 33.10 (1) cannabis microbusiness; | |
| 1074 | - | 33.11 (2) cannabis mezzobusiness; | |
| 1075 | - | 33.12 (3) cannabis cultivator; | |
| 1076 | - | 33.13 (4) cannabis manufacturer; | |
| 1077 | - | 33.14 (5) cannabis retailer; | |
| 1078 | - | 33.15 (6) cannabis wholesaler; | |
| 1079 | - | 33.16 (7) cannabis transporter; | |
| 1080 | - | 33.17 (8) cannabis testing facility; | |
| 1081 | - | 33.18 (9) cannabis event organizer; | |
| 1082 | - | 33.19 (10) cannabis delivery service; | |
| 1083 | - | 33.20 (11) lower-potency hemp edible manufacturer; | |
| 1084 | - | 33.21 (12) lower-potency hemp edible retailer; | |
| 1085 | - | 33.22 (13) medical cannabis cultivator; | |
| 1086 | - | 33.23 (14) medical cannabis processor; or | |
| 1087 | - | 33.24 (15) medical cannabis retailer. | |
| 1088 | - | 33.25Sec. 11. [342.11] LICENSES; FEES. | |
| 1089 | - | 33.26 (a) The office shall require the payment of application fees, initial licensing fees, and | |
| 1090 | - | 33.27renewal licensing fees as provided in this section. The initial license fee shall include the | |
| 1091 | - | 33.28fee for initial issuance of the license and the first annual renewal. The renewal fee shall be | |
| 1034 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 32.1 (3) if the person sells more than 80 grams but not more than 400 grams of cannabis | |
| 1035 | + | 32.2concentrate, up to $25,000; | |
| 1036 | + | 32.3 (4) if the person sells more than 400 grams but not more than two kilograms of cannabis | |
| 1037 | + | 32.4concentrate, up to $100,000; | |
| 1038 | + | 32.5 (5) if the person sells more than two kilograms but not more than four kilograms of | |
| 1039 | + | 32.6cannabis concentrate, up to $250,000; and | |
| 1040 | + | 32.7 (6) if the person sells more than four kilograms of cannabis concentrate, up to $1,000,000. | |
| 1041 | + | 32.8 (d) The office may assess the following civil penalties on a person who imports or sells | |
| 1042 | + | 32.9products infused with tetrahydrocannabinol without a license issued under this chapter that | |
| 1043 | + | 32.10authorizes the importation or sale: | |
| 1044 | + | 32.11 (1) if the person imports or sells products infused with a total of more than 800 milligrams | |
| 1045 | + | 32.12but not more than four grams of tetrahydrocannabinol, up to $1,000; | |
| 1046 | + | 32.13 (2) if the person imports or sells products infused with a total of more than four grams | |
| 1047 | + | 32.14but not more than eight grams of tetrahydrocannabinol, up to $5,000; | |
| 1048 | + | 32.15 (3) if the person imports or sells products infused with a total of more than eight grams | |
| 1049 | + | 32.16but not more than 40 grams of tetrahydrocannabinol, up to $25,000; | |
| 1050 | + | 32.17 (4) if the person imports or sells products infused with a total of more than 40 grams | |
| 1051 | + | 32.18but not more than 200 grams of tetrahydrocannabinol, up to $100,000; | |
| 1052 | + | 32.19 (5) if the person imports or sells products infused with a total of more than 200 grams | |
| 1053 | + | 32.20but not more than 400 grams of tetrahydrocannabinol, up to $250,000; and | |
| 1054 | + | 32.21 (6) if the person imports or sells products infused with a total of more than 400 grams | |
| 1055 | + | 32.22of tetrahydrocannabinol, up to $1,000,000. | |
| 1056 | + | 32.23 (e) The office may assess a civil penalty of up to $500 for each plant grown in excess | |
| 1057 | + | 32.24of the limit on a person who grows more than eight cannabis plants or more than four mature, | |
| 1058 | + | 32.25flowering plants, without a license to cultivate cannabis issued under this chapter. | |
| 1059 | + | 32.26Sec. 10. [342.10] LICENSES; TYPES. | |
| 1060 | + | 32.27 The office shall issue the following types of license: | |
| 1061 | + | 32.28 (1) cannabis microbusiness; | |
| 1062 | + | 32.29 (2) cannabis mezzobusiness; | |
| 1063 | + | 32.30 (3) cannabis cultivator; | |
| 1064 | + | 32Article 1 Sec. 10. | |
| 1065 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 33.1 (4) cannabis manufacturer; | |
| 1066 | + | 33.2 (5) cannabis retailer; | |
| 1067 | + | 33.3 (6) cannabis wholesaler; | |
| 1068 | + | 33.4 (7) cannabis transporter; | |
| 1069 | + | 33.5 (8) cannabis testing facility; | |
| 1070 | + | 33.6 (9) cannabis event organizer; | |
| 1071 | + | 33.7 (10) cannabis delivery service; | |
| 1072 | + | 33.8 (11) lower-potency hemp edible manufacturer; | |
| 1073 | + | 33.9 (12) lower-potency hemp edible retailer; | |
| 1074 | + | 33.10 (13) medical cannabis cultivator; | |
| 1075 | + | 33.11 (14) medical cannabis processor; or | |
| 1076 | + | 33.12 (15) medical cannabis retailer. | |
| 1077 | + | 33.13Sec. 11. [342.11] LICENSES; FEES. | |
| 1078 | + | 33.14 (a) The office shall require the payment of application fees, initial licensing fees, and | |
| 1079 | + | 33.15renewal licensing fees as provided in this section. The initial license fee shall include the | |
| 1080 | + | 33.16fee for initial issuance of the license and the first annual renewal. The renewal fee shall be | |
| 1081 | + | 33.17charged at the time of the second renewal and each subsequent annual renewal thereafter. | |
| 1082 | + | 33.18Nothing in this section prohibits a local unit of government from charging the retailer | |
| 1083 | + | 33.19registration fee established in section 342.22. Application fees, initial licensing fees, and | |
| 1084 | + | 33.20renewal licensing fees are nonrefundable. | |
| 1085 | + | 33.21 (b) Application and licensing fees shall be as follows: | |
| 1086 | + | 33.22 (1) for a cannabis microbusiness: | |
| 1087 | + | 33.23 (i) an application fee of $500; | |
| 1088 | + | 33.24 (ii) an initial license fee of $0; and | |
| 1089 | + | 33.25 (iii) a renewal license fee of $2,000; | |
| 1090 | + | 33.26 (2) for a cannabis mezzobusiness: | |
| 1091 | + | 33.27 (i) an application fee of $5,000; | |
| 1092 | + | 33.28 (ii) an initial license fee of $5,000; and | |
| 1092 | 1093 | 33Article 1 Sec. 11. | |
| 1093 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 34.1charged at the time of the second renewal and each subsequent annual renewal thereafter. | |
| 1094 | - | 34.2Nothing in this section prohibits a local unit of government from charging the retailer | |
| 1095 | - | 34.3registration fee established in section 342.22. Application fees, initial licensing fees, and | |
| 1096 | - | 34.4renewal licensing fees are nonrefundable. | |
| 1097 | - | 34.5 (b) Application and licensing fees shall be as follows: | |
| 1098 | - | 34.6 (1) for a cannabis microbusiness: | |
| 1099 | - | 34.7 (i) an application fee of $500; | |
| 1100 | - | 34.8 (ii) an initial license fee of $0; and | |
| 1101 | - | 34.9 (iii) a renewal license fee of $2,000; | |
| 1102 | - | 34.10 (2) for a cannabis mezzobusiness: | |
| 1103 | - | 34.11 (i) an application fee of $5,000; | |
| 1104 | - | 34.12 (ii) an initial license fee of $5,000; and | |
| 1105 | - | 34.13 (iii) a renewal license fee of $10,000; | |
| 1106 | - | 34.14 (3) for a cannabis cultivator: | |
| 1107 | - | 34.15 (i) an application fee of $10,000; | |
| 1108 | - | 34.16 (ii) an initial license fee of $20,000; and | |
| 1109 | - | 34.17 (iii) a renewal license fee of $30,000; | |
| 1110 | - | 34.18 (4) for a cannabis manufacturer: | |
| 1111 | - | 34.19 (i) an application fee of $10,000; | |
| 1112 | - | 34.20 (ii) an initial license fee of $10,000; and | |
| 1113 | - | 34.21 (iii) a renewal license fee of $20,000; | |
| 1114 | - | 34.22 (5) for a cannabis retailer: | |
| 1115 | - | 34.23 (i) an application fee of $2,500; | |
| 1116 | - | 34.24 (ii) an initial license fee of $2,500; and | |
| 1117 | - | 34.25 (iii) a renewal license fee of $5,000; | |
| 1118 | - | 34.26 (6) for a cannabis wholesaler: | |
| 1119 | - | 34.27 (i) an application fee of $5,000; | |
| 1120 | - | 34.28 (ii) an initial license fee of $5,000; and | |
| 1094 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 34.1 (iii) a renewal license fee of $10,000; | |
| 1095 | + | 34.2 (3) for a cannabis cultivator: | |
| 1096 | + | 34.3 (i) an application fee of $10,000; | |
| 1097 | + | 34.4 (ii) an initial license fee of $20,000; and | |
| 1098 | + | 34.5 (iii) a renewal license fee of $30,000; | |
| 1099 | + | 34.6 (4) for a cannabis manufacturer: | |
| 1100 | + | 34.7 (i) an application fee of $10,000; | |
| 1101 | + | 34.8 (ii) an initial license fee of $10,000; and | |
| 1102 | + | 34.9 (iii) a renewal license fee of $20,000; | |
| 1103 | + | 34.10 (5) for a cannabis retailer: | |
| 1104 | + | 34.11 (i) an application fee of $2,500; | |
| 1105 | + | 34.12 (ii) an initial license fee of $2,500; and | |
| 1106 | + | 34.13 (iii) a renewal license fee of $5,000; | |
| 1107 | + | 34.14 (6) for a cannabis wholesaler: | |
| 1108 | + | 34.15 (i) an application fee of $5,000; | |
| 1109 | + | 34.16 (ii) an initial license fee of $5,000; and | |
| 1110 | + | 34.17 (iii) a renewal license fee of $10,000; | |
| 1111 | + | 34.18 (7) for a cannabis transporter: | |
| 1112 | + | 34.19 (i) an application fee of $250; | |
| 1113 | + | 34.20 (ii) an initial license fee of $500; and | |
| 1114 | + | 34.21 (iii) a renewal license fee of $1,000; | |
| 1115 | + | 34.22 (8) for a cannabis testing facility: | |
| 1116 | + | 34.23 (i) an application fee of $10,000; | |
| 1117 | + | 34.24 (ii) an initial license fee of $10,000; and | |
| 1118 | + | 34.25 (iii) a renewal license fee of $20,000; | |
| 1119 | + | 34.26 (9) for a cannabis delivery service: | |
| 1120 | + | 34.27 (i) an application fee of $250; | |
| 1121 | 1121 | 34Article 1 Sec. 11. | |
| 1122 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 35.1 (iii) a renewal license fee of $10,000; | |
| 1123 | - | 35.2 (7) for a cannabis transporter: | |
| 1124 | - | 35.3 (i) an application fee of $250; | |
| 1125 | - | 35.4 (ii) an initial license fee of $500; and | |
| 1126 | - | 35.5 (iii) a renewal license fee of $1,000; | |
| 1127 | - | 35.6 (8) for a cannabis testing facility: | |
| 1128 | - | 35.7 (i) an application fee of $10,000; | |
| 1129 | - | 35.8 (ii) an initial license fee of $10,000; and | |
| 1130 | - | 35.9 (iii) a renewal license fee of $20,000; | |
| 1131 | - | 35.10 (9) for a cannabis delivery service: | |
| 1132 | - | 35.11 (i) an application fee of $250; | |
| 1133 | - | 35.12 (ii) an initial license fee of $500; and | |
| 1134 | - | 35.13 (iii) a renewal license fee of $1,000; | |
| 1135 | - | 35.14 (10) for a cannabis event organizer: | |
| 1136 | - | 35.15 (i) an application fee of $750; and | |
| 1137 | - | 35.16 (ii) an initial license fee of $750; | |
| 1138 | - | 35.17 (11) for a lower-potency hemp edible manufacturer: | |
| 1139 | - | 35.18 (i) an application fee of $250; | |
| 1140 | - | 35.19 (ii) an initial license fee of $1,000; and | |
| 1141 | - | 35.20 (iii) a renewal license fee of $1,000; | |
| 1142 | - | 35.21 (12) for a lower-potency hemp edible retailer: | |
| 1143 | - | 35.22 (i) an application fee of $250 per retail location; | |
| 1144 | - | 35.23 (ii) an initial license fee of $250 per retail location; and | |
| 1145 | - | 35.24 (iii) a renewal license fee of $250 per retail location; | |
| 1146 | - | 35.25 (13) for a medical cannabis cultivator: | |
| 1147 | - | 35.26 (i) an application fee of $250; | |
| 1148 | - | 35.27 (ii) an initial license fee of $0; and | |
| 1122 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 35.1 (ii) an initial license fee of $500; and | |
| 1123 | + | 35.2 (iii) a renewal license fee of $1,000; | |
| 1124 | + | 35.3 (10) for a cannabis event organizer: | |
| 1125 | + | 35.4 (i) an application fee of $750; and | |
| 1126 | + | 35.5 (ii) an initial license fee of $750; | |
| 1127 | + | 35.6 (11) for a lower-potency hemp edible manufacturer: | |
| 1128 | + | 35.7 (i) an application fee of $250; | |
| 1129 | + | 35.8 (ii) an initial license fee of $1,000; and | |
| 1130 | + | 35.9 (iii) a renewal license fee of $1,000; | |
| 1131 | + | 35.10 (12) for a lower-potency hemp edible retailer: | |
| 1132 | + | 35.11 (i) an application fee of $250 per retail location; | |
| 1133 | + | 35.12 (ii) an initial license fee of $250 per retail location; and | |
| 1134 | + | 35.13 (iii) a renewal license fee of $250 per retail location; | |
| 1135 | + | 35.14 (13) for a medical cannabis cultivator: | |
| 1136 | + | 35.15 (i) an application fee of $250; | |
| 1137 | + | 35.16 (ii) an initial license fee of $0; and | |
| 1138 | + | 35.17 (iii) a renewal license fee of $0; | |
| 1139 | + | 35.18 (14) for a medical cannabis processor: | |
| 1140 | + | 35.19 (i) an application fee of $250; | |
| 1141 | + | 35.20 (ii) an initial license fee of $0; and | |
| 1142 | + | 35.21 (iii) a renewal license fee of $0; and | |
| 1143 | + | 35.22 (15) for a medical cannabis retailer: | |
| 1144 | + | 35.23 (i) an application fee of $250; | |
| 1145 | + | 35.24 (ii) an initial license fee of $0; and | |
| 1146 | + | 35.25 (iii) a renewal license fee of $0. | |
| 1149 | 1147 | 35Article 1 Sec. 11. | |
| 1150 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 36.1 (iii) a renewal license fee of $0; | |
| 1151 | - | 36.2 (14) for a medical cannabis processor: | |
| 1152 | - | 36.3 (i) an application fee of $250; | |
| 1153 | - | 36.4 (ii) an initial license fee of $0; and | |
| 1154 | - | 36.5 (iii) a renewal license fee of $0; and | |
| 1155 | - | 36.6 (15) for a medical cannabis retailer: | |
| 1156 | - | 36.7 (i) an application fee of $250; | |
| 1157 | - | 36.8 (ii) an initial license fee of $0; and | |
| 1158 | - | 36.9 (iii) a renewal license fee of $0. | |
| 1159 | - | 36.10Sec. 12. [342.12] LICENSES; TRANSFERS; ADJUSTMENTS. | |
| 1160 | - | 36.11 (a) Licenses issued under this chapter may be freely transferred subject to the prior | |
| 1161 | - | 36.12written approval of the office, which approval may be given or withheld in the office's sole | |
| 1162 | - | 36.13discretion, provided that a social equity applicant may only transfer the applicant's license | |
| 1163 | - | 36.14to another social equity applicant. A new license must be obtained when: | |
| 1164 | - | 36.15 (1) the form of the licensee's legal business structure converts or changes to a different | |
| 1165 | - | 36.16type of legal business structure; or | |
| 1166 | - | 36.17 (2) the licensee dissolves; reorganizes; undergoes bankruptcy, insolvency, or receivership | |
| 1167 | - | 36.18proceedings; or assigns all or substantially all of its assets for the benefit of creditors. | |
| 1168 | - | 36.19 (b) Licenses must be renewed annually. | |
| 1169 | - | 36.20 (c) License holders may petition the office to adjust the tier of a license issued within a | |
| 1170 | - | 36.21license category provided that the license holder meets all applicable requirements. | |
| 1171 | - | 36.22 (d) The office by rule may permit relocation of a licensed cannabis business, adopt | |
| 1172 | - | 36.23requirements for the submission of a license relocation application, establish standards for | |
| 1173 | - | 36.24the approval of a relocation application, and charge a fee not to exceed $250 for reviewing | |
| 1174 | - | 36.25and processing applications. Relocation of a licensed premises pursuant to this paragraph | |
| 1175 | - | 36.26does not extend or otherwise modify the license term of the license subject to relocation. | |
| 1176 | - | 36Article 1 Sec. 12. | |
| 1177 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 37.1 Sec. 13. [342.13] LOCAL CONTROL. | |
| 1178 | - | 37.2 (a) A local unit of government may not prohibit the possession, transportation, or use | |
| 1179 | - | 37.3of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 1180 | - | 37.4consumer products authorized under this chapter. | |
| 1181 | - | 37.5 (b) A local unit of government may not prohibit the establishment or operation of a | |
| 1182 | - | 37.6cannabis business licensed under this chapter. | |
| 1183 | - | 37.7 (c) A local unit of government may adopt reasonable restrictions on the time, place, and | |
| 1184 | - | 37.8manner of the operation of a cannabis business provided that such restrictions do not prohibit | |
| 1185 | - | 37.9the establishment or operation of cannabis businesses. A local unit of government may | |
| 1186 | - | 37.10prohibit the operation of a cannabis business within 500 feet of a school, day care, or park. | |
| 1187 | - | 37.11 (d) The office shall work with local units of government to develop model ordinances | |
| 1188 | - | 37.12for reasonable restrictions on the time, place, and manner of the operation of a cannabis | |
| 1189 | - | 37.13business. | |
| 1190 | - | 37.14 (e) If a local unit of government is conducting studies or has authorized a study to be | |
| 1191 | - | 37.15conducted or has held or has scheduled a hearing for the purpose of considering adoption | |
| 1192 | - | 37.16or amendment of reasonable restrictions on the time, place, and manner of the operation of | |
| 1193 | - | 37.17a cannabis business, the governing body of the local unit of government may adopt an | |
| 1194 | - | 37.18interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting | |
| 1195 | - | 37.19the planning process and the health, safety, and welfare of its citizens. Before adopting the | |
| 1196 | - | 37.20interim ordinance, the governing body must hold a public hearing. The interim ordinance | |
| 1197 | - | 37.21may regulate, restrict, or prohibit the operation of a cannabis business within the jurisdiction | |
| 1198 | - | 37.22or a portion thereof until January 1, 2025. | |
| 1199 | - | 37.23 (f) Within 30 days of receiving a copy of an application for a cannabis business license | |
| 1200 | - | 37.24from the office, a local unit of government shall certify on a form provided by the office | |
| 1201 | - | 37.25whether a proposed cannabis business complies with local zoning ordinances and, if | |
| 1202 | - | 37.26applicable, whether the proposed business complies with the state fire code and building | |
| 1203 | - | 37.27code. | |
| 1204 | - | 37.28 (g) Upon receipt of an application for a license issued under this chapter, the office shall | |
| 1205 | - | 37.29contact the local unit of government in which the business would be located and provide | |
| 1206 | - | 37.30the local unit of government with 30 days in which to provide input on the application. The | |
| 1207 | - | 37.31local unit of government may provide the office with any additional information it believes | |
| 1208 | - | 37.32is relevant to the office's decision on whether to issue a license, including but not limited | |
| 1209 | - | 37.33to identifying concerns about the proposed location of a cannabis business or sharing public | |
| 1210 | - | 37.34information about an applicant. | |
| 1211 | - | 37Article 1 Sec. 13. | |
| 1212 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 38.1 (h) The office by rule shall establish an expedited complaint process to receive, review, | |
| 1213 | - | 38.2and respond to complaints made by a local unit of government about a cannabis business. | |
| 1214 | - | 38.3Complaints may include alleged violations of local ordinances or other alleged violations. | |
| 1215 | - | 38.4At a minimum, the expedited complaint process shall require the office to provide an initial | |
| 1216 | - | 38.5response to the complaint within seven days and perform any necessary inspections within | |
| 1217 | - | 38.630 days. Nothing in this paragraph prohibits a local unit of government from enforcing a | |
| 1218 | - | 38.7local ordinance. | |
| 1219 | - | 38.8 Sec. 14. [342.135] LOCAL RESTRICTION ON NUMBER OF CANNABIS | |
| 1220 | - | 38.9RETAILERS. | |
| 1221 | - | 38.10 (a) A local government unit that issues cannabis retailer registration under section 342.22 | |
| 1222 | - | 38.11may, by ordinance, limit the number of licensed cannabis retailers consistent with the | |
| 1223 | - | 38.12following limits: | |
| 1224 | - | 38.13 (1) in cities of the first class and counties, one license for every 10,000 population; | |
| 1225 | - | 38.14 (2) in cities of the second class, at least four licenses plus one for every 5,000 over 45,000 | |
| 1226 | - | 38.15population; | |
| 1227 | - | 38.16 (3) in cities of the third class, at least two licenses; | |
| 1228 | - | 38.17 (4) in cities of 5,000 to 10,000 population, at least one license; and | |
| 1229 | - | 38.18 (5) in cities under 5,000 population, at least one license. | |
| 1230 | - | 38.19 (b) Nothing in this subdivision shall prohibit a local government from allowing licensed | |
| 1231 | - | 38.20cannabis retailers in excess of the minimums set in paragraph (a). | |
| 1232 | - | 38.21Sec. 15. [342.14] LICENSE APPLICATION AND RENEWAL; FEES. | |
| 1233 | - | 38.22 Subdivision 1.Application; contents.(a) The office by rule shall establish forms and | |
| 1234 | - | 38.23procedures for the processing of licenses issued under this chapter. At a minimum, any | |
| 1235 | - | 38.24application to obtain or renew a license shall include the following information, if applicable: | |
| 1236 | - | 38.25 (1) the name, address, and date of birth of the applicant; | |
| 1237 | - | 38.26 (2) the disclosure of ownership and control required under paragraph (b); | |
| 1238 | - | 38.27 (3) the disclosure of whether the applicant or, if the applicant is a business, any officer, | |
| 1239 | - | 38.28director, manager, and general partner of the business has ever filed for bankruptcy; | |
| 1240 | - | 38.29 (4) the address and legal property description of the business; | |
| 1148 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 36.1 Sec. 12. [342.12] LICENSES; TRANSFERS; ADJUSTMENTS. | |
| 1149 | + | 36.2 (a) Licenses issued under this chapter may be freely transferred subject to the prior | |
| 1150 | + | 36.3written approval of the office, which approval may be given or withheld in the office's sole | |
| 1151 | + | 36.4discretion, provided that a social equity applicant may only transfer the applicant's license | |
| 1152 | + | 36.5to another social equity applicant. A new license must be obtained when: | |
| 1153 | + | 36.6 (1) the form of the licensee's legal business structure converts or changes to a different | |
| 1154 | + | 36.7type of legal business structure; or | |
| 1155 | + | 36.8 (2) the licensee dissolves; reorganizes; undergoes bankruptcy, insolvency, or receivership | |
| 1156 | + | 36.9proceedings; or assigns all or substantially all of its assets for the benefit of creditors. | |
| 1157 | + | 36.10 (b) Licenses must be renewed annually. | |
| 1158 | + | 36.11 (c) License holders may petition the office to adjust the tier of a license issued within a | |
| 1159 | + | 36.12license category provided that the license holder meets all applicable requirements. | |
| 1160 | + | 36.13 (d) The office by rule may permit relocation of a licensed cannabis business, adopt | |
| 1161 | + | 36.14requirements for the submission of a license relocation application, establish standards for | |
| 1162 | + | 36.15the approval of a relocation application, and charge a fee not to exceed $250 for reviewing | |
| 1163 | + | 36.16and processing applications. Relocation of a licensed premises pursuant to this paragraph | |
| 1164 | + | 36.17does not extend or otherwise modify the license term of the license subject to relocation. | |
| 1165 | + | 36.18Sec. 13. [342.13] LOCAL CONTROL. | |
| 1166 | + | 36.19 (a) A local unit of government may not prohibit the possession, transportation, or use | |
| 1167 | + | 36.20of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 1168 | + | 36.21consumer products or cannabinoid products authorized under this chapter. | |
| 1169 | + | 36.22 (b) A local unit of government may not prohibit the establishment or operation of a | |
| 1170 | + | 36.23cannabis business licensed under this chapter. | |
| 1171 | + | 36.24 (c) A local unit of government may adopt reasonable restrictions on the time, place, and | |
| 1172 | + | 36.25manner of the operation of a cannabis business provided that such restrictions do not prohibit | |
| 1173 | + | 36.26the establishment or operation of cannabis businesses. A local unit of government may | |
| 1174 | + | 36.27prohibit the operation of a cannabis business within 500 feet of a school, day care, or park. | |
| 1175 | + | 36.28 (d) The office shall work with local units of government to develop model ordinances | |
| 1176 | + | 36.29for reasonable restrictions on the time, place, and manner of the operation of a cannabis | |
| 1177 | + | 36.30business. | |
| 1178 | + | 36.31 (e) If a local unit of government is conducting studies or has authorized a study to be | |
| 1179 | + | 36.32conducted or has held or has scheduled a hearing for the purpose of considering adoption | |
| 1180 | + | 36Article 1 Sec. 13. | |
| 1181 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 37.1or amendment of reasonable restrictions on the time, place, and manner of the operation of | |
| 1182 | + | 37.2a cannabis business, the governing body of the local unit of government may adopt an | |
| 1183 | + | 37.3interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting | |
| 1184 | + | 37.4the planning process and the health, safety, and welfare of its citizens. Before adopting the | |
| 1185 | + | 37.5interim ordinance, the governing body must hold a public hearing. The interim ordinance | |
| 1186 | + | 37.6may regulate, restrict, or prohibit the operation of a cannabis business within the jurisdiction | |
| 1187 | + | 37.7or a portion thereof until January 1, 2025. | |
| 1188 | + | 37.8 (f) Within 30 days of receiving a copy of an application for a cannabis business license | |
| 1189 | + | 37.9from the office, a local unit of government shall certify on a form provided by the office | |
| 1190 | + | 37.10whether a proposed cannabis business complies with local zoning ordinances and, if | |
| 1191 | + | 37.11applicable, whether the proposed business complies with the state fire code and building | |
| 1192 | + | 37.12code. | |
| 1193 | + | 37.13 (g) Upon receipt of an application for a license issued under this chapter, the office shall | |
| 1194 | + | 37.14contact the local unit of government in which the business would be located and provide | |
| 1195 | + | 37.15the local unit of government with 30 days in which to provide input on the application. The | |
| 1196 | + | 37.16local unit of government may provide the office with any additional information it believes | |
| 1197 | + | 37.17is relevant to the office's decision on whether to issue a license, including but not limited | |
| 1198 | + | 37.18to identifying concerns about the proposed location of a cannabis business or sharing public | |
| 1199 | + | 37.19information about an applicant. | |
| 1200 | + | 37.20 (h) The office by rule shall establish an expedited complaint process to receive, review, | |
| 1201 | + | 37.21and respond to complaints made by a local unit of government about a cannabis business. | |
| 1202 | + | 37.22Complaints may include alleged violations of local ordinances or other alleged violations. | |
| 1203 | + | 37.23At a minimum, the expedited complaint process shall require the office to provide an initial | |
| 1204 | + | 37.24response to the complaint within seven days and perform any necessary inspections within | |
| 1205 | + | 37.2530 days. Nothing in this paragraphs prohibits a local unit of government from enforcing a | |
| 1206 | + | 37.26local ordinance. | |
| 1207 | + | 37.27Sec. 14. [342.135] LOCAL RESTRICTION ON NUMBER OF CANNABIS | |
| 1208 | + | 37.28RETAILERS. | |
| 1209 | + | 37.29 (a) A local government unit that issues cannabis retailer registration under section 342.22 | |
| 1210 | + | 37.30may, by ordinance, limit the number of licensed cannabis retailers consistent with the | |
| 1211 | + | 37.31following limits: | |
| 1212 | + | 37.32 (1) in cities of the first class and counties, one license for every 10,000 population; | |
| 1213 | + | 37Article 1 Sec. 14. | |
| 1214 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 38.1 (2) in cities of the second class, at least four licenses plus one for every 5,000 over 45,000 | |
| 1215 | + | 38.2population; | |
| 1216 | + | 38.3 (3) in cities of the third class, at least two licenses; | |
| 1217 | + | 38.4 (4) in cities of 5,000 to 10,000 population, at least one license; and | |
| 1218 | + | 38.5 (5) in cities under 5,000 population, at least one license. | |
| 1219 | + | 38.6 (b) Nothing in this subdivision shall prohibit a local government from allowing licensed | |
| 1220 | + | 38.7cannabis retailers in excess of the minimums set in paragraph (a). | |
| 1221 | + | 38.8 Sec. 15. [342.14] LICENSE APPLICATION AND RENEWAL; FEES. | |
| 1222 | + | 38.9 Subdivision 1.Application; contents.(a) The office by rule shall establish forms and | |
| 1223 | + | 38.10procedures for the processing of licenses issued under this chapter. At a minimum, any | |
| 1224 | + | 38.11application to obtain or renew a license shall include the following information, if applicable: | |
| 1225 | + | 38.12 (1) the name, address, and date of birth of the applicant; | |
| 1226 | + | 38.13 (2) the disclosure of ownership and control required under paragraph (b); | |
| 1227 | + | 38.14 (3) the disclosure of whether the applicant or, if the applicant is a business, any officer, | |
| 1228 | + | 38.15director, manager, and general partner of the business has ever filed for bankruptcy; | |
| 1229 | + | 38.16 (4) the address and legal property description of the business; | |
| 1230 | + | 38.17 (5) a general description of the location or locations the applicant plans to operate, | |
| 1231 | + | 38.18including the planned square feet of planned space for cultivation, wholesaling, and retailing, | |
| 1232 | + | 38.19as applicable; | |
| 1233 | + | 38.20 (6) a diversity plan that establishes a goal of diversity in ownership, management, | |
| 1234 | + | 38.21employment, and contracting; | |
| 1235 | + | 38.22 (7) a copy of the security plan; | |
| 1236 | + | 38.23 (8) proof of trade name registration; | |
| 1237 | + | 38.24 (9) a copy of the applicant's business plan showing the expected size of the business; | |
| 1238 | + | 38.25anticipated growth; the methods of record keeping; the knowledge and experience of the | |
| 1239 | + | 38.26applicant and any officer, director, manager, and general partner of the business; the | |
| 1240 | + | 38.27environmental plan; and other relevant financial and operational components; | |
| 1241 | + | 38.28 (10) an attestation signed by a bona fide labor organization stating that the applicant has | |
| 1242 | + | 38.29entered into a labor peace agreement; | |
| 1241 | 1243 | 38Article 1 Sec. 15. | |
| 1242 | - | S0073- | |
| 1243 | - | 39. | |
| 1244 | - | 39. | |
| 1245 | - | 39.4 ( | |
| 1246 | - | 39. | |
| 1247 | - | 39.6 ( | |
| 1248 | - | 39. | |
| 1249 | - | 39.8 ( | |
| 1250 | - | 39. | |
| 1251 | - | 39. | |
| 1252 | - | 39. | |
| 1253 | - | 39. | |
| 1254 | - | 39. | |
| 1255 | - | 39. | |
| 1256 | - | 39. | |
| 1257 | - | 39. | |
| 1258 | - | 39.17 ( | |
| 1259 | - | 39. | |
| 1260 | - | 39. | |
| 1261 | - | 39. | |
| 1262 | - | 39.21 ( | |
| 1263 | - | 39. | |
| 1264 | - | 39. | |
| 1265 | - | 39.24 ( | |
| 1266 | - | 39. | |
| 1267 | - | 39. | |
| 1268 | - | 39. | |
| 1269 | - | 39. | |
| 1270 | - | 39. | |
| 1271 | - | 39.30 ( | |
| 1272 | - | 39. | |
| 1244 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 39.1 (11) certification that the applicant will comply with the requirements of this chapter | |
| 1245 | + | 39.2relating to the ownership and operation of a cannabis business; | |
| 1246 | + | 39.3 (12) a land use compatibility statement from the local unit of government; | |
| 1247 | + | 39.4 (13) identification of one or more controlling persons or managerial employees as agents | |
| 1248 | + | 39.5who shall be responsible for dealing with the office on all matters; and | |
| 1249 | + | 39.6 (14) a statement that the applicant agrees to respond to the office's supplemental requests | |
| 1250 | + | 39.7for information. | |
| 1251 | + | 39.8 (b) An applicant must file and update as necessary a disclosure of ownership and control. | |
| 1252 | + | 39.9The office by rule shall establish the contents and form of the disclosure. At a minimum, | |
| 1253 | + | 39.10the disclosure shall include the following: | |
| 1254 | + | 39.11 (1) the management structure, ownership, and control of the applicant or license holder, | |
| 1255 | + | 39.12including the name of each cooperative member, officer, director, manager, general partner | |
| 1256 | + | 39.13or business entity; the office or position held by each person; each person's percentage | |
| 1257 | + | 39.14ownership interest, if any; and, if the business has a parent company, the name of each | |
| 1258 | + | 39.15owner, board member, and officer of the parent company and the owner's, board member's, | |
| 1259 | + | 39.16or officer's percentage ownership interest in the parent company and the cannabis business; | |
| 1260 | + | 39.17 (2) a statement from the applicant and, if the applicant is a business, from every officer, | |
| 1261 | + | 39.18director, manager, and general partner of the business, indicating whether that person has | |
| 1262 | + | 39.19previously held, or currently holds, an ownership interest in a cannabis business in Minnesota, | |
| 1263 | + | 39.20any other state or territory of the United States, or any other country; | |
| 1264 | + | 39.21 (3) if the applicant is a corporation, copies of its articles of incorporation and bylaws | |
| 1265 | + | 39.22and any amendments to its articles of incorporation or bylaws; | |
| 1266 | + | 39.23 (4) copies of any partnership agreement, operating agreement, or shareholder agreement; | |
| 1267 | + | 39.24 (5) copies of any promissory notes, security instruments, or other similar agreements; | |
| 1268 | + | 39.25 (6) explanation detailing the funding sources used to finance the business; | |
| 1269 | + | 39.26 (7) a list of operating and investment accounts for the business, including any applicable | |
| 1270 | + | 39.27financial institution and account number; and | |
| 1271 | + | 39.28 (8) a list of each outstanding loan and financial obligation obtained for use in the business, | |
| 1272 | + | 39.29including the loan amount, loan terms, and name and address of the creditor. | |
| 1273 | + | 39.30 (c) An application may include: | |
| 1274 | + | 39.31 (1) proof that the applicant is a social equity applicant; | |
| 1273 | 1275 | 39Article 1 Sec. 15. | |
| 1274 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 40.1previously held, or currently holds, an ownership interest in a cannabis business in Minnesota, | |
| 1275 | - | 40.2any other state or territory of the United States, or any other country; | |
| 1276 | - | 40.3 (3) if the applicant is a corporation, copies of its articles of incorporation and bylaws | |
| 1277 | - | 40.4and any amendments to its articles of incorporation or bylaws; | |
| 1278 | - | 40.5 (4) copies of any partnership agreement, operating agreement, or shareholder agreement; | |
| 1279 | - | 40.6 (5) copies of any promissory notes, security instruments, or other similar agreements; | |
| 1280 | - | 40.7 (6) explanation detailing the funding sources used to finance the business; | |
| 1281 | - | 40.8 (7) a list of operating and investment accounts for the business, including any applicable | |
| 1282 | - | 40.9financial institution and account number; and | |
| 1283 | - | 40.10 (8) a list of each outstanding loan and financial obligation obtained for use in the business, | |
| 1284 | - | 40.11including the loan amount, loan terms, and name and address of the creditor. | |
| 1285 | - | 40.12 (c) An application may include: | |
| 1286 | - | 40.13 (1) proof that the applicant is a social equity applicant; | |
| 1287 | - | 40.14 (2) a description of the training and education that will be provided to any employee; | |
| 1288 | - | 40.15or | |
| 1289 | - | 40.16 (3) a copy of business policies governing operations to ensure compliance with this | |
| 1290 | - | 40.17chapter. | |
| 1291 | - | 40.18 (d) Commitments made by an applicant in its application, including but not limited to | |
| 1292 | - | 40.19the maintenance of a labor peace agreement, shall be an ongoing material condition of | |
| 1293 | - | 40.20maintaining and renewing the license. | |
| 1294 | - | 40.21 (e) An application on behalf of a corporation or association shall be signed by at least | |
| 1295 | - | 40.22two officers or managing agents of that entity. | |
| 1296 | - | 40.23 Subd. 2.Application; process.(a) An applicant must submit all required information | |
| 1297 | - | 40.24to the office on the forms and in the manner prescribed by the office. | |
| 1298 | - | 40.25 (b) If the office receives an application that fails to provide the required information, | |
| 1299 | - | 40.26the office shall issue a deficiency notice to the applicant. The applicant shall have ten | |
| 1300 | - | 40.27business days from the date of the deficiency notice to submit the required information. | |
| 1301 | - | 40.28 (c) Failure by an applicant to submit all required information will result in the application | |
| 1302 | - | 40.29being rejected. | |
| 1303 | - | 40.30 (d) Upon receipt of a completed application and fee, or a site permit application, the | |
| 1304 | - | 40.31office shall forward a copy of the application to the local unit of government in which the | |
| 1276 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 40.1 (2) a description of the training and education that will be provided to any employee; | |
| 1277 | + | 40.2or | |
| 1278 | + | 40.3 (3) a copy of business policies governing operations to ensure compliance with this | |
| 1279 | + | 40.4chapter. | |
| 1280 | + | 40.5 (d) Commitments made by an applicant in its application, including but not limited to | |
| 1281 | + | 40.6the maintenance of a labor peace agreement, shall be an ongoing material condition of | |
| 1282 | + | 40.7maintaining and renewing the license. | |
| 1283 | + | 40.8 (e) An application on behalf of a corporation or association shall be signed by at least | |
| 1284 | + | 40.9two officers or managing agents of that entity. | |
| 1285 | + | 40.10 Subd. 2.Application; process.(a) An applicant must submit all required information | |
| 1286 | + | 40.11to the office on the forms and in the manner prescribed by the office. | |
| 1287 | + | 40.12 (b) If the office receives an application that fails to provide the required information, | |
| 1288 | + | 40.13the office shall issue a deficiency notice to the applicant. The applicant shall have ten | |
| 1289 | + | 40.14business days from the date of the deficiency notice to submit the required information. | |
| 1290 | + | 40.15 (c) Failure by an applicant to submit all required information will result in the application | |
| 1291 | + | 40.16being rejected. | |
| 1292 | + | 40.17 (d) Upon receipt of a completed application and fee, or a site permit application, the | |
| 1293 | + | 40.18office shall forward a copy of the application to the local unit of government in which the | |
| 1294 | + | 40.19business operates or intends to operate with a form for certification as to whether a proposed | |
| 1295 | + | 40.20cannabis business complies with local zoning ordinances and, if applicable, whether the | |
| 1296 | + | 40.21proposed business complies with the state fire code and building code. | |
| 1297 | + | 40.22 (e) Within 90 days of receiving a completed application, the office shall issue the | |
| 1298 | + | 40.23appropriate license or send the applicant a notice of rejection setting forth specific reasons | |
| 1299 | + | 40.24that the office did not approve the application. | |
| 1300 | + | 40.25 Subd. 3.Criminal history check.A license applicant or, in the case of a business entity, | |
| 1301 | + | 40.26every cooperative member or director, manager, and general partner of the business entity, | |
| 1302 | + | 40.27must submit a completed criminal history records check consent form, a full set of classifiable | |
| 1303 | + | 40.28fingerprints, and the required fees to the office. Upon receipt of this information, the office | |
| 1304 | + | 40.29must submit the completed criminal history records check consent form, full set of classifiable | |
| 1305 | + | 40.30fingerprints, and required fees to the Bureau of Criminal Apprehension. After receiving this | |
| 1306 | + | 40.31information, the bureau must conduct a Minnesota criminal history records check of the | |
| 1307 | + | 40.32person. The bureau may exchange the person's fingerprints with the Federal Bureau of | |
| 1308 | + | 40.33Investigation to obtain the person's national criminal history record information. The bureau | |
| 1305 | 1309 | 40Article 1 Sec. 15. | |
| 1306 | - | S0073- | |
| 1307 | - | 41. | |
| 1308 | - | 41. | |
| 1309 | - | 41.4 | |
| 1310 | - | 41. | |
| 1311 | - | 41. | |
| 1312 | - | 41. | |
| 1313 | - | 41. | |
| 1314 | - | 41. | |
| 1315 | - | 41. | |
| 1316 | - | 41. | |
| 1317 | - | 41. | |
| 1318 | - | 41. | |
| 1319 | - | 41. | |
| 1320 | - | 41. | |
| 1321 | - | 41. | |
| 1322 | - | 41. | |
| 1323 | - | 41.18Sec. | |
| 1324 | - | 41.19 | |
| 1325 | - | 41. | |
| 1326 | - | 41. | |
| 1327 | - | 41. | |
| 1328 | - | 41. | |
| 1329 | - | 41. | |
| 1330 | - | 41. | |
| 1331 | - | 41. | |
| 1332 | - | 41. | |
| 1333 | - | 41. | |
| 1334 | - | 41.29 ( | |
| 1335 | - | 41. | |
| 1336 | - | 41. | |
| 1337 | - | 41. | |
| 1338 | - | ||
| 1339 | - | ||
| 1340 | - | 42. | |
| 1341 | - | 42. | |
| 1342 | - | 42. | |
| 1343 | - | 42. | |
| 1344 | - | 42. | |
| 1345 | - | 42. | |
| 1346 | - | 42. | |
| 1347 | - | 42. | |
| 1348 | - | 42. | |
| 1349 | - | 42. | |
| 1350 | - | 42. | |
| 1351 | - | 42. | |
| 1352 | - | 42. | |
| 1353 | - | 42. | |
| 1354 | - | 42. | |
| 1355 | - | 42. | |
| 1356 | - | 42. | |
| 1357 | - | 42. | |
| 1358 | - | 42. | |
| 1359 | - | 42. | |
| 1360 | - | 42. | |
| 1361 | - | 42. | |
| 1362 | - | 42. | |
| 1363 | - | 42. | |
| 1364 | - | 42. | |
| 1365 | - | 42. | |
| 1366 | - | 42. | |
| 1367 | - | 42. | |
| 1310 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 41.1must return the results of the Minnesota and federal criminal history records checks to the | |
| 1311 | + | 41.2director to determine if the person is disqualified under section 342.19. | |
| 1312 | + | 41.3 Sec. 16. [342.15] SOCIAL EQUITY APPLICANTS. | |
| 1313 | + | 41.4 An individual qualifies as a social equity applicant if the individual is: | |
| 1314 | + | 41.5 (1) a military veteran who lost honorable status due to a cannabis-related offense; | |
| 1315 | + | 41.6 (2) a resident for the last five years of one or more subareas, such as census tracts or | |
| 1316 | + | 41.7neighborhoods, that experienced a disproportionately large amount of cannabis enforcement | |
| 1317 | + | 41.8as determined by the study conducted by the office pursuant to section 342.04, paragraph | |
| 1318 | + | 41.9(b), and reported in the preliminary report, final report, or both; or | |
| 1319 | + | 41.10 (3) a resident for the last five years of one or more census tracts where, as reported in | |
| 1320 | + | 41.11the most recently completed decennial census published by the United States Bureau of the | |
| 1321 | + | 41.12Census, either: | |
| 1322 | + | 41.13 (i) the poverty rate was 20 percent or more; or | |
| 1323 | + | 41.14 (ii) the median family income did not exceed 80 percent of statewide median family | |
| 1324 | + | 41.15income or, if in a metropolitan area, did not exceed the greater of 80 percent of the statewide | |
| 1325 | + | 41.16median family income or 80 percent of the median family income for that metropolitan | |
| 1326 | + | 41.17area. | |
| 1327 | + | 41.18Sec. 17. [342.16] LICENSE SELECTION CRITERIA. | |
| 1328 | + | 41.19 Subdivision 1.Market stability.The office shall issue the necessary number of licenses | |
| 1329 | + | 41.20in order to ensure the sufficient supply of cannabis flower and cannabis products to meet | |
| 1330 | + | 41.21demand, provide market stability, ensure a competitive market, and limit the sale of | |
| 1331 | + | 41.22unregulated cannabis flower and cannabis products. The office shall annually complete a | |
| 1332 | + | 41.23market analysis to determine whether it is fulfilling the four requirements listed in this | |
| 1333 | + | 41.24subdivision. The office shall hold public hearings as part of the market analysis to hear from | |
| 1334 | + | 41.25consumers, market stakeholders, and potential new applicants. | |
| 1335 | + | 41.26 Subd. 2.Vertical integration prohibited; exceptions.(a) Except as otherwise provided | |
| 1336 | + | 41.27in this subdivision, the office shall not issue licenses to a single applicant that would result | |
| 1337 | + | 41.28in the applicant being vertically integrated in violation of the provisions of this chapter. | |
| 1338 | + | 41.29 (b) Nothing in this section prohibits or limits the issuance of microbusiness licenses or | |
| 1339 | + | 41.30mezzobusiness licenses or the issuance of both lower-potency hemp edible manufacturer | |
| 1340 | + | 41.31and lower-potency hemp edible retailer licenses to the same person or entity. | |
| 1341 | + | 41Article 1 Sec. 17. | |
| 1342 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 42.1 (c) Nothing in this section prohibits or limits the two medical cannabis licensees licensed | |
| 1343 | + | 42.2as of January 1, 2023, from being vertically integrated through its existing cultivation, | |
| 1344 | + | 42.3processing, and dispensaries. | |
| 1345 | + | 42.4 Subd. 3.Application score; license priority.(a) The office shall award points to each | |
| 1346 | + | 42.5completed application for a license to operate a cannabis business in the following categories: | |
| 1347 | + | 42.6 (1) status as a social equity applicant or as an applicant who is substantially similar to | |
| 1348 | + | 42.7a social equity applicant as described in paragraph (c); | |
| 1349 | + | 42.8 (2) status as a veteran applicant; | |
| 1350 | + | 42.9 (3) security and record keeping; | |
| 1351 | + | 42.10 (4) employee training plan; | |
| 1352 | + | 42.11 (5) business plan and financial situation; | |
| 1353 | + | 42.12 (6) diversity plan; | |
| 1354 | + | 42.13 (7) labor and employment practices; | |
| 1355 | + | 42.14 (8) knowledge and experience; and | |
| 1356 | + | 42.15 (9) environmental plan. | |
| 1357 | + | 42.16 (b) The office may award additional points to an application if the license holder would | |
| 1358 | + | 42.17expand service to an underrepresented market including but not limited to participation in | |
| 1359 | + | 42.18the medical cannabis program. | |
| 1360 | + | 42.19 (c) The office shall establish application materials permitting individual applicants to | |
| 1361 | + | 42.20demonstrate the impact that cannabis prohibition has had on that applicant including but | |
| 1362 | + | 42.21not limited to the arrest or imprisonment of the applicant or a member of the applicant's | |
| 1363 | + | 42.22immediate family, and the office may award points to such applicants in the same manner | |
| 1364 | + | 42.23as points are awarded to social equity applicants. | |
| 1365 | + | 42.24 (d) The office shall establish policies and guidelines, which shall be made available to | |
| 1366 | + | 42.25the public, regarding the number of points available in each category and the basis for | |
| 1367 | + | 42.26awarding those points. Status as a social equity applicant must account for at least 20 percent | |
| 1368 | + | 42.27of the total available points. In determining the number of points to award to a cooperative | |
| 1369 | + | 42.28or business applying as a social equity applicant, the office shall consider the number or | |
| 1370 | + | 42.29ownership percentage of cooperative members, officers, directors, managers, and general | |
| 1371 | + | 42.30partners who qualify as social equity applicants. | |
| 1368 | 1372 | 42Article 1 Sec. 17. | |
| 1369 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 43.1 (b) The office may award additional points to an application if the license holder would | |
| 1370 | - | 43.2expand service to an underrepresented market including but not limited to participation in | |
| 1371 | - | 43.3the medical cannabis program. | |
| 1372 | - | 43.4 (c) The office shall establish application materials permitting individual applicants to | |
| 1373 | - | 43.5demonstrate the impact that cannabis prohibition has had on that applicant including but | |
| 1374 | - | 43.6not limited to the arrest or imprisonment of the applicant or a member of the applicant's | |
| 1375 | - | 43.7immediate family, and the office may award points to such applicants in the same manner | |
| 1376 | - | 43.8as points are awarded to social equity applicants. | |
| 1377 | - | 43.9 (d) The office shall establish policies and guidelines, which shall be made available to | |
| 1378 | - | 43.10the public, regarding the number of points available in each category and the basis for | |
| 1379 | - | 43.11awarding those points. Status as a social equity applicant must account for at least 20 percent | |
| 1380 | - | 43.12of the total available points. In determining the number of points to award to a cooperative | |
| 1381 | - | 43.13or business applying as a social equity applicant, the office shall consider the number or | |
| 1382 | - | 43.14ownership percentage of cooperative members, officers, directors, managers, and general | |
| 1383 | - | 43.15partners who qualify as social equity applicants. | |
| 1384 | - | 43.16 (e) Consistent with the goals identified in subdivision 1, the office shall issue licenses | |
| 1385 | - | 43.17in each license category, giving priority to applicants who receive the highest score under | |
| 1386 | - | 43.18paragraphs (a) and (b). If there are insufficient licenses available for entities that receive | |
| 1387 | - | 43.19identical scores, the office shall utilize a lottery to randomly select license recipients from | |
| 1388 | - | 43.20among those entities. | |
| 1389 | - | 43.21 Subd. 4.Local land use compatibility statement.(a) Prior to the issuance of a license, | |
| 1390 | - | 43.22the office shall request a land use compatibility statement from the city, town, or county | |
| 1391 | - | 43.23that authorizes the land use. The land use compatibility statement must demonstrate that | |
| 1392 | - | 43.24the requested license is for a land use that is allowable within the given zoning designation | |
| 1393 | - | 43.25where the land is located. The office may not issue a license if the land use compatibility | |
| 1394 | - | 43.26statement shows that the proposed land use is prohibited in the applicable zone or if the | |
| 1395 | - | 43.27applicant has failed to meet the land use requirements of the jurisdiction. | |
| 1396 | - | 43.28 (b) A city, town, or county that receives a request from the office for a land use | |
| 1397 | - | 43.29compatibility statement under this section must act on that request within 21 days of receipt | |
| 1398 | - | 43.30of the request if the land use is allowable and the applicant has applied for and received all | |
| 1399 | - | 43.31necessary land use approvals. | |
| 1400 | - | 43.32 (c) The office shall not issue a license to an applicant who has failed to receive a local | |
| 1401 | - | 43.33land use compatibility statement approval from a local unit of government or to an applicant | |
| 1402 | - | 43.34whose local approvals have been suspended or revoked. | |
| 1403 | - | 43Article 1 Sec. 17. | |
| 1404 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 44.1 Sec. 18. [342.17] INSPECTION; LICENSE VIOLATIONS; PENALTIES. | |
| 1405 | - | 44.2 Subdivision 1.Authority to inspect.(a) In order to carry out the purposes of this chapter, | |
| 1406 | - | 44.3the office, upon presenting appropriate credentials to the owner, operator, or agent in charge, | |
| 1407 | - | 44.4is authorized to: | |
| 1408 | - | 44.5 (1) enter any cannabis business or hemp business without delay and at reasonable times; | |
| 1409 | - | 44.6 (2) inspect and investigate during regular working hours and at other reasonable times, | |
| 1410 | - | 44.7within reasonable limits and in a reasonable manner, any cannabis business or hemp business | |
| 1411 | - | 44.8and all relevant conditions, equipment, records, and materials therein; and | |
| 1412 | - | 44.9 (3) question privately any employer, owner, operator, agent, or employee of a cannabis | |
| 1413 | - | 44.10business or hemp business. | |
| 1414 | - | 44.11 (b) An employer, owner, operator, agent, or employee must not refuse the office entry | |
| 1415 | - | 44.12or otherwise deter or prohibit the office from taking action under paragraph (a). | |
| 1416 | - | 44.13 Subd. 2.Powers of office.(a) In making inspections and investigations under this chapter, | |
| 1417 | - | 44.14the office shall have the power to administer oaths, certify as to official acts, take and cause | |
| 1418 | - | 44.15to be taken depositions of witnesses, issue subpoenas, and compel the attendance of witnesses | |
| 1419 | - | 44.16and production of papers, books, documents, records, and testimony. In case of failure of | |
| 1420 | - | 44.17any person to comply with any subpoena lawfully issued, or on the refusal of any witness | |
| 1421 | - | 44.18to produce evidence or to testify to any matter regarding which the person may be lawfully | |
| 1422 | - | 44.19interrogated, the district court shall, upon application of the office, compel obedience | |
| 1423 | - | 44.20proceedings for contempt, as in the case of disobedience of the requirements of a subpoena | |
| 1424 | - | 44.21issued by the court or a refusal to testify therein. | |
| 1425 | - | 44.22 (b) If the office finds probable cause to believe that any cannabis plant, cannabis flower, | |
| 1426 | - | 44.23cannabis product, synthetically derived cannabinoid, lower-potency hemp edible, or | |
| 1427 | - | 44.24hemp-derived consumer product is being distributed in violation of this chapter or rules | |
| 1428 | - | 44.25adopted under this chapter, the office shall affix to the item a tag, withdrawal from | |
| 1429 | - | 44.26distribution order, or other appropriate marking providing notice that the cannabis plant, | |
| 1430 | - | 44.27cannabis flower, cannabis product, synthetically derived cannabinoid, lower-potency hemp | |
| 1431 | - | 44.28edible, or hemp-derived consumer product is, or is suspected of being, distributed in violation | |
| 1432 | - | 44.29of this chapter and has been detained or embargoed, and warning all persons not to remove | |
| 1433 | - | 44.30or dispose of the item by sale or otherwise until permission for removal or disposal is given | |
| 1434 | - | 44.31by the office or the court. It is unlawful for a person to remove or dispose of detained or | |
| 1435 | - | 44.32embargoed cannabis plant, cannabis flower, cannabis product, synthetically derived | |
| 1436 | - | 44.33cannabinoid, lower-potency hemp edible, or hemp-derived consumer product by sale or | |
| 1373 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 43.1 (e) Consistent with the goals identified in subdivision 1, the office shall issue licenses | |
| 1374 | + | 43.2in each license category, giving priority to applicants who receive the highest score under | |
| 1375 | + | 43.3paragraphs (a) and (b). If there are insufficient licenses available for entities that receive | |
| 1376 | + | 43.4identical scores, the office shall utilize a lottery to randomly select license recipients from | |
| 1377 | + | 43.5among those entities. | |
| 1378 | + | 43.6 Subd. 4.Local land use compatibility statement.(a) Prior to the issuance of a license, | |
| 1379 | + | 43.7the office shall request a land use compatibility statement from the city, town, or county | |
| 1380 | + | 43.8that authorizes the land use. The land use compatibility statement must demonstrate that | |
| 1381 | + | 43.9the requested license is for a land use that is allowable within the given zoning designation | |
| 1382 | + | 43.10where the land is located. The office may not issue a license if the land use compatibility | |
| 1383 | + | 43.11statement shows that the proposed land use is prohibited in the applicable zone or if the | |
| 1384 | + | 43.12applicant has failed to meet the land use requirements of the jurisdiction. | |
| 1385 | + | 43.13 (b) A city, town, or county that receives a request from the office for a land use | |
| 1386 | + | 43.14compatibility statement under this section must act on that request within 21 days of receipt | |
| 1387 | + | 43.15of the request if the land use is allowable and the applicant has applied for and received all | |
| 1388 | + | 43.16necessary land use approvals. | |
| 1389 | + | 43.17 (c) The office shall not issue a license to an applicant who has failed to receive a local | |
| 1390 | + | 43.18land use compatibility statement approval from a local unit of government or to an applicant | |
| 1391 | + | 43.19whose local approvals have been suspended or revoked. | |
| 1392 | + | 43.20Sec. 18. [342.17] INSPECTION; LICENSE VIOLATIONS; PENALTIES. | |
| 1393 | + | 43.21 Subdivision 1.Authority to inspect.(a) In order to carry out the purposes of this chapter, | |
| 1394 | + | 43.22the office, upon presenting appropriate credentials to the owner, operator, or agent in charge, | |
| 1395 | + | 43.23is authorized to: | |
| 1396 | + | 43.24 (1) enter any cannabis business or hemp business without delay and at reasonable times; | |
| 1397 | + | 43.25 (2) inspect and investigate during regular working hours and at other reasonable times, | |
| 1398 | + | 43.26within reasonable limits and in a reasonable manner, any cannabis business or hemp business | |
| 1399 | + | 43.27and all relevant conditions, equipment, records, and materials therein; and | |
| 1400 | + | 43.28 (3) question privately any employer, owner, operator, agent, or employee of a cannabis | |
| 1401 | + | 43.29business or hemp business. | |
| 1402 | + | 43.30 (b) An employer, owner, operator, agent, or employee must not refuse the office entry | |
| 1403 | + | 43.31or otherwise deter or prohibit the office from taking action under paragraph (a). | |
| 1404 | + | 43Article 1 Sec. 18. | |
| 1405 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 44.1 Subd. 2.Powers of office.(a) In making inspections and investigations under this chapter, | |
| 1406 | + | 44.2the office shall have the power to administer oaths, certify as to official acts, take and cause | |
| 1407 | + | 44.3to be taken depositions of witnesses, issue subpoenas, and compel the attendance of witnesses | |
| 1408 | + | 44.4and production of papers, books, documents, records, and testimony. In case of failure of | |
| 1409 | + | 44.5any person to comply with any subpoena lawfully issued, or on the refusal of any witness | |
| 1410 | + | 44.6to produce evidence or to testify to any matter regarding which the person may be lawfully | |
| 1411 | + | 44.7interrogated, the district court shall, upon application of the office, compel obedience | |
| 1412 | + | 44.8proceedings for contempt, as in the case of disobedience of the requirements of a subpoena | |
| 1413 | + | 44.9issued by the court or a refusal to testify therein. | |
| 1414 | + | 44.10 (b) If the office finds probable cause to believe that any cannabis plant, cannabis flower, | |
| 1415 | + | 44.11cannabis product, synthetically derived cannabinoid, lower-potency hemp edible, or | |
| 1416 | + | 44.12hemp-derived consumer product is being distributed in violation of this chapter or rules | |
| 1417 | + | 44.13adopted under this chapter, the office shall affix to the item a tag, withdrawal from | |
| 1418 | + | 44.14distribution order, or other appropriate marking providing notice that the cannabis plant, | |
| 1419 | + | 44.15cannabis flower, cannabis product, synthetically derived cannabinoid, lower-potency hemp | |
| 1420 | + | 44.16edible, hemp-derived consumer product, or cannabinoid product is, or is suspected of being, | |
| 1421 | + | 44.17distributed in violation of this chapter and has been detained or embargoed, and warning | |
| 1422 | + | 44.18all persons not to remove or dispose of the item by sale or otherwise until permission for | |
| 1423 | + | 44.19removal or disposal is given by the office or the court. It is unlawful for a person to remove | |
| 1424 | + | 44.20or dispose of detained or embargoed cannabis plant, cannabis flower, cannabis product, | |
| 1425 | + | 44.21synthetically derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer | |
| 1426 | + | 44.22product by sale or otherwise without the office's or a court's permission and each transaction | |
| 1427 | + | 44.23is a separate violation of this section. | |
| 1428 | + | 44.24 (c) Notwithstanding subdivision 5, if any cannabis plant, cannabis flower, cannabis | |
| 1429 | + | 44.25product, synthetically derived cannabinoid, lower-potency hemp edible, or hemp-derived | |
| 1430 | + | 44.26consumer product has been found by the office to be in violation of this chapter, the office | |
| 1431 | + | 44.27shall petition the district court in the county in which the item is detained or embargoed for | |
| 1432 | + | 44.28an order and decree for the condemnation of the item. The office shall release the cannabis | |
| 1433 | + | 44.29plant, cannabis flower, cannabis product, synthetically derived cannabinoid, lower-potency | |
| 1434 | + | 44.30hemp edible, or hemp-derived consumer product when this chapter and rules adopted under | |
| 1435 | + | 44.31this chapter have been complied with or the item is found not to be in violation of this | |
| 1436 | + | 44.32chapter or rules adopted under this chapter. | |
| 1437 | + | 44.33 (d) If the court finds that detained or embargoed cannabis plant, cannabis flower, | |
| 1438 | + | 44.34synthetically derived cannabinoid, or cannabinoid product is in violation of this chapter or | |
| 1439 | + | 44.35rules adopted under this chapter, the following remedies are available: | |
| 1437 | 1440 | 44Article 1 Sec. 18. | |
| 1438 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 45.1otherwise without the office's or a court's permission and each transaction is a separate | |
| 1439 | - | 45.2violation of this section. | |
| 1440 | - | 45.3 (c) Notwithstanding subdivision 5, if any cannabis plant, cannabis flower, cannabis | |
| 1441 | - | 45.4product, synthetically derived cannabinoid, lower-potency hemp edible, or hemp-derived | |
| 1442 | - | 45.5consumer product has been found by the office to be in violation of this chapter, the office | |
| 1443 | - | 45.6shall petition the district court in the county in which the item is detained or embargoed for | |
| 1444 | - | 45.7an order and decree for the condemnation of the item. The office shall release the cannabis | |
| 1445 | - | 45.8plant, cannabis flower, cannabis product, synthetically derived cannabinoid, lower-potency | |
| 1446 | - | 45.9hemp edible, or hemp-derived consumer product when this chapter and rules adopted under | |
| 1447 | - | 45.10this chapter have been complied with or the item is found not to be in violation of this | |
| 1448 | - | 45.11chapter or rules adopted under this chapter. | |
| 1449 | - | 45.12 (d) If the court finds that detained or embargoed cannabis plant, cannabis flower, | |
| 1450 | - | 45.13synthetically derived cannabinoid, cannabis product, lower-potency hemp edible, or | |
| 1451 | - | 45.14hemp-derived consumer product is in violation of this chapter or rules adopted under this | |
| 1452 | - | 45.15chapter, the following remedies are available: | |
| 1453 | - | 45.16 (1) after entering a decree, the cannabis plant, cannabis flower, cannabis product, | |
| 1454 | - | 45.17synthetically derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer | |
| 1455 | - | 45.18product may be destroyed at the expense of the claimant under the supervision of the office, | |
| 1456 | - | 45.19and all court costs, fees, storage, and other proper expenses must be assessed against the | |
| 1457 | - | 45.20claimant of the cannabis plant, cannabis flower, cannabis product, synthetically derived | |
| 1458 | - | 45.21cannabinoid, lower-potency hemp edible, or hemp-derived consumer product or the claimant's | |
| 1459 | - | 45.22agent; and | |
| 1460 | - | 45.23 (2) if the violation can be corrected by proper labeling or processing of the cannabis | |
| 1461 | - | 45.24plant, cannabis flower, cannabis product, synthetically derived cannabinoid, lower-potency | |
| 1462 | - | 45.25hemp edible, or hemp-derived consumer product, the court, after entry of the decree and | |
| 1463 | - | 45.26after costs, fees, and expenses have been paid, and a good and sufficient bond conditioned | |
| 1464 | - | 45.27that the cannabis plant, cannabis flower, synthetically derived cannabinoid, lower-potency | |
| 1465 | - | 45.28hemp edible, or hemp-derived consumer product must be properly labeled or processed has | |
| 1466 | - | 45.29been executed, may by order direct that the cannabis plant, cannabis flower, cannabis product, | |
| 1467 | - | 45.30synthetically derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer | |
| 1468 | - | 45.31product be delivered to the claimant for proper labeling or processing under the supervision | |
| 1469 | - | 45.32of the office. The office's supervision expenses must be paid by the claimant. The cannabis | |
| 1470 | - | 45.33plant, cannabis flower, cannabis product, synthetically derived cannabinoid, lower-potency | |
| 1471 | - | 45.34hemp edible, or hemp-derived consumer product must be returned to the claimant and the | |
| 1472 | - | 45.35bond must be discharged on representation to the court by the office that the cannabis plant, | |
| 1441 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 45.1 (1) after entering a decree, the cannabis plant, cannabis flower, cannabis product, | |
| 1442 | + | 45.2synthetically derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer | |
| 1443 | + | 45.3product may be destroyed at the expense of the claimant under the supervision of the office, | |
| 1444 | + | 45.4and all court costs, fees, storage, and other proper expenses must be assessed against the | |
| 1445 | + | 45.5claimant of the cannabis plant, cannabis flower, cannabis product, synthetically derived | |
| 1446 | + | 45.6cannabinoid, lower-potency hemp edible, or hemp-derived consumer product or the claimant's | |
| 1447 | + | 45.7agent; and | |
| 1448 | + | 45.8 (2) if the violation can be corrected by proper labeling or processing of the cannabis | |
| 1449 | + | 45.9plant, cannabis flower, cannabis product, synthetically derived cannabinoid, lower-potency | |
| 1450 | + | 45.10hemp edible, or hemp-derived consumer product, the court, after entry of the decree and | |
| 1451 | + | 45.11after costs, fees, and expenses have been paid, and a good and sufficient bond conditioned | |
| 1452 | + | 45.12that the cannabis plant, cannabis flower, synthetically derived cannabinoid, or cannabinoid | |
| 1453 | + | 45.13product must be properly labeled or processed has been executed, may by order direct that | |
| 1454 | + | 45.14the cannabis plant, cannabis flower, cannabis product, synthetically derived cannabinoid, | |
| 1455 | + | 45.15lower-potency hemp edible, or hemp-derived consumer product be delivered to the claimant | |
| 1456 | + | 45.16for proper labeling or processing under the supervision of the office. The office's supervision | |
| 1457 | + | 45.17expenses must be paid by the claimant. The cannabis plant, cannabis flower, cannabis | |
| 1458 | + | 45.18product, synthetically derived cannabinoid, lower-potency hemp edible, or hemp-derived | |
| 1459 | + | 45.19consumer product must be returned to the claimant and the bond must be discharged on | |
| 1460 | + | 45.20representation to the court by the office that the cannabis plant, cannabis flower, cannabis | |
| 1461 | + | 45.21product, synthetically derived cannabinoid, lower-potency hemp edible, or hemp-derived | |
| 1462 | + | 45.22consumer product is no longer in violation and that the office's supervision expenses have | |
| 1463 | + | 45.23been paid. | |
| 1464 | + | 45.24 (e) If the office finds in any room, building, piece of equipment, vehicle of transportation, | |
| 1465 | + | 45.25or other structure any cannabis plant, cannabis flower, cannabis product, synthetically | |
| 1466 | + | 45.26derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product that | |
| 1467 | + | 45.27is unsound or contains any filthy, decomposed, or putrid substance, or that may be poisonous | |
| 1468 | + | 45.28or deleterious to health or otherwise unsafe, the office shall condemn or destroy the item | |
| 1469 | + | 45.29or in any other manner render the item as unsalable, and no one has any cause of action | |
| 1470 | + | 45.30against the office on account of the office's action. | |
| 1471 | + | 45.31 (f) The office may enter into an agreement with the commissioner of agriculture to | |
| 1472 | + | 45.32analyze and examine samples or other articles furnished by the office for the purpose of | |
| 1473 | + | 45.33determining whether the sample or article violates this chapter or rules adopted under this | |
| 1474 | + | 45.34chapter. A copy of the examination or analysis report for any such article, duly authenticated | |
| 1473 | 1475 | 45Article 1 Sec. 18. | |
| 1474 | - | S0073- | |
| 1475 | - | 46. | |
| 1476 | - | 46. | |
| 1477 | - | 46. | |
| 1478 | - | 46. | |
| 1479 | - | 46. | |
| 1480 | - | 46. | |
| 1481 | - | 46. | |
| 1482 | - | 46. | |
| 1483 | - | 46. | |
| 1484 | - | 46. | |
| 1485 | - | 46. | |
| 1486 | - | 46. | |
| 1487 | - | 46. | |
| 1488 | - | 46. | |
| 1489 | - | 46. | |
| 1490 | - | 46.17 | |
| 1491 | - | 46. | |
| 1492 | - | 46. | |
| 1493 | - | 46. | |
| 1494 | - | 46. | |
| 1495 | - | 46. | |
| 1496 | - | 46. | |
| 1497 | - | 46. | |
| 1498 | - | 46. | |
| 1499 | - | 46. | |
| 1500 | - | 46. | |
| 1501 | - | 46. | |
| 1502 | - | 46. | |
| 1503 | - | 46. | |
| 1504 | - | 46. | |
| 1505 | - | 46. | |
| 1476 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 46.1under oath by the laboratory analyst making the determination or examination, shall be | |
| 1477 | + | 46.2prima facie evidence in all courts of the matters and facts contained in the report. | |
| 1478 | + | 46.3 Subd. 3.Aiding of inspection.Subject to rules issued by the office, a representative of | |
| 1479 | + | 46.4a cannabis business or hemp business shall be given an opportunity to accompany the office | |
| 1480 | + | 46.5during the physical inspection of any cannabis business for the purpose of aiding such | |
| 1481 | + | 46.6inspection. | |
| 1482 | + | 46.7 Subd. 4.Complaints and reports; priority of inspection.(a) The office may conduct | |
| 1483 | + | 46.8inspections of any licensed cannabis business or hemp business at any time to ensure | |
| 1484 | + | 46.9compliance with the ownership and operation requirements of this chapter. | |
| 1485 | + | 46.10 (b) Any person may report a suspected violation of a safety or health standard. If upon | |
| 1486 | + | 46.11receipt of such notification the office determines that there are reasonable grounds to believe | |
| 1487 | + | 46.12that such violation or danger exists, the office shall make a special inspection as soon as | |
| 1488 | + | 46.13practicable to determine if such danger or violation exists. | |
| 1489 | + | 46.14 (c) The office shall prioritize inspections of cannabis businesses or hemp businesses | |
| 1490 | + | 46.15where there are reasonable grounds to believe that a violation poses imminent danger to the | |
| 1491 | + | 46.16public or customers. | |
| 1492 | + | 46.17 (d) The office shall promptly inspect cannabis businesses or hemp businesses that are | |
| 1493 | + | 46.18the subject of complaint by a local unit of government. | |
| 1494 | + | 46.19 Subd. 5.Violations; administrative orders and penalties.(a) The office may issue an | |
| 1495 | + | 46.20administrative order to any licensed cannabis business or hemp business that the office | |
| 1496 | + | 46.21determines has committed a violation of this chapter or rules adopted pursuant to this chapter. | |
| 1497 | + | 46.22The administrative order may require the business to correct the violation or to cease and | |
| 1498 | + | 46.23desist from committing the violation. The order must state the deficiencies that constitute | |
| 1499 | + | 46.24the violation and the time by which the violation must be corrected. If the business believes | |
| 1500 | + | 46.25that the information in the administrative order is in error, the business may ask the office | |
| 1501 | + | 46.26to consider the parts of the order that are alleged to be in error. The request must be in | |
| 1502 | + | 46.27writing, delivered to the office by certified mail within seven days after receipt of the order, | |
| 1503 | + | 46.28and provide documentation to support the allegation of error. The office must respond to a | |
| 1504 | + | 46.29request for reconsideration within 15 days after receiving the request. A request for | |
| 1505 | + | 46.30reconsideration does not stay the correction order unless the office issues a supplemental | |
| 1506 | + | 46.31order granting additional time. The office's disposition of a request for reconsideration is | |
| 1507 | + | 46.32final. | |
| 1506 | 1508 | 46Article 1 Sec. 18. | |
| 1507 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 47.1 Subd. 5.Violations; administrative orders and penalties.(a) The office may issue an | |
| 1508 | - | 47.2administrative order to any licensed cannabis business or hemp business that the office | |
| 1509 | - | 47.3determines has committed a violation of this chapter or rules adopted pursuant to this chapter. | |
| 1510 | - | 47.4The administrative order may require the business to correct the violation or to cease and | |
| 1511 | - | 47.5desist from committing the violation. The order must state the deficiencies that constitute | |
| 1512 | - | 47.6the violation and the time by which the violation must be corrected. If the business believes | |
| 1513 | - | 47.7that the information in the administrative order is in error, the business may ask the office | |
| 1514 | - | 47.8to consider the parts of the order that are alleged to be in error. The request must be in | |
| 1515 | - | 47.9writing, delivered to the office by certified mail within seven days after receipt of the order, | |
| 1516 | - | 47.10and provide documentation to support the allegation of error. The office must respond to a | |
| 1517 | - | 47.11request for reconsideration within 15 days after receiving the request. A request for | |
| 1518 | - | 47.12reconsideration does not stay the correction order unless the office issues a supplemental | |
| 1519 | - | 47.13order granting additional time. The office's disposition of a request for reconsideration is | |
| 1520 | - | 47.14final. | |
| 1521 | - | 47.15 (b) For each violation of this chapter or rules adopted pursuant to this chapter, the office | |
| 1522 | - | 47.16may issue to each business a monetary penalty of up to $10,000, an amount that deprives | |
| 1523 | - | 47.17the business of any economic advantage gained by the violation, or both. | |
| 1524 | - | 47.18 (c) An administrative penalty may be recovered in a civil action in the name of the state | |
| 1525 | - | 47.19brought in the district court of the county where the violation is alleged to have occurred | |
| 1526 | - | 47.20or the district court where the office is housed. | |
| 1527 | - | 47.21 (d) In addition to penalties listed in this subdivision, a person or business who violates | |
| 1528 | - | 47.22the provisions of this chapter is subject to any applicable criminal penalty. | |
| 1529 | - | 47.23Sec. 19. [342.18] LICENSE SUSPENSION OR REVOCATION; HEARING. | |
| 1530 | - | 47.24 Subdivision 1.License revocation and nonrenewal.The office may revoke or not | |
| 1531 | - | 47.25renew a license when the office has cause to believe that a cannabis business has violated | |
| 1532 | - | 47.26an ownership or operational requirement in this chapter or rules adopted pursuant to this | |
| 1533 | - | 47.27chapter. The office must notify the license holder in writing, specifying the grounds for | |
| 1534 | - | 47.28revocation or nonrenewal and fixing a time of at least 20 days thereafter for a hearing on | |
| 1535 | - | 47.29the matter. | |
| 1536 | - | 47.30 Subd. 2.Hearing; written findings.(a) Before the office revokes or does not renew a | |
| 1537 | - | 47.31license, the office must provide the license holder with a statement of the complaints made | |
| 1538 | - | 47.32against the license holder, and the office must hold a hearing to determine whether the office | |
| 1539 | - | 47.33should revoke the license or deny renewal of the license. The license holder shall receive | |
| 1540 | - | 47.34notice at least 20 days before the date of the hearing and notice may be served either by | |
| 1509 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 47.1 (b) For each violation of this chapter or rules adopted pursuant to this chapter, the office | |
| 1510 | + | 47.2may issue to each business a monetary penalty of up to $10,000, an amount that deprives | |
| 1511 | + | 47.3the business of any economic advantage gained by the violation, or both. | |
| 1512 | + | 47.4 (c) An administrative penalty may be recovered in a civil action in the name of the state | |
| 1513 | + | 47.5brought in the district court of the county where the violation is alleged to have occurred | |
| 1514 | + | 47.6or the district court where the office is housed. | |
| 1515 | + | 47.7 (d) In addition to penalties listed in this subdivision, a person or business who violates | |
| 1516 | + | 47.8the provisions of this chapter is subject to any applicable criminal penalty. | |
| 1517 | + | 47.9 Sec. 19. [342.18] LICENSE SUSPENSION OR REVOCATION; HEARING. | |
| 1518 | + | 47.10 Subdivision 1.License revocation and nonrenewal.The office may revoke or not | |
| 1519 | + | 47.11renew a license when the office has cause to believe that a cannabis business has violated | |
| 1520 | + | 47.12an ownership or operational requirement in this chapter or rules adopted pursuant to this | |
| 1521 | + | 47.13chapter. The office must notify the license holder in writing, specifying the grounds for | |
| 1522 | + | 47.14revocation or nonrenewal and fixing a time of at least 20 days thereafter for a hearing on | |
| 1523 | + | 47.15the matter. | |
| 1524 | + | 47.16 Subd. 2.Hearing; written findings.(a) Before the office revokes or does not renew a | |
| 1525 | + | 47.17license, the office must provide the license holder with a statement of the complaints made | |
| 1526 | + | 47.18against the license holder, and the office must hold a hearing to determine whether the office | |
| 1527 | + | 47.19should revoke the license or deny renewal of the license. The license holder shall receive | |
| 1528 | + | 47.20notice at least 20 days before the date of the hearing and notice may be served either by | |
| 1529 | + | 47.21certified mail addressed to the address of the license holder as shown in the license | |
| 1530 | + | 47.22application or in the manner provided by law for the service of a summons. At the time and | |
| 1531 | + | 47.23place fixed for the hearing, the office, or any office employee or agent authorized by the | |
| 1532 | + | 47.24office to conduct the hearing, shall receive evidence, administer oaths, and examine witnesses. | |
| 1533 | + | 47.25 (b) After the hearing held pursuant to paragraph (a), or upon the failure of the license | |
| 1534 | + | 47.26holder to appear at the hearing, the office must take action as is deemed advisable and issue | |
| 1535 | + | 47.27written findings that the office must mail to the license holder. An action of the office under | |
| 1536 | + | 47.28this paragraph is subject to judicial review pursuant to chapter 14. | |
| 1537 | + | 47.29 Subd. 3.Temporary suspension.The office may temporarily, without hearing, suspend | |
| 1538 | + | 47.30the license and operating privilege of any business licensed under this chapter for up to 90 | |
| 1539 | + | 47.31days if continuing the operation of the business would threaten the health or safety of any | |
| 1540 | + | 47.32person. The office may extend the period for an additional 90 days if the office notified the | |
| 1541 | 1541 | 47Article 1 Sec. 19. | |
| 1542 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 48.1certified mail addressed to the address of the license holder as shown in the license | |
| 1543 | - | 48.2application or in the manner provided by law for the service of a summons. At the time and | |
| 1544 | - | 48.3place fixed for the hearing, the office, or any office employee or agent authorized by the | |
| 1545 | - | 48.4office to conduct the hearing, shall receive evidence, administer oaths, and examine witnesses. | |
| 1546 | - | 48.5 (b) After the hearing held pursuant to paragraph (a), or upon the failure of the license | |
| 1547 | - | 48.6holder to appear at the hearing, the office must take action as is deemed advisable and issue | |
| 1548 | - | 48.7written findings that the office must mail to the license holder. An action of the office under | |
| 1549 | - | 48.8this paragraph is subject to judicial review pursuant to chapter 14. | |
| 1550 | - | 48.9 Subd. 3.Temporary suspension.The office may temporarily, without hearing, suspend | |
| 1551 | - | 48.10the license and operating privilege of any business licensed under this chapter for up to 90 | |
| 1552 | - | 48.11days if continuing the operation of the business would threaten the health or safety of any | |
| 1553 | - | 48.12person. The office may extend the period for an additional 90 days if the office notified the | |
| 1554 | - | 48.13business that the office intends to revoke or not renew a license and the hearing required | |
| 1555 | - | 48.14under subdivision 2 has not taken place. | |
| 1556 | - | 48.15Sec. 20. [342.185] DATA PRACTICES; APPLICANTS; LICENSE HOLDERS. | |
| 1557 | - | 48.16 Subdivision 1.Not public data.The following data collected, created, or maintained | |
| 1558 | - | 48.17by the office are classified as nonpublic data, as defined by section 13.02, subdivision 9, or | |
| 1559 | - | 48.18as private data on individuals, as defined by section 13.02, subdivision 12: | |
| 1560 | - | 48.19 (1) application data submitted by an applicant for a cannabis business license, other than | |
| 1561 | - | 48.20the data listed in subdivision 2; | |
| 1562 | - | 48.21 (2) the identity of a complainant who has made a report concerning a license holder or | |
| 1563 | - | 48.22applicant that appears in inactive complaint data unless the complainant consents to the | |
| 1564 | - | 48.23disclosure; | |
| 1565 | - | 48.24 (3) the nature or content of unsubstantiated complaints when the information is not | |
| 1566 | - | 48.25maintained in anticipation of legal action; | |
| 1567 | - | 48.26 (4) the record of any disciplinary proceeding except as limited by subdivision 4; | |
| 1568 | - | 48.27 (5) data identifying retail or wholesale customers of a cannabis business; and | |
| 1569 | - | 48.28 (6) data identifying cannabis workers. | |
| 1570 | - | 48.29 Subd. 2.Public data on license applicants.(a) The following application data submitted | |
| 1571 | - | 48.30by an applicant for a cannabis business license are public data: | |
| 1572 | - | 48.31 (1) the applicant's name and designated address; | |
| 1542 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 48.1business that the office intends to revoke or not renew a license and the hearing required | |
| 1543 | + | 48.2under subdivision 2 has not taken place. | |
| 1544 | + | 48.3 Sec. 20. [342.185] DATA PRACTICES; APPLICANTS; LICENSE HOLDERS. | |
| 1545 | + | 48.4 Subdivision 1.Not public data.The following data collected, created, or maintained | |
| 1546 | + | 48.5by the office are classified as nonpublic data, as defined by section 13.02, subdivision 9, or | |
| 1547 | + | 48.6as private data on individuals, as defined by section 13.02, subdivision 12: | |
| 1548 | + | 48.7 (1) application data submitted by an applicant for a cannabis business license, other than | |
| 1549 | + | 48.8the data listed in subdivision 2; | |
| 1550 | + | 48.9 (2) the identity of a complainant who has made a report concerning a license holder or | |
| 1551 | + | 48.10applicant that appears in inactive complaint data unless the complainant consents to the | |
| 1552 | + | 48.11disclosure; | |
| 1553 | + | 48.12 (3) the nature or content of unsubstantiated complaints when the information is not | |
| 1554 | + | 48.13maintained in anticipation of legal action; | |
| 1555 | + | 48.14 (4) the record of any disciplinary proceeding except as limited by subdivision 4; | |
| 1556 | + | 48.15 (5) data identifying retail or wholesale customers of a cannabis business; and | |
| 1557 | + | 48.16 (6) data identifying cannabis workers. | |
| 1558 | + | 48.17 Subd. 2.Public data on license applicants.(a) The following application data submitted | |
| 1559 | + | 48.18by an applicant for a cannabis business license are public data: | |
| 1560 | + | 48.19 (1) the applicant's name and designated address; | |
| 1561 | + | 48.20 (2) data disclosing the ownership and control of the applicant; | |
| 1562 | + | 48.21 (3) proof of trade name registration; | |
| 1563 | + | 48.22 (4) data showing the legal possession of the premises where the business will operate; | |
| 1564 | + | 48.23 (5) data describing whether volatile chemicals will be used in any methods of extraction | |
| 1565 | + | 48.24or concentration; | |
| 1566 | + | 48.25 (6) environmental plans; | |
| 1567 | + | 48.26 (7) the type and number of other cannabis business licenses held by the applicant; and | |
| 1568 | + | 48.27 (8) the name, address, location, dates, and hours of where any proposed cannabis event | |
| 1569 | + | 48.28will take place. | |
| 1570 | + | 48.29 (b) Scoring and other data generated by the office in its review of an applicant for a | |
| 1571 | + | 48.30cannabis business license are public data. | |
| 1573 | 1572 | 48Article 1 Sec. 20. | |
| 1574 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 49.1 (2) data disclosing the ownership and control of the applicant; | |
| 1575 | - | 49.2 (3) proof of trade name registration; | |
| 1576 | - | 49.3 (4) data showing the legal possession of the premises where the business will operate; | |
| 1577 | - | 49.4 (5) data describing whether volatile chemicals will be used in any methods of extraction | |
| 1578 | - | 49.5or concentration; | |
| 1579 | - | 49.6 (6) environmental plans; | |
| 1580 | - | 49.7 (7) the type and number of other cannabis business licenses held by the applicant; and | |
| 1581 | - | 49.8 (8) the name, address, location, dates, and hours of where any proposed cannabis event | |
| 1582 | - | 49.9will take place. | |
| 1583 | - | 49.10 (b) Scoring and other data generated by the office in its review of an applicant for a | |
| 1584 | - | 49.11cannabis business license are public data. | |
| 1585 | - | 49.12 Subd. 3.Public application data on license holders.Once an applicant for a cannabis | |
| 1586 | - | 49.13business license becomes a license holder, all of the application data that the license holder | |
| 1587 | - | 49.14had previously submitted to the office are public data except that the following data remain | |
| 1588 | - | 49.15classified as nonpublic data or private data on individuals: | |
| 1589 | - | 49.16 (1) data identifying retail or wholesale customers of a cannabis business; | |
| 1590 | - | 49.17 (2) data identifying cannabis workers; | |
| 1591 | - | 49.18 (3) tax returns, bank account statements, and other financial account information; | |
| 1592 | - | 49.19 (4) business plans; and | |
| 1593 | - | 49.20 (5) security information and trade secret information, as defined by section 13.37. | |
| 1594 | - | 49.21 Subd. 4.Public disciplinary data.Minutes, orders for hearings, findings of fact, | |
| 1595 | - | 49.22conclusions of law, and specification of the final disciplinary action contained in the record | |
| 1596 | - | 49.23of the disciplinary action are classified as public data. If there is a public hearing concerning | |
| 1597 | - | 49.24the disciplinary action, the entire record concerning the disciplinary action is public data. | |
| 1598 | - | 49.25If the license holder and the office agree to resolve a complaint without a hearing, the | |
| 1599 | - | 49.26agreement and the specific reasons for the agreement are public data. | |
| 1600 | - | 49.27 Subd. 5.Data practices administration.(a) The office must establish written procedures | |
| 1601 | - | 49.28to ensure that only individuals authorized by law may enter, update, or access data maintained | |
| 1602 | - | 49.29by the office and classified as nonpublic or private data on individuals. An authorized | |
| 1603 | - | 49.30individual's ability to enter, update, or access not public data must correspond to the official | |
| 1604 | - | 49.31duties or training level of the individual and to the statutory authorization granting access | |
| 1573 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 49.1 Subd. 3.Public application data on license holders.Once an applicant for a cannabis | |
| 1574 | + | 49.2business license becomes a license holder, all of the application data that the license holder | |
| 1575 | + | 49.3had previously submitted to the office are public data except that the following data remain | |
| 1576 | + | 49.4classified as nonpublic data or private data on individuals: | |
| 1577 | + | 49.5 (1) data identifying retail or wholesale customers of a cannabis business; | |
| 1578 | + | 49.6 (2) data identifying cannabis workers; | |
| 1579 | + | 49.7 (3) tax returns, bank account statements, and other financial account information; | |
| 1580 | + | 49.8 (4) business plans; and | |
| 1581 | + | 49.9 (5) security information and trade secret information, as defined by section 13.37. | |
| 1582 | + | 49.10 Subd. 4.Public disciplinary data.Minutes, orders for hearings, findings of fact, | |
| 1583 | + | 49.11conclusions of law, and specification of the final disciplinary action contained in the record | |
| 1584 | + | 49.12of the disciplinary action are classified as public data. If there is a public hearing concerning | |
| 1585 | + | 49.13the disciplinary action, the entire record concerning the disciplinary action is public data. | |
| 1586 | + | 49.14If the license holder and the office agree to resolve a complaint without a hearing, the | |
| 1587 | + | 49.15agreement and the specific reasons for the agreement are public data. | |
| 1588 | + | 49.16 Subd. 5.Data practices administration.(a) The office must establish written procedures | |
| 1589 | + | 49.17to ensure that only individuals authorized by law may enter, update, or access data maintained | |
| 1590 | + | 49.18by the office and classified as nonpublic or private data on individuals. An authorized | |
| 1591 | + | 49.19individual's ability to enter, update, or access not public data must correspond to the official | |
| 1592 | + | 49.20duties or training level of the individual and to the statutory authorization granting access | |
| 1593 | + | 49.21for that purpose. All queries and responses, and all actions in which not public data are | |
| 1594 | + | 49.22entered, updated, accessed, shared, or disseminated, must be recorded in a data audit trail. | |
| 1595 | + | 49.23Data contained in the audit trail have the same classification as the underlying data tracked | |
| 1596 | + | 49.24by the audit trail. | |
| 1597 | + | 49.25 (b) The office must not share data classified as nonpublic or private data on individuals | |
| 1598 | + | 49.26under this section or other data identifying an individual applicant or license holder with | |
| 1599 | + | 49.27any federal agency, federal department, or federal entity unless specifically ordered to do | |
| 1600 | + | 49.28so by a state or federal court. | |
| 1601 | + | 49.29 (c) The office must arrange for an independent audit to verify compliance with this | |
| 1602 | + | 49.30section. The audit must be completed annually for the first two years following establishment | |
| 1603 | + | 49.31of the office and biennially thereafter. The results of the audit are public. No later than 30 | |
| 1604 | + | 49.32days following completion of the audit, the office must provide a report summarizing the | |
| 1605 | + | 49.33audit results to the chairs and ranking minority members of the committees of the house of | |
| 1605 | 1606 | 49Article 1 Sec. 20. | |
| 1606 | - | S0073- | |
| 1607 | - | 50. | |
| 1608 | - | 50. | |
| 1609 | - | 50. | |
| 1610 | - | 50. | |
| 1611 | - | 50. | |
| 1612 | - | 50. | |
| 1613 | - | 50. | |
| 1614 | - | 50. | |
| 1615 | - | 50. | |
| 1616 | - | 50. | |
| 1617 | - | 50. | |
| 1618 | - | 50. | |
| 1619 | - | 50. | |
| 1620 | - | 50. | |
| 1621 | - | 50. | |
| 1622 | - | 50. | |
| 1623 | - | 50. | |
| 1624 | - | 50. | |
| 1625 | - | 50. | |
| 1626 | - | 50. | |
| 1627 | - | 50. | |
| 1628 | - | 50.23of | |
| 1629 | - | 50. | |
| 1630 | - | 50. | |
| 1631 | - | 50. | |
| 1632 | - | 50. | |
| 1633 | - | 50. | |
| 1634 | - | 50. | |
| 1635 | - | 50. | |
| 1636 | - | 50. | |
| 1637 | - | 50. | |
| 1638 | - | 50. | |
| 1639 | - | 50. | |
| 1607 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 50.1representatives and the senate with jurisdiction over commerce and data practices, and the | |
| 1608 | + | 50.2Legislative Commission on Data Practices and Personal Data Privacy. The report must be | |
| 1609 | + | 50.3submitted as required under section 3.195, except that printed copies are not required. | |
| 1610 | + | 50.4 Sec. 21. [342.19] ADULT-USE CANNABIS BUSINESS; GENERAL OWNERSHIP | |
| 1611 | + | 50.5DISQUALIFICATIONS AND REQUIREMENTS. | |
| 1612 | + | 50.6 Subdivision 1.Criminal history check.Every license applicant and prospective cannabis | |
| 1613 | + | 50.7worker must submit a completed criminal history records check consent form, a full set of | |
| 1614 | + | 50.8classifiable fingerprints, and the required fees to the office. Upon receipt of this information, | |
| 1615 | + | 50.9the office must submit the completed criminal history records check consent form, full set | |
| 1616 | + | 50.10of classifiable fingerprints, and required fees to the Bureau of Criminal Apprehension. After | |
| 1617 | + | 50.11receiving this information, the bureau must conduct a Minnesota criminal history records | |
| 1618 | + | 50.12check of the person. The bureau may exchange the person's fingerprints with the Federal | |
| 1619 | + | 50.13Bureau of Investigation to obtain the person's national criminal history record information. | |
| 1620 | + | 50.14The bureau must return the results of the Minnesota and federal criminal history records | |
| 1621 | + | 50.15checks to the director to determine if the person is disqualified under this section. | |
| 1622 | + | 50.16 Subd. 2.Criminal offenses; disqualifications.(a) No person may hold or receive a | |
| 1623 | + | 50.17license issued under this chapter or work for a cannabis business if the person has been | |
| 1624 | + | 50.18convicted of, or received a stay of adjudication for, a violation of a state or federal controlled | |
| 1625 | + | 50.19substance law that is a felony under Minnesota law or would be a felony if committed in | |
| 1626 | + | 50.20Minnesota, regardless of the sentence imposed, unless the office determines that the person's | |
| 1627 | + | 50.21conviction was for the possession or sale of cannabis. | |
| 1628 | + | 50.22 (b) A person who has been convicted of, or received a stay of adjudication for, a violation | |
| 1629 | + | 50.23of Minnesota Statutes 2022, section 152.023, subdivision 1, clause (3), or a state or federal | |
| 1630 | + | 50.24law in conformity with that provision, for the sale of cannabis to a person under the age of | |
| 1631 | + | 50.2518 may hold or receive a license issued under this chapter, or work for a cannabis business, | |
| 1632 | + | 50.26if 20 years have passed since the date the person was convicted or adjudication was stayed. | |
| 1633 | + | 50.27 (c) Except as provided in paragraph (a), (b), or (d), a person who has been convicted of, | |
| 1634 | + | 50.28or received a stay of adjudication for, a violation of a state or federal law that is a felony | |
| 1635 | + | 50.29under Minnesota law or would be a felony if committed in Minnesota, regardless of the | |
| 1636 | + | 50.30sentence imposed, may hold or receive a license issued under this chapter, or work for a | |
| 1637 | + | 50.31cannabis business, if five years have passed since the discharge of the sentence. | |
| 1638 | + | 50.32 (d) No license holder or applicant may hold or receive a license issued under this chapter, | |
| 1639 | + | 50.33or work for a cannabis business, if the person has been convicted of a sale of cannabis in | |
| 1640 | + | 50.34the first degree under section 152.0264, subdivision 2. | |
| 1640 | 1641 | 50Article 1 Sec. 21. | |
| 1641 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 51.1 (b) A person who has been convicted of, or received a stay of adjudication for, a violation | |
| 1642 | - | 51.2of Minnesota Statutes 2022, section 152.023, subdivision 1, clause (3), or a state or federal | |
| 1643 | - | 51.3law in conformity with that provision, for the sale of cannabis to a person under the age of | |
| 1644 | - | 51.418 may hold or receive a license issued under this chapter, or work for a cannabis business, | |
| 1645 | - | 51.5if 20 years have passed since the date the person was convicted or adjudication was stayed. | |
| 1646 | - | 51.6 (c) Except as provided in paragraph (a), (b), or (d), a person who has been convicted of, | |
| 1647 | - | 51.7or received a stay of adjudication for, a violation of a state or federal law that is a felony | |
| 1648 | - | 51.8under Minnesota law or would be a felony if committed in Minnesota, regardless of the | |
| 1649 | - | 51.9sentence imposed, may hold or receive a license issued under this chapter, or work for a | |
| 1650 | - | 51.10cannabis business, if five years have passed since the discharge of the sentence. | |
| 1651 | - | 51.11 (d) No license holder or applicant may hold or receive a license issued under this chapter, | |
| 1652 | - | 51.12or work for a cannabis business, if the person has been convicted of a sale of cannabis in | |
| 1653 | - | 51.13the first degree under section 152.0264, subdivision 1. | |
| 1654 | - | 51.14 (e) A person who has been convicted of sale of cannabis in the second degree under | |
| 1655 | - | 51.15section 152.0264, subdivision 2, may hold or receive a license issued under this chapter or | |
| 1656 | - | 51.16work for a cannabis business if ten years have passed since the discharge of the sentence. | |
| 1657 | - | 51.17 (f) A person who has been convicted of sale of cannabis in the third degree under section | |
| 1658 | - | 51.18152.0264, subdivision 3, may hold or receive a license issued under this chapter or work | |
| 1659 | - | 51.19for a cannabis business if five years have passed since the discharge of the sentence. | |
| 1660 | - | 51.20 (g) A person who has been convicted of sale of cannabis in the fourth degree under | |
| 1661 | - | 51.21section 152.0264, subdivision 4, may hold or receive a license issued under this chapter or | |
| 1662 | - | 51.22work for a cannabis business if one year has passed since the discharge of the sentence. | |
| 1663 | - | 51.23 (h) If the license holder or applicant is a business entity, the disqualifications under this | |
| 1664 | - | 51.24subdivision apply to every cooperative member or every director, manager, and general | |
| 1665 | - | 51.25partner of the business entity. | |
| 1666 | - | 51.26 Subd. 3.Risk of harm; set aside.The office may set aside a disqualification under | |
| 1667 | - | 51.27subdivision 2 if the office finds that the person has submitted sufficient information to | |
| 1668 | - | 51.28demonstrate that the person does not pose a risk of harm to any person served by the | |
| 1669 | - | 51.29applicant, license holder, or other entities as provided in this chapter. | |
| 1670 | - | 51.30 Subd. 4.General requirements.(a) A license holder or applicant must meet each of | |
| 1671 | - | 51.31the following requirements, if applicable, to hold or receive a license issued under this | |
| 1672 | - | 51.32chapter: | |
| 1673 | - | 51.33 (1) be at least 21 years of age; | |
| 1642 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 51.1 (e) A person who has been convicted of sale of cannabis in the second degree under | |
| 1643 | + | 51.2section 152.0264, subdivision 3, may hold or receive a license issued under this chapter or | |
| 1644 | + | 51.3work for a cannabis business if ten years have passed since the discharge of the sentence. | |
| 1645 | + | 51.4 (f) A person who has been convicted of sale of cannabis in the third degree under section | |
| 1646 | + | 51.5152.0264, subdivision 4, may hold or receive a license issued under this chapter or work | |
| 1647 | + | 51.6for a cannabis business if five years have passed since the discharge of the sentence. | |
| 1648 | + | 51.7 (g) A person who has been convicted of sale of cannabis in the fourth degree under | |
| 1649 | + | 51.8section 152.0264, subdivision 5, may hold or receive a license issued under this chapter or | |
| 1650 | + | 51.9work for a cannabis business if one year has passed since the discharge of the sentence. | |
| 1651 | + | 51.10 (h) If the license holder or applicant is a business entity, the disqualifications under this | |
| 1652 | + | 51.11subdivision apply to every cooperative member or every director, manager, and general | |
| 1653 | + | 51.12partner of the business entity. | |
| 1654 | + | 51.13 Subd. 3.Risk of harm; set aside.The office may set aside a disqualification under | |
| 1655 | + | 51.14subdivision 2 if the office finds that the person has submitted sufficient information to | |
| 1656 | + | 51.15demonstrate that the person does not pose a risk of harm to any person served by the | |
| 1657 | + | 51.16applicant, license holder, or other entities as provided in this chapter. | |
| 1658 | + | 51.17 Subd. 4.General requirements.(a) A license holder or applicant must meet each of | |
| 1659 | + | 51.18the following requirements, if applicable, to hold or receive a license issued under this | |
| 1660 | + | 51.19chapter: | |
| 1661 | + | 51.20 (1) be at least 21 years of age; | |
| 1662 | + | 51.21 (2) have completed an application for licensure or application for renewal; | |
| 1663 | + | 51.22 (3) have paid the applicable application fee; | |
| 1664 | + | 51.23 (4) reside in the state; | |
| 1665 | + | 51.24 (5) if the applicant or license holder is a business entity, be incorporated in the state or | |
| 1666 | + | 51.25otherwise formed or organized under the laws of the state; | |
| 1667 | + | 51.26 (6) if the applicant or license holder is a business entity, at least 75 percent of the business | |
| 1668 | + | 51.27must be owned by Minnesota residents; | |
| 1669 | + | 51.28 (7) not be employed by the office or any state agency with regulatory authority under | |
| 1670 | + | 51.29this chapter or the rules adopted pursuant to this chapter; | |
| 1671 | + | 51.30 (8) not be a licensed peace officer, as defined in section 626.84, subdivision 1, paragraph | |
| 1672 | + | 51.31(c); | |
| 1674 | 1673 | 51Article 1 Sec. 21. | |
| 1675 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 52.1 (2) have completed an application for licensure or application for renewal; | |
| 1676 | - | 52.2 (3) have paid the applicable application fee; | |
| 1677 | - | 52.3 (4) reside in the state; | |
| 1678 | - | 52.4 (5) if the applicant or license holder is a business entity, be incorporated in the state or | |
| 1679 | - | 52.5otherwise formed or organized under the laws of the state; | |
| 1680 | - | 52.6 (6) if the applicant or license holder is a business entity, at least 75 percent of the business | |
| 1681 | - | 52.7must be owned by Minnesota residents; | |
| 1682 | - | 52.8 (7) not be employed by the office or any state agency with regulatory authority under | |
| 1683 | - | 52.9this chapter or the rules adopted pursuant to this chapter; | |
| 1684 | - | 52.10 (8) not be a licensed peace officer, as defined in section 626.84, subdivision 1, paragraph | |
| 1685 | - | 52.11(c); | |
| 1686 | - | 52.12 (9) never have had a license previously issued under this chapter revoked; | |
| 1687 | - | 52.13 (10) have filed any previously required tax returns for a cannabis business; | |
| 1688 | - | 52.14 (11) have paid and remitted any business taxes, gross receipts taxes, interest, or penalties | |
| 1689 | - | 52.15due relating to the operation of a cannabis business; | |
| 1690 | - | 52.16 (12) have fully and truthfully complied with all information requests of the office relating | |
| 1691 | - | 52.17to license application and renewal; | |
| 1692 | - | 52.18 (13) not be disqualified under subdivision 2; | |
| 1693 | - | 52.19 (14) not employ an individual who is disqualified from working for a cannabis business | |
| 1694 | - | 52.20under this chapter; and | |
| 1695 | - | 52.21 (15) meet the ownership and operational requirements for the type of license and, if | |
| 1696 | - | 52.22applicable, endorsement sought or held. | |
| 1697 | - | 52.23 (b) If the license holder or applicant is a business entity, every officer, director, manager, | |
| 1698 | - | 52.24and general partner of the business entity must meet each of the requirements of this section. | |
| 1699 | - | 52.25Sec. 22. [342.20] CANNABIS BUSINESSES; GENERAL OPERATIONAL | |
| 1700 | - | 52.26REQUIREMENTS AND PROHIBITIONS. | |
| 1701 | - | 52.27 Subdivision 1.Individuals under 21 years of age.(a) A cannabis business may not | |
| 1702 | - | 52.28employ an individual under 21 years of age and may not contract with an individual under | |
| 1703 | - | 52.2921 years of age if the individual's scope of work involves the handling of cannabis plants, | |
| 1704 | - | 52.30cannabis flower, synthetically derived cannabinoids, or cannabis products. | |
| 1674 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 52.1 (9) never have had a license previously issued under this chapter revoked; | |
| 1675 | + | 52.2 (10) have filed any previously required tax returns for a cannabis business; | |
| 1676 | + | 52.3 (11) have paid and remitted any business taxes, gross receipts taxes, interest, or penalties | |
| 1677 | + | 52.4due relating to the operation of a cannabis business; | |
| 1678 | + | 52.5 (12) have fully and truthfully complied with all information requests of the office relating | |
| 1679 | + | 52.6to license application and renewal; | |
| 1680 | + | 52.7 (13) not be disqualified under subdivision 2; | |
| 1681 | + | 52.8 (14) not employ an individual who is disqualified from working for a cannabis business | |
| 1682 | + | 52.9under this chapter; and | |
| 1683 | + | 52.10 (15) meet the ownership and operational requirements for the type of license and, if | |
| 1684 | + | 52.11applicable, endorsement sought or held. | |
| 1685 | + | 52.12 (b) If the license holder or applicant is a business entity, every officer, director, manager, | |
| 1686 | + | 52.13and general partner of the business entity must meet each of the requirements of this section. | |
| 1687 | + | 52.14Sec. 22. [342.20] CANNABIS BUSINESSES; GENERAL OPERATIONAL | |
| 1688 | + | 52.15REQUIREMENTS AND PROHIBITIONS. | |
| 1689 | + | 52.16 Subdivision 1.Individuals under 21 years of age.(a) A cannabis business may not | |
| 1690 | + | 52.17employ an individual under 21 years of age and may not contract with an individual under | |
| 1691 | + | 52.1821 years of age if the individual's scope of work involves the handling of cannabis plants, | |
| 1692 | + | 52.19cannabis flower, synthetically derived cannabinoids, or cannabinoid products. | |
| 1693 | + | 52.20 (b) A cannabis business may not permit an individual under 21 years of age to enter the | |
| 1694 | + | 52.21business premises other than entry by a patient enrolled in the registry program. | |
| 1695 | + | 52.22 (c) A cannabis business may not sell or give cannabis flower, cannabis products, | |
| 1696 | + | 52.23lower-potency hemp edibles, or hemp-derived consumer products to an individual under | |
| 1697 | + | 52.2421 years of age unless the individual is a patient; registered designated caregiver; or parent, | |
| 1698 | + | 52.25legal guardian, or spouse of a patient who is authorized to use, possess, or transport medical | |
| 1699 | + | 52.26cannabis flower or medical cannabinoid products. | |
| 1700 | + | 52.27 Subd. 2.Use of cannabis flower and cannabis products within a licensed cannabis | |
| 1701 | + | 52.28business.(a) A cannabis business may not permit an individual who is not an employee to | |
| 1702 | + | 52.29consume cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 1703 | + | 52.30consumer products within its licensed premises unless the business is licensed to permit | |
| 1704 | + | 52.31on-site consumption or the business has an on-site endorsement to a license authorizing the | |
| 1705 | + | 52.32sale of lower-potency edible products. | |
| 1705 | 1706 | 52Article 1 Sec. 22. | |
| 1706 | - | S0073- | |
| 1707 | - | 53. | |
| 1708 | - | 53. | |
| 1709 | - | 53. | |
| 1710 | - | 53. | |
| 1711 | - | 53. | |
| 1712 | - | 53. | |
| 1713 | - | 53. | |
| 1714 | - | 53. | |
| 1715 | - | 53. | |
| 1716 | - | 53. | |
| 1717 | - | 53. | |
| 1718 | - | 53. | |
| 1719 | - | 53. | |
| 1720 | - | 53. | |
| 1721 | - | 53. | |
| 1722 | - | 53. | |
| 1723 | - | 53.18 ( | |
| 1724 | - | 53. | |
| 1725 | - | 53. | |
| 1726 | - | 53. | |
| 1727 | - | 53. | |
| 1728 | - | 53. | |
| 1729 | - | 53.24 | |
| 1730 | - | 53. | |
| 1731 | - | 53. | |
| 1732 | - | 53. | |
| 1733 | - | 53.28 ( | |
| 1734 | - | 53. | |
| 1735 | - | 53. | |
| 1736 | - | 53. | |
| 1737 | - | 53. | |
| 1738 | - | 53. | |
| 1707 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 53.1 (b) Except as otherwise provided in this subdivision, a cannabis business may not permit | |
| 1708 | + | 53.2an employee to consume cannabis flower, cannabis products, lower-potency hemp edibles, | |
| 1709 | + | 53.3or hemp-derived consumer products within its licensed premises or while the employee is | |
| 1710 | + | 53.4otherwise engaged in activities within the course and scope of employment. | |
| 1711 | + | 53.5 (c) A cannabis business may permit an employee to use medical cannabis flower and | |
| 1712 | + | 53.6medical cannabinoid products if that individual is a patient. | |
| 1713 | + | 53.7 (d) For quality control, employees of a licensed cannabis business may sample cannabis | |
| 1714 | + | 53.8flower or cannabinoid products. Employees may not interact directly with customers for at | |
| 1715 | + | 53.9least three hours after sampling a product. Employees may not consume more than three | |
| 1716 | + | 53.10samples in a single 24-hour period. All samples must be recorded in the statewide monitoring | |
| 1717 | + | 53.11system. | |
| 1718 | + | 53.12 Subd. 3.Restricted access.(a) Except as otherwise provided in this subdivision, a | |
| 1719 | + | 53.13cannabis business may not permit any individual to enter a restricted area unless the cannabis | |
| 1720 | + | 53.14business records the individual's name, time of entry, time of exit, and authorization to enter | |
| 1721 | + | 53.15the restricted area through use of an electronic or manual entry log and the individual: | |
| 1722 | + | 53.16 (1) is a cannabis worker employed by or contracted with the cannabis business; | |
| 1723 | + | 53.17 (2) is an employee of the office or another enforcement agency; | |
| 1724 | + | 53.18 (3) is a contractor of the cannabis business, including but not limited to an electrician, | |
| 1725 | + | 53.19a plumber, an engineer, or an alarm technician, whose scope of work will not involve the | |
| 1726 | + | 53.20handling of cannabis flower, cannabis products, or hemp-derived consumer products and, | |
| 1727 | + | 53.21if the individual is working in an area with immediate access to cannabis flower, cannabis | |
| 1728 | + | 53.22products, or hemp-derived consumer products, the individual is supervised at all times by | |
| 1729 | + | 53.23a cannabis worker employed by or contracted with the cannabis business; or | |
| 1730 | + | 53.24 (4) has explicit authorization from the office to enter a restricted area and, if the individual | |
| 1731 | + | 53.25is in an area with immediate access to cannabis flower or cannabinoid products, the individual | |
| 1732 | + | 53.26is supervised at all times by a cannabis worker employed by or contracted with the cannabis | |
| 1733 | + | 53.27business. | |
| 1734 | + | 53.28 (b) A cannabis business shall ensure that all areas of entry to restricted areas within its | |
| 1735 | + | 53.29licensed premises are conspicuously marked and cannot be entered without recording the | |
| 1736 | + | 53.30individual's name, time of entry, time of exit, and authorization to enter the restricted area. | |
| 1737 | + | 53.31 Subd. 4.Ventilation and filtration.A cannabis business must maintain a ventilation | |
| 1738 | + | 53.32and filtration system sufficient to meet the requirements for odor control established by the | |
| 1739 | + | 53.33office. | |
| 1739 | 1740 | 53Article 1 Sec. 22. | |
| 1740 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 54.1access to cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 1741 | - | 54.2consumer products, the individual is supervised at all times by a cannabis worker employed | |
| 1742 | - | 54.3by or contracted with the cannabis business; or | |
| 1743 | - | 54.4 (4) has explicit authorization from the office to enter a restricted area and, if the individual | |
| 1744 | - | 54.5is in an area with immediate access to cannabis flower or cannabis products, the individual | |
| 1745 | - | 54.6is supervised at all times by a cannabis worker employed by or contracted with the cannabis | |
| 1746 | - | 54.7business. | |
| 1747 | - | 54.8 (b) A cannabis business shall ensure that all areas of entry to restricted areas within its | |
| 1748 | - | 54.9licensed premises are conspicuously marked and cannot be entered without recording the | |
| 1749 | - | 54.10individual's name, time of entry, time of exit, and authorization to enter the restricted area. | |
| 1750 | - | 54.11 Subd. 4.Ventilation and filtration.A cannabis business must maintain a ventilation | |
| 1751 | - | 54.12and filtration system sufficient to meet the requirements for odor control established by the | |
| 1752 | - | 54.13office. | |
| 1753 | - | 54.14 Subd. 5.Records.(a) A cannabis business must retain financial records for the current | |
| 1754 | - | 54.15and previous tax year at the primary business location and must make those records available | |
| 1755 | - | 54.16for inspection by the office at any time during regular business hours. | |
| 1756 | - | 54.17 (b) When applicable, a cannabis business must maintain financial records for the previous | |
| 1757 | - | 54.18ten tax years and must make those records available for inspection within one business day | |
| 1758 | - | 54.19of receiving a request for inspection by the office. | |
| 1759 | - | 54.20 (c) The office may require a cannabis business to submit to an audit of its business | |
| 1760 | - | 54.21records. The office may select or approve the auditor and the cannabis business must provide | |
| 1761 | - | 54.22the auditor with access to all business records. The cost of the audit must be paid by the | |
| 1762 | - | 54.23cannabis business. | |
| 1763 | - | 54.24 Subd. 6.Diversity report.A cannabis business shall provide an annual report on the | |
| 1764 | - | 54.25status of diversity in the business ownership, management, and employment and in services | |
| 1765 | - | 54.26for which the business contracts. | |
| 1766 | - | 54.27 Subd. 7.Use of statewide monitoring system.(a) A cannabis business must use the | |
| 1767 | - | 54.28statewide monitoring system for integrated cannabis tracking, inventory, and verification | |
| 1768 | - | 54.29to track all cannabis plants, cannabis flower, cannabis products, lower-potency hemp edibles, | |
| 1769 | - | 54.30and hemp-derived consumer products the cannabis business has in its possession to the | |
| 1770 | - | 54.31point of disposal, transfer, or sale. | |
| 1771 | - | 54.32 (b) For the purposes of this subdivision, a cannabis business possesses the cannabis | |
| 1772 | - | 54.33plants and cannabis flower that the business cultivates from seed or immature plant, if | |
| 1741 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 54.1 Subd. 5.Records.(a) A cannabis business must retain financial records for the current | |
| 1742 | + | 54.2and previous tax year at the primary business location and must make those records available | |
| 1743 | + | 54.3for inspection by the office at any time during regular business hours. | |
| 1744 | + | 54.4 (b) When applicable, a cannabis business must maintain financial records for the previous | |
| 1745 | + | 54.5ten tax years and must make those records available for inspection within one business day | |
| 1746 | + | 54.6of receiving a request for inspection by the office. | |
| 1747 | + | 54.7 (c) The office may require a cannabis business to submit to an audit of its business | |
| 1748 | + | 54.8records. The office may select or approve the auditor and the cannabis business must provide | |
| 1749 | + | 54.9the auditor with access to all business records. The cost of the audit must be paid by the | |
| 1750 | + | 54.10cannabis business. | |
| 1751 | + | 54.11 Subd. 6.Diversity report.A cannabis business shall provide an annual report on the | |
| 1752 | + | 54.12status of diversity in the business ownership, management, and employment and in services | |
| 1753 | + | 54.13for which the business contracts. | |
| 1754 | + | 54.14 Subd. 7.Use of statewide monitoring system.(a) A cannabis business must use the | |
| 1755 | + | 54.15statewide monitoring system for integrated cannabis tracking, inventory, and verification | |
| 1756 | + | 54.16to track all cannabis plants, cannabis flower, cannabis products, and hemp-derived consumer | |
| 1757 | + | 54.17products the cannabis business has in its possession to the point of disposal, transfer, or | |
| 1758 | + | 54.18sale. | |
| 1759 | + | 54.19 (b) For the purposes of this subdivision, a cannabis business possesses the cannabis | |
| 1760 | + | 54.20plants and cannabis flower that the business cultivates from seed or immature plant, if | |
| 1761 | + | 54.21applicable, or receives from another cannabis business and possesses the cannabis products | |
| 1762 | + | 54.22and hemp-derived consumer products that the business manufacturers or receives from | |
| 1763 | + | 54.23another cannabis business. | |
| 1764 | + | 54.24 (c) Sale and transfer of cannabis plants, cannabis flower, cannabis products, and | |
| 1765 | + | 54.25hemp-derived consumer products must be recorded in the statewide monitoring system | |
| 1766 | + | 54.26within the time established by rule. | |
| 1767 | + | 54.27 Subd. 8.Disposal; loss documentation.(a) A cannabis business must dispose of cannabis | |
| 1768 | + | 54.28plants, cannabis flower, cannabinoid products, and synthetically derived cannabinoids that | |
| 1769 | + | 54.29are damaged, have a broken seal, have been contaminated, or have not been sold by the | |
| 1770 | + | 54.30expiration date on the label. | |
| 1771 | + | 54.31 (b) Disposal must be conducted in a manner approved by the office. | |
| 1772 | + | 54.32 (c) Disposed products must be documented in the statewide monitoring system. | |
| 1773 | 1773 | 54Article 1 Sec. 22. | |
| 1774 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 55.1applicable, or receives from another cannabis business, and possesses the cannabis products, | |
| 1775 | - | 55.2lower-potency hemp edibles, and hemp-derived consumer products that the business | |
| 1776 | - | 55.3manufactures or receives from another cannabis business. | |
| 1777 | - | 55.4 (c) Sale and transfer of cannabis plants, cannabis flower, cannabis products, | |
| 1778 | - | 55.5lower-potency hemp edibles, and hemp-derived consumer products must be recorded in the | |
| 1779 | - | 55.6statewide monitoring system within the time established by rule. | |
| 1780 | - | 55.7 Subd. 8.Disposal; loss documentation.(a) A cannabis business must dispose of cannabis | |
| 1781 | - | 55.8plants, cannabis flower, cannabis products, lower-potency hemp edibles, hemp-derived | |
| 1782 | - | 55.9consumer products, and synthetically derived cannabinoids that are damaged, have a broken | |
| 1783 | - | 55.10seal, have been contaminated, or have not been sold by the expiration date on the label. | |
| 1784 | - | 55.11 (b) Disposal must be conducted in a manner approved by the office. | |
| 1785 | - | 55.12 (c) Disposed products must be documented in the statewide monitoring system. | |
| 1786 | - | 55.13 (d) Any lost or stolen products must be reported to local law enforcement and a cannabis | |
| 1787 | - | 55.14business must log any lost or stolen products in the statewide monitoring system as soon | |
| 1788 | - | 55.15as the loss is discovered. | |
| 1789 | - | 55.16 Subd. 9.Sale of approved products.A cannabis business may only sell cannabis plants, | |
| 1790 | - | 55.17cannabis flower, cannabis products, and synthetically derived cannabinoids that are approved | |
| 1791 | - | 55.18by the office and that comply with this chapter and rules adopted pursuant to this chapter | |
| 1792 | - | 55.19regarding the testing, packaging, and labeling of cannabis plants, cannabis flower, cannabis | |
| 1793 | - | 55.20products, and synthetically derived cannabinoids. | |
| 1794 | - | 55.21 Subd. 10.Security.A cannabis business must maintain and follow a security plan to | |
| 1795 | - | 55.22deter and prevent the theft or diversion of cannabis plants, cannabis flower, cannabis products, | |
| 1796 | - | 55.23or hemp-derived consumer products; unauthorized entry into the cannabis business; and the | |
| 1797 | - | 55.24theft of currency. | |
| 1798 | - | 55.25 Subd. 11.Financial relationship.(a) Except for the lawful sale of cannabis plants, | |
| 1799 | - | 55.26cannabis flower, cannabis products, and synthetically derived cannabinoids in the ordinary | |
| 1800 | - | 55.27course of business and as otherwise provided in this subdivision, no cannabis business may | |
| 1801 | - | 55.28offer, give, accept, receive, or borrow money or anything else of value or accept or receive | |
| 1802 | - | 55.29credit from any other cannabis business. This prohibition applies to offering or receiving a | |
| 1803 | - | 55.30benefit in exchange for preferential placement by a cannabis retailer, including preferential | |
| 1804 | - | 55.31placement on the cannabis retailer's shelves, display cases, or website. This prohibition | |
| 1805 | - | 55.32applies to every cooperative member or every director, manager, and general partner of a | |
| 1806 | - | 55.33cannabis business. | |
| 1774 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 55.1 (d) Any lost or stolen products must be reported to local law enforcement and a cannabis | |
| 1775 | + | 55.2business must log any lost or stolen products in the statewide monitoring system as soon | |
| 1776 | + | 55.3as the loss is discovered. | |
| 1777 | + | 55.4 Subd. 9.Sale of approved products.A cannabis business may only sell cannabis plants, | |
| 1778 | + | 55.5cannabis flower, cannabinoid products, and synthetically derived cannabinoids that are | |
| 1779 | + | 55.6approved by the office and that comply with this chapter and rules adopted pursuant to this | |
| 1780 | + | 55.7chapter regarding the testing, packaging, and labeling of cannabis plants, cannabis flower, | |
| 1781 | + | 55.8cannabinoid products, and synthetically derived cannabinoids. | |
| 1782 | + | 55.9 Subd. 10.Security.A cannabis business must maintain and follow a security plan to | |
| 1783 | + | 55.10deter and prevent the theft or diversion of cannabis plants, cannabis flower, cannabis products, | |
| 1784 | + | 55.11or hemp-derived consumer products; unauthorized entry into the cannabis business; and the | |
| 1785 | + | 55.12theft of currency. | |
| 1786 | + | 55.13 Subd. 11.Financial relationship.(a) Except for the lawful sale of cannabis plants, | |
| 1787 | + | 55.14cannabis flower, cannabinoid products, and synthetically derived cannabinoids in the ordinary | |
| 1788 | + | 55.15course of business and as otherwise provided in this subdivision, no cannabis business may | |
| 1789 | + | 55.16offer, give, accept, receive, or borrow money or anything else of value or accept or receive | |
| 1790 | + | 55.17credit from any other cannabis business. This prohibition applies to offering or receiving a | |
| 1791 | + | 55.18benefit in exchange for preferential placement by a cannabis retailer, including preferential | |
| 1792 | + | 55.19placement on the cannabis retailer's shelves, display cases, or website. This prohibition | |
| 1793 | + | 55.20applies to every cooperative member or every director, manager, and general partner of a | |
| 1794 | + | 55.21cannabis business. | |
| 1795 | + | 55.22 (b) This prohibition does not apply to merchandising credit in the ordinary course of | |
| 1796 | + | 55.23business for a period not to exceed 30 days or for marketing or consumer education materials | |
| 1797 | + | 55.24made available in a retail location. | |
| 1798 | + | 55.25 (c) This prohibition does not apply to free samples of useable cannabis flower or | |
| 1799 | + | 55.26cannabinoid products packaged in a sample jar protected by a plastic or metal mesh screen | |
| 1800 | + | 55.27to allow customers to smell the cannabis flower or cannabinoid product before purchase. | |
| 1801 | + | 55.28A sample jar may not contain more than eight grams of useable cannabis flower, eight grams | |
| 1802 | + | 55.29of a cannabis concentrate, or an edible cannabinoid product infused with 100 milligrams of | |
| 1803 | + | 55.30tetrahydrocannabinol. | |
| 1804 | + | 55.31 (d) This prohibition does not apply to free samples of cannabis flower or cannabinoid | |
| 1805 | + | 55.32products provided to a cannabis retailer or cannabis wholesaler for the purposes of quality | |
| 1806 | + | 55.33control and to allow cannabis retailers to determine whether to offer a product for sale. A | |
| 1807 | + | 55.34sample provided for these purposes may not contain more than eight grams of useable | |
| 1807 | 1808 | 55Article 1 Sec. 22. | |
| 1808 | - | S0073- | |
| 1809 | - | 56. | |
| 1810 | - | 56. | |
| 1811 | - | 56. | |
| 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. | |
| 1832 | - | 56. | |
| 1833 | - | 56. | |
| 1834 | - | 56. | |
| 1835 | - | 56. | |
| 1836 | - | 56. | |
| 1837 | - | 56. | |
| 1838 | - | 56. | |
| 1839 | - | 56. | |
| 1840 | - | 56. | |
| 1809 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 56.1cannabis flower, eight grams of a cannabis concentrate, or an edible cannabinoid product | |
| 1810 | + | 56.2infused with 100 milligrams of tetrahydrocannabinol. | |
| 1811 | + | 56.3 (e) This prohibition does not apply to any fee charged by a licensed cannabis event | |
| 1812 | + | 56.4organizer to a cannabis business for participation in a cannabis event. | |
| 1813 | + | 56.5 Subd. 12.Exclusive contracts.A cannabis business may not directly or indirectly make | |
| 1814 | + | 56.6an agreement with a cannabis retailer that binds the cannabis retailer to purchase the products | |
| 1815 | + | 56.7of one cannabis cultivator or cannabis manufacturer to the exclusion of the products of other | |
| 1816 | + | 56.8cannabis cultivators or cannabis manufacturers. A cannabis retailer who is a party to a | |
| 1817 | + | 56.9violation of this section or who receives the benefits of a violation is equally guilty of a | |
| 1818 | + | 56.10violation. | |
| 1819 | + | 56.11 Subd. 13.Customer privacy.A cannabis business must not share data on retail or | |
| 1820 | + | 56.12wholesale customers with any federal agency, federal department, or federal entity unless | |
| 1821 | + | 56.13specifically ordered by a state or federal court. | |
| 1822 | + | 56.14Sec. 23. [342.21] CANNABIS CULTIVATOR LICENSING AND OPERATIONS. | |
| 1823 | + | 56.15 Subdivision 1.Authorized actions.A cannabis cultivator license entitles the license | |
| 1824 | + | 56.16holder to grow cannabis plants within the approved amount of space from seed or immature | |
| 1825 | + | 56.17plant to mature plant, harvest cannabis flower from a mature plant, package and label | |
| 1826 | + | 56.18cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis | |
| 1827 | + | 56.19manufacturer located on the same premises, and perform other actions approved by the | |
| 1828 | + | 56.20office. | |
| 1829 | + | 56.21 Subd. 2.Size limitations.A cannabis cultivator may cultivate up to 15,000 square feet | |
| 1830 | + | 56.22of plant canopy unless the office, by rule, increases that limit. The office may, by rule, | |
| 1831 | + | 56.23increase the limit on plant canopy to no more than 30,000 cubic feet if the office determines | |
| 1832 | + | 56.24that expansion is consistent with the goals identified in section 342.02, subdivision 1. A | |
| 1833 | + | 56.25cannabis cultivator may not operate multiple tiers of cultivation unless authorized by the | |
| 1834 | + | 56.26office. | |
| 1835 | + | 56.27 Subd. 3.Additional information required.In addition to the information required to | |
| 1836 | + | 56.28be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 1837 | + | 56.29a person, cooperative, or business seeking a cannabis cultivator license must submit the | |
| 1838 | + | 56.30following information in a form approved by the office: | |
| 1839 | + | 56.31 (1) an operating plan demonstrating the proposed size and layout of the cultivation | |
| 1840 | + | 56.32facility; plans for wastewater and waste disposal for the cultivation facility; plans for | |
| 1841 | + | 56.33providing electricity, water, and other utilities necessary for the normal operation of the | |
| 1841 | 1842 | 56Article 1 Sec. 23. | |
| 1842 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 57.1 Subd. 2.Size limitations.A cannabis cultivator may cultivate up to 15,000 square feet | |
| 1843 | - | 57.2of plant canopy unless the office, by rule, increases that limit. The office may, by rule, | |
| 1844 | - | 57.3increase the limit on plant canopy to no more than 30,000 cubic feet if the office determines | |
| 1845 | - | 57.4that expansion is consistent with the goals identified in section 342.02, subdivision 1. A | |
| 1846 | - | 57.5cannabis cultivator may not operate multiple tiers of cultivation unless authorized by the | |
| 1847 | - | 57.6office. | |
| 1848 | - | 57.7 Subd. 3.Additional information required.In addition to the information required to | |
| 1849 | - | 57.8be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 1850 | - | 57.9a person, cooperative, or business seeking a cannabis cultivator license must submit the | |
| 1851 | - | 57.10following information in a form approved by the office: | |
| 1852 | - | 57.11 (1) an operating plan demonstrating the proposed size and layout of the cultivation | |
| 1853 | - | 57.12facility; plans for wastewater and waste disposal for the cultivation facility; plans for | |
| 1854 | - | 57.13providing electricity, water, and other utilities necessary for the normal operation of the | |
| 1855 | - | 57.14cultivation facility; and plans for compliance with the applicable building code and federal | |
| 1856 | - | 57.15and state environmental and workplace safety requirements; | |
| 1857 | - | 57.16 (2) a cultivation plan demonstrating the proposed size and layout of the cultivation | |
| 1858 | - | 57.17facility that will be used exclusively for cultivation including the total amount of plant | |
| 1859 | - | 57.18canopy; and | |
| 1860 | - | 57.19 (3) evidence that the business will comply with the applicable operation requirements | |
| 1861 | - | 57.20for the license being sought. | |
| 1862 | - | 57.21 Subd. 4.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 1863 | - | 57.22cannabis cultivator license may also hold a cannabis manufacturing license, medical cannabis | |
| 1864 | - | 57.23cultivator license, medical cannabis producer license, license to grow industrial hemp, and | |
| 1865 | - | 57.24cannabis event organizer license. | |
| 1866 | - | 57.25 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 1867 | - | 57.26cannabis cultivator license may own or operate any other cannabis business or hemp business. | |
| 1868 | - | 57.27This prohibition does not prevent the transportation of cannabis flower from a cannabis | |
| 1869 | - | 57.28cultivator to a cannabis manufacturer licensed to the same person, cooperative, or business | |
| 1870 | - | 57.29and located on the same premises. | |
| 1871 | - | 57.30 (c) The office by rule may limit the number of cannabis cultivator licenses a person, | |
| 1872 | - | 57.31cooperative, or business may hold. | |
| 1843 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 57.1cultivation facility; and plans for compliance with the applicable building code and federal | |
| 1844 | + | 57.2and state environmental and workplace safety requirements; | |
| 1845 | + | 57.3 (2) a cultivation plan demonstrating the proposed size and layout of the cultivation | |
| 1846 | + | 57.4facility that will be used exclusively for cultivation including the total amount of plant | |
| 1847 | + | 57.5canopy; and | |
| 1848 | + | 57.6 (3) evidence that the business will comply with the applicable operation requirements | |
| 1849 | + | 57.7for the license being sought. | |
| 1850 | + | 57.8 Subd. 4.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 1851 | + | 57.9cannabis cultivator license may also hold a cannabis manufacturing license, medical cannabis | |
| 1852 | + | 57.10cultivator license, medical cannabis producer license, license to grow industrial hemp, and | |
| 1853 | + | 57.11cannabis event organizer license. | |
| 1854 | + | 57.12 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 1855 | + | 57.13cannabis cultivator license may own or operate any other cannabis business or hemp business. | |
| 1856 | + | 57.14This prohibition does not prevent the transportation of cannabis flower from a cannabis | |
| 1857 | + | 57.15cultivator to a cannabis manufacturer licensed to the same person, cooperative, or business | |
| 1858 | + | 57.16and located on the same premises. | |
| 1859 | + | 57.17 (c) The office by rule may limit the number of cannabis cultivator licenses a person, | |
| 1860 | + | 57.18cooperative, or business may hold. | |
| 1861 | + | 57.19 (d) For purposes of this subdivision, a restriction on the number or type of license a | |
| 1862 | + | 57.20business may hold applies to every cooperative member or every director, manager, and | |
| 1863 | + | 57.21general partner of a cannabis business. | |
| 1864 | + | 57.22 Subd. 5.Cultivation operations.A cannabis cultivator must comply with the | |
| 1865 | + | 57.23requirements in section 342.25. | |
| 1866 | + | 57.24 Subd. 6.Limitations on health care practitioners.A health care practitioner who | |
| 1867 | + | 57.25certifies qualifying medical conditions for patients is prohibited from: | |
| 1868 | + | 57.26 (1) holding a direct or indirect economic interest in a cannabis cultivator; | |
| 1869 | + | 57.27 (2) serving as a cooperative member, director, manager, general partner, or employee | |
| 1870 | + | 57.28of a cannabis cultivator; or | |
| 1871 | + | 57.29 (3) advertising with a cannabis cultivator in any way. | |
| 1872 | + | 57.30 Subd. 7.Remuneration.A cannabis cultivator is prohibited from: | |
| 1873 | + | 57.31 (1) accepting or soliciting any form of remuneration from a health care practitioner who | |
| 1874 | + | 57.32certifies qualifying medical conditions for patients; or | |
| 1873 | 1875 | 57Article 1 Sec. 23. | |
| 1874 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 58.1 (d) For purposes of this subdivision, a restriction on the number or type of license a | |
| 1875 | - | 58.2business may hold applies to every cooperative member or every director, manager, and | |
| 1876 | - | 58.3general partner of a cannabis business. | |
| 1877 | - | 58.4 Subd. 5.Cultivation operations.A cannabis cultivator must comply with the | |
| 1878 | - | 58.5requirements in section 342.25. | |
| 1879 | - | 58.6 Subd. 6.Limitations on health care practitioners.A health care practitioner who | |
| 1880 | - | 58.7certifies qualifying medical conditions for patients is prohibited from: | |
| 1881 | - | 58.8 (1) holding a direct or indirect economic interest in a cannabis cultivator; | |
| 1882 | - | 58.9 (2) serving as a cooperative member, director, manager, general partner, or employee | |
| 1883 | - | 58.10of a cannabis cultivator; or | |
| 1884 | - | 58.11 (3) advertising with a cannabis cultivator in any way. | |
| 1885 | - | 58.12 Subd. 7.Remuneration.A cannabis cultivator is prohibited from: | |
| 1886 | - | 58.13 (1) accepting or soliciting any form of remuneration from a health care practitioner who | |
| 1887 | - | 58.14certifies qualifying medical conditions for patients; or | |
| 1888 | - | 58.15 (2) offering any form of remuneration to a health care practitioner who certifies qualifying | |
| 1889 | - | 58.16medical conditions for patients. | |
| 1890 | - | 58.17Sec. 24. [342.22] RETAILERS; LOCAL REGISTRATION AND ENFORCEMENT . | |
| 1891 | - | 58.18 Subdivision 1.Registration required.Before making retail sales to customers or patients, | |
| 1892 | - | 58.19a cannabis microbusiness with a retail operations endorsement, cannabis mezzobusiness | |
| 1893 | - | 58.20with a retail operations endorsement, cannabis retailer, medical cannabis retailer, or | |
| 1894 | - | 58.21lower-potency hemp edible retailer must register with the city, town, or county in which | |
| 1895 | - | 58.22the retail establishment is located. A county may issue a registration in cases where a city | |
| 1896 | - | 58.23or town has provided consent for the county to issue the registration for the jurisdiction. | |
| 1897 | - | 58.24 Subd. 2.Registration fee.(a) A local unit of government may impose an initial retail | |
| 1898 | - | 58.25registration fee of up to half the amount of the applicable initial license fee under section | |
| 1899 | - | 58.26342.11. The local unit of government may also impose a renewal retail registration fee of | |
| 1900 | - | 58.27up to half the amount of the applicable renewal license fee under section 342.11. The initial | |
| 1901 | - | 58.28license fee shall include the fee for initial registration and the first annual renewal. Any | |
| 1902 | - | 58.29renewal fee imposed by the local unit of government shall be charged at the time of the | |
| 1903 | - | 58.30second renewal and each subsequent annual renewal thereafter. | |
| 1904 | - | 58.31 (b) The local unit of government may not charge an application fee. | |
| 1876 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 58.1 (2) offering any form of remuneration to a health care practitioner who certifies qualifying | |
| 1877 | + | 58.2medical conditions for patients. | |
| 1878 | + | 58.3 Sec. 24. [342.22] RETAILERS; LOCAL REGISTRATION AND ENFORCEMENT . | |
| 1879 | + | 58.4 Subdivision 1.Registration required.Before making retail sales to customers or patients, | |
| 1880 | + | 58.5a cannabis microbusiness with a retail operations endorsement, cannabis mezzobusiness | |
| 1881 | + | 58.6with a retail operations endorsement, cannabis retailer, medical cannabis retailer, or | |
| 1882 | + | 58.7lower-potency hemp edible retailer must register with the city, town, or county in which | |
| 1883 | + | 58.8the retail establishment is located. A county may issue a registration in cases where a city | |
| 1884 | + | 58.9or town has provided consent for the county to issue the registration for the jurisdiction. | |
| 1885 | + | 58.10 Subd. 2.Registration fee.(a) A local unit of government may impose an initial retail | |
| 1886 | + | 58.11registration fee of up to half the amount of the applicable initial license fee under section | |
| 1887 | + | 58.12342.11. The local unit of government may also impose a renewal retail registration fee of | |
| 1888 | + | 58.13up to half the amount of the applicable renewal license fee under section 342.11. The initial | |
| 1889 | + | 58.14license fee shall include the fee for initial registration and the first annual renewal. Any | |
| 1890 | + | 58.15renewal fee imposed by the local unit of government shall be charged at the time of the | |
| 1891 | + | 58.16second renewal and each subsequent annual renewal thereafter. | |
| 1892 | + | 58.17 (b) The local unit of government may not charge an application fee. | |
| 1893 | + | 58.18 (c) A cannabis business with a cannabis retailer license and a medical cannabis retailer | |
| 1894 | + | 58.19license for the same location may only be charged a single registration fee. | |
| 1895 | + | 58.20 (d) Registration fees are nonrefundable. | |
| 1896 | + | 58.21 Subd. 3.Issuance of registration.(a) A local unit of government shall issue a retail | |
| 1897 | + | 58.22registration to a cannabis microbusiness with a retail operations endorsement, cannabis | |
| 1898 | + | 58.23mezzobusiness with a retail operations endorsement, cannabis retailer, medical cannabis | |
| 1899 | + | 58.24retailer, or lower-potency hemp edible retailer that: | |
| 1900 | + | 58.25 (1) has a valid license issued by the office; | |
| 1901 | + | 58.26 (2) has paid the registration fee or renewal fee pursuant to subdivision 2; | |
| 1902 | + | 58.27 (3) is found to be in compliance with the requirements of this chapter at any preliminary | |
| 1903 | + | 58.28compliance check that the local unit of government performs; and | |
| 1904 | + | 58.29 (4) if applicable, is current on all property taxes and assessments at the location where | |
| 1905 | + | 58.30the retail establishment is located. | |
| 1906 | + | 58.31 (b) Before issuing a retail registration, the local unit of government may conduct a | |
| 1907 | + | 58.32preliminary compliance check to ensure that the cannabis business or hemp business is in | |
| 1905 | 1908 | 58Article 1 Sec. 24. | |
| 1906 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 59.1 (c) A cannabis business with a cannabis retailer license and a medical cannabis retailer | |
| 1907 | - | 59.2license for the same location may only be charged a single registration fee. | |
| 1908 | - | 59.3 (d) Registration fees are nonrefundable. | |
| 1909 | - | 59.4 Subd. 3.Issuance of registration.(a) A local unit of government shall issue a retail | |
| 1910 | - | 59.5registration to a cannabis microbusiness with a retail operations endorsement, cannabis | |
| 1911 | - | 59.6mezzobusiness with a retail operations endorsement, cannabis retailer, medical cannabis | |
| 1912 | - | 59.7retailer, or lower-potency hemp edible retailer that: | |
| 1913 | - | 59.8 (1) has a valid license issued by the office; | |
| 1914 | - | 59.9 (2) has paid the registration fee or renewal fee pursuant to subdivision 2; | |
| 1915 | - | 59.10 (3) is found to be in compliance with the requirements of this chapter at any preliminary | |
| 1916 | - | 59.11compliance check that the local unit of government performs; and | |
| 1917 | - | 59.12 (4) if applicable, is current on all property taxes and assessments at the location where | |
| 1918 | - | 59.13the retail establishment is located. | |
| 1919 | - | 59.14 (b) Before issuing a retail registration, the local unit of government may conduct a | |
| 1920 | - | 59.15preliminary compliance check to ensure that the cannabis business or hemp business is in | |
| 1921 | - | 59.16compliance with the applicable operation requirements and the limits on the types of cannabis | |
| 1922 | - | 59.17flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products | |
| 1923 | - | 59.18that may be sold. | |
| 1924 | - | 59.19 (c) A local unit of government shall renew the retail registration of a cannabis business | |
| 1925 | - | 59.20or hemp business when the office renews the license of the cannabis business or hemp | |
| 1926 | - | 59.21business. | |
| 1927 | - | 59.22 (d) A retail registration issued under this section may not be transferred. | |
| 1928 | - | 59.23 Subd. 4.Compliance checks.(a) A local unit of government shall conduct compliance | |
| 1929 | - | 59.24checks of every cannabis business and hemp business with a retail registration issued by | |
| 1930 | - | 59.25the local unit of government. The checks shall assess compliance with age verification | |
| 1931 | - | 59.26requirements, the applicable operation requirements, and the applicable limits on the types | |
| 1932 | - | 59.27of cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived | |
| 1933 | - | 59.28consumer products being sold. | |
| 1934 | - | 59.29 (b) The local unit of government must conduct unannounced age verification compliance | |
| 1935 | - | 59.30checks at least once each calendar year. Age verification compliance checks must involve | |
| 1936 | - | 59.31persons at least 17 years of age, but under the age of 21, who, with the prior written consent | |
| 1937 | - | 59.32of a parent or guardian if the person is under the age of 18, attempt to purchase adult-use | |
| 1909 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 59.1compliance with the applicable operation requirements and the limits on the types of cannabis | |
| 1910 | + | 59.2flower, cannabinoid products, and hemp-derived consumer products that may be sold. | |
| 1911 | + | 59.3 (c) A local unit of government shall renew the retail registration of a cannabis business | |
| 1912 | + | 59.4or hemp business when the office renews the license of the cannabis business or hemp | |
| 1913 | + | 59.5business. | |
| 1914 | + | 59.6 (d) A retail registration issued under this section may not be transferred. | |
| 1915 | + | 59.7 Subd. 4.Compliance checks.(a) A local unit of government shall conduct compliance | |
| 1916 | + | 59.8checks of every cannabis business and hemp business with a retail registration issued by | |
| 1917 | + | 59.9the local unit of government. The checks shall assess compliance with age verification | |
| 1918 | + | 59.10requirements, the applicable operation requirements, and the applicable limits on the types | |
| 1919 | + | 59.11of cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived | |
| 1920 | + | 59.12consumer products being sold. | |
| 1921 | + | 59.13 (b) The local unit of government must conduct unannounced age verification compliance | |
| 1922 | + | 59.14checks at least once each calendar year. Age verification compliance checks must involve | |
| 1923 | + | 59.15persons at least 17 years of age, but under the age of 21, who, with the prior written consent | |
| 1924 | + | 59.16of a parent or guardian if the person is under the age of 18, attempt to purchase cannabis | |
| 1925 | + | 59.17flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products | |
| 1926 | + | 59.18under the direct supervision of a law enforcement officer or an employee of the local unit | |
| 1927 | + | 59.19of government. | |
| 1928 | + | 59.20 (c) Checks to ensure compliance with the applicable operation requirements and the | |
| 1929 | + | 59.21limits on the types of cannabis flower, cannabis products, lower-potency hemp edibles, and | |
| 1930 | + | 59.22hemp-derived consumer products that may be sold must be performed at least once each | |
| 1931 | + | 59.23calendar year and may be performed by a law enforcement officer or an employee of the | |
| 1932 | + | 59.24local unit of government. | |
| 1933 | + | 59.25 Subd. 5.Registration suspension and cancellation; notice to office; penalties.(a) If | |
| 1934 | + | 59.26a local unit of government determines that a cannabis business or hemp business with a | |
| 1935 | + | 59.27retail registration issued by the local unit of government is not operating in compliance with | |
| 1936 | + | 59.28the requirements of this chapter or that the operation of the business poses an immediate | |
| 1937 | + | 59.29threat to the health or safety of the public, the local unit of government may suspend the | |
| 1938 | + | 59.30retail registration of the cannabis business or hemp business. The local unit of government | |
| 1939 | + | 59.31must immediately notify the office of the suspension and shall include a description of the | |
| 1940 | + | 59.32grounds for the suspension. | |
| 1941 | + | 59.33 (b) The office shall review the retail registration suspension and may order reinstatement | |
| 1942 | + | 59.34of the retail registration or take any action described in section 342.17 or 342.18. | |
| 1938 | 1943 | 59Article 1 Sec. 24. | |
| 1939 | - | S0073- | |
| 1940 | - | 60. | |
| 1941 | - | 60. | |
| 1942 | - | 60.4 ( | |
| 1943 | - | 60. | |
| 1944 | - | 60. | |
| 1945 | - | 60. | |
| 1946 | - | 60. | |
| 1947 | - | 60. | |
| 1948 | - | 60. | |
| 1949 | - | 60. | |
| 1950 | - | 60. | |
| 1951 | - | 60. | |
| 1952 | - | 60. | |
| 1953 | - | 60. | |
| 1954 | - | 60. | |
| 1955 | - | 60. | |
| 1956 | - | 60. | |
| 1957 | - | 60. | |
| 1958 | - | 60. | |
| 1959 | - | 60. | |
| 1960 | - | 60. | |
| 1961 | - | 60. | |
| 1962 | - | 60. | |
| 1963 | - | 60.25 | |
| 1964 | - | 60. | |
| 1965 | - | 60. | |
| 1966 | - | 60. | |
| 1967 | - | 60. | |
| 1968 | - | 60. | |
| 1969 | - | 60. | |
| 1970 | - | 60. | |
| 1971 | - | 60. | |
| 1944 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 60.1 (c) The retail registration suspension must be for up to 30 days unless the office suspends | |
| 1945 | + | 60.2the license and operating privilege of the cannabis business or hemp business for a longer | |
| 1946 | + | 60.3period or revokes the license. | |
| 1947 | + | 60.4 (d) The local unit of government may reinstate the retail registration if the local unit of | |
| 1948 | + | 60.5government determines that any violation has been cured. The local unit of government | |
| 1949 | + | 60.6must reinstate the retail registration if the office orders reinstatement. | |
| 1950 | + | 60.7 (e) No cannabis microbusiness with a retail operations endorsement, cannabis | |
| 1951 | + | 60.8mezzobusiness with a retail operations endorsement, cannabis retailer, medical cannabis | |
| 1952 | + | 60.9retailer, or lower-potency hemp edible retailer may make any sale to a customer or patient | |
| 1953 | + | 60.10without a valid retail registration. A local unit of government may impose a civil penalty | |
| 1954 | + | 60.11of up to $2,000 for each violation of this paragraph. | |
| 1955 | + | 60.12Sec. 25. [342.23] CANNABIS BUSINESSES AND HEMP BUSINESSES; GENERAL | |
| 1956 | + | 60.13OPERATIONAL REQUIREMENTS. | |
| 1957 | + | 60.14 Subdivision 1.Records.(a) Cannabis businesses and hemp businesses must retain | |
| 1958 | + | 60.15financial records for the current and previous tax year at the primary business location and | |
| 1959 | + | 60.16must make those records available for inspection by the office at any time during regular | |
| 1960 | + | 60.17business hours. | |
| 1961 | + | 60.18 (b) When applicable, a cannabis business or hemp business must maintain financial | |
| 1962 | + | 60.19records for the previous ten tax years and must make those records available for inspection | |
| 1963 | + | 60.20within one business day of receiving a request for inspection by the office. | |
| 1964 | + | 60.21 (c) The office may require a cannabis business or hemp business to submit to an audit | |
| 1965 | + | 60.22of its business records. The office may select or approve the auditor and the cannabis business | |
| 1966 | + | 60.23or hemp business must provide the auditor with access to all business records. The cost of | |
| 1967 | + | 60.24the audit must be paid by the cannabis business or hemp business. | |
| 1968 | + | 60.25 Subd. 2.Diversity report.Cannabis businesses and hemp businesses shall provide an | |
| 1969 | + | 60.26annual report on the status of diversity in the business ownership, management, and | |
| 1970 | + | 60.27employment and in services for which the business contracts. | |
| 1971 | + | 60.28 Subd. 3.Disposal; loss documentation.(a) Cannabis businesses and hemp businesses | |
| 1972 | + | 60.29must dispose of cannabis plants, cannabis flower, cannabis products, artificially derived | |
| 1973 | + | 60.30cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products that are | |
| 1974 | + | 60.31damaged, have a broken seal, have been contaminated, or have not been sold by the expiration | |
| 1975 | + | 60.32date on the label. | |
| 1976 | + | 60.33 (b) Disposal must be conducted in a manner approved by the office. | |
| 1972 | 1977 | 60Article 1 Sec. 25. | |
| 1973 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 61.1must make those records available for inspection by the office at any time during regular | |
| 1974 | - | 61.2business hours. | |
| 1975 | - | 61.3 (b) When applicable, a cannabis business or hemp business must maintain financial | |
| 1976 | - | 61.4records for the previous ten tax years and must make those records available for inspection | |
| 1977 | - | 61.5within one business day of receiving a request for inspection by the office. | |
| 1978 | - | 61.6 (c) The office may require a cannabis business or hemp business to submit to an audit | |
| 1979 | - | 61.7of its business records. The office may select or approve the auditor and the cannabis business | |
| 1980 | - | 61.8or hemp business must provide the auditor with access to all business records. The cost of | |
| 1981 | - | 61.9the audit must be paid by the cannabis business or hemp business. | |
| 1982 | - | 61.10 Subd. 2.Diversity report.Cannabis businesses and hemp businesses shall provide an | |
| 1983 | - | 61.11annual report on the status of diversity in the business ownership, management, and | |
| 1984 | - | 61.12employment and in services for which the business contracts. | |
| 1985 | - | 61.13 Subd. 3.Disposal; loss documentation.(a) Cannabis businesses and hemp businesses | |
| 1986 | - | 61.14must dispose of cannabis plants, cannabis flower, cannabis products, synthetically derived | |
| 1987 | - | 61.15cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products that are | |
| 1988 | - | 61.16damaged, have a broken seal, have been contaminated, or have not been sold by the expiration | |
| 1989 | - | 61.17date on the label. | |
| 1990 | - | 61.18 (b) Disposal must be conducted in a manner approved by the office. | |
| 1991 | - | 61.19 (c) Disposal of any cannabis plants, cannabis flower, cannabis products, synthetically | |
| 1992 | - | 61.20derived cannabinoids, and hemp-derived consumer products that are required to be entered | |
| 1993 | - | 61.21into the statewide monitoring system must be documented in the statewide monitoring | |
| 1994 | - | 61.22system. | |
| 1995 | - | 61.23 (d) Loss or theft of any cannabis plants, cannabis flower, cannabis products, synthetically | |
| 1996 | - | 61.24derived cannabinoids, lower-potency hemp edibles, or hemp-derived consumer products | |
| 1997 | - | 61.25that are required to be entered into the statewide monitoring system must be reported to | |
| 1998 | - | 61.26local law enforcement and a business must log any such loss or theft in the statewide | |
| 1999 | - | 61.27monitoring system as soon as the loss or theft is discovered. | |
| 2000 | - | 61.28 Subd. 4.Sale of approved products.Cannabis businesses and hemp businesses may | |
| 2001 | - | 61.29only sell cannabis plants, cannabis flower, cannabis products, synthetically derived | |
| 2002 | - | 61.30cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products that are | |
| 2003 | - | 61.31a type approved by the office and that comply with this chapter and rules adopted pursuant | |
| 2004 | - | 61.32to this chapter regarding the testing, packaging, and labeling of cannabis plants, cannabis | |
| 1978 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 61.1 (c) Disposal of any cannabis plants, cannabis flower, cannabis products, artificially | |
| 1979 | + | 61.2derived cannabinoids, and hemp-derived consumer products that are required to be entered | |
| 1980 | + | 61.3into the statewide monitoring system must be documented in the statewide monitoring | |
| 1981 | + | 61.4system. | |
| 1982 | + | 61.5 (d) Loss or theft of any cannabis plants, cannabis flower, cannabis products, synthetically | |
| 1983 | + | 61.6derived cannabinoids, or hemp-derived consumer products that are required to be entered | |
| 1984 | + | 61.7into the statewide monitoring system must be reported to local law enforcement and a | |
| 1985 | + | 61.8business must log any such loss or theft in the statewide monitoring system as soon as the | |
| 1986 | + | 61.9loss or theft is discovered. | |
| 1987 | + | 61.10 Subd. 4.Sale of approved products.Cannabis businesses and hemp businesses may | |
| 1988 | + | 61.11only sell cannabis plants, cannabis flower, cannabis products, synthetically derived | |
| 1989 | + | 61.12cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products that are | |
| 1990 | + | 61.13a type approved by the office and that comply with this chapter and rules adopted pursuant | |
| 1991 | + | 61.14to this chapter regarding the testing, packaging, and labeling of cannabis plants, cannabis | |
| 1992 | + | 61.15flower, cannabis products, synthetically derived cannabinoids, lower-potency hemp edibles, | |
| 1993 | + | 61.16and hemp-derived consumer products. | |
| 1994 | + | 61.17 Subd. 5.Financial relationship.(a) Except for the lawful sale of cannabis plants, | |
| 1995 | + | 61.18cannabis flower, cannabis products, synthetically derived cannabinoids, lower-potency | |
| 1996 | + | 61.19hemp edibles, and hemp-derived consumer products in the ordinary course of business and | |
| 1997 | + | 61.20as otherwise provided in this subdivision, no cannabis business or hemp business may offer, | |
| 1998 | + | 61.21give, accept, receive, or borrow money or anything else of value or accept or receive credit | |
| 1999 | + | 61.22from any other cannabis business. This prohibition applies to offering or receiving a benefit | |
| 2000 | + | 61.23in exchange for preferential placement by a retailer, including preferential placement on | |
| 2001 | + | 61.24the retailer's shelves, display cases, or website. This prohibition applies to every cooperative | |
| 2002 | + | 61.25member or every director, manager, and general partner of a cannabis business or hemp | |
| 2003 | + | 61.26business. | |
| 2004 | + | 61.27 (b) This prohibition does not apply to merchandising credit in the ordinary course of | |
| 2005 | + | 61.28business for a period not to exceed 30 days. | |
| 2006 | + | 61.29 (c) This prohibition does not apply to free samples of useable cannabis flower, cannabis | |
| 2007 | + | 61.30products, lower-potency hemp edibles, or hemp-derived consumer products packaged in a | |
| 2008 | + | 61.31sample jar protected by a plastic or metal mesh screen to allow customers to smell the | |
| 2009 | + | 61.32cannabis flower, cannabis product, lower-potency hemp edible, or hemp-derived consumer | |
| 2010 | + | 61.33product before purchase. A sample jar may not contain more than eight grams of useable | |
| 2011 | + | 61.34cannabis flower, eight grams of a cannabis concentrate, an edible cannabis product infused | |
| 2005 | 2012 | 61Article 1 Sec. 25. | |
| 2006 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 62.1flower, cannabis products, synthetically derived cannabinoids, lower-potency hemp edibles, | |
| 2007 | - | 62.2and hemp-derived consumer products. | |
| 2008 | - | 62.3 Subd. 5.Financial relationship.(a) Except for the lawful sale of cannabis plants, | |
| 2009 | - | 62.4cannabis flower, cannabis products, synthetically derived cannabinoids, lower-potency | |
| 2010 | - | 62.5hemp edibles, and hemp-derived consumer products in the ordinary course of business and | |
| 2011 | - | 62.6as otherwise provided in this subdivision, no cannabis business or hemp business may offer, | |
| 2012 | - | 62.7give, accept, receive, or borrow money or anything else of value or accept or receive credit | |
| 2013 | - | 62.8from any other cannabis business. This prohibition applies to offering or receiving a benefit | |
| 2014 | - | 62.9in exchange for preferential placement by a retailer, including preferential placement on | |
| 2015 | - | 62.10the retailer's shelves, display cases, or website. This prohibition applies to every cooperative | |
| 2016 | - | 62.11member or every director, manager, and general partner of a cannabis business or hemp | |
| 2017 | - | 62.12business. | |
| 2018 | - | 62.13 (b) This prohibition does not apply to merchandising credit in the ordinary course of | |
| 2019 | - | 62.14business for a period not to exceed 30 days. | |
| 2020 | - | 62.15 (c) This prohibition does not apply to free samples of useable cannabis flower, cannabis | |
| 2021 | - | 62.16products, lower-potency hemp edibles, or hemp-derived consumer products packaged in a | |
| 2022 | - | 62.17sample jar protected by a plastic or metal mesh screen to allow customers to smell the | |
| 2023 | - | 62.18cannabis flower, cannabis product, lower-potency hemp edible, or hemp-derived consumer | |
| 2024 | - | 62.19product before purchase. A sample jar may not contain more than eight grams of useable | |
| 2025 | - | 62.20cannabis flower, eight grams of a cannabis concentrate, an edible cannabis product infused | |
| 2026 | - | 62.21with 100 milligrams of tetrahydrocannabinol, a lower-potency hemp edible infused with | |
| 2027 | - | 62.2250 milligrams of tetrahydrocannabinol, or a hemp-derived consumer product with a total | |
| 2028 | - | 62.23weight of more than eight grams. | |
| 2029 | - | 62.24 (d) This prohibition does not apply to free samples of cannabis flower, cannabis products, | |
| 2030 | - | 62.25lower-potency hemp edibles, or hemp-derived consumer products provided to a retailer or | |
| 2031 | - | 62.26cannabis wholesaler for the purposes of quality control and to allow retailers to determine | |
| 2032 | - | 62.27whether to offer a product for sale. A sample provided for these purposes may not contain | |
| 2033 | - | 62.28more than eight grams of useable cannabis flower, eight grams of a cannabis concentrate, | |
| 2034 | - | 62.29an edible cannabis product infused with 100 milligrams of tetrahydrocannabinol, a | |
| 2035 | - | 62.30lower-potency hemp edible infused with 50 milligrams of tetrahydrocannabinol, or a | |
| 2036 | - | 62.31hemp-derived consumer product with a total weight of more than eight grams. | |
| 2037 | - | 62.32 (e) This prohibition does not apply to any fee charged by a licensed cannabis event | |
| 2038 | - | 62.33organizer to a cannabis business or hemp business for participation in a cannabis event. | |
| 2039 | - | 62Article 1 Sec. 25. | |
| 2040 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 63.1 Subd. 6.Customer privacy.Cannabis businesses and hemp businesses must not share | |
| 2041 | - | 63.2data on retail or wholesale customers with any federal agency, federal department, or federal | |
| 2042 | - | 63.3entity unless specifically ordered by a state or federal court. | |
| 2043 | - | 63.4 Sec. 26. [342.24] CANNABIS MANUFACTURER LICENSING AND OPERATIONS. | |
| 2044 | - | 63.5 Subdivision 1.Authorized actions.A cannabis manufacturer license, consistent with | |
| 2045 | - | 63.6the specific license endorsement or endorsements, entitles the license holder to: | |
| 2046 | - | 63.7 (1) purchase cannabis flower, cannabis products, hemp plant parts, hemp concentrate, | |
| 2047 | - | 63.8and synthetically derived cannabinoids from a cannabis microbusiness, a cannabis | |
| 2048 | - | 63.9mezzobusiness, a cannabis cultivator, another cannabis manufacturer, a cannabis wholesaler, | |
| 2049 | - | 63.10or an industrial hemp grower; | |
| 2050 | - | 63.11 (2) accept cannabis flower from unlicensed persons who are at least 21 years of age | |
| 2051 | - | 63.12provided that the cannabis manufacturer does not accept more than two ounces from an | |
| 2052 | - | 63.13individual on a single occasion; | |
| 2053 | - | 63.14 (3) make cannabis concentrate; | |
| 2054 | - | 63.15 (4) make hemp concentrate, including hemp concentrate with a delta-9 | |
| 2055 | - | 63.16tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; | |
| 2056 | - | 63.17 (5) manufacture synthetically derived cannabinoids; | |
| 2057 | - | 63.18 (6) manufacture adult-use cannabis products, lower-potency hemp edibles, and | |
| 2058 | - | 63.19hemp-derived consumer products for public consumption; | |
| 2059 | - | 63.20 (7) package and label adult-use cannabis products, lower-potency hemp edibles, and | |
| 2060 | - | 63.21hemp-derived consumer products for customers; | |
| 2061 | - | 63.22 (8) sell cannabis concentrate, hemp concentrate, synthetically derived cannabinoids, | |
| 2062 | - | 63.23adult-use cannabis products, lower-potency hemp edibles, and hemp-derived consumer | |
| 2063 | - | 63.24products to other cannabis businesses; and | |
| 2064 | - | 63.25 (9) perform other actions approved by the office. | |
| 2065 | - | 63.26 Subd. 2.Size limitations.The office shall, by rule, establish a limit on the manufacturing | |
| 2066 | - | 63.27of adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 2067 | - | 63.28products a cannabis manufacturer may perform. The limit must be equivalent to the amount | |
| 2068 | - | 63.29of cannabis flower that can be harvested from a facility with a plant canopy of 15,000 square | |
| 2069 | - | 63.30feet in a year, but may be increased to the amount that can be harvested from a facility with | |
| 2070 | - | 63.31up to 30,000 cubic feet of plant canopy if the office expands the allowable area of cultivation | |
| 2071 | - | 63.32under section 342.21, subdivision 2. | |
| 2013 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 62.1with 100 milligrams of tetrahydrocannabinol, a lower-potency hemp edible infused with | |
| 2014 | + | 62.250 milligrams of tetrahydrocannabinol, or a hemp-derived consumer product with a total | |
| 2015 | + | 62.3weight of more than eight grams. | |
| 2016 | + | 62.4 (d) This prohibition does not apply to free samples of cannabis flower, cannabis products, | |
| 2017 | + | 62.5lower-potency hemp edibles, or hemp-derived consumer products provided to a retailer or | |
| 2018 | + | 62.6cannabis wholesaler for the purposes of quality control and to allow retailers to determine | |
| 2019 | + | 62.7whether to offer a product for sale. A sample provided for these purposes may not contain | |
| 2020 | + | 62.8more than eight grams of useable cannabis flower, eight grams of a cannabis concentrate, | |
| 2021 | + | 62.9an edible cannabis product infused with 100 milligrams of tetrahydrocannabinol, a | |
| 2022 | + | 62.10lower-potency hemp edible infused with 50 milligrams of tetrahydrocannabinol, or a | |
| 2023 | + | 62.11hemp-derived consumer product with a total weight of more than eight grams. | |
| 2024 | + | 62.12 (e) This prohibition does not apply to any fee charged by a licensed cannabis event | |
| 2025 | + | 62.13organizer to a cannabis business or hemp business for participation in a cannabis event. | |
| 2026 | + | 62.14 Subd. 6.Customer privacy.Cannabis businesses and hemp businesses must not share | |
| 2027 | + | 62.15data on retail or wholesale customers with any federal agency, federal department, or federal | |
| 2028 | + | 62.16entity unless specifically ordered by a state or federal court. | |
| 2029 | + | 62.17Sec. 26. [342.24] CANNABIS MANUFACTURER LICENSING AND OPERATIONS. | |
| 2030 | + | 62.18 Subdivision 1.Authorized actions.A cannabis manufacturer license, consistent with | |
| 2031 | + | 62.19the specific license endorsement or endorsements, entitles the license holder to: | |
| 2032 | + | 62.20 (1) purchase cannabis flower, cannabis products, hemp plant parts, hemp concentrate, | |
| 2033 | + | 62.21and synthetically derived cannabinoids from a cannabis microbusiness, a cannabis | |
| 2034 | + | 62.22mezzobusiness, a cannabis cultivator, another cannabis manufacturer, a cannabis wholesaler, | |
| 2035 | + | 62.23or an industrial hemp grower; | |
| 2036 | + | 62.24 (2) accept cannabis flower from unlicensed persons who are at least 21 years of age | |
| 2037 | + | 62.25provided that the cannabis manufacturer does not accept more than two ounces from an | |
| 2038 | + | 62.26individual on a single occasion; | |
| 2039 | + | 62.27 (3) make cannabis concentrate; | |
| 2040 | + | 62.28 (4) make hemp concentrate, including hemp concentrate with a delta-9 | |
| 2041 | + | 62.29tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; | |
| 2042 | + | 62.30 (5) manufacture synthetically derived cannabinoids; | |
| 2043 | + | 62.31 (6) manufacture adult-use cannabis products, lower-potency hemp edibles, and | |
| 2044 | + | 62.32hemp-derived consumer products for public consumption; | |
| 2045 | + | 62Article 1 Sec. 26. | |
| 2046 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 63.1 (7) package and label adult-use cannabis products, lower-potency hemp edibles, and | |
| 2047 | + | 63.2hemp-derived consumer products for customers; | |
| 2048 | + | 63.3 (8) sell cannabis concentrate, hemp concentrate, synthetically derived cannabinoids, | |
| 2049 | + | 63.4cannabis products, lower-potency hemp edibles, and hemp-derived consumer products to | |
| 2050 | + | 63.5other cannabis businesses; and | |
| 2051 | + | 63.6 (9) perform other actions approved by the office. | |
| 2052 | + | 63.7 Subd. 2.Size limitations.The office shall, by rule, establish a limit on the manufacturing | |
| 2053 | + | 63.8of cannabis products, lower-potency hemp edibles, or hemp-derived consumer products a | |
| 2054 | + | 63.9cannabis manufacturer may perform. The limit must be equivalent to the amount of cannabis | |
| 2055 | + | 63.10flower that can be harvested from a facility with a plant canopy of 15,000 square feet in a | |
| 2056 | + | 63.11year, but may be increased to the amount that can be harvested from a facility with up to | |
| 2057 | + | 63.1230,000 cubic feet of plant canopy if the office expands the allowable area of cultivation | |
| 2058 | + | 63.13under section 342.21, subdivision 2. | |
| 2059 | + | 63.14 Subd. 3.Additional information required.In addition to the information required to | |
| 2060 | + | 63.15be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2061 | + | 63.16a person, cooperative, or business seeking a cannabis manufacturer license must submit the | |
| 2062 | + | 63.17following information in a form approved by the office: | |
| 2063 | + | 63.18 (1) an operating plan demonstrating the proposed layout of the facility, including a | |
| 2064 | + | 63.19diagram of ventilation and filtration systems; plans for wastewater and waste disposal for | |
| 2065 | + | 63.20the manufacturing facility; plans for providing electricity, water, and other utilities necessary | |
| 2066 | + | 63.21for the normal operation of the manufacturing facility; and plans for compliance with | |
| 2067 | + | 63.22applicable building code and federal and state environmental and workplace safety | |
| 2068 | + | 63.23requirements; and | |
| 2069 | + | 63.24 (2) evidence that the business will comply with the applicable operation requirements | |
| 2070 | + | 63.25for the endorsement being sought. | |
| 2071 | + | 63.26 Subd. 4.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2072 | + | 63.27cannabis manufacturer license may also hold a cannabis cultivator license, a medical cannabis | |
| 2073 | + | 63.28cultivator license, a medical cannabis processor license, and a cannabis event organizer | |
| 2074 | + | 63.29license. | |
| 2075 | + | 63.30 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2076 | + | 63.31cannabis manufacturer license may own or operate any other cannabis business or hemp | |
| 2077 | + | 63.32business. This prohibition does not prevent transportation of cannabis flower from a cannabis | |
| 2072 | 2078 | 63Article 1 Sec. 26. | |
| 2073 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 64.1 Subd. 3.Additional information required.In addition to the information required to | |
| 2074 | - | 64.2be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2075 | - | 64.3a person, cooperative, or business seeking a cannabis manufacturer license must submit the | |
| 2076 | - | 64.4following information in a form approved by the office: | |
| 2077 | - | 64.5 (1) an operating plan demonstrating the proposed layout of the facility, including a | |
| 2078 | - | 64.6diagram of ventilation and filtration systems; plans for wastewater and waste disposal for | |
| 2079 | - | 64.7the manufacturing facility; plans for providing electricity, water, and other utilities necessary | |
| 2080 | - | 64.8for the normal operation of the manufacturing facility; and plans for compliance with | |
| 2081 | - | 64.9applicable building code and federal and state environmental and workplace safety | |
| 2082 | - | 64.10requirements; and | |
| 2083 | - | 64.11 (2) evidence that the business will comply with the applicable operation requirements | |
| 2084 | - | 64.12for the endorsement being sought. | |
| 2085 | - | 64.13 Subd. 4.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2086 | - | 64.14cannabis manufacturer license may also hold a cannabis cultivator license, a medical cannabis | |
| 2087 | - | 64.15cultivator license, a medical cannabis processor license, and a cannabis event organizer | |
| 2088 | - | 64.16license. | |
| 2089 | - | 64.17 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2090 | - | 64.18cannabis manufacturer license may own or operate any other cannabis business or hemp | |
| 2091 | - | 64.19business. This prohibition does not prevent transportation of cannabis flower from a cannabis | |
| 2092 | - | 64.20cultivator to a cannabis manufacturer licensed to the same person, cooperative, or business | |
| 2093 | - | 64.21and located on the same premises. | |
| 2094 | - | 64.22 (c) The office by rule may limit the number of cannabis manufacturer licenses that a | |
| 2095 | - | 64.23person or business may hold. | |
| 2096 | - | 64.24 (d) For purposes of this subdivision, a restriction on the number or type of license that | |
| 2097 | - | 64.25a business may hold applies to every cooperative member or every director, manager, and | |
| 2098 | - | 64.26general partner of a cannabis business. | |
| 2099 | - | 64.27 Subd. 5.Limitations on health care practitioners.A health care practitioner who | |
| 2100 | - | 64.28certifies qualifying medical conditions for patients is prohibited from: | |
| 2101 | - | 64.29 (1) holding a direct or indirect economic interest in a cannabis manufacturer; | |
| 2102 | - | 64.30 (2) serving as a cooperative member, director, manager, general partner, or employee | |
| 2103 | - | 64.31of a cannabis manufacturer; or | |
| 2104 | - | 64.32 (3) advertising with a cannabis manufacturer in any way. | |
| 2105 | - | 64Article 1 Sec. 26. | |
| 2106 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 65.1 Subd. 6.Remuneration.A cannabis manufacturer is prohibited from: | |
| 2107 | - | 65.2 (1) accepting or soliciting any form of remuneration from a health care practitioner who | |
| 2108 | - | 65.3certifies qualifying medical conditions for patients; or | |
| 2109 | - | 65.4 (2) offering any form of remuneration to a health care practitioner who certifies qualifying | |
| 2110 | - | 65.5medical conditions for patients. | |
| 2111 | - | 65.6 Subd. 7.Cultivation operations.A cannabis manufacturer must comply with the | |
| 2112 | - | 65.7requirements in section 342.25. | |
| 2113 | - | 65.8 Sec. 27. [342.25] CULTIVATION OF CANNABIS; GENERAL REQUIREMENTS. | |
| 2114 | - | 65.9 Subdivision 1.Applicability.Every cannabis business with a license or endorsement | |
| 2115 | - | 65.10authorizing the cultivation of cannabis must comply with the requirements of this section. | |
| 2116 | - | 65.11 Subd. 2.Cultivation records.A business licensed or authorized to cultivate cannabis | |
| 2117 | - | 65.12must prepare a cultivation record for each batch of cannabis plants and cannabis flower in | |
| 2118 | - | 65.13the form required by the office and must maintain each record for at least five years. The | |
| 2119 | - | 65.14cultivation record must include the quantity and timing, where applicable, of each pesticide, | |
| 2120 | - | 65.15fertilizer, soil amendment, or plant amendment used to cultivate the batch, as well as any | |
| 2121 | - | 65.16other information required by the office in rule. The cannabis business must present | |
| 2122 | - | 65.17cultivation records to the office, the commissioner of agriculture, or the commissioner of | |
| 2123 | - | 65.18health upon request. | |
| 2124 | - | 65.19 Subd. 3.Agricultural chemicals and other inputs.A business licensed or authorized | |
| 2125 | - | 65.20to cultivate cannabis is subject to rules promulgated by the office in consultation with the | |
| 2126 | - | 65.21commissioner of agriculture, subject to subdivision 5, governing the use of pesticides, | |
| 2127 | - | 65.22fertilizers, soil amendments, plant amendments, and other inputs to cultivate cannabis. | |
| 2128 | - | 65.23 Subd. 4.Cultivation plan.A business licensed or authorized to cultivate cannabis must | |
| 2129 | - | 65.24prepare, maintain, and execute an operating plan and a cultivation plan as directed by the | |
| 2130 | - | 65.25office in rule, which must include but is not limited to: | |
| 2131 | - | 65.26 (1) water usage; | |
| 2132 | - | 65.27 (2) recycling; | |
| 2133 | - | 65.28 (3) solid waste disposal; and | |
| 2134 | - | 65.29 (4) a pest management protocol that incorporates integrated pest management principles | |
| 2135 | - | 65.30to control or prevent the introduction of pests to the cultivation site. | |
| 2079 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 64.1cultivator to a cannabis manufacturer licensed to the same person, cooperative, or business | |
| 2080 | + | 64.2and located on the same premises. | |
| 2081 | + | 64.3 (c) The office by rule may limit the number of cannabis manufacturer licenses that a | |
| 2082 | + | 64.4person or business may hold. | |
| 2083 | + | 64.5 (d) For purposes of this subdivision, a restriction on the number or type of license that | |
| 2084 | + | 64.6a business may hold applies to every cooperative member or every director, manager, and | |
| 2085 | + | 64.7general partner of a cannabis business. | |
| 2086 | + | 64.8 Subd. 5.Limitations on health care practitioners.A health care practitioner who | |
| 2087 | + | 64.9certifies qualifying medical conditions for patients is prohibited from: | |
| 2088 | + | 64.10 (1) holding a direct or indirect economic interest in a cannabis manufacturer; | |
| 2089 | + | 64.11 (2) serving as a cooperative member, director, manager, general partner, or employee | |
| 2090 | + | 64.12of a cannabis manufacturer; or | |
| 2091 | + | 64.13 (3) advertising with a cannabis manufacturer in any way. | |
| 2092 | + | 64.14 Subd. 6.Remuneration.A cannabis manufacturer is prohibited from: | |
| 2093 | + | 64.15 (1) accepting or soliciting any form of remuneration from a health care practitioner who | |
| 2094 | + | 64.16certifies qualifying medical conditions for patients; or | |
| 2095 | + | 64.17 (2) offering any form of remuneration to a health care practitioner who certifies qualifying | |
| 2096 | + | 64.18medical conditions for patients. | |
| 2097 | + | 64.19 Subd. 7.Cultivation operations.A cannabis manufacturer must comply with the | |
| 2098 | + | 64.20requirements in section 342.25. | |
| 2099 | + | 64.21Sec. 27. [342.25] CULTIVATION OF CANNABIS; GENERAL REQUIREMENTS. | |
| 2100 | + | 64.22 Subdivision 1.Applicability.Every cannabis business with a license or endorsement | |
| 2101 | + | 64.23authorizing the cultivation of cannabis must comply with the requirements of this section. | |
| 2102 | + | 64.24 Subd. 2.Cultivation records.A business licensed or authorized to cultivate cannabis | |
| 2103 | + | 64.25must prepare a cultivation record for each batch of cannabis plants and cannabis flower in | |
| 2104 | + | 64.26the form required by the office and must maintain each record for at least five years. The | |
| 2105 | + | 64.27cultivation record must include the quantity and timing, where applicable, of each pesticide, | |
| 2106 | + | 64.28fertilizer, soil amendment, or plant amendment used to cultivate the batch, as well as any | |
| 2107 | + | 64.29other information required by the office in rule. The cannabis business must present | |
| 2108 | + | 64.30cultivation records to the office, the commissioner of agriculture, or the commissioner of | |
| 2109 | + | 64.31health upon request. | |
| 2110 | + | 64Article 1 Sec. 27. | |
| 2111 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 65.1 Subd. 3.Agricultural chemicals and other inputs.A business licensed or authorized | |
| 2112 | + | 65.2to cultivate cannabis is subject to rules promulgated by the office in consultation with the | |
| 2113 | + | 65.3commissioner of agriculture, subject to subdivision 5, governing the use of pesticides, | |
| 2114 | + | 65.4fertilizers, soil amendments, plant amendments, and other inputs to cultivate cannabis. | |
| 2115 | + | 65.5 Subd. 4.Cultivation plan.A business licensed or authorized to cultivate cannabis must | |
| 2116 | + | 65.6prepare, maintain, and execute an operating plan and a cultivation plan as directed by the | |
| 2117 | + | 65.7office in rule, which must include but is not limited to: | |
| 2118 | + | 65.8 (1) water usage; | |
| 2119 | + | 65.9 (2) recycling; | |
| 2120 | + | 65.10 (3) solid waste disposal; and | |
| 2121 | + | 65.11 (4) a pest management protocol that incorporates integrated pest management principles | |
| 2122 | + | 65.12to control or prevent the introduction of pests to the cultivation site. | |
| 2123 | + | 65.13 Subd. 5.Agricultural chemicals and other inputs; pollinator protection.(a) A business | |
| 2124 | + | 65.14licensed or authorized to cultivate cannabis must comply with chapters 18B, 18C, 18D, and | |
| 2125 | + | 65.15any other pesticide, fertilizer, soil amendment, and plant amendment laws and rules enforced | |
| 2126 | + | 65.16by the commissioner of agriculture. | |
| 2127 | + | 65.17 (b) A business licensed or authorized to cultivate cannabis must not apply pesticides | |
| 2128 | + | 65.18when pollinators are present or allow pesticides to drift to flowering plants that are attractive | |
| 2129 | + | 65.19to pollinators. | |
| 2130 | + | 65.20 Subd. 6.Adulteration prohibited.A business licensed or authorized to cultivate cannabis | |
| 2131 | + | 65.21must not treat or otherwise adulterate cannabis plants or cannabis flower with any substance | |
| 2132 | + | 65.22or compound that has the effect or intent of altering the color, appearance, weight, potency, | |
| 2133 | + | 65.23or odor of the cannabis. | |
| 2134 | + | 65.24 Subd. 7.Indoor or outdoor cultivation authorized; security.A business licensed or | |
| 2135 | + | 65.25authorized to cultivate cannabis may cultivate cannabis plants indoors or outdoors, subject | |
| 2136 | + | 65.26to the security, fencing, lighting, and any other requirements imposed by the office in rule. | |
| 2137 | + | 65.27 Subd. 8.Seed permit.The commissioner of agriculture may issue a genetically | |
| 2138 | + | 65.28engineered agriculturally related organism permit under chapter 18F for cannabis seed or | |
| 2139 | + | 65.29cannabis plants. | |
| 2140 | + | 65.30 Subd. 9.Exception.Nothing in this section applies to the cultivation of hemp plants. | |
| 2136 | 2141 | 65Article 1 Sec. 27. | |
| 2137 | - | S0073- | |
| 2138 | - | 66. | |
| 2139 | - | 66. | |
| 2140 | - | 66. | |
| 2141 | - | 66. | |
| 2142 | - | 66. | |
| 2143 | - | 66. | |
| 2144 | - | 66. | |
| 2145 | - | 66. | |
| 2146 | - | 66. | |
| 2147 | - | 66. | |
| 2148 | - | 66. | |
| 2149 | - | 66. | |
| 2150 | - | 66. | |
| 2151 | - | 66. | |
| 2152 | - | 66. | |
| 2153 | - | 66. | |
| 2154 | - | 66. | |
| 2155 | - | 66. | |
| 2156 | - | 66. | |
| 2157 | - | 66. | |
| 2158 | - | 66. | |
| 2159 | - | 66. | |
| 2160 | - | 66. | |
| 2161 | - | 66. | |
| 2162 | - | 66. | |
| 2163 | - | 66. | |
| 2164 | - | 66. | |
| 2165 | - | 66. | |
| 2166 | - | 66. | |
| 2167 | - | 66. | |
| 2168 | - | 66. | |
| 2142 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 66.1 Sec. 28. [342.26] MANUFACTURE OF CANNABIS PRODUCTS; GENERAL | |
| 2143 | + | 66.2REQUIREMENTS. | |
| 2144 | + | 66.3 Subdivision 1.Applicability.Every cannabis business with a license or endorsement | |
| 2145 | + | 66.4authorizing the creation of cannabis concentrate and manufacture of cannabis products and | |
| 2146 | + | 66.5hemp-derived consumer products for public consumption must comply with the requirements | |
| 2147 | + | 66.6of this section. | |
| 2148 | + | 66.7 Subd. 2.All manufacturer operations.(a) Cannabis manufacturing must take place in | |
| 2149 | + | 66.8an enclosed, locked facility that is used exclusively for the manufacture of cannabis products, | |
| 2150 | + | 66.9creation of hemp concentrate, creation of synthetically derived cannabinoids, creation of | |
| 2151 | + | 66.10lower-potency hemp edibles, or creation of hemp-derived consumer products except that a | |
| 2152 | + | 66.11business that also holds a cannabis cultivator license may operate in a facility that shares | |
| 2153 | + | 66.12general office space, bathrooms, entryways, and walkways. | |
| 2154 | + | 66.13 (b) Cannabis manufacturing must take place on equipment that is used exclusively for | |
| 2155 | + | 66.14the manufacture of cannabis products, creation of hemp concentrate, creation of synthetically | |
| 2156 | + | 66.15derived cannabinoids, creation of lower-potency hemp edibles, or creation of hemp-derived | |
| 2157 | + | 66.16consumer products. | |
| 2158 | + | 66.17 (c) A business licensed or authorized to manufacture cannabis products must comply | |
| 2159 | + | 66.18with all applicable packaging, labeling, and health and safety requirements. | |
| 2160 | + | 66.19 Subd. 3.Extraction and concentration.(a) A business licensed or authorized to | |
| 2161 | + | 66.20manufacture cannabis products that creates cannabis concentrate, hemp concentrate, or | |
| 2162 | + | 66.21synthetically derived cannabinoids must obtain an endorsement from the office. | |
| 2163 | + | 66.22 (b) A business licensed or authorized to manufacture cannabis products must inform the | |
| 2164 | + | 66.23office of all methods of extraction and concentration that the manufacturer intends to use | |
| 2165 | + | 66.24and identify the volatile chemicals, if any, that will be involved in the creation of cannabis | |
| 2166 | + | 66.25concentrate or hemp concentrate. A cannabis manufacturer may not use a method of | |
| 2167 | + | 66.26extraction and concentration or a volatile chemical without approval by the office. | |
| 2168 | + | 66.27 (c) A business licensed or authorized to manufacture cannabis products must inform the | |
| 2169 | + | 66.28office of all methods of conversion that the manufacturer will use, including any specific | |
| 2170 | + | 66.29catalysts that the manufacturer will employ, to create artificially derived cannabinoids and | |
| 2171 | + | 66.30the molecular nomenclature of all cannabinoids or other chemical compounds that the | |
| 2172 | + | 66.31manufacturer will create. A business licensed or authorized to manufacture cannabis products | |
| 2173 | + | 66.32may not use a method of conversion or a catalyst without approval by the office. | |
| 2169 | 2174 | 66Article 1 Sec. 28. | |
| 2170 | - | S0073- | |
| 2171 | - | 67. | |
| 2172 | - | 67. | |
| 2173 | - | 67. | |
| 2174 | - | 67.5 | |
| 2175 | - | 67. | |
| 2176 | - | 67. | |
| 2177 | - | 67. | |
| 2178 | - | 67. | |
| 2179 | - | 67. | |
| 2180 | - | 67. | |
| 2181 | - | 67. | |
| 2182 | - | 67.13 ( | |
| 2183 | - | 67. | |
| 2184 | - | 67. | |
| 2185 | - | 67. | |
| 2186 | - | 67. | |
| 2187 | - | 67. | |
| 2188 | - | 67. | |
| 2189 | - | 67. | |
| 2190 | - | 67. | |
| 2191 | - | 67. | |
| 2192 | - | 67. | |
| 2193 | - | 67. | |
| 2194 | - | 67.25 ( | |
| 2195 | - | 67. | |
| 2196 | - | 67. | |
| 2197 | - | 67. | |
| 2198 | - | 67.29 ( | |
| 2199 | - | 67. | |
| 2200 | - | 67.31 ( | |
| 2201 | - | 67. | |
| 2175 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 67.1 (d) A business licensed or authorized to manufacture cannabis products must obtain a | |
| 2176 | + | 67.2certification from an independent third-party industrial hygienist or professional engineer | |
| 2177 | + | 67.3approving: | |
| 2178 | + | 67.4 (1) all electrical, gas, fire suppression, and exhaust systems; and | |
| 2179 | + | 67.5 (2) the plan for safe storage and disposal of hazardous substances, including but not | |
| 2180 | + | 67.6limited to any volatile chemicals. | |
| 2181 | + | 67.7 (e) A business licensed or authorized to manufacture cannabis products that manufactures | |
| 2182 | + | 67.8cannabis concentrate from cannabis flower received from an unlicensed person who is at | |
| 2183 | + | 67.9least 21 years of age must comply with all health and safety requirements established by | |
| 2184 | + | 67.10the office. At a minimum, the office shall require the manufacturer to: | |
| 2185 | + | 67.11 (1) store the cannabis flower in an area that is segregated from cannabis flower and hemp | |
| 2186 | + | 67.12plant parts received from a licensed cannabis business; | |
| 2187 | + | 67.13 (2) perform the extraction and concentration on equipment that is used exclusively for | |
| 2188 | + | 67.14extraction or concentration of cannabis flower received from unlicensed individuals; | |
| 2189 | + | 67.15 (3) store any cannabis concentrate in an area that is segregated from cannabis concentrate, | |
| 2190 | + | 67.16hemp concentrate, or artificially derived cannabinoids derived or manufactured from cannabis | |
| 2191 | + | 67.17flower or hemp plant parts received from a licensed cannabis business; and | |
| 2192 | + | 67.18 (4) provide any cannabis concentrate only to the person who provided the cannabis | |
| 2193 | + | 67.19flower. | |
| 2194 | + | 67.20 (f) Upon the sale of cannabis concentrate, hemp concentrate, or synthetically derived | |
| 2195 | + | 67.21cannabinoids to any person, cooperative, or business, a business licensed or authorized to | |
| 2196 | + | 67.22manufacture cannabis products must provide a statement to the buyer that discloses the | |
| 2197 | + | 67.23method of extraction and concentration or conversion used and any solvents, gases, or | |
| 2198 | + | 67.24catalysts, including but not limited to any volatile chemicals, involved in that method. | |
| 2199 | + | 67.25 Subd. 4.Production of consumer products.(a) A business licensed or authorized to | |
| 2200 | + | 67.26manufacture cannabis products that produces edible cannabis products or lower-potency | |
| 2201 | + | 67.27hemp edibles must obtain an edible cannabinoid product handler endorsement from the | |
| 2202 | + | 67.28office. | |
| 2203 | + | 67.29 (b) A business licensed or authorized to manufacture cannabis products must obtain an | |
| 2204 | + | 67.30endorsement from the office to produce: | |
| 2205 | + | 67.31 (1) cannabis products other than edible cannabis products; or | |
| 2206 | + | 67.32 (2) hemp-derived consumer products other than lower-potency hemp edibles. | |
| 2202 | 2207 | 67Article 1 Sec. 28. | |
| 2203 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 68.1 (3) store any cannabis concentrate in an area that is segregated from cannabis concentrate, | |
| 2204 | - | 68.2hemp concentrate, or synthetically derived cannabinoids derived or manufactured from | |
| 2205 | - | 68.3cannabis flower or hemp plant parts received from a licensed cannabis business; and | |
| 2206 | - | 68.4 (4) provide any cannabis concentrate only to the person who provided the cannabis | |
| 2207 | - | 68.5flower. | |
| 2208 | - | 68.6 (f) Upon the sale of cannabis concentrate, hemp concentrate, or synthetically derived | |
| 2209 | - | 68.7cannabinoids to any person, cooperative, or business, a business licensed or authorized to | |
| 2210 | - | 68.8manufacture cannabis products must provide a statement to the buyer that discloses the | |
| 2211 | - | 68.9method of extraction and concentration or conversion used and any solvents, gases, or | |
| 2212 | - | 68.10catalysts, including but not limited to any volatile chemicals, involved in that method. | |
| 2213 | - | 68.11 Subd. 4.Production of consumer products.(a) A business licensed or authorized to | |
| 2214 | - | 68.12manufacture cannabis products that produces edible cannabis products or lower-potency | |
| 2215 | - | 68.13hemp edibles must obtain an edible cannabinoid product handler endorsement from the | |
| 2216 | - | 68.14office. | |
| 2217 | - | 68.15 (b) A business licensed or authorized to manufacture cannabis products must obtain an | |
| 2218 | - | 68.16endorsement from the office to produce: | |
| 2219 | - | 68.17 (1) cannabis products other than edible cannabis products; or | |
| 2220 | - | 68.18 (2) hemp-derived consumer products other than lower-potency hemp edibles. | |
| 2221 | - | 68.19 (c) All areas within the licensed premises of a business licensed or authorized to | |
| 2222 | - | 68.20manufacture cannabis products producing cannabis products, lower-potency hemp edibles, | |
| 2223 | - | 68.21or hemp-derived consumer products must meet the sanitary standards specified in rules | |
| 2224 | - | 68.22adopted by the office. | |
| 2225 | - | 68.23 (d) A business licensed or authorized to manufacture cannabis products may only add | |
| 2226 | - | 68.24chemicals or compounds approved by the office to cannabis concentrate, hemp concentrate, | |
| 2227 | - | 68.25or synthetically derived cannabinoids. | |
| 2228 | - | 68.26 (e) Upon the sale of any cannabis product, lower-potency hemp edible, or hemp-derived | |
| 2229 | - | 68.27consumer product to a cannabis business or hemp business, a business licensed or authorized | |
| 2230 | - | 68.28to manufacture cannabis products must provide a statement to the buyer that discloses the | |
| 2231 | - | 68.29product's ingredients, including but not limited to any chemicals or compounds and any | |
| 2232 | - | 68.30major food allergens declared by name. | |
| 2233 | - | 68.31 (f) A business licensed or authorized to manufacture cannabis products shall not add | |
| 2234 | - | 68.32any cannabis flower, cannabis concentrate, synthetically derived cannabinoid, hemp plant | |
| 2235 | - | 68.33part, or hemp concentrate to a product where the manufacturer of the product holds a | |
| 2236 | - | 68Article 1 Sec. 28. | |
| 2237 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 69.1trademark to the product's name, except that a business licensed or authorized to manufacture | |
| 2238 | - | 69.2cannabis products may use a trademarked food product if the manufacturer uses the product | |
| 2239 | - | 69.3as a component or as part of a recipe and where the business licensed or authorized to | |
| 2240 | - | 69.4manufacture cannabis products does not state or advertise to the customer that the final | |
| 2241 | - | 69.5retail cannabis product, lower-potency hemp edible, or hemp-derived consumer product | |
| 2242 | - | 69.6contains a trademarked food product. | |
| 2243 | - | 69.7 Subd. 5.Exception.Nothing in this section applies to the operations of a lower-potency | |
| 2244 | - | 69.8hemp edible manufacturer. | |
| 2245 | - | 69.9 Sec. 29. [342.27] ADULT-USE CANNABIS RETAILER LICENSING AND | |
| 2246 | - | 69.10OPERATIONS. | |
| 2247 | - | 69.11 Subdivision 1.Authorized actions.A cannabis retailer license entitles the license holder | |
| 2248 | - | 69.12to: | |
| 2249 | - | 69.13 (1) purchase immature cannabis plants and seedlings, adult-use cannabis flower, adult-use | |
| 2250 | - | 69.14cannabis products, lower-potency hemp edibles, and hemp-derived consumer products from | |
| 2251 | - | 69.15cannabis microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis | |
| 2252 | - | 69.16manufacturers, and cannabis wholesalers; | |
| 2253 | - | 69.17 (2) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use | |
| 2254 | - | 69.18cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and | |
| 2255 | - | 69.19other products authorized by law to customers; and | |
| 2256 | - | 69.20 (3) perform other actions approved by the office. | |
| 2257 | - | 69.21 Subd. 2.Size limitations.A cannabis retailer may operate up to five retail locations. | |
| 2258 | - | 69.22 Subd. 3.Additional information required.In addition to the information required to | |
| 2259 | - | 69.23be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2260 | - | 69.24a person, cooperative, or business seeking a cannabis retail license must submit the following | |
| 2261 | - | 69.25information in a form approved by the office: | |
| 2262 | - | 69.26 (1) a list of every retail license held by the applicant and, if the applicant is a business, | |
| 2263 | - | 69.27every retail license held, either as an individual or as part of another business, by each | |
| 2264 | - | 69.28officer, director, manager, and general partner of the cannabis business; | |
| 2265 | - | 69.29 (2) an operating plan demonstrating the proposed layout of the facility, including a | |
| 2266 | - | 69.30diagram of ventilation and filtration systems; policies to avoid sales to individuals who are | |
| 2267 | - | 69.31under 21 years of age; identification of a restricted area for storage; and plans to prevent | |
| 2208 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 68.1 (c) All areas within the licensed premises of a business licensed or authorized to | |
| 2209 | + | 68.2manufacture cannabis products producing cannabis products, lower-potency hemp edibles, | |
| 2210 | + | 68.3or hemp-derived consumer products must meet the sanitary standards specified in rules | |
| 2211 | + | 68.4adopted by the office. | |
| 2212 | + | 68.5 (d) A business licensed or authorized to manufacture cannabis products may only add | |
| 2213 | + | 68.6chemicals or compounds approved by the office to cannabis concentrate, hemp concentrate, | |
| 2214 | + | 68.7or synthetically derived cannabinoids. | |
| 2215 | + | 68.8 (e) Upon the sale of any cannabis product, lower-potency hemp edible, or hemp-derived | |
| 2216 | + | 68.9consumer product to a cannabis business or hemp business, a business licensed or authorized | |
| 2217 | + | 68.10to manufacture cannabis products must provide a statement to the buyer that discloses the | |
| 2218 | + | 68.11product's ingredients, including but not limited to any chemicals or compounds and any | |
| 2219 | + | 68.12major food allergens declared by name. | |
| 2220 | + | 68.13 (f) A business licensed or authorized to manufacture cannabis products shall not add | |
| 2221 | + | 68.14any cannabis flower, cannabis concentrate, synthetically derived cannabinoid, hemp plant | |
| 2222 | + | 68.15part, or hemp concentrate to a product where the manufacturer of the product holds a | |
| 2223 | + | 68.16trademark to the product's name, except that a business licensed or authorized to manufacture | |
| 2224 | + | 68.17cannabis products may use a trademarked food product if the manufacturer uses the product | |
| 2225 | + | 68.18as a component or as part of a recipe and where the business licensed or authorized to | |
| 2226 | + | 68.19manufacture cannabis products does not state or advertise to the customer that the final | |
| 2227 | + | 68.20retail cannabis product, lower-potency hemp edible, or hemp-derived consumer product | |
| 2228 | + | 68.21contains a trademarked food product. | |
| 2229 | + | 68.22 Subd. 5.Exception.Nothing in this section applies to the operations of a lower-potency | |
| 2230 | + | 68.23hemp edible manufacturer. | |
| 2231 | + | 68.24Sec. 29. [342.27] CANNABIS RETAILER LICENSING AND OPERATIONS. | |
| 2232 | + | 68.25 Subdivision 1.Authorized actions.A cannabis retailer license entitles the license holder | |
| 2233 | + | 68.26to: | |
| 2234 | + | 68.27 (1) purchase immature cannabis plants and seedlings, cannabis flower, cannabis products, | |
| 2235 | + | 68.28lower-potency hemp edibles, and hemp-derived consumer products from cannabis | |
| 2236 | + | 68.29microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, | |
| 2237 | + | 68.30cannabis wholesalers, and industrial hemp growers; | |
| 2238 | + | 68.31 (2) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use | |
| 2239 | + | 68.32cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and | |
| 2240 | + | 68.33other products authorized by law to customers; and | |
| 2241 | + | 68Article 1 Sec. 29. | |
| 2242 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 69.1 (3) perform other actions approved by the office. | |
| 2243 | + | 69.2 Subd. 2.Size limitations.A cannabis retailer may operate up to five retail locations. | |
| 2244 | + | 69.3 Subd. 3.Additional information required.In addition to the information required to | |
| 2245 | + | 69.4be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2246 | + | 69.5a person, cooperative, or business seeking a cannabis retail license must submit the following | |
| 2247 | + | 69.6information in a form approved by the office: | |
| 2248 | + | 69.7 (1) a list of every retail license held by the applicant and, if the applicant is a business, | |
| 2249 | + | 69.8every retail license held, either as an individual or as part of another business, by each | |
| 2250 | + | 69.9officer, director, manager, and general partner of the cannabis business; | |
| 2251 | + | 69.10 (2) an operating plan demonstrating the proposed layout of the facility, including a | |
| 2252 | + | 69.11diagram of ventilation and filtration systems; policies to avoid sales to individuals who are | |
| 2253 | + | 69.12under 21 years of age; identification of a restricted area for storage; and plans to prevent | |
| 2254 | + | 69.13the visibility of cannabis flower, cannabinoid products, and hemp-derived consumer products | |
| 2255 | + | 69.14to individuals outside the retail location; and | |
| 2256 | + | 69.15 (3) evidence that the business will comply with the applicable operation requirements | |
| 2257 | + | 69.16for the license being sought. | |
| 2258 | + | 69.17 Subd. 4.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2259 | + | 69.18cannabis retailer license may also hold a cannabis delivery service license, a medical cannabis | |
| 2260 | + | 69.19retailer license, and a cannabis event organizer license. | |
| 2261 | + | 69.20 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2262 | + | 69.21cannabis retailer license may own or operate any other cannabis business or hemp business. | |
| 2263 | + | 69.22 (c) No person, cooperative, or business may hold a license to own or operate more than | |
| 2264 | + | 69.23one cannabis retail business in one city and three retail businesses in one county. | |
| 2265 | + | 69.24 (d) The office by rule may limit the number of cannabis retailer licenses a person, | |
| 2266 | + | 69.25cooperative, or business may hold. | |
| 2267 | + | 69.26 (e) For purposes of this subdivision, a restriction on the number or type of license a | |
| 2268 | + | 69.27business may hold applies to every cooperative member or every director, manager, and | |
| 2269 | + | 69.28general partner of a cannabis business. | |
| 2270 | + | 69.29 Subd. 5.Municipal or county cannabis store.A city or county may establish, own, | |
| 2271 | + | 69.30and operate a municipal cannabis store subject to the restrictions in this chapter. | |
| 2272 | + | 69.31 Subd. 6.Limitations on health care practitioners.A health care practitioner who | |
| 2273 | + | 69.32certifies qualifying medical conditions for patients is prohibited from: | |
| 2268 | 2274 | 69Article 1 Sec. 29. | |
| 2269 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 70.1the visibility of cannabis flower, cannabis products, lower-potency hemp edibles, and | |
| 2270 | - | 70.2hemp-derived consumer products to individuals outside the retail location; and | |
| 2271 | - | 70.3 (3) evidence that the business will comply with the applicable operation requirements | |
| 2272 | - | 70.4for the license being sought. | |
| 2273 | - | 70.5 Subd. 4.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2274 | - | 70.6cannabis retailer license may also hold a cannabis delivery service license, a medical cannabis | |
| 2275 | - | 70.7retailer license, and a cannabis event organizer license. | |
| 2276 | - | 70.8 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2277 | - | 70.9cannabis retailer license may own or operate any other cannabis business or hemp business. | |
| 2278 | - | 70.10 (c) No person, cooperative, or business may hold a license to own or operate more than | |
| 2279 | - | 70.11one cannabis retail business in one city and three retail businesses in one county. | |
| 2280 | - | 70.12 (d) The office by rule may limit the number of cannabis retailer licenses a person, | |
| 2281 | - | 70.13cooperative, or business may hold. | |
| 2282 | - | 70.14 (e) For purposes of this subdivision, a restriction on the number or type of license a | |
| 2283 | - | 70.15business may hold applies to every cooperative member or every director, manager, and | |
| 2284 | - | 70.16general partner of a cannabis business. | |
| 2285 | - | 70.17 Subd. 5.Municipal or county cannabis store.A city or county may establish, own, | |
| 2286 | - | 70.18and operate a municipal cannabis store subject to the restrictions in this chapter. | |
| 2287 | - | 70.19 Subd. 6.Limitations on health care practitioners.A health care practitioner who | |
| 2288 | - | 70.20certifies qualifying medical conditions for patients is prohibited from: | |
| 2289 | - | 70.21 (1) holding a direct or indirect economic interest in a cannabis retailer; | |
| 2290 | - | 70.22 (2) serving as a cooperative member, director, manager, general partner, or employee | |
| 2291 | - | 70.23of a cannabis retailer; or | |
| 2292 | - | 70.24 (3) advertising with a cannabis retailer in any way. | |
| 2293 | - | 70.25 Subd. 7.Remuneration.A cannabis retailer is prohibited from: | |
| 2294 | - | 70.26 (1) accepting or soliciting any form of remuneration from a health care practitioner who | |
| 2295 | - | 70.27certifies qualifying medical conditions for patients; or | |
| 2296 | - | 70.28 (2) offering any form of remuneration to a health care practitioner who certifies qualifying | |
| 2297 | - | 70.29medical conditions for patients. | |
| 2298 | - | 70Article 1 Sec. 29. | |
| 2299 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 71.1 Sec. 30. [342.28] RETAIL SALE OF CANNABIS FLOWER AND PRODUCTS; | |
| 2300 | - | 71.2GENERAL REQUIREMENTS. | |
| 2301 | - | 71.3 Subdivision 1.Applicability.Every cannabis business with a license or endorsement | |
| 2302 | - | 71.4authorizing the retail sale of cannabis flower or cannabis products must comply with the | |
| 2303 | - | 71.5requirements of this section. | |
| 2304 | - | 71.6 Subd. 2.Sale of cannabis flower and cannabis products.(a) A cannabis business with | |
| 2305 | - | 71.7a license or endorsement authorizing the retail sale of cannabis flower or cannabis products | |
| 2306 | - | 71.8may only sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use | |
| 2307 | - | 71.9cannabis products, lower-potency hemp edibles, and hemp-derived consumer products to | |
| 2308 | - | 71.10individuals who are at least 21 years of age. | |
| 2309 | - | 71.11 (b) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2310 | - | 71.12adult-use cannabis flower or adult-use cannabis products may sell immature cannabis plants | |
| 2311 | - | 71.13and seedlings, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp | |
| 2312 | - | 71.14edibles, and hemp-derived consumer products that: | |
| 2313 | - | 71.15 (1) are obtained from a business licensed under this chapter; and | |
| 2314 | - | 71.16 (2) meet all applicable packaging and labeling requirements. | |
| 2315 | - | 71.17 (c) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2316 | - | 71.18cannabis flower or cannabis products may sell up to two ounces of adult-use cannabis flower | |
| 2317 | - | 71.19or hemp-derived consumer products consisting primarily of hemp plant parts, eight grams | |
| 2318 | - | 71.20of adult-use cannabis concentrate or hemp-derived consumer products consisting primarily | |
| 2319 | - | 71.21of hemp concentrate or synthetically derived cannabinoids, and edible cannabis products | |
| 2320 | - | 71.22and lower-potency hemp edibles infused with 800 milligrams of tetrahydrocannabinol during | |
| 2321 | - | 71.23a single transaction to a customer. | |
| 2322 | - | 71.24 (d) Edible cannabis products and hemp-derived consumer products intended to be eaten | |
| 2323 | - | 71.25or consumed as a beverage may not include more than ten milligrams of tetrahydrocannabinol | |
| 2324 | - | 71.26per serving and a single package may not include more than a total of 100 milligrams of | |
| 2325 | - | 71.27tetrahydrocannabinol. A package may contain multiple servings of ten milligrams of | |
| 2326 | - | 71.28tetrahydrocannabinol provided that each serving is indicated by scoring, wrapping, or other | |
| 2327 | - | 71.29indicators designating the individual serving size. | |
| 2328 | - | 71.30 Subd. 3.Sale of other products.(a) A cannabis business with a license or endorsement | |
| 2329 | - | 71.31authorizing the retail sale of cannabis flower or cannabis products may sell cannabis | |
| 2330 | - | 71.32paraphernalia, including but not limited to childproof packaging containers and other devices | |
| 2331 | - | 71.33designed to ensure the safe storage and monitoring of cannabis flower, cannabis products, | |
| 2275 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 70.1 (1) holding a direct or indirect economic interest in a cannabis retailer; | |
| 2276 | + | 70.2 (2) serving as a cooperative member, director, manager, general partner, or employee | |
| 2277 | + | 70.3of a cannabis retailer; or | |
| 2278 | + | 70.4 (3) advertising with a cannabis retailer in any way. | |
| 2279 | + | 70.5 Subd. 7.Remuneration.A cannabis retailer is prohibited from: | |
| 2280 | + | 70.6 (1) accepting or soliciting any form of remuneration from a health care practitioner who | |
| 2281 | + | 70.7certifies qualifying medical conditions for patients; or | |
| 2282 | + | 70.8 (2) offering any form of remuneration to a health care practitioner who certifies qualifying | |
| 2283 | + | 70.9medical conditions for patients. | |
| 2284 | + | 70.10Sec. 30. [342.28] RETAIL SALE OF CANNABIS FLOWER AND PRODUCTS; | |
| 2285 | + | 70.11GENERAL REQUIREMENTS. | |
| 2286 | + | 70.12 Subdivision 1.Applicability.Every cannabis business with a license or endorsement | |
| 2287 | + | 70.13authorizing the retail sale of cannabis flower or cannabis products must comply with the | |
| 2288 | + | 70.14requirements of this section. | |
| 2289 | + | 70.15 Subd. 2.Sale of cannabis and cannabis products.(a) A cannabis business with a | |
| 2290 | + | 70.16license or endorsement authorizing the retail sale of cannabis flower or cannabis products | |
| 2291 | + | 70.17may only sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use | |
| 2292 | + | 70.18cannabis products, lower-potency hemp edibles, and hemp-derived consumer products to | |
| 2293 | + | 70.19individuals who are at least 21 years of age. | |
| 2294 | + | 70.20 (b) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2295 | + | 70.21cannabis flower or cannabis products may sell immature cannabis plants and seedlings, | |
| 2296 | + | 70.22adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, and | |
| 2297 | + | 70.23hemp-derived consumer products that: | |
| 2298 | + | 70.24 (1) are obtained from a business licensed under this chapter; and | |
| 2299 | + | 70.25 (2) meet all applicable packaging and labeling requirements. | |
| 2300 | + | 70.26 (c) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2301 | + | 70.27cannabis flower or cannabis products may sell up to two ounces of adult-use cannabis flower | |
| 2302 | + | 70.28or hemp-derived consumer products consisting primarily of hemp plant parts, eight grams | |
| 2303 | + | 70.29of adult-use cannabis concentrate or hemp-derived consumer products consisting primarily | |
| 2304 | + | 70.30of hemp concentrate or artificially derived cannabinoids, and edible cannabis products and | |
| 2305 | + | 70.31lower-potency hemp edibles infused with 800 milligrams of tetrahydrocannabinol during | |
| 2306 | + | 70.32a single transaction to a customer. | |
| 2307 | + | 70Article 1 Sec. 30. | |
| 2308 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 71.1 (d) Edible cannabis products and hemp-derived consumer products intended to be eaten | |
| 2309 | + | 71.2or consumed as a beverage may not include more than ten milligrams of tetrahydrocannabinol | |
| 2310 | + | 71.3per serving and a single package may not include more than a total of 100 milligrams of | |
| 2311 | + | 71.4tetrahydrocannabinol. A package may contain multiple servings of ten milligrams of | |
| 2312 | + | 71.5tetrahydrocannabinol provided that each serving is indicated by scoring, wrapping, or other | |
| 2313 | + | 71.6indicators designating the individual serving size. | |
| 2314 | + | 71.7 Subd. 3.Sale of other products.(a) A cannabis business with a license or endorsement | |
| 2315 | + | 71.8authorizing the retail sale of cannabis flower or cannabis products may sell cannabis | |
| 2316 | + | 71.9paraphernalia, including but not limited to childproof packaging containers and other devices | |
| 2317 | + | 71.10designed to ensure the safe storage and monitoring of cannabis flower, cannabis products, | |
| 2318 | + | 71.11lower-potency hemp edibles, and hemp-derived consumer products in the home to prevent | |
| 2319 | + | 71.12access by individuals under 21 years of age. | |
| 2320 | + | 71.13 (b) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2321 | + | 71.14cannabis flower or cannabis products may sell hemp-derived topical products. | |
| 2322 | + | 71.15 (c) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2323 | + | 71.16cannabis flower or cannabis products may sell the following products that do not contain | |
| 2324 | + | 71.17cannabis flower, cannabis concentrate, hemp concentrate, artificially derived cannabinoids, | |
| 2325 | + | 71.18or tetrahydrocannabinol: | |
| 2326 | + | 71.19 (1) drinks that do not contain alcohol and are packaged in sealed containers labeled for | |
| 2327 | + | 71.20retail sale; | |
| 2328 | + | 71.21 (2) books and videos on the cultivation and use of cannabis flower and products that | |
| 2329 | + | 71.22contain cannabinoids; | |
| 2330 | + | 71.23 (3) magazines and other publications published primarily for information and education | |
| 2331 | + | 71.24on cannabis plants, cannabis flower, and products that contain cannabinoids; | |
| 2332 | + | 71.25 (4) multiple-use bags designed to carry purchased items; | |
| 2333 | + | 71.26 (5) clothing marked with the specific name, brand, or identifying logo of the retailer; | |
| 2334 | + | 71.27and | |
| 2335 | + | 71.28 (6) hemp fiber products and products that contain hemp grain. | |
| 2336 | + | 71.29 Subd. 4.Age verification.(a) Prior to initiating a sale, an employee of a cannabis | |
| 2337 | + | 71.30business with a license or endorsement authorizing the retail sale of cannabis flower or | |
| 2338 | + | 71.31cannabis products must verify that the customer is at least 21 years of age. | |
| 2339 | + | 71.32 (b) Proof of age may be established only by one of the following: | |
| 2332 | 2340 | 71Article 1 Sec. 30. | |
| 2333 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 72.1lower-potency hemp edibles, and hemp-derived consumer products in the home to prevent | |
| 2334 | - | 72.2access by individuals under 21 years of age. | |
| 2335 | - | 72.3 (b) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2336 | - | 72.4cannabis flower or cannabis products may sell hemp-derived topical products. | |
| 2337 | - | 72.5 (c) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2338 | - | 72.6cannabis flower or cannabis products may sell the following products that do not contain | |
| 2339 | - | 72.7cannabis flower, cannabis concentrate, hemp concentrate, synthetically derived cannabinoids, | |
| 2340 | - | 72.8or tetrahydrocannabinol: | |
| 2341 | - | 72.9 (1) drinks that do not contain alcohol and are packaged in sealed containers labeled for | |
| 2342 | - | 72.10retail sale; | |
| 2343 | - | 72.11 (2) books and videos on the cultivation and use of cannabis flower and products that | |
| 2344 | - | 72.12contain cannabinoids; | |
| 2345 | - | 72.13 (3) magazines and other publications published primarily for information and education | |
| 2346 | - | 72.14on cannabis plants, cannabis flower, and products that contain cannabinoids; | |
| 2347 | - | 72.15 (4) multiple-use bags designed to carry purchased items; | |
| 2348 | - | 72.16 (5) clothing marked with the specific name, brand, or identifying logo of the retailer; | |
| 2349 | - | 72.17and | |
| 2350 | - | 72.18 (6) hemp fiber products and products that contain hemp grain. | |
| 2351 | - | 72.19 Subd. 4.Age verification.(a) Prior to initiating a sale, an employee of a cannabis | |
| 2352 | - | 72.20business with a license or endorsement authorizing the retail sale of cannabis flower or | |
| 2353 | - | 72.21cannabis products must verify that the customer is at least 21 years of age. | |
| 2354 | - | 72.22 (b) Proof of age may be established only by one of the following: | |
| 2355 | - | 72.23 (1) a valid driver's license or identification card issued by Minnesota, another state, or | |
| 2356 | - | 72.24a province of Canada and including the photograph and date of birth of the licensed person; | |
| 2357 | - | 72.25 (2) a valid Tribal identification card as defined in section 171.072, paragraph (b); | |
| 2358 | - | 72.26 (3) a valid passport issued by the United States; | |
| 2359 | - | 72.27 (4) a valid instructional permit issued under section 171.05 to a person of legal age to | |
| 2360 | - | 72.28purchase adult-use cannabis flower or adult-use cannabis products, which includes a | |
| 2361 | - | 72.29photograph and the date of birth of the person issued the permit; or | |
| 2362 | - | 72.30 (5) in the case of a foreign national, a valid passport. | |
| 2341 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 72.1 (1) a valid driver's license or identification card issued by Minnesota, another state, or | |
| 2342 | + | 72.2a province of Canada and including the photograph and date of birth of the licensed person; | |
| 2343 | + | 72.3 (2) a valid Tribal identification card as defined in section 171.072, paragraph (b); | |
| 2344 | + | 72.4 (3) a valid passport issued by the United States; | |
| 2345 | + | 72.5 (4) a valid instructional permit issued under section 171.05 to a person of legal age to | |
| 2346 | + | 72.6purchase adult-use cannabis or adult-use cannabinoid products, which includes a photograph | |
| 2347 | + | 72.7and the date of birth of the person issued the permit; or | |
| 2348 | + | 72.8 (5) in the case of a foreign national, a valid passport. | |
| 2349 | + | 72.9 (c) A retailer may seize a form of identification listed under paragraph (b) if the cannabis | |
| 2350 | + | 72.10retailer has reasonable grounds to believe that the form of identification has been altered or | |
| 2351 | + | 72.11falsified or is being used to violate any law. A retailer that seizes a form of identification | |
| 2352 | + | 72.12as authorized under this paragraph must deliver it to a law enforcement agency within 24 | |
| 2353 | + | 72.13hours of seizing it. | |
| 2354 | + | 72.14 Subd. 5.Display of cannabis flower and products.(a) A cannabis business with a | |
| 2355 | + | 72.15license or endorsement authorizing the retail sale of cannabis flower or cannabis products | |
| 2356 | + | 72.16must designate a retail area where customers are permitted. The retail area shall include the | |
| 2357 | + | 72.17portion of the premises where samples of cannabis flower and cannabis products available | |
| 2358 | + | 72.18for sale are displayed. All other cannabis flower and cannabis products must be stored in | |
| 2359 | + | 72.19the secure storage area. | |
| 2360 | + | 72.20 (b) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2361 | + | 72.21cannabis flower or cannabis products may display one sample of each type of cannabis | |
| 2362 | + | 72.22flower or cannabis product available for sale. Samples of cannabis flower and cannabis | |
| 2363 | + | 72.23products must be stored in a sample jar or display case and be accompanied by a label or | |
| 2364 | + | 72.24notice containing the information required to be affixed to the packaging or container | |
| 2365 | + | 72.25containing cannabis flower and cannabis products sold to customers. A sample may not | |
| 2366 | + | 72.26consist of more than eight grams of adult-use cannabis flower or adult-use cannabis | |
| 2367 | + | 72.27concentrate or an edible cannabis product infused with more than 100 milligrams of | |
| 2368 | + | 72.28tetrahydrocannabinol. A cannabis retailer may allow customers to smell the cannabis flower | |
| 2369 | + | 72.29or cannabis product before purchase. | |
| 2370 | + | 72.30 (c) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2371 | + | 72.31cannabis flower or cannabis products may not sell cannabis flower or cannabis products | |
| 2372 | + | 72.32used as a sample for display. If the retailer uses display samples of lower-potency hemp | |
| 2363 | 2373 | 72Article 1 Sec. 30. | |
| 2364 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 73.1 (c) A retailer may seize a form of identification listed under paragraph (b) if the cannabis | |
| 2365 | - | 73.2retailer has reasonable grounds to believe that the form of identification has been altered or | |
| 2366 | - | 73.3falsified or is being used to violate any law. A retailer that seizes a form of identification | |
| 2367 | - | 73.4as authorized under this paragraph must deliver it to a law enforcement agency within 24 | |
| 2368 | - | 73.5hours of seizing it. | |
| 2369 | - | 73.6 Subd. 5.Display of cannabis flower and products.(a) A cannabis business with a | |
| 2370 | - | 73.7license or endorsement authorizing the retail sale of cannabis flower or cannabis products | |
| 2371 | - | 73.8must designate a retail area where customers are permitted. The retail area shall include the | |
| 2372 | - | 73.9portion of the premises where samples of cannabis flower and cannabis products available | |
| 2373 | - | 73.10for sale are displayed. All other cannabis flower and cannabis products must be stored in | |
| 2374 | - | 73.11the secure storage area. | |
| 2375 | - | 73.12 (b) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2376 | - | 73.13cannabis flower or cannabis products may display one sample of each type of cannabis | |
| 2377 | - | 73.14flower or cannabis product available for sale. Samples of cannabis flower and cannabis | |
| 2378 | - | 73.15products must be stored in a sample jar or display case and be accompanied by a label or | |
| 2379 | - | 73.16notice containing the information required to be affixed to the packaging or container | |
| 2380 | - | 73.17containing cannabis flower and cannabis products sold to customers. A sample may not | |
| 2381 | - | 73.18consist of more than eight grams of adult-use cannabis flower or adult-use cannabis | |
| 2382 | - | 73.19concentrate or an edible cannabis product infused with more than 100 milligrams of | |
| 2383 | - | 73.20tetrahydrocannabinol. A cannabis retailer may allow customers to smell the cannabis flower | |
| 2384 | - | 73.21or cannabis product before purchase. | |
| 2385 | - | 73.22 (c) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2386 | - | 73.23cannabis flower or cannabis products may not sell cannabis flower or cannabis products | |
| 2387 | - | 73.24used as a sample for display. If the retailer uses display samples of lower-potency hemp | |
| 2388 | - | 73.25edibles or hemp-derived consumer products, the retailer may not sell the product used as a | |
| 2389 | - | 73.26sample for display. | |
| 2390 | - | 73.27 Subd. 6.Posting of notices.A cannabis business with a license or endorsement | |
| 2391 | - | 73.28authorizing the retail sale of cannabis flower or cannabis products must post all notices as | |
| 2392 | - | 73.29required by the office, including but not limited to: | |
| 2393 | - | 73.30 (1) information about any product recall; | |
| 2394 | - | 73.31 (2) a statement that operating a motor vehicle under the influence of intoxicating | |
| 2395 | - | 73.32cannabinoids is illegal; and | |
| 2374 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 73.1edibles or hemp-derived consumer products, the retailer may not sell the product used as a | |
| 2375 | + | 73.2sample for display. | |
| 2376 | + | 73.3 Subd. 6.Posting of notices.A cannabis business with a license or endorsement | |
| 2377 | + | 73.4authorizing the retail sale of cannabis flower or cannabis products must post all notices as | |
| 2378 | + | 73.5required by the office, including but not limited to: | |
| 2379 | + | 73.6 (1) information about any product recall; | |
| 2380 | + | 73.7 (2) a statement that operating a motor vehicle under the influence of intoxicating | |
| 2381 | + | 73.8cannabinoids is illegal; and | |
| 2382 | + | 73.9 (3) a statement that cannabis flower, cannabis products, lower-potency hemp edibles, | |
| 2383 | + | 73.10and hemp-derived consumer products are only intended for consumption by individuals | |
| 2384 | + | 73.11who are at least 21 years of age. | |
| 2385 | + | 73.12 Subd. 7.Hours of operation.(a) Except as provided by paragraph (b), a cannabis retailer | |
| 2386 | + | 73.13may not sell cannabis flower, cannabis products, lower-potency hemp edibles, or | |
| 2387 | + | 73.14hemp-derived consumer products: | |
| 2388 | + | 73.15 (1) on Sundays, except between the hours of 11:00 a.m. and 6:00 p.m.; | |
| 2389 | + | 73.16 (2) before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday; | |
| 2390 | + | 73.17 (3) on Thanksgiving Day; | |
| 2391 | + | 73.18 (4) on Christmas Day, December 25; or | |
| 2392 | + | 73.19 (5) after 8:00 p.m. on Christmas Eve, December 24. | |
| 2393 | + | 73.20 (b) A city or county may adopt an ordinance to permit sales between 10:00 p.m. and | |
| 2394 | + | 73.218:00 a.m. on the days of Monday through Saturday or between 6:00 p.m. and 11:00 a.m. | |
| 2395 | + | 73.22on Sunday. | |
| 2396 | + | 73.23 (c) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2397 | + | 73.24cannabis flower or cannabis products may not be open to the public or sell any other products | |
| 2398 | + | 73.25at times when it is prohibited from selling cannabis flower, cannabis products, lower-potency | |
| 2399 | + | 73.26hemp edibles, and hemp-derived consumer products. | |
| 2400 | + | 73.27 Subd. 8.Building conditions.(a) A cannabis business with a license or endorsement | |
| 2401 | + | 73.28authorizing the retail sale of cannabis flower or cannabis products shall maintain compliance | |
| 2402 | + | 73.29with state and local building, fire, and zoning requirements or regulations. | |
| 2396 | 2403 | 73Article 1 Sec. 30. | |
| 2397 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 74.1 (3) a statement that cannabis flower, cannabis products, lower-potency hemp edibles, | |
| 2398 | - | 74.2and hemp-derived consumer products are only intended for consumption by individuals | |
| 2399 | - | 74.3who are at least 21 years of age. | |
| 2400 | - | 74.4 Subd. 7.Hours of operation.(a) Except as provided by paragraph (b), a cannabis retailer | |
| 2401 | - | 74.5may not sell cannabis flower, cannabis products, lower-potency hemp edibles, or | |
| 2402 | - | 74.6hemp-derived consumer products: | |
| 2403 | - | 74.7 (1) on Sundays, except between the hours of 11:00 a.m. and 6:00 p.m.; | |
| 2404 | - | 74.8 (2) before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday; | |
| 2405 | - | 74.9 (3) on Thanksgiving Day; | |
| 2406 | - | 74.10 (4) on Christmas Day, December 25; or | |
| 2407 | - | 74.11 (5) after 8:00 p.m. on Christmas Eve, December 24. | |
| 2408 | - | 74.12 (b) A city or county may adopt an ordinance to permit sales between 10:00 p.m. and | |
| 2409 | - | 74.138:00 a.m. on the days of Monday through Saturday or Sunday before 11:00 a.m. or after | |
| 2410 | - | 74.146:00 p.m. | |
| 2411 | - | 74.15 (c) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2412 | - | 74.16cannabis flower or cannabis products may not be open to the public or sell any other products | |
| 2413 | - | 74.17at times when it is prohibited from selling cannabis flower, cannabis products, lower-potency | |
| 2414 | - | 74.18hemp edibles, and hemp-derived consumer products. | |
| 2415 | - | 74.19 Subd. 8.Building conditions.(a) A cannabis business with a license or endorsement | |
| 2416 | - | 74.20authorizing the retail sale of cannabis flower or cannabis products shall maintain compliance | |
| 2417 | - | 74.21with state and local building, fire, and zoning requirements or regulations. | |
| 2418 | - | 74.22 (b) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2419 | - | 74.23cannabis flower or cannabis products shall ensure that the licensed premises is maintained | |
| 2420 | - | 74.24in a clean and sanitary condition, free from infestation by insects, rodents, or other pests. | |
| 2421 | - | 74.25 Subd. 9.Security.A cannabis business with a license or endorsement authorizing the | |
| 2422 | - | 74.26retail sale of cannabis flower or cannabis products shall maintain compliance with security | |
| 2423 | - | 74.27requirements established by the office, including but not limited to requirements for | |
| 2424 | - | 74.28maintaining video surveillance records, use of specific locking mechanisms, establishment | |
| 2425 | - | 74.29of secure entries, and the number of employees working at all times. | |
| 2426 | - | 74.30 Subd. 10.Lighting.A cannabis business with a license or endorsement authorizing the | |
| 2427 | - | 74.31retail sale of cannabis flower or cannabis products must keep all lighting outside and inside | |
| 2428 | - | 74.32the dispensary in good working order and wattage sufficient for security cameras. | |
| 2404 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 74.1 (b) A cannabis business with a license or endorsement authorizing the retail sale of | |
| 2405 | + | 74.2cannabis flower or cannabis products shall ensure that the licensed premises is maintained | |
| 2406 | + | 74.3in a clean and sanitary condition, free from infestation by insects, rodents, or other pests. | |
| 2407 | + | 74.4 Subd. 9.Security.A cannabis business with a license or endorsement authorizing the | |
| 2408 | + | 74.5retail sale of cannabis flower or cannabis products shall maintain compliance with security | |
| 2409 | + | 74.6requirements established by the office, including but not limited to requirements for | |
| 2410 | + | 74.7maintaining video surveillance records, use of specific locking mechanisms, establishment | |
| 2411 | + | 74.8of secure entries, and the number of employees working at all times. | |
| 2412 | + | 74.9 Subd. 10.Lighting.A cannabis business with a license or endorsement authorizing the | |
| 2413 | + | 74.10retail sale of cannabis flower or cannabis products must keep all lighting outside and inside | |
| 2414 | + | 74.11the dispensary in good working order and wattage sufficient for security cameras. | |
| 2415 | + | 74.12 Subd. 11.Deliveries.A cannabis business with a license or endorsement authorizing | |
| 2416 | + | 74.13the retail sale of cannabis flower or cannabis products may only accept deliveries of cannabis | |
| 2417 | + | 74.14flower, cannabis products, and hemp-derived consumer products into a limited access area. | |
| 2418 | + | 74.15Deliveries may not be accepted through the public access areas unless otherwise approved | |
| 2419 | + | 74.16by the office. | |
| 2420 | + | 74.17 Subd. 12.Prohibitions.A cannabis business with a license or endorsement authorizing | |
| 2421 | + | 74.18the retail sale of cannabis flower or cannabis products shall not: | |
| 2422 | + | 74.19 (1) sell cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 2423 | + | 74.20consumer products to a person who is visibly intoxicated; | |
| 2424 | + | 74.21 (2) knowingly sell more cannabis flower, cannabis products, lower-potency hemp edibles, | |
| 2425 | + | 74.22or hemp-derived consumer products than a customer is legally permitted to possess; | |
| 2426 | + | 74.23 (3) give away immature cannabis plants or seedlings, cannabis flower, cannabis products, | |
| 2427 | + | 74.24lower-potency hemp edibles, or hemp-derived consumer products; | |
| 2428 | + | 74.25 (4) operate a drive-through window; | |
| 2429 | + | 74.26 (5) allow for the dispensing of cannabis plants, cannabis flower, cannabis products, | |
| 2430 | + | 74.27lower-potency hemp edibles, or hemp-derived consumer products in vending machines; or | |
| 2431 | + | 74.28 (6) sell cannabis plants, cannabis flower, or cannabis products if the cannabis retailer | |
| 2432 | + | 74.29knows that any required security or statewide monitoring systems are not operational. | |
| 2433 | + | 74.30 Subd. 13.Adult-use and medical cannabis; co-location.(a) A cannabis business with | |
| 2434 | + | 74.31a license or endorsement authorizing the retail sale of adult-use cannabis flower or adult-use | |
| 2429 | 2435 | 74Article 1 Sec. 30. | |
| 2430 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 75.1 Subd. 11.Deliveries.A cannabis business with a license or endorsement authorizing | |
| 2431 | - | 75.2the retail sale of cannabis flower or cannabis products may only accept deliveries of cannabis | |
| 2432 | - | 75.3flower, cannabis products, and hemp-derived consumer products into a limited access area. | |
| 2433 | - | 75.4Deliveries may not be accepted through the public access areas unless otherwise approved | |
| 2434 | - | 75.5by the office. | |
| 2435 | - | 75.6 Subd. 12.Prohibitions.A cannabis business with a license or endorsement authorizing | |
| 2436 | - | 75.7the retail sale of cannabis flower or cannabis products shall not: | |
| 2437 | - | 75.8 (1) sell cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 2438 | - | 75.9consumer products to a person who is visibly intoxicated; | |
| 2439 | - | 75.10 (2) knowingly sell more cannabis flower, cannabis products, lower-potency hemp edibles, | |
| 2440 | - | 75.11or hemp-derived consumer products than a customer is legally permitted to possess; | |
| 2441 | - | 75.12 (3) give away immature cannabis plants or seedlings, cannabis flower, cannabis products, | |
| 2442 | - | 75.13lower-potency hemp edibles, or hemp-derived consumer products; | |
| 2443 | - | 75.14 (4) operate a drive-through window; | |
| 2444 | - | 75.15 (5) allow for the dispensing of cannabis plants, cannabis flower, cannabis products, | |
| 2445 | - | 75.16lower-potency hemp edibles, or hemp-derived consumer products in vending machines; or | |
| 2446 | - | 75.17 (6) sell cannabis plants, cannabis flower, or cannabis products if the cannabis retailer | |
| 2447 | - | 75.18knows that any required security or statewide monitoring systems are not operational. | |
| 2448 | - | 75.19 Subd. 13.Adult-use and medical cannabis; co-location.(a) A cannabis business with | |
| 2449 | - | 75.20a license or endorsement authorizing the retail sale of adult-use cannabis flower or adult-use | |
| 2450 | - | 75.21cannabis products that is also a licensed medical cannabis retailer may sell medical cannabis | |
| 2451 | - | 75.22flower and medical cannabinoid products on a portion of its premises. | |
| 2452 | - | 75.23 (b) The portion of the premises in which medical cannabis flower and medical | |
| 2453 | - | 75.24cannabinoid products are sold must be definite and distinct from all other areas of the | |
| 2454 | - | 75.25cannabis retailer and must provide an appropriate space for a pharmacist employee of the | |
| 2455 | - | 75.26medical cannabis retailer to consult with a patient to determine the proper type of medical | |
| 2456 | - | 75.27cannabis flower and medical cannabinoid products and proper dosage for the patient. | |
| 2457 | - | 75.28 Subd. 14.Exception.Nothing in this section applies to the operations of a lower-potency | |
| 2458 | - | 75.29hemp edible retailer. | |
| 2459 | - | 75Article 1 Sec. 30. | |
| 2460 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 76.1 Sec. 31. [342.29] CANNABIS MICROBUSINESS LICENSING AND OPERATIONS. | |
| 2461 | - | 76.2 Subdivision 1.Authorized actions.A cannabis microbusiness license, consistent with | |
| 2462 | - | 76.3the specific license endorsement or endorsements, entitles the license holder to perform any | |
| 2463 | - | 76.4or all of the following within the limits established by this section: | |
| 2464 | - | 76.5 (1) grow cannabis plants from seed or immature plant to mature plant and harvest | |
| 2465 | - | 76.6cannabis flower from mature plants; | |
| 2466 | - | 76.7 (2) make cannabis concentrate; | |
| 2467 | - | 76.8 (3) make hemp concentrate, including hemp concentrate with a delta-9 | |
| 2468 | - | 76.9tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; | |
| 2469 | - | 76.10 (4) manufacture synthetically derived cannabinoids; | |
| 2470 | - | 76.11 (5) manufacture adult-use cannabis products, lower-potency hemp edibles, and | |
| 2471 | - | 76.12hemp-derived consumer products for public consumption; | |
| 2472 | - | 76.13 (6) purchase immature cannabis plants and seedlings and cannabis flower from another | |
| 2473 | - | 76.14cannabis microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, or a cannabis | |
| 2474 | - | 76.15wholesaler; | |
| 2475 | - | 76.16 (7) purchase hemp plant parts from an industrial hemp grower; | |
| 2476 | - | 76.17 (8) purchase cannabis concentrate, hemp concentrate, and synthetically derived | |
| 2477 | - | 76.18cannabinoids from another cannabis microbusiness, a cannabis mezzobusiness, a cannabis | |
| 2478 | - | 76.19manufacturer, or a cannabis wholesaler for use in manufacturing adult-use cannabis products, | |
| 2479 | - | 76.20lower-potency hemp edibles, or hemp-derived consumer products; | |
| 2480 | - | 76.21 (9) package and label adult-use cannabis flower, adult-use cannabis products, | |
| 2481 | - | 76.22lower-potency hemp edibles, and hemp-derived consumer products for sale to customers; | |
| 2482 | - | 76.23 (10) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use | |
| 2483 | - | 76.24cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and | |
| 2484 | - | 76.25other products authorized by law to other cannabis businesses and to customers; | |
| 2485 | - | 76.26 (11) operate an establishment that permits on-site consumption of edible cannabis | |
| 2486 | - | 76.27products and lower-potency hemp edibles; and | |
| 2487 | - | 76.28 (12) perform other actions approved by the office. | |
| 2488 | - | 76.29 Subd. 2.Size limitations.(a) A cannabis microbusiness that cultivates cannabis may | |
| 2489 | - | 76.30cultivate up to 2,000 square feet of plant canopy unless the office, by rule, increases that | |
| 2490 | - | 76.31limit. The office may, by rule, increase the limit on plant canopy to no more than 5,000 | |
| 2436 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 75.1cannabis products that is also a licensed medical cannabis retailer may sell medical cannabis | |
| 2437 | + | 75.2flower and medical cannabinoid products on a portion of its premises. | |
| 2438 | + | 75.3 (b) The portion of the premises in which medical cannabis flower and medical | |
| 2439 | + | 75.4cannabinoid products are sold must be definite and distinct from all other areas of the | |
| 2440 | + | 75.5cannabis retailer and must provide an appropriate space for a pharmacist employee of the | |
| 2441 | + | 75.6medical cannabis retailer to consult with a patient to determine the proper type of medical | |
| 2442 | + | 75.7cannabis flower and medical cannabinoid products and proper dosage for the patient. | |
| 2443 | + | 75.8 Subd. 14.Exception.Nothing in this section applies to the operations of a lower-potency | |
| 2444 | + | 75.9hemp edible retailer. | |
| 2445 | + | 75.10Sec. 31. [342.29] CANNABIS MICROBUSINESS LICENSING AND OPERATIONS. | |
| 2446 | + | 75.11 Subdivision 1.Authorized actions.A cannabis microbusiness license, consistent with | |
| 2447 | + | 75.12the specific license endorsement or endorsements, entitles the license holder to perform any | |
| 2448 | + | 75.13or all of the following within the limits established by this section: | |
| 2449 | + | 75.14 (1) grow cannabis plants from seed or immature plant to mature plant and harvest | |
| 2450 | + | 75.15cannabis flower from mature plants; | |
| 2451 | + | 75.16 (2) make cannabis concentrate; | |
| 2452 | + | 75.17 (3) make hemp concentrate, including hemp concentrate with a delta-9 | |
| 2453 | + | 75.18tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; | |
| 2454 | + | 75.19 (4) manufacture synthetically derived cannabinoids; | |
| 2455 | + | 75.20 (5) manufacture adult-use cannabis products, lower-potency hemp edibles, and | |
| 2456 | + | 75.21hemp-derived consumer products for public consumption; | |
| 2457 | + | 75.22 (6) purchase immature cannabis plants and seedlings, cannabis flower, and hemp plant | |
| 2458 | + | 75.23parts from another cannabis microbusiness, a cannabis mezzobusiness, a cannabis | |
| 2459 | + | 75.24manufacturer, a cannabis wholesaler, or an industrial hemp grower; | |
| 2460 | + | 75.25 (7) purchase cannabis concentrate, hemp concentrate, and synthetically derived | |
| 2461 | + | 75.26cannabinoids from another cannabis microbusiness, a cannabis mezzobusiness, a cannabis | |
| 2462 | + | 75.27manufacturer, a cannabis wholesaler, or a licensed hemp grower for use in manufacturing | |
| 2463 | + | 75.28adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 2464 | + | 75.29products; | |
| 2465 | + | 75.30 (8) package and label adult-use cannabis flower, adult-use cannabis products, | |
| 2466 | + | 75.31lower-potency hemp edibles, and hemp-derived consumer products for sale to customers; | |
| 2467 | + | 75Article 1 Sec. 31. | |
| 2468 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 76.1 (9) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use | |
| 2469 | + | 76.2cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and | |
| 2470 | + | 76.3other products authorized by law to other cannabis businesses and to customers; | |
| 2471 | + | 76.4 (10) operate an establishment that permits on-site consumption of edible cannabis | |
| 2472 | + | 76.5products and lower-potency hemp edibles; and | |
| 2473 | + | 76.6 (11) perform other actions approved by the office. | |
| 2474 | + | 76.7 Subd. 2.Size limitations.(a) A cannabis microbusiness that cultivates cannabis may | |
| 2475 | + | 76.8cultivate up to 2,000 square feet of plant canopy unless the office, by rule, increases that | |
| 2476 | + | 76.9limit. The office may, by rule, increase the limit on plant canopy to no more than 5,000 | |
| 2477 | + | 76.10square feet if the office determines that expansion is consistent with the goals identified in | |
| 2478 | + | 76.11section 342.02, subdivision 1. A cannabis microbusiness may not operate multiple tiers of | |
| 2479 | + | 76.12cultivation. | |
| 2480 | + | 76.13 (b) The office shall, by rule, establish a limit on the manufacturing of cannabis products, | |
| 2481 | + | 76.14lower-potency hemp edibles, or hemp-derived consumer products that a cannabis | |
| 2482 | + | 76.15microbusiness manufacturing such products may perform. The limit must be equivalent to | |
| 2483 | + | 76.16the amount of cannabis flower that can be harvested from a facility with a plant canopy of | |
| 2484 | + | 76.172,000 square feet in a year, but may be increased to the amount that can be harvested from | |
| 2485 | + | 76.18a facility with up to 5,000 square feet of plant canopy if the office expands the allowable | |
| 2486 | + | 76.19area of cultivation under paragraph (a). | |
| 2487 | + | 76.20 (c) A cannabis microbusiness with the appropriate endorsement may operate one retail | |
| 2488 | + | 76.21location. | |
| 2489 | + | 76.22 Subd. 3.Additional information required.In addition to the information required to | |
| 2490 | + | 76.23be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2491 | + | 76.24a person, cooperative, or business seeking a cannabis microbusiness license must submit | |
| 2492 | + | 76.25the following information in a form approved by the office: | |
| 2493 | + | 76.26 (1) an operating plan demonstrating the proposed layout of the facility, including a | |
| 2494 | + | 76.27diagram of ventilation and filtration systems; plans for wastewater and waste disposal for | |
| 2495 | + | 76.28any cultivation or manufacturing activities; plans for providing electricity, water, and other | |
| 2496 | + | 76.29utilities necessary for the normal operation of any cultivation or manufacturing activities; | |
| 2497 | + | 76.30plans for compliance with applicable building codes and federal and state environmental | |
| 2498 | + | 76.31and workplace safety requirements and policies; and plans to avoid sales to unlicensed | |
| 2499 | + | 76.32cannabis businesses and individuals under 21 years of age; | |
| 2491 | 2500 | 76Article 1 Sec. 31. | |
| 2492 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 77.1square feet if the office determines that expansion is consistent with the goals identified in | |
| 2493 | - | 77.2section 342.02, subdivision 1. A cannabis microbusiness may not operate multiple tiers of | |
| 2494 | - | 77.3cultivation. | |
| 2495 | - | 77.4 (b) The office shall, by rule, establish a limit on the manufacturing of cannabis products, | |
| 2496 | - | 77.5lower-potency hemp edibles, or hemp-derived consumer products that a cannabis | |
| 2497 | - | 77.6microbusiness manufacturing such products may perform. The limit must be equivalent to | |
| 2498 | - | 77.7the amount of cannabis flower that can be harvested from a facility with a plant canopy of | |
| 2499 | - | 77.82,000 square feet in a year, but may be increased to the amount that can be harvested from | |
| 2500 | - | 77.9a facility with up to 5,000 square feet of plant canopy if the office expands the allowable | |
| 2501 | - | 77.10area of cultivation under paragraph (a). | |
| 2502 | - | 77.11 (c) A cannabis microbusiness with the appropriate endorsement may operate one retail | |
| 2503 | - | 77.12location. | |
| 2504 | - | 77.13 Subd. 3.Additional information required.In addition to the information required to | |
| 2505 | - | 77.14be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2506 | - | 77.15a person, cooperative, or business seeking a cannabis microbusiness license must submit | |
| 2507 | - | 77.16the following information in a form approved by the office: | |
| 2508 | - | 77.17 (1) an operating plan demonstrating the proposed layout of the facility, including a | |
| 2509 | - | 77.18diagram of ventilation and filtration systems; plans for wastewater and waste disposal for | |
| 2510 | - | 77.19any cultivation or manufacturing activities; plans for providing electricity, water, and other | |
| 2511 | - | 77.20utilities necessary for the normal operation of any cultivation or manufacturing activities; | |
| 2512 | - | 77.21plans for compliance with applicable building codes and federal and state environmental | |
| 2513 | - | 77.22and workplace safety requirements and policies; and plans to avoid sales to unlicensed | |
| 2514 | - | 77.23cannabis businesses and individuals under 21 years of age; | |
| 2515 | - | 77.24 (2) if the applicant is seeking an endorsement to cultivate cannabis plants and harvest | |
| 2516 | - | 77.25cannabis flower, a cultivation plan demonstrating the proposed size and layout of the | |
| 2517 | - | 77.26cultivation facility that will be used exclusively for cultivation including the total amount | |
| 2518 | - | 77.27of plant canopy; | |
| 2519 | - | 77.28 (3) if the applicant is seeking an endorsement to create cannabis concentrate, hemp | |
| 2520 | - | 77.29concentrate, or synthetically derived cannabinoids, information identifying all methods of | |
| 2521 | - | 77.30extraction, concentration, or conversion that the applicant intends to use and the volatile | |
| 2522 | - | 77.31chemicals and catalysts, if any, that will be involved in extraction, concentration, or creation; | |
| 2523 | - | 77.32and | |
| 2524 | - | 77.33 (4) evidence that the applicant will comply with the applicable operation requirements | |
| 2525 | - | 77.34for the license being sought. | |
| 2501 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 77.1 (2) if the applicant is seeking an endorsement to cultivate cannabis plants and harvest | |
| 2502 | + | 77.2cannabis flower, a cultivation plan demonstrating the proposed size and layout of the | |
| 2503 | + | 77.3cultivation facility that will be used exclusively for cultivation including the total amount | |
| 2504 | + | 77.4of plant canopy; | |
| 2505 | + | 77.5 (3) if the applicant is seeking an endorsement to create cannabis concentrate, hemp | |
| 2506 | + | 77.6concentrate, or synthetic cannabinoids, information identifying all methods of extraction, | |
| 2507 | + | 77.7concentration, or conversion that the applicant intends to use and the volatile chemicals and | |
| 2508 | + | 77.8catalysts, if any, that will be involved in extraction, concentration, or creation; and | |
| 2509 | + | 77.9 (4) evidence that the applicant will comply with the applicable operation requirements | |
| 2510 | + | 77.10for the license being sought. | |
| 2511 | + | 77.11 Subd. 4.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2512 | + | 77.12cannabis microbusiness license may also hold a cannabis event organizer license. | |
| 2513 | + | 77.13 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2514 | + | 77.14cannabis microbusiness license may own or operate any other cannabis business or hemp | |
| 2515 | + | 77.15business or hold more than one cannabis microbusiness license. | |
| 2516 | + | 77.16 (c) For purposes of this subdivision, a restriction on the number or type of license that | |
| 2517 | + | 77.17a business may hold applies to every cooperative member or every director, manager, and | |
| 2518 | + | 77.18general partner of a cannabis business. | |
| 2519 | + | 77.19 Subd. 5.Cultivation endorsement.A cannabis microbusiness that cultivates cannabis | |
| 2520 | + | 77.20plants and harvests cannabis flower must comply with the requirements in section 342.25. | |
| 2521 | + | 77.21 Subd. 6.Extraction and concentration endorsement.A cannabis microbusiness that | |
| 2522 | + | 77.22creates cannabis concentrate must comply with the requirements in section 342.26, | |
| 2523 | + | 77.23subdivisions 2 and 3. | |
| 2524 | + | 77.24 Subd. 7.Production of customer products endorsement.A cannabis microbusiness | |
| 2525 | + | 77.25that manufacturers edible cannabis products, lower-potency hemp products, or hemp-derived | |
| 2526 | + | 77.26consumer products must comply with the requirements in section 342.26, subdivisions 2 | |
| 2527 | + | 77.27and 4. | |
| 2528 | + | 77.28 Subd. 8.Retail operations endorsement.A cannabis microbusiness that operates a | |
| 2529 | + | 77.29retail location must comply with the requirements in section 342.27. | |
| 2530 | + | 77.30 Subd. 9.On-site consumption endorsement.(a) A cannabis microbusiness may permit | |
| 2531 | + | 77.31on-site consumption of edible cannabis products and lower-potency hemp edibles on a | |
| 2532 | + | 77.32portion of its premises. | |
| 2526 | 2533 | 77Article 1 Sec. 31. | |
| 2527 | - | S0073- | |
| 2528 | - | 78. | |
| 2529 | - | 78. | |
| 2530 | - | 78. | |
| 2531 | - | 78. | |
| 2532 | - | 78. | |
| 2533 | - | 78. | |
| 2534 | - | 78. | |
| 2535 | - | 78. | |
| 2536 | - | 78. | |
| 2537 | - | 78. | |
| 2538 | - | 78. | |
| 2539 | - | 78. | |
| 2540 | - | 78. | |
| 2541 | - | 78. | |
| 2542 | - | 78. | |
| 2543 | - | 78. | |
| 2544 | - | 78. | |
| 2545 | - | 78. | |
| 2546 | - | 78.20 | |
| 2547 | - | 78. | |
| 2548 | - | 78. | |
| 2549 | - | 78.23 ( | |
| 2550 | - | 78. | |
| 2551 | - | 78. | |
| 2552 | - | 78. | |
| 2553 | - | 78. | |
| 2554 | - | 78. | |
| 2555 | - | 78. | |
| 2556 | - | 78. | |
| 2557 | - | 78. | |
| 2534 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 78.1 (b) The portion of the premises in which on-site consumption is permitted must be | |
| 2535 | + | 78.2definite and distinct from all other areas of the microbusiness and must be accessed through | |
| 2536 | + | 78.3a distinct entrance. | |
| 2537 | + | 78.4 (c) Edible cannabis products and lower-potency hemp edibles sold for on-site | |
| 2538 | + | 78.5consumption must comply with this chapter and rules adopted pursuant to this chapter | |
| 2539 | + | 78.6regarding the testing, packaging, and labeling of cannabinoid products. | |
| 2540 | + | 78.7 (d) Edible cannabinoid products and lower-potency hemp edibles sold for on-site | |
| 2541 | + | 78.8consumption must be served in the required packaging, but may be removed from the | |
| 2542 | + | 78.9products' packaging by customers and consumed on site. | |
| 2543 | + | 78.10 (e) Food and beverages not otherwise prohibited by this subdivision may be prepared | |
| 2544 | + | 78.11and sold on site provided that the cannabis microbusiness complies with all relevant state | |
| 2545 | + | 78.12and local laws, ordinances, licensing requirements, and zoning requirements. | |
| 2546 | + | 78.13 (f) A cannabis microbusiness shall ensure that the display and consumption of any edible | |
| 2547 | + | 78.14cannabis product or lower-potency hemp edible is not visible from outside of the licensed | |
| 2548 | + | 78.15premises of the business. | |
| 2549 | + | 78.16 (g) A cannabis microbusiness may offer recorded or live entertainment provided that | |
| 2550 | + | 78.17the cannabis microbusiness complies with all relevant state and local laws, ordinances, | |
| 2551 | + | 78.18licensing requirements, and zoning requirements. | |
| 2552 | + | 78.19 (h) A cannabis microbusiness may not: | |
| 2553 | + | 78.20 (1) sell an edible cannabis product or a lower-potency hemp edible to an individual who | |
| 2554 | + | 78.21is under 21 years of age; | |
| 2555 | + | 78.22 (2) permit an individual who is under 21 years of age to enter the premises; | |
| 2556 | + | 78.23 (3) sell more than one single serving of an edible cannabis product or a lower-potency | |
| 2557 | + | 78.24hemp edible to a customer; | |
| 2558 | + | 78.25 (4) sell an edible cannabis product or a lower-potency hemp edible to a person who is | |
| 2559 | + | 78.26visibly intoxicated; | |
| 2560 | + | 78.27 (5) sell or allow the sale or consumption of alcohol or tobacco on the premises; | |
| 2561 | + | 78.28 (6) sell products that are intended to be eaten or consumed as a drink, other than packaged | |
| 2562 | + | 78.29and labeled edible cannabis products and lower-potency hemp edibles, and that contain | |
| 2563 | + | 78.30cannabis flower or hemp plant parts or are infused with cannabis concentrate, hemp | |
| 2564 | + | 78.31concentrate, or artificially derived cannabinoids; | |
| 2558 | 2565 | 78Article 1 Sec. 31. | |
| 2559 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 79.1 (e) Food and beverages not otherwise prohibited by this subdivision may be prepared | |
| 2560 | - | 79.2and sold on site provided that the cannabis microbusiness complies with all relevant state | |
| 2561 | - | 79.3and local laws, ordinances, licensing requirements, and zoning requirements. | |
| 2562 | - | 79.4 (f) A cannabis microbusiness shall ensure that the display and consumption of any edible | |
| 2563 | - | 79.5cannabis product or lower-potency hemp edible is not visible from outside of the licensed | |
| 2564 | - | 79.6premises of the business. | |
| 2565 | - | 79.7 (g) A cannabis microbusiness may offer recorded or live entertainment provided that | |
| 2566 | - | 79.8the cannabis microbusiness complies with all relevant state and local laws, ordinances, | |
| 2567 | - | 79.9licensing requirements, and zoning requirements. | |
| 2568 | - | 79.10 (h) A cannabis microbusiness may not: | |
| 2569 | - | 79.11 (1) sell an edible cannabis product or a lower-potency hemp edible to an individual who | |
| 2570 | - | 79.12is under 21 years of age; | |
| 2571 | - | 79.13 (2) permit an individual who is under 21 years of age to enter the premises; | |
| 2572 | - | 79.14 (3) sell more than one single serving of an edible cannabis product or a lower-potency | |
| 2573 | - | 79.15hemp edible to a customer; | |
| 2574 | - | 79.16 (4) sell an edible cannabis product or a lower-potency hemp edible to a person who is | |
| 2575 | - | 79.17visibly intoxicated; | |
| 2576 | - | 79.18 (5) sell or allow the sale or consumption of alcohol or tobacco on the premises; | |
| 2577 | - | 79.19 (6) sell products that are intended to be eaten or consumed as a drink, other than packaged | |
| 2578 | - | 79.20and labeled edible cannabis products and lower-potency hemp edibles, and that contain | |
| 2579 | - | 79.21cannabis flower or hemp plant parts or are infused with cannabis concentrate, hemp | |
| 2580 | - | 79.22concentrate, or synthetically derived cannabinoids; | |
| 2581 | - | 79.23 (7) permit edible cannabis products or lower-potency hemp edibles sold in the portion | |
| 2582 | - | 79.24of the area designated for on-site consumption to be removed from that area; | |
| 2583 | - | 79.25 (8) permit adult-use cannabis flower, adult-use cannabis products, hemp-derived consumer | |
| 2584 | - | 79.26products, or tobacco to be consumed through smoking or a vaporized delivery method on | |
| 2585 | - | 79.27the premises; or | |
| 2586 | - | 79.28 (9) distribute or allow free samples of cannabis flower, cannabis products, lower-potency | |
| 2587 | - | 79.29hemp edibles, or hemp-derived consumer products. | |
| 2588 | - | 79Article 1 Sec. 31. | |
| 2589 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 80.1 Sec. 32. [342.30] CANNABIS WHOLESALER LICENSING. | |
| 2590 | - | 80.2 Subdivision 1.Authorized actions.A cannabis wholesaler license entitles the license | |
| 2591 | - | 80.3holder to: | |
| 2592 | - | 80.4 (1) purchase immature cannabis plants and seedlings, cannabis flower, cannabis products, | |
| 2593 | - | 80.5lower-potency hemp edibles, and hemp-derived consumer products from cannabis | |
| 2594 | - | 80.6microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, | |
| 2595 | - | 80.7and cannabis microbusinesses; | |
| 2596 | - | 80.8 (2) purchase hemp plant parts from industrial hemp growers; | |
| 2597 | - | 80.9 (3) sell immature cannabis plants and seedlings, cannabis flower, cannabis products, | |
| 2598 | - | 80.10lower-potency hemp edibles, and hemp-derived consumer products to cannabis | |
| 2599 | - | 80.11microbusinesses, cannabis mezzobusinesses, cannabis manufacturers, and cannabis retailers; | |
| 2600 | - | 80.12 (4) sell lower-potency hemp edibles to lower-potency hemp edible retailers; | |
| 2601 | - | 80.13 (5) import hemp-derived consumer products and lower-potency hemp edibles that contain | |
| 2602 | - | 80.14hemp concentrate or synthetically derived cannabinoids that are derived from hemp plants | |
| 2603 | - | 80.15or hemp plant parts; and | |
| 2604 | - | 80.16 (6) perform other actions approved by the office. | |
| 2605 | - | 80.17 Subd. 2.Additional information required.In addition to the information required to | |
| 2606 | - | 80.18be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2607 | - | 80.19a person, cooperative, or business seeking a cannabis wholesaler license must submit the | |
| 2608 | - | 80.20following information in a form approved by the office: | |
| 2609 | - | 80.21 (1) an operating plan demonstrating the proposed layout of the facility including a | |
| 2610 | - | 80.22diagram of ventilation and filtration systems and policies to avoid sales to unlicensed | |
| 2611 | - | 80.23cannabis businesses; and | |
| 2612 | - | 80.24 (2) evidence that the business will comply with the applicable operation requirements | |
| 2613 | - | 80.25for the license being sought. | |
| 2614 | - | 80.26 Subd. 3.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2615 | - | 80.27cannabis wholesaler license may also hold a cannabis transporter license, a cannabis delivery | |
| 2616 | - | 80.28service license, and a cannabis event organizer license. | |
| 2617 | - | 80.29 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2618 | - | 80.30cannabis wholesaler license may own or operate any other cannabis business or hemp | |
| 2619 | - | 80.31business. | |
| 2620 | - | 80Article 1 Sec. 32. | |
| 2621 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 81.1 (c) The office by rule may limit the number of cannabis wholesaler licenses a person or | |
| 2622 | - | 81.2business may hold. | |
| 2623 | - | 81.3 (d) For purposes of this subdivision, a restriction on the number or type of license a | |
| 2624 | - | 81.4business may hold applies to every cooperative member or every director, manager, and | |
| 2625 | - | 81.5general partner of a cannabis business. | |
| 2626 | - | 81.6 Sec. 33. [342.31] CANNABIS MEZZOBUSINESS LICENSING AND OPERATIONS. | |
| 2627 | - | 81.7 Subdivision 1.Authorized actions.A cannabis mezzobusiness license, consistent with | |
| 2628 | - | 81.8the specific license endorsement or endorsements, entitles the license holder to perform any | |
| 2629 | - | 81.9or all of the following within the limits established by this section: | |
| 2630 | - | 81.10 (1) grow cannabis plants from seed or immature plant to mature plant and harvest | |
| 2631 | - | 81.11cannabis flower from mature plants; | |
| 2632 | - | 81.12 (2) make cannabis concentrate; | |
| 2633 | - | 81.13 (3) make hemp concentrate, including hemp concentrate with a delta-9 | |
| 2634 | - | 81.14tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; | |
| 2635 | - | 81.15 (4) manufacture synthetically derived cannabinoids; | |
| 2636 | - | 81.16 (5) manufacture adult-use cannabis products, lower-potency hemp edibles, and | |
| 2637 | - | 81.17hemp-derived consumer products for public consumption; | |
| 2638 | - | 81.18 (6) purchase immature cannabis plants and seedlings and cannabis flower from a cannabis | |
| 2639 | - | 81.19microbusiness, another cannabis mezzobusiness, a cannabis manufacturer, or a cannabis | |
| 2640 | - | 81.20wholesaler; | |
| 2641 | - | 81.21 (7) purchase cannabis concentrate, hemp concentrate, and synthetically derived | |
| 2642 | - | 81.22cannabinoids from a cannabis microbusiness, another cannabis mezzobusiness, a cannabis | |
| 2643 | - | 81.23manufacturer, or a cannabis wholesaler for use in manufacturing adult-use cannabis products, | |
| 2644 | - | 81.24lower-potency hemp edibles, or hemp-derived consumer products; | |
| 2645 | - | 81.25 (8) purchase hemp plant parts from a licensed hemp grower; | |
| 2646 | - | 81.26 (9) package and label adult-use cannabis flower, adult-use cannabis products, | |
| 2647 | - | 81.27lower-potency hemp edibles, and hemp-derived consumer products for sale to customers; | |
| 2648 | - | 81.28 (10) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use | |
| 2649 | - | 81.29cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and | |
| 2650 | - | 81.30other products authorized by law to other cannabis businesses and to customers; and | |
| 2651 | - | 81.31 (11) perform other actions approved by the office. | |
| 2566 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 79.1 (7) permit edible cannabis products or lower-potency hemp edibles sold in the portion | |
| 2567 | + | 79.2of the area designated for on-site consumption to be removed from that area; | |
| 2568 | + | 79.3 (8) permit adult-use cannabis flower, adult-use cannabis products, hemp-derived consumer | |
| 2569 | + | 79.4products, or tobacco to be consumed through smoking or a vaporized delivery method on | |
| 2570 | + | 79.5the premises; or | |
| 2571 | + | 79.6 (9) distribute or allow free samples of cannabis flower, cannabis products, lower-potency | |
| 2572 | + | 79.7hemp edibles, or hemp-derived consumer products. | |
| 2573 | + | 79.8 Sec. 32. [342.30] CANNABIS WHOLESALER LICENSING. | |
| 2574 | + | 79.9 Subdivision 1.Authorized actions.A cannabis wholesaler license entitles the license | |
| 2575 | + | 79.10holder to: | |
| 2576 | + | 79.11 (1) purchase immature cannabis plants and seedlings, cannabis flower, cannabis products, | |
| 2577 | + | 79.12lower-potency hemp edibles, and hemp-derived consumer products from cannabis | |
| 2578 | + | 79.13microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, | |
| 2579 | + | 79.14cannabis microbusinesses, and industrial hemp growers; | |
| 2580 | + | 79.15 (2) sell immature cannabis plants and seedlings, cannabis flower, cannabis products, | |
| 2581 | + | 79.16lower-potency hemp edibles, and hemp-derived consumer products to cannabis | |
| 2582 | + | 79.17microbusinesses, cannabis mezzobusinesses, cannabis manufacturers, and cannabis retailers; | |
| 2583 | + | 79.18 (3) sell lower-potency hemp edibles to lower-potency hemp edible retailers; | |
| 2584 | + | 79.19 (4) import hemp-derived consumer products and lower-potency hemp edible products | |
| 2585 | + | 79.20that contain hemp concentrate or synthetically derived cannabinoids that are derived from | |
| 2586 | + | 79.21hemp plants or hemp plant parts; and | |
| 2587 | + | 79.22 (5) perform other actions approved by the office. | |
| 2588 | + | 79.23 Subd. 2.Additional information required.In addition to the information required to | |
| 2589 | + | 79.24be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2590 | + | 79.25a person, cooperative, or business seeking a cannabis wholesaler license must submit the | |
| 2591 | + | 79.26following information in a form approved by the office: | |
| 2592 | + | 79.27 (1) an operating plan demonstrating the proposed layout of the facility including a | |
| 2593 | + | 79.28diagram of ventilation and filtration systems and policies to avoid sales to unlicensed | |
| 2594 | + | 79.29cannabis businesses; and | |
| 2595 | + | 79.30 (2) evidence that the business will comply with the applicable operation requirements | |
| 2596 | + | 79.31for the license being sought. | |
| 2597 | + | 79Article 1 Sec. 32. | |
| 2598 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 80.1 Subd. 3.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2599 | + | 80.2cannabis wholesaler license may also hold a cannabis transporter license, a cannabis delivery | |
| 2600 | + | 80.3service license, and a cannabis event organizer license. | |
| 2601 | + | 80.4 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2602 | + | 80.5cannabis wholesaler license may own or operate any other cannabis business or hemp | |
| 2603 | + | 80.6business. | |
| 2604 | + | 80.7 (c) The office by rule may limit the number of cannabis wholesaler licenses a person or | |
| 2605 | + | 80.8business may hold. | |
| 2606 | + | 80.9 (d) For purposes of this subdivision, a restriction on the number or type of license a | |
| 2607 | + | 80.10business may hold applies to every cooperative member or every director, manager, and | |
| 2608 | + | 80.11general partner of a cannabis business. | |
| 2609 | + | 80.12Sec. 33. [342.31] CANNABIS MEZZOBUSINESS LICENSING AND OPERATIONS. | |
| 2610 | + | 80.13 Subdivision 1.Authorized actions.A cannabis mezzobusiness license, consistent with | |
| 2611 | + | 80.14the specific license endorsement or endorsements, entitles the license holder to perform any | |
| 2612 | + | 80.15or all of the following within the limits established by this section: | |
| 2613 | + | 80.16 (1) grow cannabis plants from seed or immature plant to mature plant and harvest | |
| 2614 | + | 80.17cannabis flower from mature plants; | |
| 2615 | + | 80.18 (2) make cannabis concentrate; | |
| 2616 | + | 80.19 (3) make hemp concentrate, including hemp concentrate with a delta-9 | |
| 2617 | + | 80.20tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; | |
| 2618 | + | 80.21 (4) manufacture synthetically derived cannabinoids; | |
| 2619 | + | 80.22 (5) manufacture adult-use cannabis products, lower-potency hemp edibles, and | |
| 2620 | + | 80.23hemp-derived consumer products for public consumption; | |
| 2621 | + | 80.24 (6) purchase immature cannabis plants and seedlings, cannabis flower, and hemp plant | |
| 2622 | + | 80.25parts from a cannabis microbusiness, another cannabis mezzobusiness, a cannabis | |
| 2623 | + | 80.26manufacturer, a cannabis wholesaler, or an industrial hemp grower; | |
| 2624 | + | 80.27 (7) purchase cannabis concentrate, hemp concentrate, and artificially derived cannabinoids | |
| 2625 | + | 80.28from a cannabis microbusiness, another cannabis mezzobusiness, a cannabis manufacturer, | |
| 2626 | + | 80.29a cannabis wholesaler, or a licensed hemp grower for use in manufacturing adult-use cannabis | |
| 2627 | + | 80.30products, lower-potency hemp edibles, or hemp-derived consumer products; | |
| 2628 | + | 80Article 1 Sec. 33. | |
| 2629 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 81.1 (8) package and label adult-use cannabis flower, adult-use cannabis products, | |
| 2630 | + | 81.2lower-potency hemp edibles, and hemp-derived consumer products for sale to customers; | |
| 2631 | + | 81.3 (9) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use | |
| 2632 | + | 81.4cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and | |
| 2633 | + | 81.5other products authorized by law to other cannabis businesses and to customers; and | |
| 2634 | + | 81.6 (10) perform other actions approved by the office. | |
| 2635 | + | 81.7 Subd. 2.Size limitations.(a) A cannabis mezzobusiness that cultivates cannabis may | |
| 2636 | + | 81.8cultivate up to 5,000 square feet of plant canopy unless the office, by rule, increases that | |
| 2637 | + | 81.9limit. The office may, by rule, increase the limit on plant canopy to no more than 15,000 | |
| 2638 | + | 81.10cubic feet if the office determines that expansion is consistent with the goals identified in | |
| 2639 | + | 81.11section 342.02, subdivision 1. A cannabis mezzobusiness may not operate multiple tiers of | |
| 2640 | + | 81.12cultivation unless authorized by the office. | |
| 2641 | + | 81.13 (b) The office shall, by rule, establish a limit on the manufacturing of cannabis products, | |
| 2642 | + | 81.14lower-potency hemp edibles, or hemp-derived consumer products a cannabis mezzobusiness | |
| 2643 | + | 81.15that manufactures such products may perform. The limit must be equivalent to the amount | |
| 2644 | + | 81.16of cannabis flower that can be harvested from a facility with a plant canopy of 5,000 square | |
| 2645 | + | 81.17feet in a year, but may be increased to the amount that can be harvested from a facility with | |
| 2646 | + | 81.18up to 15,000 cubic feet of plant canopy if the office expands the allowable area of cultivation | |
| 2647 | + | 81.19under paragraph (a). | |
| 2648 | + | 81.20 (c) A cannabis mezzobusiness with the appropriate endorsement may operate up to three | |
| 2649 | + | 81.21retail locations. | |
| 2650 | + | 81.22 Subd. 3.Additional information required.In addition to the information required to | |
| 2651 | + | 81.23be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2652 | + | 81.24a person, cooperative, or business seeking a cannabis mezzobusiness license must submit | |
| 2653 | + | 81.25the following information in a form approved by the office: | |
| 2654 | + | 81.26 (1) an operating plan demonstrating the proposed layout of the facility, including a | |
| 2655 | + | 81.27diagram of ventilation and filtration systems; plans for wastewater and waste disposal for | |
| 2656 | + | 81.28any cultivation or manufacturing activities; plans for providing electricity, water, and other | |
| 2657 | + | 81.29utilities necessary for the normal operation of any cultivation or manufacturing activities; | |
| 2658 | + | 81.30plans for compliance with applicable building codes and federal and state environmental | |
| 2659 | + | 81.31and workplace safety requirements and policies; and plans to avoid sales to unlicensed | |
| 2660 | + | 81.32cannabis businesses and individuals under 21 years of age; | |
| 2652 | 2661 | 81Article 1 Sec. 33. | |
| 2653 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 82.1 Subd. 2.Size limitations.(a) A cannabis mezzobusiness that cultivates cannabis may | |
| 2654 | - | 82.2cultivate up to 5,000 square feet of plant canopy unless the office, by rule, increases that | |
| 2655 | - | 82.3limit. The office may, by rule, increase the limit on plant canopy to no more than 15,000 | |
| 2656 | - | 82.4cubic feet if the office determines that expansion is consistent with the goals identified in | |
| 2657 | - | 82.5section 342.02, subdivision 1. A cannabis mezzobusiness may not operate multiple tiers of | |
| 2658 | - | 82.6cultivation unless authorized by the office. | |
| 2659 | - | 82.7 (b) The office shall, by rule, establish a limit on the manufacturing of cannabis products, | |
| 2660 | - | 82.8lower-potency hemp edibles, or hemp-derived consumer products a cannabis mezzobusiness | |
| 2661 | - | 82.9that manufactures such products may perform. The limit must be equivalent to the amount | |
| 2662 | - | 82.10of cannabis flower that can be harvested from a facility with a plant canopy of 5,000 square | |
| 2663 | - | 82.11feet in a year, but may be increased to the amount that can be harvested from a facility with | |
| 2664 | - | 82.12up to 15,000 cubic feet of plant canopy if the office expands the allowable area of cultivation | |
| 2665 | - | 82.13under paragraph (a). | |
| 2666 | - | 82.14 (c) A cannabis mezzobusiness with the appropriate endorsement may operate up to three | |
| 2667 | - | 82.15retail locations. | |
| 2668 | - | 82.16 Subd. 3.Additional information required.In addition to the information required to | |
| 2669 | - | 82.17be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2670 | - | 82.18a person, cooperative, or business seeking a cannabis mezzobusiness license must submit | |
| 2671 | - | 82.19the following information in a form approved by the office: | |
| 2672 | - | 82.20 (1) an operating plan demonstrating the proposed layout of the facility, including a | |
| 2673 | - | 82.21diagram of ventilation and filtration systems; plans for wastewater and waste disposal for | |
| 2674 | - | 82.22any cultivation or manufacturing activities; plans for providing electricity, water, and other | |
| 2675 | - | 82.23utilities necessary for the normal operation of any cultivation or manufacturing activities; | |
| 2676 | - | 82.24plans for compliance with applicable building codes and federal and state environmental | |
| 2677 | - | 82.25and workplace safety requirements and policies; and plans to avoid sales to unlicensed | |
| 2678 | - | 82.26cannabis businesses and individuals under 21 years of age; | |
| 2679 | - | 82.27 (2) if the applicant is seeking an endorsement to cultivate cannabis plants and harvest | |
| 2680 | - | 82.28cannabis flower, a cultivation plan demonstrating the proposed size and layout of the | |
| 2681 | - | 82.29cultivation facility that will be used exclusively for cultivation including the total amount | |
| 2682 | - | 82.30of plant canopy; | |
| 2683 | - | 82.31 (3) if the applicant is seeking an endorsement to create cannabis concentrate, hemp | |
| 2684 | - | 82.32concentrate, or synthetically derived cannabinoids, information identifying all methods of | |
| 2685 | - | 82.33extraction, concentration, or conversion that the applicant intends to use and the volatile | |
| 2662 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 82.1 (2) if the applicant is seeking an endorsement to cultivate cannabis plants and harvest | |
| 2663 | + | 82.2cannabis flower, a cultivation plan demonstrating the proposed size and layout of the | |
| 2664 | + | 82.3cultivation facility that will be used exclusively for cultivation including the total amount | |
| 2665 | + | 82.4of plant canopy; | |
| 2666 | + | 82.5 (3) if the applicant is seeking an endorsement to create cannabis concentrate, hemp | |
| 2667 | + | 82.6concentrate, or synthetic cannabinoids, information identifying all methods of extraction, | |
| 2668 | + | 82.7concentration, or conversion that the applicant intends to use and the volatile chemicals and | |
| 2669 | + | 82.8catalysts, if any, that will be involved in extraction, concentration, or creation; and | |
| 2670 | + | 82.9 (4) evidence that the applicant will comply with the applicable operation requirements | |
| 2671 | + | 82.10for the license being sought. | |
| 2672 | + | 82.11 Subd. 4.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2673 | + | 82.12cannabis mezzobusiness license may also hold a cannabis event organizer license. | |
| 2674 | + | 82.13 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2675 | + | 82.14cannabis mezzobusiness license may own or operate any other cannabis business or hemp | |
| 2676 | + | 82.15business or hold more than one cannabis mezzobusiness license. | |
| 2677 | + | 82.16 (c) For purposes of this subdivision, a restriction on the number or type of license that | |
| 2678 | + | 82.17a business may hold applies to every cooperative member or every director, manager, and | |
| 2679 | + | 82.18general partner of a cannabis business. | |
| 2680 | + | 82.19 Subd. 5.Cultivation endorsement.A cannabis mezzobusiness that cultivates cannabis | |
| 2681 | + | 82.20plants and harvests cannabis flower must comply with the requirements in section 342.25. | |
| 2682 | + | 82.21 Subd. 6.Extraction and concentration endorsement.A cannabis mezzobusiness that | |
| 2683 | + | 82.22creates cannabis concentrate must comply with the requirements in section 342.26, | |
| 2684 | + | 82.23subdivisions 2 and 3. | |
| 2685 | + | 82.24 Subd. 7.Production of customer products endorsement.A cannabis mezzobusiness | |
| 2686 | + | 82.25that manufacturers edible cannabis products, lower-potency hemp products, or hemp-derived | |
| 2687 | + | 82.26consumer products must comply with the requirements in section 342.26, subdivisions 2 | |
| 2688 | + | 82.27and 4. | |
| 2689 | + | 82.28 Subd. 8.Retail operations endorsement.A cannabis mezzobusiness that operates a | |
| 2690 | + | 82.29retail location must comply with the requirements in section 342.27. | |
| 2691 | + | 82.30 Subd. 9.Co-location.(a) A cannabis mezzobusiness that is also a licensed medical | |
| 2692 | + | 82.31cannabis retailer may sell medical cannabis flower and medical cannabinoid products on a | |
| 2693 | + | 82.32portion of its premises. | |
| 2686 | 2694 | 82Article 1 Sec. 33. | |
| 2687 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 83.1chemicals and catalysts, if any, that will be involved in extraction, concentration, or creation; | |
| 2688 | - | 83.2and | |
| 2689 | - | 83.3 (4) evidence that the applicant will comply with the applicable operation requirements | |
| 2690 | - | 83.4for the license being sought. | |
| 2691 | - | 83.5 Subd. 4.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2692 | - | 83.6cannabis mezzobusiness license may also hold a cannabis event organizer license. | |
| 2693 | - | 83.7 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2694 | - | 83.8cannabis mezzobusiness license may own or operate any other cannabis business or hemp | |
| 2695 | - | 83.9business or hold more than one cannabis mezzobusiness license. | |
| 2696 | - | 83.10 (c) For purposes of this subdivision, a restriction on the number or type of license that | |
| 2697 | - | 83.11a business may hold applies to every cooperative member or every director, manager, and | |
| 2698 | - | 83.12general partner of a cannabis business. | |
| 2699 | - | 83.13 Subd. 5.Cultivation endorsement.A cannabis mezzobusiness that cultivates cannabis | |
| 2700 | - | 83.14plants and harvests cannabis flower must comply with the requirements in section 342.25. | |
| 2701 | - | 83.15 Subd. 6.Extraction and concentration endorsement.A cannabis mezzobusiness that | |
| 2702 | - | 83.16creates cannabis concentrate must comply with the requirements in section 342.26, | |
| 2703 | - | 83.17subdivisions 2 and 3. | |
| 2704 | - | 83.18 Subd. 7.Production of customer products endorsement.A cannabis mezzobusiness | |
| 2705 | - | 83.19that manufacturers edible cannabis products, lower-potency hemp products, or hemp-derived | |
| 2706 | - | 83.20consumer products must comply with the requirements in section 342.26, subdivisions 2 | |
| 2707 | - | 83.21and 4. | |
| 2708 | - | 83.22 Subd. 8.Retail operations endorsement.A cannabis mezzobusiness that operates a | |
| 2709 | - | 83.23retail location must comply with the requirements in section 342.27. | |
| 2710 | - | 83.24 Subd. 9.Co-location.(a) A cannabis mezzobusiness that is also a licensed medical | |
| 2711 | - | 83.25cannabis retailer may sell medical cannabis flower and medical cannabinoid products on a | |
| 2712 | - | 83.26portion of its premises. | |
| 2713 | - | 83.27 (b) The portion of the premises in which medical cannabis flower and medical | |
| 2714 | - | 83.28cannabinoid products are sold must be definite and distinct from all other areas of the | |
| 2715 | - | 83.29cannabis mezzobusiness and must provide an appropriate space for a pharmacist employee | |
| 2716 | - | 83.30of a medical cannabis retailer to consult with the patient to determine the proper type of | |
| 2717 | - | 83.31medical cannabis flower and medical cannabinoid products and proper dosage for the patient. | |
| 2718 | - | 83Article 1 Sec. 33. | |
| 2719 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 84.1 Sec. 34. [342.32] CANNABIS WHOLESALER OPERATIONS. | |
| 2720 | - | 84.2 Subdivision 1.Separation of products.A cannabis wholesaler must ensure that cannabis | |
| 2721 | - | 84.3plants, cannabis flower, and cannabis products are physically separated from all other | |
| 2722 | - | 84.4products, including but not limited to lower-potency hemp edibles and hemp-derived | |
| 2723 | - | 84.5consumer products, in a manner that prevents any cross-contamination. | |
| 2724 | - | 84.6 Subd. 2.Records and labels.A cannabis wholesaler must maintain accurate records | |
| 2725 | - | 84.7and ensure that appropriate labels remain affixed to cannabis plants, cannabis flower, | |
| 2726 | - | 84.8cannabis products, lower-potency hemp edibles, and hemp-derived consumer products. | |
| 2727 | - | 84.9 Subd. 3.Building conditions.(a) A cannabis wholesaler shall maintain compliance | |
| 2728 | - | 84.10with state and local building, fire, and zoning requirements or regulations. | |
| 2729 | - | 84.11 (b) A cannabis wholesaler shall ensure that the licensed premises is maintained in a | |
| 2730 | - | 84.12clean and sanitary condition, free from infestation by insects, rodents, or other pests. | |
| 2731 | - | 84.13 Subd. 4.Sale of other products.A cannabis wholesaler may purchase and sell other | |
| 2732 | - | 84.14products or items for which the cannabis wholesaler has a license or authorization or that | |
| 2733 | - | 84.15do not require a license or authorization. Products for which no license or authorization is | |
| 2734 | - | 84.16required include but are not limited to industrial hemp products, products that contain hemp | |
| 2735 | - | 84.17grain, hemp-derived topical products, and cannabis paraphernalia, including but not limited | |
| 2736 | - | 84.18to childproof packaging containers and other devices designed to ensure the safe storage | |
| 2737 | - | 84.19and monitoring of cannabis flower and cannabis products in the home to prevent access by | |
| 2738 | - | 84.20individuals under 21 years of age. | |
| 2739 | - | 84.21 Subd. 5.Importation of hemp-derived products.(a) A cannabis wholesaler that imports | |
| 2740 | - | 84.22lower-potency hemp edibles or hemp-derived consumer products, other than hemp-derived | |
| 2741 | - | 84.23topical products, that are manufactured outside the boundaries of the state of Minnesota | |
| 2742 | - | 84.24with the intent to sell the products to a cannabis microbusiness, cannabis mezzobusiness, | |
| 2743 | - | 84.25cannabis retailer, or lower-potency hemp edible retailer must obtain a hemp-derived product | |
| 2744 | - | 84.26importer endorsement from the office. | |
| 2745 | - | 84.27 (b) A cannabis wholesaler with a hemp-derived product importer endorsement may sell | |
| 2746 | - | 84.28products manufactured outside the boundaries of the state of Minnesota if: | |
| 2747 | - | 84.29 (1) the manufacturer is licensed in another jurisdiction and subject to regulations designed | |
| 2748 | - | 84.30to protect the health and safety of consumers that the office determines are substantially | |
| 2749 | - | 84.31similar to the regulations in this state; or | |
| 2750 | - | 84Article 1 Sec. 34. | |
| 2751 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 85.1 (2) the cannabis wholesaler establishes, to the satisfaction of the office, that the | |
| 2752 | - | 85.2manufacturer engages in practices that are substantially similar to the practices required for | |
| 2753 | - | 85.3licensure of manufacturers in this state. | |
| 2754 | - | 85.4 (c) The cannabis wholesaler must enter all relevant information regarding an imported | |
| 2755 | - | 85.5hemp-derived consumer product into the statewide monitoring system before the product | |
| 2756 | - | 85.6may be distributed. Relevant information includes information regarding the cultivation, | |
| 2757 | - | 85.7processing, and testing of the industrial hemp used in the manufacture of the product and | |
| 2758 | - | 85.8information regarding the testing of the hemp-derived consumer product. If information | |
| 2759 | - | 85.9regarding the industrial hemp or hemp-derived consumer product was submitted to a | |
| 2760 | - | 85.10statewide monitoring system used in another state, the office may require submission of | |
| 2761 | - | 85.11any information provided to that statewide monitoring system and shall assist in the transfer | |
| 2762 | - | 85.12of data from another state as needed and in compliance with any data classification | |
| 2763 | - | 85.13established by either state. | |
| 2764 | - | 85.14 (d) The office may suspend, revoke, or cancel the endorsement of a distributor who is | |
| 2765 | - | 85.15prohibited from distributing products containing cannabinoids in any other jurisdiction, | |
| 2766 | - | 85.16convicted of an offense involving the distribution of products containing cannabinoids in | |
| 2767 | - | 85.17any other jurisdiction, or found liable for distributing any product that injured customers in | |
| 2768 | - | 85.18any other jurisdiction. A cannabis wholesaler shall disclose all relevant information related | |
| 2769 | - | 85.19to actions in another jurisdiction. Failure to disclose relevant information may result in | |
| 2770 | - | 85.20disciplinary action by the office, including the suspension, revocation, or cancellation of | |
| 2771 | - | 85.21an endorsement or license. | |
| 2772 | - | 85.22 (e) Notwithstanding any law to the contrary, it shall not be a defense in any civil or | |
| 2773 | - | 85.23criminal action that a licensed wholesaler relied on information on a product label or | |
| 2774 | - | 85.24otherwise provided by a manufacturer who is not licensed in this state. | |
| 2775 | - | 85.25Sec. 35. [342.33] CANNABIS TRANSPORTER LICENSING. | |
| 2776 | - | 85.26 Subdivision 1.Authorized actions.A cannabis transporter license entitles the license | |
| 2777 | - | 85.27holder to transport immature cannabis plants and seedlings, cannabis flower, cannabis | |
| 2778 | - | 85.28products, synthetically derived cannabinoids, hemp plant parts, hemp concentrate, | |
| 2779 | - | 85.29lower-potency hemp edibles, and hemp-derived consumer products from cannabis | |
| 2780 | - | 85.30microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, | |
| 2781 | - | 85.31cannabis wholesalers, lower-potency hemp edible manufacturers, medical cannabis retailers, | |
| 2782 | - | 85.32medical cannabis processors, and industrial hemp growers to cannabis microbusinesses, | |
| 2783 | - | 85.33cannabis mezzobusinesses, cannabis manufacturers, cannabis testing facilities, cannabis | |
| 2784 | - | 85.34wholesalers, cannabis retailers, lower-potency hemp edible product retailers, medical | |
| 2695 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 83.1 (b) The portion of the premises in which medical cannabis flower and medical | |
| 2696 | + | 83.2cannabinoid products are sold must be definite and distinct from all other areas of the | |
| 2697 | + | 83.3cannabis mezzobusiness and must provide an appropriate space for a pharmacist employee | |
| 2698 | + | 83.4of a medical cannabis retailer to consult with the patient to determine the proper type of | |
| 2699 | + | 83.5medical cannabis flower and medical cannabinoid products and proper dosage for the patient. | |
| 2700 | + | 83.6 Sec. 34. [342.32] CANNABIS WHOLESALER OPERATIONS. | |
| 2701 | + | 83.7 Subdivision 1.Separation of products.A cannabis wholesaler must ensure that cannabis | |
| 2702 | + | 83.8plants, cannabis flower, and cannabis products are physically separated from all other | |
| 2703 | + | 83.9products, including but not limited to lower-potency hemp edibles and hemp-derived | |
| 2704 | + | 83.10consumer products, in a manner that prevents any cross-contamination. | |
| 2705 | + | 83.11 Subd. 2.Records and labels.A cannabis wholesaler must maintain accurate records | |
| 2706 | + | 83.12and ensure that appropriate labels remain affixed to cannabis plants, cannabis flower, | |
| 2707 | + | 83.13cannabis products, lower-potency hemp edibles, and hemp-derived consumer products. | |
| 2708 | + | 83.14 Subd. 3.Building conditions.(a) A cannabis wholesaler shall maintain compliance | |
| 2709 | + | 83.15with state and local building, fire, and zoning requirements or regulations. | |
| 2710 | + | 83.16 (b) A cannabis wholesaler shall ensure that the licensed premises is maintained in a | |
| 2711 | + | 83.17clean and sanitary condition, free from infestation by insects, rodents, or other pests. | |
| 2712 | + | 83.18 Subd. 4.Sale of other products.A cannabis wholesaler may purchase and sell other | |
| 2713 | + | 83.19products or items for which the cannabis wholesaler has a license or authorization or that | |
| 2714 | + | 83.20do not require a license or authorization. Products for which no license or authorization is | |
| 2715 | + | 83.21required include but are not limited to industrial hemp products, products that contain hemp | |
| 2716 | + | 83.22grain, hemp-derived topical products, and cannabis paraphernalia, including but not limited | |
| 2717 | + | 83.23to childproof packaging containers and other devices designed to ensure the safe storage | |
| 2718 | + | 83.24and monitoring of cannabis flower and cannabis products in the home to prevent access by | |
| 2719 | + | 83.25individuals under 21 years of age. | |
| 2720 | + | 83.26 Subd. 5.Importation of hemp-derived products.(a) A cannabis wholesaler that imports | |
| 2721 | + | 83.27lower-potency hemp edible products or hemp-derived consumer products, other than | |
| 2722 | + | 83.28hemp-derived topical products, that are manufactured outside the boundaries of the state of | |
| 2723 | + | 83.29Minnesota with the intent to sell the products to a cannabis microbusiness, cannabis | |
| 2724 | + | 83.30mezzobusiness, cannabis retailer, or lower-potency hemp edible retailer must obtain a | |
| 2725 | + | 83.31hemp-derived product importer endorsement from the office. | |
| 2726 | + | 83.32 (b) A cannabis wholesaler with a hemp-derived product importer endorsement may sell | |
| 2727 | + | 83.33products manufactured outside the boundaries of the state of Minnesota if: | |
| 2728 | + | 83Article 1 Sec. 34. | |
| 2729 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 84.1 (1) the manufacturer is licensed in another jurisdiction and subject to regulations designed | |
| 2730 | + | 84.2to protect the health and safety of consumers that the office determines are substantially | |
| 2731 | + | 84.3similar to the regulations in this state; or | |
| 2732 | + | 84.4 (2) the cannabis wholesaler establishes, to the satisfaction of the office, that the | |
| 2733 | + | 84.5manufacturer engages in practices that are substantially similar to the practices required for | |
| 2734 | + | 84.6licensure of manufacturers in this state. | |
| 2735 | + | 84.7 (c) The cannabis wholesaler must enter all relevant information regarding an imported | |
| 2736 | + | 84.8hemp-derived consumer product into the statewide monitoring system before the product | |
| 2737 | + | 84.9may be distributed. Relevant information includes information regarding the cultivation, | |
| 2738 | + | 84.10processing, and testing of the industrial hemp used in the manufacture of the product and | |
| 2739 | + | 84.11information regarding the testing of the hemp-derived consumer product. If information | |
| 2740 | + | 84.12regarding the industrial hemp or hemp-derived consumer product was submitted to a | |
| 2741 | + | 84.13statewide monitoring system used in another state, the office may require submission of | |
| 2742 | + | 84.14any information provided to that statewide monitoring system and shall assist in the transfer | |
| 2743 | + | 84.15of data from another state as needed and in compliance with any data classification | |
| 2744 | + | 84.16established by either state. | |
| 2745 | + | 84.17 (d) The office may suspend, revoke, or cancel the endorsement of a distributor who is | |
| 2746 | + | 84.18prohibited from distributing products containing cannabinoids in any other jurisdiction, | |
| 2747 | + | 84.19convicted of an offense involving the distribution of products containing cannabinoids in | |
| 2748 | + | 84.20any other jurisdiction, or found liable for distributing any product that injured customers in | |
| 2749 | + | 84.21any other jurisdiction. A cannabis wholesaler shall disclose all relevant information related | |
| 2750 | + | 84.22to actions in another jurisdiction. Failure to disclose relevant information may result in | |
| 2751 | + | 84.23disciplinary action by the office, including the suspension, revocation, or cancellation of | |
| 2752 | + | 84.24an endorsement or license. | |
| 2753 | + | 84.25 (e) Notwithstanding any law to the contrary, it shall not be a defense in any civil or | |
| 2754 | + | 84.26criminal action that a licensed wholesaler relied on information on a product label or | |
| 2755 | + | 84.27otherwise provided by a manufacturer who is not licensed in this state. | |
| 2756 | + | 84.28Sec. 35. [342.33] CANNABIS TRANSPORTER LICENSING. | |
| 2757 | + | 84.29 Subdivision 1.Authorized actions.A cannabis transporter license entitles the license | |
| 2758 | + | 84.30holder to transport immature cannabis plants and seedlings, cannabis flower, cannabis | |
| 2759 | + | 84.31products, synthetically derived cannabinoids, hemp plant parts, hemp concentrate, | |
| 2760 | + | 84.32lower-potency hemp edibles, and hemp-derived consumer products from cannabis | |
| 2761 | + | 84.33microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, | |
| 2762 | + | 84.34cannabis wholesalers, lower-potency hemp edible manufacturers, medical cannabis retailers, | |
| 2763 | + | 84Article 1 Sec. 35. | |
| 2764 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 85.1medical cannabis processors, and industrial hemp growers to cannabis microbusinesses, | |
| 2765 | + | 85.2cannabis mezzobusinesses, cannabis manufacturers, cannabis testing facilities, cannabis | |
| 2766 | + | 85.3wholesalers, cannabis retailers, lower-potency hemp edible product retailers, medical | |
| 2767 | + | 85.4cannabis processors, and medical cannabis retailers and perform other actions approved by | |
| 2768 | + | 85.5the office. | |
| 2769 | + | 85.6 Subd. 2.Additional information required.In addition to the information required to | |
| 2770 | + | 85.7be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2771 | + | 85.8a person, cooperative, or business seeking a cannabis transporter license must submit the | |
| 2772 | + | 85.9following information in a form approved by the office: | |
| 2773 | + | 85.10 (1) an appropriate surety bond, certificate of insurance, qualifications as a self-insurer, | |
| 2774 | + | 85.11or other securities or agreements, in the amount of not less than $300,000, for loss of or | |
| 2775 | + | 85.12damage to cargo; | |
| 2776 | + | 85.13 (2) an appropriate surety bond, certificate of insurance, qualifications as a self-insurer, | |
| 2777 | + | 85.14or other securities or agreements, in the amount of not less than $1,000,000, for injury to | |
| 2778 | + | 85.15one or more persons in any one accident and, if an accident has resulted in injury to or | |
| 2779 | + | 85.16destruction of property, of not less than $100,000 because of such injury to or destruction | |
| 2780 | + | 85.17of property of others in any one accident; | |
| 2781 | + | 85.18 (3) the number and type of equipment the business will use to transport immature cannabis | |
| 2782 | + | 85.19plants and seedlings, cannabis flower, cannabis products, synthetically derived cannabinoids, | |
| 2783 | + | 85.20hemp plant parts, hemp concentrate, lower-potency hemp edibles, and hemp-derived | |
| 2784 | + | 85.21consumer products; | |
| 2785 | + | 85.22 (4) a loading, transporting, and unloading plan; | |
| 2786 | + | 85.23 (5) a description of the applicant's experience in the distribution or security business; | |
| 2787 | + | 85.24and | |
| 2788 | + | 85.25 (6) evidence that the business will comply with the applicable operation requirements | |
| 2789 | + | 85.26for the license being sought. | |
| 2790 | + | 85.27 Subd. 3.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2791 | + | 85.28cannabis transporter license may also hold a cannabis wholesaler license, a cannabis delivery | |
| 2792 | + | 85.29service license, and a cannabis event organizer license. | |
| 2793 | + | 85.30 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2794 | + | 85.31cannabis transporter license may own or operate any other cannabis business. | |
| 2795 | + | 85.32 (c) The office by rule may limit the number of cannabis transporter licenses a person or | |
| 2796 | + | 85.33business may hold. | |
| 2785 | 2797 | 85Article 1 Sec. 35. | |
| 2786 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 86.1cannabis processors, and medical cannabis retailers and perform other actions approved by | |
| 2787 | - | 86.2the office. | |
| 2788 | - | 86.3 Subd. 2.Additional information required.In addition to the information required to | |
| 2789 | - | 86.4be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2790 | - | 86.5a person, cooperative, or business seeking a cannabis transporter license must submit the | |
| 2791 | - | 86.6following information in a form approved by the office: | |
| 2792 | - | 86.7 (1) an appropriate surety bond, certificate of insurance, qualifications as a self-insurer, | |
| 2793 | - | 86.8or other securities or agreements, in the amount of not less than $300,000, for loss of or | |
| 2794 | - | 86.9damage to cargo; | |
| 2795 | - | 86.10 (2) an appropriate surety bond, certificate of insurance, qualifications as a self-insurer, | |
| 2796 | - | 86.11or other securities or agreements, in the amount of not less than $1,000,000, for injury to | |
| 2797 | - | 86.12one or more persons in any one accident and, if an accident has resulted in injury to or | |
| 2798 | - | 86.13destruction of property, of not less than $100,000 because of such injury to or destruction | |
| 2799 | - | 86.14of property of others in any one accident; | |
| 2800 | - | 86.15 (3) the number and type of equipment the business will use to transport immature cannabis | |
| 2801 | - | 86.16plants and seedlings, cannabis flower, cannabis products, synthetically derived cannabinoids, | |
| 2802 | - | 86.17hemp plant parts, hemp concentrate, lower-potency hemp edibles, and hemp-derived | |
| 2803 | - | 86.18consumer products; | |
| 2804 | - | 86.19 (4) a loading, transporting, and unloading plan; | |
| 2805 | - | 86.20 (5) a description of the applicant's experience in the distribution or security business; | |
| 2806 | - | 86.21and | |
| 2807 | - | 86.22 (6) evidence that the business will comply with the applicable operation requirements | |
| 2808 | - | 86.23for the license being sought. | |
| 2809 | - | 86.24 Subd. 3.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2810 | - | 86.25cannabis transporter license may also hold a cannabis wholesaler license, a cannabis delivery | |
| 2811 | - | 86.26service license, and a cannabis event organizer license. | |
| 2812 | - | 86.27 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 2813 | - | 86.28cannabis transporter license may own or operate any other cannabis business. | |
| 2814 | - | 86.29 (c) The office by rule may limit the number of cannabis transporter licenses a person or | |
| 2815 | - | 86.30business may hold. | |
| 2816 | - | 86Article 1 Sec. 35. | |
| 2817 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 87.1 (d) For purposes of this subdivision, restrictions on the number or type of license a | |
| 2818 | - | 87.2business may hold apply to every cooperative member or every director, manager, and | |
| 2819 | - | 87.3general partner of a cannabis business. | |
| 2820 | - | 87.4 Sec. 36. [342.34] CANNABIS TRANSPORTER OPERATIONS. | |
| 2821 | - | 87.5 Subdivision 1.Manifest required.Before transporting immature cannabis plants and | |
| 2822 | - | 87.6seedlings, cannabis flower, cannabis products, synthetically derived cannabinoids, hemp | |
| 2823 | - | 87.7plant parts, hemp concentrate, lower-potency hemp edibles, or hemp-derived consumer | |
| 2824 | - | 87.8products, a cannabis transporter shall obtain a shipping manifest on a form established by | |
| 2825 | - | 87.9the office. The manifest must be kept with the products at all times and the cannabis | |
| 2826 | - | 87.10transporter must maintain a copy of the manifest in its records. | |
| 2827 | - | 87.11 Subd. 2.Records of transportation.Records of transportation must be kept for a | |
| 2828 | - | 87.12minimum of three years at the cannabis transporter's place of business and are subject to | |
| 2829 | - | 87.13inspection upon request by the office or law enforcement agency. Records of transportation | |
| 2830 | - | 87.14include the following: | |
| 2831 | - | 87.15 (1) copies of transportation manifests for all deliveries; | |
| 2832 | - | 87.16 (2) a transportation log documenting the chain of custody for each delivery, including | |
| 2833 | - | 87.17every employee and vehicle used during transportation; and | |
| 2834 | - | 87.18 (3) financial records showing payment for transportation services. | |
| 2835 | - | 87.19 Subd. 3.Storage compartment.Immature cannabis plants and seedlings, cannabis | |
| 2836 | - | 87.20flower, cannabis products, synthetically derived cannabinoids, hemp plant parts, hemp | |
| 2837 | - | 87.21concentrate, lower-potency hemp edibles, and hemp-derived consumer products must be | |
| 2838 | - | 87.22transported in a locked, safe, and secure storage compartment that is part of the motor vehicle | |
| 2839 | - | 87.23or in a locked storage container that has a separate key or combination pad. Items being | |
| 2840 | - | 87.24transported may not be visible from outside the motor vehicle. | |
| 2841 | - | 87.25 Subd. 4.Identifying logos or business names prohibited.No vehicle or trailer may | |
| 2842 | - | 87.26contain an image depicting the types of items being transported, including but not limited | |
| 2843 | - | 87.27to an image depicting a cannabis or hemp leaf, or a name suggesting that the vehicle is used | |
| 2844 | - | 87.28in transporting immature cannabis plants and seedlings, cannabis flower, cannabis products, | |
| 2845 | - | 87.29synthetically derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency | |
| 2846 | - | 87.30hemp edibles, or hemp-derived consumer products. | |
| 2847 | - | 87.31 Subd. 5.Randomized deliveries.A cannabis transporter shall ensure that all delivery | |
| 2848 | - | 87.32times and routes are randomized. | |
| 2849 | - | 87Article 1 Sec. 36. | |
| 2850 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 88.1 Subd. 6.Multiple employees.All cannabis transporter vehicles transporting immature | |
| 2851 | - | 88.2cannabis plants and seedlings, cannabis flower, cannabis products, synthetically derived | |
| 2852 | - | 88.3cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, or | |
| 2853 | - | 88.4hemp-derived consumer products must be staffed with a minimum of two employees. At | |
| 2854 | - | 88.5least one delivery team member shall remain with the motor vehicle at all times that the | |
| 2855 | - | 88.6motor vehicle contains cannabis plants and seedlings, cannabis flower, cannabis products, | |
| 2856 | - | 88.7synthetically derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency | |
| 2857 | - | 88.8hemp edibles, or hemp-derived consumer products. | |
| 2858 | - | 88.9 Subd. 7.Nonemployee passengers prohibited.Only a cannabis worker employed by | |
| 2859 | - | 88.10or contracted with the cannabis transporter and who is at least 21 years of age may transport | |
| 2860 | - | 88.11immature cannabis plants and seedlings, cannabis flower, cannabis products, synthetically | |
| 2861 | - | 88.12derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, or | |
| 2862 | - | 88.13hemp-derived consumer products. All passengers in a vehicle must be cannabis workers | |
| 2863 | - | 88.14employed by or contracted with the cannabis transporter. | |
| 2864 | - | 88.15 Subd. 8.Drivers license required.All drivers must carry a valid driver's license with | |
| 2865 | - | 88.16the proper endorsements when operating a vehicle transporting immature cannabis plants | |
| 2866 | - | 88.17and seedlings, cannabis flower, cannabis products, synthetically derived cannabinoids, hemp | |
| 2867 | - | 88.18plant parts, hemp concentrate, lower-potency hemp edibles, or hemp-derived consumer | |
| 2868 | - | 88.19products. | |
| 2869 | - | 88.20 Subd. 9.Vehicles subject to inspection.Any vehicle assigned for the purposes of | |
| 2870 | - | 88.21transporting immature cannabis plants and seedlings, cannabis flower, cannabis products, | |
| 2871 | - | 88.22synthetically derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency | |
| 2872 | - | 88.23hemp edibles, or hemp-derived consumer products is subject to inspection and may be | |
| 2873 | - | 88.24stopped or inspected at any licensed cannabis business or while en route during transportation. | |
| 2874 | - | 88.25Sec. 37. [342.35] CANNABIS TESTING FACILITY LICENSING. | |
| 2875 | - | 88.26 Subdivision 1.Authorized actions.A cannabis testing facility license entitles the license | |
| 2876 | - | 88.27holder to obtain and test immature cannabis plants and seedlings, cannabis flower, cannabis | |
| 2877 | - | 88.28products, hemp plant parts, hemp concentrate, synthetically derived cannabinoids, | |
| 2878 | - | 88.29lower-potency hemp edibles, and hemp-derived consumer products from cannabis | |
| 2879 | - | 88.30microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, | |
| 2880 | - | 88.31cannabis wholesalers, lower-potency hemp edible manufacturers, medical cannabis | |
| 2881 | - | 88.32cultivators, medical cannabis processors, and industrial hemp growers. | |
| 2882 | - | 88.33 Subd. 2.Additional information required.In addition to the information required to | |
| 2883 | - | 88.34be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2884 | - | 88Article 1 Sec. 37. | |
| 2885 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 89.1a person, cooperative, or business seeking a cannabis testing facility license must submit | |
| 2886 | - | 89.2the following information in a form approved by the office: | |
| 2887 | - | 89.3 (1) an operating plan demonstrating the proposed layout of the facility, including a | |
| 2888 | - | 89.4diagram of ventilation and filtration systems and policies to avoid sales to unlicensed | |
| 2889 | - | 89.5businesses; | |
| 2890 | - | 89.6 (2) proof of accreditation by a laboratory accrediting organization approved by the office | |
| 2891 | - | 89.7that, at a minimum, requires a laboratory to operate formal management systems under the | |
| 2892 | - | 89.8International Organization for Standardization; and | |
| 2893 | - | 89.9 (3) evidence that the business will comply with the applicable operation requirements | |
| 2894 | - | 89.10for the license being sought. | |
| 2895 | - | 89.11 Subd. 3.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2896 | - | 89.12cannabis testing facility license may not own or operate, or be employed by, any other | |
| 2897 | - | 89.13cannabis business or hemp business. | |
| 2898 | - | 89.14 (b) The office by rule may limit the number of cannabis testing facility licenses a person | |
| 2899 | - | 89.15or business may hold. | |
| 2900 | - | 89.16 (c) For purposes of this subdivision, a restriction on the number of licenses a business | |
| 2901 | - | 89.17may hold applies to every cooperative member or every director, manager, and general | |
| 2902 | - | 89.18partner of a cannabis business. | |
| 2903 | - | 89.19Sec. 38. [342.36] CANNABIS TESTING FACILITY OPERATIONS. | |
| 2904 | - | 89.20 Subdivision 1.Testing services.A cannabis testing facility shall provide some or all | |
| 2905 | - | 89.21testing services required under section 342.60 and rules adopted pursuant to that section. | |
| 2906 | - | 89.22 Subd. 2.Testing protocols.A cannabis testing facility shall follow all testing protocols, | |
| 2907 | - | 89.23standards, and criteria adopted by rule by the office for the testing of different forms of | |
| 2908 | - | 89.24cannabis plants and seedlings, cannabis flower, cannabis products, lower-potency hemp | |
| 2909 | - | 89.25edibles, hemp-derived consumer products, hemp plant parts, hemp concentrate, and | |
| 2910 | - | 89.26synthetically derived cannabinoids; determining batch size; sampling; testing validity; and | |
| 2911 | - | 89.27the approval and disapproval of tested items. | |
| 2912 | - | 89.28 Subd. 3.Records.Records of all business transactions and testing results; records | |
| 2913 | - | 89.29required to be maintained pursuant to any applicable standards for accreditation; and records | |
| 2914 | - | 89.30relevant to testing protocols, standards, and criteria adopted by the office must be kept for | |
| 2915 | - | 89.31a minimum of three years at the cannabis testing facility's place of business and are subject | |
| 2916 | - | 89.32to inspection upon request by the office or law enforcement agency. | |
| 2917 | - | 89Article 1 Sec. 38. | |
| 2918 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 90.1 Subd. 4.Disposal of cannabis flower and cannabinoid products.A testing facility | |
| 2919 | - | 90.2shall dispose of or destroy used, unused, and waste cannabis plants and seedlings, cannabis | |
| 2920 | - | 90.3flower, cannabis products, lower-potency hemp edibles, hemp-derived consumer products, | |
| 2921 | - | 90.4hemp plant parts, hemp concentrate, and synthetically derived cannabinoids, pursuant to | |
| 2922 | - | 90.5rules adopted by the office. | |
| 2923 | - | 90.6 Sec. 39. [342.37] CANNABIS EVENT ORGANIZER LICENSING. | |
| 2924 | - | 90.7 Subdivision 1.Authorized actions.A cannabis event organizer license entitles the | |
| 2925 | - | 90.8license holder to organize a temporary cannabis event lasting no more than four days. | |
| 2926 | - | 90.9 Subd. 2.Additional information required.(a) In addition to the information required | |
| 2927 | - | 90.10to be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that | |
| 2928 | - | 90.11section, a person, cooperative, or business seeking a cannabis event organizer license must | |
| 2929 | - | 90.12submit the following information in a form approved by the office: | |
| 2930 | - | 90.13 (1) the type and number of any other cannabis business license held by the applicant; | |
| 2931 | - | 90.14 (2) the address and location where the temporary cannabis event will take place; | |
| 2932 | - | 90.15 (3) the name of the temporary cannabis event; | |
| 2933 | - | 90.16 (4) a diagram of the physical layout of the temporary cannabis event showing where the | |
| 2934 | - | 90.17event will take place on the grounds; all entrances and exits that will be used by participants | |
| 2935 | - | 90.18during the event; all cannabis consumption areas; all cannabis retail areas where cannabis | |
| 2936 | - | 90.19flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products | |
| 2937 | - | 90.20will be sold; the location where cannabis waste will be stored; and any location where | |
| 2938 | - | 90.21cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer | |
| 2939 | - | 90.22products will be stored; | |
| 2940 | - | 90.23 (5) a list of the name, number, and type of cannabis businesses and hemp businesses | |
| 2941 | - | 90.24that will sell cannabis plants, adult-use cannabis flower, adult-use cannabis products, and | |
| 2942 | - | 90.25hemp-derived consumer products at the event, which may be supplemented or amended | |
| 2943 | - | 90.26within 72 hours of the time at which the cannabis event begins; | |
| 2944 | - | 90.27 (6) the dates and hours during which the cannabis event will take place; | |
| 2945 | - | 90.28 (7) proof of local approval for the cannabis event; and | |
| 2946 | - | 90.29 (8) evidence that the business will comply with the applicable operation requirements | |
| 2947 | - | 90.30for the license being sought. | |
| 2948 | - | 90Article 1 Sec. 39. | |
| 2949 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 91.1 (b) A person, cooperative, or business seeking a cannabis event organizer license may | |
| 2950 | - | 91.2also disclose whether the person or any officer, director, manager, and general partner of a | |
| 2951 | - | 91.3cannabis business is serving or has previously served in the military. | |
| 2952 | - | 91.4 Subd. 3.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2953 | - | 91.5cannabis event organizer license may not hold a cannabis testing facility license, a | |
| 2954 | - | 91.6lower-potency hemp edible manufacturer license, or a lower-potency hemp edible retailer | |
| 2955 | - | 91.7license. | |
| 2956 | - | 91.8 (b) The office by rule may limit the number of cannabis event licenses that a person or | |
| 2957 | - | 91.9business may hold. | |
| 2958 | - | 91.10 (c) For purposes of this subdivision, restrictions on the number or type of license that a | |
| 2959 | - | 91.11business may hold apply to every cooperative member or every director, manager, and | |
| 2960 | - | 91.12general partner of a cannabis business. | |
| 2961 | - | 91.13Sec. 40. [342.38] CANNABIS EVENT ORGANIZER OPERATIONS. | |
| 2962 | - | 91.14 Subdivision 1.Local approval.A cannabis event organizer must receive local approval, | |
| 2963 | - | 91.15including obtaining any necessary permits or licenses issued by a local unit of government, | |
| 2964 | - | 91.16before holding a cannabis event. | |
| 2965 | - | 91.17 Subd. 2.Charging fees.(a) A cannabis event organizer may charge an entrance fee to | |
| 2966 | - | 91.18a cannabis event. | |
| 2967 | - | 91.19 (b) A cannabis event organizer may charge a fee to a cannabis business or hemp business | |
| 2968 | - | 91.20in exchange for space to display and sell cannabis plants, adult-use cannabis flower, adult-use | |
| 2969 | - | 91.21cannabis products, lower-potency hemp edibles, and hemp-derived consumer products. Any | |
| 2970 | - | 91.22fee paid for participation in a cannabis event shall not be based on or tied to the sale of | |
| 2971 | - | 91.23cannabis plants, adult-use cannabis flower, adult-use cannabis products, lower-potency | |
| 2972 | - | 91.24hemp edibles, or hemp-derived consumer products. | |
| 2973 | - | 91.25 Subd. 3.Security.A cannabis event organizer must hire or contract for licensed security | |
| 2974 | - | 91.26personnel to provide security services at the cannabis event. All security personnel hired or | |
| 2975 | - | 91.27contracted for shall be at least 21 years of age and present on the licensed event premises | |
| 2976 | - | 91.28at all times that cannabis plants, adult-use cannabis flower, adult-use cannabis products, | |
| 2977 | - | 91.29lower-potency hemp edibles, or hemp-derived consumer products are available for sale or | |
| 2978 | - | 91.30consumption of adult-use cannabis flower, adult-use cannabis products, lower-potency hemp | |
| 2979 | - | 91.31edibles, or hemp-derived consumer products is allowed. The security personnel shall not | |
| 2980 | - | 91.32consume cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 2981 | - | 91.33consumer products for at least 24 hours before the event or during the event. | |
| 2798 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 86.1 (d) For purposes of this subdivision, restrictions on the number or type of license a | |
| 2799 | + | 86.2business may hold apply to every cooperative member or every director, manager, and | |
| 2800 | + | 86.3general partner of a cannabis business. | |
| 2801 | + | 86.4 Sec. 36. [342.34] CANNABIS TRANSPORTER OPERATIONS. | |
| 2802 | + | 86.5 Subdivision 1.Manifest required.Before transporting immature cannabis plants and | |
| 2803 | + | 86.6seedlings, cannabis flower, cannabis products, synthetically derived cannabinoids, hemp | |
| 2804 | + | 86.7plant parts, hemp concentrate, lower-potency hemp edibles, or hemp-derived consumer | |
| 2805 | + | 86.8products, a cannabis transporter shall obtain a shipping manifest on a form established by | |
| 2806 | + | 86.9the office. The manifest must be kept with the products at all times and the cannabis | |
| 2807 | + | 86.10transporter must maintain a copy of the manifest in its records. | |
| 2808 | + | 86.11 Subd. 2.Records of transportation.Records of transportation must be kept for a | |
| 2809 | + | 86.12minimum of three years at the cannabis transporter's place of business and are subject to | |
| 2810 | + | 86.13inspection upon request by the office or law enforcement agency. Records of transportation | |
| 2811 | + | 86.14include the following: | |
| 2812 | + | 86.15 (1) copies of transportation manifests for all deliveries; | |
| 2813 | + | 86.16 (2) a transportation log documenting the chain of custody for each delivery, including | |
| 2814 | + | 86.17every employee and vehicle used during transportation; and | |
| 2815 | + | 86.18 (3) financial records showing payment for transportation services. | |
| 2816 | + | 86.19 Subd. 3.Storage compartment.Immature cannabis plants and seedlings, cannabis | |
| 2817 | + | 86.20flower, cannabis products, synthetically derived cannabinoids, hemp plant parts, hemp | |
| 2818 | + | 86.21concentrate, lower-potency hemp edibles, and hemp-derived consumer products must be | |
| 2819 | + | 86.22transported in a locked, safe, and secure storage compartment that is part of the motor vehicle | |
| 2820 | + | 86.23or in a locked storage container that has a separate key or combination pad. Items being | |
| 2821 | + | 86.24transported may not be visible from outside the motor vehicle. | |
| 2822 | + | 86.25 Subd. 4.Identifying logos or business names prohibited.No vehicle or trailer may | |
| 2823 | + | 86.26contain an image depicting the types of items being transported, including but not limited | |
| 2824 | + | 86.27to an image depicting a cannabis or hemp leaf, or a name suggesting that the vehicle is used | |
| 2825 | + | 86.28in transporting immature cannabis plants and seedlings, cannabis flower, cannabis products, | |
| 2826 | + | 86.29synthetically derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency | |
| 2827 | + | 86.30hemp edibles, or hemp-derived consumer products. | |
| 2828 | + | 86.31 Subd. 5.Randomized deliveries.A cannabis transporter shall ensure that all delivery | |
| 2829 | + | 86.32times and routes are randomized. | |
| 2830 | + | 86Article 1 Sec. 36. | |
| 2831 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 87.1 Subd. 6.Multiple employees.All cannabis transporter vehicles transporting immature | |
| 2832 | + | 87.2cannabis plants and seedlings, cannabis flower, cannabis products, synthetically derived | |
| 2833 | + | 87.3cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, or | |
| 2834 | + | 87.4hemp-derived consumer products must be staffed with a minimum of two employees. At | |
| 2835 | + | 87.5least one delivery team member shall remain with the motor vehicle at all times that the | |
| 2836 | + | 87.6motor vehicle contains cannabis plants and seedlings, cannabis flower, cannabis products, | |
| 2837 | + | 87.7synthetically derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency | |
| 2838 | + | 87.8hemp edibles, or hemp-derived consumer products. | |
| 2839 | + | 87.9 Subd. 7.Nonemployee passengers prohibited.Only a cannabis worker employed by | |
| 2840 | + | 87.10or contracted with the cannabis transporter and who is at least 21 years of age may transport | |
| 2841 | + | 87.11immature cannabis plants and seedlings, cannabis flower, cannabis products, synthetically | |
| 2842 | + | 87.12derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, or | |
| 2843 | + | 87.13hemp-derived consumer products. All passengers in a vehicle must be cannabis workers | |
| 2844 | + | 87.14employed by or contracted with the cannabis transporter. | |
| 2845 | + | 87.15 Subd. 8.Drivers license required.All drivers must carry a valid driver's license with | |
| 2846 | + | 87.16the proper endorsements when operating a vehicle transporting immature cannabis plants | |
| 2847 | + | 87.17and seedlings, cannabis flower, cannabis products, synthetically derived cannabinoids, hemp | |
| 2848 | + | 87.18plant parts, hemp concentrate, lower-potency hemp edibles, or hemp-derived consumer | |
| 2849 | + | 87.19products. | |
| 2850 | + | 87.20 Subd. 9.Vehicles subject to inspection.Any vehicle assigned for the purposes of | |
| 2851 | + | 87.21transporting immature cannabis plants and seedlings, cannabis flower, cannabis products, | |
| 2852 | + | 87.22synthetically derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency | |
| 2853 | + | 87.23hemp edibles, or hemp-derived consumer products is subject to inspection and may be | |
| 2854 | + | 87.24stopped or inspected at any licensed cannabis business or while en route during transportation. | |
| 2855 | + | 87.25Sec. 37. [342.35] CANNABIS TESTING FACILITY LICENSING. | |
| 2856 | + | 87.26 Subdivision 1.Authorized actions.A cannabis testing facility license entitles the license | |
| 2857 | + | 87.27holder to obtain and test immature cannabis plants and seedlings, cannabis flower, cannabis | |
| 2858 | + | 87.28products, hemp plant parts, hemp concentrate, synthetically derived cannabinoids, | |
| 2859 | + | 87.29lower-potency hemp edibles, and hemp-derived consumer products from cannabis | |
| 2860 | + | 87.30microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, | |
| 2861 | + | 87.31cannabis wholesalers, lower-potency hemp edible manufacturers, medical cannabis | |
| 2862 | + | 87.32cultivators, medical cannabis processors, and industrial hemp growers. | |
| 2863 | + | 87.33 Subd. 2.Additional information required.In addition to the information required to | |
| 2864 | + | 87.34be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 2865 | + | 87Article 1 Sec. 37. | |
| 2866 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 88.1a person, cooperative, or business seeking a cannabis testing facility license must submit | |
| 2867 | + | 88.2the following information in a form approved by the office: | |
| 2868 | + | 88.3 (1) an operating plan demonstrating the proposed layout of the facility, including a | |
| 2869 | + | 88.4diagram of ventilation and filtration systems and policies to avoid sales to unlicensed | |
| 2870 | + | 88.5businesses; | |
| 2871 | + | 88.6 (2) proof of accreditation by a laboratory accrediting organization approved by the office | |
| 2872 | + | 88.7that, at a minimum, requires a laboratory to operate formal management systems under the | |
| 2873 | + | 88.8International Organization for Standardization; and | |
| 2874 | + | 88.9 (3) evidence that the business will comply with the applicable operation requirements | |
| 2875 | + | 88.10for the license being sought. | |
| 2876 | + | 88.11 Subd. 3.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2877 | + | 88.12cannabis testing facility license may not own or operate, or be employed by, any other | |
| 2878 | + | 88.13cannabis business or hemp business. | |
| 2879 | + | 88.14 (b) The office by rule may limit the number of cannabis testing facility licenses a person | |
| 2880 | + | 88.15or business may hold. | |
| 2881 | + | 88.16 (c) For purposes of this subdivision, a restriction on the number of licenses a business | |
| 2882 | + | 88.17may hold applies to every cooperative member or every director, manager, and general | |
| 2883 | + | 88.18partner of a cannabis business. | |
| 2884 | + | 88.19Sec. 38. [342.36] CANNABIS TESTING FACILITY OPERATIONS. | |
| 2885 | + | 88.20 Subdivision 1.Testing services.A cannabis testing facility shall provide some or all | |
| 2886 | + | 88.21testing services required under section 342.60 and rules adopted pursuant to that section. | |
| 2887 | + | 88.22 Subd. 2.Testing protocols.A cannabis testing facility shall follow all testing protocols, | |
| 2888 | + | 88.23standards, and criteria adopted by rule by the office for the testing of different forms of | |
| 2889 | + | 88.24cannabis plants and seedlings, cannabis flower, cannabis products, lower-potency hemp | |
| 2890 | + | 88.25edibles, hemp-derived consumer products, hemp plant parts, hemp concentrate, and | |
| 2891 | + | 88.26synthetically derived cannabinoids; determining batch size; sampling; testing validity; and | |
| 2892 | + | 88.27the approval and disapproval of tested items. | |
| 2893 | + | 88.28 Subd. 3.Records.Records of all business transactions and testing results; records | |
| 2894 | + | 88.29required to be maintained pursuant to any applicable standards for accreditation; and records | |
| 2895 | + | 88.30relevant to testing protocols, standards, and criteria adopted by the office must be kept for | |
| 2896 | + | 88.31a minimum of three years at the cannabis testing facility's place of business and are subject | |
| 2897 | + | 88.32to inspection upon request by the office or law enforcement agency. | |
| 2898 | + | 88Article 1 Sec. 38. | |
| 2899 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 89.1 Subd. 4.Disposal of cannabis flower and cannabinoid products.A testing facility | |
| 2900 | + | 89.2shall dispose of or destroy used, unused, and waste cannabis plants and seedlings, cannabis | |
| 2901 | + | 89.3flower, cannabis products, lower-potency hemp edibles, hemp-derived consumer products, | |
| 2902 | + | 89.4hemp plant parts, hemp concentrate, and synthetically derived cannabinoids, pursuant to | |
| 2903 | + | 89.5rules adopted by the office. | |
| 2904 | + | 89.6 Sec. 39. [342.37] CANNABIS EVENT ORGANIZER LICENSING. | |
| 2905 | + | 89.7 Subdivision 1.Authorized actions.A cannabis event organizer license entitles the | |
| 2906 | + | 89.8license holder to organize a temporary cannabis event lasting no more than four days. | |
| 2907 | + | 89.9 Subd. 2.Additional information required.(a) In addition to the information required | |
| 2908 | + | 89.10to be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that | |
| 2909 | + | 89.11section, a person, cooperative, or business seeking a cannabis event organizer license must | |
| 2910 | + | 89.12submit the following information in a form approved by the office: | |
| 2911 | + | 89.13 (1) the type and number of any other cannabis business license held by the applicant; | |
| 2912 | + | 89.14 (2) the address and location where the temporary cannabis event will take place; | |
| 2913 | + | 89.15 (3) the name of the temporary cannabis event; | |
| 2914 | + | 89.16 (4) a diagram of the physical layout of the temporary cannabis event showing where the | |
| 2915 | + | 89.17event will take place on the grounds; all entrances and exits that will be used by participants | |
| 2916 | + | 89.18during the event; all cannabis consumption areas; all cannabis retail areas where cannabis | |
| 2917 | + | 89.19flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products | |
| 2918 | + | 89.20will be sold; the location where cannabis waste will be stored; and any location where | |
| 2919 | + | 89.21cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer | |
| 2920 | + | 89.22products will be stored; | |
| 2921 | + | 89.23 (5) a list of the name, number, and type of cannabis businesses and hemp businesses | |
| 2922 | + | 89.24that will sell cannabis plants, adult-use cannabis flower, adult-use cannabinoid products, | |
| 2923 | + | 89.25and hemp-derived consumer products at the event, which may be supplemented or amended | |
| 2924 | + | 89.26within 72 hours of the time at which the cannabis event begins; | |
| 2925 | + | 89.27 (6) the dates and hours during which the cannabis event will take place; | |
| 2926 | + | 89.28 (7) proof of local approval for the cannabis event; and | |
| 2927 | + | 89.29 (8) evidence that the business will comply with the applicable operation requirements | |
| 2928 | + | 89.30for the license being sought. | |
| 2929 | + | 89Article 1 Sec. 39. | |
| 2930 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 90.1 (b) A person, cooperative, or business seeking a cannabis event organizer license may | |
| 2931 | + | 90.2also disclose whether the person or any officer, director, manager, and general partner of a | |
| 2932 | + | 90.3cannabis business is serving or has previously served in the military. | |
| 2933 | + | 90.4 Subd. 3.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 2934 | + | 90.5cannabis event organizer license may not hold a cannabis testing facility license, a | |
| 2935 | + | 90.6lower-potency hemp edible manufacturer license, or a lower-potency hemp edible retailer | |
| 2936 | + | 90.7license. | |
| 2937 | + | 90.8 (b) The office by rule may limit the number of cannabis event licenses that a person or | |
| 2938 | + | 90.9business may hold. | |
| 2939 | + | 90.10 (c) For purposes of this subdivision, restrictions on the number or type of license that a | |
| 2940 | + | 90.11business may hold apply to every cooperative member or every director, manager, and | |
| 2941 | + | 90.12general partner of a cannabis business. | |
| 2942 | + | 90.13Sec. 40. [342.38] CANNABIS EVENT ORGANIZER OPERATIONS. | |
| 2943 | + | 90.14 Subdivision 1.Local approval.A cannabis event organizer must receive local approval, | |
| 2944 | + | 90.15including obtaining any necessary permits or licenses issued by a local unit of government, | |
| 2945 | + | 90.16before holding a cannabis event. | |
| 2946 | + | 90.17 Subd. 2.Charging fees.(a) A cannabis event organizer may charge an entrance fee to | |
| 2947 | + | 90.18a cannabis event. | |
| 2948 | + | 90.19 (b) A cannabis event organizer may charge a fee to a cannabis business or hemp business | |
| 2949 | + | 90.20in exchange for space to display and sell cannabis plants, adult-use cannabis flower, adult-use | |
| 2950 | + | 90.21cannabis products, lower-potency hemp edibles, and hemp-derived consumer products. Any | |
| 2951 | + | 90.22fee paid for participation in a cannabis event shall not be based on or tied to the sale of | |
| 2952 | + | 90.23cannabis plants, adult-use cannabis flower, adult-use cannabis products, lower-potency | |
| 2953 | + | 90.24hemp edibles, or hemp-derived consumer products. | |
| 2954 | + | 90.25 Subd. 3.Security.A cannabis event organizer must hire or contract for licensed security | |
| 2955 | + | 90.26personnel to provide security services at the cannabis event. All security personnel hired or | |
| 2956 | + | 90.27contracted for shall be at least 21 years of age and present on the licensed event premises | |
| 2957 | + | 90.28at all times that cannabis plants, adult-use cannabis flower, adult-use cannabis products, | |
| 2958 | + | 90.29lower-potency hemp edibles, or hemp-derived consumer products are available for sale or | |
| 2959 | + | 90.30consumption of adult-use cannabis flower, adult-use cannabis products, lower-potency hemp | |
| 2960 | + | 90.31edibles, or hemp-derived consumer products is allowed. The security personnel shall not | |
| 2961 | + | 90.32consume cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 2962 | + | 90.33consumer products for at least 24 hours before the event or during the event. | |
| 2963 | + | 90Article 1 Sec. 40. | |
| 2964 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 91.1 Subd. 4.Limited access to event.A cannabis event organizer shall ensure that access | |
| 2965 | + | 91.2to an event is limited to individuals who are at least 21 years of age. At or near each public | |
| 2966 | + | 91.3entrance to any area where the sale or consumption of adult-use cannabis flower, adult-use | |
| 2967 | + | 91.4cannabis products, lower-potency hemp edibles, or hemp-derived consumer products is | |
| 2968 | + | 91.5allowed, a cannabis event organizer shall maintain a clearly visible and legible sign consisting | |
| 2969 | + | 91.6of the following statement: "No persons under 21 allowed." The lettering of the sign shall | |
| 2970 | + | 91.7be not less than one inch in height. | |
| 2971 | + | 91.8 Subd. 5.Cannabis waste.A cannabis event organizer shall ensure that all used, unused, | |
| 2972 | + | 91.9and waste cannabis plants, adult-use cannabis flower, adult-use cannabis products, | |
| 2973 | + | 91.10lower-potency hemp edibles, and hemp-derived consumer products that are not removed | |
| 2974 | + | 91.11by a customer, cannabis business, or hemp business are disposed of in a manner approved | |
| 2975 | + | 91.12by the office. | |
| 2976 | + | 91.13 Subd. 6.Transportation of cannabis plants, flower, and products.All transportation | |
| 2977 | + | 91.14of cannabis plants, adult-use cannabis flower, adult-use cannabis products, lower-potency | |
| 2978 | + | 91.15hemp edibles, and hemp-derived consumer products intended for display or sale and all | |
| 2979 | + | 91.16such items used for display or not sold during the cannabis event must be transported to | |
| 2980 | + | 91.17and from the cannabis event by a licensed cannabis transporter. | |
| 2981 | + | 91.18 Subd. 7.Cannabis event sales.(a) Cannabis microbusinesses with a retail endorsement, | |
| 2982 | + | 91.19cannabis mezzobusinesses with a retail endorsement, cannabis retailers, and lower-potency | |
| 2983 | + | 91.20hemp edible retailers, including the cannabis event organizer, may be authorized to sell | |
| 2984 | + | 91.21cannabis plants, adult-use cannabis flower, adult-use cannabis products, lower-potency | |
| 2985 | + | 91.22hemp edibles, and hemp-derived consumer products to customers at a cannabis event. | |
| 2986 | + | 91.23 (b) All sales of cannabis plants, adult-use cannabis flower, adult-use cannabis products, | |
| 2987 | + | 91.24lower-potency hemp edibles, and hemp-derived consumer products at a cannabis event must | |
| 2988 | + | 91.25take place in a retail area as designated in the premises diagram. | |
| 2989 | + | 91.26 (c) Authorized retailers may only conduct sales within their specifically assigned area. | |
| 2990 | + | 91.27 (d) Authorized retailers must verify the age of all customers pursuant to section 342.28, | |
| 2991 | + | 91.28subdivision 4, before completing a sale and may not sell cannabis plants, adult-use cannabis | |
| 2992 | + | 91.29flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 2993 | + | 91.30products to an individual under 21 years of age. | |
| 2994 | + | 91.31 (e) Authorized retailers may display one sample of each type of cannabis plant, adult-use | |
| 2995 | + | 91.32cannabis flower, adult-use cannabis product, lower-potency hemp edible, and hemp-derived | |
| 2996 | + | 91.33consumer product available for sale. Samples of adult-use cannabis flower and adult-use | |
| 2997 | + | 91.34cannabis products must be stored in a sample jar or display case and be accompanied by a | |
| 2982 | 2998 | 91Article 1 Sec. 40. | |
| 2983 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 92.1 Subd. 4.Limited access to event.A cannabis event organizer shall ensure that access | |
| 2984 | - | 92.2to an event is limited to individuals who are at least 21 years of age. At or near each public | |
| 2985 | - | 92.3entrance to any area where the sale or consumption of adult-use cannabis flower, adult-use | |
| 2986 | - | 92.4cannabis products, lower-potency hemp edibles, or hemp-derived consumer products is | |
| 2987 | - | 92.5allowed, a cannabis event organizer shall maintain a clearly visible and legible sign consisting | |
| 2988 | - | 92.6of the following statement: "No persons under 21 allowed." The lettering of the sign shall | |
| 2989 | - | 92.7be not less than one inch in height. | |
| 2990 | - | 92.8 Subd. 5.Cannabis waste.A cannabis event organizer shall ensure that all used, unused, | |
| 2991 | - | 92.9and waste cannabis plants, adult-use cannabis flower, adult-use cannabis products, | |
| 2992 | - | 92.10lower-potency hemp edibles, and hemp-derived consumer products that are not removed | |
| 2993 | - | 92.11by a customer, cannabis business, or hemp business are disposed of in a manner approved | |
| 2994 | - | 92.12by the office. | |
| 2995 | - | 92.13 Subd. 6.Transportation of cannabis plants, flower, and products.All transportation | |
| 2996 | - | 92.14of cannabis plants, adult-use cannabis flower, adult-use cannabis products, lower-potency | |
| 2997 | - | 92.15hemp edibles, and hemp-derived consumer products intended for display or sale and all | |
| 2998 | - | 92.16such items used for display or not sold during the cannabis event must be transported to | |
| 2999 | - | 92.17and from the cannabis event by a licensed cannabis transporter. | |
| 3000 | - | 92.18 Subd. 7.Cannabis event sales.(a) Cannabis microbusinesses with a retail endorsement, | |
| 3001 | - | 92.19cannabis mezzobusinesses with a retail endorsement, cannabis retailers, and lower-potency | |
| 3002 | - | 92.20hemp edible retailers, including the cannabis event organizer, may be authorized to sell | |
| 3003 | - | 92.21cannabis plants, adult-use cannabis flower, adult-use cannabis products, lower-potency | |
| 3004 | - | 92.22hemp edibles, and hemp-derived consumer products to customers at a cannabis event. | |
| 3005 | - | 92.23 (b) All sales of cannabis plants, adult-use cannabis flower, adult-use cannabis products, | |
| 3006 | - | 92.24lower-potency hemp edibles, and hemp-derived consumer products at a cannabis event must | |
| 3007 | - | 92.25take place in a retail area as designated in the premises diagram. | |
| 3008 | - | 92.26 (c) Authorized retailers may only conduct sales within their specifically assigned area. | |
| 3009 | - | 92.27 (d) Authorized retailers must verify the age of all customers pursuant to section 342.28, | |
| 3010 | - | 92.28subdivision 4, before completing a sale and may not sell cannabis plants, adult-use cannabis | |
| 3011 | - | 92.29flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 3012 | - | 92.30products to an individual under 21 years of age. | |
| 3013 | - | 92.31 (e) Authorized retailers may display one sample of each type of cannabis plant, adult-use | |
| 3014 | - | 92.32cannabis flower, adult-use cannabis product, lower-potency hemp edible, and hemp-derived | |
| 3015 | - | 92.33consumer product available for sale. Samples of adult-use cannabis flower and adult-use | |
| 3016 | - | 92.34cannabis products must be stored in a sample jar or display case and be accompanied by a | |
| 2999 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 92.1label or notice containing the information required to be affixed to the packaging or container | |
| 3000 | + | 92.2containing adult-use cannabis flower and adult-use cannabis products sold to customers. A | |
| 3001 | + | 92.3sample may not consist of more than eight grams of adult-use cannabis flower or adult-use | |
| 3002 | + | 92.4cannabis concentrate, or an edible cannabis product infused with more than 100 milligrams | |
| 3003 | + | 92.5of tetrahydrocannabinol. A cannabis retailer may allow customers to smell the adult-use | |
| 3004 | + | 92.6cannabis flower or adult-use cannabis product before purchase. | |
| 3005 | + | 92.7 (f) The notice requirements under section 342.28, subdivision 6, apply to authorized | |
| 3006 | + | 92.8cannabis retailers and licensed cannabis microbusinesses offering cannabis plants, adult-use | |
| 3007 | + | 92.9cannabis flower, adult-use cannabinoid products, and hemp-derived consumer products for | |
| 3008 | + | 92.10sale at a cannabis event. | |
| 3009 | + | 92.11 (g) Authorized retailers may not: | |
| 3010 | + | 92.12 (1) sell adult-use cannabis flower, adult-use cannabis products, lower-potency hemp | |
| 3011 | + | 92.13edibles, or hemp-derived consumer products to a person who is visibly intoxicated; | |
| 3012 | + | 92.14 (2) knowingly sell more cannabis plants, adult-use cannabis flower, adult-use cannabis | |
| 3013 | + | 92.15products, lower-potency hemp edibles, or hemp-derived consumer products than a customer | |
| 3014 | + | 92.16is legally permitted to possess; | |
| 3015 | + | 92.17 (3) sell medical cannabis flower or medical cannabinoid products; | |
| 3016 | + | 92.18 (4) give away cannabis plants, cannabis flower, cannabis products, lower-potency hemp | |
| 3017 | + | 92.19edibles, or hemp-derived consumer products; or | |
| 3018 | + | 92.20 (5) allow for the dispensing of cannabis plants, cannabis flower, cannabis products, | |
| 3019 | + | 92.21lower-potency hemp edibles, or hemp-derived consumer products in vending machines. | |
| 3020 | + | 92.22 (h) Except for samples of a cannabis plant, adult-use cannabis flower, adult-use cannabis | |
| 3021 | + | 92.23product, lower-potency hemp edible, and hemp-derived consumer product, all cannabis | |
| 3022 | + | 92.24plants, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, | |
| 3023 | + | 92.25and hemp-derived consumer products for sale at a cannabis event must be stored in a secure, | |
| 3024 | + | 92.26locked container that is not accessible to the public. Such items being stored at a cannabis | |
| 3025 | + | 92.27event shall not be left unattended. | |
| 3026 | + | 92.28 (i) All cannabis plants, adult-use cannabis flower, adult-use cannabis products, | |
| 3027 | + | 92.29lower-potency hemp edibles, or hemp-derived consumer products for sale at a cannabis | |
| 3028 | + | 92.30event must comply with this chapter and rules adopted pursuant to this chapter regarding | |
| 3029 | + | 92.31the testing, packaging, and labeling of those items. | |
| 3017 | 3030 | 92Article 1 Sec. 40. | |
| 3018 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 93.1label or notice containing the information required to be affixed to the packaging or container | |
| 3019 | - | 93.2containing adult-use cannabis flower and adult-use cannabis products sold to customers. A | |
| 3020 | - | 93.3sample may not consist of more than eight grams of adult-use cannabis flower or adult-use | |
| 3021 | - | 93.4cannabis concentrate, or an edible cannabis product infused with more than 100 milligrams | |
| 3022 | - | 93.5of tetrahydrocannabinol. A cannabis retailer may allow customers to smell the adult-use | |
| 3023 | - | 93.6cannabis flower or adult-use cannabis product before purchase. | |
| 3024 | - | 93.7 (f) The notice requirements under section 342.28, subdivision 6, apply to authorized | |
| 3025 | - | 93.8cannabis retailers and licensed cannabis microbusinesses offering cannabis plants, adult-use | |
| 3026 | - | 93.9cannabis flower, adult-use cannabinoid products, and hemp-derived consumer products for | |
| 3027 | - | 93.10sale at a cannabis event. | |
| 3028 | - | 93.11 (g) Authorized retailers may not: | |
| 3029 | - | 93.12 (1) sell adult-use cannabis flower, adult-use cannabis products, lower-potency hemp | |
| 3030 | - | 93.13edibles, or hemp-derived consumer products to a person who is visibly intoxicated; | |
| 3031 | - | 93.14 (2) knowingly sell more cannabis plants, adult-use cannabis flower, adult-use cannabis | |
| 3032 | - | 93.15products, lower-potency hemp edibles, or hemp-derived consumer products than a customer | |
| 3033 | - | 93.16is legally permitted to possess; | |
| 3034 | - | 93.17 (3) sell medical cannabis flower or medical cannabinoid products; | |
| 3035 | - | 93.18 (4) give away cannabis plants, cannabis flower, cannabis products, lower-potency hemp | |
| 3036 | - | 93.19edibles, or hemp-derived consumer products; or | |
| 3037 | - | 93.20 (5) allow for the dispensing of cannabis plants, cannabis flower, cannabis products, | |
| 3038 | - | 93.21lower-potency hemp edibles, or hemp-derived consumer products in vending machines. | |
| 3039 | - | 93.22 (h) Except for samples of a cannabis plant, adult-use cannabis flower, adult-use cannabis | |
| 3040 | - | 93.23product, lower-potency hemp edible, and hemp-derived consumer product, all cannabis | |
| 3041 | - | 93.24plants, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, | |
| 3042 | - | 93.25and hemp-derived consumer products for sale at a cannabis event must be stored in a secure, | |
| 3043 | - | 93.26locked container that is not accessible to the public. Such items being stored at a cannabis | |
| 3044 | - | 93.27event shall not be left unattended. | |
| 3045 | - | 93.28 (i) All cannabis plants, adult-use cannabis flower, adult-use cannabis products, | |
| 3046 | - | 93.29lower-potency hemp edibles, or hemp-derived consumer products for sale at a cannabis | |
| 3047 | - | 93.30event must comply with this chapter and rules adopted pursuant to this chapter regarding | |
| 3048 | - | 93.31the testing, packaging, and labeling of those items. | |
| 3049 | - | 93Article 1 Sec. 40. | |
| 3050 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 94.1 (j) All cannabis plants, adult-use cannabis flower, and adult-use cannabis products sold, | |
| 3051 | - | 94.2damaged, or destroyed at a cannabis event must be recorded in the statewide monitoring | |
| 3052 | - | 94.3system. | |
| 3053 | - | 94.4 Subd. 8.Cannabis event on-site consumption.(a) If approved by the local unit of | |
| 3054 | - | 94.5government, a cannabis event may designate an area for consumption of adult-use cannabis | |
| 3055 | - | 94.6flower, adult-use cannabis products, lower-potency hemp edibles, hemp-derived consumer | |
| 3056 | - | 94.7products, or any combination of those items. | |
| 3057 | - | 94.8 (b) Access to areas where consumption of adult-use cannabis flower, adult-use cannabis | |
| 3058 | - | 94.9products, lower-potency hemp edibles, or hemp-derived consumer products is allowed shall | |
| 3059 | - | 94.10be restricted to individuals who are at least 21 years of age. | |
| 3060 | - | 94.11 (c) The cannabis event organizer shall ensure that consumption of adult-use cannabis | |
| 3061 | - | 94.12flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 3062 | - | 94.13products within a designated consumption area is not visible from any public place. | |
| 3063 | - | 94.14 (d) The cannabis event organizer shall not permit consumption of alcohol or tobacco. | |
| 3064 | - | 94.15 (e) The cannabis event organizer shall not permit smoking, according to section 144.413, | |
| 3065 | - | 94.16of adult-use cannabis flower or cannabis products at any location where smoking is not | |
| 3066 | - | 94.17permitted under sections 144.413 to 144.417. Nothing in this section prohibits a statutory | |
| 3067 | - | 94.18or home rule charter city or county from enacting and enforcing more stringent measures | |
| 3068 | - | 94.19to protect individuals from secondhand smoke or involuntary exposure to aerosol or vapor | |
| 3069 | - | 94.20from electronic delivery devices. | |
| 3070 | - | 94.21Sec. 41. [342.39] CANNABIS DELIVERY SERVICE LICENSING. | |
| 3071 | - | 94.22 Subdivision 1.Authorized actions.A cannabis delivery service license entitles the | |
| 3072 | - | 94.23license holder to purchase cannabis flower, cannabis products, lower-potency hemp edibles, | |
| 3073 | - | 94.24and hemp-derived consumer products from licensed cannabis retailers, licensed cannabis | |
| 3074 | - | 94.25microbusinesses with a retail endorsement, cannabis mezzobusinesses with a retail | |
| 3075 | - | 94.26endorsement, cannabis retailers, and medical cannabis retailers; transport and deliver cannabis | |
| 3076 | - | 94.27flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumable | |
| 3077 | - | 94.28products to customers; and perform other actions approved by the office. | |
| 3078 | - | 94.29 Subd. 2.Additional information required.In addition to the information required to | |
| 3079 | - | 94.30be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 3080 | - | 94.31a person, cooperative, or business seeking a cannabis delivery service license must submit | |
| 3081 | - | 94.32the following information in a form approved by the office: | |
| 3082 | - | 94Article 1 Sec. 41. | |
| 3083 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 95.1 (1) a list of all vehicles to be used in the delivery of cannabis flower, cannabis products, | |
| 3084 | - | 95.2lower-potency hemp edibles, and hemp-derived consumer products including: | |
| 3085 | - | 95.3 (i) the vehicle make, model, and color; | |
| 3086 | - | 95.4 (ii) the vehicle identification number; and | |
| 3087 | - | 95.5 (iii) the license plate number; | |
| 3088 | - | 95.6 (2) proof of insurance for each vehicle; | |
| 3089 | - | 95.7 (3) a business plan demonstrating policies to avoid sales of cannabis flower, cannabis | |
| 3090 | - | 95.8products, lower-potency hemp edibles, and hemp-derived consumer products to individuals | |
| 3091 | - | 95.9who are under 21 years of age and plans to prevent the visibility of cannabis flower, cannabis | |
| 3092 | - | 95.10products, lower-potency hemp edibles, and hemp-derived consumer products to individuals | |
| 3093 | - | 95.11outside the delivery vehicle; and | |
| 3094 | - | 95.12 (4) evidence that the business will comply with the applicable operation requirements | |
| 3095 | - | 95.13for the license being sought. | |
| 3096 | - | 95.14 Subd. 3.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 3097 | - | 95.15cannabis delivery service license may also hold a cannabis retailer license, a cannabis | |
| 3098 | - | 95.16wholesaler license, a cannabis transporter license, a cannabis event organizer license, and | |
| 3099 | - | 95.17a medical cannabis retailer license subject to the ownership limitations that apply to those | |
| 3100 | - | 95.18licenses. | |
| 3101 | - | 95.19 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 3102 | - | 95.20cannabis delivery service license may own or operate any other cannabis business or hemp | |
| 3103 | - | 95.21business. | |
| 3104 | - | 95.22 (c) The office by rule may limit the number of cannabis delivery service licenses that a | |
| 3105 | - | 95.23person or business may hold. | |
| 3106 | - | 95.24 (d) For purposes of this subdivision, a restriction on the number or type of license that | |
| 3107 | - | 95.25a business may hold applies to every cooperative member or every director, manager, and | |
| 3108 | - | 95.26general partner of a cannabis business. | |
| 3109 | - | 95.27Sec. 42. [342.40] CANNABIS DELIVERY SERVICE OPERATIONS. | |
| 3110 | - | 95.28 Subdivision 1.Age or registry verification.Prior to completing a delivery, a cannabis | |
| 3111 | - | 95.29delivery service shall verify that the customer is at least 21 years of age or is enrolled in the | |
| 3112 | - | 95.30registry program. Section 342.28, subdivision 4, applies to the verification of a customer's | |
| 3113 | - | 95.31age. Registry verification issued by the Division of Medical Cannabis may be considered | |
| 3114 | - | 95.32evidence that the person is enrolled in the registry program. | |
| 3115 | - | 95Article 1 Sec. 42. | |
| 3116 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 96.1 Subd. 2.Records.The office by rule shall establish record-keeping requirements for a | |
| 3117 | - | 96.2cannabis delivery service, including but not limited to proof of delivery to individuals who | |
| 3118 | - | 96.3are at least 21 years of age or enrolled in the registry program. | |
| 3119 | - | 96.4 Subd. 3.Amount to be transported.The office by rule shall establish limits on the | |
| 3120 | - | 96.5amount of cannabis flower, cannabis products, lower-potency hemp edibles, and | |
| 3121 | - | 96.6hemp-derived consumer products that a cannabis delivery service may transport. | |
| 3122 | - | 96.7 Subd. 4.Statewide monitoring system.Receipt of cannabis flower and cannabis products | |
| 3123 | - | 96.8by the cannabis delivery service and a delivery to a customer must be recorded in the | |
| 3124 | - | 96.9statewide monitoring system within the time established by rule. | |
| 3125 | - | 96.10 Subd. 5.Storage compartment.Cannabis flower, cannabis products, lower-potency | |
| 3126 | - | 96.11hemp edibles, and hemp-derived consumer products must be transported in a locked, safe, | |
| 3127 | - | 96.12and secure storage compartment that is part of the cannabis delivery service vehicle or in a | |
| 3128 | - | 96.13locked storage container that has a separate key or combination pad. Cannabis flower, | |
| 3129 | - | 96.14cannabis products, lower-potency hemp edibles, and hemp-derived consumer products may | |
| 3130 | - | 96.15not be visible from outside the cannabis delivery service vehicle. | |
| 3131 | - | 96.16 Subd. 6.Identifying logos or business names prohibited.No cannabis delivery service | |
| 3132 | - | 96.17vehicle or trailer may contain an image depicting the types of items being transported, | |
| 3133 | - | 96.18including but not limited to an image depicting a cannabis or hemp leaf, or a name suggesting | |
| 3134 | - | 96.19that the cannabis delivery service vehicle is used for transporting cannabis flower, cannabis | |
| 3135 | - | 96.20products, lower-potency hemp edibles, or hemp-derived consumer products. | |
| 3136 | - | 96.21 Subd. 7.Nonemployee passengers prohibited.Only a cannabis worker employed by | |
| 3137 | - | 96.22or contracted with the cannabis delivery service and who is at least 21 years of age may | |
| 3138 | - | 96.23transport cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 3139 | - | 96.24consumer products. All passengers in a cannabis delivery service vehicle must be cannabis | |
| 3140 | - | 96.25workers employed by or contracted with the cannabis delivery service. | |
| 3141 | - | 96.26 Subd. 8.Vehicles subject to inspection.Any cannabis delivery service vehicle is subject | |
| 3142 | - | 96.27to inspection and may be stopped or inspected at any licensed cannabis business or while | |
| 3143 | - | 96.28en route during transportation. | |
| 3144 | - | 96.29Sec. 43. [342.41] LOWER-POTENCY HEMP EDIBLE RETAILER. | |
| 3145 | - | 96.30 Subdivision 1.Sale of lower-potency hemp edibles.(a) A lower-potency hemp edible | |
| 3146 | - | 96.31retailer may only sell lower-potency hemp edibles to individuals who are at least 21 years | |
| 3147 | - | 96.32of age. | |
| 3148 | - | 96.33 (b) A lower-potency hemp edible retailer may sell lower-potency hemp edibles that: | |
| 3031 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 93.1 (j) All cannabis plants, adult-use cannabis flower, and adult-use cannabinoid products | |
| 3032 | + | 93.2sold, damaged, or destroyed at a cannabis event must be recorded in the statewide monitoring | |
| 3033 | + | 93.3system. | |
| 3034 | + | 93.4 Subd. 8.Cannabis event on-site consumption.(a) If approved by the local unit of | |
| 3035 | + | 93.5government, a cannabis event may designate an area for consumption of adult-use cannabis | |
| 3036 | + | 93.6flower, adult-use cannabis products, lower-potency hemp edibles, hemp-derived consumer | |
| 3037 | + | 93.7products, or any combination of those items. | |
| 3038 | + | 93.8 (b) Access to areas where consumption of adult-use cannabis flower, adult-use cannabis | |
| 3039 | + | 93.9products, lower-potency hemp edibles, or hemp-derived consumer products is allowed shall | |
| 3040 | + | 93.10be restricted to individuals who are at least 21 years of age. | |
| 3041 | + | 93.11 (c) The cannabis event organizer shall ensure that consumption of adult-use cannabis | |
| 3042 | + | 93.12flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer | |
| 3043 | + | 93.13products within a designated consumption area is not visible from any public place. | |
| 3044 | + | 93.14 (d) The cannabis event organizer shall not permit consumption of alcohol or tobacco. | |
| 3045 | + | 93.15 (e) The cannabis event organizer shall not permit smoking, according to section 144.413, | |
| 3046 | + | 93.16of adult-use cannabis flower or cannabinoid products at any location where smoking is not | |
| 3047 | + | 93.17permitted under sections 144.413 to 144.417. Nothing in this section prohibits a statutory | |
| 3048 | + | 93.18or home rule charter city or county from enacting and enforcing more stringent measures | |
| 3049 | + | 93.19to protect individuals from secondhand smoke or involuntary exposure to aerosol or vapor | |
| 3050 | + | 93.20form electronic delivery devices. | |
| 3051 | + | 93.21Sec. 41. [342.39] CANNABIS DELIVERY SERVICE LICENSING. | |
| 3052 | + | 93.22 Subdivision 1.Authorized actions.A cannabis delivery service license entitles the | |
| 3053 | + | 93.23license holder to purchase cannabis flower, cannabis products, lower-potency hemp edibles, | |
| 3054 | + | 93.24and hemp-derived consumer products from licensed cannabis retailers, licensed cannabis | |
| 3055 | + | 93.25microbusinesses with a retail endorsement, cannabis mezzobusinesses with a retail | |
| 3056 | + | 93.26endorsement, cannabis retailers, and medical cannabis retailers; transport and deliver cannabis | |
| 3057 | + | 93.27flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumable | |
| 3058 | + | 93.28products to customers; and perform other actions approved by the office. | |
| 3059 | + | 93.29 Subd. 2.Additional information required.In addition to the information required to | |
| 3060 | + | 93.30be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, | |
| 3061 | + | 93.31a person, cooperative, or business seeking a cannabis delivery service license must submit | |
| 3062 | + | 93.32the following information in a form approved by the office: | |
| 3063 | + | 93Article 1 Sec. 41. | |
| 3064 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 94.1 (1) a list of all vehicles to be used in the delivery of cannabis flower, cannabis products, | |
| 3065 | + | 94.2lower-potency hemp edibles, and hemp-derived consumer products including: | |
| 3066 | + | 94.3 (i) the vehicle make, model, and color; | |
| 3067 | + | 94.4 (ii) the vehicle identification number; and | |
| 3068 | + | 94.5 (iii) the license plate number; | |
| 3069 | + | 94.6 (2) proof of insurance for each vehicle; | |
| 3070 | + | 94.7 (3) a business plan demonstrating policies to avoid sales of cannabis flower, cannabis | |
| 3071 | + | 94.8products, lower-potency hemp edibles, and hemp-derived consumer products to individuals | |
| 3072 | + | 94.9who are under 21 years of age and plans to prevent the visibility of cannabis flower, cannabis | |
| 3073 | + | 94.10products, lower-potency hemp edibles, and hemp-derived consumer products to individuals | |
| 3074 | + | 94.11outside the delivery vehicle; and | |
| 3075 | + | 94.12 (4) evidence that the business will comply with the applicable operation requirements | |
| 3076 | + | 94.13for the license being sought. | |
| 3077 | + | 94.14 Subd. 3.Multiple licenses; limits.(a) A person, cooperative, or business holding a | |
| 3078 | + | 94.15cannabis delivery service license may also hold a cannabis retailer license, a cannabis | |
| 3079 | + | 94.16wholesaler license, a cannabis transporter license, a cannabis event organizer license, and | |
| 3080 | + | 94.17a medical cannabis retailer license subject to the ownership limitations that apply to those | |
| 3081 | + | 94.18licenses. | |
| 3082 | + | 94.19 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 3083 | + | 94.20cannabis delivery service license may own or operate any other cannabis business or hemp | |
| 3084 | + | 94.21business. | |
| 3085 | + | 94.22 (c) The office by rule may limit the number of cannabis delivery service licenses that a | |
| 3086 | + | 94.23person or business may hold. | |
| 3087 | + | 94.24 (d) For purposes of this subdivision, a restriction on the number or type of license that | |
| 3088 | + | 94.25a business may hold applies to every cooperative member or every director, manager, and | |
| 3089 | + | 94.26general partner of a cannabis business. | |
| 3090 | + | 94.27Sec. 42. [342.40] CANNABIS DELIVERY SERVICE OPERATIONS. | |
| 3091 | + | 94.28 Subdivision 1.Age or registry verification.Prior to completing a delivery, a cannabis | |
| 3092 | + | 94.29delivery service shall verify that the customer is at least 21 years of age or is enrolled in the | |
| 3093 | + | 94.30registry program. Section 342.28, subdivision 4, applies to the verification of a customer's | |
| 3094 | + | 94.31age. Registry verification issued by the Division of Medical Cannabis may be considered | |
| 3095 | + | 94.32evidence that the person is enrolled in the registry program. | |
| 3096 | + | 94Article 1 Sec. 42. | |
| 3097 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 95.1 Subd. 2.Records.The office by rule shall establish record-keeping requirements for a | |
| 3098 | + | 95.2cannabis delivery service, including but not limited to proof of delivery to individuals who | |
| 3099 | + | 95.3are at least 21 years of age or enrolled in the registry program. | |
| 3100 | + | 95.4 Subd. 3.Amount to be transported.The office by rule shall establish limits on the | |
| 3101 | + | 95.5amount of cannabis flower, cannabis products, lower-potency hemp edibles, and | |
| 3102 | + | 95.6hemp-derived consumer products that a cannabis delivery service may transport. | |
| 3103 | + | 95.7 Subd. 4.Statewide monitoring system.Receipt of cannabis flower and cannabinoid | |
| 3104 | + | 95.8products by the cannabis delivery service and a delivery to a customer must be recorded in | |
| 3105 | + | 95.9the statewide monitoring system within the time established by rule. | |
| 3106 | + | 95.10 Subd. 5.Storage compartment.Cannabis flower, cannabis products, lower-potency | |
| 3107 | + | 95.11hemp edibles, and hemp-derived consumer products must be transported in a locked, safe, | |
| 3108 | + | 95.12and secure storage compartment that is part of the cannabis delivery service vehicle or in a | |
| 3109 | + | 95.13locked storage container that has a separate key or combination pad. Cannabis flower, | |
| 3110 | + | 95.14cannabis products, lower-potency hemp edibles, and hemp-derived consumer products may | |
| 3111 | + | 95.15not be visible from outside the cannabis delivery service vehicle. | |
| 3112 | + | 95.16 Subd. 6.Identifying logos or business names prohibited.No cannabis delivery service | |
| 3113 | + | 95.17vehicle or trailer may contain an image depicting the types of items being transported, | |
| 3114 | + | 95.18including but not limited to an image depicting a cannabis or hemp leaf, or a name suggesting | |
| 3115 | + | 95.19that the cannabis delivery service vehicle is used for transporting cannabis flower, cannabis | |
| 3116 | + | 95.20products, lower-potency hemp edibles, or hemp-derived consumer products. | |
| 3117 | + | 95.21 Subd. 7.Nonemployee passengers prohibited.Only a cannabis worker employed by | |
| 3118 | + | 95.22or contracted with the cannabis delivery service and who is at least 21 years of age may | |
| 3119 | + | 95.23transport cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived | |
| 3120 | + | 95.24consumer products. All passengers in a cannabis delivery service vehicle must be cannabis | |
| 3121 | + | 95.25workers employed by or contracted with the cannabis delivery service. | |
| 3122 | + | 95.26 Subd. 8.Vehicles subject to inspection.Any cannabis delivery service vehicle is subject | |
| 3123 | + | 95.27to inspection and may be stopped or inspected at any licensed cannabis business or while | |
| 3124 | + | 95.28en route during transportation. | |
| 3125 | + | 95.29Sec. 43. [342.41] LOWER-POTENCY HEMP EDIBLE RETAILER. | |
| 3126 | + | 95.30 Subdivision 1.Sale of lower-potency hemp edibles.(a) A lower-potency hemp edible | |
| 3127 | + | 95.31retailer may only sell lower-potency hemp edibles to individuals who are at least 21 years | |
| 3128 | + | 95.32of age. | |
| 3129 | + | 95.33 (b) A lower-potency hemp edible retailer may sell lower-potency edible products that: | |
| 3130 | + | 95Article 1 Sec. 43. | |
| 3131 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 96.1 (1) are obtained from a licensed Minnesota cannabis microbusiness, cannabis | |
| 3132 | + | 96.2mezzobusiness, cannabis manufacturer, cannabis wholesaler, or lower-potency hemp edible | |
| 3133 | + | 96.3manufacturer; and | |
| 3134 | + | 96.4 (2) meet all applicable packaging and labeling requirements. | |
| 3135 | + | 96.5 Subd. 2.Sale of other products.A lower-potency hemp edible retailer may sell other | |
| 3136 | + | 96.6products or items for which the lower-potency hemp edible retailer has a license or | |
| 3137 | + | 96.7authorization or that do not require a license or authorization. | |
| 3138 | + | 96.8 Subd. 3.Age verification.Prior to initiating a sale, an employee of the lower-potency | |
| 3139 | + | 96.9edible product retailer must verify that the customer is at least 21 years of age. Section | |
| 3140 | + | 96.10342.28, subdivision 4, applies to the verification of a customer's age. | |
| 3141 | + | 96.11 Subd. 4.Compliant products.(a) A lower-potency hemp edible retailer shall ensure | |
| 3142 | + | 96.12that all lower-potency hemp edibles offered for sale comply with the limits on the amounts | |
| 3143 | + | 96.13and types of cannabinoids that a lower-potency hemp edible can contain, including but not | |
| 3144 | + | 96.14limited to the requirement that lower-potency hemp edibles: | |
| 3145 | + | 96.15 (1) consist of servings that contain no more than five milligrams of delta-9 | |
| 3146 | + | 96.16tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol per | |
| 3147 | + | 96.17serving, or any combination of those cannabinoids that does not exceed the identified | |
| 3148 | + | 96.18amounts; | |
| 3149 | + | 96.19 (2) do not contain more than a combined total of 0.5 milligrams of all other cannabinoids; | |
| 3150 | + | 96.20and | |
| 3151 | + | 96.21 (3) do not contain a synthetically derived cannabinoid other than delta-9 | |
| 3152 | + | 96.22tetrahydrocannabinol. | |
| 3153 | + | 96.23 (b) If a lower-potency hemp edible is packaged in a manner that includes more than a | |
| 3154 | + | 96.24single serving, the lower-potency edible product must indicate each serving by scoring, | |
| 3155 | + | 96.25wrapping, or other indicators that appear on the lower-potency hemp edible designating the | |
| 3156 | + | 96.26individual serving size. If the lower-potency hemp edible is meant to be consumed as a | |
| 3157 | + | 96.27beverage or it is not possible to indicate a single serving by scoring or use of another indicator | |
| 3158 | + | 96.28that appears on the product, the lower-potency hemp edible may not be packaged in a manner | |
| 3159 | + | 96.29that includes more than a single serving in each container. | |
| 3160 | + | 96.30 (c) A single package containing multiple servings of a lower-potency edible product | |
| 3161 | + | 96.31must contain no more than 50 milligrams of delta-9 tetrahydrocannabinol, 250 milligrams | |
| 3162 | + | 96.32of cannabidiol, 250 milligrams of cannabigerol, or any combination of those cannabinoids | |
| 3163 | + | 96.33that does not exceed the identified amounts. | |
| 3149 | 3164 | 96Article 1 Sec. 43. | |
| 3150 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 97.1 (1) are obtained from a licensed Minnesota cannabis microbusiness, cannabis | |
| 3151 | - | 97.2mezzobusiness, cannabis manufacturer, cannabis wholesaler, or lower-potency hemp edible | |
| 3152 | - | 97.3manufacturer; and | |
| 3153 | - | 97.4 (2) meet all applicable packaging and labeling requirements. | |
| 3154 | - | 97.5 Subd. 2.Sale of other products.A lower-potency hemp edible retailer may sell other | |
| 3155 | - | 97.6products or items for which the lower-potency hemp edible retailer has a license or | |
| 3156 | - | 97.7authorization or that do not require a license or authorization. | |
| 3157 | - | 97.8 Subd. 3.Age verification.Prior to initiating a sale, an employee of the lower-potency | |
| 3158 | - | 97.9hemp edible retailer must verify that the customer is at least 21 years of age. Section 342.28, | |
| 3159 | - | 97.10subdivision 4, applies to the verification of a customer's age. | |
| 3160 | - | 97.11 Subd. 4.Compliant products.(a) A lower-potency hemp edible retailer shall ensure | |
| 3161 | - | 97.12that all lower-potency hemp edibles offered for sale comply with the limits on the amounts | |
| 3162 | - | 97.13and types of cannabinoids that a lower-potency hemp edible can contain, including but not | |
| 3163 | - | 97.14limited to the requirement that lower-potency hemp edibles: | |
| 3164 | - | 97.15 (1) consist of servings that contain no more than five milligrams of delta-9 | |
| 3165 | - | 97.16tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol per | |
| 3166 | - | 97.17serving, or any combination of those cannabinoids that does not exceed the identified | |
| 3167 | - | 97.18amounts; | |
| 3168 | - | 97.19 (2) do not contain more than a combined total of 0.5 milligrams of all other cannabinoids; | |
| 3169 | - | 97.20and | |
| 3170 | - | 97.21 (3) do not contain a synthetically derived cannabinoid other than delta-9 | |
| 3171 | - | 97.22tetrahydrocannabinol. | |
| 3172 | - | 97.23 (b) If a lower-potency hemp edible is packaged in a manner that includes more than a | |
| 3173 | - | 97.24single serving, the lower-potency hemp edible must indicate each serving by scoring, | |
| 3174 | - | 97.25wrapping, or other indicators that appear on the lower-potency hemp edible designating the | |
| 3175 | - | 97.26individual serving size. If the lower-potency hemp edible is meant to be consumed as a | |
| 3176 | - | 97.27beverage or it is not possible to indicate a single serving by scoring or use of another indicator | |
| 3177 | - | 97.28that appears on the product, the lower-potency hemp edible may not be packaged in a manner | |
| 3178 | - | 97.29that includes more than a single serving in each container. | |
| 3179 | - | 97.30 (c) A single package containing multiple servings of a lower-potency hemp edible must | |
| 3180 | - | 97.31contain no more than 50 milligrams of delta-9 tetrahydrocannabinol, 250 milligrams of | |
| 3181 | - | 97.32cannabidiol, 250 milligrams of cannabigerol, or any combination of those cannabinoids that | |
| 3182 | - | 97.33does not exceed the identified amounts. | |
| 3165 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 97.1 Subd. 5.Prohibitions.A lower-potency edible product retailer may not: | |
| 3166 | + | 97.2 (1) sell lower-potency hemp edibles to an individual who is under 21 years of age; | |
| 3167 | + | 97.3 (2) sell a lower-potency hemp edible to a person who is visibly intoxicated; | |
| 3168 | + | 97.4 (3) sell cannabis flower, cannabis products, or hemp-derived consumer products; | |
| 3169 | + | 97.5 (4) allow for the dispensing of lower-potency hemp edibles in vending machines; or | |
| 3170 | + | 97.6 (5) distribute or allow free samples of lower-potency hemp edibles except when the | |
| 3171 | + | 97.7business is licensed to permit on-site consumption and samples are consumed within its | |
| 3172 | + | 97.8licensed premises. | |
| 3173 | + | 97.9 Subd. 6.On-site consumption.(a) A lower-potency hemp edible retailer may permit | |
| 3174 | + | 97.10on-site consumption of lower-potency hemp edibles on a portion of its premises if it has an | |
| 3175 | + | 97.11on-site consumption endorsement. | |
| 3176 | + | 97.12 (b) The office shall issue an on-site consumption endorsement to any lower-potency | |
| 3177 | + | 97.13hemp edible retailer that also holds an on-sale license issued under chapter 340A. | |
| 3178 | + | 97.14 (c) Lower-potency hemp edibles sold for on-site consumption must comply with this | |
| 3179 | + | 97.15chapter and rules adopted pursuant to this chapter regarding testing. | |
| 3180 | + | 97.16 (d) Lower-potency hemp edibles sold for on-site consumption, other than lower-potency | |
| 3181 | + | 97.17hemp edibles that are intended to be consumed as a beverage, must be served in the required | |
| 3182 | + | 97.18packaging, but may be removed from the product's packaging by customers and consumed | |
| 3183 | + | 97.19on site. | |
| 3184 | + | 97.20 (e) Lower-potency hemp edibles that are intended to be consumed as a beverage may | |
| 3185 | + | 97.21be served outside of their packaging provided the information that is required to be contained | |
| 3186 | + | 97.22on the label of a lower-potency hemp edible is posted or otherwise displayed by the | |
| 3187 | + | 97.23lower-potency hemp edible retailer. Hemp workers who serve beverages under this paragraph | |
| 3188 | + | 97.24are not required to obtain an edible cannabinoid product handler endorsement under section | |
| 3189 | + | 97.25342.07, subdivision 3. | |
| 3190 | + | 97.26 (f) Food and beverages not otherwise prohibited by this subdivision may be prepared | |
| 3191 | + | 97.27and sold on site provided that the lower-potency hemp edible retailer complies with all | |
| 3192 | + | 97.28relevant state and local laws, ordinances, licensing requirements, and zoning requirements. | |
| 3193 | + | 97.29 (g) A lower-potency hemp edible retailer may offer recorded or live entertainment | |
| 3194 | + | 97.30provided that the lower-potency hemp edible retailer complies with all relevant state and | |
| 3195 | + | 97.31local laws, ordinances, licensing requirements, and zoning requirements. | |
| 3183 | 3196 | 97Article 1 Sec. 43. | |
| 3184 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 98.1 Subd. 5.Prohibitions.A lower-potency hemp edible retailer may not: | |
| 3185 | - | 98.2 (1) sell lower-potency hemp edibles to an individual who is under 21 years of age; | |
| 3186 | - | 98.3 (2) sell a lower-potency hemp edible to a person who is visibly intoxicated; | |
| 3187 | - | 98.4 (3) sell cannabis flower, cannabis products, or hemp-derived consumer products; | |
| 3188 | - | 98.5 (4) allow for the dispensing of lower-potency hemp edibles in vending machines; or | |
| 3189 | - | 98.6 (5) distribute or allow free samples of lower-potency hemp edibles except when the | |
| 3190 | - | 98.7business is licensed to permit on-site consumption and samples are consumed within its | |
| 3191 | - | 98.8licensed premises. | |
| 3192 | - | 98.9 Subd. 6.On-site consumption.(a) A lower-potency hemp edible retailer may permit | |
| 3193 | - | 98.10on-site consumption of lower-potency hemp edibles on a portion of its premises if it has an | |
| 3194 | - | 98.11on-site consumption endorsement. | |
| 3195 | - | 98.12 (b) The office shall issue an on-site consumption endorsement to any lower-potency | |
| 3196 | - | 98.13hemp edible retailer that also holds an on-sale license issued under chapter 340A. | |
| 3197 | - | 98.14 (c) Lower-potency hemp edibles sold for on-site consumption must comply with this | |
| 3198 | - | 98.15chapter and rules adopted pursuant to this chapter regarding testing. | |
| 3199 | - | 98.16 (d) Lower-potency hemp edibles sold for on-site consumption, other than lower-potency | |
| 3200 | - | 98.17hemp edibles that are intended to be consumed as a beverage, must be served in the required | |
| 3201 | - | 98.18packaging, but may be removed from the product's packaging by customers and consumed | |
| 3202 | - | 98.19on site. | |
| 3203 | - | 98.20 (e) Lower-potency hemp edibles that are intended to be consumed as a beverage may | |
| 3204 | - | 98.21be served outside of their packaging provided the information that is required to be contained | |
| 3205 | - | 98.22on the label of a lower-potency hemp edible is posted or otherwise displayed by the | |
| 3206 | - | 98.23lower-potency hemp edible retailer. Hemp workers who serve beverages under this paragraph | |
| 3207 | - | 98.24are not required to obtain an edible cannabis product handler endorsement under section | |
| 3208 | - | 98.25342.07, subdivision 3. | |
| 3209 | - | 98.26 (f) Food and beverages not otherwise prohibited by this subdivision may be prepared | |
| 3210 | - | 98.27and sold on site provided that the lower-potency hemp edible retailer complies with all | |
| 3211 | - | 98.28relevant state and local laws, ordinances, licensing requirements, and zoning requirements. | |
| 3212 | - | 98.29 (g) A lower-potency hemp edible retailer may offer recorded or live entertainment | |
| 3213 | - | 98.30provided that the lower-potency hemp edible retailer complies with all relevant state and | |
| 3214 | - | 98.31local laws, ordinances, licensing requirements, and zoning requirements. | |
| 3215 | - | 98Article 1 Sec. 43. | |
| 3216 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 99.1 (h) In addition to the prohibitions under this section, a lower-potency hemp edible retailer | |
| 3217 | - | 99.2with an on-site consumption endorsement may not: | |
| 3218 | - | 99.3 (1) sell lower-potency hemp edibles to a customer who the lower-potency hemp edible | |
| 3219 | - | 99.4retailer knows or reasonably should know is intoxicated; | |
| 3220 | - | 99.5 (2) sell lower-potency hemp edibles that are designed or reasonably expected to be mixed | |
| 3221 | - | 99.6with an alcoholic beverage; or | |
| 3222 | - | 99.7 (3) permit lower-potency hemp edibles that have been removed from the product's | |
| 3223 | - | 99.8packaging to be removed from the premises of the lower-potency hemp edible retailer. | |
| 3224 | - | 99.9 Subd. 7.Posting of notices.A lower-potency hemp edible retailer must post all notices | |
| 3225 | - | 99.10as provided in section 342.28, subdivision 6. | |
| 3226 | - | 99.11 Subd. 8.Building conditions.(a) A lower-potency hemp edible retailer shall maintain | |
| 3227 | - | 99.12compliance with state and local building, fire, and zoning requirements or regulations. | |
| 3228 | - | 99.13 (b) A lower-potency hemp edible retailer shall ensure that the licensed premises is | |
| 3229 | - | 99.14maintained in a clean and sanitary condition, free from infestation by insects, rodents, or | |
| 3230 | - | 99.15other pests. | |
| 3231 | - | 99.16 Subd. 9.Enforcement.The office shall inspect lower-potency hemp edible retailers and | |
| 3232 | - | 99.17take enforcement action as provided in sections 342.17 and 342.18. | |
| 3233 | - | 99.18Sec. 44. [342.42] MEDICAL CANNABIS BUSINESS LICENSES. | |
| 3234 | - | 99.19 Subdivision 1.License types.(a) The office shall issue the following types of medical | |
| 3235 | - | 99.20cannabis business licenses: | |
| 3236 | - | 99.21 (1) medical cannabis cultivator; | |
| 3237 | - | 99.22 (2) medical cannabis processor; and | |
| 3238 | - | 99.23 (3) medical cannabis retailer. | |
| 3239 | - | 99.24 (b) The Division of Medical Cannabis may oversee the licensing and regulation of | |
| 3240 | - | 99.25medical cannabis businesses. | |
| 3241 | - | 99.26 Subd. 2.Multiple licenses; limits.(a) A person, cooperative, or business holding: | |
| 3242 | - | 99.27 (1) a medical cannabis cultivator license may also hold a medical cannabis processor | |
| 3243 | - | 99.28license, a cannabis cultivator license, a cannabis manufacturer license, and a cannabis event | |
| 3244 | - | 99.29organizer license subject to the ownership limitations that apply to those licenses; | |
| 3245 | - | 99Article 1 Sec. 44. | |
| 3246 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 100.1 (2) a medical cannabis processor license may also hold a medical cannabis cultivator | |
| 3247 | - | 100.2license, a cannabis cultivator license, a cannabis manufacturer license, and a cannabis event | |
| 3248 | - | 100.3organizer license subject to the ownership limitations that apply to those licenses; or | |
| 3249 | - | 100.4 (3) a medical cannabis retailer license may also hold a cannabis retailer license, a cannabis | |
| 3250 | - | 100.5delivery service license, and a cannabis event organizer license subject to the ownership | |
| 3251 | - | 100.6limitations that apply to those licenses. | |
| 3252 | - | 100.7 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 3253 | - | 100.8medical cannabis license may own or operate any other cannabis business. | |
| 3254 | - | 100.9 (c) The office by rule may limit the number of medical cannabis business licenses that | |
| 3255 | - | 100.10a person or business may hold. | |
| 3256 | - | 100.11 (d) For purposes of this subdivision, a restriction on the number of licenses or type of | |
| 3257 | - | 100.12license that a business may hold applies to every cooperative member or every director, | |
| 3258 | - | 100.13manager, and general partner of a medical cannabis business. | |
| 3259 | - | 100.14 Subd. 3.Limitations on health care practitioners.A health care practitioner who | |
| 3260 | - | 100.15certifies qualifying medical conditions for patients is prohibited from: | |
| 3261 | - | 100.16 (1) holding a direct or indirect economic interest in a medical cannabis business; | |
| 3262 | - | 100.17 (2) serving on a board of directors or as an employee of a medical cannabis business; | |
| 3263 | - | 100.18or | |
| 3264 | - | 100.19 (3) advertising with a medical cannabis business in any way. | |
| 3265 | - | 100.20 Subd. 4.Remuneration.A medical cannabis business is prohibited from: | |
| 3266 | - | 100.21 (1) accepting or soliciting any form of remuneration from a health care practitioner who | |
| 3267 | - | 100.22certifies qualifying medical conditions for patients; or | |
| 3268 | - | 100.23 (2) offering any form of remuneration to a health care practitioner who certifies qualifying | |
| 3269 | - | 100.24medical conditions for patients. | |
| 3270 | - | 100.25 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3271 | - | 100.26Sec. 45. [342.43] HEMP BUSINESS LICENSE TYPES; MULTIPLE LICENSES. | |
| 3272 | - | 100.27 Subdivision 1.License types.The office shall issue the following types of hemp business | |
| 3273 | - | 100.28licenses: | |
| 3274 | - | 100.29 (1) lower-potency hemp edible manufacturer; and | |
| 3275 | - | 100.30 (2) lower-potency hemp edible retailer. | |
| 3276 | - | 100Article 1 Sec. 45. | |
| 3277 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 101.1 Subd. 2.Multiple licenses; limits.(a) A person, cooperative, or business may hold both | |
| 3278 | - | 101.2a lower-potency hemp edible manufacturer and lower-potency hemp edible retailer license. | |
| 3279 | - | 101.3 (b) Nothing in this section prohibits a person, cooperative, or business from holding a | |
| 3280 | - | 101.4lower-potency hemp edible manufacturer license or a lower-potency hemp edible retailer | |
| 3281 | - | 101.5license, or both, and also holding a license to cultivate industrial hemp issued pursuant to | |
| 3282 | - | 101.6chapter 18K. | |
| 3283 | - | 101.7 (c) Nothing in this section prohibits a person, cooperative, or business from holding a | |
| 3284 | - | 101.8lower-potency hemp edible manufacturer license or a lower-potency hemp edible retailer | |
| 3285 | - | 101.9license, or both, and also holding any other license, including but not limited to a license | |
| 3286 | - | 101.10to prepare or sell food; sell tobacco, tobacco-related devices, and electronic delivery devices | |
| 3287 | - | 101.11as defined in section 609.685, subdivision 1; nicotine and lobelia delivery products as | |
| 3288 | - | 101.12described in section 609.6855; or manufacture or sell alcoholic beverages as defined in | |
| 3289 | - | 101.13section 340A.101, subdivision 2. | |
| 3290 | - | 101.14 (d) A person, cooperative, or business holding a lower-potency hemp edible manufacturer | |
| 3291 | - | 101.15license or a lower-potency hemp edible retailer license, or both, may not hold a cannabis | |
| 3292 | - | 101.16business license. | |
| 3293 | - | 101.17Sec. 46. [342.44] MEDICAL CANNABIS BUSINESS APPLICATIONS. | |
| 3294 | - | 101.18 Subdivision 1.Information required.In addition to information required to be submitted | |
| 3295 | - | 101.19under section 342.14, subdivision 1, and rules adopted pursuant to that section, a person, | |
| 3296 | - | 101.20cooperative, or business seeking a medical cannabis business license must submit the | |
| 3297 | - | 101.21following information in a form approved by the office: | |
| 3298 | - | 101.22 (1) for medical cannabis cultivator license applicants: | |
| 3299 | - | 101.23 (i) an operating plan demonstrating the proposed size and layout of the cultivation facility; | |
| 3300 | - | 101.24plans for wastewater and waste disposal for the cultivation facility; plans for providing | |
| 3301 | - | 101.25electricity, water, and other utilities necessary for the normal operation of the cultivation | |
| 3302 | - | 101.26facility; and plans for compliance with applicable building code and federal and state | |
| 3303 | - | 101.27environmental and workplace safety requirements; | |
| 3304 | - | 101.28 (ii) a cultivation plan demonstrating the proposed size and layout of the cultivation | |
| 3305 | - | 101.29facility that will be used exclusively for cultivation for medical cannabis, including the total | |
| 3306 | - | 101.30amount of plant canopy; and | |
| 3307 | - | 101.31 (iii) evidence that the business will comply with the applicable operation requirements | |
| 3308 | - | 101.32for the license being sought; | |
| 3197 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 98.1 (h) In addition to the prohibitions under this section, a lower-potency hemp edible retailer | |
| 3198 | + | 98.2with an on-site consumption endorsement may not: | |
| 3199 | + | 98.3 (1) sell lower-potency hemp edibles to a customer who the lower-potency hemp edible | |
| 3200 | + | 98.4retailer knows or reasonably should know is intoxicated; | |
| 3201 | + | 98.5 (2) sell lower-potency hemp edibles that are designed or reasonably expected to be mixed | |
| 3202 | + | 98.6with an alcoholic beverage; or | |
| 3203 | + | 98.7 (3) permit lower-potency hemp edibles that have been removed from the product's | |
| 3204 | + | 98.8packaging to be removed from the premises of the lower-potency hemp edible retailer. | |
| 3205 | + | 98.9 Subd. 7.Posting of notices.A lower-potency hemp edible retailer must post all notices | |
| 3206 | + | 98.10as provided in section 342.28, subdivision 6. | |
| 3207 | + | 98.11 Subd. 8.Building conditions.(a) A lower-potency hemp edible retailer shall maintain | |
| 3208 | + | 98.12compliance with state and local building, fire, and zoning requirements or regulations. | |
| 3209 | + | 98.13 (b) A lower-potency hemp edible retailer shall ensure that the licensed premises is | |
| 3210 | + | 98.14maintained in a clean and sanitary condition, free from infestation by insects, rodents, or | |
| 3211 | + | 98.15other pests. | |
| 3212 | + | 98.16 Subd. 9.Enforcement.The office shall inspect lower-potency hemp edible retailers and | |
| 3213 | + | 98.17take enforcement action as provided in sections 342.17 and 342.18. | |
| 3214 | + | 98.18Sec. 44. [342.42] MEDICAL CANNABIS BUSINESS LICENSES. | |
| 3215 | + | 98.19 Subdivision 1.License types.(a) The office shall issue the following types of medical | |
| 3216 | + | 98.20cannabis business licenses: | |
| 3217 | + | 98.21 (1) medical cannabis cultivator; | |
| 3218 | + | 98.22 (2) medical cannabis processor; and | |
| 3219 | + | 98.23 (3) medical cannabis retailer. | |
| 3220 | + | 98.24 (b) The Division of Medical Cannabis may oversee the licensing and regulation of | |
| 3221 | + | 98.25medical cannabis businesses. | |
| 3222 | + | 98.26 Subd. 2.Multiple licenses; limits.(a) A person, cooperative, or business holding: | |
| 3223 | + | 98.27 (1) a medical cannabis cultivator license may also hold a medical cannabis processor | |
| 3224 | + | 98.28license, a cannabis cultivator license, a cannabis manufacturer license, and a cannabis event | |
| 3225 | + | 98.29organizer license subject to the ownership limitations that apply to those licenses; | |
| 3226 | + | 98Article 1 Sec. 44. | |
| 3227 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 99.1 (2) a medical cannabis processor license may also hold a medical cannabis cultivator | |
| 3228 | + | 99.2license, a cannabis cultivator license, a cannabis manufacturer license, and a cannabis event | |
| 3229 | + | 99.3organizer license subject to the ownership limitations that apply to those licenses; or | |
| 3230 | + | 99.4 (3) a medical cannabis retailer license may also hold a cannabis retailer license, a cannabis | |
| 3231 | + | 99.5delivery service license, and a cannabis event organizer license subject to the ownership | |
| 3232 | + | 99.6limitations that apply to those licenses. | |
| 3233 | + | 99.7 (b) Except as provided in paragraph (a), no person, cooperative, or business holding a | |
| 3234 | + | 99.8medical cannabis license may own or operate any other cannabis business. | |
| 3235 | + | 99.9 (c) The office by rule may limit the number of medical cannabis business licenses that | |
| 3236 | + | 99.10a person or business may hold. | |
| 3237 | + | 99.11 (d) For purposes of this subdivision, a restriction on the number of licenses or type of | |
| 3238 | + | 99.12license that a business may hold applies to every cooperative member or every director, | |
| 3239 | + | 99.13manager, and general partner of a medical cannabis business. | |
| 3240 | + | 99.14 Subd. 3.Limitations on health care practitioners.A health care practitioner who | |
| 3241 | + | 99.15certifies qualifying medical conditions for patients is prohibited from: | |
| 3242 | + | 99.16 (1) holding a direct or indirect economic interest in a medical cannabis business; | |
| 3243 | + | 99.17 (2) serving on a board of directors or as an employee of a medical cannabis business; | |
| 3244 | + | 99.18or | |
| 3245 | + | 99.19 (3) advertising with a medical cannabis business in any way. | |
| 3246 | + | 99.20 Subd. 4.Remuneration.A medical cannabis business is prohibited from: | |
| 3247 | + | 99.21 (1) accepting or soliciting any form of remuneration from a health care practitioner who | |
| 3248 | + | 99.22certifies qualifying medical conditions for patients; or | |
| 3249 | + | 99.23 (2) offering any form of remuneration to a health care practitioner who certifies qualifying | |
| 3250 | + | 99.24medical conditions for patients. | |
| 3251 | + | 99.25 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3252 | + | 99.26Sec. 45. [342.43] HEMP BUSINESS LICENSE TYPES; MULTIPLE LICENSES. | |
| 3253 | + | 99.27 Subdivision 1.License types.The office shall issue the following types of hemp business | |
| 3254 | + | 99.28licenses: | |
| 3255 | + | 99.29 (1) lower-potency hemp edible manufacturer; and | |
| 3256 | + | 99.30 (2) lower-potency hemp edible retailer. | |
| 3257 | + | 99Article 1 Sec. 45. | |
| 3258 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 100.1 Subd. 2.Multiple licenses; limits.(a) A person, cooperative, or business may hold both | |
| 3259 | + | 100.2a lower-potency hemp edible manufacturer and lower-potency hemp edible retailer license. | |
| 3260 | + | 100.3 (b) Nothing in this section prohibits a person, cooperative, or business from holding a | |
| 3261 | + | 100.4lower-potency hemp edible manufacturer license or a lower-potency hemp edible retailer | |
| 3262 | + | 100.5license, or both, and also holding a license to cultivate industrial hemp issued pursuant to | |
| 3263 | + | 100.6chapter 18K. | |
| 3264 | + | 100.7 (c) Nothing in this section prohibits a person, cooperative, or business from holding a | |
| 3265 | + | 100.8lower-potency hemp edible manufacturer license or a lower-potency hemp edible retailer | |
| 3266 | + | 100.9license, or both, and also holding any other license, including but not limited to a license | |
| 3267 | + | 100.10to prepare or sell food; sell tobacco, tobacco-related devices, and electronic delivery devices | |
| 3268 | + | 100.11as defined in section 609.685, subdivision 1; nicotine and lobelia delivery products as | |
| 3269 | + | 100.12described in section 609.6855; or manufacture or sell alcoholic beverages as defined in | |
| 3270 | + | 100.13section 340A.101, subdivision 2. | |
| 3271 | + | 100.14 (d) A person, cooperative, or business holding a lower-potency hemp edible manufacturer | |
| 3272 | + | 100.15license or a lower-potency hemp edible retailer license, or both, may not hold a cannabis | |
| 3273 | + | 100.16business license. | |
| 3274 | + | 100.17Sec. 46. [342.44] MEDICAL CANNABIS BUSINESS APPLICATIONS. | |
| 3275 | + | 100.18 Subdivision 1.Information required.In addition to information required to be submitted | |
| 3276 | + | 100.19under section 342.14, subdivision 1, and rules adopted pursuant to that section, a person, | |
| 3277 | + | 100.20cooperative, or business seeking a medical cannabis business license must submit the | |
| 3278 | + | 100.21following information in a form approved by the office: | |
| 3279 | + | 100.22 (1) for medical cannabis cultivator license applicants: | |
| 3280 | + | 100.23 (i) an operating plan demonstrating the proposed size and layout of the cultivation facility; | |
| 3281 | + | 100.24plans for wastewater and waste disposal for the cultivation facility; plans for providing | |
| 3282 | + | 100.25electricity, water, and other utilities necessary for the normal operation of the cultivation | |
| 3283 | + | 100.26facility; and plans for compliance with applicable building code and federal and state | |
| 3284 | + | 100.27environmental and workplace safety requirements; | |
| 3285 | + | 100.28 (ii) a cultivation plan demonstrating the proposed size and layout of the cultivation | |
| 3286 | + | 100.29facility that will be used exclusively for cultivation for medical cannabis, including the total | |
| 3287 | + | 100.30amount of plant canopy; and | |
| 3288 | + | 100.31 (iii) evidence that the business will comply with the applicable operation requirements | |
| 3289 | + | 100.32for the license being sought; | |
| 3290 | + | 100Article 1 Sec. 46. | |
| 3291 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 101.1 (2) for medical cannabis processor license applicants: | |
| 3292 | + | 101.2 (i) an operating plan demonstrating the proposed layout of the facility, including a | |
| 3293 | + | 101.3diagram of ventilation and filtration systems; plans for wastewater and waste disposal for | |
| 3294 | + | 101.4the manufacturing facility; plans for providing electricity, water, and other utilities necessary | |
| 3295 | + | 101.5for the normal operation of the manufacturing facility; and plans for compliance with | |
| 3296 | + | 101.6applicable building code and federal and state environmental and workplace safety | |
| 3297 | + | 101.7requirements; | |
| 3298 | + | 101.8 (ii) all methods of extraction and concentration that the applicant intends to use and the | |
| 3299 | + | 101.9volatile chemicals, if any, that are involved in extraction or concentration; | |
| 3300 | + | 101.10 (iii) if the applicant is seeking an endorsement to manufacture products infused with | |
| 3301 | + | 101.11cannabinoids for consumption by patients enrolled in the registry program, proof of an | |
| 3302 | + | 101.12edible cannabinoid product handler endorsement from the office; and | |
| 3303 | + | 101.13 (iv) evidence that the applicant will comply with the applicable operation requirements | |
| 3304 | + | 101.14for the license being sought; or | |
| 3305 | + | 101.15 (3) for medical cannabis retailer license applicants: | |
| 3306 | + | 101.16 (i) a list of every retail license held by the applicant and, if the applicant is a business, | |
| 3307 | + | 101.17every retail license held, either as an individual or as part of another business, by each | |
| 3308 | + | 101.18officer, director, manager, and general partner of the cannabis business; | |
| 3309 | + | 101.19 (ii) an operating plan demonstrating the proposed layout of the facility including a | |
| 3310 | + | 101.20diagram of ventilation and filtration systems, policies to avoid sales to individuals who are | |
| 3311 | + | 101.21not authorized to receive the distribution of medical cannabis flower or medical cannabinoid | |
| 3312 | + | 101.22products, identification of a restricted area for storage, and plans to prevent the visibility of | |
| 3313 | + | 101.23cannabis flower and cannabinoid products; | |
| 3314 | + | 101.24 (iii) if the applicant holds or is applying for a cannabis retailer license, a diagram showing | |
| 3315 | + | 101.25the portion of the premises in which medical cannabis flower and medical cannabinoid | |
| 3316 | + | 101.26products will be sold and distributed and identifying an area that is definite and distinct | |
| 3317 | + | 101.27from all other areas of the cannabis retailer, accessed through a distinct entrance, and contains | |
| 3318 | + | 101.28an appropriate space for a pharmacist employee of the medical cannabis retailer to consult | |
| 3319 | + | 101.29with the patient to determine the proper type of medical cannabis flower and medical | |
| 3320 | + | 101.30cannabinoid products and proper dosage for the patient; and | |
| 3321 | + | 101.31 (iv) evidence that the applicant will comply with the applicable operation requirements | |
| 3322 | + | 101.32for the license being sought. | |
| 3309 | 3323 | 101Article 1 Sec. 46. | |
| 3310 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 102.1 (2) for medical cannabis processor license applicants: | |
| 3311 | - | 102.2 (i) an operating plan demonstrating the proposed layout of the facility, including a | |
| 3312 | - | 102.3diagram of ventilation and filtration systems; plans for wastewater and waste disposal for | |
| 3313 | - | 102.4the manufacturing facility; plans for providing electricity, water, and other utilities necessary | |
| 3314 | - | 102.5for the normal operation of the manufacturing facility; and plans for compliance with | |
| 3315 | - | 102.6applicable building code and federal and state environmental and workplace safety | |
| 3316 | - | 102.7requirements; | |
| 3317 | - | 102.8 (ii) all methods of extraction and concentration that the applicant intends to use and the | |
| 3318 | - | 102.9volatile chemicals, if any, that are involved in extraction or concentration; | |
| 3319 | - | 102.10 (iii) if the applicant is seeking an endorsement to manufacture products infused with | |
| 3320 | - | 102.11cannabinoids for consumption by patients enrolled in the registry program, proof of an | |
| 3321 | - | 102.12edible cannabis product handler endorsement from the office; and | |
| 3322 | - | 102.13 (iv) evidence that the applicant will comply with the applicable operation requirements | |
| 3323 | - | 102.14for the license being sought; or | |
| 3324 | - | 102.15 (3) for medical cannabis retailer license applicants: | |
| 3325 | - | 102.16 (i) a list of every retail license held by the applicant and, if the applicant is a business, | |
| 3326 | - | 102.17every retail license held, either as an individual or as part of another business, by each | |
| 3327 | - | 102.18officer, director, manager, and general partner of the cannabis business; | |
| 3328 | - | 102.19 (ii) an operating plan demonstrating the proposed layout of the facility including a | |
| 3329 | - | 102.20diagram of ventilation and filtration systems, policies to avoid sales to individuals who are | |
| 3330 | - | 102.21not authorized to receive the distribution of medical cannabis flower or medical cannabinoid | |
| 3331 | - | 102.22products, identification of a restricted area for storage, and plans to prevent the visibility of | |
| 3332 | - | 102.23cannabis flower and cannabis products; | |
| 3333 | - | 102.24 (iii) if the applicant holds or is applying for a cannabis retailer license, a diagram showing | |
| 3334 | - | 102.25the portion of the premises in which medical cannabis flower and medical cannabinoid | |
| 3335 | - | 102.26products will be sold and distributed and identifying an area that is definite and distinct | |
| 3336 | - | 102.27from all other areas of the cannabis retailer, accessed through a distinct entrance, and contains | |
| 3337 | - | 102.28an appropriate space for a pharmacist employee of the medical cannabis retailer to consult | |
| 3338 | - | 102.29with the patient to determine the proper type of medical cannabis flower and medical | |
| 3339 | - | 102.30cannabinoid products and proper dosage for the patient; and | |
| 3340 | - | 102.31 (iv) evidence that the applicant will comply with the applicable operation requirements | |
| 3341 | - | 102.32for the license being sought. | |
| 3342 | - | 102Article 1 Sec. 46. | |
| 3343 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 103.1 Subd. 2.Segregation of medical cannabis.A person, cooperative, or business seeking | |
| 3344 | - | 103.2a medical cannabis cultivator license or a medical cannabis processor license and any other | |
| 3345 | - | 103.3type of cannabis business license, other than a cannabis event organizer license, must identify | |
| 3346 | - | 103.4the methods that will be used to segregate medical cannabis flower and medical cannabinoid | |
| 3347 | - | 103.5products from other cannabis flower and cannabis products to avoid cross-contamination. | |
| 3348 | - | 103.6 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3349 | - | 103.7Sec. 47. [342.45] HEMP BUSINESS LICENSES; APPLICATIONS AND ISSUANCE. | |
| 3350 | - | 103.8 Subdivision 1.Application; contents.(a) Except as otherwise provided in this | |
| 3351 | - | 103.9subdivision, the provisions of this chapter relating to license applications, license selection | |
| 3352 | - | 103.10criteria, general ownership disqualifications and requirements, and general operational | |
| 3353 | - | 103.11requirements do not apply to hemp businesses. | |
| 3354 | - | 103.12 (b) The office by rule shall establish forms and procedures for the processing of hemp | |
| 3355 | - | 103.13licenses issued under this chapter. At a minimum, any application to obtain or renew a hemp | |
| 3356 | - | 103.14license shall include the following information, if applicable: | |
| 3357 | - | 103.15 (1) the name, address, and date of birth of the applicant; | |
| 3358 | - | 103.16 (2) the address and legal property description of the business; | |
| 3359 | - | 103.17 (3) proof of trade name registration; | |
| 3360 | - | 103.18 (4) certification that the applicant will comply with the requirements of this chapter | |
| 3361 | - | 103.19relating to the ownership and operation of a hemp business; | |
| 3362 | - | 103.20 (5) identification of one or more controlling persons or managerial employees as agents | |
| 3363 | - | 103.21who shall be responsible for dealing with the office on all matters; and | |
| 3364 | - | 103.22 (6) a statement that the applicant agrees to respond to the office's supplemental requests | |
| 3365 | - | 103.23for information. | |
| 3366 | - | 103.24 (c) An application on behalf of a corporation or association shall be signed by at least | |
| 3367 | - | 103.25two officers or managing agents of that entity. | |
| 3368 | - | 103.26 Subd. 2.Issuance; eligibility; prohibition on transfer.(a) The office may issue a hemp | |
| 3369 | - | 103.27license to an applicant who: | |
| 3370 | - | 103.28 (1) is at least 21 years of age; | |
| 3371 | - | 103.29 (2) has completed an application for licensure or application for renewal and has fully | |
| 3372 | - | 103.30and truthfully complied with all information requests relating to license application and | |
| 3373 | - | 103.31renewal; | |
| 3374 | - | 103Article 1 Sec. 47. | |
| 3375 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 104.1 (3) has paid the applicable application and license fees pursuant to section 342.11; | |
| 3376 | - | 104.2 (4) is not employed by the office or any state agency with regulatory authority over this | |
| 3377 | - | 104.3chapter; and | |
| 3378 | - | 104.4 (5) does not hold any cannabis business license. | |
| 3379 | - | 104.5 (b) Licenses must be renewed annually. | |
| 3380 | - | 104.6 (c) Licenses may not be transferred. | |
| 3381 | - | 104.7Sec. 48. [342.46] LOWER-POTENCY HEMP EDIBLE MANUFACTURER. | |
| 3382 | - | 104.8 Subdivision 1.Authorized actions.A lower-potency hemp edible manufacturer license | |
| 3383 | - | 104.9entitles the license holder to: | |
| 3384 | - | 104.10 (1) purchase hemp plant parts, hemp concentrate, and synthetically derived cannabinoids | |
| 3385 | - | 104.11from cannabis microbusinesses, cannabis mezzobusinesses, cannabis manufacturers, cannabis | |
| 3386 | - | 104.12wholesalers, and lower-potency hemp edible manufacturers; | |
| 3387 | - | 104.13 (2) purchase hemp plant parts from industrial hemp growers; | |
| 3388 | - | 104.14 (3) make hemp concentrate; | |
| 3389 | - | 104.15 (4) manufacture synthetically derived cannabinoids; | |
| 3390 | - | 104.16 (5) manufacture lower-potency hemp edibles for public consumption; | |
| 3391 | - | 104.17 (6) package and label lower-potency hemp edibles for sale to customers; | |
| 3392 | - | 104.18 (7) sell hemp concentrate, synthetically derived cannabinoids, and lower-potency hemp | |
| 3393 | - | 104.19edibles to other cannabis businesses and hemp businesses; and | |
| 3394 | - | 104.20 (8) perform other actions approved by the office. | |
| 3395 | - | 104.21 Subd. 2.All manufacturer operations.(a) All hemp manufacturing must take place in | |
| 3396 | - | 104.22a facility and on equipment that meets the applicable health and safety requirements | |
| 3397 | - | 104.23established by the office, including requirements for cleaning and testing machinery between | |
| 3398 | - | 104.24production of different products. | |
| 3399 | - | 104.25 (b) A lower-potency hemp edible manufacturer must comply with all applicable | |
| 3400 | - | 104.26packaging, labeling, and testing requirements. | |
| 3401 | - | 104.27 Subd. 3.Extraction and concentration.(a) A lower-potency hemp edible manufacturer | |
| 3402 | - | 104.28that creates hemp concentrate or synthetically derived cannabinoids must obtain an | |
| 3403 | - | 104.29endorsement from the office. | |
| 3324 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 102.1 Subd. 2.Segregation of medical cannabis.A person, cooperative, or business seeking | |
| 3325 | + | 102.2a medical cannabis cultivator license or a medical cannabis processor license and any other | |
| 3326 | + | 102.3type of cannabis business license, other than a cannabis event organizer license, must identify | |
| 3327 | + | 102.4the methods that will be used to segregate medical cannabis flower and medical cannabinoid | |
| 3328 | + | 102.5products from other cannabis flower and cannabinoid products to avoid cross-contamination. | |
| 3329 | + | 102.6 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3330 | + | 102.7Sec. 47. [342.45] HEMP BUSINESS LICENSES; APPLICATIONS AND ISSUANCE. | |
| 3331 | + | 102.8 Subdivision 1.Application; contents.(a) Except as otherwise provided in this | |
| 3332 | + | 102.9subdivision, the provisions of this chapter relating to license applications, license selection | |
| 3333 | + | 102.10criteria, general ownership disqualifications and requirements, and general operational | |
| 3334 | + | 102.11requirements do not apply to hemp businesses. | |
| 3335 | + | 102.12 (b) The office by rule shall establish forms and procedures for the processing of hemp | |
| 3336 | + | 102.13licenses issued under this chapter. At a minimum, any application to obtain or renew a hemp | |
| 3337 | + | 102.14license shall include the following information, if applicable: | |
| 3338 | + | 102.15 (1) the name, address, and date of birth of the applicant; | |
| 3339 | + | 102.16 (2) the address and legal property description of the business; | |
| 3340 | + | 102.17 (3) proof of trade name registration; | |
| 3341 | + | 102.18 (4) certification that the applicant will comply with the requirements of this chapter | |
| 3342 | + | 102.19relating to the ownership and operation of a hemp business; | |
| 3343 | + | 102.20 (5) identification of one or more controlling persons or managerial employees as agents | |
| 3344 | + | 102.21who shall be responsible for dealing with the office on all matters; and | |
| 3345 | + | 102.22 (6) a statement that the applicant agrees to respond to the office's supplemental requests | |
| 3346 | + | 102.23for information. | |
| 3347 | + | 102.24 (c) An application on behalf of a corporation or association shall be signed by at least | |
| 3348 | + | 102.25two officers or managing agents of that entity. | |
| 3349 | + | 102.26 Subd. 2.Issuance; eligibility; prohibition on transfer.(a) The office may issue a hemp | |
| 3350 | + | 102.27license to an applicant who: | |
| 3351 | + | 102.28 (1) is at least 21 years of age; | |
| 3352 | + | 102.29 (2) has completed an application for licensure or application for renewal and has fully | |
| 3353 | + | 102.30and truthfully complied with all information requests relating to license application and | |
| 3354 | + | 102.31renewal; | |
| 3355 | + | 102Article 1 Sec. 47. | |
| 3356 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 103.1 (3) has paid the applicable application and license fees pursuant to section 342.11; | |
| 3357 | + | 103.2 (4) is not employed by the office or any state agency with regulatory authority over this | |
| 3358 | + | 103.3chapter; and | |
| 3359 | + | 103.4 (5) does not hold any cannabis business license. | |
| 3360 | + | 103.5 (b) Licenses must be renewed annually. | |
| 3361 | + | 103.6 (c) Licenses may not be transferred. | |
| 3362 | + | 103.7Sec. 48. [342.46] LOWER-POTENCY HEMP EDIBLE MANUFACTURER. | |
| 3363 | + | 103.8 Subdivision 1.Authorized actions.A lower-potency hemp edible manufacturer license | |
| 3364 | + | 103.9entitles the license holder to: | |
| 3365 | + | 103.10 (1) purchase hemp plant parts, hemp concentrate, and synthetically derived cannabinoids | |
| 3366 | + | 103.11from cannabis microbusinesses, cannabis mezzobusinesses, cannabis manufacturers, cannabis | |
| 3367 | + | 103.12wholesalers, lower-potency hemp edible manufacturers, and industrial hemp growers; | |
| 3368 | + | 103.13 (2) make hemp concentrate; | |
| 3369 | + | 103.14 (3) manufacture synthetically derived cannabinoids; | |
| 3370 | + | 103.15 (4) manufacture lower-potency hemp edibles for public consumption; | |
| 3371 | + | 103.16 (5) package and label lower-potency hemp edibles for sale to customers; | |
| 3372 | + | 103.17 (6) sell hemp concentrate, synthetically derived cannabinoids, and lower-potency hemp | |
| 3373 | + | 103.18edibles to other cannabis businesses and hemp businesses; and | |
| 3374 | + | 103.19 (7) perform other actions approved by the office. | |
| 3375 | + | 103.20 Subd. 2.All manufacturer operations.(a) All hemp manufacturing must take place in | |
| 3376 | + | 103.21a facility and on equipment that meets the applicable health and safety requirements | |
| 3377 | + | 103.22established by the office, including requirements for cleaning and testing machinery between | |
| 3378 | + | 103.23production of different products. | |
| 3379 | + | 103.24 (b) A lower-potency hemp edible manufacturer must comply with all applicable | |
| 3380 | + | 103.25packaging, labeling, and testing requirements. | |
| 3381 | + | 103.26 Subd. 3.Extraction and concentration.(a) A lower-potency hemp edible manufacturer | |
| 3382 | + | 103.27that creates hemp concentrate or synthetically derived cannabinoids must obtain an | |
| 3383 | + | 103.28endorsement from the office. | |
| 3384 | + | 103.29 (b) A lower-potency hemp edible manufacturer seeking an endorsement to create hemp | |
| 3385 | + | 103.30concentrate must inform the office of all methods of extraction and concentration that the | |
| 3386 | + | 103Article 1 Sec. 48. | |
| 3387 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 104.1manufacturer intends to use and identify the volatile chemicals, if any, that will be involved | |
| 3388 | + | 104.2in the creation of hemp concentrate. A lower-potency hemp edible manufacturer may not | |
| 3389 | + | 104.3use a method of extraction and concentration of a volatile chemical without approval by | |
| 3390 | + | 104.4the office. | |
| 3391 | + | 104.5 (c) A lower-potency hemp edible manufacturer seeking an endorsement to create | |
| 3392 | + | 104.6synthetically derived cannabinoids must inform the office of all methods of conversion that | |
| 3393 | + | 104.7the manufacturer will use, including any specific catalysts that the manufacturer will employ, | |
| 3394 | + | 104.8to create synthetically derived cannabinoids and the molecular nomenclature of all | |
| 3395 | + | 104.9cannabinoids or other chemical compound that the manufacturer will create. A business | |
| 3396 | + | 104.10licensed or authorized to manufacture lower-potency hemp edibles may not use a method | |
| 3397 | + | 104.11of conversion or a catalyst without approval by the office. | |
| 3398 | + | 104.12 (d) A lower-potency hemp edible manufacturer must obtain a certification from an | |
| 3399 | + | 104.13independent third-party industrial hygienist or professional engineer approving: | |
| 3400 | + | 104.14 (1) all electrical, gas, fire suppression, and exhaust systems; and | |
| 3401 | + | 104.15 (2) the plan for safe storage and disposal of hazardous substances, including but not | |
| 3402 | + | 104.16limited to any volatile chemicals. | |
| 3403 | + | 104.17 (e) Upon the sale of hemp concentrate or synthetically derived cannabinoids to any | |
| 3404 | + | 104.18person, cooperative, or business, a lower-potency hemp edible manufacturer must provide | |
| 3405 | + | 104.19a statement to the buyer that discloses the method of extraction and concentration or | |
| 3406 | + | 104.20conversion used and any solvents, gases, or catalysts, including but not limited to any volatile | |
| 3407 | + | 104.21chemicals, involved in that method. | |
| 3408 | + | 104.22 Subd. 4.Production of consumer products.(a) A lower-potency hemp edible | |
| 3409 | + | 104.23manufacturer that produces lower-potency hemp edibles must obtain an edible cannabinoid | |
| 3410 | + | 104.24product handler endorsement from the office. | |
| 3411 | + | 104.25 (b) All areas within the premises of a lower-potency hemp edible manufacturer used for | |
| 3412 | + | 104.26producing lower-potency hemp edibles must meet the sanitary standards specified in rules | |
| 3413 | + | 104.27adopted by the office. | |
| 3414 | + | 104.28 (c) A lower-potency hemp edible manufacturer may only add chemicals or compounds | |
| 3415 | + | 104.29approved by the office to hemp concentrate or synthetically derived cannabinoids. | |
| 3416 | + | 104.30 (d) Upon the sale of any lower-potency hemp edible to a cannabis business or hemp | |
| 3417 | + | 104.31business, a lower-potency hemp edible manufacturer must provide a statement to the buyer | |
| 3418 | + | 104.32that discloses the product's ingredients, including but not limited to any chemicals or | |
| 3419 | + | 104.33compounds and any major food allergens declared by name. | |
| 3404 | 3420 | 104Article 1 Sec. 48. | |
| 3405 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 105.1 (b) A lower-potency hemp edible manufacturer seeking an endorsement to create hemp | |
| 3406 | - | 105.2concentrate must inform the office of all methods of extraction and concentration that the | |
| 3407 | - | 105.3manufacturer intends to use and identify the volatile chemicals, if any, that will be involved | |
| 3408 | - | 105.4in the creation of hemp concentrate. A lower-potency hemp edible manufacturer may not | |
| 3409 | - | 105.5use a method of extraction and concentration of a volatile chemical without approval by | |
| 3410 | - | 105.6the office. | |
| 3411 | - | 105.7 (c) A lower-potency hemp edible manufacturer seeking an endorsement to create | |
| 3412 | - | 105.8synthetically derived cannabinoids must inform the office of all methods of conversion that | |
| 3413 | - | 105.9the manufacturer will use, including any specific catalysts that the manufacturer will employ, | |
| 3414 | - | 105.10to create synthetically derived cannabinoids and the molecular nomenclature of all | |
| 3415 | - | 105.11cannabinoids or other chemical compound that the manufacturer will create. A business | |
| 3416 | - | 105.12licensed or authorized to manufacture lower-potency hemp edibles may not use a method | |
| 3417 | - | 105.13of conversion or a catalyst without approval by the office. | |
| 3418 | - | 105.14 (d) A lower-potency hemp edible manufacturer must obtain a certification from an | |
| 3419 | - | 105.15independent third-party industrial hygienist or professional engineer approving: | |
| 3420 | - | 105.16 (1) all electrical, gas, fire suppression, and exhaust systems; and | |
| 3421 | - | 105.17 (2) the plan for safe storage and disposal of hazardous substances, including but not | |
| 3422 | - | 105.18limited to any volatile chemicals. | |
| 3423 | - | 105.19 (e) Upon the sale of hemp concentrate or synthetically derived cannabinoids to any | |
| 3424 | - | 105.20person, cooperative, or business, a lower-potency hemp edible manufacturer must provide | |
| 3425 | - | 105.21a statement to the buyer that discloses the method of extraction and concentration or | |
| 3426 | - | 105.22conversion used and any solvents, gases, or catalysts, including but not limited to any volatile | |
| 3427 | - | 105.23chemicals, involved in that method. | |
| 3428 | - | 105.24 Subd. 4.Production of consumer products.(a) A lower-potency hemp edible | |
| 3429 | - | 105.25manufacturer that produces lower-potency hemp edibles must obtain an edible cannabis | |
| 3430 | - | 105.26product handler endorsement from the office. | |
| 3431 | - | 105.27 (b) All areas within the premises of a lower-potency hemp edible manufacturer used for | |
| 3432 | - | 105.28producing lower-potency hemp edibles must meet the sanitary standards specified in rules | |
| 3433 | - | 105.29adopted by the office. | |
| 3434 | - | 105.30 (c) A lower-potency hemp edible manufacturer may only add chemicals or compounds | |
| 3435 | - | 105.31approved by the office to hemp concentrate or synthetically derived cannabinoids. | |
| 3436 | - | 105.32 (d) Upon the sale of any lower-potency hemp edible to a cannabis business or hemp | |
| 3437 | - | 105.33business, a lower-potency hemp edible manufacturer must provide a statement to the buyer | |
| 3438 | - | 105Article 1 Sec. 48. | |
| 3439 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 106.1that discloses the product's ingredients, including but not limited to any chemicals or | |
| 3440 | - | 106.2compounds and any major food allergens declared by name. | |
| 3441 | - | 106.3 (e) A lower-potency hemp edible manufacturer shall not add any synthetically derived | |
| 3442 | - | 106.4cannabinoid, hemp plant part, or hemp concentrate to a product where the manufacturer of | |
| 3443 | - | 106.5the product holds a trademark to the product's name, except that a lower-potency hemp | |
| 3444 | - | 106.6edible manufacturer may use a trademarked food product if the manufacturer uses the | |
| 3445 | - | 106.7product as a component or as part of a recipe and where the lower-potency hemp edible | |
| 3446 | - | 106.8manufacturer does not state or advertise to the customer that the final retail lower-potency | |
| 3447 | - | 106.9hemp edible contains a trademarked food product. | |
| 3448 | - | 106.10 (f) A lower-potency hemp edible manufacturer shall not add any cannabis flower, | |
| 3449 | - | 106.11cannabis concentrate, or any cannabinoid derived from cannabis flower or cannabis | |
| 3450 | - | 106.12concentrate to a product. | |
| 3451 | - | 106.13Sec. 49. [342.47] MEDICAL CANNABIS CULTIVATORS. | |
| 3452 | - | 106.14 (a) A medical cannabis cultivator license entitles the license holder to grow cannabis | |
| 3453 | - | 106.15plants within the approved amount of space up to 60,000 square feet of plant canopy from | |
| 3454 | - | 106.16seed or immature plant to mature plant, harvest cannabis flower from a mature plant, package | |
| 3455 | - | 106.17and label cannabis flower as medical cannabis flower, sell medical cannabis flower to | |
| 3456 | - | 106.18medical cannabis processors and medical cannabis retailers, transport medical cannabis | |
| 3457 | - | 106.19flower to a medical cannabis processor located on the same premises, and perform other | |
| 3458 | - | 106.20actions approved by the office. | |
| 3459 | - | 106.21 (b) A medical cannabis cultivator license holder must comply with all requirements of | |
| 3460 | - | 106.22section 342.25. | |
| 3461 | - | 106.23 (c) A medical cannabis cultivator license holder must verify that every batch of medical | |
| 3462 | - | 106.24cannabis flower has passed safety, potency, and consistency testing at a cannabis testing | |
| 3463 | - | 106.25facility approved by the office for the testing of medical cannabis flower before the medical | |
| 3464 | - | 106.26cannabis cultivator may package, label, or sell the medical cannabis flower to any other | |
| 3465 | - | 106.27entity. | |
| 3466 | - | 106.28 (d) A medical cannabis cultivator may exceed the limit of 60,000 square feet of plant | |
| 3467 | - | 106.29canopy if it was legally cultivating medical cannabis with a greater plant canopy as of April | |
| 3468 | - | 106.301, 2023. | |
| 3469 | - | 106.31 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3470 | - | 106Article 1 Sec. 49. | |
| 3471 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 107.1Sec. 50. [342.48] MEDICAL CANNABIS PROCESSORS. | |
| 3472 | - | 107.2 (a) A medical cannabis processor license, consistent with the specific license endorsement | |
| 3473 | - | 107.3or endorsements, entitles the license holder to: | |
| 3474 | - | 107.4 (1) purchase medical cannabis flower, medical cannabinoid products, hemp plant parts, | |
| 3475 | - | 107.5and hemp concentrate from medical cannabis cultivators and other medical cannabis | |
| 3476 | - | 107.6processors; | |
| 3477 | - | 107.7 (2) purchase hemp plant parts from industrial hemp growers; | |
| 3478 | - | 107.8 (3) make cannabis concentrate from medical cannabis flower; | |
| 3479 | - | 107.9 (4) make hemp concentrate, including hemp concentrate with a delta-9 | |
| 3480 | - | 107.10tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; | |
| 3481 | - | 107.11 (5) manufacture medical cannabinoid products; | |
| 3482 | - | 107.12 (6) package and label medical cannabinoid products for sale to other medical cannabis | |
| 3483 | - | 107.13processors and to medical cannabis retailers; and | |
| 3484 | - | 107.14 (7) perform other actions approved by the office. | |
| 3485 | - | 107.15 (b) A medical cannabis processor license holder must comply with all requirements of | |
| 3486 | - | 107.16section 342.26, including requirements to obtain specific license endorsements. | |
| 3487 | - | 107.17 (c) A medical cannabis processor license holder must verify that every batch of medical | |
| 3488 | - | 107.18cannabinoid product has passed safety, potency, and consistency testing at a cannabis testing | |
| 3489 | - | 107.19facility approved by the office for the testing of medical cannabinoid products before the | |
| 3490 | - | 107.20medical cannabis processor may package, label, or sell the medical cannabinoid product to | |
| 3491 | - | 107.21any other entity. | |
| 3492 | - | 107.22 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3493 | - | 107.23Sec. 51. [342.49] MEDICAL CANNABIS RETAILERS. | |
| 3494 | - | 107.24 Subdivision 1.Authorized actions.(a) A medical cannabis retailer license entitles the | |
| 3495 | - | 107.25license holder to purchase medical cannabis flower and medical cannabinoid products from | |
| 3496 | - | 107.26medical cannabis cultivators and medical cannabis processors and sell or distribute medical | |
| 3497 | - | 107.27cannabis flower and medical cannabinoid products to any person authorized to receive | |
| 3498 | - | 107.28medical cannabis flower or medical cannabinoid products. | |
| 3499 | - | 107.29 (b) A medical cannabis retailer license holder must verify that all medical cannabis | |
| 3500 | - | 107.30flower and medical cannabinoid products have passed safety, potency, and consistency | |
| 3501 | - | 107.31testing at a cannabis testing facility approved by the office for the testing of medical cannabis | |
| 3421 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 105.1 (e) A lower-potency hemp edible manufacturer shall not add any synthetically derived | |
| 3422 | + | 105.2cannabinoid, hemp plant part, or hemp concentrate to a product where the manufacturer of | |
| 3423 | + | 105.3the product holds a trademark to the product's name, except that a lower-potency hemp | |
| 3424 | + | 105.4edible manufacturer may use a trademarked food product if the manufacturer uses the | |
| 3425 | + | 105.5product as a component or as part of a recipe and where the lower-potency hemp edible | |
| 3426 | + | 105.6manufacturer does not state or advertise to the customer that the final retail lower-potency | |
| 3427 | + | 105.7hemp edible contains a trademarked food product. | |
| 3428 | + | 105.8 (f) A lower-potency hemp edible manufacturer shall not add any cannabis flower, | |
| 3429 | + | 105.9cannabis concentrate, or any cannabinoid derived from cannabis flower or cannabis | |
| 3430 | + | 105.10concentrate to a product. | |
| 3431 | + | 105.11Sec. 49. [342.47] MEDICAL CANNABIS CULTIVATORS. | |
| 3432 | + | 105.12 (a) A medical cannabis cultivator license entitles the license holder to grow cannabis | |
| 3433 | + | 105.13plants within the approved amount of space up to 60,000 square feet of plant canopy from | |
| 3434 | + | 105.14seed or immature plant to mature plant, harvest cannabis flower from a mature plant, package | |
| 3435 | + | 105.15and label cannabis flower as medical cannabis flower, sell medical cannabis flower to | |
| 3436 | + | 105.16medical cannabis processors and medical cannabis retailers, transport medical cannabis | |
| 3437 | + | 105.17flower to a medical cannabis processor located on the same premises, and perform other | |
| 3438 | + | 105.18actions approved by the office. | |
| 3439 | + | 105.19 (b) A medical cannabis cultivator license holder must comply with all requirements of | |
| 3440 | + | 105.20section 342.25. | |
| 3441 | + | 105.21 (c) A medical cannabis cultivator license holder must verify that every batch of medical | |
| 3442 | + | 105.22cannabis flower has passed safety, potency, and consistency testing at a cannabis testing | |
| 3443 | + | 105.23facility approved by the office for the testing of medical cannabis flower before the medical | |
| 3444 | + | 105.24cannabis cultivator may package, label, or sell the medical cannabis flower to any other | |
| 3445 | + | 105.25entity. | |
| 3446 | + | 105.26 (d) A medical cannabis cultivator may exceed the limit of 60,000 square feet of plant | |
| 3447 | + | 105.27canopy if it was legally cultivating medical cannabis with a greater plant canopy as of April | |
| 3448 | + | 105.281, 2023. | |
| 3449 | + | 105.29 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3450 | + | 105.30Sec. 50. [342.48] MEDICAL CANNABIS PROCESSORS. | |
| 3451 | + | 105.31 (a) A medical cannabis processor license, consistent with the specific license endorsement | |
| 3452 | + | 105.32or endorsements, entitles the license holder to: | |
| 3453 | + | 105Article 1 Sec. 50. | |
| 3454 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 106.1 (1) purchase medical cannabis flower, medical cannabinoid products, hemp plant parts, | |
| 3455 | + | 106.2and hemp concentrate from medical cannabis cultivators, other medical cannabis processors, | |
| 3456 | + | 106.3and industrial hemp growers; | |
| 3457 | + | 106.4 (2) make cannabis concentrate from medical cannabis flower; | |
| 3458 | + | 106.5 (3) make hemp concentrate, including hemp concentrate with a delta-9 | |
| 3459 | + | 106.6tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; | |
| 3460 | + | 106.7 (4) manufacture medical cannabinoid products; | |
| 3461 | + | 106.8 (5) package and label medical cannabinoid products for sale to other medical cannabis | |
| 3462 | + | 106.9processors and to medical cannabis retailers; and | |
| 3463 | + | 106.10 (6) perform other actions approved by the office. | |
| 3464 | + | 106.11 (b) A medical cannabis processor license holder must comply with all requirements of | |
| 3465 | + | 106.12section 342.26, including requirements to obtain specific license endorsements. | |
| 3466 | + | 106.13 (c) A medical cannabis processor license holder must verify that every batch of medical | |
| 3467 | + | 106.14cannabinoid product has passed safety, potency, and consistency testing at a cannabis testing | |
| 3468 | + | 106.15facility approved by the office for the testing of medical cannabinoid products before the | |
| 3469 | + | 106.16medical cannabis processor may package, label, or sell the medical cannabinoid product to | |
| 3470 | + | 106.17any other entity. | |
| 3471 | + | 106.18 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3472 | + | 106.19Sec. 51. [342.49] MEDICAL CANNABIS RETAILERS. | |
| 3473 | + | 106.20 Subdivision 1.Authorized actions.(a) A medical cannabis retailer license entitles the | |
| 3474 | + | 106.21license holder to purchase medical cannabis flower and medical cannabinoid products from | |
| 3475 | + | 106.22medical cannabis cultivators and medical cannabis processors and sell or distribute medical | |
| 3476 | + | 106.23cannabis flower and medical cannabinoid products to any person authorized to receive | |
| 3477 | + | 106.24medical cannabis flower or medical cannabinoid products. | |
| 3478 | + | 106.25 (b) A medical cannabis retailer license holder must verify that all medical cannabis | |
| 3479 | + | 106.26flower and medical cannabinoid products have passed safety, potency, and consistency | |
| 3480 | + | 106.27testing at a cannabis testing facility approved by the office for the testing of medical cannabis | |
| 3481 | + | 106.28flower and medical cannabinoid products before the medical cannabis retailer may distribute | |
| 3482 | + | 106.29the medical cannabis flower or medical cannabinoid product to any person authorized to | |
| 3483 | + | 106.30receive medical cannabis flower or medical cannabinoid products. | |
| 3484 | + | 106.31 Subd. 2.Distribution requirements.(a) Prior to distribution of medical cannabis flower | |
| 3485 | + | 106.32or medical cannabinoid products, a medical cannabis retailer licensee must: | |
| 3486 | + | 106Article 1 Sec. 51. | |
| 3487 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 107.1 (1) review and confirm the patient's registry verification; | |
| 3488 | + | 107.2 (2) verify that the person requesting the distribution of medical cannabis flower or | |
| 3489 | + | 107.3medical cannabinoid products is the patient, the patient's registered designated caregiver, | |
| 3490 | + | 107.4or the patient's parent, legal guardian, or spouse using the procedures specified in section | |
| 3491 | + | 107.5152.11, subdivision 2d; | |
| 3492 | + | 107.6 (3) ensure that a pharmacist employee of the medical cannabis retailer has consulted | |
| 3493 | + | 107.7with the patient if required according to subdivision 3; and | |
| 3494 | + | 107.8 (4) apply a patient-specific label on the medical cannabis flower or medical cannabinoid | |
| 3495 | + | 107.9product that includes recommended dosage requirements and other information as required | |
| 3496 | + | 107.10by rules adopted by the office. | |
| 3497 | + | 107.11 (b) A medical cannabis retailer may not deliver medical cannabis flower or medical | |
| 3498 | + | 107.12cannabinoid products unless the medical cannabis retailer also holds a cannabis delivery | |
| 3499 | + | 107.13service license. Delivery of medical cannabis flower and medical cannabinoid products are | |
| 3500 | + | 107.14subject to the provisions of section 342.40. | |
| 3501 | + | 107.15 Subd. 3.Final approval for distribution of medical cannabis flower and medical | |
| 3502 | + | 107.16cannabinoid products.(a) A cannabis worker who is employed by a medical cannabis | |
| 3503 | + | 107.17retailer and who is licensed as a pharmacist pursuant to chapter 151 shall be the only person | |
| 3504 | + | 107.18who may give final approval for the distribution of medical cannabis flower and medical | |
| 3505 | + | 107.19cannabinoid products. Prior to the distribution of medical cannabis flower or medical | |
| 3506 | + | 107.20cannabinoid products, a pharmacist employed by the medical cannabis retailer must consult | |
| 3507 | + | 107.21with the patient to determine the proper type of medical cannabis flower, medical cannabinoid | |
| 3508 | + | 107.22product, or medical cannabis paraphernalia and proper dosage for the patient after reviewing | |
| 3509 | + | 107.23the range of chemical compositions of medical cannabis flower or medical cannabinoid | |
| 3510 | + | 107.24product. For purposes of this subdivision, a consultation may be conducted remotely by | |
| 3511 | + | 107.25secure videoconference, telephone, or other remote means, as long as: | |
| 3512 | + | 107.26 (1) the pharmacist engaging in the consultation is able to confirm the identity of the | |
| 3513 | + | 107.27patient; and | |
| 3514 | + | 107.28 (2) the consultation adheres to patient privacy requirements that apply to health care | |
| 3515 | + | 107.29services delivered through telemedicine. | |
| 3516 | + | 107.30 (b) Notwithstanding paragraph (a), a pharmacist consultation is not required prior to the | |
| 3517 | + | 107.31distribution of medical cannabis flower or medical cannabinoid products when a medical | |
| 3518 | + | 107.32cannabis retailer is distributing medical cannabis flower or medical cannabinoid products | |
| 3519 | + | 107.33to a patient according to a patient-specific dosage plan established with that medical cannabis | |
| 3502 | 3520 | 107Article 1 Sec. 51. | |
| 3503 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 108.1flower and medical cannabinoid products before the medical cannabis retailer may distribute | |
| 3504 | - | 108.2the medical cannabis flower or medical cannabinoid product to any person authorized to | |
| 3505 | - | 108.3receive medical cannabis flower or medical cannabinoid products. | |
| 3506 | - | 108.4 Subd. 2.Distribution requirements.(a) Prior to distribution of medical cannabis flower | |
| 3507 | - | 108.5or medical cannabinoid products, a medical cannabis retailer licensee must: | |
| 3508 | - | 108.6 (1) review and confirm the patient's registry verification; | |
| 3509 | - | 108.7 (2) verify that the person requesting the distribution of medical cannabis flower or | |
| 3510 | - | 108.8medical cannabinoid products is the patient, the patient's registered designated caregiver, | |
| 3511 | - | 108.9or the patient's parent, legal guardian, or spouse using the procedures specified in section | |
| 3512 | - | 108.10152.11, subdivision 2d; | |
| 3513 | - | 108.11 (3) ensure that a pharmacist employee of the medical cannabis retailer has consulted | |
| 3514 | - | 108.12with the patient if required according to subdivision 3; and | |
| 3515 | - | 108.13 (4) apply a patient-specific label on the medical cannabis flower or medical cannabinoid | |
| 3516 | - | 108.14product that includes recommended dosage requirements and other information as required | |
| 3517 | - | 108.15by rules adopted by the office. | |
| 3518 | - | 108.16 (b) A medical cannabis retailer may not deliver medical cannabis flower or medical | |
| 3519 | - | 108.17cannabinoid products unless the medical cannabis retailer also holds a cannabis delivery | |
| 3520 | - | 108.18service license. Delivery of medical cannabis flower and medical cannabinoid products are | |
| 3521 | - | 108.19subject to the provisions of section 342.40. | |
| 3522 | - | 108.20 Subd. 3.Final approval for distribution of medical cannabis flower and medical | |
| 3523 | - | 108.21cannabinoid products.(a) A cannabis worker who is employed by a medical cannabis | |
| 3524 | - | 108.22retailer and who is licensed as a pharmacist pursuant to chapter 151 shall be the only person | |
| 3525 | - | 108.23who may give final approval for the distribution of medical cannabis flower and medical | |
| 3526 | - | 108.24cannabinoid products. Prior to the distribution of medical cannabis flower or medical | |
| 3527 | - | 108.25cannabinoid products, a pharmacist employed by the medical cannabis retailer must consult | |
| 3528 | - | 108.26with the patient to determine the proper type of medical cannabis flower, medical cannabinoid | |
| 3529 | - | 108.27product, or medical cannabis paraphernalia and proper dosage for the patient after reviewing | |
| 3530 | - | 108.28the range of chemical compositions of medical cannabis flower or medical cannabinoid | |
| 3531 | - | 108.29product. For purposes of this subdivision, a consultation may be conducted remotely by | |
| 3532 | - | 108.30secure videoconference, telephone, or other remote means, as long as: | |
| 3533 | - | 108.31 (1) the pharmacist engaging in the consultation is able to confirm the identity of the | |
| 3534 | - | 108.32patient; and | |
| 3521 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 108.1retailer and is not modifying the dosage or product being distributed under that plan. Medical | |
| 3522 | + | 108.2cannabis flower or medical cannabinoid products distributed under this paragraph must be | |
| 3523 | + | 108.3distributed by a pharmacy technician employed by the medical cannabis retailer. | |
| 3524 | + | 108.4 Subd. 4.90-day supply.A medical cannabis retailer shall not distribute more than a | |
| 3525 | + | 108.590-day supply of medical cannabis flower or medical cannabinoid products to a patient, | |
| 3526 | + | 108.6registered designated caregiver, or parent, legal guardian, or spouse of a patient according | |
| 3527 | + | 108.7to the dosages established for the individual patient. | |
| 3528 | + | 108.8 Subd. 5.Distribution to recipient in a motor vehicle.A medical cannabis retailer may | |
| 3529 | + | 108.9distribute medical cannabis flower and medical cannabinoid products to a patient, registered | |
| 3530 | + | 108.10designated caregiver, or parent, legal guardian, or spouse of a patient who is at a dispensary | |
| 3531 | + | 108.11location but remains in a motor vehicle, provided that: | |
| 3532 | + | 108.12 (1) staff receive payment and distribute medical cannabis flower and medical cannabinoid | |
| 3533 | + | 108.13products in a designated zone that is as close as feasible to the front door of the facility; | |
| 3534 | + | 108.14 (2) the medical cannabis retailer ensures that the receipt of payment and distribution of | |
| 3535 | + | 108.15medical cannabis flower and medical cannabinoid products are visually recorded by a | |
| 3536 | + | 108.16closed-circuit television surveillance camera and provides any other necessary security | |
| 3537 | + | 108.17safeguards; | |
| 3538 | + | 108.18 (3) the medical cannabis retailer does not store medical cannabis flower or medical | |
| 3539 | + | 108.19cannabinoid products outside a restricted access area and staff transport medical cannabis | |
| 3540 | + | 108.20flower and medical cannabinoid products from a restricted access area to the designated | |
| 3541 | + | 108.21zone for distribution only after confirming that the patient, designated caregiver, or parent, | |
| 3542 | + | 108.22guardian, or spouse has arrived in the designated zone; | |
| 3543 | + | 108.23 (4) the payment and distribution of medical cannabis flower and medical cannabinoid | |
| 3544 | + | 108.24products take place only after a pharmacist consultation takes place, if required under | |
| 3545 | + | 108.25subdivision 3; | |
| 3546 | + | 108.26 (5) immediately following distribution of medical cannabis flower or medical cannabinoid | |
| 3547 | + | 108.27products, staff enter the transaction in the statewide monitoring system; and | |
| 3548 | + | 108.28 (6) immediately following distribution of medical cannabis flower and medical | |
| 3549 | + | 108.29cannabinoid products, staff take the payment received into the facility. | |
| 3550 | + | 108.30 Subd. 6.Physical separation required.A medical cannabis retailer that is also a cannabis | |
| 3551 | + | 108.31retailer must distribute medical cannabis flower and medical cannabinoid products provided | |
| 3552 | + | 108.32that the portion of the premises in which medical cannabis flower and medical cannabinoid | |
| 3553 | + | 108.33products are sold is definite and distinct from all other areas of the cannabis retailer, is | |
| 3535 | 3554 | 108Article 1 Sec. 51. | |
| 3536 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 109.1 (2) the consultation adheres to patient privacy requirements that apply to health care | |
| 3537 | - | 109.2services delivered through telemedicine. | |
| 3538 | - | 109.3 (b) Notwithstanding paragraph (a), a pharmacist consultation is not required prior to the | |
| 3539 | - | 109.4distribution of medical cannabis flower or medical cannabinoid products when a medical | |
| 3540 | - | 109.5cannabis retailer is distributing medical cannabis flower or medical cannabinoid products | |
| 3541 | - | 109.6to a patient according to a patient-specific dosage plan established with that medical cannabis | |
| 3542 | - | 109.7retailer and is not modifying the dosage or product being distributed under that plan. Medical | |
| 3543 | - | 109.8cannabis flower or medical cannabinoid products distributed under this paragraph must be | |
| 3544 | - | 109.9distributed by a pharmacy technician employed by the medical cannabis retailer. | |
| 3545 | - | 109.10 Subd. 4.90-day supply.A medical cannabis retailer shall not distribute more than a | |
| 3546 | - | 109.1190-day supply of medical cannabis flower or medical cannabinoid products to a patient, | |
| 3547 | - | 109.12registered designated caregiver, or parent, legal guardian, or spouse of a patient according | |
| 3548 | - | 109.13to the dosages established for the individual patient. | |
| 3549 | - | 109.14 Subd. 5.Distribution to recipient in a motor vehicle.A medical cannabis retailer may | |
| 3550 | - | 109.15distribute medical cannabis flower and medical cannabinoid products to a patient, registered | |
| 3551 | - | 109.16designated caregiver, or parent, legal guardian, or spouse of a patient who is at a dispensary | |
| 3552 | - | 109.17location but remains in a motor vehicle, provided that: | |
| 3553 | - | 109.18 (1) staff receive payment and distribute medical cannabis flower and medical cannabinoid | |
| 3554 | - | 109.19products in a designated zone that is as close as feasible to the front door of the facility; | |
| 3555 | - | 109.20 (2) the medical cannabis retailer ensures that the receipt of payment and distribution of | |
| 3556 | - | 109.21medical cannabis flower and medical cannabinoid products are visually recorded by a | |
| 3557 | - | 109.22closed-circuit television surveillance camera and provides any other necessary security | |
| 3558 | - | 109.23safeguards; | |
| 3559 | - | 109.24 (3) the medical cannabis retailer does not store medical cannabis flower or medical | |
| 3560 | - | 109.25cannabinoid products outside a restricted access area and staff transport medical cannabis | |
| 3561 | - | 109.26flower and medical cannabinoid products from a restricted access area to the designated | |
| 3562 | - | 109.27zone for distribution only after confirming that the patient, designated caregiver, or parent, | |
| 3563 | - | 109.28guardian, or spouse has arrived in the designated zone; | |
| 3564 | - | 109.29 (4) the payment and distribution of medical cannabis flower and medical cannabinoid | |
| 3565 | - | 109.30products take place only after a pharmacist consultation takes place, if required under | |
| 3566 | - | 109.31subdivision 3; | |
| 3567 | - | 109.32 (5) immediately following distribution of medical cannabis flower or medical cannabinoid | |
| 3568 | - | 109.33products, staff enter the transaction in the statewide monitoring system; and | |
| 3569 | - | 109Article 1 Sec. 51. | |
| 3570 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 110.1 (6) immediately following distribution of medical cannabis flower and medical | |
| 3571 | - | 110.2cannabinoid products, staff take the payment received into the facility. | |
| 3572 | - | 110.3 Subd. 6.Physical separation required.A medical cannabis retailer that is also a cannabis | |
| 3573 | - | 110.4retailer must distribute medical cannabis flower and medical cannabinoid products provided | |
| 3574 | - | 110.5that the portion of the premises in which medical cannabis flower and medical cannabinoid | |
| 3575 | - | 110.6products are sold is definite and distinct from all other areas of the cannabis retailer, is | |
| 3576 | - | 110.7accessed through a distinct entrance, and provides an appropriate space for a pharmacist | |
| 3577 | - | 110.8employee of the medical cannabis retailer to consult with the patient to determine the proper | |
| 3578 | - | 110.9type of medical cannabis flower and medical cannabinoid products and proper dosage for | |
| 3579 | - | 110.10the patient. | |
| 3580 | - | 110.11 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3581 | - | 110.12Sec. 52. [342.50] TRIBAL MEDICAL CANNABIS PROGRAM. | |
| 3582 | - | 110.13 Subdivision 1.Tribal medical cannabis program manufacturer transportation.(a) | |
| 3583 | - | 110.14A Tribal medical cannabis program manufacturer may transport medical cannabis to testing | |
| 3584 | - | 110.15laboratories in the state and to other Indian lands. | |
| 3585 | - | 110.16 (b) A Tribal medical cannabis program manufacturer must staff a motor vehicle used to | |
| 3586 | - | 110.17transport medical cannabis with at least two employees of the manufacturer. Each employee | |
| 3587 | - | 110.18in the transport vehicle must carry identification specifying that the employee is an employee | |
| 3588 | - | 110.19of the manufacturer, and one employee in the transport vehicle must carry a detailed | |
| 3589 | - | 110.20transportation manifest that includes the place and time of departure, the address of the | |
| 3590 | - | 110.21destination, and a description and count of the medical cannabis being transported. | |
| 3591 | - | 110.22 Subd. 2.Distribution to Tribal medical cannabis program patient.(a) A Tribal | |
| 3592 | - | 110.23medical cannabis manufacturer may distribute medical cannabis in accordance with section | |
| 3593 | - | 110.24342.49 to a Tribal medical cannabis program patient. | |
| 3594 | - | 110.25 (b) Prior to distribution, the Tribal medical cannabis program patient must provide to | |
| 3595 | - | 110.26the Tribal medical cannabis manufacturer: | |
| 3596 | - | 110.27 (1) a valid medical cannabis registration verification card or equivalent document issued | |
| 3597 | - | 110.28by a Tribal medical cannabis program that indicates that the Tribal medical cannabis program | |
| 3598 | - | 110.29patient is authorized to use medical cannabis on Indian lands over which the Tribe has | |
| 3599 | - | 110.30jurisdiction; and | |
| 3600 | - | 110.31 (2) a valid photographic identification card issued by the Tribal medical cannabis | |
| 3601 | - | 110.32program, a valid driver's license, or a valid state identification card. | |
| 3602 | - | 110Article 1 Sec. 52. | |
| 3603 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 111.1 (c) A manufacturer shall distribute medical cannabis to a Tribal medical cannabis program | |
| 3604 | - | 111.2patient only in a form allowed under section 342.51, subdivision 8. | |
| 3605 | - | 111.3 Subd. 3.Use of statewide monitoring system.A Tribal medical cannabis manufacturer | |
| 3606 | - | 111.4must use the statewide monitoring system for the tracking of the sale or distribution of | |
| 3607 | - | 111.5medical cannabis to Tribal medical cannabis program patients. Sale or distribution of medical | |
| 3608 | - | 111.6cannabis by a Tribal medical cannabis manufacturer must be recorded in the statewide | |
| 3609 | - | 111.7monitoring system within the time established by rule. | |
| 3610 | - | 111.8 Subd. 4.Limitations.All the limitations under section 342.55 apply to Tribal medical | |
| 3611 | - | 111.9cannabis program patients. | |
| 3612 | - | 111.10 Subd. 5.Protections for Tribal medical cannabis program participants.All the | |
| 3613 | - | 111.11protections under section 342.56 apply to Tribal medical cannabis program patients. | |
| 3614 | - | 111.12 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3615 | - | 111.13Sec. 53. [342.51] PATIENT REGISTRY PROGRAM. | |
| 3616 | - | 111.14 Subdivision 1.Administration.The Division of Medical Cannabis must administer the | |
| 3617 | - | 111.15medical cannabis registry program. | |
| 3618 | - | 111.16 Subd. 2.Application procedure for patients.(a) A patient seeking to enroll in the | |
| 3619 | - | 111.17registry program must submit to the Division of Medical Cannabis an application established | |
| 3620 | - | 111.18by the Division of Medical Cannabis and a copy of the certification specified in paragraph | |
| 3621 | - | 111.19(b) or, if the patient is a veteran who receives care from the United States Department of | |
| 3622 | - | 111.20Veterans Affairs, the information required pursuant to subdivision 3. The patient must | |
| 3623 | - | 111.21provide at least the following information in the application: | |
| 3624 | - | 111.22 (1) the patient's name, mailing address, and date of birth; | |
| 3625 | - | 111.23 (2) the name, mailing address, and telephone number of the patient's health care | |
| 3626 | - | 111.24practitioner; | |
| 3627 | - | 111.25 (3) the name, mailing address, and date of birth of the patient's registered designated | |
| 3628 | - | 111.26caregiver, if any, or the patient's parent, legal guardian, or spouse if the parent, legal guardian, | |
| 3629 | - | 111.27or spouse will be acting as the patient's caregiver; | |
| 3630 | - | 111.28 (4) a disclosure signed by the patient that includes: | |
| 3631 | - | 111.29 (i) a statement that, notwithstanding any law to the contrary, the Office of Cannabis | |
| 3632 | - | 111.30Management, the Division of Medical Cannabis, or an employee of the Office of Cannabis | |
| 3633 | - | 111.31Management or Division of Medical Cannabis may not be held civilly or criminally liable | |
| 3555 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 109.1accessed through a distinct entrance, and provides an appropriate space for a pharmacist | |
| 3556 | + | 109.2employee of the medical cannabis retailer to consult with the patient to determine the proper | |
| 3557 | + | 109.3type of medical cannabis flower and medical cannabinoid products and proper dosage for | |
| 3558 | + | 109.4the patient. | |
| 3559 | + | 109.5 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3560 | + | 109.6Sec. 52. [342.50] TRIBAL MEDICAL CANNABIS PROGRAM. | |
| 3561 | + | 109.7 Subdivision 1.Tribal medical cannabis program manufacturer transportation.(a) | |
| 3562 | + | 109.8A Tribal medical cannabis program manufacturer may transport medical cannabis to testing | |
| 3563 | + | 109.9laboratories in the state and to other Indian lands. | |
| 3564 | + | 109.10 (b) A Tribal medical cannabis program manufacturer must staff a motor vehicle used to | |
| 3565 | + | 109.11transport medical cannabis with at least two employees of the manufacturer. Each employee | |
| 3566 | + | 109.12in the transport vehicle must carry identification specifying that the employee is an employee | |
| 3567 | + | 109.13of the manufacturer, and one employee in the transport vehicle must carry a detailed | |
| 3568 | + | 109.14transportation manifest that includes the place and time of departure, the address of the | |
| 3569 | + | 109.15destination, and a description and count of the medical cannabis being transported. | |
| 3570 | + | 109.16 Subd. 2.Distribution to Tribal medical cannabis program patient.(a) A Tribal | |
| 3571 | + | 109.17medical cannabis manufacturer may distribute medical cannabis in accordance with section | |
| 3572 | + | 109.18342.49 to a Tribal medical cannabis program patient. | |
| 3573 | + | 109.19 (b) Prior to distribution, the Tribal medical cannabis program patient must provide to | |
| 3574 | + | 109.20the Tribal medical cannabis manufacturer: | |
| 3575 | + | 109.21 (1) a valid medical cannabis registration verification card or equivalent document issued | |
| 3576 | + | 109.22by a Tribal medical cannabis program that indicates that the Tribal medical cannabis program | |
| 3577 | + | 109.23patient is authorized to use medical cannabis on Indian lands over which the Tribe has | |
| 3578 | + | 109.24jurisdiction; and | |
| 3579 | + | 109.25 (2) a valid photographic identification card issued by the Tribal medical cannabis | |
| 3580 | + | 109.26program, a valid driver's license, or a valid state identification card. | |
| 3581 | + | 109.27 (c) A manufacturer shall distribute medical cannabis to a Tribal medical cannabis program | |
| 3582 | + | 109.28patient only in a form allowed under section 342.51, subdivision 8. | |
| 3583 | + | 109.29 Subd. 3.Use of statewide monitoring system.A Tribal medical cannabis manufacturer | |
| 3584 | + | 109.30must use the statewide monitoring system for the tracking of the sale or distribution of | |
| 3585 | + | 109.31medical cannabis to Tribal medical cannabis program patients. Sale or distribution of medical | |
| 3586 | + | 109Article 1 Sec. 52. | |
| 3587 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 110.1cannabis by a Tribal medical cannabis manufacturer must be recorded in the statewide | |
| 3588 | + | 110.2monitoring system within the time established by rule. | |
| 3589 | + | 110.3 Subd. 4.Limitations.All the limitations under section 342.55 apply to Tribal medical | |
| 3590 | + | 110.4cannabis program patients. | |
| 3591 | + | 110.5 Subd. 5.Protections for Tribal medical cannabis program participants.All the | |
| 3592 | + | 110.6protections under section 342.56 apply to Tribal medical cannabis program patients. | |
| 3593 | + | 110.7 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3594 | + | 110.8Sec. 53. [342.51] PATIENT REGISTRY PROGRAM. | |
| 3595 | + | 110.9 Subdivision 1.Administration.The Division of Medical Cannabis must administer the | |
| 3596 | + | 110.10medical cannabis registry program. | |
| 3597 | + | 110.11 Subd. 2.Application procedure for patients.(a) A patient seeking to enroll in the | |
| 3598 | + | 110.12registry program must submit to the Division of Medical Cannabis an application established | |
| 3599 | + | 110.13by the Division of Medical Cannabis and a copy of the certification specified in paragraph | |
| 3600 | + | 110.14(b) or, if the patient is a veteran who receives care from the United States Department of | |
| 3601 | + | 110.15Veterans Affairs, the information required pursuant to subdivision 3. The patient must | |
| 3602 | + | 110.16provide at least the following information in the application: | |
| 3603 | + | 110.17 (1) the patient's name, mailing address, and date of birth; | |
| 3604 | + | 110.18 (2) the name, mailing address, and telephone number of the patient's health care | |
| 3605 | + | 110.19practitioner; | |
| 3606 | + | 110.20 (3) the name, mailing address, and date of birth of the patient's registered designated | |
| 3607 | + | 110.21caregiver, if any, or the patient's parent, legal guardian, or spouse if the parent, legal guardian, | |
| 3608 | + | 110.22or spouse will be acting as the patient's caregiver; | |
| 3609 | + | 110.23 (4) a disclosure signed by the patient that includes: | |
| 3610 | + | 110.24 (i) a statement that, notwithstanding any law to the contrary, the Office of Cannabis | |
| 3611 | + | 110.25Management, the Division of Medical Cannabis, or an employee of the Office of Cannabis | |
| 3612 | + | 110.26Management or Division of Medical Cannabis may not be held civilly or criminally liable | |
| 3613 | + | 110.27for any injury, loss of property, personal injury, or death caused by an act or omission while | |
| 3614 | + | 110.28acting within the employee's scope of office or employment under this section; and | |
| 3615 | + | 110.29 (ii) the patient's acknowledgment that enrollment in the registry program is conditional | |
| 3616 | + | 110.30on the patient's agreement to meet all other requirements of this section; and | |
| 3617 | + | 110.31 (5) all other information required by the Division of Medical Cannabis. | |
| 3618 | + | 110Article 1 Sec. 53. | |
| 3619 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 111.1 (b) As part of the application under this subdivision, a patient must submit a copy of a | |
| 3620 | + | 111.2certification from the patient's health care practitioner that is dated within 90 days prior to | |
| 3621 | + | 111.3the submission of the application and that certifies that the patient has been diagnosed with | |
| 3622 | + | 111.4a qualifying medical condition. | |
| 3623 | + | 111.5 (c) A patient's health care practitioner may submit a statement to the Division of Medical | |
| 3624 | + | 111.6Cannabis declaring that the patient is no longer diagnosed with a qualifying medical | |
| 3625 | + | 111.7condition. Within 30 days after receipt of a statement from a patient's health care practitioner, | |
| 3626 | + | 111.8the Division of Medical Cannabis must provide written notice to a patient stating that the | |
| 3627 | + | 111.9patient's enrollment in the registry program will be revoked in 30 days unless the patient | |
| 3628 | + | 111.10submits a certification from a health care practitioner that the patient is currently diagnosed | |
| 3629 | + | 111.11with a qualifying medical condition or, if the patient is a veteran, the patient submits | |
| 3630 | + | 111.12confirmation that the patient is currently diagnosed with a qualifying medical condition in | |
| 3631 | + | 111.13a form and manner consistent with the information required for an application made pursuant | |
| 3632 | + | 111.14to subdivision 3. If the Division of Medical Cannabis revokes a patient's enrollment in the | |
| 3633 | + | 111.15registry program pursuant to this paragraph, the division must provide notice to the patient | |
| 3634 | + | 111.16and to the patient's health care practitioner. | |
| 3635 | + | 111.17 Subd. 3.Application procedure for veterans.(a) The Division of Medical Cannabis | |
| 3636 | + | 111.18shall establish an alternative certification procedure for veterans who receive care from the | |
| 3637 | + | 111.19United States Department of Veterans Affairs to confirm that the veteran has been diagnosed | |
| 3638 | + | 111.20with a qualifying medical condition. | |
| 3639 | + | 111.21 (b) A patient who is also a veteran and is seeking to enroll in the registry program must | |
| 3640 | + | 111.22submit to the Division of Medical Cannabis an application established by the Division of | |
| 3641 | + | 111.23Medical Cannabis that includes the information identified in subdivision 2, paragraph (a), | |
| 3642 | + | 111.24and the additional information required by the Division of Medical Cannabis to certify that | |
| 3643 | + | 111.25the patient has been diagnosed with a qualifying medical condition. | |
| 3644 | + | 111.26 Subd. 4.Enrollment; denial of enrollment; revocation.(a) Within 30 days after the | |
| 3645 | + | 111.27receipt of an application and certification or other documentation of a diagnosis with a | |
| 3646 | + | 111.28qualifying medical condition, the Division of Medical Cannabis must approve or deny a | |
| 3647 | + | 111.29patient's enrollment in the registry program. If the Division of Medical Cannabis approves | |
| 3648 | + | 111.30a patient's enrollment in the registry program, the office must provide notice to the patient | |
| 3649 | + | 111.31and to the patient's health care practitioner. | |
| 3650 | + | 111.32 (b) A patient's enrollment in the registry program must only be denied if the patient: | |
| 3634 | 3651 | 111Article 1 Sec. 53. | |
| 3635 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 112.1for any injury, loss of property, personal injury, or death caused by an act or omission while | |
| 3636 | - | 112.2acting within the employee's scope of office or employment under this section; and | |
| 3637 | - | 112.3 (ii) the patient's acknowledgment that enrollment in the registry program is conditional | |
| 3638 | - | 112.4on the patient's agreement to meet all other requirements of this section; and | |
| 3639 | - | 112.5 (5) all other information required by the Division of Medical Cannabis. | |
| 3640 | - | 112.6 (b) As part of the application under this subdivision, a patient must submit a copy of a | |
| 3641 | - | 112.7certification from the patient's health care practitioner that is dated within 90 days prior to | |
| 3642 | - | 112.8the submission of the application and that certifies that the patient has been diagnosed with | |
| 3643 | - | 112.9a qualifying medical condition. | |
| 3644 | - | 112.10 (c) A patient's health care practitioner may submit a statement to the Division of Medical | |
| 3645 | - | 112.11Cannabis declaring that the patient is no longer diagnosed with a qualifying medical | |
| 3646 | - | 112.12condition. Within 30 days after receipt of a statement from a patient's health care practitioner, | |
| 3647 | - | 112.13the Division of Medical Cannabis must provide written notice to a patient stating that the | |
| 3648 | - | 112.14patient's enrollment in the registry program will be revoked in 30 days unless the patient | |
| 3649 | - | 112.15submits a certification from a health care practitioner that the patient is currently diagnosed | |
| 3650 | - | 112.16with a qualifying medical condition or, if the patient is a veteran, the patient submits | |
| 3651 | - | 112.17confirmation that the patient is currently diagnosed with a qualifying medical condition in | |
| 3652 | - | 112.18a form and manner consistent with the information required for an application made pursuant | |
| 3653 | - | 112.19to subdivision 3. If the Division of Medical Cannabis revokes a patient's enrollment in the | |
| 3654 | - | 112.20registry program pursuant to this paragraph, the division must provide notice to the patient | |
| 3655 | - | 112.21and to the patient's health care practitioner. | |
| 3656 | - | 112.22 Subd. 3.Application procedure for veterans.(a) The Division of Medical Cannabis | |
| 3657 | - | 112.23shall establish an alternative certification procedure for veterans who receive care from the | |
| 3658 | - | 112.24United States Department of Veterans Affairs to confirm that the veteran has been diagnosed | |
| 3659 | - | 112.25with a qualifying medical condition. | |
| 3660 | - | 112.26 (b) A patient who is also a veteran and is seeking to enroll in the registry program must | |
| 3661 | - | 112.27submit to the Division of Medical Cannabis an application established by the Division of | |
| 3662 | - | 112.28Medical Cannabis that includes the information identified in subdivision 2, paragraph (a), | |
| 3663 | - | 112.29and the additional information required by the Division of Medical Cannabis to certify that | |
| 3664 | - | 112.30the patient has been diagnosed with a qualifying medical condition. | |
| 3665 | - | 112.31 Subd. 4.Enrollment; denial of enrollment; revocation.(a) Within 30 days after the | |
| 3666 | - | 112.32receipt of an application and certification or other documentation of a diagnosis with a | |
| 3667 | - | 112.33qualifying medical condition, the Division of Medical Cannabis must approve or deny a | |
| 3668 | - | 112.34patient's enrollment in the registry program. If the Division of Medical Cannabis approves | |
| 3652 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 112.1 (1) does not submit a certification from a health care practitioner or, if the patient is a | |
| 3653 | + | 112.2veteran, the documentation required under subdivision 3 that the patient has been diagnosed | |
| 3654 | + | 112.3with a qualifying medical condition; | |
| 3655 | + | 112.4 (2) has not signed the disclosure required in subdivision 2; | |
| 3656 | + | 112.5 (3) does not provide the information required by the Division of Medical Cannabis; | |
| 3657 | + | 112.6 (4) provided false information on the application; or | |
| 3658 | + | 112.7 (5) at the time of application, is also enrolled in a federally approved clinical trial for | |
| 3659 | + | 112.8the treatment of a qualifying medical condition with medical cannabis. | |
| 3660 | + | 112.9 (c) If the Division of Medical Cannabis denies a patient's enrollment in the registry | |
| 3661 | + | 112.10program, the Division of Medical Cannabis must provide written notice to a patient of all | |
| 3662 | + | 112.11reasons for denying enrollment. Denial of enrollment in the registry program is considered | |
| 3663 | + | 112.12a final decision of the office and is subject to judicial review under chapter 14. | |
| 3664 | + | 112.13 (d) A patient's enrollment in the registry program may be revoked only: | |
| 3665 | + | 112.14 (1) pursuant to subdivision 2, paragraph (c); | |
| 3666 | + | 112.15 (2) upon the death of the patient; | |
| 3667 | + | 112.16 (3) if the patient's certifying health care practitioner has filed a declaration under | |
| 3668 | + | 112.17subdivision 2, paragraph (c), that the patient's qualifying diagnosis no longer exists and the | |
| 3669 | + | 112.18patient does not submit another certification within 30 days; | |
| 3670 | + | 112.19 (4) if the patient does not comply with subdivision 6; or | |
| 3671 | + | 112.20 (5) if the patient intentionally sells or diverts medical cannabis flower or medical | |
| 3672 | + | 112.21cannabinoid products in violation of this chapter. | |
| 3673 | + | 112.22If a patient's enrollment in the registry program has been revoked due to a violation of | |
| 3674 | + | 112.23subdivision 6, the patient may apply for enrollment 12 months after the date on which the | |
| 3675 | + | 112.24patient's enrollment was revoked. The office must process such an application in accordance | |
| 3676 | + | 112.25with this subdivision. | |
| 3677 | + | 112.26 Subd. 5.Registry verification.When a patient is enrolled in the registry program, the | |
| 3678 | + | 112.27Division of Medical Cannabis must assign the patient a patient registry number and must | |
| 3679 | + | 112.28issue the patient and the patient's registered designated caregiver, parent, legal guardian, or | |
| 3680 | + | 112.29spouse, if applicable, a registry verification. The Division of Medical Cannabis must also | |
| 3681 | + | 112.30make the registry verification available to medical cannabis retailers. The registry verification | |
| 3682 | + | 112.31must include: | |
| 3669 | 3683 | 112Article 1 Sec. 53. | |
| 3670 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 113.1a patient's enrollment in the registry program, the office must provide notice to the patient | |
| 3671 | - | 113.2and to the patient's health care practitioner. | |
| 3672 | - | 113.3 (b) A patient's enrollment in the registry program must only be denied if the patient: | |
| 3673 | - | 113.4 (1) does not submit a certification from a health care practitioner or, if the patient is a | |
| 3674 | - | 113.5veteran, the documentation required under subdivision 3 that the patient has been diagnosed | |
| 3675 | - | 113.6with a qualifying medical condition; | |
| 3676 | - | 113.7 (2) has not signed the disclosure required in subdivision 2; | |
| 3677 | - | 113.8 (3) does not provide the information required by the Division of Medical Cannabis; | |
| 3678 | - | 113.9 (4) provided false information on the application; or | |
| 3679 | - | 113.10 (5) at the time of application, is also enrolled in a federally approved clinical trial for | |
| 3680 | - | 113.11the treatment of a qualifying medical condition with medical cannabis. | |
| 3681 | - | 113.12 (c) If the Division of Medical Cannabis denies a patient's enrollment in the registry | |
| 3682 | - | 113.13program, the Division of Medical Cannabis must provide written notice to a patient of all | |
| 3683 | - | 113.14reasons for denying enrollment. Denial of enrollment in the registry program is considered | |
| 3684 | - | 113.15a final decision of the office and is subject to judicial review under chapter 14. | |
| 3685 | - | 113.16 (d) A patient's enrollment in the registry program may be revoked only: | |
| 3686 | - | 113.17 (1) pursuant to subdivision 2, paragraph (c); | |
| 3687 | - | 113.18 (2) upon the death of the patient; | |
| 3688 | - | 113.19 (3) if the patient's certifying health care practitioner has filed a declaration under | |
| 3689 | - | 113.20subdivision 2, paragraph (c), that the patient's qualifying diagnosis no longer exists and the | |
| 3690 | - | 113.21patient does not submit another certification within 30 days; | |
| 3691 | - | 113.22 (4) if the patient does not comply with subdivision 6; or | |
| 3692 | - | 113.23 (5) if the patient intentionally sells or diverts medical cannabis flower or medical | |
| 3693 | - | 113.24cannabinoid products in violation of this chapter. | |
| 3694 | - | 113.25If a patient's enrollment in the registry program has been revoked due to a violation of | |
| 3695 | - | 113.26subdivision 6, the patient may apply for enrollment 12 months after the date on which the | |
| 3696 | - | 113.27patient's enrollment was revoked. The office must process such an application in accordance | |
| 3697 | - | 113.28with this subdivision. | |
| 3698 | - | 113.29 Subd. 5.Registry verification.When a patient is enrolled in the registry program, the | |
| 3699 | - | 113.30Division of Medical Cannabis must assign the patient a patient registry number and must | |
| 3700 | - | 113.31issue the patient and the patient's registered designated caregiver, parent, legal guardian, or | |
| 3684 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 113.1 (1) the patient's name and date of birth; | |
| 3685 | + | 113.2 (2) the patient registry number assigned to the patient; and | |
| 3686 | + | 113.3 (3) the name and date of birth of the patient's registered designated caregiver, if any, or | |
| 3687 | + | 113.4the name of the patient's parent, legal guardian, or spouse if the parent, legal guardian, or | |
| 3688 | + | 113.5spouse will act as a caregiver. | |
| 3689 | + | 113.6 Subd. 6.Conditions of continued enrollment.As conditions of continued enrollment, | |
| 3690 | + | 113.7a patient must: | |
| 3691 | + | 113.8 (1) continue to receive regularly scheduled treatment for the patient's qualifying medical | |
| 3692 | + | 113.9condition from the patient's health care practitioner; and | |
| 3693 | + | 113.10 (2) report changes in the patient's qualifying medical condition to the patient's health | |
| 3694 | + | 113.11care practitioner. | |
| 3695 | + | 113.12 Subd. 7.Enrollment period.Enrollment in the registry program is permanent. | |
| 3696 | + | 113.13 Subd. 8.Medical cannabis flower and medical cannabinoid products; allowable | |
| 3697 | + | 113.14delivery methods.Medical cannabis flower and medical cannabinoid products may be | |
| 3698 | + | 113.15delivered in the form of: | |
| 3699 | + | 113.16 (1) a liquid, including but not limited to oil; | |
| 3700 | + | 113.17 (2) a pill; | |
| 3701 | + | 113.18 (3) a vaporized delivery method with the use of liquid or oil; | |
| 3702 | + | 113.19 (4) a water-soluble cannabinoid multiparticulate, including granules, powder, and | |
| 3703 | + | 113.20sprinkles; | |
| 3704 | + | 113.21 (5) an orally dissolvable product, including lozenges, gum, mints, buccal tablets, and | |
| 3705 | + | 113.22sublingual tablets; | |
| 3706 | + | 113.23 (6) edible products in the form of gummies and chews; | |
| 3707 | + | 113.24 (7) a topical formulation; | |
| 3708 | + | 113.25 (8) combustion with the use of dried raw cannabis; or | |
| 3709 | + | 113.26 (9) any other method approved by the office. | |
| 3710 | + | 113.27 Subd. 9.Registered designated caregiver.(a) The Division of Medical Cannabis must | |
| 3711 | + | 113.28register a designated caregiver for a patient if the patient requires assistance in administering | |
| 3712 | + | 113.29medical cannabis flower or medical cannabinoid products or in obtaining medical cannabis | |
| 3701 | 3713 | 113Article 1 Sec. 53. | |
| 3702 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 114.1spouse, if applicable, a registry verification. The Division of Medical Cannabis must also | |
| 3703 | - | 114.2make the registry verification available to medical cannabis retailers. The registry verification | |
| 3704 | - | 114.3must include: | |
| 3705 | - | 114.4 (1) the patient's name and date of birth; | |
| 3706 | - | 114.5 (2) the patient registry number assigned to the patient; and | |
| 3707 | - | 114.6 (3) the name and date of birth of the patient's registered designated caregiver, if any, or | |
| 3708 | - | 114.7the name of the patient's parent, legal guardian, or spouse if the parent, legal guardian, or | |
| 3709 | - | 114.8spouse will act as a caregiver. | |
| 3710 | - | 114.9 Subd. 6.Conditions of continued enrollment.As conditions of continued enrollment, | |
| 3711 | - | 114.10a patient must: | |
| 3712 | - | 114.11 (1) continue to receive regularly scheduled treatment for the patient's qualifying medical | |
| 3713 | - | 114.12condition from the patient's health care practitioner; and | |
| 3714 | - | 114.13 (2) report changes in the patient's qualifying medical condition to the patient's health | |
| 3715 | - | 114.14care practitioner. | |
| 3716 | - | 114.15 Subd. 7.Enrollment period.Enrollment in the registry program is permanent. | |
| 3717 | - | 114.16 Subd. 8.Medical cannabis flower and medical cannabinoid products; allowable | |
| 3718 | - | 114.17delivery methods.Medical cannabis flower and medical cannabinoid products may be | |
| 3719 | - | 114.18delivered in the form of: | |
| 3720 | - | 114.19 (1) a liquid, including but not limited to oil; | |
| 3721 | - | 114.20 (2) a pill; | |
| 3722 | - | 114.21 (3) a vaporized delivery method with the use of liquid or oil; | |
| 3723 | - | 114.22 (4) a water-soluble cannabinoid multiparticulate, including granules, powder, and | |
| 3724 | - | 114.23sprinkles; | |
| 3725 | - | 114.24 (5) an orally dissolvable product, including lozenges, gum, mints, buccal tablets, and | |
| 3726 | - | 114.25sublingual tablets; | |
| 3727 | - | 114.26 (6) edible products in the form of gummies and chews; | |
| 3728 | - | 114.27 (7) a topical formulation; | |
| 3729 | - | 114.28 (8) combustion with the use of dried raw cannabis; or | |
| 3730 | - | 114.29 (9) any other method approved by the office. | |
| 3714 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 114.1flower, medical cannabinoid products, or medical cannabis paraphernalia from a medical | |
| 3715 | + | 114.2cannabis retailer. | |
| 3716 | + | 114.3 (b) In order to serve as a designated caregiver, a person must: | |
| 3717 | + | 114.4 (1) be at least 18 years of age; | |
| 3718 | + | 114.5 (2) agree to only possess the patient's medical cannabis flower and medical cannabinoid | |
| 3719 | + | 114.6products for purposes of assisting the patient; and | |
| 3720 | + | 114.7 (3) agree that if the application is approved, the person will not serve as a registered | |
| 3721 | + | 114.8designated caregiver for more than six registered patients at one time. Patients who reside | |
| 3722 | + | 114.9in the same residence count as one patient. | |
| 3723 | + | 114.10 (c) The office shall conduct a criminal background check on the designated caregiver | |
| 3724 | + | 114.11prior to registration to ensure that the person does not have a conviction for a disqualifying | |
| 3725 | + | 114.12felony offense. Any cost of the background check shall be paid by the person seeking | |
| 3726 | + | 114.13registration as a designated caregiver. A designated caregiver must have the criminal | |
| 3727 | + | 114.14background check renewed every two years. | |
| 3728 | + | 114.15 (d) Nothing in this section shall be construed to prevent a registered designated caregiver | |
| 3729 | + | 114.16from being enrolled in the registry program as a patient and possessing and administering | |
| 3730 | + | 114.17medical cannabis as a patient. | |
| 3731 | + | 114.18 Subd. 10.Parents, legal guardians, spouses.A parent, legal guardian, or spouse of a | |
| 3732 | + | 114.19patient may act as the caregiver for a patient. The parent, legal guardian, or spouse who is | |
| 3733 | + | 114.20acting as a caregiver must follow all requirements for parents, legal guardians, and spouses | |
| 3734 | + | 114.21under this chapter. Nothing in this section limits any legal authority that a parent, legal | |
| 3735 | + | 114.22guardian, or spouse may have for the patient under any other law. | |
| 3736 | + | 114.23 Subd. 11.Enrollment fee.(a) The Division of Cannabis Management must collect an | |
| 3737 | + | 114.24enrollment fee of $40 from a patient enrolled under this section. | |
| 3738 | + | 114.25 (b) Revenue collected under this subdivision shall deposit to a dedicated account in the | |
| 3739 | + | 114.26special revenue fund. The balance of the account shall be appropriated annually to the | |
| 3740 | + | 114.27administrator of the office for program operations. | |
| 3741 | + | 114.28 Subd. 12.Notice of change of name or address.Patients and registered designated | |
| 3742 | + | 114.29caregivers must notify the Division of Medical Cannabis of any address or name change | |
| 3743 | + | 114.30within 30 days of the change having occurred. A patient or registered designated caregiver | |
| 3744 | + | 114.31is subject to a $100 fine for failure to notify the office of the change. | |
| 3745 | + | 114.32 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3731 | 3746 | 114Article 1 Sec. 53. | |
| 3732 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 115.1 Subd. 9.Registered designated caregiver.(a) The Division of Medical Cannabis must | |
| 3733 | - | 115.2register a designated caregiver for a patient if the patient requires assistance in administering | |
| 3734 | - | 115.3medical cannabis flower or medical cannabinoid products or in obtaining medical cannabis | |
| 3735 | - | 115.4flower, medical cannabinoid products, or medical cannabis paraphernalia from a medical | |
| 3736 | - | 115.5cannabis retailer. | |
| 3737 | - | 115.6 (b) In order to serve as a designated caregiver, a person must: | |
| 3738 | - | 115.7 (1) be at least 18 years of age; | |
| 3739 | - | 115.8 (2) agree to only possess the patient's medical cannabis flower and medical cannabinoid | |
| 3740 | - | 115.9products for purposes of assisting the patient; and | |
| 3741 | - | 115.10 (3) agree that if the application is approved, the person will not serve as a registered | |
| 3742 | - | 115.11designated caregiver for more than six registered patients at one time. Patients who reside | |
| 3743 | - | 115.12in the same residence count as one patient. | |
| 3744 | - | 115.13 (c) The office shall conduct a criminal background check on the designated caregiver | |
| 3745 | - | 115.14prior to registration to ensure that the person does not have a conviction for a disqualifying | |
| 3746 | - | 115.15felony offense. Any cost of the background check shall be paid by the person seeking | |
| 3747 | - | 115.16registration as a designated caregiver. A designated caregiver must have the criminal | |
| 3748 | - | 115.17background check renewed every two years. | |
| 3749 | - | 115.18 (d) Nothing in this section shall be construed to prevent a registered designated caregiver | |
| 3750 | - | 115.19from being enrolled in the registry program as a patient and possessing and administering | |
| 3751 | - | 115.20medical cannabis as a patient. | |
| 3752 | - | 115.21 Subd. 10.Parents, legal guardians, spouses.A parent, legal guardian, or spouse of a | |
| 3753 | - | 115.22patient may act as the caregiver for a patient. The parent, legal guardian, or spouse who is | |
| 3754 | - | 115.23acting as a caregiver must follow all requirements for parents, legal guardians, and spouses | |
| 3755 | - | 115.24under this chapter. Nothing in this section limits any legal authority that a parent, legal | |
| 3756 | - | 115.25guardian, or spouse may have for the patient under any other law. | |
| 3757 | - | 115.26 Subd. 11.Enrollment fee.(a) The Division of Cannabis Management must collect an | |
| 3758 | - | 115.27enrollment fee of $40 from a patient enrolled under this section. | |
| 3759 | - | 115.28 (b) Revenue collected under this subdivision shall deposit to a dedicated account in the | |
| 3760 | - | 115.29special revenue fund. The balance of the account shall be appropriated annually to the | |
| 3761 | - | 115.30administrator of the office for program operations. | |
| 3762 | - | 115.31 Subd. 12.Notice of change of name or address.Patients and registered designated | |
| 3763 | - | 115.32caregivers must notify the Division of Medical Cannabis of any address or name change | |
| 3764 | - | 115Article 1 Sec. 53. | |
| 3765 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 116.1within 30 days of the change having occurred. A patient or registered designated caregiver | |
| 3766 | - | 116.2is subject to a $100 fine for failure to notify the office of the change. | |
| 3767 | - | 116.3 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3768 | - | 116.4Sec. 54. [342.52] DUTIES OF OFFICE OF CANNABIS MANAGEMENT; | |
| 3769 | - | 116.5REGISTRY PROGRAM. | |
| 3770 | - | 116.6 The office may add an allowable form of medical cannabinoid product, and may add or | |
| 3771 | - | 116.7modify a qualifying medical condition upon its own initiative, upon a petition from a member | |
| 3772 | - | 116.8of the public or from the Cannabis Advisory Council or as directed by law. The office must | |
| 3773 | - | 116.9evaluate all petitions and must make the addition or modification if the office determines | |
| 3774 | - | 116.10that the addition or modification is warranted by the best available evidence and research. | |
| 3775 | - | 116.11If the office wishes to add an allowable form or add or modify a qualifying medical condition, | |
| 3776 | - | 116.12the office must notify the chairs and ranking minority members of the legislative committees | |
| 3777 | - | 116.13and divisions with jurisdiction over health finance and policy by January 15 of the year in | |
| 3778 | - | 116.14which the change becomes effective. In this notification, the office must specify the proposed | |
| 3779 | - | 116.15addition or modification, the reasons for the addition or modification, any written comments | |
| 3780 | - | 116.16received by the office from the public about the addition or modification, and any guidance | |
| 3781 | - | 116.17received from the Cannabis Advisory Council. An addition or modification by the office | |
| 3782 | - | 116.18under this subdivision becomes effective on August 1 of that year unless the legislature by | |
| 3783 | - | 116.19law provides otherwise. | |
| 3784 | - | 116.20 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3785 | - | 116.21Sec. 55. [342.53] DUTIES OF DIVISION OF MEDICAL CANNABIS; REGISTRY | |
| 3786 | - | 116.22PROGRAM. | |
| 3787 | - | 116.23 Subdivision 1.Duties related to health care practitioners.The Division of Medical | |
| 3788 | - | 116.24Cannabis must: | |
| 3789 | - | 116.25 (1) provide notice of the registry program to health care practitioners in the state; | |
| 3790 | - | 116.26 (2) allow health care practitioners to participate in the registry program if they request | |
| 3791 | - | 116.27to participate and meet the program's requirements; | |
| 3792 | - | 116.28 (3) provide explanatory information and assistance to health care practitioners to | |
| 3793 | - | 116.29understand the nature of the therapeutic use of medical cannabis within program | |
| 3794 | - | 116.30requirements; | |
| 3795 | - | 116.31 (4) make available to participating health care practitioners a certification form in which | |
| 3796 | - | 116.32a health care practitioner certifies that a patient has a qualifying medical condition; and | |
| 3747 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 115.1Sec. 54. [342.52] DUTIES OF OFFICE OF CANNABIS MANAGEMENT; | |
| 3748 | + | 115.2REGISTRY PROGRAM. | |
| 3749 | + | 115.3 The office may add an allowable form of medical cannabinoid product, and may add or | |
| 3750 | + | 115.4modify a qualifying medical condition upon its own initiative, upon a petition from a member | |
| 3751 | + | 115.5of the public or from the Cannabis Advisory Council or as directed by law. The office must | |
| 3752 | + | 115.6evaluate all petitions and must make the addition or modification if the office determines | |
| 3753 | + | 115.7that the addition or modification is warranted by the best available evidence and research. | |
| 3754 | + | 115.8If the office wishes to add an allowable form or add or modify a qualifying medical condition, | |
| 3755 | + | 115.9the office must notify the chairs and ranking minority members of the legislative committees | |
| 3756 | + | 115.10and divisions with jurisdiction over health finance and policy by January 15 of the year in | |
| 3757 | + | 115.11which the change becomes effective. In this notification, the office must specify the proposed | |
| 3758 | + | 115.12addition or modification, the reasons for the addition or modification, any written comments | |
| 3759 | + | 115.13received by the office from the public about the addition or modification, and any guidance | |
| 3760 | + | 115.14received from the Cannabis Advisory Council. An addition or modification by the office | |
| 3761 | + | 115.15under this subdivision becomes effective on August 1 of that year unless the legislature by | |
| 3762 | + | 115.16law provides otherwise. | |
| 3763 | + | 115.17 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3764 | + | 115.18Sec. 55. [342.53] DUTIES OF DIVISION OF MEDICAL CANNABIS; REGISTRY | |
| 3765 | + | 115.19PROGRAM. | |
| 3766 | + | 115.20 Subdivision 1.Duties related to health care practitioners.The Division of Medical | |
| 3767 | + | 115.21Cannabis must: | |
| 3768 | + | 115.22 (1) provide notice of the registry program to health care practitioners in the state; | |
| 3769 | + | 115.23 (2) allow health care practitioners to participate in the registry program if they request | |
| 3770 | + | 115.24to participate and meet the program's requirements; | |
| 3771 | + | 115.25 (3) provide explanatory information and assistance to health care practitioners to | |
| 3772 | + | 115.26understand the nature of the therapeutic use of medical cannabis within program | |
| 3773 | + | 115.27requirements; | |
| 3774 | + | 115.28 (4) make available to participating health care practitioners a certification form in which | |
| 3775 | + | 115.29a health care practitioner certifies that a patient has a qualifying medical condition; and | |
| 3776 | + | 115.30 (5) supervise the participation of health care practitioners in the registry reporting system | |
| 3777 | + | 115.31in which health care practitioners report patient treatment and health records information | |
| 3778 | + | 115.32to the office in a manner that ensures stringent security and record keeping requirements | |
| 3779 | + | 115Article 1 Sec. 55. | |
| 3780 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 116.1and that prevents the unauthorized release of private data on individuals as defined in section | |
| 3781 | + | 116.213.02. | |
| 3782 | + | 116.3 Subd. 2.Duties related to the registry program.The Division of Medical Cannabis | |
| 3783 | + | 116.4must: | |
| 3784 | + | 116.5 (1) administer the registry program according to section 342.51; | |
| 3785 | + | 116.6 (2) provide information to patients enrolled in the registry program on the existence of | |
| 3786 | + | 116.7federally approved clinical trials for the treatment of the patient's qualifying medical condition | |
| 3787 | + | 116.8with medical cannabis flower or medical cannabinoid products as an alternative to enrollment | |
| 3788 | + | 116.9in the registry program; | |
| 3789 | + | 116.10 (3) maintain safety criteria with which patients must comply as a condition of participation | |
| 3790 | + | 116.11in the registry program to prevent patients from undertaking any task under the influence | |
| 3791 | + | 116.12of medical cannabis flower or medical cannabinoid products that would constitute negligence | |
| 3792 | + | 116.13or professional malpractice; | |
| 3793 | + | 116.14 (4) review and publicly report on existing medical and scientific literature regarding the | |
| 3794 | + | 116.15range of recommended dosages for each qualifying medical condition, the range of chemical | |
| 3795 | + | 116.16compositions of medical cannabis flower and medical cannabinoid products that will likely | |
| 3796 | + | 116.17be medically beneficial for each qualifying medical condition, and any risks of noncannabis | |
| 3797 | + | 116.18drug interactions. This information must be updated by December 1 of each year. The office | |
| 3798 | + | 116.19may consult with an independent laboratory under contract with the office or other experts | |
| 3799 | + | 116.20in reporting and updating this information; and | |
| 3800 | + | 116.21 (5) annually consult with cannabis businesses about medical cannabis that the businesses | |
| 3801 | + | 116.22cultivate, manufacture, and offer for sale and post on the Division of Medical Cannabis | |
| 3802 | + | 116.23website a list of the medical cannabis flower and medical cannabinoid products offered for | |
| 3803 | + | 116.24sale by each medical cannabis retailer. | |
| 3804 | + | 116.25 Subd. 3.Research.(a) The Division of Medical Cannabis must conduct or contract with | |
| 3805 | + | 116.26a third party to conduct research and studies using data from health records submitted to | |
| 3806 | + | 116.27the registry program under section 342.54, subdivision 2, and data submitted to the registry | |
| 3807 | + | 116.28program under section 342.51, subdivisions 2 and 3. If the division contracts with a third | |
| 3808 | + | 116.29party for research and studies, the third party must provide the division with access to all | |
| 3809 | + | 116.30research and study results. The division must submit reports on intermediate or final research | |
| 3810 | + | 116.31results to the legislature and major scientific journals. All data used by the division or a | |
| 3811 | + | 116.32third party under this subdivision must be used or reported in an aggregated nonidentifiable | |
| 3812 | + | 116.33form as part of a scientific peer-reviewed publication of research or in the creation of | |
| 3813 | + | 116.34summary data, as defined in section 13.02, subdivision 19. | |
| 3797 | 3814 | 116Article 1 Sec. 55. | |
| 3798 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 117.1 (5) supervise the participation of health care practitioners in the registry reporting system | |
| 3799 | - | 117.2in which health care practitioners report patient treatment and health records information | |
| 3800 | - | 117.3to the office in a manner that ensures stringent security and record keeping requirements | |
| 3801 | - | 117.4and that prevents the unauthorized release of private data on individuals as defined in section | |
| 3802 | - | 117.513.02. | |
| 3803 | - | 117.6 Subd. 2.Duties related to the registry program.The Division of Medical Cannabis | |
| 3804 | - | 117.7must: | |
| 3805 | - | 117.8 (1) administer the registry program according to section 342.51; | |
| 3806 | - | 117.9 (2) provide information to patients enrolled in the registry program on the existence of | |
| 3807 | - | 117.10federally approved clinical trials for the treatment of the patient's qualifying medical condition | |
| 3808 | - | 117.11with medical cannabis flower or medical cannabinoid products as an alternative to enrollment | |
| 3809 | - | 117.12in the registry program; | |
| 3810 | - | 117.13 (3) maintain safety criteria with which patients must comply as a condition of participation | |
| 3811 | - | 117.14in the registry program to prevent patients from undertaking any task under the influence | |
| 3812 | - | 117.15of medical cannabis flower or medical cannabinoid products that would constitute negligence | |
| 3813 | - | 117.16or professional malpractice; | |
| 3814 | - | 117.17 (4) review and publicly report on existing medical and scientific literature regarding the | |
| 3815 | - | 117.18range of recommended dosages for each qualifying medical condition, the range of chemical | |
| 3816 | - | 117.19compositions of medical cannabis flower and medical cannabinoid products that will likely | |
| 3817 | - | 117.20be medically beneficial for each qualifying medical condition, and any risks of noncannabis | |
| 3818 | - | 117.21drug interactions. This information must be updated by December 1 of each year. The office | |
| 3819 | - | 117.22may consult with an independent laboratory under contract with the office or other experts | |
| 3820 | - | 117.23in reporting and updating this information; and | |
| 3821 | - | 117.24 (5) annually consult with cannabis businesses about medical cannabis that the businesses | |
| 3822 | - | 117.25cultivate, manufacture, and offer for sale and post on the Division of Medical Cannabis | |
| 3823 | - | 117.26website a list of the medical cannabis flower and medical cannabinoid products offered for | |
| 3824 | - | 117.27sale by each medical cannabis retailer. | |
| 3825 | - | 117.28 Subd. 3.Research.(a) The Division of Medical Cannabis must conduct or contract with | |
| 3826 | - | 117.29a third party to conduct research and studies using data from health records submitted to | |
| 3827 | - | 117.30the registry program under section 342.54, subdivision 2, and data submitted to the registry | |
| 3828 | - | 117.31program under section 342.51, subdivisions 2 and 3. If the division contracts with a third | |
| 3829 | - | 117.32party for research and studies, the third party must provide the division with access to all | |
| 3830 | - | 117.33research and study results. The division must submit reports on intermediate or final research | |
| 3831 | - | 117.34results to the legislature and major scientific journals. All data used by the division or a | |
| 3832 | - | 117Article 1 Sec. 55. | |
| 3833 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 118.1third party under this subdivision must be used or reported in an aggregated nonidentifiable | |
| 3834 | - | 118.2form as part of a scientific peer-reviewed publication of research or in the creation of | |
| 3835 | - | 118.3summary data, as defined in section 13.02, subdivision 19. | |
| 3836 | - | 118.4 (b) The Division of Medical Cannabis may submit medical research based on the data | |
| 3837 | - | 118.5collected under sections 342.54, subdivision 2, and data collected through the statewide | |
| 3838 | - | 118.6monitoring system to any federal agency with regulatory or enforcement authority over | |
| 3839 | - | 118.7medical cannabis to demonstrate the effectiveness of medical cannabis flower or medical | |
| 3840 | - | 118.8cannabinoid products for treating or alleviating the symptoms of a qualifying medical | |
| 3841 | - | 118.9condition. | |
| 3842 | - | 118.10 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3843 | - | 118.11Sec. 56. [342.54] DUTIES OF HEALTH CARE PRACTITIONERS; REGISTRY | |
| 3844 | - | 118.12PROGRAM. | |
| 3845 | - | 118.13 Subdivision 1.Health care practitioner duties before patient enrollment.Before a | |
| 3846 | - | 118.14patient's enrollment in the registry program, a health care practitioner must: | |
| 3847 | - | 118.15 (1) determine, in the health care practitioner's medical judgment, whether a patient has | |
| 3848 | - | 118.16a qualifying medical condition and, if so determined, provide the patient with a certification | |
| 3849 | - | 118.17of that diagnosis; | |
| 3850 | - | 118.18 (2) advise patients, registered designated caregivers, and parents, legal guardians, and | |
| 3851 | - | 118.19spouses acting as caregivers of any nonprofit patient support groups or organizations; | |
| 3852 | - | 118.20 (3) provide to patients explanatory information from the Division of Medical Cannabis, | |
| 3853 | - | 118.21including information about the experimental nature of the therapeutic use of medical | |
| 3854 | - | 118.22cannabis flower and medical cannabinoid products; the possible risks, benefits, and side | |
| 3855 | - | 118.23effects of the proposed treatment; and the application and other materials from the office; | |
| 3856 | - | 118.24 (4) provide to patients a Tennessen warning as required under section 13.04, subdivision | |
| 3857 | - | 118.252; and | |
| 3858 | - | 118.26 (5) agree to continue treatment of the patient's qualifying medical condition and to report | |
| 3859 | - | 118.27findings to the Division of Medical Cannabis. | |
| 3860 | - | 118.28 Subd. 2.Duties upon patient's enrollment in registry program.Upon receiving | |
| 3861 | - | 118.29notification from the Division of Medical Cannabis of the patient's enrollment in the registry | |
| 3862 | - | 118.30program, a health care practitioner must: | |
| 3863 | - | 118.31 (1) participate in the patient registry reporting system under the guidance and supervision | |
| 3864 | - | 118.32of the Division of Medical Cannabis; | |
| 3865 | - | 118Article 1 Sec. 56. | |
| 3866 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 119.1 (2) report to the Division of Medical Cannabis patient health records throughout the | |
| 3867 | - | 119.2patient's ongoing treatment in a manner determined by the office and in accordance with | |
| 3868 | - | 119.3subdivision 4; | |
| 3869 | - | 119.4 (3) determine on a yearly basis if the patient continues to have a qualifying medical | |
| 3870 | - | 119.5condition and, if so, issue the patient a new certification of that diagnosis. The patient | |
| 3871 | - | 119.6assessment conducted under this clause may be conducted via telehealth, as defined in | |
| 3872 | - | 119.7section 62A.673, subdivision 2; and | |
| 3873 | - | 119.8 (4) otherwise comply with requirements established by the Office of Cannabis | |
| 3874 | - | 119.9Management and the Division of Medical Cannabis. | |
| 3875 | - | 119.10 Subd. 3.Participation not required.Nothing in this section requires a health care | |
| 3876 | - | 119.11practitioner to participate in the registry program. | |
| 3877 | - | 119.12 Subd. 4.Data.Data on patients collected by a health care practitioner and reported to | |
| 3878 | - | 119.13the registry program, including data on patients who are veterans who receive care from | |
| 3879 | - | 119.14the United States Department of Veterans Affairs, are health records under section 144.291 | |
| 3880 | - | 119.15and are private data on individuals under section 13.02 but may be used or reported in an | |
| 3881 | - | 119.16aggregated nonidentifiable form as part of a scientific peer-reviewed publication of research | |
| 3882 | - | 119.17conducted under section 342.53 or in the creation of summary data, as defined in section | |
| 3883 | - | 119.1813.02, subdivision 19. | |
| 3884 | - | 119.19 Subd. 5.Exception.The requirements of this section do not apply to a patient who is a | |
| 3885 | - | 119.20veteran who receives care from the United States Department of Veterans Affairs or a health | |
| 3886 | - | 119.21care practitioner employed by the United States Department of Veterans Affairs. Such a | |
| 3887 | - | 119.22patient must meet the certification requirements developed pursuant to section 342.51, | |
| 3888 | - | 119.23subdivision 3, before the patient's enrollment in the registry program. The Division of | |
| 3889 | - | 119.24Medical Cannabis may establish policies and procedures to obtain medical records and other | |
| 3890 | - | 119.25relevant data from a health care practitioner employed by the United States Department of | |
| 3891 | - | 119.26Veterans Affairs, provided that those policies and procedures are consistent with this section. | |
| 3892 | - | 119.27 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3893 | - | 119.28Sec. 57. [342.55] LIMITATIONS. | |
| 3894 | - | 119.29 Subdivision 1.Limitations on consumption; locations of consumption.Nothing in | |
| 3895 | - | 119.30sections 342.47 to 342.59 permits any person to engage in, and does not prevent the | |
| 3896 | - | 119.31imposition of any civil, criminal, or other penalties for: | |
| 3897 | - | 119.32 (1) undertaking a task under the influence of medical cannabis that would constitute | |
| 3898 | - | 119.33negligence or professional malpractice; | |
| 3815 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 117.1 (b) The Division of Medical Cannabis may submit medical research based on the data | |
| 3816 | + | 117.2collected under sections 342.54, subdivision 2, and data collected through the statewide | |
| 3817 | + | 117.3monitoring system to any federal agency with regulatory or enforcement authority over | |
| 3818 | + | 117.4medical cannabis to demonstrate the effectiveness of medical cannabis flower or medical | |
| 3819 | + | 117.5cannabinoid products for treating or alleviating the symptoms of a qualifying medical | |
| 3820 | + | 117.6condition. | |
| 3821 | + | 117.7 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3822 | + | 117.8Sec. 56. [342.54] DUTIES OF HEALTH CARE PRACTITIONERS; REGISTRY | |
| 3823 | + | 117.9PROGRAM. | |
| 3824 | + | 117.10 Subdivision 1.Health care practitioner duties before patient enrollment.Before a | |
| 3825 | + | 117.11patient's enrollment in the registry program, a health care practitioner must: | |
| 3826 | + | 117.12 (1) determine, in the health care practitioner's medical judgment, whether a patient has | |
| 3827 | + | 117.13a qualifying medical condition and, if so determined, provide the patient with a certification | |
| 3828 | + | 117.14of that diagnosis; | |
| 3829 | + | 117.15 (2) advise patients, registered designated caregivers, and parents, legal guardians, and | |
| 3830 | + | 117.16spouses acting as caregivers of any nonprofit patient support groups or organizations; | |
| 3831 | + | 117.17 (3) provide to patients explanatory information from the Division of Medical Cannabis, | |
| 3832 | + | 117.18including information about the experimental nature of the therapeutic use of medical | |
| 3833 | + | 117.19cannabis flower and medical cannabinoid products; the possible risks, benefits, and side | |
| 3834 | + | 117.20effects of the proposed treatment; and the application and other materials from the office; | |
| 3835 | + | 117.21 (4) provide to patients a Tennessen warning as required under section 13.04, subdivision | |
| 3836 | + | 117.222; and | |
| 3837 | + | 117.23 (5) agree to continue treatment of the patient's qualifying medical condition and to report | |
| 3838 | + | 117.24findings to the Division of Medical Cannabis. | |
| 3839 | + | 117.25 Subd. 2.Duties upon patient's enrollment in registry program.Upon receiving | |
| 3840 | + | 117.26notification from the Division of Medical Cannabis of the patient's enrollment in the registry | |
| 3841 | + | 117.27program, a health care practitioner must: | |
| 3842 | + | 117.28 (1) participate in the patient registry reporting system under the guidance and supervision | |
| 3843 | + | 117.29of the Division of Medical Cannabis; | |
| 3844 | + | 117.30 (2) report to the Division of Medical Cannabis patient health records throughout the | |
| 3845 | + | 117.31patient's ongoing treatment in a manner determined by the office and in accordance with | |
| 3846 | + | 117.32subdivision 4; | |
| 3847 | + | 117Article 1 Sec. 56. | |
| 3848 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 118.1 (3) determine on a yearly basis if the patient continues to have a qualifying medical | |
| 3849 | + | 118.2condition and, if so, issue the patient a new certification of that diagnosis. The patient | |
| 3850 | + | 118.3assessment conducted under this clause may be conducted via telehealth, as defined in | |
| 3851 | + | 118.4section 62A.673, subdivision 2; and | |
| 3852 | + | 118.5 (4) otherwise comply with requirements established by the Office of Cannabis | |
| 3853 | + | 118.6Management and the Division of Medical Cannabis. | |
| 3854 | + | 118.7 Subd. 3.Participation not required.Nothing in this section requires a health care | |
| 3855 | + | 118.8practitioner to participate in the registry program. | |
| 3856 | + | 118.9 Subd. 4.Data.Data on patients collected by a health care practitioner and reported to | |
| 3857 | + | 118.10the registry program, including data on patients who are veterans who receive care from | |
| 3858 | + | 118.11the United States Department of Veterans Affairs, are health records under section 144.291 | |
| 3859 | + | 118.12and are private data on individuals under section 13.02 but may be used or reported in an | |
| 3860 | + | 118.13aggregated nonidentifiable form as part of a scientific peer-reviewed publication of research | |
| 3861 | + | 118.14conducted under section 342.53 or in the creation of summary data, as defined in section | |
| 3862 | + | 118.1513.02, subdivision 19. | |
| 3863 | + | 118.16 Subd. 5.Exception.The requirements of this section do not apply to a patient who is a | |
| 3864 | + | 118.17veteran who receives care from the United States Department of Veterans Affairs or a health | |
| 3865 | + | 118.18care practitioner employed by the United States Department of Veterans Affairs. Such a | |
| 3866 | + | 118.19patient must meet the certification requirements developed pursuant to section 342.51, | |
| 3867 | + | 118.20subdivision 3, before the patient's enrollment in the registry program. The Division of | |
| 3868 | + | 118.21Medical Cannabis may establish policies and procedures to obtain medical records and other | |
| 3869 | + | 118.22relevant data from a health care practitioner employed by the United States Department of | |
| 3870 | + | 118.23Veterans Affairs, provided that those policies and procedures are consistent with this section. | |
| 3871 | + | 118.24 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3872 | + | 118.25Sec. 57. [342.55] LIMITATIONS. | |
| 3873 | + | 118.26 Subdivision 1.Limitations on consumption; locations of consumption.Nothing in | |
| 3874 | + | 118.27sections 342.47 to 342.59 permits any person to engage in, and does not prevent the | |
| 3875 | + | 118.28imposition of any civil, criminal, or other penalties for: | |
| 3876 | + | 118.29 (1) undertaking a task under the influence of medical cannabis that would constitute | |
| 3877 | + | 118.30negligence or professional malpractice; | |
| 3878 | + | 118.31 (2) possessing or consuming medical cannabis: | |
| 3879 | + | 118.32 (i) on a school bus or van; or | |
| 3880 | + | 118Article 1 Sec. 57. | |
| 3881 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 119.1 (ii) in a correctional facility; | |
| 3882 | + | 119.2 (3) vaporizing or smoking medical cannabis: | |
| 3883 | + | 119.3 (i) on any form of public transportation; | |
| 3884 | + | 119.4 (ii) where the vapor would be inhaled by a nonpatient minor or where the smoke would | |
| 3885 | + | 119.5be inhaled by a minor; or | |
| 3886 | + | 119.6 (iii) in any public place, including any indoor or outdoor area used by or open to the | |
| 3887 | + | 119.7general public or a place of employment, as defined in section 144.413, subdivision 1b; and | |
| 3888 | + | 119.8 (4) operating, navigating, or being in actual physical control of a motor vehicle, aircraft, | |
| 3889 | + | 119.9train, or motorboat or working on transportation property, equipment, or facilities while | |
| 3890 | + | 119.10under the influence of medical cannabis or a medical cannabis product. | |
| 3891 | + | 119.11 Subd. 2.Health care facilities.(a) Health care facilities licensed under chapter 144A; | |
| 3892 | + | 119.12hospice providers licensed under chapter 144A; boarding care homes or supervised living | |
| 3893 | + | 119.13facilities licensed under section 144.50; assisted living facilities under chapter 144G; facilities | |
| 3894 | + | 119.14owned, controlled, managed, or under common control with hospitals licensed under chapter | |
| 3895 | + | 119.15144; and other health care facilities licensed by the commissioner of health or the | |
| 3896 | + | 119.16commissioner of human services may adopt reasonable restrictions on the use of medical | |
| 3897 | + | 119.17cannabis flower or medical cannabinoid products by a patient enrolled in the registry program | |
| 3898 | + | 119.18who resides at or is actively receiving treatment or care at the facility. The restrictions may | |
| 3899 | + | 119.19include a provision that the facility must not store or maintain a patient's supply of medical | |
| 3900 | + | 119.20cannabis flower or medical cannabinoid products on behalf of the patient; that a patient | |
| 3901 | + | 119.21store the patient's supply of medical cannabis flower or medicinal cannabinoid products in | |
| 3902 | + | 119.22a locked container accessible only to the patient, the patient's designated caregiver, or the | |
| 3903 | + | 119.23patient's parent, legal guardian, or spouse; that the facility is not responsible for providing | |
| 3904 | + | 119.24medical cannabis for patients; and that medical cannabis flower or medical cannabinoid | |
| 3905 | + | 119.25products are used only in a location specified by the facility or provider. Nothing in this | |
| 3906 | + | 119.26subdivision requires facilities and providers listed in this subdivision to adopt such | |
| 3907 | + | 119.27restrictions. | |
| 3908 | + | 119.28 (b) No facility or provider listed in this subdivision may unreasonably limit a patient's | |
| 3909 | + | 119.29access to or use of medical cannabis flower or medical cannabinoid products to the extent | |
| 3910 | + | 119.30that such use is authorized under sections 342.47 to 342.59. No facility or provider listed | |
| 3911 | + | 119.31in this subdivision may prohibit a patient access to or use of medical cannabis flower or | |
| 3912 | + | 119.32medical cannabinoid products due solely to the fact that cannabis is a Schedule I drug | |
| 3913 | + | 119.33pursuant to the federal Uniform Controlled Substances Act. If a federal regulatory agency, | |
| 3914 | + | 119.34the United States Department of Justice, or the federal Centers for Medicare and Medicaid | |
| 3899 | 3915 | 119Article 1 Sec. 57. | |
| 3900 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 120.1 (2) possessing or consuming medical cannabis: | |
| 3901 | - | 120.2 (i) on a school bus or van; or | |
| 3902 | - | 120.3 (ii) in a correctional facility; | |
| 3903 | - | 120.4 (3) vaporizing or smoking medical cannabis: | |
| 3904 | - | 120.5 (i) on any form of public transportation; | |
| 3905 | - | 120.6 (ii) where the vapor would be inhaled by a nonpatient minor or where the smoke would | |
| 3906 | - | 120.7be inhaled by a minor; or | |
| 3907 | - | 120.8 (iii) in any public place, including any indoor or outdoor area used by or open to the | |
| 3908 | - | 120.9general public or a place of employment, as defined in section 144.413, subdivision 1b; and | |
| 3909 | - | 120.10 (4) operating, navigating, or being in actual physical control of a motor vehicle, aircraft, | |
| 3910 | - | 120.11train, or motorboat or working on transportation property, equipment, or facilities while | |
| 3911 | - | 120.12under the influence of medical cannabis or a medical cannabis product. | |
| 3912 | - | 120.13 Subd. 2.Health care facilities.(a) Health care facilities licensed under chapter 144A; | |
| 3913 | - | 120.14hospice providers licensed under chapter 144A; boarding care homes or supervised living | |
| 3914 | - | 120.15facilities licensed under section 144.50; assisted living facilities under chapter 144G; facilities | |
| 3915 | - | 120.16owned, controlled, managed, or under common control with hospitals licensed under chapter | |
| 3916 | - | 120.17144; and other health care facilities licensed by the commissioner of health or the | |
| 3917 | - | 120.18commissioner of human services may adopt reasonable restrictions on the use of medical | |
| 3918 | - | 120.19cannabis flower or medical cannabinoid products by a patient enrolled in the registry program | |
| 3919 | - | 120.20who resides at or is actively receiving treatment or care at the facility. The restrictions may | |
| 3920 | - | 120.21include a provision that the facility must not store or maintain a patient's supply of medical | |
| 3921 | - | 120.22cannabis flower or medical cannabinoid products on behalf of the patient; that a patient | |
| 3922 | - | 120.23store the patient's supply of medical cannabis flower or medicinal cannabinoid products in | |
| 3923 | - | 120.24a locked container accessible only to the patient, the patient's designated caregiver, or the | |
| 3924 | - | 120.25patient's parent, legal guardian, or spouse; that the facility is not responsible for providing | |
| 3925 | - | 120.26medical cannabis for patients; and that medical cannabis flower or medical cannabinoid | |
| 3926 | - | 120.27products are used only in a location specified by the facility or provider. Nothing in this | |
| 3927 | - | 120.28subdivision requires facilities and providers listed in this subdivision to adopt such | |
| 3928 | - | 120.29restrictions. | |
| 3929 | - | 120.30 (b) No facility or provider listed in this subdivision may unreasonably limit a patient's | |
| 3930 | - | 120.31access to or use of medical cannabis flower or medical cannabinoid products to the extent | |
| 3931 | - | 120.32that such use is authorized under sections 342.47 to 342.59. No facility or provider listed | |
| 3932 | - | 120.33in this subdivision may prohibit a patient access to or use of medical cannabis flower or | |
| 3933 | - | 120Article 1 Sec. 57. | |
| 3934 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 121.1medical cannabinoid products due solely to the fact that cannabis is a Schedule I drug | |
| 3935 | - | 121.2pursuant to the federal Uniform Controlled Substances Act. If a federal regulatory agency, | |
| 3936 | - | 121.3the United States Department of Justice, or the federal Centers for Medicare and Medicaid | |
| 3937 | - | 121.4Services takes one of the following actions, a facility or provider may suspend compliance | |
| 3938 | - | 121.5with this paragraph until the regulatory agency, the United States Department of Justice, or | |
| 3939 | - | 121.6the federal Centers for Medicare and Medicaid Services notifies the facility or provider that | |
| 3940 | - | 121.7it may resume permitting the use of medical cannabis flower or medical cannabinoid products | |
| 3941 | - | 121.8within the facility or in the provider's service setting: | |
| 3942 | - | 121.9 (1) a federal regulatory agency or the United States Department of Justice initiates | |
| 3943 | - | 121.10enforcement action against a facility or provider related to the facility's compliance with | |
| 3944 | - | 121.11the medical cannabis program; or | |
| 3945 | - | 121.12 (2) a federal regulatory agency, the United States Department of Justice, or the federal | |
| 3946 | - | 121.13Centers for Medicare and Medicaid Services issues a rule or otherwise provides notification | |
| 3947 | - | 121.14to the facility or provider that expressly prohibits the use of medical cannabis in health care | |
| 3948 | - | 121.15facilities or otherwise prohibits compliance with the medical cannabis program. | |
| 3949 | - | 121.16 (c) An employee or agent of a facility or provider listed in this subdivision or a person | |
| 3950 | - | 121.17licensed under chapter 144E is not violating this chapter or chapter 152 for the possession | |
| 3951 | - | 121.18of medical cannabis flower or medical cannabinoid products while carrying out employment | |
| 3952 | - | 121.19duties, including providing or supervising care to a patient enrolled in the registry program, | |
| 3953 | - | 121.20or distribution of medical cannabis flower or medical cannabinoid products to a patient | |
| 3954 | - | 121.21enrolled in the registry program who resides at or is actively receiving treatment or care at | |
| 3955 | - | 121.22the facility or from the provider with which the employee or agent is affiliated. | |
| 3956 | - | 121.23 Subd. 3.Child care facilities.A proprietor of a family or group family day care program | |
| 3957 | - | 121.24must disclose to parents or guardians of children cared for on the premises of the family or | |
| 3958 | - | 121.25group family day care program, if the proprietor permits the smoking or use of medical | |
| 3959 | - | 121.26cannabis on the premises, outside of its hours of operation. Disclosure must include posting | |
| 3960 | - | 121.27on the premises a conspicuous written notice and orally informing parents or guardians. | |
| 3961 | - | 121.28 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3962 | - | 121.29Sec. 58. [342.56] PROTECTIONS FOR REGISTRY PROGRAM PARTICIPANTS. | |
| 3963 | - | 121.30 Subdivision 1.Presumption.There is a presumption that a patient enrolled in the registry | |
| 3964 | - | 121.31program is engaged in the authorized use of medical cannabis flower and medical cannabinoid | |
| 3965 | - | 121.32products. This presumption may be rebutted by evidence that the patient's use of medical | |
| 3966 | - | 121.33cannabis flower or medical cannabinoid products was not for the purpose of treating or | |
| 3916 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 120.1Services takes one of the following actions, a facility or provider may suspend compliance | |
| 3917 | + | 120.2with this paragraph until the regulatory agency, the United States Department of Justice, or | |
| 3918 | + | 120.3the federal Centers for Medicare and Medicaid Services notifies the facility or provider that | |
| 3919 | + | 120.4it may resume permitting the use of medical cannabis flower or medical cannabinoid products | |
| 3920 | + | 120.5within the facility or in the provider's service setting: | |
| 3921 | + | 120.6 (1) a federal regulatory agency or the United States Department of Justice initiates | |
| 3922 | + | 120.7enforcement action against a facility or provider related to the facility's compliance with | |
| 3923 | + | 120.8the medical cannabis program; or | |
| 3924 | + | 120.9 (2) a federal regulatory agency, the United States Department of Justice, or the federal | |
| 3925 | + | 120.10Centers for Medicare and Medicaid Services issues a rule or otherwise provides notification | |
| 3926 | + | 120.11to the facility or provider that expressly prohibits the use of medical cannabis in health care | |
| 3927 | + | 120.12facilities or otherwise prohibits compliance with the medical cannabis program. | |
| 3928 | + | 120.13 (c) An employee or agent of a facility or provider listed in this subdivision or a person | |
| 3929 | + | 120.14licensed under chapter 144E is not violating this chapter or chapter 152 for the possession | |
| 3930 | + | 120.15of medical cannabis flower or medical cannabinoid products while carrying out employment | |
| 3931 | + | 120.16duties, including providing or supervising care to a patient enrolled in the registry program, | |
| 3932 | + | 120.17or distribution of medical cannabis flower or medical cannabinoid products to a patient | |
| 3933 | + | 120.18enrolled in the registry program who resides at or is actively receiving treatment or care at | |
| 3934 | + | 120.19the facility or from the provider with which the employee or agent is affiliated. | |
| 3935 | + | 120.20 Subd. 3.Child care facilities.A proprietor of a family or group family day care program | |
| 3936 | + | 120.21must disclose to parents or guardians of children cared for on the premises of the family or | |
| 3937 | + | 120.22group family day care program, if the proprietor permits the smoking or use of medical | |
| 3938 | + | 120.23cannabis on the premises, outside of its hours of operation. Disclosure must include posting | |
| 3939 | + | 120.24on the premises a conspicuous written notice and orally informing parents or guardians. | |
| 3940 | + | 120.25 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 3941 | + | 120.26Sec. 58. [342.56] PROTECTIONS FOR REGISTRY PROGRAM PARTICIPANTS. | |
| 3942 | + | 120.27 Subdivision 1.Presumption.There is a presumption that a patient enrolled in the registry | |
| 3943 | + | 120.28program is engaged in the authorized use of medical cannabis flower and medical cannabinoid | |
| 3944 | + | 120.29products. This presumption may be rebutted by evidence that the patient's use of medical | |
| 3945 | + | 120.30cannabis flower or medical cannabinoid products was not for the purpose of treating or | |
| 3946 | + | 120.31alleviating the patient's qualifying medical condition or symptoms associated with the | |
| 3947 | + | 120.32patient's qualifying medical condition. | |
| 3948 | + | 120Article 1 Sec. 58. | |
| 3949 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 121.1 Subd. 2.Criminal and civil protections.(a) Subject to section 342.55, the following | |
| 3950 | + | 121.2are not violations of this chapter or chapter 152: | |
| 3951 | + | 121.3 (1) use or possession of medical cannabis flower, medical cannabinoid products, or | |
| 3952 | + | 121.4medical cannabis paraphernalia by a patient enrolled in the registry program or by a visiting | |
| 3953 | + | 121.5patient to whom medical cannabis is distributed under section 342.49, subdivision 5; | |
| 3954 | + | 121.6 (2) possession of medical cannabis flower, medical cannabinoid products, or medical | |
| 3955 | + | 121.7cannabis paraphernalia by a registered designated caregiver or a parent, legal guardian, or | |
| 3956 | + | 121.8spouse of a patient enrolled in the registry program; or | |
| 3957 | + | 121.9 (3) possession of medical cannabis flower, medical cannabinoid products, or medical | |
| 3958 | + | 121.10cannabis paraphernalia by any person while carrying out duties required under sections | |
| 3959 | + | 121.11342.47 to 342.59. | |
| 3960 | + | 121.12 (b) The Office of Cannabis Management, members of the Cannabis Advisory Council, | |
| 3961 | + | 121.13Office of Cannabis Management employees, agents or contractors of the Office of Cannabis | |
| 3962 | + | 121.14Management, and health care practitioners participating in the registry program are not | |
| 3963 | + | 121.15subject to any civil penalties or disciplinary action by the Board of Medical Practice, the | |
| 3964 | + | 121.16Board of Nursing, or any business, occupational, or professional licensing board or entity | |
| 3965 | + | 121.17solely for participating in the registry program either in a professional capacity or as a | |
| 3966 | + | 121.18patient. A pharmacist licensed under chapter 151 is not subject to any civil penalties or | |
| 3967 | + | 121.19disciplinary action by the Board of Pharmacy when acting in accordance with sections | |
| 3968 | + | 121.20342.47 to 342.59 either in a professional capacity or as a patient. Nothing in this section | |
| 3969 | + | 121.21prohibits a professional licensing board from taking action in response to a violation of law. | |
| 3970 | + | 121.22 (c) Notwithstanding any law to the contrary, a Cannabis Advisory Council member, the | |
| 3971 | + | 121.23governor, or an employee of a state agency must not be held civilly or criminally liable for | |
| 3972 | + | 121.24any injury, loss of property, personal injury, or death caused by any act or omission while | |
| 3973 | + | 121.25acting within the scope of office or employment under sections 342.47 to 342.59. | |
| 3974 | + | 121.26 (d) Federal, state, and local law enforcement authorities are prohibited from accessing | |
| 3975 | + | 121.27the registry except when acting pursuant to a valid search warrant. Notwithstanding section | |
| 3976 | + | 121.2813.09, a violation of this paragraph is a gross misdemeanor. | |
| 3977 | + | 121.29 (e) Notwithstanding any law to the contrary, the office and employees of the office must | |
| 3978 | + | 121.30not release data or information about an individual contained in any report or document or | |
| 3979 | + | 121.31in the registry and must not release data or information obtained about a patient enrolled in | |
| 3980 | + | 121.32the registry program, except as provided in sections 342.47 to 342.59. Notwithstanding | |
| 3981 | + | 121.33section 13.09, a violation of this paragraph is a gross misdemeanor. | |
| 3967 | 3982 | 121Article 1 Sec. 58. | |
| 3968 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 122.1alleviating the patient's qualifying medical condition or symptoms associated with the | |
| 3969 | - | 122.2patient's qualifying medical condition. | |
| 3970 | - | 122.3 Subd. 2.Criminal and civil protections.(a) Subject to section 342.55, the following | |
| 3971 | - | 122.4are not violations of this chapter or chapter 152: | |
| 3972 | - | 122.5 (1) use or possession of medical cannabis flower, medical cannabinoid products, or | |
| 3973 | - | 122.6medical cannabis paraphernalia by a patient enrolled in the registry program or by a visiting | |
| 3974 | - | 122.7patient to whom medical cannabis is distributed under section 342.49, subdivision 5; | |
| 3975 | - | 122.8 (2) possession of medical cannabis flower, medical cannabinoid products, or medical | |
| 3976 | - | 122.9cannabis paraphernalia by a registered designated caregiver or a parent, legal guardian, or | |
| 3977 | - | 122.10spouse of a patient enrolled in the registry program; or | |
| 3978 | - | 122.11 (3) possession of medical cannabis flower, medical cannabinoid products, or medical | |
| 3979 | - | 122.12cannabis paraphernalia by any person while carrying out duties required under sections | |
| 3980 | - | 122.13342.47 to 342.59. | |
| 3981 | - | 122.14 (b) The Office of Cannabis Management, members of the Cannabis Advisory Council, | |
| 3982 | - | 122.15Office of Cannabis Management employees, agents or contractors of the Office of Cannabis | |
| 3983 | - | 122.16Management, and health care practitioners participating in the registry program are not | |
| 3984 | - | 122.17subject to any civil penalties or disciplinary action by the Board of Medical Practice, the | |
| 3985 | - | 122.18Board of Nursing, or any business, occupational, or professional licensing board or entity | |
| 3986 | - | 122.19solely for participating in the registry program either in a professional capacity or as a | |
| 3987 | - | 122.20patient. A pharmacist licensed under chapter 151 is not subject to any civil penalties or | |
| 3988 | - | 122.21disciplinary action by the Board of Pharmacy when acting in accordance with sections | |
| 3989 | - | 122.22342.47 to 342.59 either in a professional capacity or as a patient. Nothing in this section | |
| 3990 | - | 122.23prohibits a professional licensing board from taking action in response to a violation of law. | |
| 3991 | - | 122.24 (c) Notwithstanding any law to the contrary, a Cannabis Advisory Council member, the | |
| 3992 | - | 122.25governor, or an employee of a state agency must not be held civilly or criminally liable for | |
| 3993 | - | 122.26any injury, loss of property, personal injury, or death caused by any act or omission while | |
| 3994 | - | 122.27acting within the scope of office or employment under sections 342.47 to 342.59. | |
| 3995 | - | 122.28 (d) Federal, state, and local law enforcement authorities are prohibited from accessing | |
| 3996 | - | 122.29the registry except when acting pursuant to a valid search warrant. Notwithstanding section | |
| 3997 | - | 122.3013.09, a violation of this paragraph is a gross misdemeanor. | |
| 3998 | - | 122.31 (e) Notwithstanding any law to the contrary, the office and employees of the office must | |
| 3999 | - | 122.32not release data or information about an individual contained in any report or document or | |
| 4000 | - | 122.33in the registry and must not release data or information obtained about a patient enrolled in | |
| 3983 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 122.1 (f) No information contained in a report or document, contained in the registry, or | |
| 3984 | + | 122.2obtained from a patient under sections 342.47 to 342.59 may be admitted as evidence in a | |
| 3985 | + | 122.3criminal proceeding, unless: | |
| 3986 | + | 122.4 (1) the information is independently obtained; or | |
| 3987 | + | 122.5 (2) admission of the information is sought in a criminal proceeding involving a criminal | |
| 3988 | + | 122.6violation of sections 342.47 to 342.59. | |
| 3989 | + | 122.7 (g) Possession of a registry verification or an application for enrollment in the registry | |
| 3990 | + | 122.8program: | |
| 3991 | + | 122.9 (1) does not constitute probable cause or reasonable suspicion; | |
| 3992 | + | 122.10 (2) must not be used to support a search of the person or property of the person with a | |
| 3993 | + | 122.11registry verification or application to enroll in the registry program; and | |
| 3994 | + | 122.12 (3) must not subject the person or the property of the person to inspection by any | |
| 3995 | + | 122.13government agency. | |
| 3996 | + | 122.14 Subd. 3.School enrollment; rental property.(a) No school may refuse to enroll a | |
| 3997 | + | 122.15patient as a pupil or otherwise penalize a patient solely because the patient is enrolled in | |
| 3998 | + | 122.16the registry program, unless failing to do so would violate federal law or regulations or | |
| 3999 | + | 122.17cause the school to lose a monetary or licensing-related benefit under federal law or | |
| 4000 | + | 122.18regulations. | |
| 4001 | + | 122.19 (b) No landlord may refuse to lease to a patient or otherwise penalize a patient solely | |
| 4002 | + | 122.20because the patient is enrolled in the registry program, unless failing to do so would violate | |
| 4003 | + | 122.21federal law or regulations or cause the landlord to lose a monetary or licensing-related | |
| 4004 | + | 122.22benefit under federal law or regulations. | |
| 4005 | + | 122.23 Subd. 4.Medical care.For purposes of medical care, including organ transplants, a | |
| 4006 | + | 122.24patient's use of medical cannabis according to sections 342.47 to 342.59 is considered the | |
| 4007 | + | 122.25equivalent of the authorized use of a medication used at the discretion of a health care | |
| 4008 | + | 122.26practitioner and does not disqualify a patient from needed medical care. | |
| 4009 | + | 122.27 Subd. 5.Employment.(a) Unless a failure to do so would violate federal or state law | |
| 4010 | + | 122.28or regulations or cause an employer to lose a monetary or licensing-related benefit under | |
| 4011 | + | 122.29federal law or regulations, an employer may not discriminate against a person in hiring, | |
| 4012 | + | 122.30termination, or any term or condition of employment, or otherwise penalize a person, if the | |
| 4013 | + | 122.31discrimination is based on: | |
| 4014 | + | 122.32 (1) the person's status as a patient enrolled in the registry program; or | |
| 4001 | 4015 | 122Article 1 Sec. 58. | |
| 4002 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 123.1the registry program, except as provided in sections 342.47 to 342.59. Notwithstanding | |
| 4003 | - | 123.2section 13.09, a violation of this paragraph is a gross misdemeanor. | |
| 4004 | - | 123.3 (f) No information contained in a report or document, contained in the registry, or | |
| 4005 | - | 123.4obtained from a patient under sections 342.47 to 342.59 may be admitted as evidence in a | |
| 4006 | - | 123.5criminal proceeding, unless: | |
| 4007 | - | 123.6 (1) the information is independently obtained; or | |
| 4008 | - | 123.7 (2) admission of the information is sought in a criminal proceeding involving a criminal | |
| 4009 | - | 123.8violation of sections 342.47 to 342.59. | |
| 4010 | - | 123.9 (g) Possession of a registry verification or an application for enrollment in the registry | |
| 4011 | - | 123.10program: | |
| 4012 | - | 123.11 (1) does not constitute probable cause or reasonable suspicion; | |
| 4013 | - | 123.12 (2) must not be used to support a search of the person or property of the person with a | |
| 4014 | - | 123.13registry verification or application to enroll in the registry program; and | |
| 4015 | - | 123.14 (3) must not subject the person or the property of the person to inspection by any | |
| 4016 | - | 123.15government agency. | |
| 4017 | - | 123.16 Subd. 3.School enrollment; rental property.(a) No school may refuse to enroll a | |
| 4018 | - | 123.17patient as a pupil or otherwise penalize a patient solely because the patient is enrolled in | |
| 4019 | - | 123.18the registry program, unless failing to do so would violate federal law or regulations or | |
| 4020 | - | 123.19cause the school to lose a monetary or licensing-related benefit under federal law or | |
| 4021 | - | 123.20regulations. | |
| 4022 | - | 123.21 (b) No landlord may refuse to lease to a patient or otherwise penalize a patient solely | |
| 4023 | - | 123.22because the patient is enrolled in the registry program, unless failing to do so would violate | |
| 4024 | - | 123.23federal law or regulations or cause the landlord to lose a monetary or licensing-related | |
| 4025 | - | 123.24benefit under federal law or regulations. | |
| 4026 | - | 123.25 Subd. 4.Medical care.For purposes of medical care, including organ transplants, a | |
| 4027 | - | 123.26patient's use of medical cannabis according to sections 342.47 to 342.59 is considered the | |
| 4028 | - | 123.27equivalent of the authorized use of a medication used at the discretion of a health care | |
| 4029 | - | 123.28practitioner and does not disqualify a patient from needed medical care. | |
| 4030 | - | 123.29 Subd. 5.Employment.(a) Unless a failure to do so would violate federal or state law | |
| 4031 | - | 123.30or regulations or cause an employer to lose a monetary or licensing-related benefit under | |
| 4032 | - | 123.31federal law or regulations, an employer may not discriminate against a person in hiring, | |
| 4016 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 123.1 (2) a patient's positive drug test for cannabis components or metabolites, unless the | |
| 4017 | + | 123.2patient used, possessed, sold, transported, or was impaired by medical cannabis flower or | |
| 4018 | + | 123.3a medical cannabinoid product on work premises, during working hours, or while operating | |
| 4019 | + | 123.4an employer's machinery, vehicle, or equipment. | |
| 4020 | + | 123.5 (b) An employee who is a patient and whose employer requires the employee to undergo | |
| 4021 | + | 123.6drug testing according to section 181.953 may present the employee's registry verification | |
| 4022 | + | 123.7as part of the employee's explanation under section 181.953, subdivision 6. | |
| 4023 | + | 123.8 Subd. 6.Custody; visitation; parenting time.A person must not be denied custody of | |
| 4024 | + | 123.9a minor child or visitation rights or parenting time with a minor child based solely on the | |
| 4025 | + | 123.10person's status as a patient enrolled in the registry program. There must be no presumption | |
| 4026 | + | 123.11of neglect or child endangerment for conduct allowed under sections 342.47 to 342.59, | |
| 4027 | + | 123.12unless the person's behavior creates an unreasonable danger to the safety of the minor as | |
| 4028 | + | 123.13established by clear and convincing evidence. | |
| 4029 | + | 123.14 Subd. 7.Action for damages.In addition to any other remedy provided by law, a patient | |
| 4030 | + | 123.15may bring an action for damages against any person who violates subdivision 3, 4, or 5. A | |
| 4031 | + | 123.16person who violates subdivision 3, 4, or 5 is liable to a patient injured by the violation for | |
| 4032 | + | 123.17the greater of the person's actual damages or a civil penalty of $100 and reasonable attorney | |
| 4033 | + | 123.18fees. | |
| 4034 | + | 123.19 Subd. 8.Sanctions restricted for those on parole, supervised release, or conditional | |
| 4035 | + | 123.20release.(a) This subdivision applies to an individual placed on parole, supervised release, | |
| 4036 | + | 123.21or conditional release. | |
| 4037 | + | 123.22 (b) The commissioner of corrections may not: | |
| 4038 | + | 123.23 (1) prohibit an individual from participating in the registry program as a condition of | |
| 4039 | + | 123.24release; or | |
| 4040 | + | 123.25 (2) revoke an individual's parole, supervised release, or conditional release or otherwise | |
| 4041 | + | 123.26sanction an individual solely: | |
| 4042 | + | 123.27 (i) for participating in the registry program; or | |
| 4043 | + | 123.28 (ii) for a positive drug test for cannabis components or metabolites. | |
| 4044 | + | 123.29 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 4033 | 4045 | 123Article 1 Sec. 58. | |
| 4034 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 124.1termination, or any term or condition of employment, or otherwise penalize a person, if the | |
| 4035 | - | 124.2discrimination is based on: | |
| 4036 | - | 124.3 (1) the person's status as a patient enrolled in the registry program; or | |
| 4037 | - | 124.4 (2) a patient's positive drug test for cannabis components or metabolites, unless the | |
| 4038 | - | 124.5patient used, possessed, sold, transported, or was impaired by medical cannabis flower or | |
| 4039 | - | 124.6a medical cannabinoid product on work premises, during working hours, or while operating | |
| 4040 | - | 124.7an employer's machinery, vehicle, or equipment. | |
| 4041 | - | 124.8 (b) An employee who is a patient and whose employer requires the employee to undergo | |
| 4042 | - | 124.9drug testing according to section 181.953 may present the employee's registry verification | |
| 4043 | - | 124.10as part of the employee's explanation under section 181.953, subdivision 6. | |
| 4044 | - | 124.11 Subd. 6.Custody; visitation; parenting time.A person must not be denied custody of | |
| 4045 | - | 124.12a minor child or visitation rights or parenting time with a minor child based solely on the | |
| 4046 | - | 124.13person's status as a patient enrolled in the registry program. There must be no presumption | |
| 4047 | - | 124.14of neglect or child endangerment for conduct allowed under sections 342.47 to 342.59, | |
| 4048 | - | 124.15unless the person's behavior creates an unreasonable danger to the safety of the minor as | |
| 4049 | - | 124.16established by clear and convincing evidence. | |
| 4050 | - | 124.17 Subd. 7.Action for damages.In addition to any other remedy provided by law, a patient | |
| 4051 | - | 124.18may bring an action for damages against any person who violates subdivision 3, 4, or 5. A | |
| 4052 | - | 124.19person who violates subdivision 3, 4, or 5 is liable to a patient injured by the violation for | |
| 4053 | - | 124.20the greater of the person's actual damages or a civil penalty of $100 and reasonable attorney | |
| 4054 | - | 124.21fees. | |
| 4055 | - | 124.22 Subd. 8.Sanctions restricted for those on parole, supervised release, or conditional | |
| 4056 | - | 124.23release.(a) This subdivision applies to an individual placed on parole, supervised release, | |
| 4057 | - | 124.24or conditional release. | |
| 4058 | - | 124.25 (b) The commissioner of corrections may not: | |
| 4059 | - | 124.26 (1) prohibit an individual from participating in the registry program as a condition of | |
| 4060 | - | 124.27release; or | |
| 4061 | - | 124.28 (2) revoke an individual's parole, supervised release, or conditional release or otherwise | |
| 4062 | - | 124.29sanction an individual solely: | |
| 4063 | - | 124.30 (i) for participating in the registry program; or | |
| 4064 | - | 124.31 (ii) for a positive drug test for cannabis components or metabolites. | |
| 4065 | - | 124.32 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 4066 | - | 124Article 1 Sec. 58. | |
| 4067 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 125.1Sec. 59. [342.57] VIOLATION BY HEALTH CARE PRACTITIONER; CRIMINAL | |
| 4068 | - | 125.2PENALTY. | |
| 4069 | - | 125.3 A health care practitioner who knowingly refers patients to a medical cannabis business | |
| 4070 | - | 125.4or to a designated caregiver, who advertises as a retailer or producer of medical cannabis | |
| 4071 | - | 125.5flower or medical cannabinoid products, or who issues certifications while holding a financial | |
| 4072 | - | 125.6interest in a cannabis retailer or medical cannabis business is guilty of a misdemeanor and | |
| 4073 | - | 125.7may be sentenced to imprisonment for not more than 90 days or to payment of not more | |
| 4074 | - | 125.8than $1,000, or both. | |
| 4075 | - | 125.9 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 4076 | - | 125.10Sec. 60. [342.58] DATA PRACTICES. | |
| 4077 | - | 125.11 Subdivision 1.Data classification.Patient health records maintained by the Office of | |
| 4078 | - | 125.12Cannabis Management or the Division of Medical Cannabis and government data in patient | |
| 4079 | - | 125.13health records maintained by a health care practitioner are classified as private data on | |
| 4080 | - | 125.14individuals, as defined in section 13.02, subdivision 12, or nonpublic data, as defined in | |
| 4081 | - | 125.15section 13.02, subdivision 9. | |
| 4082 | - | 125.16 Subd. 2.Allowable use; prohibited use.Data specified in subdivision 1 may be used | |
| 4083 | - | 125.17to comply with chapter 13, to comply with a request from the legislative auditor or the state | |
| 4084 | - | 125.18auditor in the performance of official duties, and for purposes specified in sections 342.47 | |
| 4085 | - | 125.19to 342.59. Data specified in subdivision 1 and maintained by the Office of Cannabis | |
| 4086 | - | 125.20Management or Division of Medical Cannabis must not be used for any purpose not specified | |
| 4087 | - | 125.21in sections 342.47 to 342.59 and must not be combined or linked in any manner with any | |
| 4088 | - | 125.22other list, dataset, or database. Data specified in subdivision 1 must not be shared with any | |
| 4089 | - | 125.23federal agency, federal department, or federal entity unless specifically ordered to do so by | |
| 4090 | - | 125.24a state or federal court. | |
| 4091 | - | 125.25 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 4092 | - | 125.26Sec. 61. [342.59] CLINICAL TRIALS. | |
| 4093 | - | 125.27 The Division of Medical Cannabis may conduct or award grants to health care providers | |
| 4094 | - | 125.28or research organizations to conduct clinical trials on the safety and efficacy of using medical | |
| 4095 | - | 125.29cannabis flower or medical cannabinoid products to treat a specific health condition. A | |
| 4096 | - | 125.30health care provider or research organization receiving a grant under this section must | |
| 4097 | - | 125.31provide the office with access to all data collected in a clinical trial funded under this section. | |
| 4098 | - | 125.32The office may use data from clinical trials conducted or funded under this section as | |
| 4099 | - | 125Article 1 Sec. 61. | |
| 4100 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 126.1evidence to approve additional qualifying medical conditions or additional allowable forms | |
| 4101 | - | 126.2of medical cannabis. | |
| 4102 | - | 126.3 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 4103 | - | 126.4Sec. 62. [342.60] TESTING. | |
| 4104 | - | 126.5 Subdivision 1.Testing required.Cannabis businesses and hemp businesses shall not | |
| 4105 | - | 126.6sell or offer for sale cannabis flower, cannabis products, synthetically derived cannabinoids, | |
| 4106 | - | 126.7lower-potency hemp edibles, or hemp-derived consumer products to another cannabis | |
| 4107 | - | 126.8business, hemp business, or to a customer or patient or otherwise transfer cannabis flower, | |
| 4108 | - | 126.9cannabis products, synthetically derived cannabinoids, lower-potency hemp edibles, or | |
| 4109 | - | 126.10hemp-derived consumer products to another cannabis business, unless: | |
| 4110 | - | 126.11 (1) a representative sample of the batch of cannabis flower, cannabis product, synthetically | |
| 4111 | - | 126.12derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product has | |
| 4112 | - | 126.13been tested according to this section and rules adopted under this chapter; | |
| 4113 | - | 126.14 (2) the testing was completed by a cannabis testing facility licensed under this chapter; | |
| 4114 | - | 126.15and | |
| 4115 | - | 126.16 (3) the tested sample of cannabis flower, cannabis product, synthetically derived | |
| 4116 | - | 126.17cannabinoid, lower-potency hemp edible, or hemp-derived consumer product was found to | |
| 4117 | - | 126.18meet testing standards established by the office. | |
| 4118 | - | 126.19 Subd. 2.Procedures and standards established by office.(a) The office shall by rule | |
| 4119 | - | 126.20establish procedures governing: | |
| 4120 | - | 126.21 (1) the sampling, handling, testing, storage, and transportation of cannabis flower, | |
| 4121 | - | 126.22cannabis products, synthetically derived cannabinoids, lower-potency hemp edibles, and | |
| 4122 | - | 126.23hemp-derived consumer products tested under this section; | |
| 4123 | - | 126.24 (2) the contaminants for which cannabis flower, cannabis products, synthetically derived | |
| 4124 | - | 126.25cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products must be | |
| 4125 | - | 126.26tested; | |
| 4126 | - | 126.27 (3) standards for potency and homogeneity testing; and | |
| 4127 | - | 126.28 (4) procedures applicable to cannabis businesses, hemp businesses, and cannabis testing | |
| 4128 | - | 126.29facilities regarding cannabis flower, cannabis products, synthetically derived cannabinoids, | |
| 4129 | - | 126.30lower-potency hemp edibles, and hemp-derived consumer products that fail to meet the | |
| 4130 | - | 126.31standards for allowable levels of contaminants established by the office, that fail to meet | |
| 4046 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 124.1Sec. 59. [342.57] VIOLATION BY HEALTH CARE PRACTITIONER; CRIMINAL | |
| 4047 | + | 124.2PENALTY. | |
| 4048 | + | 124.3 A health care practitioner who knowingly refers patients to a medical cannabis business | |
| 4049 | + | 124.4or to a designated caregiver, who advertises as a retailer or producer of medical cannabis | |
| 4050 | + | 124.5flower or medical cannabinoid products, or who issues certifications while holding a financial | |
| 4051 | + | 124.6interest in a cannabis retailer or medical cannabis business is guilty of a misdemeanor and | |
| 4052 | + | 124.7may be sentenced to imprisonment for not more than 90 days or to payment of not more | |
| 4053 | + | 124.8than $1,000, or both. | |
| 4054 | + | 124.9 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 4055 | + | 124.10Sec. 60. [342.58] DATA PRACTICES. | |
| 4056 | + | 124.11 Subdivision 1.Data classification.Patient health records maintained by the Office of | |
| 4057 | + | 124.12Cannabis Management or the Division of Medical Cannabis and government data in patient | |
| 4058 | + | 124.13health records maintained by a health care practitioner are classified as private data on | |
| 4059 | + | 124.14individuals, as defined in section 13.02, subdivision 12, or nonpublic data, as defined in | |
| 4060 | + | 124.15section 13.02, subdivision 9. | |
| 4061 | + | 124.16 Subd. 2.Allowable use; prohibited use.Data specified in subdivision 1 may be used | |
| 4062 | + | 124.17to comply with chapter 13, to comply with a request from the legislative auditor or the state | |
| 4063 | + | 124.18auditor in the performance of official duties, and for purposes specified in sections 342.47 | |
| 4064 | + | 124.19to 342.59. Data specified in subdivision 1 and maintained by the Office of Cannabis | |
| 4065 | + | 124.20Management or Division of Medical Cannabis must not be used for any purpose not specified | |
| 4066 | + | 124.21in sections 342.47 to 342.59 and must not be combined or linked in any manner with any | |
| 4067 | + | 124.22other list, dataset, or database. Data specified in subdivision 1 must not be shared with any | |
| 4068 | + | 124.23federal agency, federal department, or federal entity unless specifically ordered to do so by | |
| 4069 | + | 124.24a state or federal court. | |
| 4070 | + | 124.25 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 4071 | + | 124.26Sec. 61. [342.59] CLINICAL TRIALS. | |
| 4072 | + | 124.27 The Division of Medical Cannabis may conduct, or award grants to health care providers | |
| 4073 | + | 124.28or research organizations to conduct, clinical trials on the safety and efficacy of using | |
| 4074 | + | 124.29medical cannabis flower or medical cannabinoid products to treat a specific health condition. | |
| 4075 | + | 124.30A health care provider or research organization receiving a grant under this section must | |
| 4076 | + | 124.31provide the office with access to all data collected in a clinical trial funded under this section. | |
| 4077 | + | 124.32The office may use data from clinical trials conducted or funded under this section as | |
| 4078 | + | 124Article 1 Sec. 61. | |
| 4079 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 125.1evidence to approve additional qualifying medical conditions or additional allowable forms | |
| 4080 | + | 125.2of medical cannabis. | |
| 4081 | + | 125.3 EFFECTIVE DATE.This section is effective January 1, 2024. | |
| 4082 | + | 125.4Sec. 62. [342.60] TESTING. | |
| 4083 | + | 125.5 Subdivision 1.Testing required.Cannabis businesses and hemp businesses shall not | |
| 4084 | + | 125.6sell or offer for sale cannabis flower, cannabis products, synthetically derived cannabinoids, | |
| 4085 | + | 125.7lower-potency hemp edibles, or hemp-derived consumer products to another cannabis | |
| 4086 | + | 125.8business, hemp business, or to a customer or patient or otherwise transfer cannabis flower, | |
| 4087 | + | 125.9cannabis products, synthetically derived cannabinoids, lower-potency hemp edibles, or | |
| 4088 | + | 125.10hemp-derived consumer products to another cannabis business, unless: | |
| 4089 | + | 125.11 (1) a representative sample of the batch of cannabis flower, cannabis product, synthetically | |
| 4090 | + | 125.12derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product has | |
| 4091 | + | 125.13been tested according to this section and rules adopted under this chapter; | |
| 4092 | + | 125.14 (2) the testing was completed by a cannabis testing facility licensed under this chapter; | |
| 4093 | + | 125.15and | |
| 4094 | + | 125.16 (3) the tested sample of cannabis flower, cannabis product, synthetically derived | |
| 4095 | + | 125.17cannabinoid, lower-potency hemp edible, or hemp-derived consumer product was found to | |
| 4096 | + | 125.18meet testing standards established by the office. | |
| 4097 | + | 125.19 Subd. 2.Procedures and standards established by office.(a) The office shall by rule | |
| 4098 | + | 125.20establish procedures governing: | |
| 4099 | + | 125.21 (1) the sampling, handling, testing, storage, and transportation of cannabis flower, | |
| 4100 | + | 125.22cannabis products, synthetically derived cannabinoids, lower-potency hemp edibles, and | |
| 4101 | + | 125.23hemp-derived consumer products tested under this section; | |
| 4102 | + | 125.24 (2) the contaminants for which cannabis flower, cannabis products, synthetically derived | |
| 4103 | + | 125.25cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products must be | |
| 4104 | + | 125.26tested; | |
| 4105 | + | 125.27 (3) standards for potency and homogeneity testing; and | |
| 4106 | + | 125.28 (4) procedures applicable to cannabis businesses, hemp businesses, and cannabis testing | |
| 4107 | + | 125.29facilities regarding cannabis flower, cannabis products, synthetically derived cannabinoids, | |
| 4108 | + | 125.30lower-potency hemp edibles, and hemp-derived consumer products that fail to meet the | |
| 4109 | + | 125.31standards for allowable levels of contaminants established by the office, that fail to meet | |
| 4110 | + | 125Article 1 Sec. 62. | |
| 4111 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 126.1the potency limits in this chapter or that do not conform with the content of the cannabinoid | |
| 4112 | + | 126.2profile listed on the label. | |
| 4113 | + | 126.3 (b) All testing required under this section must be performed in a manner that is consistent | |
| 4114 | + | 126.4with general requirements for testing and calibration activities. | |
| 4115 | + | 126.5 Subd. 3.Standards established by Office of Cannabis Management.The office shall | |
| 4116 | + | 126.6by rule establish standards for allowable levels of contaminants in cannabis flower, cannabis | |
| 4117 | + | 126.7products, synthetically derived cannabinoids, lower-potency hemp edibles, hemp-derived | |
| 4118 | + | 126.8consumer products, and growing media. Contaminants for which the office must establish | |
| 4119 | + | 126.9allowable levels must include but are not limited to residual solvents, foreign material, | |
| 4120 | + | 126.10microbiological contaminants, heavy metals, pesticide residue, and mycotoxins. | |
| 4121 | + | 126.11 Subd. 4.Testing of samples; disclosures.(a) On a schedule determined by the office, | |
| 4122 | + | 126.12every cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis | |
| 4123 | + | 126.13manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency | |
| 4124 | + | 126.14hemp edible manufacturer, medical cannabis cultivator, or medical cannabis processor shall | |
| 4125 | + | 126.15make each batch of cannabis flower, cannabis products, synthetically derived cannabinoids, | |
| 4126 | + | 126.16lower-potency hemp edibles, or hemp-derived consumer products grown, manufactured, or | |
| 4127 | + | 126.17imported by the cannabis business or hemp business available to a cannabis testing facility. | |
| 4128 | + | 126.18 (b) A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis | |
| 4129 | + | 126.19manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency | |
| 4130 | + | 126.20hemp edible manufacturer, medical cannabis cultivator, or medical cannabis processor must | |
| 4131 | + | 126.21disclose all known information regarding pesticides, fertilizers, solvents, or other foreign | |
| 4132 | + | 126.22materials, including but not limited to catalysts used in creating synthetically derived | |
| 4133 | + | 126.23cannabinoids, applied or added to the batch of cannabis flower, cannabis products, | |
| 4134 | + | 126.24synthetically derived cannabinoids, lower-potency hemp edible, or hemp-derived consumer | |
| 4135 | + | 126.25products subject to testing. Disclosure must be made to the cannabis testing facility and | |
| 4136 | + | 126.26must include information about all applications by any person, whether intentional or | |
| 4137 | + | 126.27accidental. | |
| 4138 | + | 126.28 (c) The cannabis testing facility shall select one or more representative samples from | |
| 4139 | + | 126.29each batch, test the samples for the presence of contaminants, and test the samples for | |
| 4140 | + | 126.30potency and homogeneity and to allow the cannabis flower, cannabis product, synthetically | |
| 4141 | + | 126.31derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product to be | |
| 4142 | + | 126.32accurately labeled with its cannabinoid profile. Testing for contaminants must include testing | |
| 4143 | + | 126.33for residual solvents, foreign material, microbiological contaminants, heavy metals, pesticide | |
| 4144 | + | 126.34residue, mycotoxins, and any items identified pursuant to paragraph (b), and may include | |
| 4131 | 4145 | 126Article 1 Sec. 62. | |
| 4132 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 127.1the potency limits in this chapter or that do not conform with the content of the cannabinoid | |
| 4133 | - | 127.2profile listed on the label. | |
| 4134 | - | 127.3 (b) All testing required under this section must be performed in a manner that is consistent | |
| 4135 | - | 127.4with general requirements for testing and calibration activities. | |
| 4136 | - | 127.5 Subd. 3.Standards established by Office of Cannabis Management.The office shall | |
| 4137 | - | 127.6by rule establish standards for allowable levels of contaminants in cannabis flower, cannabis | |
| 4138 | - | 127.7products, synthetically derived cannabinoids, lower-potency hemp edibles, hemp-derived | |
| 4139 | - | 127.8consumer products, and growing media. Contaminants for which the office must establish | |
| 4140 | - | 127.9allowable levels must include but are not limited to residual solvents, foreign material, | |
| 4141 | - | 127.10microbiological contaminants, heavy metals, pesticide residue, and mycotoxins. | |
| 4142 | - | 127.11 Subd. 4.Testing of samples; disclosures.(a) On a schedule determined by the office, | |
| 4143 | - | 127.12every cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis | |
| 4144 | - | 127.13manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency | |
| 4145 | - | 127.14hemp edible manufacturer, medical cannabis cultivator, or medical cannabis processor shall | |
| 4146 | - | 127.15make each batch of cannabis flower, cannabis products, synthetically derived cannabinoids, | |
| 4147 | - | 127.16lower-potency hemp edibles, or hemp-derived consumer products grown, manufactured, or | |
| 4148 | - | 127.17imported by the cannabis business or hemp business available to a cannabis testing facility. | |
| 4149 | - | 127.18 (b) A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis | |
| 4150 | - | 127.19manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency | |
| 4151 | - | 127.20hemp edible manufacturer, medical cannabis cultivator, or medical cannabis processor must | |
| 4152 | - | 127.21disclose all known information regarding pesticides, fertilizers, solvents, or other foreign | |
| 4153 | - | 127.22materials, including but not limited to catalysts used in creating synthetically derived | |
| 4154 | - | 127.23cannabinoids, applied or added to the batch of cannabis flower, cannabis products, | |
| 4155 | - | 127.24synthetically derived cannabinoids, lower-potency hemp edible, or hemp-derived consumer | |
| 4156 | - | 127.25products subject to testing. Disclosure must be made to the cannabis testing facility and | |
| 4157 | - | 127.26must include information about all applications by any person, whether intentional or | |
| 4158 | - | 127.27accidental. | |
| 4159 | - | 127.28 (c) The cannabis testing facility shall select one or more representative samples from | |
| 4160 | - | 127.29each batch, test the samples for the presence of contaminants, and test the samples for | |
| 4161 | - | 127.30potency and homogeneity and to allow the cannabis flower, cannabis product, synthetically | |
| 4162 | - | 127.31derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product to be | |
| 4163 | - | 127.32accurately labeled with its cannabinoid profile. Testing for contaminants must include testing | |
| 4164 | - | 127.33for residual solvents, foreign material, microbiological contaminants, heavy metals, pesticide | |
| 4165 | - | 127.34residue, mycotoxins, and any items identified pursuant to paragraph (b), and may include | |
| 4166 | - | 127Article 1 Sec. 62. | |
| 4167 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 128.1testing for other contaminants. A cannabis testing facility must destroy or return to the | |
| 4168 | - | 128.2cannabis business or hemp business any part of the sample that remains after testing. | |
| 4169 | - | 128.3 Subd. 5.Test results.(a) If a sample meets the applicable testing standards, a cannabis | |
| 4170 | - | 128.4testing facility shall issue a certification to a cannabis microbusiness, cannabis | |
| 4171 | - | 128.5mezzobusiness, cannabis cultivator, cannabis manufacturer, cannabis wholesaler with an | |
| 4172 | - | 128.6endorsement to import products, lower-potency hemp edible manufacturer, medical cannabis | |
| 4173 | - | 128.7cultivator, or medical cannabis processor, and the cannabis business or hemp business may | |
| 4174 | - | 128.8then sell or transfer the batch of cannabis flower, cannabis products, synthetically derived | |
| 4175 | - | 128.9cannabinoids, lower-potency hemp edibles, or hemp-derived consumer products from which | |
| 4176 | - | 128.10the sample was taken to another cannabis business or hemp business, or offer the cannabis | |
| 4177 | - | 128.11flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products | |
| 4178 | - | 128.12for sale to customers or patients. If a sample does not meet the applicable testing standards | |
| 4179 | - | 128.13or if the testing facility is unable to test for a substance identified pursuant to subdivision | |
| 4180 | - | 128.144, paragraph (b), the batch from which the sample was taken shall be subject to procedures | |
| 4181 | - | 128.15established by the office for such batches, including destruction, remediation, or retesting. | |
| 4182 | - | 128.16 (b) A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis | |
| 4183 | - | 128.17manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency | |
| 4184 | - | 128.18hemp edible manufacturer, medical cannabis cultivator, or medical cannabis processor must | |
| 4185 | - | 128.19maintain the test results for cannabis flower, cannabis products, synthetically derived | |
| 4186 | - | 128.20cannabinoids, lower-potency hemp edibles, or hemp-derived consumer products grown, | |
| 4187 | - | 128.21manufactured, or imported by that cannabis business or hemp business for at least five years | |
| 4188 | - | 128.22after the date of testing. | |
| 4189 | - | 128.23 (c) A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis | |
| 4190 | - | 128.24manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency | |
| 4191 | - | 128.25hemp edible manufacturer, medical cannabis cultivator, or medical cannabis processor shall | |
| 4192 | - | 128.26make test results maintained by that cannabis business or hemp business available for review | |
| 4193 | - | 128.27by any member of the public upon request. Test results made available to the public must | |
| 4194 | - | 128.28be in plain language. | |
| 4195 | - | 128.29Sec. 63. [342.61] PACKAGING. | |
| 4196 | - | 128.30 Subdivision 1.General.All cannabis flower, cannabis products, lower-potency hemp | |
| 4197 | - | 128.31edibles, and hemp-derived consumer products sold to customers or patients must be packaged | |
| 4198 | - | 128.32as required by this section and rules adopted under this chapter. | |
| 4146 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 127.1testing for other contaminants. A cannabis testing facility must destroy or return to the | |
| 4147 | + | 127.2cannabis business or hemp business any part of the sample that remains after testing. | |
| 4148 | + | 127.3 Subd. 5.Test results.(a) If a sample meets the applicable testing standards, a cannabis | |
| 4149 | + | 127.4testing facility shall issue a certification to a cannabis microbusiness, cannabis | |
| 4150 | + | 127.5mezzobusiness, cannabis cultivator, cannabis manufacturer, cannabis wholesaler with an | |
| 4151 | + | 127.6endorsement to import products, lower-potency hemp edible manufacturer, medical cannabis | |
| 4152 | + | 127.7cultivator, or medical cannabis processor, and the cannabis business or hemp business may | |
| 4153 | + | 127.8then sell or transfer the batch of cannabis flower, cannabis products, synthetically derived | |
| 4154 | + | 127.9cannabinoids, lower-potency hemp edibles, or hemp-derived consumer products from which | |
| 4155 | + | 127.10the sample was taken to another cannabis business or hemp business, or offer the cannabis | |
| 4156 | + | 127.11flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products | |
| 4157 | + | 127.12for sale to customers or patients. If a sample does not meet the applicable testing standards | |
| 4158 | + | 127.13or if the testing facility is unable to test for a substance identified pursuant to subdivision | |
| 4159 | + | 127.144, paragraph (b), the batch from which the sample was taken shall be subject to procedures | |
| 4160 | + | 127.15established by the office for such batches, including destruction, remediation, or retesting. | |
| 4161 | + | 127.16A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis | |
| 4162 | + | 127.17manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency | |
| 4163 | + | 127.18hemp edible manufacturer, medical cannabis cultivator, or medical cannabis processor must | |
| 4164 | + | 127.19maintain the test results for cannabis flower, cannabis products, synthetically derived | |
| 4165 | + | 127.20cannabinoids, lower-potency hemp edibles, or hemp-derived consumer products grown, | |
| 4166 | + | 127.21manufactured, or imported by that cannabis business or hemp business for at least five years | |
| 4167 | + | 127.22after the date of testing. | |
| 4168 | + | 127.23 (b) A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis | |
| 4169 | + | 127.24manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency | |
| 4170 | + | 127.25hemp edible manufacturer, medical cannabis cultivator, or medical cannabis processor shall | |
| 4171 | + | 127.26make test results maintained by that cannabis business or hemp business available for review | |
| 4172 | + | 127.27by any member of the public, upon request. Test results made available to the public must | |
| 4173 | + | 127.28be in plain language. | |
| 4174 | + | 127.29Sec. 63. [342.61] PACKAGING. | |
| 4175 | + | 127.30 Subdivision 1.General.All cannabis flower, cannabis products, lower-potency hemp | |
| 4176 | + | 127.31edibles, and hemp-derived consumer products sold to customers or patients must be packaged | |
| 4177 | + | 127.32as required by this section and rules adopted under this chapter. | |
| 4178 | + | 127Article 1 Sec. 63. | |
| 4179 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 128.1 Subd. 2.Packaging requirements.(a) Except as provided in paragraph (b), all cannabis | |
| 4180 | + | 128.2flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products | |
| 4181 | + | 128.3sold to customers or patients must be: | |
| 4182 | + | 128.4 (1) prepackaged in packaging or a container that is child-resistant, tamper-evident, and | |
| 4183 | + | 128.5opaque; or | |
| 4184 | + | 128.6 (2) placed in packaging or a container that is plain, child-resistant, tamper-evident, and | |
| 4185 | + | 128.7opaque at the final point of sale to a customer. | |
| 4186 | + | 128.8 (b) The requirement that packaging be child-resistant does not apply to: | |
| 4187 | + | 128.9 (1) a hemp-derived topical product; or | |
| 4188 | + | 128.10 (2) a lower-potency hemp edible product that: | |
| 4189 | + | 128.11 (i) contains nonintoxicating cannabinoids; | |
| 4190 | + | 128.12 (ii) does not contain more than a combined total of 0.25 milligrams of intoxicating | |
| 4191 | + | 128.13cannabinoids; and | |
| 4192 | + | 128.14 (iii) does not contain a synthetically derived cannabinoid. | |
| 4193 | + | 128.15 (c) If a cannabis product, lower-potency hemp edible, or a hemp-derived consumer | |
| 4194 | + | 128.16product is packaged in a manner that includes more than a single serving, each serving must | |
| 4195 | + | 128.17be indicated by scoring, wrapping, or other indicators designating the individual serving | |
| 4196 | + | 128.18size. If the item is a lower-potency hemp edible product, any indicator other than individual | |
| 4197 | + | 128.19wrapping that designates the individual serving size must appear on the lower-potency hemp | |
| 4198 | + | 128.20edible product. | |
| 4199 | + | 128.21 (d) An edible cannabinoid product or lower-potency hemp edible product containing | |
| 4200 | + | 128.22more than a single serving must be prepackaged or placed at the final point of sale in | |
| 4201 | + | 128.23packaging or a container that is resealable. | |
| 4202 | + | 128.24 Subd. 3.Packaging prohibitions.(a) Cannabis flower, cannabis products, lower-potency | |
| 4203 | + | 128.25hemp edibles, or hemp-derived consumer products sold to customers or patients must not | |
| 4204 | + | 128.26be packaged in a manner that: | |
| 4205 | + | 128.27 (1) bears a reasonable resemblance to any commercially available product that does not | |
| 4206 | + | 128.28contain cannabinoids, whether the manufacturer of the product holds a registered trademark | |
| 4207 | + | 128.29or has registered the trade dress; or | |
| 4208 | + | 128.30 (2) is designed to appeal to persons under 21 years of age. | |
| 4199 | 4209 | 128Article 1 Sec. 63. | |
| 4200 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 129.1 Subd. 2.Packaging requirements.(a) Except as provided in paragraph (b), all cannabis | |
| 4201 | - | 129.2flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products | |
| 4202 | - | 129.3sold to customers or patients must be: | |
| 4203 | - | 129.4 (1) prepackaged in packaging or a container that is child-resistant, tamper-evident, and | |
| 4204 | - | 129.5opaque; or | |
| 4205 | - | 129.6 (2) placed in packaging or a container that is plain, child-resistant, tamper-evident, and | |
| 4206 | - | 129.7opaque at the final point of sale to a customer. | |
| 4207 | - | 129.8 (b) The requirement that packaging be child-resistant does not apply to: | |
| 4208 | - | 129.9 (1) a hemp-derived topical product; or | |
| 4209 | - | 129.10 (2) a lower-potency hemp edible that: | |
| 4210 | - | 129.11 (i) contains nonintoxicating cannabinoids; | |
| 4211 | - | 129.12 (ii) does not contain more than a combined total of 0.25 milligrams of intoxicating | |
| 4212 | - | 129.13cannabinoids; and | |
| 4213 | - | 129.14 (iii) does not contain a synthetically derived cannabinoid. | |
| 4214 | - | 129.15 (c) If a cannabis product, lower-potency hemp edible, or a hemp-derived consumer | |
| 4215 | - | 129.16product is packaged in a manner that includes more than a single serving, each serving must | |
| 4216 | - | 129.17be indicated by scoring, wrapping, or other indicators designating the individual serving | |
| 4217 | - | 129.18size. If the item is a lower-potency hemp edible, any indicator other than individual wrapping | |
| 4218 | - | 129.19that designates the individual serving size must appear on the lower-potency hemp edible. | |
| 4219 | - | 129.20 (d) An edible cannabis product or lower-potency hemp edible containing more than a | |
| 4220 | - | 129.21single serving must be prepackaged or placed at the final point of sale in packaging or a | |
| 4221 | - | 129.22container that is resealable. | |
| 4222 | - | 129.23 Subd. 3.Packaging prohibitions.(a) Cannabis flower, cannabis products, lower-potency | |
| 4223 | - | 129.24hemp edibles, or hemp-derived consumer products sold to customers or patients must not | |
| 4224 | - | 129.25be packaged in a manner that: | |
| 4225 | - | 129.26 (1) bears a reasonable resemblance to any commercially available product that does not | |
| 4226 | - | 129.27contain cannabinoids, whether the manufacturer of the product holds a registered trademark | |
| 4227 | - | 129.28or has registered the trade dress; or | |
| 4228 | - | 129.29 (2) is designed to appeal to persons under 21 years of age. | |
| 4229 | - | 129Article 1 Sec. 63. | |
| 4230 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 130.1 (b) Packaging for cannabis flower, cannabis products, lower-potency hemp edibles, and | |
| 4231 | - | 130.2hemp-derived consumer products must not contain or be coated with any perfluoroalkyl | |
| 4232 | - | 130.3substance. | |
| 4233 | - | 130.4 (c) Edible cannabis products and lower-potency hemp edibles must not be packaged in | |
| 4234 | - | 130.5a material that is not approved by the United States Food and Drug Administration for use | |
| 4235 | - | 130.6in packaging food. | |
| 4236 | - | 130.7Sec. 64. [342.62] LABELING. | |
| 4237 | - | 130.8 Subdivision 1.General.All cannabis flower, cannabis products, lower-potency hemp | |
| 4238 | - | 130.9edibles, and hemp-derived consumer products sold to customers or patients must be labeled | |
| 4239 | - | 130.10as required by this section and rules adopted under this chapter. | |
| 4240 | - | 130.11 Subd. 2.Content of label; cannabis.All cannabis flower and hemp-derived consumer | |
| 4241 | - | 130.12products that consist of hemp plant parts sold to customers or patients must have affixed | |
| 4242 | - | 130.13on the packaging or container of the cannabis flower or hemp-derived consumer product a | |
| 4243 | - | 130.14label that contains at least the following information: | |
| 4244 | - | 130.15 (1) the name and license number of the cannabis microbusiness, cannabis mezzobusiness, | |
| 4245 | - | 130.16cannabis cultivator, medical cannabis cultivator, or industrial hemp grower where the | |
| 4246 | - | 130.17cannabis flower or hemp plant part was cultivated; | |
| 4247 | - | 130.18 (2) the net weight or volume of cannabis flower or hemp plant parts in the package or | |
| 4248 | - | 130.19container; | |
| 4249 | - | 130.20 (3) the batch number; | |
| 4250 | - | 130.21 (4) the cannabinoid profile; | |
| 4251 | - | 130.22 (5) a universal symbol established by the office indicating that the package or container | |
| 4252 | - | 130.23contains cannabis flower, a cannabis product, a lower-potency hemp edible, or a | |
| 4253 | - | 130.24hemp-derived consumer product; | |
| 4254 | - | 130.25 (6) verification that the cannabis flower or hemp plant part was tested according to | |
| 4255 | - | 130.26section 342.60 and that the cannabis flower or hemp plant part complies with the applicable | |
| 4256 | - | 130.27standards; | |
| 4257 | - | 130.28 (7) the maximum dose, quantity, or consumption that may be considered medically safe | |
| 4258 | - | 130.29within a 24-hour period; | |
| 4259 | - | 130.30 (8) the following statement: "Keep this product out of reach of children."; and | |
| 4260 | - | 130.31 (9) any other statements or information required by the office. | |
| 4210 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 129.1 (b) Packaging for cannabis flower, cannabis products, lower-potency hemp edibles, and | |
| 4211 | + | 129.2hemp-derived consumer products must not contain or be coated with any perfluoroalkyl | |
| 4212 | + | 129.3substance. | |
| 4213 | + | 129.4 (c) Edible cannabis products and lower-potency hemp edibles must not be packaged in | |
| 4214 | + | 129.5a material that is not approved by the United States Food and Drug Administration for use | |
| 4215 | + | 129.6in packaging food. | |
| 4216 | + | 129.7Sec. 64. [342.62] LABELING. | |
| 4217 | + | 129.8 Subdivision 1.General.All cannabis flower, cannabis products, lower-potency hemp | |
| 4218 | + | 129.9edibles, and hemp-derived consumer products sold to customers or patients must be labeled | |
| 4219 | + | 129.10as required by this section and rules adopted under this chapter. | |
| 4220 | + | 129.11 Subd. 2.Content of label; cannabis.All cannabis flower and hemp-derived consumer | |
| 4221 | + | 129.12products that consist of hemp plant parts sold to customers or patients must have affixed | |
| 4222 | + | 129.13on the packaging or container of the cannabis flower or hemp-derived consumer product a | |
| 4223 | + | 129.14label that contains at least the following information: | |
| 4224 | + | 129.15 (1) the name and license number of the cannabis microbusiness, cannabis mezzobusiness, | |
| 4225 | + | 129.16cannabis cultivator, medical cannabis cultivator, or industrial hemp grower where the | |
| 4226 | + | 129.17cannabis flower or hemp plant part was cultivated; | |
| 4227 | + | 129.18 (2) the net weight or volume of cannabis flower or hemp plant parts in the package or | |
| 4228 | + | 129.19container; | |
| 4229 | + | 129.20 (3) the batch number; | |
| 4230 | + | 129.21 (4) the cannabinoid profile; | |
| 4231 | + | 129.22 (5) a universal symbol established by the office indicating that the package or container | |
| 4232 | + | 129.23contains cannabis flower, a cannabis product, a lower-potency hemp edible, or a | |
| 4233 | + | 129.24hemp-derived consumer product; | |
| 4234 | + | 129.25 (6) verification that the cannabis flower or hemp plant part was tested according to | |
| 4235 | + | 129.26section 342.60 and that the cannabis flower or hemp plant part complies with the applicable | |
| 4236 | + | 129.27standards; | |
| 4237 | + | 129.28 (7) the maximum dose, quantity, or consumption that may be considered medically safe | |
| 4238 | + | 129.29within a 24-hour period; | |
| 4239 | + | 129.30 (8) the following statement: "Keep this product out of reach of children."; and | |
| 4240 | + | 129.31 (9) any other statements or information required by the office. | |
| 4241 | + | 129Article 1 Sec. 64. | |
| 4242 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 130.1 Subd. 3.Content of label; cannabis products.(a) All cannabis products, lower-potency | |
| 4243 | + | 130.2hemp edibles, hemp-derived consumer products other than products subject to the | |
| 4244 | + | 130.3requirements under subdivision 2, medical cannabinoid products, and hemp-derived topical | |
| 4245 | + | 130.4products sold to customers or patients must have affixed to the packaging or container of | |
| 4246 | + | 130.5the cannabis product a label that contains at least the following information: | |
| 4247 | + | 130.6 (1) the name and license number of the cannabis microbusiness, cannabis mezzobusiness, | |
| 4248 | + | 130.7cannabis cultivator, medical cannabis cultivator, or industrial hemp grower that cultivated | |
| 4249 | + | 130.8the cannabis flower or hemp plant parts used in the cannabis product, lower-potency hemp | |
| 4250 | + | 130.9edible, hemp-derived consumer product, or medical cannabinoid product; | |
| 4251 | + | 130.10 (2) the name and license number of the cannabis microbusiness, cannabis mezzobusiness, | |
| 4252 | + | 130.11cannabis manufacturer, lower-potency hemp edible manufacturer, medical cannabis | |
| 4253 | + | 130.12processor, or industrial hemp grower that manufactured the cannabis concentrate or | |
| 4254 | + | 130.13synthetically derived cannabinoid and if different, the name and license number of the | |
| 4255 | + | 130.14cannabis microbusiness, cannabis mezzobusiness, cannabis manufacturer, lower-potency | |
| 4256 | + | 130.15hemp edible manufacturer, or medical cannabis processor that manufactured the cannabinoid | |
| 4257 | + | 130.16product; | |
| 4258 | + | 130.17 (3) the net weight or volume of the cannabis product, lower-potency hemp edible, or | |
| 4259 | + | 130.18hemp-derived consumer product in the package or container; | |
| 4260 | + | 130.19 (4) the type of cannabis product, lower-potency hemp edible, or hemp-derived consumer | |
| 4261 | + | 130.20product; | |
| 4262 | + | 130.21 (5) the batch number; | |
| 4263 | + | 130.22 (6) the serving size; | |
| 4264 | + | 130.23 (7) the cannabinoid profile per serving and in total; | |
| 4265 | + | 130.24 (8) a list of ingredients; | |
| 4266 | + | 130.25 (9) a universal symbol established by the office indicating that the package or container | |
| 4267 | + | 130.26contains cannabis flower, a cannabis product, a lower-potency hemp edible, or a | |
| 4268 | + | 130.27hemp-derived consumer product; | |
| 4269 | + | 130.28 (10) a warning symbol developed by the office in consultation with the commissioner | |
| 4270 | + | 130.29of health and the Minnesota Poison Control System that: | |
| 4271 | + | 130.30 (i) is at least three-quarters of an inch tall and six-tenths of an inch wide; | |
| 4272 | + | 130.31 (ii) is in a highly visible color; | |
| 4261 | 4273 | 130Article 1 Sec. 64. | |
| 4262 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 131.1 Subd. 3.Content of label; cannabis products.(a) All cannabis products, lower-potency | |
| 4263 | - | 131.2hemp edibles, hemp-derived consumer products other than products subject to the | |
| 4264 | - | 131.3requirements under subdivision 2, medical cannabinoid products, and hemp-derived topical | |
| 4265 | - | 131.4products sold to customers or patients must have affixed to the packaging or container of | |
| 4266 | - | 131.5the cannabis product a label that contains at least the following information: | |
| 4267 | - | 131.6 (1) the name and license number of the cannabis microbusiness, cannabis mezzobusiness, | |
| 4268 | - | 131.7cannabis cultivator, medical cannabis cultivator, or industrial hemp grower that cultivated | |
| 4269 | - | 131.8the cannabis flower or hemp plant parts used in the cannabis product, lower-potency hemp | |
| 4270 | - | 131.9edible, hemp-derived consumer product, or medical cannabinoid product; | |
| 4271 | - | 131.10 (2) the name and license number of the cannabis microbusiness, cannabis mezzobusiness, | |
| 4272 | - | 131.11cannabis manufacturer, lower-potency hemp edible manufacturer, medical cannabis | |
| 4273 | - | 131.12processor, or industrial hemp grower that manufactured the cannabis concentrate or | |
| 4274 | - | 131.13synthetically derived cannabinoid and if different, the name and license number of the | |
| 4275 | - | 131.14cannabis microbusiness, cannabis mezzobusiness, cannabis manufacturer, lower-potency | |
| 4276 | - | 131.15hemp edible manufacturer, or medical cannabis processor that manufactured the cannabinoid | |
| 4277 | - | 131.16product; | |
| 4278 | - | 131.17 (3) the net weight or volume of the cannabis product, lower-potency hemp edible, or | |
| 4279 | - | 131.18hemp-derived consumer product in the package or container; | |
| 4280 | - | 131.19 (4) the type of cannabis product, lower-potency hemp edible, or hemp-derived consumer | |
| 4281 | - | 131.20product; | |
| 4282 | - | 131.21 (5) the batch number; | |
| 4283 | - | 131.22 (6) the serving size; | |
| 4284 | - | 131.23 (7) the cannabinoid profile per serving and in total; | |
| 4285 | - | 131.24 (8) a list of ingredients; | |
| 4286 | - | 131.25 (9) a universal symbol established by the office indicating that the package or container | |
| 4287 | - | 131.26contains cannabis flower, a cannabis product, a lower-potency hemp edible, or a | |
| 4288 | - | 131.27hemp-derived consumer product; | |
| 4289 | - | 131.28 (10) a warning symbol developed by the office in consultation with the commissioner | |
| 4290 | - | 131.29of health and the Minnesota Poison Control System that: | |
| 4291 | - | 131.30 (i) is at least three-quarters of an inch tall and six-tenths of an inch wide; | |
| 4292 | - | 131.31 (ii) is in a highly visible color; | |
| 4274 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 131.1 (iii) includes a visual element that is commonly understood to mean a person should | |
| 4275 | + | 131.2stop; | |
| 4276 | + | 131.3 (iv) indicates that the product is not for children; and | |
| 4277 | + | 131.4 (v) includes the phone number of the Minnesota Poison Control System; | |
| 4278 | + | 131.5 (11) verification that the cannabis product, lower-potency hemp edible, hemp-derived | |
| 4279 | + | 131.6consumer product, or medical cannabinoid product was tested according to section 342.60 | |
| 4280 | + | 131.7and that the cannabis product, lower-potency hemp edible, hemp-derived consumer product, | |
| 4281 | + | 131.8or medical cannabinoid product complies with the applicable standards; | |
| 4282 | + | 131.9 (12) the maximum dose, quantity, or consumption that may be considered medically | |
| 4283 | + | 131.10safe within a 24-hour period; | |
| 4284 | + | 131.11 (13) the following statement: "Keep this product out of reach of children."; and | |
| 4285 | + | 131.12 (14) any other statements or information required by the office. | |
| 4286 | + | 131.13 (b) The office may by rule establish alternative labeling requirements for lower-potency | |
| 4287 | + | 131.14edible products that are imported into the state provided that those requirements provide | |
| 4288 | + | 131.15consumers with information that is substantially similar to the information described in | |
| 4289 | + | 131.16paragraph (a). | |
| 4290 | + | 131.17 Subd. 4.Additional content of label; medical cannabis flower and medical | |
| 4291 | + | 131.18cannabinoid products.In addition to the applicable requirements for labeling under | |
| 4292 | + | 131.19subdivision 2 or 3, all medical cannabis flower and medical cannabinoid products must | |
| 4293 | + | 131.20include at least the following information on the label affixed to the packaging or container | |
| 4294 | + | 131.21of the medical cannabis flower or medical cannabinoid product: | |
| 4295 | + | 131.22 (1) the patient's name and date of birth; | |
| 4296 | + | 131.23 (2) the name and date of birth of the patient's registered designated caregiver or, if listed | |
| 4297 | + | 131.24on the registry verification, the name of the patient's parent, legal guardian, or spouse, if | |
| 4298 | + | 131.25applicable; and | |
| 4299 | + | 131.26 (3) the patient's registry identification number. | |
| 4300 | + | 131.27 Subd. 5.Content of label; hemp-derived topical products.(a) All hemp-derived topical | |
| 4301 | + | 131.28products sold to customers must have affixed to the packaging or container of the product | |
| 4302 | + | 131.29a label that contains at least the following information: | |
| 4303 | + | 131.30 (1) the manufacturer name, location, phone number, and website; | |
| 4293 | 4304 | 131Article 1 Sec. 64. | |
| 4294 | - | S0073- | |
| 4295 | - | 132. | |
| 4296 | - | 132.3 ( | |
| 4297 | - | 132.4 ( | |
| 4298 | - | 132.5 ( | |
| 4299 | - | 132. | |
| 4300 | - | 132. | |
| 4301 | - | 132. | |
| 4302 | - | 132. | |
| 4303 | - | 132. | |
| 4304 | - | 132.11 ( | |
| 4305 | - | 132.12 ( | |
| 4306 | - | 132. | |
| 4307 | - | 132. | |
| 4308 | - | 132. | |
| 4309 | - | 132. | |
| 4310 | - | 132. | |
| 4311 | - | 132. | |
| 4312 | - | 132. | |
| 4313 | - | 132. | |
| 4314 | - | 132. | |
| 4315 | - | 132. | |
| 4316 | - | 132. | |
| 4317 | - | 132. | |
| 4318 | - | 132. | |
| 4319 | - | 132. | |
| 4320 | - | 132. | |
| 4321 | - | 132. | |
| 4322 | - | 132. | |
| 4323 | - | 132. | |
| 4305 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 132.1 (2) the name and address of the independent, accredited laboratory used by the | |
| 4306 | + | 132.2manufacturer to test the product; | |
| 4307 | + | 132.3 (3) the net weight or volume of the product in the package or container; | |
| 4308 | + | 132.4 (4) the type of topical product; | |
| 4309 | + | 132.5 (5) the amount or percentage of cannabidiol, cannabigerol, or any other cannabinoid, | |
| 4310 | + | 132.6derivative, or extract of hemp, per serving and in total; | |
| 4311 | + | 132.7 (6) a list of ingredients; | |
| 4312 | + | 132.8 (7) a statement that the product does not claim to diagnose, treat, cure, or prevent any | |
| 4313 | + | 132.9disease and that the product has not been evaluated or approved by the United States Food | |
| 4314 | + | 132.10and Drug Administration, unless the product has been so approved; and | |
| 4315 | + | 132.11 (8) any other statements or information required by the office. | |
| 4316 | + | 132.12 (b) The information required in paragraph (a), clauses (1), (2), and (5), may be provided | |
| 4317 | + | 132.13through the use of a scannable barcode or matrix barcode that links to a page on a website | |
| 4318 | + | 132.14maintained by the manufacturer or distributor if that page contains all of the information | |
| 4319 | + | 132.15required by this subdivision. | |
| 4320 | + | 132.16 Subd. 6.Additional information.A cannabis microbusiness, cannabis mezzobusiness, | |
| 4321 | + | 132.17cannabis retailer, or medical cannabis retailer must provide customers and patients with the | |
| 4322 | + | 132.18following information by including the information on the label affixed to the packaging | |
| 4323 | + | 132.19or container of cannabis flower, a cannabis product, or a hemp-derived consumer product; | |
| 4324 | + | 132.20by posting the information in the premises of the cannabis microbusiness, cannabis | |
| 4325 | + | 132.21mezzobusiness, cannabis retailer, or medical cannabis retailer; by providing the information | |
| 4326 | + | 132.22on a separate document or pamphlet provided to customers or patients when the customer | |
| 4327 | + | 132.23purchases cannabis flower, a cannabis product, a lower-potency hemp edible, or a | |
| 4328 | + | 132.24hemp-derived consumer product: | |
| 4329 | + | 132.25 (1) factual information about impairment effects and the expected timing of impairment | |
| 4330 | + | 132.26effects, side effects, adverse effects, and health risks of cannabis flower, cannabis products, | |
| 4331 | + | 132.27lower-potency hemp edibles, and hemp-derived consumer products; | |
| 4332 | + | 132.28 (2) a statement that customers and patients must not operate a motor vehicle or heavy | |
| 4333 | + | 132.29machinery while under the influence of cannabis flower, cannabis products, lower-potency | |
| 4334 | + | 132.30hemp edibles, or hemp-derived consumer products; | |
| 4324 | 4335 | 132Article 1 Sec. 64. | |
| 4325 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 133.1 (2) the name and address of the independent, accredited laboratory used by the | |
| 4326 | - | 133.2manufacturer to test the product; | |
| 4327 | - | 133.3 (3) the net weight or volume of the product in the package or container; | |
| 4328 | - | 133.4 (4) the type of topical product; | |
| 4329 | - | 133.5 (5) the amount or percentage of cannabidiol, cannabigerol, or any other cannabinoid, | |
| 4330 | - | 133.6derivative, or extract of hemp, per serving and in total; | |
| 4331 | - | 133.7 (6) a list of ingredients; | |
| 4332 | - | 133.8 (7) a statement that the product does not claim to diagnose, treat, cure, or prevent any | |
| 4333 | - | 133.9disease and that the product has not been evaluated or approved by the United States Food | |
| 4334 | - | 133.10and Drug Administration, unless the product has been so approved; and | |
| 4335 | - | 133.11 (8) any other statements or information required by the office. | |
| 4336 | - | 133.12 (b) The information required in paragraph (a), clauses (1), (2), and (5), may be provided | |
| 4337 | - | 133.13through the use of a scannable barcode or matrix barcode that links to a page on a website | |
| 4338 | - | 133.14maintained by the manufacturer or distributor if that page contains all of the information | |
| 4339 | - | 133.15required by this subdivision. | |
| 4340 | - | 133.16 Subd. 6.Additional information.A cannabis microbusiness, cannabis mezzobusiness, | |
| 4341 | - | 133.17cannabis retailer, or medical cannabis retailer must provide customers and patients with the | |
| 4342 | - | 133.18following information by including the information on the label affixed to the packaging | |
| 4343 | - | 133.19or container of cannabis flower, a cannabis product, or a hemp-derived consumer product; | |
| 4344 | - | 133.20by posting the information in the premises of the cannabis microbusiness, cannabis | |
| 4345 | - | 133.21mezzobusiness, cannabis retailer, or medical cannabis retailer; by providing the information | |
| 4346 | - | 133.22on a separate document or pamphlet provided to customers or patients when the customer | |
| 4347 | - | 133.23purchases cannabis flower, a cannabis product, a lower-potency hemp edible, or a | |
| 4348 | - | 133.24hemp-derived consumer product: | |
| 4349 | - | 133.25 (1) factual information about impairment effects and the expected timing of impairment | |
| 4350 | - | 133.26effects, side effects, adverse effects, and health risks of cannabis flower, cannabis products, | |
| 4351 | - | 133.27lower-potency hemp edibles, and hemp-derived consumer products; | |
| 4352 | - | 133.28 (2) a statement that customers and patients must not operate a motor vehicle or heavy | |
| 4353 | - | 133.29machinery while under the influence of cannabis flower, cannabis products, lower-potency | |
| 4354 | - | 133.30hemp edibles, or hemp-derived consumer products; | |
| 4355 | - | 133Article 1 Sec. 64. | |
| 4356 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 134.1 (3) resources customers and patients may consult to answer questions about cannabis | |
| 4357 | - | 134.2flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer | |
| 4358 | - | 134.3products, and any side effects and adverse effects; | |
| 4359 | - | 134.4 (4) contact information for the poison control center and a safety hotline or website for | |
| 4360 | - | 134.5customers to report and obtain advice about side effects and adverse effects of cannabis | |
| 4361 | - | 134.6flower and cannabis products; | |
| 4362 | - | 134.7 (5) substance abuse disorder treatment options; and | |
| 4363 | - | 134.8 (6) any other information specified by the office. | |
| 4364 | - | 134.9All labels affixed to the packaging of cannabis flower, cannabis products, lower-potency | |
| 4365 | - | 134.10hemp edibles, and hemp-derived consumer products sold to customers or patients must | |
| 4366 | - | 134.11include the following warning: "Cannabis can harm your health, and your baby's health if | |
| 4367 | - | 134.12you are pregnant." | |
| 4368 | - | 134.13Sec. 65. [342.63] ADVERTISEMENT. | |
| 4369 | - | 134.14 Subdivision 1.Limitations applicable to all advertisements.No cannabis business, | |
| 4370 | - | 134.15hemp business, or other person shall publish or cause to be published an advertisement for | |
| 4371 | - | 134.16cannabis flower, a cannabis business, a hemp business, a cannabis product, a lower-potency | |
| 4372 | - | 134.17hemp edible, or a hemp-derived consumer product in a manner that: | |
| 4373 | - | 134.18 (1) contains false or misleading statements; | |
| 4374 | - | 134.19 (2) contains unverified claims about the health or therapeutic benefits or effects of | |
| 4375 | - | 134.20consuming cannabis or a cannabis product; | |
| 4376 | - | 134.21 (3) promotes the overconsumption of cannabis flower, cannabis products, or hemp-derived | |
| 4377 | - | 134.22consumer products; | |
| 4378 | - | 134.23 (4) depicts a person under 21 years of age consuming cannabis flower, a cannabis product, | |
| 4379 | - | 134.24a lower-potency hemp edible, or a hemp-derived consumer product; | |
| 4380 | - | 134.25 (5) includes an image designed or likely to appeal to individuals under 21 years of age, | |
| 4381 | - | 134.26including cartoons, toys, animals, or children, or any other likeness to images, characters, | |
| 4382 | - | 134.27or phrases that is designed to be appealing to individuals under 21 years of age or encourage | |
| 4383 | - | 134.28consumption by individuals under 21 years of age; or | |
| 4384 | - | 134.29 (6) does not contain a warning as specified by the office regarding impairment and health | |
| 4385 | - | 134.30risks, including driving while impaired, side effects, adverse reactions, and pregnancy | |
| 4386 | - | 134.31complications. | |
| 4336 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 133.1 (3) resources customers and patients may consult to answer questions about cannabis | |
| 4337 | + | 133.2flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer | |
| 4338 | + | 133.3products, and any side effects and adverse effects; | |
| 4339 | + | 133.4 (4) contact information for the poison control center and a safety hotline or website for | |
| 4340 | + | 133.5customers to report and obtain advice about side effects and adverse effects of cannabis | |
| 4341 | + | 133.6flower and cannabis products; | |
| 4342 | + | 133.7 (5) substance abuse disorder treatment options; and | |
| 4343 | + | 133.8 (6) any other information specified by the office. | |
| 4344 | + | 133.9All labels affixed to the packaging of cannabis flower, cannabis products, lower-potency | |
| 4345 | + | 133.10hemp edibles, and hemp-derived consumer products sold to customers or patients must | |
| 4346 | + | 133.11include the following warning: "Cannabis can harm your health, and your baby's health if | |
| 4347 | + | 133.12you are pregnant." | |
| 4348 | + | 133.13Sec. 65. [342.63] ADVERTISEMENT. | |
| 4349 | + | 133.14 Subdivision 1.Limitations applicable to all advertisements.No cannabis business, | |
| 4350 | + | 133.15hemp business, or other person shall publish or cause to be published an advertisement for | |
| 4351 | + | 133.16cannabis flower, a cannabis business, a hemp business, a cannabis product, a lower-potency | |
| 4352 | + | 133.17hemp edible, or a hemp-derived consumer product in a manner that: | |
| 4353 | + | 133.18 (1) contains false or misleading statements; | |
| 4354 | + | 133.19 (2) contains unverified claims about the health or therapeutic benefits or effects of | |
| 4355 | + | 133.20consuming cannabis or a cannabis product; | |
| 4356 | + | 133.21 (3) promotes the overconsumption of cannabis flower, cannabinoid products, or | |
| 4357 | + | 133.22hemp-derived consumer products; | |
| 4358 | + | 133.23 (4) depicts a person under 21 years of age consuming cannabis flower, a cannabis product, | |
| 4359 | + | 133.24a lower-potency hemp edible, or a hemp-derived consumer product; | |
| 4360 | + | 133.25 (5) includes an image designed or likely to appeal to individuals under 21 years of age, | |
| 4361 | + | 133.26including cartoons, toys, animals, or children, or any other likeness to images, characters, | |
| 4362 | + | 133.27or phrases that is designed to be appealing to individuals under 21 years of age or encourage | |
| 4363 | + | 133.28consumption by individuals under 21 years of age; or | |
| 4364 | + | 133.29 (6) does not contain a warning as specified by the office regarding impairment and health | |
| 4365 | + | 133.30risks, including driving while impaired, side effects, adverse reactions, and pregnancy | |
| 4366 | + | 133.31complications. | |
| 4367 | + | 133Article 1 Sec. 65. | |
| 4368 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 134.1 Subd. 2.Outdoor advertisements; cannabis business signs.(a) A cannabis business | |
| 4369 | + | 134.2or hemp business may erect or utilize an outdoor advertisement of a cannabis business, a | |
| 4370 | + | 134.3hemp business, cannabis flower, a cannabis product, a lower-potency hemp edible, or a | |
| 4371 | + | 134.4hemp-derived consumer product. | |
| 4372 | + | 134.5 (b) A cannabis business may erect up to two fixed outdoor signs on the exterior of the | |
| 4373 | + | 134.6building or property of the cannabis business or hemp business. A fixed outdoor sign: | |
| 4374 | + | 134.7 (1) may contain the name of the cannabis business or hemp business and the address | |
| 4375 | + | 134.8and nature of the cannabis business or hemp business; and | |
| 4376 | + | 134.9 (2) shall not include a logo or an image of any kind. | |
| 4377 | + | 134.10 (c) All outdoor advertisements on land adjacent to an interstate or trunk highway must | |
| 4378 | + | 134.11comply with the requirements of chapter 173. | |
| 4379 | + | 134.12 Subd. 3.Audience under 21 years of age.Except as provided in subdivision 2, a | |
| 4380 | + | 134.13cannabis business, hemp business, or other person shall not publish or cause to be published | |
| 4381 | + | 134.14an advertisement for a cannabis business, a hemp business, cannabis flower, a cannabis | |
| 4382 | + | 134.15product, a lower-potency hemp edible, or a hemp-derived consumer product in any print | |
| 4383 | + | 134.16publication or on radio, television, or any other medium if 30 percent or more of the audience | |
| 4384 | + | 134.17of that medium is reasonably expected to be individuals who are under 21 years of age, as | |
| 4385 | + | 134.18determined by reliable, current audience composition data. | |
| 4386 | + | 134.19 Subd. 4.Certain unsolicited advertising.A cannabis business, hemp business, or | |
| 4387 | + | 134.20another person shall not utilize unsolicited pop-up advertisements on the internet to advertise | |
| 4388 | + | 134.21a cannabis business, a hemp business, cannabis flower, a cannabis product, a lower-potency | |
| 4389 | + | 134.22hemp edible, or a hemp-derived consumer product. | |
| 4390 | + | 134.23 Subd. 5.Advertising using direct, individualized communication or dialogue.Before | |
| 4391 | + | 134.24a cannabis business, hemp business, or another person may advertise a cannabis business, | |
| 4392 | + | 134.25a hemp business, cannabis flower, a cannabis product, a lower-potency hemp edible, or a | |
| 4393 | + | 134.26hemp-derived consumer product through direct, individualized communication or dialogue | |
| 4394 | + | 134.27controlled by the cannabis business, hemp business, or other person, the cannabis business, | |
| 4395 | + | 134.28hemp business, or other person must use a method of age affirmation to verify that the | |
| 4396 | + | 134.29recipient of the direct, individualized communication or dialogue is 21 years of age or older. | |
| 4397 | + | 134.30For purposes of this subdivision, the method of age affirmation may include user | |
| 4398 | + | 134.31confirmation, birth date disclosure, or another similar registration method. | |
| 4399 | + | 134.32 Subd. 6.Advertising using location-based devices.A cannabis business, hemp business, | |
| 4400 | + | 134.33or another person shall not advertise a cannabis business, a hemp business, cannabis flower, | |
| 4387 | 4401 | 134Article 1 Sec. 65. | |
| 4388 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 135.1 Subd. 2.Outdoor advertisements; cannabis business signs.(a) A cannabis business | |
| 4389 | - | 135.2or hemp business may erect or utilize an outdoor advertisement of a cannabis business, a | |
| 4390 | - | 135.3hemp business, cannabis flower, a cannabis product, a lower-potency hemp edible, or a | |
| 4391 | - | 135.4hemp-derived consumer product. | |
| 4392 | - | 135.5 (b) A cannabis business may erect up to two fixed outdoor signs on the exterior of the | |
| 4393 | - | 135.6building or property of the cannabis business or hemp business. A fixed outdoor sign: | |
| 4394 | - | 135.7 (1) may contain the name of the cannabis business or hemp business and the address | |
| 4395 | - | 135.8and nature of the cannabis business or hemp business; and | |
| 4396 | - | 135.9 (2) shall not include a logo or an image of any kind. | |
| 4397 | - | 135.10 (c) All outdoor advertisements on land adjacent to an interstate or trunk highway must | |
| 4398 | - | 135.11comply with the requirements of chapter 173. | |
| 4399 | - | 135.12 Subd. 3.Audience under 21 years of age.Except as provided in subdivision 2, a | |
| 4400 | - | 135.13cannabis business, hemp business, or other person shall not publish or cause to be published | |
| 4401 | - | 135.14an advertisement for a cannabis business, a hemp business, cannabis flower, a cannabis | |
| 4402 | - | 135.15product, a lower-potency hemp edible, or a hemp-derived consumer product in any print | |
| 4403 | - | 135.16publication or on radio, television, or any other medium if 30 percent or more of the audience | |
| 4404 | - | 135.17of that medium is reasonably expected to be individuals who are under 21 years of age, as | |
| 4405 | - | 135.18determined by reliable, current audience composition data. | |
| 4406 | - | 135.19 Subd. 4.Certain unsolicited advertising.A cannabis business, hemp business, or | |
| 4407 | - | 135.20another person shall not utilize unsolicited pop-up advertisements on the internet to advertise | |
| 4408 | - | 135.21a cannabis business, a hemp business, cannabis flower, a cannabis product, a lower-potency | |
| 4409 | - | 135.22hemp edible, or a hemp-derived consumer product. | |
| 4410 | - | 135.23 Subd. 5.Advertising using direct, individualized communication or dialogue.Before | |
| 4411 | - | 135.24a cannabis business, hemp business, or another person may advertise a cannabis business, | |
| 4412 | - | 135.25a hemp business, cannabis flower, a cannabis product, a lower-potency hemp edible, or a | |
| 4413 | - | 135.26hemp-derived consumer product through direct, individualized communication or dialogue | |
| 4414 | - | 135.27controlled by the cannabis business, hemp business, or other person, the cannabis business, | |
| 4415 | - | 135.28hemp business, or other person must use a method of age affirmation to verify that the | |
| 4416 | - | 135.29recipient of the direct, individualized communication or dialogue is 21 years of age or older. | |
| 4417 | - | 135.30For purposes of this subdivision, the method of age affirmation may include user | |
| 4418 | - | 135.31confirmation, birth date disclosure, or another similar registration method. | |
| 4419 | - | 135.32 Subd. 6.Advertising using location-based devices.A cannabis business, hemp business, | |
| 4420 | - | 135.33or another person shall not advertise a cannabis business, a hemp business, cannabis flower, | |
| 4421 | - | 135Article 1 Sec. 65. | |
| 4422 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 136.1a cannabis product, a lower-potency hemp edible, or a hemp-derived consumer product | |
| 4423 | - | 136.2with advertising directed toward location-based devices, including but not limited to cellular | |
| 4424 | - | 136.3telephones, unless the owner of the device is 21 years of age or older. | |
| 4425 | - | 136.4 Subd. 7.Advertising restrictions for health care practitioners under the medical | |
| 4426 | - | 136.5cannabis program.(a) A health care practitioner shall not publish or cause to be published | |
| 4427 | - | 136.6an advertisement that: | |
| 4428 | - | 136.7 (1) contains false or misleading statements about the registry program; | |
| 4429 | - | 136.8 (2) uses colloquial terms to refer to medical cannabis flower or medical cannabinoid | |
| 4430 | - | 136.9products, such as pot, weed, or grass; | |
| 4431 | - | 136.10 (3) states or implies that the health care practitioner is endorsed by the office, the Division | |
| 4432 | - | 136.11of Medical Cannabis, or the registry program; | |
| 4433 | - | 136.12 (4) includes images of cannabis flower, hemp plant parts, or images of paraphernalia | |
| 4434 | - | 136.13commonly used to smoke cannabis flower; | |
| 4435 | - | 136.14 (5) contains medical symbols that could reasonably be confused with symbols of | |
| 4436 | - | 136.15established medical associations or groups; or | |
| 4437 | - | 136.16 (6) does not contain a warning as specified by the office regarding impairment and health | |
| 4438 | - | 136.17risks, including driving while impaired, side effects, adverse reactions, and pregnancy | |
| 4439 | - | 136.18complications. | |
| 4440 | - | 136.19 (b) A health care practitioner found by the office to have violated this subdivision is | |
| 4441 | - | 136.20prohibited from certifying that patients have a qualifying medical condition for purposes | |
| 4442 | - | 136.21of patient participation in the registry program. A decision by the office that a health care | |
| 4443 | - | 136.22practitioner has violated this subdivision is a final decision and is not subject to the contested | |
| 4444 | - | 136.23case procedures in chapter 14. | |
| 4445 | - | 136.24Sec. 66. [342.64] INDUSTRIAL HEMP. | |
| 4446 | - | 136.25 Nothing in this chapter shall limit the ability of a person licensed under chapter 18K to | |
| 4447 | - | 136.26grow industrial hemp for commercial or research purposes, process industrial hemp for | |
| 4448 | - | 136.27commercial purposes, sell hemp fiber products and hemp grain, manufacture hemp-derived | |
| 4449 | - | 136.28topical products, or perform any other actions authorized by the commissioner of agriculture. | |
| 4450 | - | 136.29For purposes of this section, "processing" has the meaning given in section 18K.02, | |
| 4451 | - | 136.30subdivision 5, and does not include the process of creating synthetically derived cannabinoids. | |
| 4452 | - | 136Article 1 Sec. 66. | |
| 4453 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 137.1Sec. 67. [342.65] LEGAL ASSISTANCE TO CANNABIS BUSINESSES. | |
| 4454 | - | 137.2 An attorney must not be subject to disciplinary action by the Minnesota Supreme Court | |
| 4455 | - | 137.3or professional responsibility board for providing legal assistance to prospective or licensed | |
| 4456 | - | 137.4cannabis businesses, hemp businesses, or others for activities that do not violate this chapter | |
| 4457 | - | 137.5or chapter 152. | |
| 4458 | - | 137.6Sec. 68. [342.66] HEMP-DERIVED TOPICAL PRODUCTS. | |
| 4459 | - | 137.7 Subdivision 1.Scope.This section applies to the manufacture, marketing, distribution, | |
| 4460 | - | 137.8and sale of hemp-derived topical products. | |
| 4461 | - | 137.9 Subd. 2.Approved cannabinoids.(a) Products manufactured, marketed, distributed, | |
| 4462 | - | 137.10and sold under this section may contain cannabidiol or cannabigerol. Except as provided | |
| 4463 | - | 137.11in paragraph (c), products may not contain any other cannabinoid unless approved by the | |
| 4464 | - | 137.12office. | |
| 4465 | - | 137.13 (b) The office may approve any cannabinoid, other than any tetrahydrocannabinol, and | |
| 4466 | - | 137.14authorize its use in manufacturing, marketing, distribution, and sales under this section if | |
| 4467 | - | 137.15the office determines that the cannabinoid is a nonintoxicating cannabinoid. | |
| 4468 | - | 137.16 (c) A product manufactured, marketed, distributed, and sold under this section may | |
| 4469 | - | 137.17contain cannabinoids other than cannabidiol, cannabigerol, or any other cannabinoid approved | |
| 4470 | - | 137.18by the office provided that the cannabinoids are naturally occurring in hemp plants or hemp | |
| 4471 | - | 137.19plant parts and the total of all other cannabinoids present in a product does not exceed one | |
| 4472 | - | 137.20milligram per package. | |
| 4473 | - | 137.21 Subd. 3.Approved products.Products sold to consumers under this section may only | |
| 4474 | - | 137.22be manufactured, marketed, distributed, intended, or generally expected to be used by | |
| 4475 | - | 137.23applying the product externally to a part of the body of a human or animal. | |
| 4476 | - | 137.24 Subd. 4.Labeling.Hemp-derived topical products must meet the labeling requirements | |
| 4477 | - | 137.25in section 342.62, subdivision 5. | |
| 4478 | - | 137.26 Subd. 5.Prohibitions.(a) A product sold to consumers under this section must not be | |
| 4479 | - | 137.27manufactured, marketed, distributed, or intended: | |
| 4480 | - | 137.28 (1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention | |
| 4481 | - | 137.29of disease in humans or other animals; | |
| 4482 | - | 137.30 (2) to affect the structure or any function of the bodies of humans or other animals; | |
| 4483 | - | 137.31 (3) to be consumed by combustion or vaporization of the product and inhalation of | |
| 4484 | - | 137.32smoke, aerosol, or vapor from the product; | |
| 4485 | - | 137Article 1 Sec. 68. | |
| 4486 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 138.1 (4) to be consumed through chewing; or | |
| 4487 | - | 138.2 (5) to be consumed through injection or application to a mucous membrane or nonintact | |
| 4488 | - | 138.3skin. | |
| 4489 | - | 138.4 (b) A product manufactured, marketed, distributed, or sold to consumers under this | |
| 4490 | - | 138.5section must not: | |
| 4491 | - | 138.6 (1) consist, in whole or in part, of any filthy, putrid, or decomposed substance; | |
| 4492 | - | 138.7 (2) have been produced, prepared, packed, or held under unsanitary conditions where | |
| 4493 | - | 138.8the product may have been rendered injurious to health, or where the product may have | |
| 4494 | - | 138.9been contaminated with filth; | |
| 4495 | - | 138.10 (3) be packaged in a container that is composed, in whole or in part, of any poisonous | |
| 4496 | - | 138.11or deleterious substance that may render the contents injurious to health; | |
| 4497 | - | 138.12 (4) contain any additives or excipients that have been found by the United States Food | |
| 4498 | - | 138.13and Drug Administration to be unsafe for human or animal consumption; | |
| 4499 | - | 138.14 (5) contain a cannabinoid or an amount or percentage of cannabinoids that is different | |
| 4500 | - | 138.15than the information stated on the label; | |
| 4501 | - | 138.16 (6) contain a cannabinoid, other than cannabidiol, cannabigerol, or a cannabinoid | |
| 4502 | - | 138.17approved by the office, in an amount that exceeds the standard established in subdivision | |
| 4503 | - | 138.182, paragraph (c); or | |
| 4504 | - | 138.19 (7) contain any contaminants for which testing is required by the office in amounts that | |
| 4505 | - | 138.20exceed the acceptable minimum standards established by the office. | |
| 4506 | - | 138.21 (c) No product containing any cannabinoid may be sold to any individual who is under | |
| 4507 | - | 138.2221 years of age. | |
| 4508 | - | 138.23 Subd. 6.Enforcement.The office may enforce this section under the relevant provisions | |
| 4509 | - | 138.24of section 342.17. | |
| 4510 | - | 138.25Sec. 69. [342.67] CANNABIS INDUSTRY COMMUNITY RENEWAL GRANTS. | |
| 4511 | - | 138.26 Subdivision 1.Establishment.The Office of Cannabis Management shall establish | |
| 4512 | - | 138.27CanRenew, a program to award grants to eligible organizations for investments in | |
| 4513 | - | 138.28communities where long-term residents are eligible to be social equity applicants. | |
| 4514 | - | 138.29 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the | |
| 4515 | - | 138.30meanings given. | |
| 4402 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 135.1a cannabis product, a lower-potency hemp edible, or a hemp-derived consumer product | |
| 4403 | + | 135.2with advertising directed toward location-based devices, including but not limited to cellular | |
| 4404 | + | 135.3telephones, unless the owner of the device is 21 years of age or older. | |
| 4405 | + | 135.4 Subd. 7.Advertising restrictions for health care practitioners under the medical | |
| 4406 | + | 135.5cannabis program.(a) A health care practitioner shall not publish or cause to be published | |
| 4407 | + | 135.6an advertisement that: | |
| 4408 | + | 135.7 (1) contains false or misleading statements about the registry program; | |
| 4409 | + | 135.8 (2) uses colloquial terms to refer to medical cannabis flower or medical cannabinoid | |
| 4410 | + | 135.9products, such as pot, weed, or grass; | |
| 4411 | + | 135.10 (3) states or implies that the health care practitioner is endorsed by the office, the Division | |
| 4412 | + | 135.11of Medical Cannabis, or the registry program; | |
| 4413 | + | 135.12 (4) includes images of cannabis flower, hemp plant parts, or images of paraphernalia | |
| 4414 | + | 135.13commonly used to smoke cannabis flower; | |
| 4415 | + | 135.14 (5) contains medical symbols that could reasonably be confused with symbols of | |
| 4416 | + | 135.15established medical associations or groups; or | |
| 4417 | + | 135.16 (6) does not contain a warning as specified by the office regarding impairment and health | |
| 4418 | + | 135.17risks, including driving while impaired, side effects, adverse reactions, and pregnancy | |
| 4419 | + | 135.18complications. | |
| 4420 | + | 135.19 (b) A health care practitioner found by the office to have violated this subdivision is | |
| 4421 | + | 135.20prohibited from certifying that patients have a qualifying medical condition for purposes | |
| 4422 | + | 135.21of patient participation in the registry program. A decision by the office that a health care | |
| 4423 | + | 135.22practitioner has violated this subdivision is a final decision and is not subject to the contested | |
| 4424 | + | 135.23case procedures in chapter 14. | |
| 4425 | + | 135.24Sec. 66. [342.64] INDUSTRIAL HEMP. | |
| 4426 | + | 135.25 Nothing in this chapter shall limit the ability of a person licensed under chapter 18K to | |
| 4427 | + | 135.26grow industrial hemp for commercial or research purposes, process industrial hemp for | |
| 4428 | + | 135.27commercial purposes, sell hemp fiber products and hemp grain, manufacture hemp-derived | |
| 4429 | + | 135.28topical products, or perform any other actions authorized by the commissioner of agriculture. | |
| 4430 | + | 135.29For purposes of this section, "processing" has the meaning given in section 18K.02, | |
| 4431 | + | 135.30subdivision 5, and does not include the process of creating synthetically derived cannabinoids. | |
| 4432 | + | 135Article 1 Sec. 66. | |
| 4433 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 136.1Sec. 67. [342.65] LEGAL ASSISTANCE TO CANNABIS BUSINESSES. | |
| 4434 | + | 136.2 An attorney must not be subject to disciplinary action by the Minnesota Supreme Court | |
| 4435 | + | 136.3or professional responsibility board for providing legal assistance to prospective or licensed | |
| 4436 | + | 136.4cannabis businesses, hemp businesses, or others for activities that do not violate this chapter | |
| 4437 | + | 136.5or chapter 152. | |
| 4438 | + | 136.6Sec. 68. [342.66] HEMP-DERIVED TOPICAL PRODUCTS. | |
| 4439 | + | 136.7 Subdivision 1.Scope.This section applies to the manufacture, marketing, distribution, | |
| 4440 | + | 136.8and sale of hemp-derived topical products. | |
| 4441 | + | 136.9 Subd. 2.Approved cannabinoids.(a) Products manufactured, marketed, distributed, | |
| 4442 | + | 136.10and sold under this section may contain cannabidiol or cannabigerol. Except as provided | |
| 4443 | + | 136.11in paragraph (c), products may not contain any other cannabinoid unless approved by the | |
| 4444 | + | 136.12office. | |
| 4445 | + | 136.13 (b) The office may approve any cannabinoid, other than any tetrahydrocannabinol, and | |
| 4446 | + | 136.14authorize its use in manufacturing, marketing, distribution, and sales under this section if | |
| 4447 | + | 136.15the office determines that the cannabinoid is a nonintoxicating cannabinoid. | |
| 4448 | + | 136.16 (c) A product manufactured, marketed, distributed, and sold under this section may | |
| 4449 | + | 136.17contain cannabinoids other than cannabidiol, cannabigerol, or any other cannabinoid approved | |
| 4450 | + | 136.18by the office provided that the cannabinoids are naturally occurring in hemp plants or hemp | |
| 4451 | + | 136.19plant parts and the total of all other cannabinoids present in a product does not exceed one | |
| 4452 | + | 136.20milligram per package. | |
| 4453 | + | 136.21 Subd. 3.Approved products.Products sold to consumers under this section may only | |
| 4454 | + | 136.22be manufactured, marketed, distributed, intended, or generally expected to be used by | |
| 4455 | + | 136.23applying the product externally to a part of the body of a human or animal. | |
| 4456 | + | 136.24 Subd. 4.Labeling.Hemp-derived topical products must meet the labeling requirements | |
| 4457 | + | 136.25in section 342.61, subdivision 5. | |
| 4458 | + | 136.26 Subd. 5.Prohibitions.(a) A product sold to consumers under this section must not be | |
| 4459 | + | 136.27manufactured, marketed, distributed, or intended: | |
| 4460 | + | 136.28 (1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention | |
| 4461 | + | 136.29of disease in humans or other animals; | |
| 4462 | + | 136.30 (2) to affect the structure or any function of the bodies of humans or other animals; | |
| 4463 | + | 136.31 (3) to be consumed by combustion or vaporization of the product and inhalation of | |
| 4464 | + | 136.32smoke, aerosol, or vapor from the product; | |
| 4465 | + | 136Article 1 Sec. 68. | |
| 4466 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 137.1 (4) to be consumed through chewing; or | |
| 4467 | + | 137.2 (5) to be consumed through injection or application to a mucous membrane or nonintact | |
| 4468 | + | 137.3skin. | |
| 4469 | + | 137.4 (b) A product manufactured, marketed, distributed, or sold to consumers under this | |
| 4470 | + | 137.5section must not: | |
| 4471 | + | 137.6 (1) consist, in whole or in part, of any filthy, putrid, or decomposed substance; | |
| 4472 | + | 137.7 (2) have been produced, prepared, packed, or held under unsanitary conditions where | |
| 4473 | + | 137.8the product may have been rendered injurious to health, or where the product may have | |
| 4474 | + | 137.9been contaminated with filth; | |
| 4475 | + | 137.10 (3) be packaged in a container that is composed, in whole or in part, of any poisonous | |
| 4476 | + | 137.11or deleterious substance that may render the contents injurious to health; | |
| 4477 | + | 137.12 (4) contain any additives or excipients that have been found by the United States Food | |
| 4478 | + | 137.13and Drug Administration to be unsafe for human or animal consumption; | |
| 4479 | + | 137.14 (5) contain a cannabinoid or an amount or percentage of cannabinoids that is different | |
| 4480 | + | 137.15than the information stated on the label; | |
| 4481 | + | 137.16 (6) contain a cannabinoid, other than cannabidiol, cannabigerol, or a cannabinoid | |
| 4482 | + | 137.17approved by the office, in an amount that exceeds the standard established in subdivision | |
| 4483 | + | 137.182, paragraph (c); or | |
| 4484 | + | 137.19 (7) contain any contaminants for which testing is required by the office in amounts that | |
| 4485 | + | 137.20exceed the acceptable minimum standards established by the office. | |
| 4486 | + | 137.21 (c) No product containing any cannabinoid may be sold to any individual who is under | |
| 4487 | + | 137.2221 years of age. | |
| 4488 | + | 137.23 Subd. 6.Enforcement.The office may enforce this section under the relevant provisions | |
| 4489 | + | 137.24of section 342.17. | |
| 4490 | + | 137.25Sec. 69. [342.67] CANNABIS INDUSTRY COMMUNITY RENEWAL GRANTS. | |
| 4491 | + | 137.26 Subdivision 1.Establishment.The Office of Cannabis Management shall establish | |
| 4492 | + | 137.27CanRenew, a program to award grants to eligible organizations for investments in | |
| 4493 | + | 137.28communities where long-term residents are eligible to be social equity applicants. | |
| 4494 | + | 137.29 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the | |
| 4495 | + | 137.30meanings given. | |
| 4496 | + | 137Article 1 Sec. 69. | |
| 4497 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 138.1 (b) "Community investment" means a project or program designed to improve | |
| 4498 | + | 138.2community-wide outcomes or experiences and may include efforts targeting economic | |
| 4499 | + | 138.3development, violence prevention, youth development, or civil legal aid, among others. | |
| 4500 | + | 138.4 (c) "Eligible community" means a community where long-term residents are eligible to | |
| 4501 | + | 138.5be social equity applicants. | |
| 4502 | + | 138.6 (d) "Eligible organization" means any organization able to make an investment in a | |
| 4503 | + | 138.7community where long-term residents are eligible to be social equity applicants and may | |
| 4504 | + | 138.8include educational institutions, nonprofit organizations, private businesses, community | |
| 4505 | + | 138.9groups, units of local government, or partnerships between different types of organizations. | |
| 4506 | + | 138.10 (e) "Program" means the CanRenew grant program. | |
| 4507 | + | 138.11 (f) "Social equity applicant" means a person who meets the qualification requirements | |
| 4508 | + | 138.12in section 342.15. | |
| 4509 | + | 138.13 Subd. 3.Grants to organizations.(a) The office must award grants to eligible | |
| 4510 | + | 138.14organizations through a competitive grant process. | |
| 4511 | + | 138.15 (b) To receive grant money, an eligible organization must submit a written application | |
| 4512 | + | 138.16to the office, using a form developed by the office, explaining the community investment | |
| 4513 | + | 138.17the organization wants to make in an eligible community. | |
| 4514 | + | 138.18 (c) An eligible organization's grant application must also include: | |
| 4515 | + | 138.19 (1) an analysis of the community's need for the proposed investment; | |
| 4516 | + | 138.20 (2) a description of the positive impact that the proposed investment is expected to | |
| 4517 | + | 138.21generate for that community; | |
| 4518 | + | 138.22 (3) any evidence of the organization's ability to successfully achieve that positive impact; | |
| 4519 | + | 138.23 (4) any evidence of the organization's past success in making similar community | |
| 4520 | + | 138.24investments; | |
| 4521 | + | 138.25 (5) an estimate of the cost of the proposed investment; | |
| 4522 | + | 138.26 (6) the sources and amounts of any nonstate funds or in-kind contributions that will | |
| 4523 | + | 138.27supplement grant money; and | |
| 4524 | + | 138.28 (7) any additional information requested by the office. | |
| 4525 | + | 138.29 (d) In awarding grants under this subdivision, the office shall give weight to applications | |
| 4526 | + | 138.30from organizations that demonstrate a history of successful community investments, | |
| 4527 | + | 138.31particularly in geographic areas that are now eligible communities. The office shall also | |
| 4516 | 4528 | 138Article 1 Sec. 69. | |
| 4517 | - | S0073- | |
| 4518 | - | 139. | |
| 4519 | - | 139. | |
| 4520 | - | 139. | |
| 4521 | - | 139. | |
| 4522 | - | 139.6 | |
| 4523 | - | 139. | |
| 4524 | - | 139. | |
| 4525 | - | 139. | |
| 4526 | - | 139. | |
| 4527 | - | 139. | |
| 4528 | - | 139. | |
| 4529 | - | 139.13 | |
| 4530 | - | 139. | |
| 4531 | - | 139. | |
| 4532 | - | 139. | |
| 4533 | - | 139. | |
| 4534 | - | 139. | |
| 4535 | - | 139. | |
| 4536 | - | 139. | |
| 4537 | - | 139. | |
| 4538 | - | 139.22 | |
| 4539 | - | 139. | |
| 4540 | - | 139. | |
| 4541 | - | 139. | |
| 4542 | - | 139. | |
| 4543 | - | 139. | |
| 4544 | - | 139. | |
| 4545 | - | 139. | |
| 4546 | - | 139. | |
| 4547 | - | 139. | |
| 4548 | - | 139 | |
| 4549 | - | ||
| 4550 | - | ||
| 4551 | - | 140. | |
| 4552 | - | 140. | |
| 4553 | - | 140. | |
| 4554 | - | 140. | |
| 4555 | - | 140. | |
| 4556 | - | 140. | |
| 4557 | - | 140. | |
| 4558 | - | 140. | |
| 4559 | - | 140. | |
| 4560 | - | 140. | |
| 4561 | - | 140. | |
| 4562 | - | 140. | |
| 4563 | - | 140. | |
| 4564 | - | 140. | |
| 4565 | - | 140. | |
| 4566 | - | 140. | |
| 4567 | - | 140. | |
| 4568 | - | 140. | |
| 4569 | - | 140. | |
| 4570 | - | 140. | |
| 4571 | - | 140. | |
| 4572 | - | 140. | |
| 4573 | - | 140. | |
| 4574 | - | 140. | |
| 4575 | - | 140. | |
| 4576 | - | 140. | |
| 4577 | - | 140. | |
| 4578 | - | 140. | |
| 4579 | - | 140. | |
| 4580 | - | 140. | |
| 4581 | - | 140. | |
| 4582 | - | 140 | |
| 4583 | - | ||
| 4584 | - | 141. | |
| 4585 | - | 141. | |
| 4586 | - | 141. | |
| 4587 | - | 141. | |
| 4588 | - | 141. | |
| 4589 | - | 141. | |
| 4590 | - | 141. | |
| 4591 | - | 141. | |
| 4592 | - | 141. | |
| 4593 | - | 141. | |
| 4594 | - | 141. | |
| 4595 | - | 141. | |
| 4596 | - | 141. | |
| 4597 | - | 141. | |
| 4598 | - | 141. | |
| 4599 | - | 141. | |
| 4600 | - | 141. | |
| 4601 | - | 141. | |
| 4602 | - | 141. | |
| 4603 | - | 141. | |
| 4604 | - | 141. | |
| 4605 | - | 141. | |
| 4606 | - | 141. | |
| 4607 | - | 141. | |
| 4608 | - | 141. | |
| 4609 | - | 141. | |
| 4610 | - | 141. | |
| 4611 | - | 141. | |
| 4612 | - | 141. | |
| 4613 | - | 141. | |
| 4614 | - | 141. | |
| 4529 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 139.1give weight to applications where there is demonstrated community support for the proposed | |
| 4530 | + | 139.2investment. The office shall fund investments in eligible communities throughout the state. | |
| 4531 | + | 139.3 Subd. 4.Program outreach.The office shall make extensive efforts to publicize these | |
| 4532 | + | 139.4grants, including through partnerships with community organizations, particularly those | |
| 4533 | + | 139.5located in eligible communities. | |
| 4534 | + | 139.6 Subd. 5.Reports to the legislature.By January 15, 2024, and each January 15 thereafter, | |
| 4535 | + | 139.7the office must submit a report to the chairs and ranking minority members of the committees | |
| 4536 | + | 139.8of the house of representatives and the senate having jurisdiction over community | |
| 4537 | + | 139.9development that details awards given through the CanRenew program and the use of grant | |
| 4538 | + | 139.10money, including any measures of successful community impact from the grants. | |
| 4539 | + | 139.11Sec. 70. [342.68] SUBSTANCE USE TREATMENT, RECOVERY, AND | |
| 4540 | + | 139.12PREVENTION GRANTS. | |
| 4541 | + | 139.13 Subdivision 1.Account established; appropriation.A substance use treatment, recovery, | |
| 4542 | + | 139.14and prevention grant account is created in the special revenue fund. Money in the account, | |
| 4543 | + | 139.15including interest earned, is appropriated to the office for the purposes specified in this | |
| 4544 | + | 139.16section. | |
| 4545 | + | 139.17 Subd. 2.Acceptance of gifts and grants.Notwithstanding sections 16A.013 to 16A.016, | |
| 4546 | + | 139.18the office may accept money contributed by individuals and may apply for grants from | |
| 4547 | + | 139.19charitable foundations to be used for the purposes identified in this section. The money | |
| 4548 | + | 139.20accepted under this section must be deposited in the substance use treatment, recovery, and | |
| 4549 | + | 139.21prevention grant account created under subdivision 1. | |
| 4550 | + | 139.22 Subd. 3.Disposition of money; grants.(a) Money in the substance use treatment, | |
| 4551 | + | 139.23recovery, and prevention grant account must be distributed as follows: | |
| 4552 | + | 139.24 (1) 75 percent of the money is for grants for recovery programs and substance use | |
| 4553 | + | 139.25disorder treatment, as defined in section 245G.01, subdivision 24, and may be used for | |
| 4554 | + | 139.26substance use disorder treatment providers to adopt evidence-based, culturally informed, | |
| 4555 | + | 139.27and responsive treatment and services. Funds may be used to support the expansion of peer | |
| 4556 | + | 139.28and recovery specialists, cover housing costs in sober homes for persons with low incomes, | |
| 4557 | + | 139.29expand co-occurring programming for persons with mental illnesses and substance use | |
| 4558 | + | 139.30disorders, support first episode psychosis programs, provide harm reduction services, and | |
| 4559 | + | 139.31provide start-up funding for culturally specific providers of substance use disorder services. | |
| 4560 | + | 139.32The office shall consult with the commissioner of human services to determine appropriate | |
| 4561 | + | 139.33provider rate increases or modifications to existing payment methodologies; | |
| 4562 | + | 139Article 1 Sec. 70. | |
| 4563 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 140.1 (2) 20 percent of the money is for grants for substance use disorder prevention; and | |
| 4564 | + | 140.2 (3) five percent of the money is for grants to educate pregnant individuals, breastfeeding | |
| 4565 | + | 140.3individuals, and individuals who may become pregnant on the adverse health effects of | |
| 4566 | + | 140.4substance use. | |
| 4567 | + | 140.5 (b) The office shall consult with the commissioner of human services and the | |
| 4568 | + | 140.6commissioner of health to develop an appropriate application process, establish grant | |
| 4569 | + | 140.7requirements, determine what organizations are eligible to receive grants, and establish | |
| 4570 | + | 140.8reporting requirements for grant recipients. | |
| 4571 | + | 140.9 Subd. 4.Reports to the legislature.By January 15, 2024, and each January 15 thereafter, | |
| 4572 | + | 140.10the office must submit a report to the chairs and ranking minority members of the committees | |
| 4573 | + | 140.11of the house of representatives and the senate having jurisdiction over health and human | |
| 4574 | + | 140.12services policy and finance that details grants awarded from the substance use treatment, | |
| 4575 | + | 140.13recovery, and prevention grant account, including the total amount awarded, total number | |
| 4576 | + | 140.14of recipients, and geographic distribution of those recipients. | |
| 4577 | + | 140.15Sec. 71. [342.69] CANNABIS GROWER GRANTS. | |
| 4578 | + | 140.16 Subdivision 1.Establishment.The office, in consultation with the commissioner of | |
| 4579 | + | 140.17agriculture, shall establish CanGrow, a program to award grants to (1) eligible organizations | |
| 4580 | + | 140.18to help farmers navigate the regulatory structure of the legal cannabis industry, and (2) | |
| 4581 | + | 140.19nonprofit corporations to fund loans to farmers for expansion into the legal cannabis industry. | |
| 4582 | + | 140.20 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the | |
| 4583 | + | 140.21meanings given. | |
| 4584 | + | 140.22 (b) "Eligible organization" means any organization capable of helping farmers navigate | |
| 4585 | + | 140.23the regulatory structure of the legal cannabis industry, particularly individuals facing barriers | |
| 4586 | + | 140.24to education or employment, and may include educational institutions, nonprofit | |
| 4587 | + | 140.25organizations, private businesses, community groups, units of local government, or | |
| 4588 | + | 140.26partnerships between different types of organizations. | |
| 4589 | + | 140.27 (c) "Industry" means the legal cannabis industry in the state of Minnesota. | |
| 4590 | + | 140.28 (d) "Program" means the CanGrow grant program. | |
| 4591 | + | 140.29 (e) "Social equity applicant" means a person who meets the qualification requirements | |
| 4592 | + | 140.30in section 342.15. | |
| 4593 | + | 140.31 Subd. 3.Technical assistance grants.(a) Grant money awarded to eligible organizations | |
| 4594 | + | 140.32may be used for both developing technical assistance resources relevant to the regulatory | |
| 4595 | + | 140Article 1 Sec. 71. | |
| 4596 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 141.1structure of the legal cannabis industry and for providing such technical assistance or | |
| 4597 | + | 141.2navigation services to farmers. | |
| 4598 | + | 141.3 (b) The office must award grants to eligible organizations through a competitive grant | |
| 4599 | + | 141.4process. | |
| 4600 | + | 141.5 (c) To receive grant money, an eligible organization must submit a written application | |
| 4601 | + | 141.6to the office, using a form developed by the office, explaining the organization's ability to | |
| 4602 | + | 141.7assist farmers in navigating the regulatory structure of the legal cannabis industry, particularly | |
| 4603 | + | 141.8farmers facing barriers to education or employment. | |
| 4604 | + | 141.9 (d) An eligible organization's grant application must also include: | |
| 4605 | + | 141.10 (1) a description of the proposed technical assistance or navigation services, including | |
| 4606 | + | 141.11the types of farmers targeted for assistance; | |
| 4607 | + | 141.12 (2) any evidence of the organization's past success in providing technical assistance or | |
| 4608 | + | 141.13navigation services to farmers, particularly farmers who live in areas where long-term | |
| 4609 | + | 141.14residents are eligible to be social equity applicants; | |
| 4610 | + | 141.15 (3) an estimate of the cost of providing the technical assistance; | |
| 4611 | + | 141.16 (4) the sources and amounts of any nonstate funds or in-kind contributions that will | |
| 4612 | + | 141.17supplement grant money, including any amounts that farmers will be charged to receive | |
| 4613 | + | 141.18assistance; and | |
| 4614 | + | 141.19 (5) any additional information requested by the office. | |
| 4615 | + | 141.20 (e) In awarding grants under this subdivision, the office shall give weight to applications | |
| 4616 | + | 141.21from organizations that demonstrate a history of successful technical assistance or navigation | |
| 4617 | + | 141.22services, particularly for farmers facing barriers to education or employment. The office | |
| 4618 | + | 141.23shall also give weight to applications where the proposed technical assistance will serve | |
| 4619 | + | 141.24areas where long-term residents are eligible to be social equity applicants. The office shall | |
| 4620 | + | 141.25fund technical assistance to farmers throughout the state. | |
| 4621 | + | 141.26 Subd. 4.Loan financing grants.(a) The office shall establish a revolving loan account | |
| 4622 | + | 141.27to make loan financing grants under the CanGrow program. | |
| 4623 | + | 141.28 (b) The office must award grants to nonprofit corporations through a competitive grant | |
| 4624 | + | 141.29process. | |
| 4625 | + | 141.30 (c) To receive grant money, a nonprofit corporation must submit a written application | |
| 4626 | + | 141.31to the office using a form developed by the office. | |
| 4615 | 4627 | 141Article 1 Sec. 71. | |
| 4616 | - | S0073- | |
| 4617 | - | 142. | |
| 4618 | - | 142.3 ( | |
| 4619 | - | 142. | |
| 4620 | - | 142.5 ( | |
| 4621 | - | 142. | |
| 4622 | - | 142. | |
| 4623 | - | 142. | |
| 4624 | - | 142.9 ( | |
| 4625 | - | 142.10 ( | |
| 4626 | - | 142. | |
| 4627 | - | 142. | |
| 4628 | - | 142. | |
| 4629 | - | 142. | |
| 4630 | - | 142.15 ( | |
| 4631 | - | 142. | |
| 4632 | - | 142. | |
| 4633 | - | 142. | |
| 4634 | - | 142. | |
| 4635 | - | 142. | |
| 4636 | - | 142. | |
| 4637 | - | 142. | |
| 4638 | - | 142. | |
| 4639 | - | 142. | |
| 4640 | - | 142. | |
| 4641 | - | 142. | |
| 4642 | - | 142. | |
| 4643 | - | 142.28 ( | |
| 4644 | - | 142. | |
| 4645 | - | 142.30 ( | |
| 4646 | - | 142. | |
| 4628 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 142.1 (d) In awarding grants under this subdivision, the office shall give weight to whether | |
| 4629 | + | 142.2the nonprofit corporation: | |
| 4630 | + | 142.3 (1) has a board of directors that includes individuals experienced in agricultural business | |
| 4631 | + | 142.4development; | |
| 4632 | + | 142.5 (2) has the technical skills to analyze projects; | |
| 4633 | + | 142.6 (3) is familiar with other available public and private funding sources and economic | |
| 4634 | + | 142.7development programs; | |
| 4635 | + | 142.8 (4) can initiate and implement economic development projects; | |
| 4636 | + | 142.9 (5) can establish and administer a revolving loan account; and | |
| 4637 | + | 142.10 (6) has established relationships with communities where long-term residents are eligible | |
| 4638 | + | 142.11to be social equity applicants. | |
| 4639 | + | 142.12The office shall make grants that will help farmers enter the legal cannabis industry | |
| 4640 | + | 142.13throughout the state. | |
| 4641 | + | 142.14 (e) A nonprofit corporation that receives grants under the program must: | |
| 4642 | + | 142.15 (1) establish an office-certified revolving loan account for the purpose of making eligible | |
| 4643 | + | 142.16loans; and | |
| 4644 | + | 142.17 (2) enter into an agreement with the office that the office shall fund loans that the | |
| 4645 | + | 142.18nonprofit corporation makes to farmers entering the legal cannabis industry. The office shall | |
| 4646 | + | 142.19review existing agreements with nonprofit corporations every five years and may renew or | |
| 4647 | + | 142.20terminate an agreement based on that review. In making this review, the office shall consider, | |
| 4648 | + | 142.21among other criteria, the criteria in paragraph (d). | |
| 4649 | + | 142.22 Subd. 5.Loans to farmers.(a) The criteria in this subdivision apply to loans made by | |
| 4650 | + | 142.23nonprofit corporations under the program. | |
| 4651 | + | 142.24 (b) A loan must be used to support a farmer in entering the legal cannabis industry. | |
| 4652 | + | 142.25Priority must be given to loans to businesses owned by farmers who are eligible to be social | |
| 4653 | + | 142.26equity applicants and businesses located in communities where long-term residents are | |
| 4654 | + | 142.27eligible to be social equity applicants. | |
| 4655 | + | 142.28 (c) Loans must be made to businesses that are not likely to undertake the project for | |
| 4656 | + | 142.29which loans are sought without assistance from the program. | |
| 4657 | + | 142.30 (d) The minimum state contribution to a loan is $2,500 and the maximum is either: | |
| 4658 | + | 142.31 (1) $50,000; or | |
| 4647 | 4659 | 142Article 1 Sec. 71. | |
| 4648 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 143.1 (d) In awarding grants under this subdivision, the office shall give weight to whether | |
| 4649 | - | 143.2the nonprofit corporation: | |
| 4650 | - | 143.3 (1) has a board of directors that includes individuals experienced in agricultural business | |
| 4651 | - | 143.4development; | |
| 4652 | - | 143.5 (2) has the technical skills to analyze projects; | |
| 4653 | - | 143.6 (3) is familiar with other available public and private funding sources and economic | |
| 4654 | - | 143.7development programs; | |
| 4655 | - | 143.8 (4) can initiate and implement economic development projects; | |
| 4656 | - | 143.9 (5) can establish and administer a revolving loan account; and | |
| 4657 | - | 143.10 (6) has established relationships with communities where long-term residents are eligible | |
| 4658 | - | 143.11to be social equity applicants. | |
| 4659 | - | 143.12The office shall make grants that will help farmers enter the legal cannabis industry | |
| 4660 | - | 143.13throughout the state. | |
| 4661 | - | 143.14 (e) A nonprofit corporation that receives grants under the program must: | |
| 4662 | - | 143.15 (1) establish an office-certified revolving loan account for the purpose of making eligible | |
| 4663 | - | 143.16loans; and | |
| 4664 | - | 143.17 (2) enter into an agreement with the office that the office shall fund loans that the | |
| 4665 | - | 143.18nonprofit corporation makes to farmers entering the legal cannabis industry. The office shall | |
| 4666 | - | 143.19review existing agreements with nonprofit corporations every five years and may renew or | |
| 4667 | - | 143.20terminate an agreement based on that review. In making this review, the office shall consider, | |
| 4668 | - | 143.21among other criteria, the criteria in paragraph (d). | |
| 4669 | - | 143.22 Subd. 5.Loans to farmers.(a) The criteria in this subdivision apply to loans made by | |
| 4670 | - | 143.23nonprofit corporations under the program. | |
| 4671 | - | 143.24 (b) A loan must be used to support a farmer in entering the legal cannabis industry. | |
| 4672 | - | 143.25Priority must be given to loans to businesses owned by farmers who are eligible to be social | |
| 4673 | - | 143.26equity applicants and businesses located in communities where long-term residents are | |
| 4674 | - | 143.27eligible to be social equity applicants. | |
| 4675 | - | 143.28 (c) Loans must be made to businesses that are not likely to undertake the project for | |
| 4676 | - | 143.29which loans are sought without assistance from the program. | |
| 4677 | - | 143.30 (d) The minimum state contribution to a loan is $2,500 and the maximum is either: | |
| 4678 | - | 143.31 (1) $50,000; or | |
| 4660 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 143.1 (2) $150,000, if state contributions are matched by an equal or greater amount of new | |
| 4661 | + | 143.2private investment. | |
| 4662 | + | 143.3 (e) Loan applications given preliminary approval by the nonprofit corporation must be | |
| 4663 | + | 143.4forwarded to the office for approval. The office must give final approval for each loan made | |
| 4664 | + | 143.5by the nonprofit corporation under the program. | |
| 4665 | + | 143.6 (f) If the borrower has met lender criteria, including being current with all payments for | |
| 4666 | + | 143.7a minimum of three years, the office may approve either full or partial forgiveness of interest | |
| 4667 | + | 143.8or principal amounts. | |
| 4668 | + | 143.9 Subd. 6.Revolving loan account administration.(a) The office shall establish a | |
| 4669 | + | 143.10minimum interest rate for loans or guarantees to ensure that necessary loan administration | |
| 4670 | + | 143.11costs are covered. The interest rate charged by a nonprofit corporation for a loan under this | |
| 4671 | + | 143.12section must not exceed the Wall Street Journal prime rate. For a loan under this section, | |
| 4672 | + | 143.13the nonprofit corporation may charge a loan origination fee equal to or less than one percent | |
| 4673 | + | 143.14of the loan value. The nonprofit corporation may retain the amount of the origination fee. | |
| 4674 | + | 143.15 (b) Loan repayment of principal must be paid to the office for deposit in the revolving | |
| 4675 | + | 143.16loan account. Loan interest payments must be deposited in a revolving loan account created | |
| 4676 | + | 143.17by the nonprofit corporation originating the loan being repaid for further distribution or use, | |
| 4677 | + | 143.18consistent with the criteria of this section. | |
| 4678 | + | 143.19 (c) Administrative expenses of the nonprofit corporations with whom the office enters | |
| 4679 | + | 143.20into agreements, including expenses incurred by a nonprofit corporation in providing | |
| 4680 | + | 143.21financial, technical, managerial, and marketing assistance to a business receiving a loan | |
| 4681 | + | 143.22under this section, are eligible program expenses that the office may agree to pay under the | |
| 4682 | + | 143.23grant agreement. | |
| 4683 | + | 143.24 Subd. 7.Program outreach.The office shall make extensive efforts to publicize these | |
| 4684 | + | 143.25grants, including through partnerships with community organizations, particularly those | |
| 4685 | + | 143.26located in areas where long-term residents are eligible to be social equity applicants. | |
| 4686 | + | 143.27 Subd. 8.Reporting requirements.(a) A nonprofit corporation that receives a grant | |
| 4687 | + | 143.28under subdivision 4 shall: | |
| 4688 | + | 143.29 (1) submit an annual report to the office by January 15 of each year that the nonprofit | |
| 4689 | + | 143.30corporation participates in the program that includes a description of agricultural businesses | |
| 4690 | + | 143.31supported by the grant program, an account of loans made during the calendar year, the | |
| 4691 | + | 143.32program's impact on farmers' ability to expand into the legal cannabis industry, the source | |
| 4679 | 4692 | 143Article 1 Sec. 71. | |
| 4680 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 144.1 (2) $150,000, if state contributions are matched by an equal or greater amount of new | |
| 4681 | - | 144.2private investment. | |
| 4682 | - | 144.3 (e) Loan applications given preliminary approval by the nonprofit corporation must be | |
| 4683 | - | 144.4forwarded to the office for approval. The office must give final approval for each loan made | |
| 4684 | - | 144.5by the nonprofit corporation under the program. | |
| 4685 | - | 144.6 (f) If the borrower has met lender criteria, including being current with all payments for | |
| 4686 | - | 144.7a minimum of three years, the office may approve either full or partial forgiveness of interest | |
| 4687 | - | 144.8or principal amounts. | |
| 4688 | - | 144.9 Subd. 6.Revolving loan account administration.(a) The office shall establish a | |
| 4689 | - | 144.10minimum interest rate for loans or guarantees to ensure that necessary loan administration | |
| 4690 | - | 144.11costs are covered. The interest rate charged by a nonprofit corporation for a loan under this | |
| 4691 | - | 144.12section must not exceed the Wall Street Journal prime rate. For a loan under this section, | |
| 4692 | - | 144.13the nonprofit corporation may charge a loan origination fee equal to or less than one percent | |
| 4693 | - | 144.14of the loan value. The nonprofit corporation may retain the amount of the origination fee. | |
| 4694 | - | 144.15 (b) Loan repayment of principal must be paid to the office for deposit in the revolving | |
| 4695 | - | 144.16loan account. Loan interest payments must be deposited in a revolving loan account created | |
| 4696 | - | 144.17by the nonprofit corporation originating the loan being repaid for further distribution or use, | |
| 4697 | - | 144.18consistent with the criteria of this section. | |
| 4698 | - | 144.19 (c) Administrative expenses of the nonprofit corporations with whom the office enters | |
| 4699 | - | 144.20into agreements, including expenses incurred by a nonprofit corporation in providing | |
| 4700 | - | 144.21financial, technical, managerial, and marketing assistance to a business receiving a loan | |
| 4701 | - | 144.22under this section, are eligible program expenses that the office may agree to pay under the | |
| 4702 | - | 144.23grant agreement. | |
| 4703 | - | 144.24 Subd. 7.Program outreach.The office shall make extensive efforts to publicize these | |
| 4704 | - | 144.25grants, including through partnerships with community organizations, particularly those | |
| 4705 | - | 144.26located in areas where long-term residents are eligible to be social equity applicants. | |
| 4706 | - | 144.27 Subd. 8.Reporting requirements.(a) A nonprofit corporation that receives a grant | |
| 4707 | - | 144.28under subdivision 4 shall: | |
| 4708 | - | 144.29 (1) submit an annual report to the office by January 15 of each year that the nonprofit | |
| 4709 | - | 144.30corporation participates in the program that includes a description of agricultural businesses | |
| 4710 | - | 144.31supported by the grant program, an account of loans made during the calendar year, the | |
| 4711 | - | 144.32program's impact on farmers' ability to expand into the legal cannabis industry, the source | |
| 4712 | - | 144Article 1 Sec. 71. | |
| 4713 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 145.1and amount of money collected and distributed by the program, the program's assets and | |
| 4714 | - | 145.2liabilities, and an explanation of administrative expenses; and | |
| 4715 | - | 145.3 (2) provide for an independent annual audit to be performed in accordance with generally | |
| 4716 | - | 145.4accepted accounting practices and auditing standards and submit a copy of each annual | |
| 4717 | - | 145.5audit report to the office. | |
| 4718 | - | 145.6 (b) By February 15, 2024, and each February 15 thereafter, the office must submit a | |
| 4719 | - | 145.7report to the chairs and ranking minority members of the committees of the house of | |
| 4720 | - | 145.8representatives and the senate having jurisdiction over agriculture that details awards given | |
| 4721 | - | 145.9through the CanGrow program and the use of grant money, including any measures of | |
| 4722 | - | 145.10success toward helping farmers enter the legal cannabis industry. The report must include | |
| 4723 | - | 145.11geographic information regarding the issuance of grants and loans under this section, the | |
| 4724 | - | 145.12repayment rate of loans issued under subdivision 5, and a summary of the amount of loans | |
| 4725 | - | 145.13forgiven. | |
| 4726 | - | 145.14Sec. 72. [342.70] LAWFUL ACTIVITIES. | |
| 4727 | - | 145.15 (a) Notwithstanding any law to the contrary, the cultivation, manufacturing, possessing, | |
| 4728 | - | 145.16and selling of cannabis flower, cannabis products, synthetically derived cannabinoids, | |
| 4729 | - | 145.17lower-potency hemp edibles, and hemp-derived consumer products by a licensed cannabis | |
| 4730 | - | 145.18business in conformity with the rights granted by a cannabis business license is lawful and | |
| 4731 | - | 145.19may not be the grounds for the seizure or forfeiture of property, arrest or prosecution, or | |
| 4732 | - | 145.20search or inspections except as provided by this chapter. | |
| 4733 | - | 145.21 (b) A person acting as an agent of a licensed cannabis retailer or licensed cannabis | |
| 4734 | - | 145.22microbusiness who sells or otherwise transfers cannabis flower, cannabis products, | |
| 4735 | - | 145.23lower-potency hemp edibles, or hemp-derived consumer products to a person under 21 years | |
| 4736 | - | 145.24of age is not subject to arrest, prosecution, or forfeiture of property if the person complied | |
| 4737 | - | 145.25with section 342.28, subdivision 4, and any rules promulgated pursuant to this chapter. | |
| 4738 | - | 145.26Sec. 73. [342.71] CIVIL ACTIONS. | |
| 4739 | - | 145.27 Subdivision 1.Right of action.A spouse, child, parent, guardian, employer, or other | |
| 4740 | - | 145.28person injured in person, property, or means of support or who incurs other pecuniary loss | |
| 4741 | - | 145.29by an intoxicated person or by the intoxication of another person, has a right of action in | |
| 4742 | - | 145.30the person's own name for all damages sustained against a person who caused the intoxication | |
| 4743 | - | 145.31of that person by illegally selling cannabis flower or cannabis products. All damages | |
| 4744 | - | 145.32recovered by a minor under this section must be paid either to the minor or to the minor's | |
| 4745 | - | 145.33parent, guardian, or next friend as the court directs. | |
| 4746 | - | 145Article 1 Sec. 73. | |
| 4747 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 146.1 Subd. 2.Actions.All suits for damages under this section must be by civil action in a | |
| 4748 | - | 146.2court of this state having jurisdiction. | |
| 4749 | - | 146.3 Subd. 3.Comparative negligence.Actions under this section are governed by section | |
| 4750 | - | 146.4604.01. | |
| 4751 | - | 146.5 Subd. 4.Defense.It is a defense for the defendant to prove by a preponderance of the | |
| 4752 | - | 146.6evidence that the defendant reasonably and in good faith relied upon representations of | |
| 4753 | - | 146.7proof of age in selling, bartering, furnishing, or giving the cannabis or cannabis product. | |
| 4754 | - | 146.8 Subd. 5.Common law claims.Nothing in this chapter precludes common law tort claims | |
| 4755 | - | 146.9against any person 21 years old or older who knowingly provides or furnishes cannabis | |
| 4756 | - | 146.10flower or cannabis products to a person under the age of 21 years. | |
| 4757 | - | 146.11Sec. 74. [342.73] NUISANCE; ACTION. | |
| 4758 | - | 146.12 Subdivision 1.Nuisance.Any use of adult-use cannabis flower which is injurious to | |
| 4759 | - | 146.13health, indecent or offensive to the senses, or an obstruction to the free use of property so | |
| 4760 | - | 146.14as to interfere with the comfortable enjoyment of life or property is a nuisance. | |
| 4761 | - | 146.15 Subd. 2.Actions; landlord; association.(a) A person who is injuriously affected or | |
| 4762 | - | 146.16whose personal enjoyment is lessened by a nuisance under subdivision 1 may bring an | |
| 4763 | - | 146.17action for injunctive relief and the greater of the person's actual damages or a civil penalty | |
| 4764 | - | 146.18of $250. | |
| 4765 | - | 146.19 (b) If a landlord, as defined in section 504B.001, subdivision 7, or an association, as | |
| 4766 | - | 146.20defined in section 515B.1-103, clause (4), fails to enforce the terms of a lease, governing | |
| 4767 | - | 146.21document, or policy related to the use of adult-use cannabis flower on the premises or | |
| 4768 | - | 146.22property, a person who is injuriously affected or whose personal enjoyment is lessened by | |
| 4769 | - | 146.23a nuisance under subdivision 1 as a result of the failure to enforce the terms may bring an | |
| 4770 | - | 146.24action against the landlord or association seeking injunctive relief and the greater of the | |
| 4771 | - | 146.25person's actual damages or a civil penalty of $500. | |
| 4772 | - | 146.26 EFFECTIVE DATE.This section is effective July 1, 2023, and applies to causes of | |
| 4773 | - | 146.27actions accruing on or after that date. | |
| 4774 | - | 146.28Sec. 75. REPORT; TRAFFIC AND TRANSPORTATION ISSUES. | |
| 4775 | - | 146.29 By January 31, 2024, the Office of Cannabis Management must submit a report to the | |
| 4776 | - | 146.30chairs and ranking minority members of the legislative committees with jurisdiction over | |
| 4777 | - | 146.31transportation policy and finance. At a minimum, the report must include: | |
| 4778 | - | 146Article 1 Sec. 75. | |
| 4779 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 147.1 (1) a description of all rules adopted that relate to traffic and transportation laws and | |
| 4780 | - | 147.2cannabis transporter licensing and operations; | |
| 4781 | - | 147.3 (2) recommendations on changes to statutes that would codify the rules; and | |
| 4782 | - | 147.4 (3) recommendations on how to improve any aspects of this act. The recommendations | |
| 4783 | - | 147.5must be developed in consultation with the commissioner of transportation, the commissioner | |
| 4784 | - | 147.6of public safety, the colonel of the State Patrol, and the director of the Office of Traffic | |
| 4785 | - | 147.7Safety in the Department of Public Safety. | |
| 4786 | - | 147.8Sec. 76. TRANSPORTER LICENSE ESTABLISHMENT. | |
| 4787 | - | 147.9 When establishing the process for issuing transporter licenses and the requirements for | |
| 4788 | - | 147.10obtaining a transporter license, the Office of Cannabis Management must consult with the | |
| 4789 | - | 147.11Commissioner of Transportation about best practices for issuing licenses. | |
| 4790 | - | 147.12Sec. 77. INITIAL APPOINTMENTS; FIRST TERMS; FIRST MEETING FOR THE | |
| 4791 | - | 147.13CANNABIS ADVISORY COUNCIL. | |
| 4792 | - | 147.14 Subdivision 1.Appointments; first terms.Appointing authorities must make the first | |
| 4793 | - | 147.15appointments to the Cannabis Advisory Council under Minnesota Statutes, section 342.03, | |
| 4794 | - | 147.16by August 1, 2023. The members appointed under Minnesota Statutes, section 342.03, | |
| 4795 | - | 147.17subdivision 1, paragraph (a), clauses (14) to (26) and (38), items (i) to (vi), shall serve terms | |
| 4796 | - | 147.18coterminous with the governor. The members appointed under Minnesota Statutes, section | |
| 4797 | - | 147.19342.03, subdivision 1, paragraph (a), clauses (27) to (37) and (38), items (vii) to (xi), shall | |
| 4798 | - | 147.20serve terms that conclude the year after the end of a governor's term. | |
| 4799 | - | 147.21 Subd. 2.First meeting.The director of the Office of Cannabis Management shall convene | |
| 4800 | - | 147.22the first meeting of the Cannabis Advisory Council by September 15, 2023. | |
| 4801 | - | 147.23Sec. 78. EFFECTIVE DATE. | |
| 4802 | - | 147.24 Except as otherwise provided, each section of this article is effective July 1, 2023. | |
| 4803 | - | 147Article 1 Sec. 78. | |
| 4804 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 148.1 ARTICLE 2 | |
| 4805 | - | 148.2 TAXES | |
| 4806 | - | 148.3Section 1. Minnesota Statutes 2022, section 270B.12, is amended by adding a subdivision | |
| 4807 | - | 148.4to read: | |
| 4808 | - | 148.5 Subd. 4a.Office of Cannabis Management.The commissioner may disclose return | |
| 4809 | - | 148.6information to the Office of Cannabis Management for the purpose of and to the extent | |
| 4810 | - | 148.7necessary to administer section 270C.726. | |
| 4811 | - | 148.8 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 4812 | - | 148.9Sec. 2. [270C.726] POSTING OF TAX DELINQUENCY; SALE OF CANNABIS. | |
| 4813 | - | 148.10 Subdivision 1.Posting; notice.(a) Pursuant to the authority to disclose under section | |
| 4814 | - | 148.11270B.12, subdivision 4a, the commissioner shall, by the 15th of each month, submit to the | |
| 4815 | - | 148.12Office of Cannabis Management a list of all taxpayers subject to the tax imposed by section | |
| 4816 | - | 148.13295.81 that are required to pay, withhold, or collect the tax imposed by sections 290.02, | |
| 4817 | - | 148.14290.0922, 290.92, 290.9727, 290.9728, 290.9729, 295.81, or 297A.62 or local sales and | |
| 4818 | - | 148.15use tax payable to the commissioner, or a local option sales and use tax administered and | |
| 4819 | - | 148.16collected by the commissioner, and who are ten days or more delinquent in either filing a | |
| 4820 | - | 148.17tax return or paying the tax. | |
| 4821 | - | 148.18 (b) The commissioner is under no obligation to list a taxpayer whose business is inactive. | |
| 4822 | - | 148.19At least ten days before notifying the Office of Cannabis Management, the commissioner | |
| 4823 | - | 148.20shall notify the taxpayer of the intended action. | |
| 4824 | - | 148.21 (c) The Office of Cannabis Management shall post the list required by this section on | |
| 4825 | - | 148.22the Office of Cannabis Management website. The list must prominently show the date of | |
| 4826 | - | 148.23posting. If a taxpayer previously listed files all returns and pays all taxes specified in this | |
| 4827 | - | 148.24subdivision then due, the commissioner shall notify the Office of Cannabis Management | |
| 4828 | - | 148.25within two business days. | |
| 4829 | - | 148.26 Subd. 2.Sales prohibited.Beginning the third business day after the list is posted, no | |
| 4830 | - | 148.27cannabis cultivator, cannabis manufacturer, cannabis microbusiness, cannabis mezzobusiness, | |
| 4831 | - | 148.28cannabis wholesaler, or industrial hemp grower as defined in chapter 342 may sell or deliver | |
| 4832 | - | 148.29any product to a taxpayer included on the posted list. | |
| 4833 | - | 148.30 Subd. 3.Penalty.A cannabis cultivator, cannabis manufacturer, cannabis microbusiness, | |
| 4834 | - | 148.31cannabis mezzobusiness, cannabis wholesaler, or industrial hemp grower as defined in | |
| 4835 | - | 148Article 2 Sec. 2. | |
| 4836 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 149.1chapter 342 who violates subdivision 2 is subject to the penalties provided in sections 342.19 | |
| 4837 | - | 149.2and 342.21. | |
| 4838 | - | 149.3 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 4839 | - | 149.4Sec. 3. Minnesota Statutes 2022, section 273.13, subdivision 24, is amended to read: | |
| 4840 | - | 149.5 Subd. 24.Class 3.Commercial and industrial property and utility real and personal | |
| 4841 | - | 149.6property is class 3a. | |
| 4842 | - | 149.7 (1) Except as otherwise provided, each parcel of commercial, industrial, or utility real | |
| 4843 | - | 149.8property has a classification rate of 1.5 percent of the first tier of market value, and 2.0 | |
| 4844 | - | 149.9percent of the remaining market value. In the case of contiguous parcels of property owned | |
| 4845 | - | 149.10by the same person or entity, only the value equal to the first-tier value of the contiguous | |
| 4846 | - | 149.11parcels qualifies for the reduced classification rate, except that contiguous parcels owned | |
| 4847 | - | 149.12by the same person or entity shall be eligible for the first-tier value classification rate on | |
| 4848 | - | 149.13each separate business operated by the owner of the property, provided the business is | |
| 4849 | - | 149.14housed in a separate structure. For the purposes of this subdivision, the first tier means the | |
| 4850 | - | 149.15first $150,000 of market value. Real property owned in fee by a utility for transmission line | |
| 4851 | - | 149.16right-of-way shall be classified at the classification rate for the higher tier. | |
| 4852 | - | 149.17 For purposes of this subdivision, parcels are considered to be contiguous even if they | |
| 4853 | - | 149.18are separated from each other by a road, street, waterway, or other similar intervening type | |
| 4854 | - | 149.19of property. Connections between parcels that consist of power lines or pipelines do not | |
| 4855 | - | 149.20cause the parcels to be contiguous. Property owners who have contiguous parcels of property | |
| 4856 | - | 149.21that constitute separate businesses that may qualify for the first-tier classification rate shall | |
| 4857 | - | 149.22notify the assessor by July 1, for treatment beginning in the following taxes payable year. | |
| 4858 | - | 149.23 (2) All personal property that is: (i) part of an electric generation, transmission, or | |
| 4859 | - | 149.24distribution system; or (ii) part of a pipeline system transporting or distributing water, gas, | |
| 4860 | - | 149.25crude oil, or petroleum products; and (iii) not described in clause (3), and all railroad | |
| 4861 | - | 149.26operating property has a classification rate as provided under clause (1) for the first tier of | |
| 4862 | - | 149.27market value and the remaining market value. In the case of multiple parcels in one county | |
| 4863 | - | 149.28that are owned by one person or entity, only one first tier amount is eligible for the reduced | |
| 4864 | - | 149.29rate. | |
| 4865 | - | 149.30 (3) The entire market value of personal property that is: (i) tools, implements, and | |
| 4866 | - | 149.31machinery of an electric generation, transmission, or distribution system; (ii) tools, | |
| 4867 | - | 149.32implements, and machinery of a pipeline system transporting or distributing water, gas, | |
| 4868 | - | 149.33crude oil, or petroleum products; or (iii) the mains and pipes used in the distribution of | |
| 4869 | - | 149Article 2 Sec. 3. | |
| 4870 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 150.1steam or hot or chilled water for heating or cooling buildings, has a classification rate as | |
| 4871 | - | 150.2provided under clause (1) for the remaining market value in excess of the first tier. | |
| 4872 | - | 150.3 (4) Real property used for raising, cultivating, processing, or storing cannabis plants, | |
| 4873 | - | 150.4cannabis flower, or cannabis products for sale has a classification rate as provided under | |
| 4874 | - | 150.5clause (1) for the first tier of market value and the remaining market value. As used in this | |
| 4875 | - | 150.6paragraph, "cannabis plant" has the meaning given in section 342.01, subdivision 18, | |
| 4876 | - | 150.7"cannabis flower" has the meaning given in section 342.01, subdivision 15, and "cannabis | |
| 4877 | - | 150.8product" has the meaning given in section 342.01, subdivision 19. | |
| 4878 | - | 150.9 EFFECTIVE DATE.This section is effective beginning with assessment year 2024 | |
| 4879 | - | 150.10and thereafter. | |
| 4880 | - | 150.11Sec. 4. Minnesota Statutes 2022, section 275.025, subdivision 2, is amended to read: | |
| 4881 | - | 150.12 Subd. 2.Commercial-industrial tax capacity.For the purposes of this section, | |
| 4882 | - | 150.13"commercial-industrial tax capacity" means the tax capacity of all taxable property classified | |
| 4883 | - | 150.14as class 3 or class 5(1) under section 273.13, excluding: | |
| 4884 | - | 150.15 (1) the tax capacity attributable to the first $150,000 of market value of each parcel of | |
| 4885 | - | 150.16commercial-industrial property as defined under section 273.13, subdivision 24, clauses (1) | |
| 4886 | - | 150.17and, (2), and (4); | |
| 4887 | - | 150.18 (2) electric generation attached machinery under class 3; and | |
| 4888 | - | 150.19 (3) property described in section 473.625. | |
| 4889 | - | 150.20 County commercial-industrial tax capacity amounts are not adjusted for the captured | |
| 4890 | - | 150.21net tax capacity of a tax increment financing district under section 469.177, subdivision 2, | |
| 4891 | - | 150.22the net tax capacity of transmission lines deducted from a local government's total net tax | |
| 4892 | - | 150.23capacity under section 273.425, or fiscal disparities contribution and distribution net tax | |
| 4893 | - | 150.24capacities under chapter 276A or 473F. For purposes of this subdivision, the procedures | |
| 4894 | - | 150.25for determining eligibility for tier 1 under section 273.13, subdivision 24, clauses (1) and | |
| 4895 | - | 150.26(2), shall apply in determining the portion of a property eligible to be considered within the | |
| 4896 | - | 150.27first $150,000 of market value. | |
| 4897 | - | 150.28 EFFECTIVE DATE.This section is effective beginning with assessment year 2024 | |
| 4898 | - | 150.29and thereafter. | |
| 4899 | - | 150Article 2 Sec. 4. | |
| 4900 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 151.1Sec. 5. [289A.33] FILING REQUIREMENTS AND DUE DATES; SPECIAL RULES. | |
| 4901 | - | 151.2 (a) Upon the request of any cannabis business as defined by section 342.01, subdivision | |
| 4902 | - | 151.313, required to collect and remit taxes imposed under section 295.81, chapter 290, or chapter | |
| 4903 | - | 151.4297A, the commissioner shall waive the requirement that payment of tax must be made | |
| 4904 | - | 151.5electronically if the failure to pay electronically is because the cannabis business is unable | |
| 4905 | - | 151.6to secure banking services and the inability to secure the services is due to its engagement | |
| 4906 | - | 151.7in cannabis-related business allowed under Minnesota law. | |
| 4907 | - | 151.8 (b) If, in consultation with the commissioner of commerce, the commissioner determines | |
| 4908 | - | 151.9that the inability to find banking services is widespread and enforcement of the electronic | |
| 4909 | - | 151.10payment requirement will significantly impede the ability of cannabis businesses to timely | |
| 4910 | - | 151.11pay taxes imposed under section 295.81, chapter 290, or chapter 297A, the commissioner | |
| 4911 | - | 151.12may publish notice on the department website that waives the requirement to pay the tax | |
| 4912 | - | 151.13electronically. If such notice is published, a cannabis business must file returns and pay | |
| 4913 | - | 151.14taxes lawfully due in the form and manner prescribed by the commissioner. | |
| 4914 | - | 151.15 (c) Nothing in this section relieves a cannabis business from timely filing and paying | |
| 4915 | - | 151.16taxes. | |
| 4916 | - | 151.17 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 4917 | - | 151.18Sec. 6. Minnesota Statutes 2022, section 290.0132, subdivision 29, is amended to read: | |
| 4918 | - | 151.19 Subd. 29.Disallowed section 280E expenses; medical cannabis manufacturers | |
| 4919 | - | 151.20licensees.The amount of expenses of a medical cannabis manufacturer business, as defined | |
| 4920 | - | 151.21under section 152.22, subdivision 7 342.01, subdivision 52, related to the business of medical | |
| 4921 | - | 151.22cannabis under sections 152.21 to 152.37 342.47 to 342.59, or a license holder under chapter | |
| 4922 | - | 151.23342, related to the business of nonmedical cannabis under that chapter, and not allowed for | |
| 4923 | - | 151.24federal income tax purposes under section 280E of the Internal Revenue Code is a subtraction. | |
| 4924 | - | 151.25 EFFECTIVE DATE.This section is effective for taxable years beginning after December | |
| 4925 | - | 151.2631, 2022. | |
| 4926 | - | 151.27Sec. 7. Minnesota Statutes 2022, section 290.0134, subdivision 19, is amended to read: | |
| 4927 | - | 151.28 Subd. 19.Disallowed section 280E expenses; medical cannabis manufacturers | |
| 4928 | - | 151.29licensees.The amount of expenses of a medical cannabis manufacturer business, as defined | |
| 4929 | - | 151.30under section 152.22, subdivision 7 342.01, subdivision 52, related to the business of medical | |
| 4930 | - | 151.31cannabis under sections 152.21 to 152.37 342.47 to 342.59, or a license holder under chapter | |
| 4931 | - | 151Article 2 Sec. 7. | |
| 4932 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 152.1342, related to the business of nonmedical cannabis under that chapter, and not allowed for | |
| 4933 | - | 152.2federal income tax purposes under section 280E of the Internal Revenue Code is a subtraction. | |
| 4934 | - | 152.3 EFFECTIVE DATE.This section is effective for taxable years beginning after December | |
| 4935 | - | 152.431, 2022. | |
| 4936 | - | 152.5Sec. 8. [295.81] CANNABIS GROSS RECEIPTS TAX. | |
| 4937 | - | 152.6 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have | |
| 4938 | - | 152.7the meanings given. | |
| 4939 | - | 152.8 (b) "Bundled transaction" means the retail sale of two or more products when the products | |
| 4940 | - | 152.9are otherwise distinct and identifiable, and the products are sold for one nonitemized price. | |
| 4941 | - | 152.10 (c) "Cannabis flower" has the meaning given in section 342.01, subdivision 15. | |
| 4942 | - | 152.11 (d) "Cannabis product" has the meaning given in section 342.01, subdivision 19. | |
| 4943 | - | 152.12 (e) "Cannabis solution product" means any cartridge, bottle, or other package that contains | |
| 4944 | - | 152.13a taxable cannabis product in a solution that is consumed or meant to be consumed through | |
| 4945 | - | 152.14the use of a heating element, power source, electronic circuit, or other electronic, chemical, | |
| 4946 | - | 152.15or mechanical means that produces vapor or aerosol. A cannabis solution product includes | |
| 4947 | - | 152.16any electronic delivery system, electronic vaping device, electronic vape pen, electronic | |
| 4948 | - | 152.17oral device, electronic delivery device, or similar product or device, and any batteries, | |
| 4949 | - | 152.18heating elements, or other components, parts, or accessories sold with and meant to be used | |
| 4950 | - | 152.19in the consumption of a solution containing a taxable cannabis product. | |
| 4951 | - | 152.20 (f) "Cannabis mezzobusiness" means a cannabis business licensed under section 342.31. | |
| 4952 | - | 152.21 (g) "Cannabis microbusiness" means a cannabis business licensed under section 342.29. | |
| 4953 | - | 152.22 (h) "Cannabis retailer" means a cannabis business licensed under section 342.27. | |
| 4954 | - | 152.23 (i) "Commissioner" means the commissioner of revenue. | |
| 4955 | - | 152.24 (j) "Gross receipts" means the total amount received, in money or by barter or exchange, | |
| 4956 | - | 152.25for all taxable cannabis product sales at retail as measured by the sales price. Gross receipts | |
| 4957 | - | 152.26include but are not limited to delivery charges and packaging costs. Gross receipts do not | |
| 4958 | - | 152.27include: | |
| 4959 | - | 152.28 (1) any taxes imposed directly on the customer that are separately stated on the invoice, | |
| 4960 | - | 152.29bill of sale, or similar document given to the purchaser; and | |
| 4961 | - | 152.30 (2) discounts, including cash, terms, or coupons, that are not reimbursed by a third party | |
| 4962 | - | 152.31and that are allowed by the seller and taken by a purchaser on a sale. | |
| 4963 | - | 152Article 2 Sec. 8. | |
| 4964 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 153.1 (k) "Hemp-derived consumer product" has the meaning given in section 342.01, | |
| 4965 | - | 153.2subdivision 35. | |
| 4966 | - | 153.3 (l) "Lower-potency hemp edible" has the meaning given in section 342.01, subdivision | |
| 4967 | - | 153.449. | |
| 4968 | - | 153.5 (m) "Lower-potency hemp edible retailer" means a cannabis business licensed under | |
| 4969 | - | 153.6section 342.41, subdivision 1, paragraph (b), clause (1). | |
| 4970 | - | 153.7 (n) "Medical cannabis flower" has the meaning given in section 342.01, subdivision 53. | |
| 4971 | - | 153.8 (o) "Medical cannabinoid product" has the meaning given in section 342.01, subdivision | |
| 4972 | - | 153.951. | |
| 4973 | - | 153.10 (p) "Medical cannabis paraphernalia" has the meaning given in section 342.01, | |
| 4974 | - | 153.11subdivision 54. | |
| 4975 | - | 153.12 (q) "Retail sale" has the meaning given in section 297A.61, subdivision 4. | |
| 4976 | - | 153.13 (r) "Taxable cannabis product" means cannabis flower, cannabis product, cannabis | |
| 4977 | - | 153.14solution product, hemp-derived consumer product, lower-potency hemp edible, and any | |
| 4978 | - | 153.15substantially similar product. | |
| 4979 | - | 153.16 (s) "Taxable cannabis product retailer" means a retailer that sells any taxable cannabis | |
| 4980 | - | 153.17product and includes a cannabis retailer, cannabis microbusiness, cannabis mezzobusiness, | |
| 4981 | - | 153.18and lower-potency hemp edible retailer. Taxable cannabis product retailer includes but is | |
| 4982 | - | 153.19not limited to a: | |
| 4983 | - | 153.20 (1) retailer maintaining a place of business in this state; | |
| 4984 | - | 153.21 (2) marketplace provider maintaining a place of business in this state, as defined in | |
| 4985 | - | 153.22section 297A.66, subdivision 1, paragraph (a); | |
| 4986 | - | 153.23 (3) retailer not maintaining a place of business in this state; and | |
| 4987 | - | 153.24 (4) marketplace provider not maintaining a place of business in this state, as defined in | |
| 4988 | - | 153.25section 297A.66, subdivision 1, paragraph (b). | |
| 4989 | - | 153.26 Subd. 2.Gross receipts tax imposed.(a) A tax equal to ten percent of gross receipts | |
| 4990 | - | 153.27from retail sales in Minnesota of taxable cannabis products is imposed on any taxable | |
| 4991 | - | 153.28cannabis product retailer that sells these products to customers. A taxable cannabis product | |
| 4992 | - | 153.29retailer may but is not required to collect the tax imposed by this section from the purchaser | |
| 4993 | - | 153.30as long as the tax is separately stated on the receipt, invoice, bill of sale, or similar document | |
| 4994 | - | 153.31given to the purchaser. | |
| 4995 | - | 153Article 2 Sec. 8. | |
| 4996 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 154.1 (b) If a product subject to the tax imposed by this section is included in a bundled | |
| 4997 | - | 154.2transaction, the entire sales price of the bundled transaction is subject to the tax imposed | |
| 4998 | - | 154.3by this section. | |
| 4999 | - | 154.4 (c) The tax imposed under this section is in addition to any other tax imposed on the | |
| 5000 | - | 154.5sale or use of taxable cannabis products. | |
| 5001 | - | 154.6 Subd. 3.Use tax imposed; credit for taxes paid.(a) A person that receives taxable | |
| 5002 | - | 154.7cannabis products for use or storage in Minnesota, other than from a taxable cannabis product | |
| 5003 | - | 154.8retailer that paid the tax under subdivision 2, is subject to tax at the rate imposed under | |
| 5004 | - | 154.9subdivision 2. Liability for the tax is incurred when the person has possession of the taxable | |
| 5005 | - | 154.10cannabis product in Minnesota. The tax must be remitted to the commissioner in the same | |
| 5006 | - | 154.11manner prescribed for taxes imposed under chapter 297A. | |
| 5007 | - | 154.12 (b) A person that has paid taxes to another state or any subdivision thereof on the same | |
| 5008 | - | 154.13transaction and is subject to tax under this section is entitled to a credit for the tax legally | |
| 5009 | - | 154.14due and paid to another state or subdivision thereof to the extent of the lesser of (1) the tax | |
| 5010 | - | 154.15actually paid to the other state or subdivision thereof, or (2) the amount of tax imposed by | |
| 5011 | - | 154.16Minnesota on the transaction subject to tax in the other state or subdivision thereof. | |
| 5012 | - | 154.17 Subd. 4.Exemptions.(a) The use tax imposed under subdivision 3, paragraph (a), does | |
| 5013 | - | 154.18not apply to the possession, use, or storage of taxable cannabis products if (1) the taxable | |
| 5014 | - | 154.19cannabis products have an aggregate cost in any calendar month to the customer of $100 | |
| 5015 | - | 154.20or less and (2) the taxable cannabis products were carried into this state by the customer. | |
| 5016 | - | 154.21 (b) The tax imposed under this section does not apply to sales of medical items purchased | |
| 5017 | - | 154.22by or for the patients enrolled in the registry program, including medical cannabis flower, | |
| 5018 | - | 154.23medical cannabinoid products, and medical cannabis paraphernalia. | |
| 5019 | - | 154.24 (c) Unless otherwise specified in this section, the exemptions applicable to taxes imposed | |
| 5020 | - | 154.25under chapter 297A are not applicable to the taxes imposed under this section. | |
| 5021 | - | 154.26 Subd. 5.Tax collection required.A taxable cannabis product retailer with nexus in | |
| 5022 | - | 154.27Minnesota, who is not subject to tax under subdivision 2, is required to collect the tax | |
| 5023 | - | 154.28imposed under subdivision 3 from the purchaser of the taxable cannabis product and give | |
| 5024 | - | 154.29the purchaser a receipt for the tax paid. The tax collected must be remitted to the | |
| 5025 | - | 154.30commissioner in the same manner prescribed for the taxes imposed under chapter 297A. | |
| 5026 | - | 154.31 Subd. 6.Taxes paid to another state or any subdivision thereof; credit.A taxable | |
| 5027 | - | 154.32cannabis product retailer that has paid taxes to another state or any subdivision thereof | |
| 5028 | - | 154.33measured by gross receipts and is subject to tax under this section on the same gross receipts | |
| 5029 | - | 154Article 2 Sec. 8. | |
| 5030 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 155.1is entitled to a credit for the tax legally due and paid to another state or any subdivision | |
| 5031 | - | 155.2thereof to the extent of the lesser of (1) the tax actually paid to the other state or any | |
| 5032 | - | 155.3subdivision thereof, or (2) the amount of tax imposed by Minnesota on the gross receipts | |
| 5033 | - | 155.4subject to tax in the other taxing state or any subdivision thereof. | |
| 5034 | - | 155.5 Subd. 7.Sourcing of sales.Section 297A.668 applies to the taxes imposed by this | |
| 5035 | - | 155.6section. | |
| 5036 | - | 155.7 Subd. 8.Administration.Unless specifically provided otherwise, the audit, assessment, | |
| 5037 | - | 155.8refund, penalty, interest, enforcement, collection remedies, appeal, and administrative | |
| 5038 | - | 155.9provisions of chapters 270C and 289A that are applicable to taxes imposed under chapter | |
| 5039 | - | 155.10297A, except the requirement to file returns and remit taxes due electronically if the | |
| 5040 | - | 155.11commissioner waives the requirement pursuant to section 289A.33, apply to the tax imposed | |
| 5041 | - | 155.12under this section. | |
| 5042 | - | 155.13 Subd. 9.Returns; payment of tax.(a) A taxable cannabis product retailer must report | |
| 5043 | - | 155.14the tax on a return prescribed by the commissioner and must remit the tax in a form and | |
| 5044 | - | 155.15manner prescribed by the commissioner. The return and the tax must be filed and paid using | |
| 5045 | - | 155.16the filing cycle and due dates provided for taxes imposed under section 289A.20, subdivision | |
| 5046 | - | 155.174, and chapter 297A. | |
| 5047 | - | 155.18 (b) Interest must be paid on an overpayment refunded or credited to the taxpayer from | |
| 5048 | - | 155.19the date of payment of the tax until the date the refund is paid or credited. For purposes of | |
| 5049 | - | 155.20this subdivision, the date of payment is the due date of the return or the date of actual | |
| 5050 | - | 155.21payment of the tax, whichever is later. | |
| 5051 | - | 155.22 Subd. 10.Deposit of revenues; account established.(a) The commissioner must deposit | |
| 5052 | - | 155.23the revenues, including penalties and interest, derived from the tax imposed by this section | |
| 5053 | - | 155.24as follows: | |
| 5054 | - | 155.25 (1) 75 percent to the general fund; and | |
| 5055 | - | 155.26 (2) 25 percent to the local government cannabis aid account in the special revenue fund. | |
| 5056 | - | 155.27 (b) The local government cannabis aid account is established in the special revenue fund. | |
| 5057 | - | 155.28 Subd. 11.Personal debt.The tax imposed by this section, and interest and penalties | |
| 5058 | - | 155.29imposed with respect to it, are a personal debt of the person required to file a return from | |
| 5059 | - | 155.30the time that the liability for it arises, irrespective of when the time for payment of the | |
| 5060 | - | 155.31liability occurs. The debt must, in the case of the executor or administrator of the estate of | |
| 5061 | - | 155.32a decedent and in the case of a fiduciary, be that of the person in the person's official or | |
| 5062 | - | 155.33fiduciary capacity only, unless the person has voluntarily distributed the assets held in that | |
| 5063 | - | 155Article 2 Sec. 8. | |
| 5064 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 156.1capacity without reserving sufficient assets to pay the tax, interest, and penalties, in which | |
| 5065 | - | 156.2event the person is personally liable for any deficiency. | |
| 5066 | - | 156.3 EFFECTIVE DATE.This section is effective for gross receipts received after June 30, | |
| 5067 | - | 156.42023. | |
| 5068 | - | 156.5Sec. 9. [295.82] CANNABIS LOCAL TAX PROHIBITED. | |
| 5069 | - | 156.6 A political subdivision of this state is prohibited from imposing a tax under this section | |
| 5070 | - | 156.7solely on the sale of taxable cannabis products as defined under section 295.81, subdivision | |
| 5071 | - | 156.81, paragraph (q). | |
| 5072 | - | 156.9 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 5073 | - | 156.10Sec. 10. Minnesota Statutes 2022, section 297A.61, subdivision 3, is amended to read: | |
| 5074 | - | 156.11 Subd. 3.Sale and purchase.(a) "Sale" and "purchase" include, but are not limited to, | |
| 5075 | - | 156.12each of the transactions listed in this subdivision. In applying the provisions of this chapter, | |
| 5076 | - | 156.13the terms "tangible personal property" and "retail sale" include the taxable services listed | |
| 5077 | - | 156.14in paragraph (g), clause (6), items (i) to (vi) and (viii), and the provision of these taxable | |
| 5078 | - | 156.15services, unless specifically provided otherwise. Services performed by an employee for | |
| 5079 | - | 156.16an employer are not taxable. Services performed by a partnership or association for another | |
| 5080 | - | 156.17partnership or association are not taxable if one of the entities owns or controls more than | |
| 5081 | - | 156.1880 percent of the voting power of the equity interest in the other entity. Services performed | |
| 5082 | - | 156.19between members of an affiliated group of corporations are not taxable. For purposes of | |
| 5083 | - | 156.20the preceding sentence, "affiliated group of corporations" means those entities that would | |
| 5084 | - | 156.21be classified as members of an affiliated group as defined under United States Code, title | |
| 5085 | - | 156.2226, section 1504, disregarding the exclusions in section 1504(b). | |
| 5086 | - | 156.23 (b) Sale and purchase include: | |
| 5087 | - | 156.24 (1) any transfer of title or possession, or both, of tangible personal property, whether | |
| 5088 | - | 156.25absolutely or conditionally, for a consideration in money or by exchange or barter; and | |
| 5089 | - | 156.26 (2) the leasing of or the granting of a license to use or consume, for a consideration in | |
| 5090 | - | 156.27money or by exchange or barter, tangible personal property, other than a manufactured | |
| 5091 | - | 156.28home used for residential purposes for a continuous period of 30 days or more. | |
| 5092 | - | 156.29 (c) Sale and purchase include the production, fabrication, printing, or processing of | |
| 5093 | - | 156.30tangible personal property for a consideration for consumers who furnish either directly or | |
| 5094 | - | 156.31indirectly the materials used in the production, fabrication, printing, or processing. | |
| 5095 | - | 156Article 2 Sec. 10. | |
| 5096 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 157.1 (d) Sale and purchase include the preparing for a consideration of food. Notwithstanding | |
| 5097 | - | 157.2section 297A.67, subdivision 2, taxable food includes, but is not limited to, the following: | |
| 5098 | - | 157.3 (1) prepared food sold by the retailer; | |
| 5099 | - | 157.4 (2) soft drinks; | |
| 5100 | - | 157.5 (3) candy; and | |
| 5101 | - | 157.6 (4) dietary supplements. | |
| 5102 | - | 157.7 (e) A sale and a purchase includes the furnishing for a consideration of electricity, gas, | |
| 5103 | - | 157.8water, or steam for use or consumption within this state. | |
| 5104 | - | 157.9 (f) A sale and a purchase includes the transfer for a consideration of prewritten computer | |
| 5105 | - | 157.10software whether delivered electronically, by load and leave, or otherwise. | |
| 5106 | - | 157.11 (g) A sale and a purchase includes the furnishing for a consideration of the following | |
| 5107 | - | 157.12services: | |
| 5108 | - | 157.13 (1) the privilege of admission to places of amusement, recreational areas, or athletic | |
| 5109 | - | 157.14events, and the making available of amusement devices, tanning facilities, reducing salons, | |
| 5110 | - | 157.15steam baths, health clubs, and spas or athletic facilities; | |
| 5111 | - | 157.16 (2) lodging and related services by a hotel, rooming house, resort, campground, motel, | |
| 5112 | - | 157.17or trailer camp, including furnishing the guest of the facility with access to telecommunication | |
| 5113 | - | 157.18services, and the granting of any similar license to use real property in a specific facility, | |
| 5114 | - | 157.19other than the renting or leasing of it for a continuous period of 30 days or more under an | |
| 5115 | - | 157.20enforceable written agreement that may not be terminated without prior notice and including | |
| 5116 | - | 157.21accommodations intermediary services provided in connection with other services provided | |
| 5117 | - | 157.22under this clause; | |
| 5118 | - | 157.23 (3) nonresidential parking services, whether on a contractual, hourly, or other periodic | |
| 5119 | - | 157.24basis, except for parking at a meter; | |
| 5120 | - | 157.25 (4) the granting of membership in a club, association, or other organization if: | |
| 5121 | - | 157.26 (i) the club, association, or other organization makes available for the use of its members | |
| 5122 | - | 157.27sports and athletic facilities, without regard to whether a separate charge is assessed for use | |
| 5123 | - | 157.28of the facilities; and | |
| 5124 | - | 157.29 (ii) use of the sports and athletic facility is not made available to the general public on | |
| 5125 | - | 157.30the same basis as it is made available to members. | |
| 5126 | - | 157Article 2 Sec. 10. | |
| 5127 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 158.1Granting of membership means both onetime initiation fees and periodic membership dues. | |
| 5128 | - | 158.2Sports and athletic facilities include golf courses; tennis, racquetball, handball, and squash | |
| 5129 | - | 158.3courts; basketball and volleyball facilities; running tracks; exercise equipment; swimming | |
| 5130 | - | 158.4pools; and other similar athletic or sports facilities; | |
| 5131 | - | 158.5 (5) delivery of aggregate materials by a third party, excluding delivery of aggregate | |
| 5132 | - | 158.6material used in road construction; and delivery of concrete block by a third party if the | |
| 5133 | - | 158.7delivery would be subject to the sales tax if provided by the seller of the concrete block. | |
| 5134 | - | 158.8For purposes of this clause, "road construction" means construction of: | |
| 5135 | - | 158.9 (i) public roads; | |
| 5136 | - | 158.10 (ii) cartways; and | |
| 5137 | - | 158.11 (iii) private roads in townships located outside of the seven-county metropolitan area | |
| 5138 | - | 158.12up to the point of the emergency response location sign; and | |
| 5139 | - | 158.13 (6) services as provided in this clause: | |
| 5140 | - | 158.14 (i) laundry and dry cleaning services including cleaning, pressing, repairing, altering, | |
| 5141 | - | 158.15and storing clothes, linen services and supply, cleaning and blocking hats, and carpet, | |
| 5142 | - | 158.16drapery, upholstery, and industrial cleaning. Laundry and dry cleaning services do not | |
| 5143 | - | 158.17include services provided by coin operated facilities operated by the customer; | |
| 5144 | - | 158.18 (ii) motor vehicle washing, waxing, and cleaning services, including services provided | |
| 5145 | - | 158.19by coin operated facilities operated by the customer, and rustproofing, undercoating, and | |
| 5146 | - | 158.20towing of motor vehicles; | |
| 5147 | - | 158.21 (iii) building and residential cleaning, maintenance, and disinfecting services and pest | |
| 5148 | - | 158.22control and exterminating services; | |
| 5149 | - | 158.23 (iv) detective, security, burglar, fire alarm, and armored car services; but not including | |
| 5150 | - | 158.24services performed within the jurisdiction they serve by off-duty licensed peace officers as | |
| 5151 | - | 158.25defined in section 626.84, subdivision 1, or services provided by a nonprofit organization | |
| 5152 | - | 158.26or any organization at the direction of a county for monitoring and electronic surveillance | |
| 5153 | - | 158.27of persons placed on in-home detention pursuant to court order or under the direction of the | |
| 5154 | - | 158.28Minnesota Department of Corrections; | |
| 5155 | - | 158.29 (v) pet grooming services; | |
| 5156 | - | 158.30 (vi) lawn care, fertilizing, mowing, spraying and sprigging services; garden planting | |
| 5157 | - | 158.31and maintenance; tree, bush, and shrub pruning, bracing, spraying, and surgery; indoor plant | |
| 5158 | - | 158.32care; tree, bush, shrub, and stump removal, except when performed as part of a land clearing | |
| 5159 | - | 158Article 2 Sec. 10. | |
| 5160 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 159.1contract as defined in section 297A.68, subdivision 40; and tree trimming for public utility | |
| 5161 | - | 159.2lines. Services performed under a construction contract for the installation of shrubbery, | |
| 5162 | - | 159.3plants, sod, trees, bushes, and similar items are not taxable; | |
| 5163 | - | 159.4 (vii) massages, except when provided by a licensed health care facility or professional | |
| 5164 | - | 159.5or upon written referral from a licensed health care facility or professional for treatment of | |
| 5165 | - | 159.6illness, injury, or disease; and | |
| 5166 | - | 159.7 (viii) the furnishing of lodging, board, and care services for animals in kennels and other | |
| 5167 | - | 159.8similar arrangements, but excluding veterinary and horse boarding services. | |
| 5168 | - | 159.9 (h) A sale and a purchase includes the furnishing for a consideration of tangible personal | |
| 5169 | - | 159.10property or taxable services by the United States or any of its agencies or instrumentalities, | |
| 5170 | - | 159.11or the state of Minnesota, its agencies, instrumentalities, or political subdivisions. | |
| 5171 | - | 159.12 (i) A sale and a purchase includes the furnishing for a consideration of | |
| 5172 | - | 159.13telecommunications services, ancillary services associated with telecommunication services, | |
| 5173 | - | 159.14and pay television services. Telecommunication services include, but are not limited to, the | |
| 5174 | - | 159.15following services, as defined in section 297A.669: air-to-ground radiotelephone service, | |
| 5175 | - | 159.16mobile telecommunication service, postpaid calling service, prepaid calling service, prepaid | |
| 5176 | - | 159.17wireless calling service, and private communication services. The services in this paragraph | |
| 5177 | - | 159.18are taxed to the extent allowed under federal law. | |
| 5178 | - | 159.19 (j) A sale and a purchase includes the furnishing for a consideration of installation if the | |
| 5179 | - | 159.20installation charges would be subject to the sales tax if the installation were provided by | |
| 5180 | - | 159.21the seller of the item being installed. | |
| 5181 | - | 159.22 (k) A sale and a purchase includes the rental of a vehicle by a motor vehicle dealer to a | |
| 5182 | - | 159.23customer when (1) the vehicle is rented by the customer for a consideration, or (2) the motor | |
| 5183 | - | 159.24vehicle dealer is reimbursed pursuant to a service contract as defined in section 59B.02, | |
| 5184 | - | 159.25subdivision 11. | |
| 5185 | - | 159.26 (l) A sale and a purchase includes furnishing for a consideration of specified digital | |
| 5186 | - | 159.27products or other digital products or granting the right for a consideration to use specified | |
| 5187 | - | 159.28digital products or other digital products on a temporary or permanent basis and regardless | |
| 5188 | - | 159.29of whether the purchaser is required to make continued payments for such right. Wherever | |
| 5189 | - | 159.30the term "tangible personal property" is used in this chapter, other than in subdivisions 10 | |
| 5190 | - | 159.31and 38, the provisions also apply to specified digital products, or other digital products, | |
| 5191 | - | 159.32unless specifically provided otherwise or the context indicates otherwise. | |
| 5192 | - | 159Article 2 Sec. 10. | |
| 5193 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 160.1 (m) The sale of the privilege of admission under section 297A.61, subdivision 3, | |
| 5194 | - | 160.2paragraph (g), clause (1), to a place of amusement, recreational area, or athletic event | |
| 5195 | - | 160.3includes all charges included in the privilege of admission's sales price, without deduction | |
| 5196 | - | 160.4for amenities that may be provided, unless the amenities are separately stated and the | |
| 5197 | - | 160.5purchaser of the privilege of admission is entitled to add or decline the amenities, and the | |
| 5198 | - | 160.6amenities are not otherwise taxable. | |
| 5199 | - | 160.7 (n) A sale and purchase includes the transfer for consideration of a taxable cannabis | |
| 5200 | - | 160.8product as defined in section 295.81, subdivision 1, paragraph (q). | |
| 5201 | - | 160.9 EFFECTIVE DATE.This section is effective for sales and purchases made after June | |
| 5202 | - | 160.1030, 2023. | |
| 5203 | - | 160.11Sec. 11. Minnesota Statutes 2022, section 297A.67, subdivision 2, is amended to read: | |
| 5204 | - | 160.12 Subd. 2.Food and food ingredients.Except as otherwise provided in this subdivision, | |
| 5205 | - | 160.13food and food ingredients are exempt. For purposes of this subdivision, "food" and "food | |
| 5206 | - | 160.14ingredients" mean substances, whether in liquid, concentrated, solid, frozen, dried, or | |
| 5207 | - | 160.15dehydrated form, that are sold for ingestion or chewing by humans and are consumed for | |
| 5208 | - | 160.16their taste or nutritional value. Food and food ingredients exempt under this subdivision do | |
| 5209 | - | 160.17not include candy, soft drinks, dietary supplements, and prepared foods. Food and food | |
| 5210 | - | 160.18ingredients do not include alcoholic beverages and, tobacco, taxable cannabis products, | |
| 5211 | - | 160.19medical cannabis flower, and medical cannabinoid products. For purposes of this subdivision, | |
| 5212 | - | 160.20"alcoholic beverages" means beverages that are suitable for human consumption and contain | |
| 5213 | - | 160.21one-half of one percent or more of alcohol by volume. For purposes of this subdivision, | |
| 5214 | - | 160.22"tobacco" means cigarettes, cigars, chewing or pipe tobacco, or any other item that contains | |
| 5215 | - | 160.23tobacco. For purposes of this subdivision, "taxable cannabis product" has the meaning given | |
| 5216 | - | 160.24in section 295.81, subdivision 1, paragraph (q), "medical cannabis flower" has the meaning | |
| 5217 | - | 160.25given in section 342.01, subdivision 53, and "medical cannabinoid product" has the meaning | |
| 5218 | - | 160.26given in section 342.01, subdivision 51. For purposes of this subdivision, "dietary | |
| 5219 | - | 160.27supplements" means any product, other than tobacco, intended to supplement the diet that: | |
| 5220 | - | 160.28 (1) contains one or more of the following dietary ingredients: | |
| 5221 | - | 160.29 (i) a vitamin; | |
| 5222 | - | 160.30 (ii) a mineral; | |
| 5223 | - | 160.31 (iii) an herb or other botanical; | |
| 5224 | - | 160.32 (iv) an amino acid; | |
| 5225 | - | 160Article 2 Sec. 11. | |
| 5226 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 161.1 (v) a dietary substance for use by humans to supplement the diet by increasing the total | |
| 5227 | - | 161.2dietary intake; and | |
| 5228 | - | 161.3 (vi) a concentrate, metabolite, constituent, extract, or combination of any ingredient | |
| 5229 | - | 161.4described in items (i) to (v); | |
| 5230 | - | 161.5 (2) is intended for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid form, | |
| 5231 | - | 161.6or if not intended for ingestion in such form, is not represented as conventional food and is | |
| 5232 | - | 161.7not represented for use as a sole item of a meal or of the diet; and | |
| 5233 | - | 161.8 (3) is required to be labeled as a dietary supplement, identifiable by the supplement facts | |
| 5234 | - | 161.9box found on the label and as required pursuant to Code of Federal Regulations, title 21, | |
| 5235 | - | 161.10section 101.36. | |
| 5236 | - | 161.11 EFFECTIVE DATE.This section is effective for sales and purchases made after June | |
| 5237 | - | 161.1230, 2023. | |
| 5238 | - | 161.13Sec. 12. Minnesota Statutes 2022, section 297A.67, subdivision 7, is amended to read: | |
| 5239 | - | 161.14 Subd. 7.Drugs; medical devices.(a) Sales of the following drugs and medical devices | |
| 5240 | - | 161.15for human use are exempt: | |
| 5241 | - | 161.16 (1) drugs, including over-the-counter drugs; | |
| 5242 | - | 161.17 (2) single-use finger-pricking devices for the extraction of blood and other single-use | |
| 5243 | - | 161.18devices and single-use diagnostic agents used in diagnosing, monitoring, or treating diabetes; | |
| 5244 | - | 161.19 (3) insulin and medical oxygen for human use, regardless of whether prescribed or sold | |
| 5245 | - | 161.20over the counter; | |
| 5246 | - | 161.21 (4) prosthetic devices; | |
| 5247 | - | 161.22 (5) durable medical equipment for home use only; | |
| 5248 | - | 161.23 (6) mobility enhancing equipment; | |
| 5249 | - | 161.24 (7) prescription corrective eyeglasses; and | |
| 5250 | - | 161.25 (8) kidney dialysis equipment, including repair and replacement parts. | |
| 5251 | - | 161.26 (b) Items purchased in transactions covered by: | |
| 5252 | - | 161.27 (1) Medicare as defined under title XVIII of the Social Security Act, United States Code, | |
| 5253 | - | 161.28title 42, section 1395, et seq.; or | |
| 5254 | - | 161.29 (2) Medicaid as defined under title XIX of the Social Security Act, United States Code, | |
| 5255 | - | 161.30title 42, section 1396, et seq. | |
| 5256 | - | 161Article 2 Sec. 12. | |
| 5257 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 162.1 (c) For purposes of this subdivision: | |
| 5258 | - | 162.2 (1) "Drug" means a compound, substance, or preparation, and any component of a | |
| 5259 | - | 162.3compound, substance, or preparation, other than food and food ingredients, dietary | |
| 5260 | - | 162.4supplements, taxable cannabis products as defined under section 295.81, subdivision 1, | |
| 5261 | - | 162.5paragraph (q), or alcoholic beverages that is: | |
| 5262 | - | 162.6 (i) recognized in the official United States Pharmacopoeia, official Homeopathic | |
| 5263 | - | 162.7Pharmacopoeia of the United States, or official National Formulary, and supplement to any | |
| 5264 | - | 162.8of them; | |
| 5265 | - | 162.9 (ii) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease; | |
| 5266 | - | 162.10or | |
| 5267 | - | 162.11 (iii) intended to affect the structure or any function of the body. | |
| 5268 | - | 162.12 (2) "Durable medical equipment" means equipment, including repair and replacement | |
| 5269 | - | 162.13parts, including single-patient use items, but not including mobility enhancing equipment, | |
| 5270 | - | 162.14that: | |
| 5271 | - | 162.15 (i) can withstand repeated use; | |
| 5272 | - | 162.16 (ii) is primarily and customarily used to serve a medical purpose; | |
| 5273 | - | 162.17 (iii) generally is not useful to a person in the absence of illness or injury; and | |
| 5274 | - | 162.18 (iv) is not worn in or on the body. | |
| 5275 | - | 162.19 For purposes of this clause, "repair and replacement parts" includes all components or | |
| 5276 | - | 162.20attachments used in conjunction with the durable medical equipment, including repair and | |
| 5277 | - | 162.21replacement parts which are for single patient use only. | |
| 5278 | - | 162.22 (3) "Mobility enhancing equipment" means equipment, including repair and replacement | |
| 5279 | - | 162.23parts, but not including durable medical equipment, that: | |
| 5280 | - | 162.24 (i) is primarily and customarily used to provide or increase the ability to move from one | |
| 5281 | - | 162.25place to another and that is appropriate for use either in a home or a motor vehicle; | |
| 5282 | - | 162.26 (ii) is not generally used by persons with normal mobility; and | |
| 5283 | - | 162.27 (iii) does not include any motor vehicle or equipment on a motor vehicle normally | |
| 5284 | - | 162.28provided by a motor vehicle manufacturer. | |
| 5285 | - | 162.29 (4) "Over-the-counter drug" means a drug that contains a label that identifies the product | |
| 5286 | - | 162.30as a drug as required by Code of Federal Regulations, title 21, section 201.66. The label | |
| 5287 | - | 162.31must include a "drug facts" panel or a statement of the active ingredients with a list of those | |
| 5288 | - | 162Article 2 Sec. 12. | |
| 5289 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 163.1ingredients contained in the compound, substance, or preparation. Over-the-counter drugs | |
| 5290 | - | 163.2do not include grooming and hygiene products, regardless of whether they otherwise meet | |
| 5291 | - | 163.3the definition. "Grooming and hygiene products" are soaps, cleaning solutions, shampoo, | |
| 5292 | - | 163.4toothpaste, mouthwash, antiperspirants, and suntan lotions and sunscreens. | |
| 5293 | - | 163.5 (5) "Prescribed" and "prescription" means a direction in the form of an order, formula, | |
| 5294 | - | 163.6or recipe issued in any form of oral, written, electronic, or other means of transmission by | |
| 5295 | - | 163.7a duly licensed health care professional. | |
| 5296 | - | 163.8 (6) "Prosthetic device" means a replacement, corrective, or supportive device, including | |
| 5297 | - | 163.9repair and replacement parts, worn on or in the body to: | |
| 5298 | - | 163.10 (i) artificially replace a missing portion of the body; | |
| 5299 | - | 163.11 (ii) prevent or correct physical deformity or malfunction; or | |
| 5300 | - | 163.12 (iii) support a weak or deformed portion of the body. | |
| 5301 | - | 163.13Prosthetic device does not include corrective eyeglasses. | |
| 5302 | - | 163.14 (7) "Kidney dialysis equipment" means equipment that: | |
| 5303 | - | 163.15 (i) is used to remove waste products that build up in the blood when the kidneys are not | |
| 5304 | - | 163.16able to do so on their own; and | |
| 5305 | - | 163.17 (ii) can withstand repeated use, including multiple use by a single patient, notwithstanding | |
| 5306 | - | 163.18the provisions of clause (2). | |
| 5307 | - | 163.19 (8) A transaction is covered by Medicare or Medicaid if any portion of the cost of the | |
| 5308 | - | 163.20item purchased in the transaction is paid for or reimbursed by the federal government or | |
| 5309 | - | 163.21the state of Minnesota pursuant to the Medicare or Medicaid program, by a private insurance | |
| 5310 | - | 163.22company administering the Medicare or Medicaid program on behalf of the federal | |
| 5311 | - | 163.23government or the state of Minnesota, or by a managed care organization for the benefit of | |
| 5312 | - | 163.24a patient enrolled in a prepaid program that furnishes medical services in lieu of conventional | |
| 5313 | - | 163.25Medicare or Medicaid coverage pursuant to agreement with the federal government or the | |
| 5314 | - | 163.26state of Minnesota. | |
| 5315 | - | 163.27 EFFECTIVE DATE.This section is effective for sales and purchases made after June | |
| 5316 | - | 163.2830, 2023. | |
| 5317 | - | 163Article 2 Sec. 12. | |
| 5318 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 164.1Sec. 13. Minnesota Statutes 2022, section 297A.70, subdivision 2, is amended to read: | |
| 5319 | - | 164.2 Subd. 2.Sales to government.(a) All sales, except those listed in paragraph (b), to the | |
| 5320 | - | 164.3following governments and political subdivisions, or to the listed agencies or instrumentalities | |
| 5321 | - | 164.4of governments and political subdivisions, are exempt: | |
| 5322 | - | 164.5 (1) the United States and its agencies and instrumentalities; | |
| 5323 | - | 164.6 (2) school districts, local governments, the University of Minnesota, state universities, | |
| 5324 | - | 164.7community colleges, technical colleges, state academies, the Perpich Minnesota Center for | |
| 5325 | - | 164.8Arts Education, and an instrumentality of a political subdivision that is accredited as an | |
| 5326 | - | 164.9optional/special function school by the North Central Association of Colleges and Schools; | |
| 5327 | - | 164.10 (3) hospitals and nursing homes owned and operated by political subdivisions of the | |
| 5328 | - | 164.11state of tangible personal property and taxable services used at or by hospitals and nursing | |
| 5329 | - | 164.12homes; | |
| 5330 | - | 164.13 (4) notwithstanding paragraph (d), the sales and purchases by the Metropolitan Council | |
| 5331 | - | 164.14of vehicles and repair parts to equip operations provided for in section 473.4051 are exempt | |
| 5332 | - | 164.15through December 31, 2016; | |
| 5333 | - | 164.16 (5) other states or political subdivisions of other states, if the sale would be exempt from | |
| 5334 | - | 164.17taxation if it occurred in that state; and | |
| 5335 | - | 164.18 (6) public libraries, public library systems, multicounty, multitype library systems as | |
| 5336 | - | 164.19defined in section 134.001, county law libraries under chapter 134A, state agency libraries, | |
| 5337 | - | 164.20the state library under section 480.09, and the Legislative Reference Library. | |
| 5338 | - | 164.21 (b) This exemption does not apply to the sales of the following products and services: | |
| 5339 | - | 164.22 (1) building, construction, or reconstruction materials purchased by a contractor or a | |
| 5340 | - | 164.23subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed | |
| 5341 | - | 164.24maximum price covering both labor and materials for use in the construction, alteration, or | |
| 5342 | - | 164.25repair of a building or facility; | |
| 5343 | - | 164.26 (2) construction materials purchased by tax exempt entities or their contractors to be | |
| 5344 | - | 164.27used in constructing buildings or facilities which will not be used principally by the tax | |
| 5345 | - | 164.28exempt entities; | |
| 5346 | - | 164.29 (3) the leasing of a motor vehicle as defined in section 297B.01, subdivision 11, except | |
| 5347 | - | 164.30for leases entered into by the United States or its agencies or instrumentalities; | |
| 5348 | - | 164.31 (4) lodging as defined under section 297A.61, subdivision 3, paragraph (g), clause (2), | |
| 5349 | - | 164.32and prepared food, candy, soft drinks, and alcoholic beverages as defined in section 297A.67, | |
| 4693 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 144.1and amount of money collected and distributed by the program, the program's assets and | |
| 4694 | + | 144.2liabilities, and an explanation of administrative expenses; and | |
| 4695 | + | 144.3 (2) provide for an independent annual audit to be performed in accordance with generally | |
| 4696 | + | 144.4accepted accounting practices and auditing standards and submit a copy of each annual | |
| 4697 | + | 144.5audit report to the office. | |
| 4698 | + | 144.6 (b) By February 15, 2024, and each February 15 thereafter, the office must submit a | |
| 4699 | + | 144.7report to the chairs and ranking minority members of the committees of the house of | |
| 4700 | + | 144.8representatives and the senate having jurisdiction over agriculture that details awards given | |
| 4701 | + | 144.9through the CanGrow program and the use of grant money, including any measures of | |
| 4702 | + | 144.10success toward helping farmers enter the legal cannabis industry. The report must include | |
| 4703 | + | 144.11geographic information regarding the issuance of grants and loans under this section, the | |
| 4704 | + | 144.12repayment rate of loans issued under subdivision 5, and a summary of the amount of loans | |
| 4705 | + | 144.13forgiven. | |
| 4706 | + | 144.14Sec. 72. [342.70] LAWFUL ACTIVITIES. | |
| 4707 | + | 144.15 (a) Notwithstanding any law to the contrary, the cultivation, manufacturing, possessing, | |
| 4708 | + | 144.16and selling of cannabis flower, cannabis products, synthetically derived cannabinoids, | |
| 4709 | + | 144.17lower-potency hemp edibles, and hemp-derived consumer products by a licensed cannabis | |
| 4710 | + | 144.18business in conformity with the rights granted by a cannabis business license is lawful and | |
| 4711 | + | 144.19may not be the grounds for the seizure or forfeiture of property, arrest or prosecution, or | |
| 4712 | + | 144.20search or inspections except as provided by this chapter. | |
| 4713 | + | 144.21 (b) A person acting as an agent of a licensed cannabis retailer or licensed cannabis | |
| 4714 | + | 144.22microbusiness who sells or otherwise transfers cannabis flower, cannabis products, | |
| 4715 | + | 144.23lower-potency hemp edibles, or hemp-derived consumer products to a person under 21 years | |
| 4716 | + | 144.24of age is not subject to arrest, prosecution, or forfeiture of property if the person complied | |
| 4717 | + | 144.25with section 342.28, subdivision 4, and any rules promulgated pursuant to this chapter. | |
| 4718 | + | 144.26Sec. 73. [342.71] CIVIL ACTIONS. | |
| 4719 | + | 144.27 Subdivision 1.Right of action.A spouse, child, parent, guardian, employer, or other | |
| 4720 | + | 144.28person injured in person, property, or means of support or who incurs other pecuniary loss | |
| 4721 | + | 144.29by an intoxicated person or by the intoxication of another person, has a right of action in | |
| 4722 | + | 144.30the person's own name for all damages sustained against a person who caused the intoxication | |
| 4723 | + | 144.31of that person by illegally selling cannabis flower or cannabis products. All damages | |
| 4724 | + | 144.32recovered by a minor under this section must be paid either to the minor or to the minor's | |
| 4725 | + | 144.33parent, guardian, or next friend as the court directs. | |
| 4726 | + | 144Article 1 Sec. 73. | |
| 4727 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 145.1 Subd. 2.Actions.All suits for damages under this section must be by civil action in a | |
| 4728 | + | 145.2court of this state having jurisdiction. | |
| 4729 | + | 145.3 Subd. 3.Comparative negligence.Actions under this section are governed by section | |
| 4730 | + | 145.4604.01. | |
| 4731 | + | 145.5 Subd. 4.Defense.It is a defense for the defendant to prove by a preponderance of the | |
| 4732 | + | 145.6evidence that the defendant reasonably and in good faith relied upon representations of | |
| 4733 | + | 145.7proof of age in selling, bartering, furnishing, or giving the cannabis or cannabis product. | |
| 4734 | + | 145.8 Subd. 5.Common law claims.Nothing in this chapter precludes common law tort claims | |
| 4735 | + | 145.9against any person 21 years old or older who knowingly provides or furnishes cannabis | |
| 4736 | + | 145.10flower or cannabinoid products to a person under the age of 21 years. | |
| 4737 | + | 145.11Sec. 74. [342.73] NUISANCE; ACTION. | |
| 4738 | + | 145.12 Subdivision 1.Nuisance.Any use of adult-use cannabis flower which is injurious to | |
| 4739 | + | 145.13health, indecent or offensive to the senses, or an obstruction to the free use of property so | |
| 4740 | + | 145.14as to interfere with the comfortable enjoyment of life or property is a nuisance. | |
| 4741 | + | 145.15 Subd. 2.Actions; landlord; association.(a) A person who is injuriously affected or | |
| 4742 | + | 145.16whose personal enjoyment is lessened by a nuisance under subdivision 1 may bring an | |
| 4743 | + | 145.17action for injunctive relief and the greater of the person's actual damages or a civil penalty | |
| 4744 | + | 145.18of $250. | |
| 4745 | + | 145.19 (b) If a landlord, as defined in section 504B.001, subdivision 7, or an association, as | |
| 4746 | + | 145.20defined in section 515B.1-103, clause (4), fails to enforce the terms of a lease, governing | |
| 4747 | + | 145.21document, or policy related to the use of adult-use cannabis flower on the premises or | |
| 4748 | + | 145.22property, a person who is injuriously affected or whose personal enjoyment is lessened by | |
| 4749 | + | 145.23a nuisance under subdivision 1 as a result of the failure to enforce the terms may bring an | |
| 4750 | + | 145.24action against the landlord or association seeking injunctive relief and the greater of the | |
| 4751 | + | 145.25person's actual damages or a civil penalty of $500. | |
| 4752 | + | 145.26 EFFECTIVE DATE.This section is effective July 1, 2023, and applies to causes of | |
| 4753 | + | 145.27actions accruing on or after that date. | |
| 4754 | + | 145.28Sec. 75. REPORT; TRAFFIC AND TRANSPORTATION ISSUES. | |
| 4755 | + | 145.29 By January 31, 2024, the Office of Cannabis Management must submit a report to the | |
| 4756 | + | 145.30chairs and ranking minority members of the legislative committees with jurisdiction over | |
| 4757 | + | 145.31transportation policy and finance. At a minimum, the report must include: | |
| 4758 | + | 145Article 1 Sec. 75. | |
| 4759 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 146.1 (1) a description of all rules adopted that relate to traffic and transportation laws and | |
| 4760 | + | 146.2cannabis transporter licensing and operations; | |
| 4761 | + | 146.3 (2) recommendations on changes to statutes that would codify the rules; and | |
| 4762 | + | 146.4 (3) recommendations on how to improve any aspects of this act. The recommendations | |
| 4763 | + | 146.5must be developed in consultation with the commissioner of transportation, the commissioner | |
| 4764 | + | 146.6of public safety, the colonel of the State Patrol, and the director of the Office of Traffic | |
| 4765 | + | 146.7Safety in the Department of Public Safety. | |
| 4766 | + | 146.8Sec. 76. TRANSPORTER LICENSE ESTABLISHMENT. | |
| 4767 | + | 146.9 When establishing the process for issuing transporter licenses and the requirements for | |
| 4768 | + | 146.10obtaining a transporter license, the Office of Cannabis Management must consult with the | |
| 4769 | + | 146.11Commissioner of Transportation about best practices for issuing licenses. | |
| 4770 | + | 146.12Sec. 77. INITIAL APPOINTMENTS; FIRST TERMS; FIRST MEETING FOR THE | |
| 4771 | + | 146.13CANNABIS ADVISORY COUNCIL. | |
| 4772 | + | 146.14 Subdivision 1.Appointments; first terms.Appointing authorities must make the first | |
| 4773 | + | 146.15appointments to the Cannabis Advisory Council under Minnesota Statutes, section 342.03, | |
| 4774 | + | 146.16by August 1, 2023. The members appointed under Minnesota Statutes, section 342.03, | |
| 4775 | + | 146.17subdivision 1, paragraph (a), clauses (14) to (26) and (38), items (i) to (vi), shall serve terms | |
| 4776 | + | 146.18coterminous with the governor. The members appointed under Minnesota Statutes, section | |
| 4777 | + | 146.19342.03, subdivision 1, paragraph (a), clauses (27) to (37) and (38), items (vii) to (xi), shall | |
| 4778 | + | 146.20serve terms that conclude the year after the end of a governor's term. | |
| 4779 | + | 146.21 Subd. 2.First meeting.The director of the Office of Cannabis Management shall convene | |
| 4780 | + | 146.22the first meeting of the Cannabis Advisory Council by September 15, 2023. | |
| 4781 | + | 146.23Sec. 78. EFFECTIVE DATE. | |
| 4782 | + | 146.24 Except as otherwise provided, each section of this article is effective July 1, 2023. | |
| 4783 | + | 146.25 ARTICLE 2 | |
| 4784 | + | 146.26 TAXES | |
| 4785 | + | 146.27Section 1. Minnesota Statutes 2022, section 273.13, subdivision 24, is amended to read: | |
| 4786 | + | 146.28 Subd. 24.Class 3.Commercial and industrial property and utility real and personal | |
| 4787 | + | 146.29property is class 3a. | |
| 4788 | + | 146Article 2 Section 1. | |
| 4789 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 147.1 (1) Except as otherwise provided, each parcel of commercial, industrial, or utility real | |
| 4790 | + | 147.2property has a classification rate of 1.5 percent of the first tier of market value, and 2.0 | |
| 4791 | + | 147.3percent of the remaining market value. In the case of contiguous parcels of property owned | |
| 4792 | + | 147.4by the same person or entity, only the value equal to the first-tier value of the contiguous | |
| 4793 | + | 147.5parcels qualifies for the reduced classification rate, except that contiguous parcels owned | |
| 4794 | + | 147.6by the same person or entity shall be eligible for the first-tier value classification rate on | |
| 4795 | + | 147.7each separate business operated by the owner of the property, provided the business is | |
| 4796 | + | 147.8housed in a separate structure. For the purposes of this subdivision, the first tier means the | |
| 4797 | + | 147.9first $150,000 of market value. Real property owned in fee by a utility for transmission line | |
| 4798 | + | 147.10right-of-way shall be classified at the classification rate for the higher tier. | |
| 4799 | + | 147.11 For purposes of this subdivision, parcels are considered to be contiguous even if they | |
| 4800 | + | 147.12are separated from each other by a road, street, waterway, or other similar intervening type | |
| 4801 | + | 147.13of property. Connections between parcels that consist of power lines or pipelines do not | |
| 4802 | + | 147.14cause the parcels to be contiguous. Property owners who have contiguous parcels of property | |
| 4803 | + | 147.15that constitute separate businesses that may qualify for the first-tier classification rate shall | |
| 4804 | + | 147.16notify the assessor by July 1, for treatment beginning in the following taxes payable year. | |
| 4805 | + | 147.17 (2) All personal property that is: (i) part of an electric generation, transmission, or | |
| 4806 | + | 147.18distribution system; or (ii) part of a pipeline system transporting or distributing water, gas, | |
| 4807 | + | 147.19crude oil, or petroleum products; and (iii) not described in clause (3), and all railroad | |
| 4808 | + | 147.20operating property has a classification rate as provided under clause (1) for the first tier of | |
| 4809 | + | 147.21market value and the remaining market value. In the case of multiple parcels in one county | |
| 4810 | + | 147.22that are owned by one person or entity, only one first tier amount is eligible for the reduced | |
| 4811 | + | 147.23rate. | |
| 4812 | + | 147.24 (3) The entire market value of personal property that is: (i) tools, implements, and | |
| 4813 | + | 147.25machinery of an electric generation, transmission, or distribution system; (ii) tools, | |
| 4814 | + | 147.26implements, and machinery of a pipeline system transporting or distributing water, gas, | |
| 4815 | + | 147.27crude oil, or petroleum products; or (iii) the mains and pipes used in the distribution of | |
| 4816 | + | 147.28steam or hot or chilled water for heating or cooling buildings, has a classification rate as | |
| 4817 | + | 147.29provided under clause (1) for the remaining market value in excess of the first tier. | |
| 4818 | + | 147.30 (4) Property used for raising, cultivating, processing, or storing cannabis plants, cannabis | |
| 4819 | + | 147.31flower, or cannabinoid products for sale has a classification rate as provided under clause | |
| 4820 | + | 147.32(1) for the first tier of market value and the remaining market value. As used in this | |
| 4821 | + | 147.33paragraph, "cannabis plant" has the meaning given in section 342.01, subdivision 19; | |
| 4822 | + | 147.34"cannabis flower" has the meaning given in section 342.01, subdivision 16; "cannabis | |
| 4823 | + | 147Article 2 Section 1. | |
| 4824 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 148.1product" has the meaning given in section 342.01, subdivision 12; and "lower-potency hemp | |
| 4825 | + | 148.2edible" has the meaning given in section 342.01, subdivision 49. | |
| 4826 | + | 148.3 EFFECTIVE DATE.This section is effective beginning with property taxes payable | |
| 4827 | + | 148.4in 2024 and thereafter. | |
| 4828 | + | 148.5Sec. 2. Minnesota Statutes 2022, section 275.025, subdivision 2, is amended to read: | |
| 4829 | + | 148.6 Subd. 2.Commercial-industrial tax capacity.For the purposes of this section, | |
| 4830 | + | 148.7"commercial-industrial tax capacity" means the tax capacity of all taxable property classified | |
| 4831 | + | 148.8as class 3 or class 5(1) under section 273.13, excluding: | |
| 4832 | + | 148.9 (1) the tax capacity attributable to the first $150,000 of market value of each parcel of | |
| 4833 | + | 148.10commercial-industrial property as defined under section 273.13, subdivision 24, clauses (1) | |
| 4834 | + | 148.11and, (2), and (4); | |
| 4835 | + | 148.12 (2) electric generation attached machinery under class 3; and | |
| 4836 | + | 148.13 (3) property described in section 473.625. | |
| 4837 | + | 148.14 County commercial-industrial tax capacity amounts are not adjusted for the captured | |
| 4838 | + | 148.15net tax capacity of a tax increment financing district under section 469.177, subdivision 2, | |
| 4839 | + | 148.16the net tax capacity of transmission lines deducted from a local government's total net tax | |
| 4840 | + | 148.17capacity under section 273.425, or fiscal disparities contribution and distribution net tax | |
| 4841 | + | 148.18capacities under chapter 276A or 473F. For purposes of this subdivision, the procedures | |
| 4842 | + | 148.19for determining eligibility for tier 1 under section 273.13, subdivision 24, clauses (1) and | |
| 4843 | + | 148.20(2), shall apply in determining the portion of a property eligible to be considered within the | |
| 4844 | + | 148.21first $150,000 of market value. | |
| 4845 | + | 148.22 EFFECTIVE DATE.This section is effective beginning with property taxes payable | |
| 4846 | + | 148.23in 2024 and thereafter. | |
| 4847 | + | 148.24Sec. 3. [289A.33] FILING REQUIREMENTS AND DUE DATES; SPECIAL RULES. | |
| 4848 | + | 148.25 A cannabis business as defined by section 342.01, subdivision 14, required to collect | |
| 4849 | + | 148.26and remit the taxes imposed under section 295.81 or chapters 290 and 297A is not subject | |
| 4850 | + | 148.27to the electronic remittance requirements imposed by this chapter. A cannabis business must | |
| 4851 | + | 148.28file returns and remit taxes lawfully due in the form and manner prescribed by the | |
| 4852 | + | 148.29commissioner of revenue. | |
| 4853 | + | 148.30 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 4854 | + | 148Article 2 Sec. 3. | |
| 4855 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 149.1Sec. 4. Minnesota Statutes 2022, section 290.0132, subdivision 29, is amended to read: | |
| 4856 | + | 149.2 Subd. 29.Disallowed section 280E expenses; medical cannabis manufacturers | |
| 4857 | + | 149.3licensees.The amount of expenses of a medical cannabis manufacturer business, as defined | |
| 4858 | + | 149.4under section 152.22, subdivision 7 342.01, subdivision 52, related to the business of medical | |
| 4859 | + | 149.5cannabis under sections 152.21 to 152.37 342.47 to 347.59, or a license holder under chapter | |
| 4860 | + | 149.6342, related to the business of nonmedical cannabis under that chapter, and not allowed for | |
| 4861 | + | 149.7federal income tax purposes under section 280E of the Internal Revenue Code is a subtraction. | |
| 4862 | + | 149.8 EFFECTIVE DATE.This section is effective for taxable years beginning after December | |
| 4863 | + | 149.931, 2022. | |
| 4864 | + | 149.10Sec. 5. Minnesota Statutes 2022, section 290.0134, subdivision 19, is amended to read: | |
| 4865 | + | 149.11 Subd. 19.Disallowed section 280E expenses; medical cannabis manufacturers | |
| 4866 | + | 149.12licensees.The amount of expenses of a medical cannabis manufacturer business, as defined | |
| 4867 | + | 149.13under section 152.22, subdivision 7 342.01, subdivision 48, related to the business of medical | |
| 4868 | + | 149.14cannabis under sections 152.21 to 152.37 342.42 to 342.56, or a license holder under chapter | |
| 4869 | + | 149.15342, related to the business of nonmedical cannabis under that chapter, and not allowed for | |
| 4870 | + | 149.16federal income tax purposes under section 280E of the Internal Revenue Code is a subtraction. | |
| 4871 | + | 149.17 EFFECTIVE DATE.This section is effective for taxable years beginning after December | |
| 4872 | + | 149.1831, 2022. | |
| 4873 | + | 149.19Sec. 6. [295.81] ADULT-USE CANNABIS FLOWER AND ADULT-USE | |
| 4874 | + | 149.20CANNABINOID PRODUCTS GROSS RECEIPTS TAX. | |
| 4875 | + | 149.21 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have | |
| 4876 | + | 149.22the meanings given. | |
| 4877 | + | 149.23 (b) "Adult-use cannabis flower" has the meaning given in section 342.01, subdivision | |
| 4878 | + | 149.244. | |
| 4879 | + | 149.25 (c) "Adult-use cannabis product" has the meaning given in section 342.01, subdivision | |
| 4880 | + | 149.262, and includes adult-use cannabis concentrate as defined in section 342.01, subdivision 3. | |
| 4881 | + | 149.27 (d) "Adult-use cannabis solution product" means any cartridge, bottle, or other package | |
| 4882 | + | 149.28that contains adult-use cannabis flower or an adult-use cannabinoid product in a solution | |
| 4883 | + | 149.29that is consumed or meant to be consumed through the use of a heating element, power | |
| 4884 | + | 149.30source, electronic circuit, or other electronic, chemical, or mechanical means that produces | |
| 4885 | + | 149.31vapor or aerosol. An adult-use cannabis solution product includes any electronic adult-use | |
| 4886 | + | 149.32cannabis concentrate delivery system, electronic vaping device, electronic vape pen, | |
| 4887 | + | 149Article 2 Sec. 6. | |
| 4888 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 150.1electronic oral device, electronic delivery device, or similar product or device, and any | |
| 4889 | + | 150.2batteries, heating elements, or other components, parts, or accessories sold with and meant | |
| 4890 | + | 150.3to be used in the consumption of a solution containing adult-use cannabis or an adult-use | |
| 4891 | + | 150.4cannabis product. | |
| 4892 | + | 150.5 (e) "Cannabis microbusiness" means a cannabis business licensed under section 342.29. | |
| 4893 | + | 150.6 (f) "Cannabis retailer" means a retailer that sells adult-use cannabis flower, adult-use | |
| 4894 | + | 150.7cannabinoid products, adult-use cannabis solution products, or lower potency edible products. | |
| 4895 | + | 150.8Cannabis retailer includes a: | |
| 4896 | + | 150.9 (1) retailer maintaining a place of business in this state; | |
| 4897 | + | 150.10 (2) marketplace provider maintaining a place of business in this state, as defined in | |
| 4898 | + | 150.11section 297A.66, subdivision 1, paragraph (a); | |
| 4899 | + | 150.12 (3) retailer not maintaining a place of business in this state; and | |
| 4900 | + | 150.13 (4) marketplace provider not maintaining a place of business in this state, as defined in | |
| 4901 | + | 150.14section 297A.66, subdivision 1, paragraph (b). | |
| 4902 | + | 150.15 (g) "Commissioner" means the commissioner of revenue. | |
| 4903 | + | 150.16 (h) "Gross receipts" means the total amount received, in money or by barter or exchange, | |
| 4904 | + | 150.17for all adult-use cannabis flower, adult-use cannabinoid products, adult-use cannabis solution | |
| 4905 | + | 150.18products, or lower-potency edible product sales at retail as measured by the sales price. | |
| 4906 | + | 150.19Gross receipts include but are not limited to delivery charges and packaging costs. Gross | |
| 4907 | + | 150.20receipts do not include: | |
| 4908 | + | 150.21 (1) any taxes imposed directly on the customer that are separately stated on the invoice, | |
| 4909 | + | 150.22bill of sale, or similar document given to the purchaser; and | |
| 4910 | + | 150.23 (2) discounts, including cash, terms, or coupons, that are not reimbursed by a third party | |
| 4911 | + | 150.24and that are allowed by the seller and taken by a purchaser on a sale. | |
| 4912 | + | 150.25 (i) "Lower-potency hemp edible" has the meaning given in section 342.01, subdivision | |
| 4913 | + | 150.2645. | |
| 4914 | + | 150.27 (j) "On-site sale" means the sale of adult-use cannabis or adult-use cannabinoid products | |
| 4915 | + | 150.28for consumption on the premises of a cannabis microbusiness or the sale of lower potency | |
| 4916 | + | 150.29edible products for consumption on the premises of a lower-potency edible product retailer. | |
| 4917 | + | 150.30 (k) "Retail sale" has the meaning given in section 297A.61, subdivision 4. | |
| 4918 | + | 150Article 2 Sec. 6. | |
| 4919 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 151.1 Subd. 2.Gross receipts tax imposed.(a) A tax equal to eight percent of gross receipts | |
| 4920 | + | 151.2from retail and on-site sales in Minnesota of adult-use cannabis flower, adult-use cannabinoid | |
| 4921 | + | 151.3products, adult-use cannabis solution products, and lower potency edible products is imposed | |
| 4922 | + | 151.4on any cannabis retailer, cannabis microbusiness, or lower-potency hemp edible retailer | |
| 4923 | + | 151.5that sells these products to customers. A cannabis retailer, cannabis microbusiness, or | |
| 4924 | + | 151.6lower-potency hemp edible retailer may but is not required to collect the tax imposed by | |
| 4925 | + | 151.7this section from the purchaser as long as the tax is separately stated on the receipt, invoice, | |
| 4926 | + | 151.8bill of sale, or similar document given to the purchaser. | |
| 4927 | + | 151.9 (b) If a product subject to the tax imposed by this section is bundled in a single transaction | |
| 4928 | + | 151.10with a product or service that is not subject to the tax imposed by this section, the entire | |
| 4929 | + | 151.11sales price of the transaction is subject to the tax imposed by this section. | |
| 4930 | + | 151.12 (c) The tax imposed under this section is in addition to any other tax imposed on the | |
| 4931 | + | 151.13sale or use of adult-use cannabis flower, adult-use cannabis products, adult-use cannabis | |
| 4932 | + | 151.14solution products, and lower-potency hemp edibles. | |
| 4933 | + | 151.15 Subd. 3.Use tax imposed; credit for taxes paid.(a) A person that receives adult-use | |
| 4934 | + | 151.16cannabis flower, adult-use cannabis products, adult-use cannabis solution products, or | |
| 4935 | + | 151.17lower-potency hemp edibles for use or storage in Minnesota, other than from a cannabis | |
| 4936 | + | 151.18retailer, cannabis microbusiness, or lower-potency hemp edible retailer that paid the tax | |
| 4937 | + | 151.19under subdivision 2, is subject to tax at the rate imposed under subdivision 2. Liability for | |
| 4938 | + | 151.20the tax is incurred when the person has possession of the adult-use cannabis flower, adult-use | |
| 4939 | + | 151.21cannabinoid product, or lower-potency edible product in Minnesota. The tax must be remitted | |
| 4940 | + | 151.22to the commissioner in the same manner prescribed for taxes imposed under chapter 297A. | |
| 4941 | + | 151.23 (b) A person that has paid taxes to another state or any subdivision thereof on the same | |
| 4942 | + | 151.24transaction and is subject to tax under this section is entitled to a credit for the tax legally | |
| 4943 | + | 151.25due and paid to another state or subdivision thereof to the extent of the lesser of (1) the tax | |
| 4944 | + | 151.26actually paid to the other state or subdivision thereof, or (2) the amount of tax imposed by | |
| 4945 | + | 151.27Minnesota on the transaction subject to tax in the other state or subdivision thereof. | |
| 4946 | + | 151.28 Subd. 4.Exemptions.(a) The use tax imposed under subdivision 2, paragraph (b), does | |
| 4947 | + | 151.29not apply to the possession, use, or storage of adult-use cannabis flower, adult-use cannabis | |
| 4948 | + | 151.30products, adult-use cannabis solution products, or lower-potency hemp edibles if (1) the | |
| 4949 | + | 151.31adult-use cannabis flower, adult-use cannabis products, adult-use cannabis solution products, | |
| 4950 | + | 151.32or lower-potency hemp edibles have an aggregate cost in any calendar month to the customer | |
| 4951 | + | 151.33of $100 or less, and (2) the adult-use cannabis flower, adult-use cannabinoid products, | |
| 4952 | + | 151Article 2 Sec. 6. | |
| 4953 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 152.1adult-use cannabis solution products, or lower potency edible products were carried into | |
| 4954 | + | 152.2this state by the customer. | |
| 4955 | + | 152.3 (b) The tax imposed under this section does not apply to sales of medical cannabis flower | |
| 4956 | + | 152.4and medical cannabinoid products purchased by or for the patients enrolled in the registry | |
| 4957 | + | 152.5program. | |
| 4958 | + | 152.6 (c) Unless otherwise specified in this section, the exemptions applicable to taxes imposed | |
| 4959 | + | 152.7under chapter 297A are not applicable to the taxes imposed under this section. | |
| 4960 | + | 152.8 Subd. 5.Tax collection required.A cannabis retailer, cannabis microbusiness, or lower | |
| 4961 | + | 152.9potency edible retailer with nexus in Minnesota, who is not subject to tax under subdivision | |
| 4962 | + | 152.102, is required to collect the tax imposed under subdivision 3 from the purchaser of the | |
| 4963 | + | 152.11adult-use cannabis flower, adult-use cannabinoid product, adult-use cannabis solution | |
| 4964 | + | 152.12product, or lower-potency edible product and give the purchaser a receipt for the tax paid. | |
| 4965 | + | 152.13The tax collected must be remitted to the commissioner in the same manner prescribed for | |
| 4966 | + | 152.14the taxes imposed under chapter 297A. | |
| 4967 | + | 152.15 Subd. 6.Taxes paid to another state or any subdivision thereof; credit.A cannabis | |
| 4968 | + | 152.16retailer, cannabis microbusiness, or lower potency edible retailer that has paid taxes to | |
| 4969 | + | 152.17another state or any subdivision thereof measured by gross receipts and is subject to tax | |
| 4970 | + | 152.18under this section on the same gross receipts is entitled to a credit for the tax legally due | |
| 4971 | + | 152.19and paid to another state or any subdivision thereof to the extent of the lesser of (1) the tax | |
| 4972 | + | 152.20actually paid to the other state or any subdivision thereof, or (2) the amount of tax imposed | |
| 4973 | + | 152.21by Minnesota on the gross receipts subject to tax in the other taxing state or any subdivision | |
| 4974 | + | 152.22thereof. | |
| 4975 | + | 152.23 Subd. 7.Sourcing of sales.Section 297A.668 applies to the taxes imposed by this | |
| 4976 | + | 152.24section. | |
| 4977 | + | 152.25 Subd. 8.Administration.Unless specifically provided otherwise, the audit, assessment, | |
| 4978 | + | 152.26refund, penalty, interest, enforcement, collection remedies, appeal, and administrative | |
| 4979 | + | 152.27provisions of chapters 270C and 289A that are applicable to taxes imposed under chapter | |
| 4980 | + | 152.28297A, except the requirement to file returns and remit taxes due electronically, apply to the | |
| 4981 | + | 152.29tax imposed under this section. | |
| 4982 | + | 152.30 Subd. 9.Returns; payment of tax.(a) A cannabis retailer, cannabis microbusiness, or | |
| 4983 | + | 152.31lower-potency edible product retailer must report the tax on a return prescribed by the | |
| 4984 | + | 152.32commissioner and must remit the tax in a form and manner prescribed by the commissioner. | |
| 4985 | + | 152.33The return and the tax must be filed and paid using the filing cycle and due dates provided | |
| 4986 | + | 152.34for taxes imposed under section 289A.20, subdivision 4, and chapter 297A. | |
| 4987 | + | 152Article 2 Sec. 6. | |
| 4988 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 153.1 (b) Interest must be paid on an overpayment refunded or credited to the taxpayer from | |
| 4989 | + | 153.2the date of payment of the tax until the date the refund is paid or credited. For purposes of | |
| 4990 | + | 153.3this subdivision, the date of payment is the due date of the return or the date of actual | |
| 4991 | + | 153.4payment of the tax, whichever is later. | |
| 4992 | + | 153.5 Subd. 10.Deposit of revenues.The commissioner must deposit all revenues, including | |
| 4993 | + | 153.6penalties and interest, derived from the tax imposed by this section in the general fund. | |
| 4994 | + | 153.7 Subd. 11.Personal debt.The tax imposed by this section, and interest and penalties | |
| 4995 | + | 153.8imposed with respect to it, are a personal debt of the person required to file a return from | |
| 4996 | + | 153.9the time that the liability for it arises, irrespective of when the time for payment of the | |
| 4997 | + | 153.10liability occurs. The debt must, in the case of the executor or administrator of the estate of | |
| 4998 | + | 153.11a decedent and in the case of a fiduciary, be that of the person in the person's official or | |
| 4999 | + | 153.12fiduciary capacity only, unless the person has voluntarily distributed the assets held in that | |
| 5000 | + | 153.13capacity without reserving sufficient assets to pay the tax, interest, and penalties, in which | |
| 5001 | + | 153.14event the person is personally liable for any deficiency. | |
| 5002 | + | 153.15 EFFECTIVE DATE.This section is effective for gross receipts received after December | |
| 5003 | + | 153.1631, 2023. | |
| 5004 | + | 153.17Sec. 7. Minnesota Statutes 2022, section 297A.61, subdivision 3, is amended to read: | |
| 5005 | + | 153.18 Subd. 3.Sale and purchase.(a) "Sale" and "purchase" include, but are not limited to, | |
| 5006 | + | 153.19each of the transactions listed in this subdivision. In applying the provisions of this chapter, | |
| 5007 | + | 153.20the terms "tangible personal property" and "retail sale" include the taxable services listed | |
| 5008 | + | 153.21in paragraph (g), clause (6), items (i) to (vi) and (viii), and the provision of these taxable | |
| 5009 | + | 153.22services, unless specifically provided otherwise. Services performed by an employee for | |
| 5010 | + | 153.23an employer are not taxable. Services performed by a partnership or association for another | |
| 5011 | + | 153.24partnership or association are not taxable if one of the entities owns or controls more than | |
| 5012 | + | 153.2580 percent of the voting power of the equity interest in the other entity. Services performed | |
| 5013 | + | 153.26between members of an affiliated group of corporations are not taxable. For purposes of | |
| 5014 | + | 153.27the preceding sentence, "affiliated group of corporations" means those entities that would | |
| 5015 | + | 153.28be classified as members of an affiliated group as defined under United States Code, title | |
| 5016 | + | 153.2926, section 1504, disregarding the exclusions in section 1504(b). | |
| 5017 | + | 153.30 (b) Sale and purchase include: | |
| 5018 | + | 153.31 (1) any transfer of title or possession, or both, of tangible personal property, whether | |
| 5019 | + | 153.32absolutely or conditionally, for a consideration in money or by exchange or barter; and | |
| 5020 | + | 153Article 2 Sec. 7. | |
| 5021 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 154.1 (2) the leasing of or the granting of a license to use or consume, for a consideration in | |
| 5022 | + | 154.2money or by exchange or barter, tangible personal property, other than a manufactured | |
| 5023 | + | 154.3home used for residential purposes for a continuous period of 30 days or more. | |
| 5024 | + | 154.4 (c) Sale and purchase include the production, fabrication, printing, or processing of | |
| 5025 | + | 154.5tangible personal property for a consideration for consumers who furnish either directly or | |
| 5026 | + | 154.6indirectly the materials used in the production, fabrication, printing, or processing. | |
| 5027 | + | 154.7 (d) Sale and purchase include the preparing for a consideration of food. Notwithstanding | |
| 5028 | + | 154.8section 297A.67, subdivision 2, taxable food includes, but is not limited to, the following: | |
| 5029 | + | 154.9 (1) prepared food sold by the retailer; | |
| 5030 | + | 154.10 (2) soft drinks; | |
| 5031 | + | 154.11 (3) candy; and | |
| 5032 | + | 154.12 (4) dietary supplements. | |
| 5033 | + | 154.13 (e) A sale and a purchase includes the furnishing for a consideration of electricity, gas, | |
| 5034 | + | 154.14water, or steam for use or consumption within this state. | |
| 5035 | + | 154.15 (f) A sale and a purchase includes the transfer for a consideration of prewritten computer | |
| 5036 | + | 154.16software whether delivered electronically, by load and leave, or otherwise. | |
| 5037 | + | 154.17 (g) A sale and a purchase includes the furnishing for a consideration of the following | |
| 5038 | + | 154.18services: | |
| 5039 | + | 154.19 (1) the privilege of admission to places of amusement, recreational areas, or athletic | |
| 5040 | + | 154.20events, and the making available of amusement devices, tanning facilities, reducing salons, | |
| 5041 | + | 154.21steam baths, health clubs, and spas or athletic facilities; | |
| 5042 | + | 154.22 (2) lodging and related services by a hotel, rooming house, resort, campground, motel, | |
| 5043 | + | 154.23or trailer camp, including furnishing the guest of the facility with access to telecommunication | |
| 5044 | + | 154.24services, and the granting of any similar license to use real property in a specific facility, | |
| 5045 | + | 154.25other than the renting or leasing of it for a continuous period of 30 days or more under an | |
| 5046 | + | 154.26enforceable written agreement that may not be terminated without prior notice and including | |
| 5047 | + | 154.27accommodations intermediary services provided in connection with other services provided | |
| 5048 | + | 154.28under this clause; | |
| 5049 | + | 154.29 (3) nonresidential parking services, whether on a contractual, hourly, or other periodic | |
| 5050 | + | 154.30basis, except for parking at a meter; | |
| 5051 | + | 154.31 (4) the granting of membership in a club, association, or other organization if: | |
| 5052 | + | 154Article 2 Sec. 7. | |
| 5053 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 155.1 (i) the club, association, or other organization makes available for the use of its members | |
| 5054 | + | 155.2sports and athletic facilities, without regard to whether a separate charge is assessed for use | |
| 5055 | + | 155.3of the facilities; and | |
| 5056 | + | 155.4 (ii) use of the sports and athletic facility is not made available to the general public on | |
| 5057 | + | 155.5the same basis as it is made available to members. | |
| 5058 | + | 155.6Granting of membership means both onetime initiation fees and periodic membership dues. | |
| 5059 | + | 155.7Sports and athletic facilities include golf courses; tennis, racquetball, handball, and squash | |
| 5060 | + | 155.8courts; basketball and volleyball facilities; running tracks; exercise equipment; swimming | |
| 5061 | + | 155.9pools; and other similar athletic or sports facilities; | |
| 5062 | + | 155.10 (5) delivery of aggregate materials by a third party, excluding delivery of aggregate | |
| 5063 | + | 155.11material used in road construction; and delivery of concrete block by a third party if the | |
| 5064 | + | 155.12delivery would be subject to the sales tax if provided by the seller of the concrete block. | |
| 5065 | + | 155.13For purposes of this clause, "road construction" means construction of: | |
| 5066 | + | 155.14 (i) public roads; | |
| 5067 | + | 155.15 (ii) cartways; and | |
| 5068 | + | 155.16 (iii) private roads in townships located outside of the seven-county metropolitan area | |
| 5069 | + | 155.17up to the point of the emergency response location sign; and | |
| 5070 | + | 155.18 (6) services as provided in this clause: | |
| 5071 | + | 155.19 (i) laundry and dry cleaning services including cleaning, pressing, repairing, altering, | |
| 5072 | + | 155.20and storing clothes, linen services and supply, cleaning and blocking hats, and carpet, | |
| 5073 | + | 155.21drapery, upholstery, and industrial cleaning. Laundry and dry cleaning services do not | |
| 5074 | + | 155.22include services provided by coin operated facilities operated by the customer; | |
| 5075 | + | 155.23 (ii) motor vehicle washing, waxing, and cleaning services, including services provided | |
| 5076 | + | 155.24by coin operated facilities operated by the customer, and rustproofing, undercoating, and | |
| 5077 | + | 155.25towing of motor vehicles; | |
| 5078 | + | 155.26 (iii) building and residential cleaning, maintenance, and disinfecting services and pest | |
| 5079 | + | 155.27control and exterminating services; | |
| 5080 | + | 155.28 (iv) detective, security, burglar, fire alarm, and armored car services; but not including | |
| 5081 | + | 155.29services performed within the jurisdiction they serve by off-duty licensed peace officers as | |
| 5082 | + | 155.30defined in section 626.84, subdivision 1, or services provided by a nonprofit organization | |
| 5083 | + | 155.31or any organization at the direction of a county for monitoring and electronic surveillance | |
| 5084 | + | 155Article 2 Sec. 7. | |
| 5085 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 156.1of persons placed on in-home detention pursuant to court order or under the direction of the | |
| 5086 | + | 156.2Minnesota Department of Corrections; | |
| 5087 | + | 156.3 (v) pet grooming services; | |
| 5088 | + | 156.4 (vi) lawn care, fertilizing, mowing, spraying and sprigging services; garden planting | |
| 5089 | + | 156.5and maintenance; tree, bush, and shrub pruning, bracing, spraying, and surgery; indoor plant | |
| 5090 | + | 156.6care; tree, bush, shrub, and stump removal, except when performed as part of a land clearing | |
| 5091 | + | 156.7contract as defined in section 297A.68, subdivision 40; and tree trimming for public utility | |
| 5092 | + | 156.8lines. Services performed under a construction contract for the installation of shrubbery, | |
| 5093 | + | 156.9plants, sod, trees, bushes, and similar items are not taxable; | |
| 5094 | + | 156.10 (vii) massages, except when provided by a licensed health care facility or professional | |
| 5095 | + | 156.11or upon written referral from a licensed health care facility or professional for treatment of | |
| 5096 | + | 156.12illness, injury, or disease; and | |
| 5097 | + | 156.13 (viii) the furnishing of lodging, board, and care services for animals in kennels and other | |
| 5098 | + | 156.14similar arrangements, but excluding veterinary and horse boarding services. | |
| 5099 | + | 156.15 (h) A sale and a purchase includes the furnishing for a consideration of tangible personal | |
| 5100 | + | 156.16property or taxable services by the United States or any of its agencies or instrumentalities, | |
| 5101 | + | 156.17or the state of Minnesota, its agencies, instrumentalities, or political subdivisions. | |
| 5102 | + | 156.18 (i) A sale and a purchase includes the furnishing for a consideration of | |
| 5103 | + | 156.19telecommunications services, ancillary services associated with telecommunication services, | |
| 5104 | + | 156.20and pay television services. Telecommunication services include, but are not limited to, the | |
| 5105 | + | 156.21following services, as defined in section 297A.669: air-to-ground radiotelephone service, | |
| 5106 | + | 156.22mobile telecommunication service, postpaid calling service, prepaid calling service, prepaid | |
| 5107 | + | 156.23wireless calling service, and private communication services. The services in this paragraph | |
| 5108 | + | 156.24are taxed to the extent allowed under federal law. | |
| 5109 | + | 156.25 (j) A sale and a purchase includes the furnishing for a consideration of installation if the | |
| 5110 | + | 156.26installation charges would be subject to the sales tax if the installation were provided by | |
| 5111 | + | 156.27the seller of the item being installed. | |
| 5112 | + | 156.28 (k) A sale and a purchase includes the rental of a vehicle by a motor vehicle dealer to a | |
| 5113 | + | 156.29customer when (1) the vehicle is rented by the customer for a consideration, or (2) the motor | |
| 5114 | + | 156.30vehicle dealer is reimbursed pursuant to a service contract as defined in section 59B.02, | |
| 5115 | + | 156.31subdivision 11. | |
| 5116 | + | 156.32 (l) A sale and a purchase includes furnishing for a consideration of specified digital | |
| 5117 | + | 156.33products or other digital products or granting the right for a consideration to use specified | |
| 5118 | + | 156Article 2 Sec. 7. | |
| 5119 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 157.1digital products or other digital products on a temporary or permanent basis and regardless | |
| 5120 | + | 157.2of whether the purchaser is required to make continued payments for such right. Wherever | |
| 5121 | + | 157.3the term "tangible personal property" is used in this chapter, other than in subdivisions 10 | |
| 5122 | + | 157.4and 38, the provisions also apply to specified digital products, or other digital products, | |
| 5123 | + | 157.5unless specifically provided otherwise or the context indicates otherwise. | |
| 5124 | + | 157.6 (m) The sale of the privilege of admission under section 297A.61, subdivision 3, | |
| 5125 | + | 157.7paragraph (g), clause (1), to a place of amusement, recreational area, or athletic event | |
| 5126 | + | 157.8includes all charges included in the privilege of admission's sales price, without deduction | |
| 5127 | + | 157.9for amenities that may be provided, unless the amenities are separately stated and the | |
| 5128 | + | 157.10purchaser of the privilege of admission is entitled to add or decline the amenities, and the | |
| 5129 | + | 157.11amenities are not otherwise taxable. | |
| 5130 | + | 157.12 (n) A sale and purchase includes the sale and purchase of adult-use cannabis flower, | |
| 5131 | + | 157.13adult-use cannabinoid products, adult-use cannabis solution products, and any lower dosage | |
| 5132 | + | 157.14edible cannabinoid products. For purposes of this paragraph, "adult-use cannabis" has the | |
| 5133 | + | 157.15meaning given in section 342.01, subdivision 3; "adult-use cannabis product" has the meaning | |
| 5134 | + | 157.16given in section 342.01, subdivision 5; "adult-use cannabis solution product" has the meaning | |
| 5135 | + | 157.17given in section 295.81, subdivision 1, paragraph (d); and "lower-potency edible product" | |
| 5136 | + | 157.18has the meaning given in section 342.01, subdivision 45. | |
| 5137 | + | 157.19 EFFECTIVE DATE.This section is effective for sales and purchases made after | |
| 5138 | + | 157.20December 31, 2023. | |
| 5139 | + | 157.21Sec. 8. Minnesota Statutes 2022, section 297A.67, subdivision 2, is amended to read: | |
| 5140 | + | 157.22 Subd. 2.Food and food ingredients.Except as otherwise provided in this subdivision, | |
| 5141 | + | 157.23food and food ingredients are exempt. For purposes of this subdivision, "food" and "food | |
| 5142 | + | 157.24ingredients" mean substances, whether in liquid, concentrated, solid, frozen, dried, or | |
| 5143 | + | 157.25dehydrated form, that are sold for ingestion or chewing by humans and are consumed for | |
| 5144 | + | 157.26their taste or nutritional value. Food and food ingredients exempt under this subdivision do | |
| 5145 | + | 157.27not include candy, soft drinks, dietary supplements, and prepared foods. Food and food | |
| 5146 | + | 157.28ingredients do not include alcoholic beverages and tobacco. Food and food ingredients do | |
| 5147 | + | 157.29not include adult-use cannabis flower, adult-use cannabis products, adult-use cannabis | |
| 5148 | + | 157.30solution products, lower-potency hemp edibles, medical cannabis flower, and medical | |
| 5149 | + | 157.31cannabinoid products. As used in this paragraph, "adult-use cannabis flower" has the meaning | |
| 5150 | + | 157.32given in section 342.01, subdivision 4; "adult-use cannabinoid product" has the meaning | |
| 5151 | + | 157.33given in section 342.01, subdivision 2; "adult-use cannabis solution product" has the meaning | |
| 5152 | + | 157.34given in section 295.81, subdivision 1, paragraph (d); "lower-potency hemp edible" has the | |
| 5153 | + | 157Article 2 Sec. 8. | |
| 5154 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 158.1meaning given in section 342.01, subdivision 49; "medical cannabis flower" has the meaning | |
| 5155 | + | 158.2given in section 342.01, subdivision 53; and "medical cannabinoid product" has the meaning | |
| 5156 | + | 158.3given in section 342.01, subdivision 51. For purposes of this subdivision, "alcoholic | |
| 5157 | + | 158.4beverages" means beverages that are suitable for human consumption and contain one-half | |
| 5158 | + | 158.5of one percent or more of alcohol by volume. For purposes of this subdivision, "tobacco" | |
| 5159 | + | 158.6means cigarettes, cigars, chewing or pipe tobacco, or any other item that contains tobacco. | |
| 5160 | + | 158.7For purposes of this subdivision, "dietary supplements" means any product, other than | |
| 5161 | + | 158.8tobacco, intended to supplement the diet that: | |
| 5162 | + | 158.9 (1) contains one or more of the following dietary ingredients: | |
| 5163 | + | 158.10 (i) a vitamin; | |
| 5164 | + | 158.11 (ii) a mineral; | |
| 5165 | + | 158.12 (iii) an herb or other botanical; | |
| 5166 | + | 158.13 (iv) an amino acid; | |
| 5167 | + | 158.14 (v) a dietary substance for use by humans to supplement the diet by increasing the total | |
| 5168 | + | 158.15dietary intake; and | |
| 5169 | + | 158.16 (vi) a concentrate, metabolite, constituent, extract, or combination of any ingredient | |
| 5170 | + | 158.17described in items (i) to (v); | |
| 5171 | + | 158.18 (2) is intended for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid form, | |
| 5172 | + | 158.19or if not intended for ingestion in such form, is not represented as conventional food and is | |
| 5173 | + | 158.20not represented for use as a sole item of a meal or of the diet; and | |
| 5174 | + | 158.21 (3) is required to be labeled as a dietary supplement, identifiable by the supplement facts | |
| 5175 | + | 158.22box found on the label and as required pursuant to Code of Federal Regulations, title 21, | |
| 5176 | + | 158.23section 101.36. | |
| 5177 | + | 158.24 EFFECTIVE DATE.This section is effective for sales and purchases made after | |
| 5178 | + | 158.25December 31, 2023. | |
| 5179 | + | 158.26Sec. 9. Minnesota Statutes 2022, section 297A.67, subdivision 7, is amended to read: | |
| 5180 | + | 158.27 Subd. 7.Drugs; medical devices.(a) Sales of the following drugs and medical devices | |
| 5181 | + | 158.28for human use are exempt: | |
| 5182 | + | 158.29 (1) drugs, including over-the-counter drugs; | |
| 5183 | + | 158.30 (2) single-use finger-pricking devices for the extraction of blood and other single-use | |
| 5184 | + | 158.31devices and single-use diagnostic agents used in diagnosing, monitoring, or treating diabetes; | |
| 5185 | + | 158Article 2 Sec. 9. | |
| 5186 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 159.1 (3) insulin and medical oxygen for human use, regardless of whether prescribed or sold | |
| 5187 | + | 159.2over the counter; | |
| 5188 | + | 159.3 (4) prosthetic devices; | |
| 5189 | + | 159.4 (5) durable medical equipment for home use only; | |
| 5190 | + | 159.5 (6) mobility enhancing equipment; | |
| 5191 | + | 159.6 (7) prescription corrective eyeglasses; and | |
| 5192 | + | 159.7 (8) kidney dialysis equipment, including repair and replacement parts. | |
| 5193 | + | 159.8 (b) Items purchased in transactions covered by: | |
| 5194 | + | 159.9 (1) Medicare as defined under title XVIII of the Social Security Act, United States Code, | |
| 5195 | + | 159.10title 42, section 1395, et seq.; or | |
| 5196 | + | 159.11 (2) Medicaid as defined under title XIX of the Social Security Act, United States Code, | |
| 5197 | + | 159.12title 42, section 1396, et seq. | |
| 5198 | + | 159.13 (c) For purposes of this subdivision: | |
| 5199 | + | 159.14 (1) "Drug" means a compound, substance, or preparation, and any component of a | |
| 5200 | + | 159.15compound, substance, or preparation, other than food and food ingredients, dietary | |
| 5201 | + | 159.16supplements, adult-use cannabis, adult-use cannabis products, adult-use cannabis solution | |
| 5202 | + | 159.17products, lower-potency hemp edibles, or alcoholic beverages that is: | |
| 5203 | + | 159.18 (i) recognized in the official United States Pharmacopoeia, official Homeopathic | |
| 5204 | + | 159.19Pharmacopoeia of the United States, or official National Formulary, and supplement to any | |
| 5205 | + | 159.20of them; | |
| 5206 | + | 159.21 (ii) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease; | |
| 5207 | + | 159.22or | |
| 5208 | + | 159.23 (iii) intended to affect the structure or any function of the body. | |
| 5209 | + | 159.24 (2) "Durable medical equipment" means equipment, including repair and replacement | |
| 5210 | + | 159.25parts, including single-patient use items, but not including mobility enhancing equipment, | |
| 5211 | + | 159.26that: | |
| 5212 | + | 159.27 (i) can withstand repeated use; | |
| 5213 | + | 159.28 (ii) is primarily and customarily used to serve a medical purpose; | |
| 5214 | + | 159.29 (iii) generally is not useful to a person in the absence of illness or injury; and | |
| 5215 | + | 159.30 (iv) is not worn in or on the body. | |
| 5216 | + | 159Article 2 Sec. 9. | |
| 5217 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 160.1 For purposes of this clause, "repair and replacement parts" includes all components or | |
| 5218 | + | 160.2attachments used in conjunction with the durable medical equipment, including repair and | |
| 5219 | + | 160.3replacement parts which are for single patient use only. | |
| 5220 | + | 160.4 (3) "Mobility enhancing equipment" means equipment, including repair and replacement | |
| 5221 | + | 160.5parts, but not including durable medical equipment, that: | |
| 5222 | + | 160.6 (i) is primarily and customarily used to provide or increase the ability to move from one | |
| 5223 | + | 160.7place to another and that is appropriate for use either in a home or a motor vehicle; | |
| 5224 | + | 160.8 (ii) is not generally used by persons with normal mobility; and | |
| 5225 | + | 160.9 (iii) does not include any motor vehicle or equipment on a motor vehicle normally | |
| 5226 | + | 160.10provided by a motor vehicle manufacturer. | |
| 5227 | + | 160.11 (4) "Over-the-counter drug" means a drug that contains a label that identifies the product | |
| 5228 | + | 160.12as a drug as required by Code of Federal Regulations, title 21, section 201.66. The label | |
| 5229 | + | 160.13must include a "drug facts" panel or a statement of the active ingredients with a list of those | |
| 5230 | + | 160.14ingredients contained in the compound, substance, or preparation. Over-the-counter drugs | |
| 5231 | + | 160.15do not include grooming and hygiene products, regardless of whether they otherwise meet | |
| 5232 | + | 160.16the definition. "Grooming and hygiene products" are soaps, cleaning solutions, shampoo, | |
| 5233 | + | 160.17toothpaste, mouthwash, antiperspirants, and suntan lotions and sunscreens. | |
| 5234 | + | 160.18 (5) "Prescribed" and "prescription" means a direction in the form of an order, formula, | |
| 5235 | + | 160.19or recipe issued in any form of oral, written, electronic, or other means of transmission by | |
| 5236 | + | 160.20a duly licensed health care professional. | |
| 5237 | + | 160.21 (6) "Prosthetic device" means a replacement, corrective, or supportive device, including | |
| 5238 | + | 160.22repair and replacement parts, worn on or in the body to: | |
| 5239 | + | 160.23 (i) artificially synthetically replace a missing portion of the body; | |
| 5240 | + | 160.24 (ii) prevent or correct physical deformity or malfunction; or | |
| 5241 | + | 160.25 (iii) support a weak or deformed portion of the body. | |
| 5242 | + | 160.26Prosthetic device does not include corrective eyeglasses. | |
| 5243 | + | 160.27 (7) "Kidney dialysis equipment" means equipment that: | |
| 5244 | + | 160.28 (i) is used to remove waste products that build up in the blood when the kidneys are not | |
| 5245 | + | 160.29able to do so on their own; and | |
| 5246 | + | 160.30 (ii) can withstand repeated use, including multiple use by a single patient, notwithstanding | |
| 5247 | + | 160.31the provisions of clause (2). | |
| 5248 | + | 160Article 2 Sec. 9. | |
| 5249 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 161.1 (8) A transaction is covered by Medicare or Medicaid if any portion of the cost of the | |
| 5250 | + | 161.2item purchased in the transaction is paid for or reimbursed by the federal government or | |
| 5251 | + | 161.3the state of Minnesota pursuant to the Medicare or Medicaid program, by a private insurance | |
| 5252 | + | 161.4company administering the Medicare or Medicaid program on behalf of the federal | |
| 5253 | + | 161.5government or the state of Minnesota, or by a managed care organization for the benefit of | |
| 5254 | + | 161.6a patient enrolled in a prepaid program that furnishes medical services in lieu of conventional | |
| 5255 | + | 161.7Medicare or Medicaid coverage pursuant to agreement with the federal government or the | |
| 5256 | + | 161.8state of Minnesota. | |
| 5257 | + | 161.9 (9) For the purposes of this subdivision, "adult-use cannabis flower" has the meaning | |
| 5258 | + | 161.10given in section 342.01, subdivision 4; "adult-use cannabis product" has the meaning given | |
| 5259 | + | 161.11in section 342.01, subdivision 2; "adult-use cannabis solution product" has the meaning | |
| 5260 | + | 161.12given in section 295.81, subdivision 1, paragraph (d); and "lower-potency hemp edible" has | |
| 5261 | + | 161.13the meaning given in section 342.01, subdivision 49. | |
| 5262 | + | 161.14 EFFECTIVE DATE.This section is effective for sales and purchases made after | |
| 5263 | + | 161.15December 31, 2023. | |
| 5264 | + | 161.16Sec. 10. Minnesota Statutes 2022, section 297A.70, subdivision 2, is amended to read: | |
| 5265 | + | 161.17 Subd. 2.Sales to government.(a) All sales, except those listed in paragraph (b), to the | |
| 5266 | + | 161.18following governments and political subdivisions, or to the listed agencies or instrumentalities | |
| 5267 | + | 161.19of governments and political subdivisions, are exempt: | |
| 5268 | + | 161.20 (1) the United States and its agencies and instrumentalities; | |
| 5269 | + | 161.21 (2) school districts, local governments, the University of Minnesota, state universities, | |
| 5270 | + | 161.22community colleges, technical colleges, state academies, the Perpich Minnesota Center for | |
| 5271 | + | 161.23Arts Education, and an instrumentality of a political subdivision that is accredited as an | |
| 5272 | + | 161.24optional/special function school by the North Central Association of Colleges and Schools; | |
| 5273 | + | 161.25 (3) hospitals and nursing homes owned and operated by political subdivisions of the | |
| 5274 | + | 161.26state of tangible personal property and taxable services used at or by hospitals and nursing | |
| 5275 | + | 161.27homes; | |
| 5276 | + | 161.28 (4) notwithstanding paragraph (d), the sales and purchases by the Metropolitan Council | |
| 5277 | + | 161.29of vehicles and repair parts to equip operations provided for in section 473.4051 are exempt | |
| 5278 | + | 161.30through December 31, 2016; | |
| 5279 | + | 161.31 (5) other states or political subdivisions of other states, if the sale would be exempt from | |
| 5280 | + | 161.32taxation if it occurred in that state; and | |
| 5281 | + | 161Article 2 Sec. 10. | |
| 5282 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 162.1 (6) public libraries, public library systems, multicounty, multitype library systems as | |
| 5283 | + | 162.2defined in section 134.001, county law libraries under chapter 134A, state agency libraries, | |
| 5284 | + | 162.3the state library under section 480.09, and the Legislative Reference Library. | |
| 5285 | + | 162.4 (b) This exemption does not apply to the sales of the following products and services: | |
| 5286 | + | 162.5 (1) building, construction, or reconstruction materials purchased by a contractor or a | |
| 5287 | + | 162.6subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed | |
| 5288 | + | 162.7maximum price covering both labor and materials for use in the construction, alteration, or | |
| 5289 | + | 162.8repair of a building or facility; | |
| 5290 | + | 162.9 (2) construction materials purchased by tax exempt entities or their contractors to be | |
| 5291 | + | 162.10used in constructing buildings or facilities which will not be used principally by the tax | |
| 5292 | + | 162.11exempt entities; | |
| 5293 | + | 162.12 (3) the leasing of a motor vehicle as defined in section 297B.01, subdivision 11, except | |
| 5294 | + | 162.13for leases entered into by the United States or its agencies or instrumentalities; | |
| 5295 | + | 162.14 (4) lodging as defined under section 297A.61, subdivision 3, paragraph (g), clause (2), | |
| 5296 | + | 162.15and prepared food, candy, soft drinks, and alcoholic beverages as defined in section 297A.67, | |
| 5297 | + | 162.16subdivision 2,; adult-use cannabis flower as defined in section 342.01, subdivision 4; | |
| 5298 | + | 162.17adult-use cannabis products as defined in section 342.01, subdivision 2; adult-use cannabis | |
| 5299 | + | 162.18solution products as defined in section 295.81, subdivision 1; and lower-potency hemp | |
| 5300 | + | 162.19edibles as defined in section 342.01, subdivision 49, except for lodging, prepared food, | |
| 5301 | + | 162.20candy, soft drinks, and alcoholic beverages, adult-use cannabis flower, adult-use cannabinoid | |
| 5302 | + | 162.21products, adult-use cannabis solution products, and lower-potency edible products purchased | |
| 5303 | + | 162.22directly by the United States or its agencies or instrumentalities; or | |
| 5304 | + | 162.23 (5) goods or services purchased by a local government as inputs to a liquor store, gas | |
| 5305 | + | 162.24or electric utility, solid waste hauling service, solid waste recycling service, landfill, golf | |
| 5306 | + | 162.25course, marina, campground, cafe, or laundromat. | |
| 5307 | + | 162.26 (c) As used in this subdivision, "school districts" means public school entities and districts | |
| 5308 | + | 162.27of every kind and nature organized under the laws of the state of Minnesota, and any | |
| 5309 | + | 162.28instrumentality of a school district, as defined in section 471.59. | |
| 5310 | + | 162.29 (d) For purposes of the exemption granted under this subdivision, "local governments" | |
| 5311 | + | 162.30has the following meaning: | |
| 5312 | + | 162.31 (1) for the period prior to January 1, 2017, local governments means statutory or home | |
| 5313 | + | 162.32rule charter cities, counties, and townships; and | |
| 5314 | + | 162Article 2 Sec. 10. | |
| 5315 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 163.1 (2) beginning January 1, 2017, local governments means statutory or home rule charter | |
| 5316 | + | 163.2cities, counties, and townships; special districts as defined under section 6.465; any | |
| 5317 | + | 163.3instrumentality of a statutory or home rule charter city, county, or township as defined in | |
| 5318 | + | 163.4section 471.59; and any joint powers board or organization created under section 471.59. | |
| 5319 | + | 163.5 EFFECTIVE DATE.This section is effective for sales and purchases made after June | |
| 5320 | + | 163.630, 2023. | |
| 5321 | + | 163.7Sec. 11. Minnesota Statutes 2022, section 297A.70, subdivision 18, is amended to read: | |
| 5322 | + | 163.8 Subd. 18.Nursing homes and boarding care homes.(a) All sales, except those listed | |
| 5323 | + | 163.9in paragraph (b), to a nursing home licensed under section 144A.02 or a boarding care home | |
| 5324 | + | 163.10certified as a nursing facility under title 19 of the Social Security Act are exempt if the | |
| 5325 | + | 163.11facility: | |
| 5326 | + | 163.12 (1) is exempt from federal income taxation pursuant to section 501(c)(3) of the Internal | |
| 5327 | + | 163.13Revenue Code; and | |
| 5328 | + | 163.14 (2) is certified to participate in the medical assistance program under title 19 of the Social | |
| 5329 | + | 163.15Security Act, or certifies to the commissioner that it does not discharge residents due to the | |
| 5330 | + | 163.16inability to pay. | |
| 5331 | + | 163.17 (b) This exemption does not apply to the following sales: | |
| 5332 | + | 163.18 (1) building, construction, or reconstruction materials purchased by a contractor or a | |
| 5333 | + | 163.19subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed | |
| 5334 | + | 163.20maximum price covering both labor and materials for use in the construction, alteration, or | |
| 5335 | + | 163.21repair of a building or facility; | |
| 5336 | + | 163.22 (2) construction materials purchased by tax-exempt entities or their contractors to be | |
| 5337 | + | 163.23used in constructing buildings or facilities that will not be used principally by the tax-exempt | |
| 5338 | + | 163.24entities; | |
| 5339 | + | 163.25 (3) lodging as defined under section 297A.61, subdivision 3, paragraph (g), clause (2), | |
| 5340 | + | 163.26and prepared food, candy, soft drinks, and alcoholic beverages as defined in section 297A.67, | |
| 5341 | + | 163.27subdivision 2; adult-use cannabis as defined in section 342.01, subdivision 3; adult-use | |
| 5342 | + | 163.28cannabis products as defined in section 342.01, subdivision 2; adult-use cannabis solution | |
| 5343 | + | 163.29products as defined in section 295.81, subdivision 1; and lower-potency hemp edibles as | |
| 5344 | + | 163.30defined in section 342.01, subdivision 49; and | |
| 5345 | + | 163.31 (4) leasing of a motor vehicle as defined in section 297B.01, subdivision 11, except as | |
| 5346 | + | 163.32provided in paragraph (c). | |
| 5347 | + | 163Article 2 Sec. 11. | |
| 5348 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 164.1 (c) This exemption applies to the leasing of a motor vehicle as defined in section 297B.01, | |
| 5349 | + | 164.2subdivision 11, only if the vehicle is: | |
| 5350 | + | 164.3 (1) a truck, as defined in section 168.002; a bus, as defined in section 168.002; or a | |
| 5351 | + | 164.4passenger automobile, as defined in section 168.002, if the automobile is designed and used | |
| 5352 | + | 164.5for carrying more than nine persons including the driver; and | |
| 5353 | + | 164.6 (2) intended to be used primarily to transport tangible personal property or residents of | |
| 5354 | + | 164.7the nursing home or boarding care home. | |
| 5355 | + | 164.8 EFFECTIVE DATE.This section is effective for sales and purchases made after June | |
| 5356 | + | 164.930, 2023. | |
| 5357 | + | 164.10Sec. 12. Minnesota Statutes 2022, section 297A.99, is amended by adding a subdivision | |
| 5358 | + | 164.11to read: | |
| 5359 | + | 164.12 Subd. 4a.Adult-use cannabis local tax prohibited.A political subdivision of this state | |
| 5360 | + | 164.13is prohibited from imposing a tax under this section solely on the sale of adult-use cannabis | |
| 5361 | + | 164.14flower, adult-use cannabinoid products, adult-use cannabis solution products, or lower | |
| 5362 | + | 164.15potency edible products. | |
| 5363 | + | 164.16 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 5364 | + | 164.17Sec. 13. Minnesota Statutes 2022, section 297D.01, is amended to read: | |
| 5365 | + | 164.18 297D.01 DEFINITIONS. | |
| 5366 | + | 164.19 Subdivision 1.Marijuana Illegal cannabis."Marijuana" "Illegal cannabis" means any | |
| 5367 | + | 164.20marijuana cannabis product as defined in section 342.01, subdivision 2; cannabis plant as | |
| 5368 | + | 164.21defined in section 342.01, subdivision 19; cannabis flower as defined in section 342.01, | |
| 5369 | + | 164.22subdivision 16; or synthetically derived cannabinoid as defined in section 342.01, subdivision | |
| 5370 | + | 164.2367, whether real or counterfeit, as defined in section 152.01, subdivision 9, that is held, | |
| 5371 | + | 164.24possessed, transported, transferred, sold, or offered to be sold in violation of chapter 342 | |
| 5372 | + | 164.25or Minnesota criminal laws. | |
| 5373 | + | 164.26 Subd. 2.Controlled substance."Controlled substance" means any drug or substance, | |
| 5374 | + | 164.27whether real or counterfeit, as defined in section 152.01, subdivision 4, that is held, possessed, | |
| 5375 | + | 164.28transported, transferred, sold, or offered to be sold in violation of Minnesota laws. "Controlled | |
| 5376 | + | 164.29substance" does not include marijuana illegal cannabis. | |
| 5377 | + | 164.30 Subd. 3.Tax obligor or obligor."Tax obligor" or "obligor" means a person who in | |
| 5378 | + | 164.31violation of Minnesota law manufactures, produces, ships, transports, or imports into | |
| 5350 | 5379 | 164Article 2 Sec. 13. | |
| 5351 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 165.1subdivision 2, and taxable cannabis products as defined under section 295.81, subdivision | |
| 5352 | - | 165.21, paragraph (q), except for lodging, prepared food, candy, soft drinks, and alcoholic | |
| 5353 | - | 165.3beverages, and taxable cannabis products purchased directly by the United States or its | |
| 5354 | - | 165.4agencies or instrumentalities; or | |
| 5355 | - | 165.5 (5) goods or services purchased by a local government as inputs to a liquor store, gas | |
| 5356 | - | 165.6or electric utility, solid waste hauling service, solid waste recycling service, landfill, golf | |
| 5357 | - | 165.7course, marina, campground, cafe, or laundromat. | |
| 5358 | - | 165.8 (c) As used in this subdivision, "school districts" means public school entities and districts | |
| 5359 | - | 165.9of every kind and nature organized under the laws of the state of Minnesota, and any | |
| 5360 | - | 165.10instrumentality of a school district, as defined in section 471.59. | |
| 5361 | - | 165.11 (d) For purposes of the exemption granted under this subdivision, "local governments" | |
| 5362 | - | 165.12has the following meaning: | |
| 5363 | - | 165.13 (1) for the period prior to January 1, 2017, local governments means statutory or home | |
| 5364 | - | 165.14rule charter cities, counties, and townships; and | |
| 5365 | - | 165.15 (2) beginning January 1, 2017, local governments means statutory or home rule charter | |
| 5366 | - | 165.16cities, counties, and townships; special districts as defined under section 6.465; any | |
| 5367 | - | 165.17instrumentality of a statutory or home rule charter city, county, or township as defined in | |
| 5368 | - | 165.18section 471.59; and any joint powers board or organization created under section 471.59. | |
| 5369 | - | 165.19 EFFECTIVE DATE.This section is effective for sales and purchases made after June | |
| 5370 | - | 165.2030, 2023. | |
| 5371 | - | 165.21Sec. 14. Minnesota Statutes 2022, section 297A.70, subdivision 4, is amended to read: | |
| 5372 | - | 165.22 Subd. 4.Sales to nonprofit groups.(a) All sales, except those listed in paragraph (b), | |
| 5373 | - | 165.23to the following "nonprofit organizations" are exempt: | |
| 5374 | - | 165.24 (1) a corporation, society, association, foundation, or institution organized and operated | |
| 5375 | - | 165.25exclusively for charitable, religious, or educational purposes if the item purchased is used | |
| 5376 | - | 165.26in the performance of charitable, religious, or educational functions; | |
| 5377 | - | 165.27 (2) any senior citizen group or association of groups that: | |
| 5378 | - | 165.28 (i) in general limits membership to persons who are either age 55 or older, or persons | |
| 5379 | - | 165.29with a physical disability; | |
| 5380 | - | 165.30 (ii) is organized and operated exclusively for pleasure, recreation, and other nonprofit | |
| 5381 | - | 165.31purposes, not including housing, no part of the net earnings of which inures to the benefit | |
| 5382 | - | 165.32of any private shareholders; and | |
| 5383 | - | 165Article 2 Sec. 14. | |
| 5384 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 166.1 (iii) is an exempt organization under section 501(c) of the Internal Revenue Code; and | |
| 5385 | - | 166.2 (3) an organization that qualifies for an exemption for memberships under subdivision | |
| 5386 | - | 166.312 if the item is purchased and used in the performance of the organization's mission. | |
| 5387 | - | 166.4For purposes of this subdivision, charitable purpose includes the maintenance of a cemetery | |
| 5388 | - | 166.5owned by a religious organization. | |
| 5389 | - | 166.6 (b) This exemption does not apply to the following sales: | |
| 5390 | - | 166.7 (1) building, construction, or reconstruction materials purchased by a contractor or a | |
| 5391 | - | 166.8subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed | |
| 5392 | - | 166.9maximum price covering both labor and materials for use in the construction, alteration, or | |
| 5393 | - | 166.10repair of a building or facility; | |
| 5394 | - | 166.11 (2) construction materials purchased by tax-exempt entities or their contractors to be | |
| 5395 | - | 166.12used in constructing buildings or facilities that will not be used principally by the tax-exempt | |
| 5396 | - | 166.13entities; | |
| 5397 | - | 166.14 (3) lodging as defined under section 297A.61, subdivision 3, paragraph (g), clause (2), | |
| 5398 | - | 166.15and prepared food, candy, soft drinks, taxable cannabis product as defined under section | |
| 5399 | - | 166.16295.81, subdivision 1, paragraph (q), and alcoholic beverages as defined in section 297A.67, | |
| 5400 | - | 166.17subdivision 2, except wine purchased by an established religious organization for sacramental | |
| 5401 | - | 166.18purposes or as allowed under subdivision 9a; and | |
| 5402 | - | 166.19 (4) leasing of a motor vehicle as defined in section 297B.01, subdivision 11, except as | |
| 5403 | - | 166.20provided in paragraph (c). | |
| 5404 | - | 166.21 (c) This exemption applies to the leasing of a motor vehicle as defined in section 297B.01, | |
| 5405 | - | 166.22subdivision 11, only if the vehicle is: | |
| 5406 | - | 166.23 (1) a truck, as defined in section 168.002, a bus, as defined in section 168.002, or a | |
| 5407 | - | 166.24passenger automobile, as defined in section 168.002, if the automobile is designed and used | |
| 5408 | - | 166.25for carrying more than nine persons including the driver; and | |
| 5409 | - | 166.26 (2) intended to be used primarily to transport tangible personal property or individuals, | |
| 5410 | - | 166.27other than employees, to whom the organization provides service in performing its charitable, | |
| 5411 | - | 166.28religious, or educational purpose. | |
| 5412 | - | 166.29 (d) A limited liability company also qualifies for exemption under this subdivision if | |
| 5413 | - | 166.30(1) it consists of a sole member that would qualify for the exemption, and (2) the items | |
| 5414 | - | 166.31purchased qualify for the exemption. | |
| 5415 | - | 166Article 2 Sec. 14. | |
| 5416 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 167.1 EFFECTIVE DATE.This section is effective for sales and purchases made after June | |
| 5417 | - | 167.230, 2023. | |
| 5418 | - | 167.3Sec. 15. Minnesota Statutes 2022, section 297A.70, subdivision 18, is amended to read: | |
| 5419 | - | 167.4 Subd. 18.Nursing homes and boarding care homes.(a) All sales, except those listed | |
| 5420 | - | 167.5in paragraph (b), to a nursing home licensed under section 144A.02 or a boarding care home | |
| 5421 | - | 167.6certified as a nursing facility under title 19 of the Social Security Act are exempt if the | |
| 5422 | - | 167.7facility: | |
| 5423 | - | 167.8 (1) is exempt from federal income taxation pursuant to section 501(c)(3) of the Internal | |
| 5424 | - | 167.9Revenue Code; and | |
| 5425 | - | 167.10 (2) is certified to participate in the medical assistance program under title 19 of the Social | |
| 5426 | - | 167.11Security Act, or certifies to the commissioner that it does not discharge residents due to the | |
| 5427 | - | 167.12inability to pay. | |
| 5428 | - | 167.13 (b) This exemption does not apply to the following sales: | |
| 5429 | - | 167.14 (1) building, construction, or reconstruction materials purchased by a contractor or a | |
| 5430 | - | 167.15subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed | |
| 5431 | - | 167.16maximum price covering both labor and materials for use in the construction, alteration, or | |
| 5432 | - | 167.17repair of a building or facility; | |
| 5433 | - | 167.18 (2) construction materials purchased by tax-exempt entities or their contractors to be | |
| 5434 | - | 167.19used in constructing buildings or facilities that will not be used principally by the tax-exempt | |
| 5435 | - | 167.20entities; | |
| 5436 | - | 167.21 (3) lodging as defined under section 297A.61, subdivision 3, paragraph (g), clause (2), | |
| 5437 | - | 167.22and prepared food, candy, soft drinks, and alcoholic beverages as defined in section 297A.67, | |
| 5438 | - | 167.23subdivision 2, and taxable cannabis products as defined under section 295.81, subdivision | |
| 5439 | - | 167.241, paragraph (q); and | |
| 5440 | - | 167.25 (4) leasing of a motor vehicle as defined in section 297B.01, subdivision 11, except as | |
| 5441 | - | 167.26provided in paragraph (c). | |
| 5442 | - | 167.27 (c) This exemption applies to the leasing of a motor vehicle as defined in section 297B.01, | |
| 5443 | - | 167.28subdivision 11, only if the vehicle is: | |
| 5444 | - | 167.29 (1) a truck, as defined in section 168.002; a bus, as defined in section 168.002; or a | |
| 5445 | - | 167.30passenger automobile, as defined in section 168.002, if the automobile is designed and used | |
| 5446 | - | 167.31for carrying more than nine persons including the driver; and | |
| 5447 | - | 167Article 2 Sec. 15. | |
| 5448 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 168.1 (2) intended to be used primarily to transport tangible personal property or residents of | |
| 5449 | - | 168.2the nursing home or boarding care home. | |
| 5450 | - | 168.3 EFFECTIVE DATE.This section is effective for sales and purchases made after June | |
| 5451 | - | 168.430, 2023. | |
| 5452 | - | 168.5Sec. 16. Minnesota Statutes 2022, section 297A.85, is amended to read: | |
| 5453 | - | 168.6 297A.85 CANCELLATION OF PERMITS. | |
| 5454 | - | 168.7 The commissioner may cancel a permit if one of the following conditions occurs: | |
| 5455 | - | 168.8 (1) the permit holder has not filed a sales or use tax return for at least one year; | |
| 5456 | - | 168.9 (2) the permit holder has not reported any sales or use tax liability on the permit holder's | |
| 5457 | - | 168.10returns for at least two years; | |
| 5458 | - | 168.11 (3) the permit holder requests cancellation of the permit; | |
| 5459 | - | 168.12 (4) the permit is subject to cancellation under section 270C.722, subdivision 2, paragraph | |
| 5460 | - | 168.13(a); or | |
| 5461 | - | 168.14 (5) the permit is subject to cancellation under section 297A.84.; or | |
| 5462 | - | 168.15 (6) the permit holder is a taxable cannabis product retailer as defined in section 295.81, | |
| 5463 | - | 168.16subdivision 1, paragraph (r), other than a lower-potency hemp edible retailer as licensed | |
| 5464 | - | 168.17under section 342.43, subdivision 1, and its license to sell a taxable cannabis product as | |
| 5465 | - | 168.18defined in section 295.81, subdivision 1, paragraph (q), has been revoked by the Office of | |
| 5466 | - | 168.19Cannabis Management. | |
| 5467 | - | 168.20 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 5468 | - | 168.21Sec. 17. Minnesota Statutes 2022, section 297D.01, is amended to read: | |
| 5469 | - | 168.22 297D.01 DEFINITIONS. | |
| 5470 | - | 168.23 Subdivision 1.Marijuana Illegal cannabis."Marijuana" "Illegal cannabis" means any | |
| 5471 | - | 168.24marijuana taxable cannabis product as defined in section 295.81, subdivision 1, paragraph | |
| 5472 | - | 168.25(q), whether real or counterfeit, as defined in section 152.01, subdivision 9, that is held, | |
| 5473 | - | 168.26possessed, transported, transferred, sold, or offered to be sold in violation of chapter 342 | |
| 5474 | - | 168.27or Minnesota criminal laws. | |
| 5475 | - | 168.28 Subd. 2.Controlled substance."Controlled substance" means any drug or substance, | |
| 5476 | - | 168.29whether real or counterfeit, as defined in section 152.01, subdivision 4, that is held, possessed, | |
| 5477 | - | 168Article 2 Sec. 17. | |
| 5478 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 169.1transported, transferred, sold, or offered to be sold in violation of Minnesota laws. "Controlled | |
| 5479 | - | 169.2substance" does not include marijuana illegal cannabis. | |
| 5480 | - | 169.3 Subd. 3.Tax obligor or obligor."Tax obligor" or "obligor" means a person who in | |
| 5481 | - | 169.4violation of Minnesota law manufactures, produces, ships, transports, or imports into | |
| 5482 | - | 169.5Minnesota or in any manner acquires or possesses more than 42-1/2 grams of marijuana | |
| 5483 | - | 169.6illegal cannabis, or seven or more grams of any controlled substance, or ten or more dosage | |
| 5484 | - | 169.7units of any controlled substance which is not sold by weight. A quantity of marijuana illegal | |
| 5485 | - | 169.8cannabis or other controlled substance is measured by the weight of the substance whether | |
| 5486 | - | 169.9pure or impure or dilute, or by dosage units when the substance is not sold by weight, in | |
| 5487 | - | 169.10the tax obligor's possession. A quantity of a controlled substance is dilute if it consists of a | |
| 5488 | - | 169.11detectable quantity of pure controlled substance and any excipients or fillers. | |
| 5489 | - | 169.12 Subd. 4.Commissioner."Commissioner" means the commissioner of revenue. | |
| 5490 | - | 169.13 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 5491 | - | 169.14Sec. 18. Minnesota Statutes 2022, section 297D.04, is amended to read: | |
| 5492 | - | 169.15 297D.04 TAX PAYMENT REQUIRED FOR POSSESSION. | |
| 5493 | - | 169.16 No tax obligor may possess any marijuana illegal cannabis or controlled substance upon | |
| 5494 | - | 169.17which a tax is imposed by section 297D.08 unless the tax has been paid on the marijuana | |
| 5495 | - | 169.18illegal cannabis or other a controlled substance as evidenced by a stamp or other official | |
| 5496 | - | 169.19indicia. | |
| 5497 | - | 169.20 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 5498 | - | 169.21Sec. 19. Minnesota Statutes 2022, section 297D.06, is amended to read: | |
| 5499 | - | 169.22 297D.06 PHARMACEUTICALS. | |
| 5500 | - | 169.23 Nothing in this chapter requires persons registered under chapter 151 or otherwise | |
| 5501 | - | 169.24lawfully in possession of marijuana illegal cannabis or a controlled substance to pay the tax | |
| 5502 | - | 169.25required under this chapter. | |
| 5503 | - | 169.26 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 5504 | - | 169.27Sec. 20. Minnesota Statutes 2022, section 297D.07, is amended to read: | |
| 5505 | - | 169.28 297D.07 MEASUREMENT . | |
| 5506 | - | 169.29 For the purpose of calculating the tax under section 297D.08, a quantity of marijuana | |
| 5507 | - | 169.30illegal cannabis or other a controlled substance is measured by the weight of the substance | |
| 5508 | - | 169Article 2 Sec. 20. | |
| 5509 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 170.1whether pure or impure or dilute, or by dosage units when the substance is not sold by | |
| 5510 | - | 170.2weight, in the tax obligor's possession. A quantity of a controlled substance is dilute if it | |
| 5511 | - | 170.3consists of a detectable quantity of pure controlled substance and any excipients or fillers. | |
| 5512 | - | 170.4 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 5513 | - | 170.5Sec. 21. Minnesota Statutes 2022, section 297D.08, is amended to read: | |
| 5514 | - | 170.6 297D.08 TAX RATE. | |
| 5515 | - | 170.7 A tax is imposed on marijuana illegal cannabis and controlled substances as defined in | |
| 5516 | - | 170.8section 297D.01 at the following rates: | |
| 5517 | - | 170.9 (1) on each gram of marijuana illegal cannabis, or each portion of a gram, $3.50; and | |
| 5518 | - | 170.10 (2) on each gram of controlled substance, or portion of a gram, $200; or | |
| 5519 | - | 170.11 (3) on each ten dosage units of a controlled substance that is not sold by weight, or | |
| 5520 | - | 170.12portion thereof, $400. | |
| 5521 | - | 170.13 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 5522 | - | 170.14Sec. 22. Minnesota Statutes 2022, section 297D.085, is amended to read: | |
| 5523 | - | 170.15 297D.085 CREDIT FOR PREVIOUSLY PAID TAXES. | |
| 5524 | - | 170.16 If another state or local unit of government has previously assessed an excise tax on the | |
| 5525 | - | 170.17marijuana illegal cannabis or controlled substances, the taxpayer must pay the difference | |
| 5526 | - | 170.18between the tax due under section 297D.08 and the tax previously paid. If the tax previously | |
| 5527 | - | 170.19paid to the other state or local unit of government was equal to or greater than the tax due | |
| 5528 | - | 170.20under section 297D.08, no tax is due. The burden is on the taxpayer to show that an excise | |
| 5529 | - | 170.21tax on the marijuana illegal cannabis or controlled substances has been paid to another state | |
| 5530 | - | 170.22or local unit of government. | |
| 5531 | - | 170.23 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 5532 | - | 170.24Sec. 23. Minnesota Statutes 2022, section 297D.09, subdivision 1a, is amended to read: | |
| 5533 | - | 170.25 Subd. 1a.Criminal penalty; sale without affixed stamps.In addition to the tax penalty | |
| 5534 | - | 170.26imposed, a tax obligor distributing or possessing marijuana illegal cannabis or controlled | |
| 5535 | - | 170.27substances without affixing the appropriate stamps, labels, or other indicia is guilty of a | |
| 5536 | - | 170.28crime and, upon conviction, may be sentenced to imprisonment for not more than seven | |
| 5537 | - | 170.29years or to payment of a fine of not more than $14,000, or both. | |
| 5538 | - | 170.30 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 5539 | - | 170Article 2 Sec. 23. | |
| 5540 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 171.1Sec. 24. Minnesota Statutes 2022, section 297D.10, is amended to read: | |
| 5541 | - | 171.2 297D.10 STAMP PRICE. | |
| 5542 | - | 171.3 Official stamps, labels, or other indicia to be affixed to all marijuana illegal cannabis or | |
| 5543 | - | 171.4controlled substances shall be purchased from the commissioner. The purchaser shall pay | |
| 5544 | - | 171.5100 percent of face value for each stamp, label, or other indicia at the time of the purchase. | |
| 5545 | - | 171.6 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 5546 | - | 171.7Sec. 25. Minnesota Statutes 2022, section 297D.11, is amended to read: | |
| 5547 | - | 171.8 297D.11 PAYMENT DUE. | |
| 5548 | - | 171.9 Subdivision 1.Stamps affixed.When a tax obligor purchases, acquires, transports, or | |
| 5549 | - | 171.10imports into this state marijuana illegal cannabis or controlled substances on which a tax is | |
| 5550 | - | 171.11imposed by section 297D.08, and if the indicia evidencing the payment of the tax have not | |
| 5551 | - | 171.12already been affixed, the tax obligor shall have them permanently affixed on the marijuana | |
| 5552 | - | 171.13illegal cannabis or controlled substance immediately after receiving the substance. Each | |
| 5553 | - | 171.14stamp or other official indicia may be used only once. | |
| 5554 | - | 171.15 Subd. 2.Payable on possession.Taxes imposed upon marijuana illegal cannabis or | |
| 5555 | - | 171.16controlled substances by this chapter are due and payable immediately upon acquisition or | |
| 5556 | - | 171.17possession in this state by a tax obligor. | |
| 5557 | - | 171.18 EFFECTIVE DATE.This section is effective June 30, 2023. | |
| 5558 | - | 171.19Sec. 26. [477A.31] LOCAL GOVERNMENT CANNABIS AID. | |
| 5559 | - | 171.20 Subdivision 1.Certification to commissioner of revenue.(a) By July 15, 2024, and | |
| 5560 | - | 171.21annually thereafter, the commissioner of management and budget must certify to the | |
| 5561 | - | 171.22commissioner of revenue the balance of the local government cannabis aid account in the | |
| 5562 | - | 171.23special revenue fund at the close of the previous fiscal year. | |
| 5563 | - | 171.24 (b) By June 1, 2024, and annually thereafter, the director of the office of cannabis | |
| 5564 | - | 171.25management under section 342.02 must certify to the commissioner of revenue the number | |
| 5565 | - | 171.26of cannabis businesses, as defined under section 342.01, subdivision 13, licensed under | |
| 5566 | - | 171.27chapter 342 as of the previous January 1, disaggregated by county and city. | |
| 5567 | - | 171.28 Subd. 2.Aid to counties.(a) Beginning for aid payable in 2024, the amount available | |
| 5568 | - | 171.29for aid to counties under this subdivision equals 50 percent of the amount certified in that | |
| 5569 | - | 171.30year to the commissioner under subdivision 1, paragraph (a). | |
| 5570 | - | 171Article 2 Sec. 26. | |
| 5571 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 172.1 (b) Twenty percent of the amount under paragraph (a) must be distributed equally among | |
| 5572 | - | 172.2all counties. | |
| 5573 | - | 172.3 (c) Eighty percent of the amount under paragraph (a) must be distributed proportionally | |
| 5574 | - | 172.4to each county according to the number of cannabis businesses located in the county as | |
| 5575 | - | 172.5compared to the number of cannabis businesses in all counties as of the most recent | |
| 5576 | - | 172.6certification under subdivision 1, paragraph (b). | |
| 5577 | - | 172.7 Subd. 3.Aid to cities.(a) Beginning for aid payable in 2024, the amount available for | |
| 5578 | - | 172.8aid to cities under this subdivision equals 50 percent of the amount certified in that year to | |
| 5579 | - | 172.9the commissioner under subdivision 1, paragraph (a). | |
| 5580 | - | 172.10 (b) The amount under paragraph (a) must be distributed proportionally to each city | |
| 5581 | - | 172.11according to the number of cannabis businesses located in the city as compared to the number | |
| 5582 | - | 172.12of cannabis businesses in all cities as of the most recent certification under subdivision 1, | |
| 5583 | - | 172.13paragraph (b). | |
| 5584 | - | 172.14 Subd. 4.Payment.The commissioner of revenue must compute the amount of aid | |
| 5585 | - | 172.15payable to each county and city under this section. On or before August 1 of each year, the | |
| 5586 | - | 172.16commissioner must certify the amount to be paid to each county and city in that year. The | |
| 5587 | - | 172.17commissioner must pay the full amount of the aid on December 26 annually. | |
| 5588 | - | 172.18 Subd. 5.Appropriation.Beginning in fiscal year 2025 and annually thereafter, the | |
| 5589 | - | 172.19amount in the local government cannabis aid account in the special revenue fund is annually | |
| 5590 | - | 172.20appropriated to the commissioner of revenue to make the aid payments required under this | |
| 5591 | - | 172.21section. | |
| 5592 | - | 172.22 EFFECTIVE DATE.This section is effective July 1, 2023. | |
| 5593 | - | 172.23 ARTICLE 3 | |
| 5594 | - | 172.24 BUSINESS DEVELOPMENT | |
| 5595 | - | 172.25Section 1. [116J.659] CANNABIS INDUSTRY STARTUP FINANCING GRANTS. | |
| 5596 | - | 172.26 Subdivision 1.Establishment.The commissioner of employment and economic | |
| 5597 | - | 172.27development shall establish CanStartup, a program to award grants to nonprofit corporations | |
| 5598 | - | 172.28to fund loans to new businesses in the legal cannabis industry and to support job creation | |
| 5599 | - | 172.29in communities where long-term residents are eligible to be social equity applicants. | |
| 5600 | - | 172.30 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the | |
| 5601 | - | 172.31meanings given. | |
| 5602 | - | 172.32 (b) "Commissioner" means the commissioner of employment and economic development. | |
| 5603 | - | 172Article 3 Section 1. | |
| 5604 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 173.1 (c) "Industry" means the legal cannabis industry in the state of Minnesota. | |
| 5605 | - | 173.2 (d) "New business" means a legal cannabis business that has been in existence for three | |
| 5606 | - | 173.3years or less. | |
| 5607 | - | 173.4 (e) "Program" means the CanStartup grant program. | |
| 5608 | - | 173.5 (f) "Social equity applicant" means a person who meets the qualification requirements | |
| 5609 | - | 173.6in section 342.15. | |
| 5610 | - | 173.7 Subd. 3.Grants.(a) The commissioner shall establish a revolving loan account to make | |
| 5611 | - | 173.8grants under the CanStartup program. | |
| 5612 | - | 173.9 (b) The commissioner must award grants to nonprofit corporations through a competitive | |
| 5613 | - | 173.10grant process. | |
| 5614 | - | 173.11 (c) To receive grant money, a nonprofit corporation must submit a written application | |
| 5615 | - | 173.12to the commissioner using a form developed by the commissioner. | |
| 5616 | - | 173.13 (d) In awarding grants under this subdivision, the commissioner shall give weight to | |
| 5617 | - | 173.14whether the nonprofit corporation: | |
| 5618 | - | 173.15 (1) has a board of directors that includes citizens experienced in business and community | |
| 5619 | - | 173.16development, new business enterprises, and creating jobs for people facing barriers to | |
| 5620 | - | 173.17education or employment; | |
| 5621 | - | 173.18 (2) has the technical skills to analyze projects; | |
| 5622 | - | 173.19 (3) is familiar with other available public and private funding sources and economic | |
| 5623 | - | 173.20development programs; | |
| 5624 | - | 173.21 (4) can initiate and implement economic development projects; | |
| 5625 | - | 173.22 (5) can establish and administer a revolving loan account; | |
| 5626 | - | 173.23 (6) can work with job referral networks that assist people facing barriers to education | |
| 5627 | - | 173.24or employment; and | |
| 5628 | - | 173.25 (7) has established relationships with communities where long-term residents are eligible | |
| 5629 | - | 173.26to be social equity applicants. | |
| 5630 | - | 173.27The commissioner shall make grants that will assist a broad range of businesses in the legal | |
| 5631 | - | 173.28cannabis industry, including the processing and retail sectors. | |
| 5632 | - | 173.29 (e) A nonprofit corporation that receives a grant under the program must: | |
| 5633 | - | 173Article 3 Section 1. | |
| 5634 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 174.1 (1) establish a commissioner-certified revolving loan account for the purpose of making | |
| 5635 | - | 174.2eligible loans; and | |
| 5636 | - | 174.3 (2) enter into an agreement with the commissioner that the commissioner shall fund | |
| 5637 | - | 174.4loans that the nonprofit corporation makes to new businesses in the legal cannabis industry. | |
| 5638 | - | 174.5The commissioner shall review existing agreements with nonprofit corporations every five | |
| 5639 | - | 174.6years and may renew or terminate an agreement based on that review. In making this review, | |
| 5640 | - | 174.7the commissioner shall consider, among other criteria, the criteria in paragraph (d). | |
| 5641 | - | 174.8 Subd. 4.Loans to businesses.(a) The criteria in this subdivision apply to loans made | |
| 5642 | - | 174.9by nonprofit corporations under the program. | |
| 5643 | - | 174.10 (b) Loans must be used to support a new business in the legal cannabis industry. Priority | |
| 5644 | - | 174.11must be given to loans to businesses owned by individuals who are eligible to be social | |
| 5645 | - | 174.12equity applicants and businesses located in communities where long-term residents are | |
| 5646 | - | 174.13eligible to be social equity applicants. | |
| 5647 | - | 174.14 (c) Loans must be made to businesses that are not likely to undertake the project for | |
| 5648 | - | 174.15which loans are sought without assistance from the program. | |
| 5649 | - | 174.16 (d) The minimum state contribution to a loan is $2,500 and the maximum is either: | |
| 5650 | - | 174.17 (1) $50,000; or | |
| 5651 | - | 174.18 (2) $150,000, if state contributions are matched by an equal or greater amount of new | |
| 5652 | - | 174.19private investment. | |
| 5653 | - | 174.20 (e) Loan applications given preliminary approval by the nonprofit corporation must be | |
| 5654 | - | 174.21forwarded to the commissioner for approval. The commissioner must give final approval | |
| 5655 | - | 174.22for each loan made by the nonprofit corporation under the program. | |
| 5656 | - | 174.23 (f) A business that receives a loan may apply to renew the loan. Renewal applications | |
| 5657 | - | 174.24must be made on an annual basis and a business may receive loans for up to six consecutive | |
| 5658 | - | 174.25years. A nonprofit corporation may renew a loan to a business that is no longer a new | |
| 5659 | - | 174.26business provided the business would otherwise qualify for an initial loan and is in good | |
| 5660 | - | 174.27standing with the nonprofit corporation and the commissioner. A nonprofit corporation may | |
| 5661 | - | 174.28adjust the amount of a renewed loan, or not renew a loan, if the nonprofit corporation | |
| 5662 | - | 174.29determines that the business is financially stable and is substantially likely to continue the | |
| 5663 | - | 174.30project for which the loan renewal is sought. | |
| 5664 | - | 174.31 (g) If a borrower has met lender criteria, including being current with all payments for | |
| 5665 | - | 174.32a minimum of three years, the commissioner may approve either full or partial forgiveness | |
| 5666 | - | 174.33of interest or principal amounts. | |
| 5667 | - | 174Article 3 Section 1. | |
| 5668 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 175.1 Subd. 5.Revolving loan account administration.(a) The commissioner shall establish | |
| 5669 | - | 175.2a minimum interest rate for loans or guarantees to ensure that necessary loan administration | |
| 5670 | - | 175.3costs are covered. The interest rate charged by a nonprofit corporation for a loan under this | |
| 5671 | - | 175.4section must not exceed the Wall Street Journal prime rate. For a loan under this section, | |
| 5672 | - | 175.5the nonprofit corporation may charge a loan origination fee equal to or less than one percent | |
| 5673 | - | 175.6of the loan value. The nonprofit corporation may retain the amount of the origination fee. | |
| 5674 | - | 175.7 (b) Loan repayment of principal must be paid to the commissioner for deposit in the | |
| 5675 | - | 175.8revolving loan account. Loan interest payments must be deposited in a revolving loan | |
| 5676 | - | 175.9account created by the nonprofit corporation originating the loan being repaid for further | |
| 5677 | - | 175.10distribution or use, consistent with the criteria of this section. | |
| 5678 | - | 175.11 (c) Administrative expenses of the nonprofit corporations with whom the commissioner | |
| 5679 | - | 175.12enters into agreements, including expenses incurred by a nonprofit corporation in providing | |
| 5680 | - | 175.13financial, technical, managerial, and marketing assistance to a business receiving a loan | |
| 5681 | - | 175.14under this section, are eligible program expenses the commissioner may agree to pay under | |
| 5682 | - | 175.15the grant agreement. | |
| 5683 | - | 175.16 Subd. 6.Program outreach.The commissioner shall make extensive efforts to publicize | |
| 5684 | - | 175.17this program, including through partnerships with community organizations, particularly | |
| 5685 | - | 175.18those organizations located in areas where long-term residents are eligible to be social equity | |
| 5686 | - | 175.19applicants. | |
| 5687 | - | 175.20 Subd. 7.Reporting requirements.(a) A nonprofit corporation that receives a grant | |
| 5688 | - | 175.21shall: | |
| 5689 | - | 175.22 (1) submit an annual report to the commissioner by February 1 of each year that the | |
| 5690 | - | 175.23nonprofit corporation participates in the program that includes a description of businesses | |
| 5691 | - | 175.24supported by the grant program, an account of loans made during the calendar year, the | |
| 5692 | - | 175.25program's impact on business creation and job creation, particularly in communities where | |
| 5693 | - | 175.26long-term residents are eligible to be social equity applicants, the source and amount of | |
| 5694 | - | 175.27money collected and distributed by the program, the program's assets and liabilities, and an | |
| 5695 | - | 175.28explanation of administrative expenses; and | |
| 5696 | - | 175.29 (2) provide for an independent annual audit to be performed in accordance with generally | |
| 5697 | - | 175.30accepted accounting practices and auditing standards and submit a copy of each annual | |
| 5698 | - | 175.31audit report to the commissioner. | |
| 5699 | - | 175.32 (b) By March 1, 2024, and each March 1 thereafter, the commissioner must submit a | |
| 5700 | - | 175.33report to the chairs and ranking minority members of the committees of the house of | |
| 5701 | - | 175.34representatives and the senate having jurisdiction over economic development that details | |
| 5702 | - | 175Article 3 Section 1. | |
| 5703 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 176.1awards given through the CanStartup program and the use of grant money, including any | |
| 5704 | - | 176.2measures of success toward financing new businesses in the legal cannabis industry and | |
| 5705 | - | 176.3creating jobs in communities where long-term residents are eligible to be social equity | |
| 5706 | - | 176.4applicants. | |
| 5707 | - | 176.5Sec. 2. [116J.6595] CANNABIS INDUSTRY NAVIGATION GRANTS. | |
| 5708 | - | 176.6 Subdivision 1.Establishment.The commissioner of employment and economic | |
| 5709 | - | 176.7development shall establish CanNavigate, a program to award grants to eligible organizations | |
| 5710 | - | 176.8to help individuals navigate the regulatory structure of the legal cannabis industry. | |
| 5711 | - | 176.9 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the | |
| 5712 | - | 176.10meanings given. | |
| 5713 | - | 176.11 (b) "Commissioner" means the commissioner of employment and economic development. | |
| 5714 | - | 176.12 (c) "Eligible organization" means any organization capable of helping individuals navigate | |
| 5715 | - | 176.13the regulatory structure of the legal cannabis industry, particularly individuals facing barriers | |
| 5716 | - | 176.14to education or employment, and may include educational institutions, nonprofit | |
| 5717 | - | 176.15organizations, private businesses, community groups, units of local government, or | |
| 5718 | - | 176.16partnerships between different types of organizations. | |
| 5719 | - | 176.17 (d) "Industry" means the legal cannabis industry in the state of Minnesota. | |
| 5720 | - | 176.18 (e) "Program" means the CanNavigate grant program. | |
| 5721 | - | 176.19 (f) "Social equity applicant" means a person who meets the qualification requirements | |
| 5722 | - | 176.20in section 342.15. | |
| 5723 | - | 176.21 Subd. 3.Grants to organizations.(a) Grant money awarded to eligible organizations | |
| 5724 | - | 176.22may be used for both developing technical assistance resources relevant to the regulatory | |
| 5725 | - | 176.23structure of the legal cannabis industry and for providing technical assistance or navigation | |
| 5726 | - | 176.24services to individuals. | |
| 5727 | - | 176.25 (b) The commissioner must award grants to eligible organizations through a competitive | |
| 5728 | - | 176.26grant process. | |
| 5729 | - | 176.27 (c) To receive grant money, an eligible organization must submit a written application | |
| 5730 | - | 176.28to the commissioner, using a form developed by the commissioner, explaining the | |
| 5731 | - | 176.29organization's ability to assist individuals in navigating the regulatory structure of the legal | |
| 5732 | - | 176.30cannabis industry, particularly individuals facing barriers to education or employment. | |
| 5733 | - | 176.31 (d) An eligible organization's grant application must also include: | |
| 5734 | - | 176Article 3 Sec. 2. | |
| 5735 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 177.1 (1) a description of the proposed technical assistance or navigation services, including | |
| 5736 | - | 177.2the types of individuals targeted for assistance; | |
| 5737 | - | 177.3 (2) any evidence of the organization's past success in providing technical assistance or | |
| 5738 | - | 177.4navigation services to individuals, particularly individuals who live in areas where long-term | |
| 5739 | - | 177.5residents are eligible to be social equity applicants; | |
| 5740 | - | 177.6 (3) an estimate of the cost of providing the technical assistance; | |
| 5741 | - | 177.7 (4) the sources and amounts of any nonstate money or in-kind contributions that will | |
| 5742 | - | 177.8supplement grant money, including any amounts that individuals will be charged to receive | |
| 5743 | - | 177.9assistance; and | |
| 5744 | - | 177.10 (5) any additional information requested by the commissioner. | |
| 5745 | - | 177.11 (e) In awarding grants under this subdivision, the commissioner shall give weight to | |
| 5746 | - | 177.12applications from organizations that demonstrate a history of successful technical assistance | |
| 5747 | - | 177.13or navigation services, particularly for individuals facing barriers to education or employment. | |
| 5748 | - | 177.14The commissioner shall also give weight to applications where the proposed technical | |
| 5749 | - | 177.15assistance will serve areas where long-term residents are eligible to be social equity | |
| 5750 | - | 177.16applicants. To the extent practicable, the commissioner shall fund technical assistance for | |
| 5751 | - | 177.17a variety of sectors in the legal cannabis industry, including both processing and retail | |
| 5752 | - | 177.18sectors. | |
| 5753 | - | 177.19 Subd. 4.Program outreach.The commissioner shall make extensive efforts to publicize | |
| 5754 | - | 177.20these grants, including through partnerships with community organizations, particularly | |
| 5755 | - | 177.21those organizations located in areas where long-term residents are eligible to be social equity | |
| 5756 | - | 177.22applicants. | |
| 5757 | - | 177.23 Subd. 5.Reports to the legislature.By January 15, 2024, and each January 15 thereafter, | |
| 5758 | - | 177.24the commissioner must submit a report to the chairs and ranking minority members of the | |
| 5759 | - | 177.25committees of the house of representatives and the senate having jurisdiction over economic | |
| 5760 | - | 177.26development that details awards given through the CanNavigate program and the use of | |
| 5761 | - | 177.27grant money, including any measures of success toward helping individuals navigate the | |
| 5762 | - | 177.28regulatory structure of the legal cannabis industry. | |
| 5763 | - | 177.29Sec. 3. [116L.90] CANNABIS INDUSTRY TRAINING GRANTS. | |
| 5764 | - | 177.30 Subdivision 1.Establishment.The commissioner of employment and economic | |
| 5765 | - | 177.31development shall establish CanTrain, a program to award grants to (1) eligible organizations | |
| 5766 | - | 177.32to train people for work in the legal cannabis industry, and (2) eligible individuals to acquire | |
| 5767 | - | 177.33such training. | |
| 5768 | - | 177Article 3 Sec. 3. | |
| 5769 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 178.1 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the | |
| 5770 | - | 178.2meanings given. | |
| 5771 | - | 178.3 (b) "Commissioner" means the commissioner of employment and economic development. | |
| 5772 | - | 178.4 (c) "Eligible organization" means any organization capable of providing training relevant | |
| 5773 | - | 178.5to the legal cannabis industry, particularly for individuals facing barriers to education or | |
| 5774 | - | 178.6employment, and may include educational institutions, nonprofit organizations, private | |
| 5775 | - | 178.7businesses, community groups, units of local government, or partnerships between different | |
| 5776 | - | 178.8types of organizations. | |
| 5777 | - | 178.9 (d) "Eligible individual" means a Minnesota resident who is 21 years old or older. | |
| 5778 | - | 178.10 (e) "Industry" means the legal cannabis industry in Minnesota. | |
| 5779 | - | 178.11 (f) "Program" means the CanTrain grant program. | |
| 5780 | - | 178.12 (g) "Social equity applicant" means a person who meets the qualification requirements | |
| 5781 | - | 178.13in section 342.15. | |
| 5782 | - | 178.14 Subd. 3.Grants to organizations.(a) Grant money awarded to eligible organizations | |
| 5783 | - | 178.15may be used for both developing a training program relevant to the legal cannabis industry | |
| 5784 | - | 178.16and for providing such training to individuals. | |
| 5785 | - | 178.17 (b) The commissioner must award grants to eligible organizations through a competitive | |
| 5786 | - | 178.18grant process. | |
| 5787 | - | 178.19 (c) To receive grant money, an eligible organization must submit a written application | |
| 5788 | - | 178.20to the commissioner, using a form developed by the commissioner, explaining the | |
| 5789 | - | 178.21organization's ability to train individuals for successful careers in the legal cannabis industry, | |
| 5790 | - | 178.22particularly individuals facing barriers to education or employment. | |
| 5791 | - | 178.23 (d) An eligible organization's grant application must also include: | |
| 5792 | - | 178.24 (1) a description of the proposed training; | |
| 5793 | - | 178.25 (2) an analysis of the degree of demand in the legal cannabis industry for the skills gained | |
| 5794 | - | 178.26through the proposed training; | |
| 5795 | - | 178.27 (3) any evidence of the organization's past success in training individuals for successful | |
| 5796 | - | 178.28careers, particularly in new or emerging industries; | |
| 5797 | - | 178.29 (4) an estimate of the cost of providing the proposed training; | |
| 5798 | - | 178Article 3 Sec. 3. | |
| 5799 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 179.1 (5) the sources and amounts of any nonstate funds or in-kind contributions that will | |
| 5800 | - | 179.2supplement grant money, including any amounts that individuals will be charged to | |
| 5801 | - | 179.3participate in the training; and | |
| 5802 | - | 179.4 (6) any additional information requested by the commissioner. | |
| 5803 | - | 179.5 (e) In awarding grants under this subdivision, the commissioner shall give weight to | |
| 5804 | - | 179.6applications from organizations that demonstrate a history of successful career training, | |
| 5805 | - | 179.7particularly for individuals facing barriers to education or employment. The commissioner | |
| 5806 | - | 179.8shall also give weight to applications where the proposed training will: | |
| 5807 | - | 179.9 (1) result in an industry-relevant credential; or | |
| 5808 | - | 179.10 (2) include opportunities for hands-on or on-site experience in the industry. | |
| 5809 | - | 179.11The commissioner shall fund training for a broad range of careers in the legal cannabis | |
| 5810 | - | 179.12industry, including both potential business owners and employees and for work in the | |
| 5811 | - | 179.13growing, processing, and retail sectors of the legal cannabis industry. | |
| 5812 | - | 179.14 Subd. 4.Grants to individuals.(a) The commissioner shall award grants of $....... to | |
| 5813 | - | 179.15eligible individuals to pursue a training program relevant to a career in the legal cannabis | |
| 5814 | - | 179.16industry. | |
| 5815 | - | 179.17 (b) To receive grant money, an eligible individual must submit a written application to | |
| 5816 | - | 179.18the commissioner, using a form developed by the commissioner, identifying a training | |
| 5817 | - | 179.19program relevant to the legal cannabis industry and the estimated cost of completing that | |
| 5818 | - | 179.20training. The application must also indicate whether: | |
| 5819 | - | 179.21 (1) the applicant is eligible to be a social equity applicant; | |
| 5820 | - | 179.22 (2) the proposed training program results in an industry-relevant credential; and | |
| 5821 | - | 179.23 (3) the proposed training program includes opportunities for hands-on or on-site | |
| 5822 | - | 179.24experience in the industry. | |
| 5823 | - | 179.25The commissioner shall attempt to make the application process simple for individuals to | |
| 5824 | - | 179.26complete, such as by publishing lists of industry-relevant training programs along with the | |
| 5825 | - | 179.27training program's estimated cost of completing the training programs and whether the | |
| 5826 | - | 179.28training programs will result in an industry-relevant credential or include opportunities for | |
| 5827 | - | 179.29hands-on or on-site experience in the legal cannabis industry. | |
| 5828 | - | 179.30 (c) The commissioner must award grants to eligible individuals through a lottery process. | |
| 5829 | - | 179.31Applicants who have filed complete applications by the deadline set by the commissioner | |
| 5830 | - | 179.32shall receive one entry in the lottery, plus one additional entry for each of the following: | |
| 5831 | - | 179Article 3 Sec. 3. | |
| 5832 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 180.1 (1) being eligible to be a social equity applicant; | |
| 5833 | - | 180.2 (2) seeking to enroll in a training program that results in an industry-relevant credential; | |
| 5834 | - | 180.3and | |
| 5835 | - | 180.4 (3) seeking to enroll in a training program that includes opportunities for hands-on or | |
| 5836 | - | 180.5on-site experience in the industry. | |
| 5837 | - | 180.6 (d) Grant money awarded to eligible individuals shall be used to pay the costs of enrolling | |
| 5838 | - | 180.7in a training program relevant to the legal cannabis industry, including tuition, fees, and | |
| 5839 | - | 180.8materials costs. Grant money may also be used to remove external barriers to attending such | |
| 5840 | - | 180.9a training program, such as the cost of child care, transportation, or other expenses approved | |
| 5841 | - | 180.10by the commissioner. | |
| 5842 | - | 180.11 Subd. 5.Program outreach.The commissioner shall make extensive efforts to publicize | |
| 5843 | - | 180.12these grants, including through partnerships with community organizations, particularly | |
| 5844 | - | 180.13those organizations located in areas where long-term residents are eligible to be social equity | |
| 5845 | - | 180.14applicants. | |
| 5846 | - | 180.15 Subd. 6.Reports to the legislature.By January 15, 2024, and each January 15 thereafter, | |
| 5847 | - | 180.16the commissioner must submit a report to the chairs and ranking minority members of the | |
| 5848 | - | 180.17committees of the house of representatives and the senate having jurisdiction over workforce | |
| 5849 | - | 180.18development that describes awards given through the CanTrain program and the use of | |
| 5850 | - | 180.19grant money, including any measures of success toward training people for successful | |
| 5851 | - | 180.20careers in the legal cannabis industry. | |
| 5852 | - | 180.21 ARTICLE 4 | |
| 5853 | - | 180.22 CRIMINAL PENALTIES | |
| 5854 | - | 180.23Section 1. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision | |
| 5855 | - | 180.24to read: | |
| 5856 | - | 180.25 Subd. 25.Cannabis product."Cannabis product" has the meaning given in section | |
| 5857 | - | 180.26342.01, subdivision 19. | |
| 5858 | - | 180.27Sec. 2. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to | |
| 5859 | - | 180.28read: | |
| 5860 | - | 180.29 Subd. 26.Cannabis concentrate."Cannabis concentrate" has the meaning given in | |
| 5861 | - | 180.30section 342.01, subdivision 14. | |
| 5862 | - | 180Article 4 Sec. 2. | |
| 5863 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 181.1Sec. 3. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to | |
| 5864 | - | 181.2read: | |
| 5865 | - | 181.3 Subd. 27.Cannabis flower."Cannabis flower" has the meaning given in section 342.01, | |
| 5866 | - | 181.4subdivision 15. | |
| 5867 | - | 181.5Sec. 4. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to | |
| 5868 | - | 181.6read: | |
| 5869 | - | 181.7 Subd. 28.Edible cannabis product."Edible cannabis product" has the meaning given | |
| 5870 | - | 181.8in section 342.01, subdivision 29. | |
| 5871 | - | 181.9Sec. 5. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to | |
| 5872 | - | 181.10read: | |
| 5873 | - | 181.11 Subd. 29.Cannabis plant."Cannabis plant" has the meaning given in section 342.01, | |
| 5874 | - | 181.12subdivision 18. | |
| 5875 | - | 181.13Sec. 6. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to | |
| 5876 | - | 181.14read: | |
| 5877 | - | 181.15 Subd. 30.Synthetically derived cannabinoid."Synthetically derived cannabinoid" has | |
| 5878 | - | 181.16the meaning given in section 342.01, subdivision 67. | |
| 5879 | - | 181.17Sec. 7. Minnesota Statutes 2022, section 152.021, subdivision 2, is amended to read: | |
| 5880 | - | 181.18 Subd. 2.Possession crimes.(a) A person is guilty of a controlled substance crime in | |
| 5881 | - | 181.19the first degree if: | |
| 5882 | - | 181.20 (1) the person unlawfully possesses one or more mixtures of a total weight of 50 grams | |
| 5883 | - | 181.21or more containing cocaine or methamphetamine; | |
| 5884 | - | 181.22 (2) the person unlawfully possesses one or more mixtures of a total weight of 25 grams | |
| 5885 | - | 181.23or more containing cocaine or methamphetamine and: | |
| 5886 | - | 181.24 (i) the person or an accomplice possesses on their person or within immediate reach, or | |
| 5887 | - | 181.25uses, whether by brandishing, displaying, threatening with, or otherwise employing, a | |
| 5888 | - | 181.26firearm; or | |
| 5889 | - | 181.27 (ii) the offense involves two aggravating factors; | |
| 5890 | - | 181.28 (3) the person unlawfully possesses one or more mixtures of a total weight of 25 grams | |
| 5891 | - | 181.29or more containing heroin; | |
| 5892 | - | 181Article 4 Sec. 7. | |
| 5893 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 182.1 (4) the person unlawfully possesses one or more mixtures of a total weight of 500 grams | |
| 5894 | - | 182.2or more containing a narcotic drug other than cocaine, heroin, or methamphetamine; | |
| 5895 | - | 182.3 (5) the person unlawfully possesses one or more mixtures of a total weight of 500 grams | |
| 5896 | - | 182.4or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled | |
| 5897 | - | 182.5substance is packaged in dosage units, equaling 500 or more dosage units; or | |
| 5898 | - | 182.6 (6) the person unlawfully possesses one or more mixtures of a total weight of 50 | |
| 5899 | - | 182.7kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 500 or | |
| 5900 | - | 182.8more marijuana plants. | |
| 5901 | - | 182.9 (b) For the purposes of this subdivision, the weight of fluid used in a water pipe may | |
| 5902 | - | 182.10not be considered in measuring the weight of a mixture except in cases where the mixture | |
| 5903 | - | 182.11contains four or more fluid ounces of fluid. | |
| 5904 | - | 182.12 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 5905 | - | 182.13committed on or after that date. | |
| 5906 | - | 182.14Sec. 8. Minnesota Statutes 2022, section 152.022, subdivision 1, is amended to read: | |
| 5907 | - | 182.15 Subdivision 1.Sale crimes.A person is guilty of controlled substance crime in the | |
| 5908 | - | 182.16second degree if: | |
| 5909 | - | 182.17 (1) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5910 | - | 182.18more mixtures of a total weight of ten grams or more containing a narcotic drug other than | |
| 5911 | - | 182.19heroin; | |
| 5912 | - | 182.20 (2) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5913 | - | 182.21more mixtures of a total weight of three grams or more containing cocaine or | |
| 5914 | - | 182.22methamphetamine and: | |
| 5915 | - | 182.23 (i) the person or an accomplice possesses on their person or within immediate reach, or | |
| 5916 | - | 182.24uses, whether by brandishing, displaying, threatening with, or otherwise employing, a | |
| 5917 | - | 182.25firearm; or | |
| 5918 | - | 182.26 (ii) the offense involves three aggravating factors; | |
| 5919 | - | 182.27 (3) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5920 | - | 182.28more mixtures of a total weight of three grams or more containing heroin; | |
| 5921 | - | 182.29 (4) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5922 | - | 182.30more mixtures of a total weight of ten grams or more containing amphetamine, phencyclidine, | |
| 5923 | - | 182.31or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 50 or | |
| 5924 | - | 182.32more dosage units; | |
| 5925 | - | 182Article 4 Sec. 8. | |
| 5926 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 183.1 (5) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5927 | - | 183.2more mixtures of a total weight of ten kilograms or more containing marijuana or | |
| 5928 | - | 183.3Tetrahydrocannabinols; | |
| 5929 | - | 183.4 (6) (5) the person unlawfully sells any amount of a Schedule I or II narcotic drug to a | |
| 5930 | - | 183.5person under the age of 18, or conspires with or employs a person under the age of 18 to | |
| 5931 | - | 183.6unlawfully sell the substance; or | |
| 5932 | - | 183.7 (7) (6) the person unlawfully sells any of the following in a school zone, a park zone, a | |
| 5933 | - | 183.8public housing zone, or a drug treatment facility: | |
| 5934 | - | 183.9 (i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD), | |
| 5935 | - | 183.103,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine; or | |
| 5936 | - | 183.11 (ii) one or more mixtures containing methamphetamine or amphetamine; or. | |
| 5937 | - | 183.12 (iii) one or more mixtures of a total weight of five kilograms or more containing marijuana | |
| 5938 | - | 183.13or Tetrahydrocannabinols. | |
| 5939 | - | 183.14 EFFECTIVE DATE.This section is effective January 1, 2024, and applies to crimes | |
| 5940 | - | 183.15committed on or after that date. | |
| 5941 | - | 183.16Sec. 9. Minnesota Statutes 2022, section 152.022, subdivision 2, is amended to read: | |
| 5942 | - | 183.17 Subd. 2.Possession crimes.(a) A person is guilty of controlled substance crime in the | |
| 5943 | - | 183.18second degree if: | |
| 5944 | - | 183.19 (1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams | |
| 5945 | - | 183.20or more containing cocaine or methamphetamine; | |
| 5946 | - | 183.21 (2) the person unlawfully possesses one or more mixtures of a total weight of ten grams | |
| 5947 | - | 183.22or more containing cocaine or methamphetamine and: | |
| 5948 | - | 183.23 (i) the person or an accomplice possesses on their person or within immediate reach, or | |
| 5949 | - | 183.24uses, whether by brandishing, displaying, threatening with, or otherwise employing, a | |
| 5950 | - | 183.25firearm; or | |
| 5951 | - | 183.26 (ii) the offense involves three aggravating factors; | |
| 5952 | - | 183.27 (3) the person unlawfully possesses one or more mixtures of a total weight of six grams | |
| 5953 | - | 183.28or more containing heroin; | |
| 5954 | - | 183.29 (4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams | |
| 5955 | - | 183.30or more containing a narcotic drug other than cocaine, heroin, or methamphetamine; | |
| 5956 | - | 183Article 4 Sec. 9. | |
| 5957 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 184.1 (5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams | |
| 5958 | - | 184.2or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled | |
| 5959 | - | 184.3substance is packaged in dosage units, equaling 100 or more dosage units; or | |
| 5960 | - | 184.4 (6) the person unlawfully possesses one or more mixtures of a total weight of 25 | |
| 5961 | - | 184.5kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 100 or | |
| 5962 | - | 184.6more marijuana plants. | |
| 5963 | - | 184.7 (b) For the purposes of this subdivision, the weight of fluid used in a water pipe may | |
| 5964 | - | 184.8not be considered in measuring the weight of a mixture except in cases where the mixture | |
| 5965 | - | 184.9contains four or more fluid ounces of fluid. | |
| 5966 | - | 184.10 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 5967 | - | 184.11committed on or after that date. | |
| 5968 | - | 184.12Sec. 10. Minnesota Statutes 2022, section 152.023, subdivision 1, is amended to read: | |
| 5969 | - | 184.13 Subdivision 1.Sale crimes.A person is guilty of controlled substance crime in the third | |
| 5970 | - | 184.14degree if: | |
| 5971 | - | 184.15 (1) the person unlawfully sells one or more mixtures containing a narcotic drug; | |
| 5972 | - | 184.16 (2) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5973 | - | 184.17more mixtures containing phencyclidine or hallucinogen, it is packaged in dosage units, | |
| 5974 | - | 184.18and equals ten or more dosage units; | |
| 5975 | - | 184.19 (3) the person unlawfully sells one or more mixtures containing a controlled substance | |
| 5976 | - | 184.20classified in Schedule I, II, or III, except a Schedule I or II narcotic drug, cannabis flower, | |
| 5977 | - | 184.21or cannabis products to a person under the age of 18; or | |
| 5978 | - | 184.22 (4) the person conspires with or employs a person under the age of 18 to unlawfully sell | |
| 5979 | - | 184.23one or more mixtures containing a controlled substance listed in Schedule I, II, or III, except | |
| 5980 | - | 184.24a Schedule I or II narcotic drug; or, cannabis flower, or cannabis products. | |
| 5981 | - | 184.25 (5) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5982 | - | 184.26more mixtures of a total weight of five kilograms or more containing marijuana or | |
| 5983 | - | 184.27Tetrahydrocannabinols. | |
| 5984 | - | 184.28 EFFECTIVE DATE.This section is effective January 1, 2024, and applies to crimes | |
| 5985 | - | 184.29committed on or after that date. | |
| 5986 | - | 184Article 4 Sec. 10. | |
| 5987 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 185.1Sec. 11. Minnesota Statutes 2022, section 152.023, subdivision 2, is amended to read: | |
| 5988 | - | 185.2 Subd. 2.Possession crimes.(a) A person is guilty of controlled substance crime in the | |
| 5989 | - | 185.3third degree if: | |
| 5990 | - | 185.4 (1) on one or more occasions within a 90-day period the person unlawfully possesses | |
| 5991 | - | 185.5one or more mixtures of a total weight of ten grams or more containing a narcotic drug other | |
| 5992 | - | 185.6than heroin; | |
| 5993 | - | 185.7 (2) on one or more occasions within a 90-day period the person unlawfully possesses | |
| 5994 | - | 185.8one or more mixtures of a total weight of three grams or more containing heroin; | |
| 5995 | - | 185.9 (3) on one or more occasions within a 90-day period the person unlawfully possesses | |
| 5996 | - | 185.10one or more mixtures containing a narcotic drug, it is packaged in dosage units, and equals | |
| 5997 | - | 185.1150 or more dosage units; | |
| 5998 | - | 185.12 (4) on one or more occasions within a 90-day period the person unlawfully possesses | |
| 5999 | - | 185.13any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid | |
| 6000 | - | 185.14diethylamide (LSD), 3,4-methylenedioxy amphetamine, or | |
| 6001 | - | 185.153,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone, | |
| 6002 | - | 185.16or a drug treatment facility; | |
| 6003 | - | 185.17 (5) on one or more occasions within a 90-day period the person unlawfully possesses | |
| 6004 | - | 185.18one or more mixtures of a total weight of ten kilograms or more containing marijuana or | |
| 6005 | - | 185.19Tetrahydrocannabinols: | |
| 6006 | - | 185.20 (i) more than ten kilograms of cannabis flower; | |
| 6007 | - | 185.21 (ii) more than two kilograms of cannabis concentrate; or | |
| 6008 | - | 185.22 (iii) edible cannabis products infused with more than 200 grams of tetrahydrocannabinol; | |
| 6009 | - | 185.23or | |
| 6010 | - | 185.24 (6) the person unlawfully possesses one or more mixtures containing methamphetamine | |
| 6011 | - | 185.25or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment | |
| 6012 | - | 185.26facility. | |
| 6013 | - | 185.27 (b) For the purposes of this subdivision, the weight of fluid used in a water pipe may | |
| 6014 | - | 185.28not be considered in measuring the weight of a mixture except in cases where the mixture | |
| 6015 | - | 185.29contains four or more fluid ounces of fluid. | |
| 6016 | - | 185.30 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6017 | - | 185.31committed on or after that date. | |
| 6018 | - | 185Article 4 Sec. 11. | |
| 6019 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 186.1Sec. 12. Minnesota Statutes 2022, section 152.024, subdivision 1, is amended to read: | |
| 6020 | - | 186.2 Subdivision 1.Sale crimes.A person is guilty of controlled substance crime in the fourth | |
| 6021 | - | 186.3degree if: | |
| 6022 | - | 186.4 (1) the person unlawfully sells one or more mixtures containing a controlled substance | |
| 6023 | - | 186.5classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols; | |
| 6024 | - | 186.6 (2) the person unlawfully sells one or more mixtures containing a controlled substance | |
| 6025 | - | 186.7classified in Schedule IV or V to a person under the age of 18; or | |
| 6026 | - | 186.8 (3) the person conspires with or employs a person under the age of 18 to unlawfully sell | |
| 6027 | - | 186.9a controlled substance classified in Schedule IV or V; or. | |
| 6028 | - | 186.10 (4) the person unlawfully sells any amount of marijuana or Tetrahydrocannabinols in a | |
| 6029 | - | 186.11school zone, a park zone, a public housing zone, or a drug treatment facility, except a small | |
| 6030 | - | 186.12amount for no remuneration. | |
| 6031 | - | 186.13 EFFECTIVE DATE.This section is effective January 1, 2024, and applies to crimes | |
| 6032 | - | 186.14committed on or after that date. | |
| 6033 | - | 186.15Sec. 13. Minnesota Statutes 2022, section 152.025, subdivision 1, is amended to read: | |
| 6034 | - | 186.16 Subdivision 1.Sale crimes.A person is guilty of a controlled substance crime in the | |
| 6035 | - | 186.17fifth degree and upon conviction may be sentenced as provided in subdivision 4 if: | |
| 6036 | - | 186.18 (1) the person unlawfully sells one or more mixtures containing marijuana or | |
| 6037 | - | 186.19tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or | |
| 6038 | - | 186.20 (2) the person unlawfully sells one or more mixtures containing a controlled substance | |
| 6039 | - | 186.21classified in Schedule IV. | |
| 6040 | - | 186.22 EFFECTIVE DATE.This section is effective January 1, 2024, and applies to crimes | |
| 6041 | - | 186.23committed on or after that date. | |
| 6042 | - | 186.24Sec. 14. Minnesota Statutes 2022, section 152.025, subdivision 2, is amended to read: | |
| 6043 | - | 186.25 Subd. 2.Possession and other crimes.A person is guilty of controlled substance crime | |
| 6044 | - | 186.26in the fifth degree and upon conviction may be sentenced as provided in subdivision 4 if: | |
| 6045 | - | 186.27 (1) the person unlawfully possesses one or more mixtures containing a controlled | |
| 6046 | - | 186.28substance classified in Schedule I, II, III, or IV, except a small amount of marijuana cannabis | |
| 6047 | - | 186.29flower or cannabis products; or | |
| 6048 | - | 186Article 4 Sec. 14. | |
| 6049 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 187.1 (2) the person procures, attempts to procure, possesses, or has control over a controlled | |
| 6050 | - | 187.2substance by any of the following means: | |
| 6051 | - | 187.3 (i) fraud, deceit, misrepresentation, or subterfuge; | |
| 6052 | - | 187.4 (ii) using a false name or giving false credit; or | |
| 6053 | - | 187.5 (iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer, | |
| 6054 | - | 187.6wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice | |
| 6055 | - | 187.7medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of | |
| 6056 | - | 187.8obtaining a controlled substance. | |
| 6057 | - | 187.9 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6058 | - | 187.10committed on or after that date. | |
| 6059 | - | 187.11Sec. 15. [152.0263] CANNABIS POSSESSION CRIMES. | |
| 6060 | - | 187.12 Subdivision 1.Possession of cannabis in the first degree.A person is guilty of cannabis | |
| 6061 | - | 187.13possession in the first degree and may be sentenced to imprisonment of not more than five | |
| 6062 | - | 187.14years or to payment of a fine of not more than $10,000, or both, if the person unlawfully | |
| 6063 | - | 187.15possesses any of the following: | |
| 6064 | - | 187.16 (1) more than two pounds but not more than ten kilograms of cannabis flower in any | |
| 6065 | - | 187.17place other than the person's residence; | |
| 6066 | - | 187.18 (2) more than two pounds but not more than ten kilograms of cannabis flower derived | |
| 6067 | - | 187.19from sources other than the home cultivation of cannabis plants authorized in section 342.09, | |
| 6068 | - | 187.20subdivision 2, in the person's residence; | |
| 6069 | - | 187.21 (3) more than five pounds but not more than ten kilograms of cannabis flower, regardless | |
| 6070 | - | 187.22of the cannabis' source, in the person's residence; | |
| 6071 | - | 187.23 (4) more than 160 grams but not more than two kilograms of cannabis concentrate; or | |
| 6072 | - | 187.24 (5) edible cannabis products infused with more than 16 grams but not more than 200 | |
| 6073 | - | 187.25grams of tetrahydrocannabinol. | |
| 6074 | - | 187.26 Subd. 2.Possession of cannabis in the second degree.A person is guilty of cannabis | |
| 6075 | - | 187.27possession in the second degree and may be sentenced to imprisonment of not more than | |
| 6076 | - | 187.28one year or to payment of a fine of not more than $3,000, or both, if the person unlawfully | |
| 6077 | - | 187.29possesses any of the following: | |
| 6078 | - | 187.30 (1) more than one pound but not more than two pounds of cannabis flower in any place | |
| 6079 | - | 187.31other than the person's residence; | |
| 6080 | - | 187Article 4 Sec. 15. | |
| 6081 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 188.1 (2) more than 80 grams but not more than 160 grams of cannabis concentrate; or | |
| 6082 | - | 188.2 (3) edible cannabis products infused with more than eight grams but not more than 16 | |
| 6083 | - | 188.3grams of tetrahydrocannabinol. | |
| 6084 | - | 188.4 Subd. 3.Possession of cannabis in the third degree.A person is guilty of cannabis | |
| 6085 | - | 188.5possession in the third degree and may be sentenced to imprisonment of not more than 90 | |
| 6086 | - | 188.6days or to payment of a fine of not more than $1,000, or both, if the person unlawfully | |
| 6087 | - | 188.7possesses any of the following: | |
| 6088 | - | 188.8 (1) more than four ounces but not more than one pound of cannabis flower in any place | |
| 6089 | - | 188.9other than the person's residence; | |
| 6090 | - | 188.10 (2) more than 16 grams but not more than 80 grams of cannabis concentrate; or | |
| 6091 | - | 188.11 (3) edible cannabis products infused with more than 1,600 milligrams but not more than | |
| 6092 | - | 188.12eight grams of tetrahydrocannabinol. | |
| 6093 | - | 188.13 Subd. 4.Possession of cannabis in the fourth degree.A person is guilty of a petty | |
| 6094 | - | 188.14misdemeanor if the person unlawfully possesses any of the following: | |
| 6095 | - | 188.15 (1) more than two ounces but not more than four ounces of cannabis flower in any place | |
| 6096 | - | 188.16other than the person's residence; | |
| 6097 | - | 188.17 (2) more than eight grams but not more than 16 grams of cannabis concentrate; or | |
| 6098 | - | 188.18 (3) edible cannabis products infused with more than 800 milligrams but not more than | |
| 6099 | - | 188.191,600 milligrams of tetrahydrocannabinol. | |
| 6100 | - | 188.20 Subd. 5.Use of cannabis in a motor vehicle.(a) A person is guilty of a crime and may | |
| 6101 | - | 188.21be sentenced to imprisonment of not more than 90 days or to payment of a fine of not more | |
| 6102 | - | 188.22than $1,000, or both, if the person unlawfully uses cannabis flower or cannabis products | |
| 6103 | - | 188.23while driving, operating, or being in physical control of any motor vehicle, as defined in | |
| 6104 | - | 188.24section 169A.03, subdivision 15. | |
| 6105 | - | 188.25 (b) The State Patrol must increase enforcement of this subdivision annually on April | |
| 6106 | - | 188.2620. Other law enforcement agencies are encouraged to increase enforcement of this | |
| 6107 | - | 188.27subdivision annually on April 20. | |
| 6108 | - | 188.28 Subd. 6.Use of cannabis in public.A local unit of government may adopt an ordinance | |
| 6109 | - | 188.29establishing a petty misdemeanor offense for a person who unlawfully uses cannabis flower | |
| 6110 | - | 188.30or cannabis products in a public place provided that the definition of public place does not | |
| 6111 | - | 188.31include the following: | |
| 6112 | - | 188.32 (1) a private residence, including the person's curtilage or yard; | |
| 6113 | - | 188Article 4 Sec. 15. | |
| 6114 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 189.1 (2) private property not generally accessible by the public, unless the person is explicitly | |
| 6115 | - | 189.2prohibited from consuming cannabis flower or cannabis products on the property by the | |
| 6116 | - | 189.3owner of the property; or | |
| 6117 | - | 189.4 (3) the premises of an establishment or event licensed to permit on-site consumption. | |
| 6118 | - | 189.5 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6119 | - | 189.6committed on or after that date. | |
| 6120 | - | 189.7Sec. 16. [152.0264] CANNABIS SALE CRIMES. | |
| 6121 | - | 189.8 Subdivision 1.Sale of cannabis in the first degree.A person is guilty of the sale of | |
| 6122 | - | 189.9cannabis in the first degree and may be sentenced to imprisonment of not more than five | |
| 6123 | - | 189.10years or to payment of a fine of not more than $10,000, or both, if the person unlawfully | |
| 6124 | - | 189.11sells more than two ounces of cannabis flower, more than eight grams of cannabis | |
| 6125 | - | 189.12concentrate, or edible cannabis products infused with more than 800 milligrams of | |
| 6126 | - | 189.13tetrahydrocannabinol: | |
| 6127 | - | 189.14 (1) to a minor and the defendant is an adult who is more than 36 months older than the | |
| 6128 | - | 189.15minor; | |
| 6129 | - | 189.16 (2) within ten years of two or more convictions for the unlawful sale of more than two | |
| 6130 | - | 189.17ounces of cannabis flower, more than eight grams of cannabis concentrate, or edible cannabis | |
| 6131 | - | 189.18products infused with more than 800 milligrams of tetrahydrocannabinol; or | |
| 6132 | - | 189.19 (3) within ten years of a conviction under this subdivision. | |
| 6133 | - | 189.20 Subd. 2.Sale of cannabis in the second degree.A person is guilty of sale of cannabis | |
| 6134 | - | 189.21in the second degree and may be sentenced to imprisonment of not more than one year or | |
| 6135 | - | 189.22to payment of a fine of not more than $3,000, or both, if the person unlawfully sells more | |
| 6136 | - | 189.23than two ounces of cannabis flower, more than eight grams of cannabis concentrate, or | |
| 6137 | - | 189.24edible cannabis products infused with more than 800 milligrams of tetrahydrocannabinol: | |
| 6138 | - | 189.25 (1) to a minor and the defendant is an adult who is not more than 36 months older than | |
| 6139 | - | 189.26the minor; | |
| 6140 | - | 189.27 (2) in a school zone, a park zone, a public housing zone, or a drug treatment facility; or | |
| 6141 | - | 189.28 (3) within ten years of a conviction for the unlawful sale of more than two ounces of | |
| 6142 | - | 189.29cannabis flower, more than eight grams of cannabis concentrate, or edible cannabis products | |
| 6143 | - | 189.30infused with more than 800 milligrams of tetrahydrocannabinol. | |
| 6144 | - | 189Article 4 Sec. 16. | |
| 6145 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 190.1 Subd. 3.Sale of cannabis in the third degree.A person is guilty of sale of cannabis in | |
| 6146 | - | 190.2the third degree and may be sentenced to imprisonment of not more than 90 days or to | |
| 6147 | - | 190.3payment of a fine of not more than $1,000, or both, if the person unlawfully sells: | |
| 6148 | - | 190.4 (1) more than two ounces of cannabis flower; | |
| 6149 | - | 190.5 (2) more than eight grams of cannabis concentrate; or | |
| 6150 | - | 190.6 (3) edible cannabis products infused with more than 800 milligrams of | |
| 6151 | - | 190.7tetrahydrocannabinol. | |
| 6152 | - | 190.8 Subd. 4.Sale of cannabis in the fourth degree.(a) A person is guilty of a petty | |
| 6153 | - | 190.9misdemeanor if the person unlawfully sells: | |
| 6154 | - | 190.10 (1) not more than two ounces of cannabis flower; | |
| 6155 | - | 190.11 (2) not more than eight grams of cannabis concentrate; or | |
| 6156 | - | 190.12 (3) edible cannabis products infused with not more than 800 milligrams of | |
| 6157 | - | 190.13tetrahydrocannabinol. | |
| 6158 | - | 190.14 (b) A sale for no remuneration by an individual over the age of 21 to another individual | |
| 6159 | - | 190.15over the age of 21 is not an unlawful sale under this subdivision. | |
| 6160 | - | 190.16 Subd. 5.Sale of cannabis by a minor.(a) A minor is guilty of a petty misdemeanor if: | |
| 6161 | - | 190.17 (1) the minor unlawfully sells cannabis flower, cannabis concentrate, or cannabis | |
| 6162 | - | 190.18products; and | |
| 6163 | - | 190.19 (2) the minor has not previously received a petty misdemeanor disposition or been | |
| 6164 | - | 190.20adjudicated delinquent for committing an act in violation of this section. | |
| 6165 | - | 190.21 (b) A minor sentenced under this subdivision is required to participate in a drug education | |
| 6166 | - | 190.22program unless the court enters a written finding that a drug education program is | |
| 6167 | - | 190.23inappropriate. The program must be approved by an area mental health board with a | |
| 6168 | - | 190.24curriculum approved by the state alcohol and drug abuse authority. | |
| 6169 | - | 190.25 (c) A minor who receives a disposition pursuant to this subdivision is required to perform | |
| 6170 | - | 190.26community service. | |
| 6171 | - | 190.27 EFFECTIVE DATE.This section is effective January 1, 2024, and applies to crimes | |
| 6172 | - | 190.28committed on or after that date. | |
| 6173 | - | 190Article 4 Sec. 16. | |
| 6174 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 191.1Sec. 17. [152.0265] CANNABIS CULTIVATION CRIMES. | |
| 6175 | - | 191.2 Subdivision 1.Cultivation of cannabis in the first degree.A person is guilty of | |
| 6176 | - | 191.3cultivation of cannabis in the first degree and may be sentenced to imprisonment of not | |
| 6177 | - | 191.4more than five years or to payment of a fine of not more than $10,000, or both, if the person | |
| 6178 | - | 191.5unlawfully cultivates more than 23 cannabis plants. | |
| 6179 | - | 191.6 Subd. 2.Cultivation of cannabis in the second degree.A person is guilty of cultivation | |
| 6180 | - | 191.7of cannabis in the second degree and may be sentenced to imprisonment of not more than | |
| 6181 | - | 191.8one year or to payment of a fine of not more than $3,000, or both, if the person unlawfully | |
| 6182 | - | 191.9cultivates more than 16 cannabis plants but not more than 23 cannabis plants. | |
| 6183 | - | 191.10 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6184 | - | 191.11committed on or after that date. | |
| 6185 | - | 191.12Sec. 18. [169A.36] OPEN PACKAGE LAW. | |
| 6186 | - | 191.13 Subdivision 1.Definitions.As used in this section: | |
| 6187 | - | 191.14 (1) "synthetically derived cannabinoid" has the meaning given in section 342.01, | |
| 6188 | - | 191.15subdivision 67; | |
| 6189 | - | 191.16 (2) "cannabis product" has the meaning given in section 342.01, subdivision 2; | |
| 6190 | - | 191.17 (3) "cannabis flower" has the meaning given in section 342.01, subdivision 16; | |
| 6191 | - | 191.18 (4) "motor vehicle" does not include motorboats in operation or off-road recreational | |
| 6192 | - | 191.19vehicles except while operated on a roadway or shoulder of a roadway that is not part of a | |
| 6193 | - | 191.20grant-in-aid trail or trail designated for that vehicle by the commissioner of natural resources; | |
| 6194 | - | 191.21and | |
| 6195 | - | 191.22 (5) "possession" means either that the person had actual possession of the package or | |
| 6196 | - | 191.23that the person consciously exercised dominion and control over the package. | |
| 6197 | - | 191.24 Subd. 2.Use; crime described.It is a crime for a person to use cannabis flower, a | |
| 6198 | - | 191.25cannabis product, or any product containing a synthetically derived cannabinoid in a motor | |
| 6199 | - | 191.26vehicle when the vehicle is on a street or highway. | |
| 6200 | - | 191.27 Subd. 3.Possession; crime described.It is a crime for a person to have in possession, | |
| 6201 | - | 191.28while in a private motor vehicle on a street or highway, any cannabis flower, a cannabis | |
| 6202 | - | 191.29product, or any product containing a synthetically derived cannabinoid that: | |
| 6203 | - | 191.30 (1) is in packaging or another container that does not comply with the relevant packaging | |
| 6204 | - | 191.31requirements in chapter 152 or 342; | |
| 6205 | - | 191Article 4 Sec. 18. | |
| 6206 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 192.1 (2) has been removed from the packaging in which it was sold; | |
| 6207 | - | 192.2 (3) is in packaging that has been opened or the seal has been broken; or | |
| 6208 | - | 192.3 (4) is in packaging of which the contents have been partially removed. | |
| 6209 | - | 192.4 Subd. 4.Liability of nonpresent owner; crime described.It is a crime for the owner | |
| 6210 | - | 192.5of any private motor vehicle or the driver, if the owner is not present in the motor vehicle, | |
| 6211 | - | 192.6to keep or allow to be kept in a motor vehicle when the vehicle is on a street or highway | |
| 6212 | - | 192.7cannabis flower, a cannabis product, or any product containing a synthetically derived | |
| 6213 | - | 192.8cannabinoid that: | |
| 6214 | - | 192.9 (1) is in packaging or another container that does not comply with the relevant packaging | |
| 6215 | - | 192.10requirements in chapter 152 or 342; | |
| 6216 | - | 192.11 (2) has been removed from the packaging in which it was sold; | |
| 6217 | - | 192.12 (3) is in packaging that has been opened or the seal has been broken; or | |
| 6218 | - | 192.13 (4) is in packaging of which the contents have been partially removed. | |
| 6219 | - | 192.14 Subd. 5.Criminal penalty.A person who violates subdivision 2, 3, or 4 is guilty of a | |
| 6220 | - | 192.15misdemeanor. | |
| 6221 | - | 192.16 Subd. 6.Exceptions.(a) This section does not prohibit the possession or consumption | |
| 6222 | - | 192.17of cannabis flower, a cannabis product, or any other product containing a synthetically | |
| 6223 | - | 192.18derived cannabinoid by passengers in: | |
| 6224 | - | 192.19 (1) a bus that is operated by a motor carrier of passengers as defined in section 221.012, | |
| 6225 | - | 192.20subdivision 26; | |
| 6226 | - | 192.21 (2) a vehicle that is operated for commercial purposes in a manner similar to a bicycle | |
| 6227 | - | 192.22as defined in section 169.011, subdivision 4, with five or more passengers who provide | |
| 6228 | - | 192.23pedal power to the drive train of the vehicle; or | |
| 6229 | - | 192.24 (3) a vehicle providing limousine service as defined in section 221.84, subdivision 1. | |
| 6230 | - | 192.25 (b) Subdivisions 3 and 4 do not apply to: (1) a package that is in the trunk of the vehicle | |
| 6231 | - | 192.26if the vehicle is equipped with a trunk; or (2) a package that is in another area of the vehicle | |
| 6232 | - | 192.27not normally occupied by the driver and passengers if the vehicle is not equipped with a | |
| 6233 | - | 192.28trunk. A utility compartment or glove compartment is deemed to be within the area occupied | |
| 6234 | - | 192.29by the driver and passengers. | |
| 6235 | - | 192.30 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6236 | - | 192.31committed on or after that date. | |
| 6237 | - | 192Article 4 Sec. 18. | |
| 6238 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 193.1Sec. 19. Minnesota Statutes 2022, section 609.135, subdivision 1, is amended to read: | |
| 6239 | - | 193.2 Subdivision 1.Terms and conditions.(a) Except when a sentence of life imprisonment | |
| 6240 | - | 193.3is required by law, or when a mandatory minimum sentence is required by section 609.11, | |
| 6241 | - | 193.4any court may stay imposition or execution of sentence and: | |
| 6242 | - | 193.5 (1) may order intermediate sanctions without placing the defendant on probation; or | |
| 6243 | - | 193.6 (2) may place the defendant on probation with or without supervision and on the terms | |
| 6244 | - | 193.7the court prescribes, including intermediate sanctions when practicable. The court may order | |
| 6245 | - | 193.8the supervision to be under the probation officer of the court, or, if there is none and the | |
| 6246 | - | 193.9conviction is for a felony or gross misdemeanor, by the commissioner of corrections, or in | |
| 6247 | - | 193.10any case by some other suitable and consenting person. Unless the court directs otherwise, | |
| 6248 | - | 193.11state parole and probation agents and probation officers may impose community work | |
| 6249 | - | 193.12service or probation violation sanctions, consistent with section 243.05, subdivision 1; | |
| 6250 | - | 193.13sections 244.196 to 244.199; or 401.02, subdivision 5. | |
| 6251 | - | 193.14 No intermediate sanction may be ordered performed at a location that fails to observe | |
| 6252 | - | 193.15applicable requirements or standards of chapter 181A or 182, or any rule promulgated under | |
| 6253 | - | 193.16them. | |
| 6254 | - | 193.17 (b) For purposes of this subdivision, subdivision 6, and section 609.14, the term | |
| 6255 | - | 193.18"intermediate sanctions" includes but is not limited to incarceration in a local jail or | |
| 6256 | - | 193.19workhouse, home detention, electronic monitoring, intensive probation, sentencing to service, | |
| 6257 | - | 193.20reporting to a day reporting center, chemical dependency or mental health treatment or | |
| 6258 | - | 193.21counseling, restitution, fines, day-fines, community work service, work service in a restorative | |
| 6259 | - | 193.22justice program, work in lieu of or to work off fines and, with the victim's consent, work in | |
| 6260 | - | 193.23lieu of or to work off restitution. | |
| 6261 | - | 193.24 (c) A court may not stay the revocation of the driver's license of a person convicted of | |
| 6262 | - | 193.25violating the provisions of section 169A.20. | |
| 6263 | - | 193.26 (d) If the court orders a fine, day-fine, or restitution as an intermediate sanction, payment | |
| 6264 | - | 193.27is due on the date imposed unless the court otherwise establishes a due date or a payment | |
| 6265 | - | 193.28plan. | |
| 6266 | - | 193.29 (e) The court may prohibit a defendant from using adult-use cannabis flower as defined | |
| 6267 | - | 193.30in section 342.01, subdivision 4, or adult-use cannabis products as defined in section 342.01, | |
| 6268 | - | 193.31subdivision 2, if the defendant undergoes a chemical use assessment and abstinence is | |
| 6269 | - | 193.32consistent with a recommended level of care for the defendant in accordance with the criteria | |
| 6270 | - | 193.33in rules adopted by the commissioner of human services under section 254A.03, subdivision | |
| 6271 | - | 193Article 4 Sec. 19. | |
| 6272 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 194.13. The assessment must be conducted by an assessor qualified under rules adopted by the | |
| 6273 | - | 194.2commissioner of human services under section 254A.03, subdivision 3. An assessor providing | |
| 6274 | - | 194.3a chemical use assessment may not have any direct or shared financial interest or referral | |
| 6275 | - | 194.4relationship resulting in shared financial gain with a treatment provider, except as authorized | |
| 6276 | - | 194.5under section 254A.19, subdivision 3. If an independent assessor is not available, the | |
| 6277 | - | 194.6probation officer may use the services of an assessor authorized to perform assessments for | |
| 6278 | - | 194.7the county social services agency under a variance granted under rules adopted by the | |
| 6279 | - | 194.8commissioner of human services under section 254A.03, subdivision 3. | |
| 6280 | - | 194.9 (f) A court shall not impose an intermediate sanction that has the effect of prohibiting | |
| 6281 | - | 194.10a person from participating in the registry program as defined in section 342.01, subdivision | |
| 6282 | - | 194.1163. | |
| 6283 | - | 194.12 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to sentences | |
| 6284 | - | 194.13ordered on or after that date. | |
| 6285 | - | 194.14Sec. 20. Minnesota Statutes 2022, section 609.5311, subdivision 1, is amended to read: | |
| 6286 | - | 194.15 Subdivision 1.Controlled substances.All controlled substances that were manufactured, | |
| 6287 | - | 194.16distributed, dispensed, or acquired in violation of chapter 152 or 342 are subject to forfeiture | |
| 6288 | - | 194.17under this section, except as provided in subdivision 3 and section 609.5316. | |
| 6289 | - | 194.18 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to violations | |
| 6290 | - | 194.19committed on or after that date. | |
| 6291 | - | 194.20Sec. 21. Minnesota Statutes 2022, section 609.5314, subdivision 1, is amended to read: | |
| 6292 | - | 194.21 Subdivision 1.Property subject to administrative forfeiture.(a) The following are | |
| 6293 | - | 194.22subject to administrative forfeiture under this section: | |
| 6294 | - | 194.23 (1) all money totaling $1,500 or more, precious metals, and precious stones that there | |
| 6295 | - | 194.24is probable cause to believe represent the proceeds of a controlled substance offense; | |
| 6296 | - | 194.25 (2) all money found in proximity to controlled substances when there is probable cause | |
| 6297 | - | 194.26to believe that the money was exchanged for the purchase of a controlled substance; | |
| 6298 | - | 194.27 (3) all conveyance devices containing controlled substances with a retail value of $100 | |
| 6299 | - | 194.28or more if there is probable cause to believe that the conveyance device was used in the | |
| 6300 | - | 194.29transportation or exchange of a controlled substance intended for distribution or sale; and | |
| 6301 | - | 194.30 (4) all firearms, ammunition, and firearm accessories found: | |
| 6302 | - | 194Article 4 Sec. 21. | |
| 6303 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 195.1 (i) in a conveyance device used or intended for use to commit or facilitate the commission | |
| 6304 | - | 195.2of a felony offense involving a controlled substance; | |
| 6305 | - | 195.3 (ii) on or in proximity to a person from whom a felony amount of controlled substance | |
| 6306 | - | 195.4is seized; or | |
| 6307 | - | 195.5 (iii) on the premises where a controlled substance is seized and in proximity to the | |
| 6308 | - | 195.6controlled substance, if possession or sale of the controlled substance would be a felony | |
| 6309 | - | 195.7under chapter 152. | |
| 6310 | - | 195.8 (b) The Department of Corrections Fugitive Apprehension Unit shall not seize items | |
| 6311 | - | 195.9listed in paragraph (a), clauses (3) and (4), for the purposes of forfeiture. | |
| 6312 | - | 195.10 (c) Money is the property of an appropriate agency and may be seized and recovered by | |
| 6313 | - | 195.11the appropriate agency if: | |
| 6314 | - | 195.12 (1) the money is used by an appropriate agency, or furnished to a person operating on | |
| 6315 | - | 195.13behalf of an appropriate agency, to purchase or attempt to purchase a controlled substance; | |
| 6316 | - | 195.14and | |
| 6317 | - | 195.15 (2) the appropriate agency records the serial number or otherwise marks the money for | |
| 6318 | - | 195.16identification. | |
| 6319 | - | 195.17 (d) As used in this section, "money" means United States currency and coin; the currency | |
| 6320 | - | 195.18and coin of a foreign country; a bank check, cashier's check, or traveler's check; a prepaid | |
| 6321 | - | 195.19credit card; cryptocurrency; or a money order. | |
| 6322 | - | 195.20 (e) As used in this section, "controlled substance" does not include cannabis flower as | |
| 6323 | - | 195.21defined in section 342.01, subdivision 16, or cannabis product as defined in section 342.01, | |
| 6324 | - | 195.22subdivision 2. | |
| 6325 | - | 195.23 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6326 | - | 195.24committed on or after that date. | |
| 6327 | - | 195.25Sec. 22. Minnesota Statutes 2022, section 609.5316, subdivision 2, is amended to read: | |
| 6328 | - | 195.26 Subd. 2.Controlled substances.(a) Controlled substances listed in Schedule I that are | |
| 6329 | - | 195.27possessed, transferred, sold, or offered for sale in violation of chapter 152 or 342, are | |
| 6330 | - | 195.28contraband and must be seized and summarily forfeited. Controlled substances listed in | |
| 6331 | - | 195.29Schedule I that are seized or come into the possession of peace officers, the owners of which | |
| 6332 | - | 195.30are unknown, are contraband and must be summarily forfeited. | |
| 6333 | - | 195.31 (b) Species of plants from which controlled substances in Schedules I and II may be | |
| 6334 | - | 195.32derived that have been planted or cultivated in violation of chapter 152 or of which the | |
| 6335 | - | 195Article 4 Sec. 22. | |
| 6336 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 196.1owners or cultivators are unknown, or that are wild growths, may be seized and summarily | |
| 6337 | - | 196.2forfeited to the state. The appropriate agency or its authorized agent may seize the plants if | |
| 6338 | - | 196.3the person in occupancy or in control of land or premises where the plants are growing or | |
| 6339 | - | 196.4being stored fails to produce an appropriate registration or proof that the person is the holder | |
| 6340 | - | 196.5of appropriate registration. | |
| 6341 | - | 196.6 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6342 | - | 196.7committed on or after that date. | |
| 6343 | - | 196.8Sec. 23. DWI CONTROLLED SUBSTANCE ROADSIDE TESTING INSTRUMENT | |
| 6344 | - | 196.9PILOT PROJECT; REPORT REQUIRED. | |
| 6345 | - | 196.10 (a) The commissioner of public safety must design, plan, and implement a pilot project | |
| 6346 | - | 196.11to study oral fluid roadside testing instruments to determine the presence of a controlled | |
| 6347 | - | 196.12substance or intoxicating substance in individuals stopped or arrested for driving while | |
| 6348 | - | 196.13impaired offenses. The pilot project must determine the practicality, accuracy, and efficacy | |
| 6349 | - | 196.14of these testing instruments and determine and make recommendations on the best instrument | |
| 6350 | - | 196.15or instruments to pursue in the future. | |
| 6351 | - | 196.16 (b) The pilot project must begin on September 1, 2023, and continue until August 31, | |
| 6352 | - | 196.172024. | |
| 6353 | - | 196.18 (c) The commissioner must consult with law enforcement officials, prosecutors, criminal | |
| 6354 | - | 196.19defense attorneys, and other interested and knowledgeable parties when designing, | |
| 6355 | - | 196.20implementing, and evaluating the pilot project. | |
| 6356 | - | 196.21 (d) All oral fluid samples obtained for the purpose of this pilot project must be obtained | |
| 6357 | - | 196.22by a certified drug recognition evaluator and may only be collected with the express voluntary | |
| 6358 | - | 196.23consent of the person stopped or arrested for suspicion of driving while impaired. Results | |
| 6359 | - | 196.24of tests conducted under the pilot project are to be used for the purpose of analyzing the | |
| 6360 | - | 196.25practicality, accuracy, and efficacy of the instrument. Results may not be used to decide | |
| 6361 | - | 196.26whether an arrest should be made and are not admissible in any legal proceeding. | |
| 6362 | - | 196.27 (e) By February 1, 2025, the commissioner must report to the chairs and ranking minority | |
| 6363 | - | 196.28members of the legislative committees with jurisdiction over public safety on the results of | |
| 6364 | - | 196.29the pilot project. At a minimum, the report must include information on how accurate the | |
| 6365 | - | 196.30instruments were when tested against laboratory results, how often participants were found | |
| 6366 | - | 196.31to have controlled substances or intoxicating substances in their systems, how often there | |
| 6367 | - | 196.32was commingling of controlled substances or intoxicating substances with alcohol, the types | |
| 6368 | - | 196.33of controlled substances or intoxicating substances found in participants' systems and which | |
| 6369 | - | 196Article 4 Sec. 23. | |
| 6370 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 197.1types were most common, and the number of participants in the project. In addition, the | |
| 6371 | - | 197.2report must assess the practicality and reliability of using the instruments in the field and | |
| 6372 | - | 197.3make recommendations on continuing the project permanently. | |
| 6373 | - | 197.4 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 6374 | - | 197.5 ARTICLE 5 | |
| 6375 | - | 197.6 EXPUNGEMENT | |
| 6376 | - | 197.7Section 1. Minnesota Statutes 2022, section 152.18, subdivision 1, is amended to read: | |
| 6377 | - | 197.8 Subdivision 1.Deferring prosecution for certain first time drug offenders.(a) A | |
| 6378 | - | 197.9court may defer prosecution as provided in paragraph (c) for any person found guilty, after | |
| 6379 | - | 197.10trial or upon a plea of guilty, of a violation of section 152.023, subdivision 2, 152.024, | |
| 6380 | - | 197.11subdivision 2, 152.025, subdivision 2, or 152.027, subdivision 2, 3, 4, or 6, paragraph (d), | |
| 6381 | - | 197.12for possession of a controlled substance, who: | |
| 6382 | - | 197.13 (1) has not previously participated in or completed a diversion program authorized under | |
| 6383 | - | 197.14section 401.065; | |
| 6384 | - | 197.15 (2) has not previously been placed on probation without a judgment of guilty and | |
| 6385 | - | 197.16thereafter been discharged from probation under this section; and | |
| 6386 | - | 197.17 (3) has not been convicted of a felony violation of this chapter, including a felony-level | |
| 6387 | - | 197.18attempt or conspiracy, or been convicted by the United States or another state of a similar | |
| 6388 | - | 197.19offense that would have been a felony under this chapter if committed in Minnesota, unless | |
| 6389 | - | 197.20ten years have elapsed since discharge from sentence. | |
| 6390 | - | 197.21 (b) The court must defer prosecution as provided in paragraph (c) for any person found | |
| 6391 | - | 197.22guilty of a violation of section 152.025, subdivision 2, who: | |
| 6392 | - | 197.23 (1) meets the criteria listed in paragraph (a), clauses (1) to (3); and | |
| 6393 | - | 197.24 (2) has not previously been convicted of a felony offense under any state or federal law | |
| 6394 | - | 197.25or of a gross misdemeanor under section 152.025. | |
| 6395 | - | 197.26 (c) In granting relief under this section, the court shall, without entering a judgment of | |
| 6396 | - | 197.27guilty and with the consent of the person, defer further proceedings and place the person | |
| 6397 | - | 197.28on probation upon such reasonable conditions as it may require and for a period, not to | |
| 6398 | - | 197.29exceed the maximum sentence provided for the violation. The court may give the person | |
| 6399 | - | 197.30the opportunity to attend and participate in an appropriate program of education regarding | |
| 6400 | - | 197.31the nature and effects of alcohol and drug abuse as a stipulation of probation. Upon violation | |
| 6401 | - | 197.32of a condition of the probation, the court may enter an adjudication of guilt and proceed as | |
| 6402 | - | 197Article 5 Section 1. | |
| 6403 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 198.1otherwise provided. The court may, in its discretion, dismiss the proceedings against the | |
| 6404 | - | 198.2person and discharge the person from probation before the expiration of the maximum | |
| 6405 | - | 198.3period prescribed for the person's probation. If during the period of probation the person | |
| 6406 | - | 198.4does not violate any of the conditions of the probation, then upon expiration of the period | |
| 6407 | - | 198.5the court shall discharge the person and dismiss the proceedings against that person. | |
| 6408 | - | 198.6Discharge and dismissal under this subdivision shall be without court adjudication of guilt, | |
| 6409 | - | 198.7but a not public record of it shall be retained by the Bureau of Criminal Apprehension for | |
| 6410 | - | 198.8the purpose of use by the courts in determining the merits of subsequent proceedings against | |
| 6411 | - | 198.9the person. The not public record may also be opened only upon court order for purposes | |
| 6412 | - | 198.10of a criminal investigation, prosecution, or sentencing. Upon receiving notice that the | |
| 6413 | - | 198.11proceedings were dismissed, the Bureau of Criminal Apprehension shall notify the arresting | |
| 6414 | - | 198.12or citing law enforcement agency and direct that agency to seal the agency's records related | |
| 6415 | - | 198.13to the dismissed charge. Upon request by law enforcement, prosecution, or corrections | |
| 6416 | - | 198.14authorities, the bureau shall notify the requesting party of the existence of the not public | |
| 6417 | - | 198.15record and the right to seek a court order to open it pursuant to this section. The court shall | |
| 6418 | - | 198.16forward a record of any discharge and dismissal under this subdivision to the bureau which | |
| 6419 | - | 198.17shall make and maintain the not public record of it as provided under this subdivision. The | |
| 6420 | - | 198.18discharge or dismissal shall not be deemed a conviction for purposes of disqualifications | |
| 6421 | - | 198.19or disabilities imposed by law upon conviction of a crime or for any other purpose. | |
| 6422 | - | 198.20 For purposes of this subdivision, "not public" has the meaning given in section 13.02, | |
| 6423 | - | 198.21subdivision 8a. | |
| 6424 | - | 198.22Sec. 2. Minnesota Statutes 2022, section 609A.01, is amended to read: | |
| 6425 | - | 198.23 609A.01 EXPUNGEMENT OF CRIMINAL RECORDS. | |
| 6426 | - | 198.24 This chapter provides the grounds and procedures for expungement of criminal records | |
| 6427 | - | 198.25under section 13.82; 152.18, subdivision 1; 299C.11, where a petition is authorized under | |
| 6428 | - | 198.26section 609A.02, subdivision 3; expungement is automatic under section 609A.05; | |
| 6429 | - | 198.27expungement is considered by a panel under section 609A.06; or other applicable law. The | |
| 6430 | - | 198.28remedy available is limited to a court order sealing the records and prohibiting the disclosure | |
| 6431 | - | 198.29of their existence or their opening except under court order or statutory authority. Nothing | |
| 6432 | - | 198.30in this chapter authorizes the destruction of records or their return to the subject of the | |
| 6433 | - | 198.31records. | |
| 6434 | - | 198.32 EFFECTIVE DATE.This section is effective January 1, 2025. | |
| 6435 | - | 198Article 5 Sec. 2. | |
| 6436 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 199.1Sec. 3. Minnesota Statutes 2022, section 609A.03, subdivision 5, is amended to read: | |
| 6437 | - | 199.2 Subd. 5.Nature of remedy; standard.(a) Except as otherwise provided by paragraph | |
| 6438 | - | 199.3(b), expungement of a criminal record under this section is an extraordinary remedy to be | |
| 6439 | - | 199.4granted only upon clear and convincing evidence that it would yield a benefit to the petitioner | |
| 6440 | - | 199.5commensurate with the disadvantages to the public and public safety of: | |
| 6441 | - | 199.6 (1) sealing the record; and | |
| 6442 | - | 199.7 (2) burdening the court and public authorities to issue, enforce, and monitor an | |
| 6443 | - | 199.8expungement order. | |
| 6444 | - | 199.9 (b) Except as otherwise provided by this paragraph, if the petitioner is petitioning for | |
| 6445 | - | 199.10the sealing of a criminal record under section 609A.02, subdivision 3, paragraph (a), clause | |
| 6446 | - | 199.11(1) or (2), the court shall grant the petition to seal the record unless the agency or jurisdiction | |
| 6447 | - | 199.12whose records would be affected establishes by clear and convincing evidence that the | |
| 6448 | - | 199.13interests of the public and public safety outweigh the disadvantages to the petitioner of not | |
| 6449 | - | 199.14sealing the record. | |
| 6450 | - | 199.15 (c) In making a determination under this subdivision, the court shall consider: | |
| 6451 | - | 199.16 (1) the nature and severity of the underlying crime, the record of which would be sealed; | |
| 6452 | - | 199.17 (2) the risk, if any, the petitioner poses to individuals or society; | |
| 6453 | - | 199.18 (3) the length of time since the crime occurred; | |
| 6454 | - | 199.19 (4) the steps taken by the petitioner toward rehabilitation following the crime; | |
| 6455 | - | 199.20 (5) aggravating or mitigating factors relating to the underlying crime, including the | |
| 6456 | - | 199.21petitioner's level of participation and context and circumstances of the underlying crime; | |
| 6457 | - | 199.22 (6) the reasons for the expungement, including the petitioner's attempts to obtain | |
| 6458 | - | 199.23employment, housing, or other necessities; | |
| 6459 | - | 199.24 (7) the petitioner's criminal record; | |
| 6460 | - | 199.25 (8) the petitioner's record of employment and community involvement; | |
| 6461 | - | 199.26 (9) the recommendations of interested law enforcement, prosecutorial, and corrections | |
| 6462 | - | 199.27officials; | |
| 6463 | - | 199.28 (10) the recommendations of victims or whether victims of the underlying crime were | |
| 6464 | - | 199.29minors; | |
| 6465 | - | 199Article 5 Sec. 3. | |
| 6466 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 200.1 (11) the amount, if any, of restitution outstanding, past efforts made by the petitioner | |
| 6467 | - | 200.2toward payment, and the measures in place to help ensure completion of restitution payment | |
| 6468 | - | 200.3after expungement of the record if granted; and | |
| 6469 | - | 200.4 (12) other factors deemed relevant by the court. | |
| 6470 | - | 200.5 (d) Notwithstanding section 13.82, 13.87, or any other law to the contrary, if the court | |
| 6471 | - | 200.6issues an expungement order it may require that the criminal record be sealed, the existence | |
| 6472 | - | 200.7of the record not be revealed, and the record not be opened except as required under | |
| 6473 | - | 200.8subdivision 7. Records must not be destroyed or returned to the subject of the record. | |
| 6474 | - | 200.9 (e) Information relating to a criminal history record of an employee, former employee, | |
| 6475 | - | 200.10or tenant that has been expunged before the occurrence of the act giving rise to the civil | |
| 6476 | - | 200.11action may not be introduced as evidence in a civil action against a private employer or | |
| 6477 | - | 200.12landlord or its employees or agents that is based on the conduct of the employee, former | |
| 6478 | - | 200.13employee, or tenant. | |
| 6479 | - | 200.14 EFFECTIVE DATE.This section is effective January 1, 2025, and applies to crimes | |
| 6480 | - | 200.15committed on or after that date. | |
| 6481 | - | 200.16Sec. 4. Minnesota Statutes 2022, section 609A.03, subdivision 9, is amended to read: | |
| 6482 | - | 200.17 Subd. 9.Stay of order; appeal.An expungement order issued under this section shall | |
| 6483 | - | 200.18be stayed automatically for 60 days after the order is filed and, if the order is appealed, | |
| 6484 | - | 200.19during the appeal period. A person or an agency or jurisdiction whose records would be | |
| 6485 | - | 200.20affected by the order may appeal the order within 60 days of service of notice of filing of | |
| 6486 | - | 200.21the order. An agency or jurisdiction or its officials or employees need not file a cost bond | |
| 6487 | - | 200.22or supersedeas bond in order to further stay the proceedings or file an appeal. | |
| 6488 | - | 200.23 EFFECTIVE DATE.This section is effective January 1, 2025. | |
| 6489 | - | 200.24Sec. 5. [609A.05] AUTOMATIC EXPUNGEMENT OF CERTAIN CANNABIS | |
| 6490 | - | 200.25OFFENSES. | |
| 6491 | - | 200.26 Subdivision 1.Eligibility; dismissal, exoneration, or conviction of nonfelony cannabis | |
| 6492 | - | 200.27offenses.(a) A person is eligible for expungement: | |
| 6493 | - | 200.28 (1) upon the dismissal and discharge of proceedings against a person under section | |
| 6494 | - | 200.29152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027 for possession | |
| 6495 | - | 200.30of marijuana or tetrahydrocannabinols; | |
| 6496 | - | 200Article 5 Sec. 5. | |
| 6497 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 201.1 (2) if the person was convicted of or received a stayed sentence for a violation of section | |
| 6498 | - | 201.2152.027, subdivision 3 or 4; | |
| 6499 | - | 201.3 (3) if the person was arrested for possession of marijuana or tetrahydrocannabinols and | |
| 6500 | - | 201.4all charges were dismissed after a case was filed, unless the dismissal was based on a finding | |
| 6501 | - | 201.5that the defendant was incompetent to proceed; or | |
| 6502 | - | 201.6 (4) if all pending actions or proceedings involving the possession of marijuana or | |
| 6503 | - | 201.7tetrahydrocannabinols were resolved in favor of the person. | |
| 6504 | - | 201.8 (b) For purposes of this section: | |
| 6505 | - | 201.9 (1) a verdict of not guilty by reason of mental illness is not a resolution in favor of the | |
| 6506 | - | 201.10person; and | |
| 6507 | - | 201.11 (2) an action or proceeding is resolved in favor of the person if the person received an | |
| 6508 | - | 201.12order under section 590.11 determining that the person is eligible for compensation based | |
| 6509 | - | 201.13on exoneration. | |
| 6510 | - | 201.14 Subd. 2.Bureau of Criminal Apprehension to identify eligible individuals.(a) The | |
| 6511 | - | 201.15Bureau of Criminal Apprehension shall identify bureau records that qualify for expungement | |
| 6512 | - | 201.16pursuant to subdivision 1. | |
| 6513 | - | 201.17 (b) The Bureau of Criminal Apprehension shall notify the judicial branch of: | |
| 6514 | - | 201.18 (1) the name and date of birth of each person whose case is eligible for an order of | |
| 6515 | - | 201.19expungement; and | |
| 6516 | - | 201.20 (2) the court file number of the eligible case. | |
| 6517 | - | 201.21 Subd. 3.Expungement relief; notification requirements.(a) The Bureau of Criminal | |
| 6518 | - | 201.22Apprehension shall grant expungement relief to each qualifying person and seal the bureau's | |
| 6519 | - | 201.23records without requiring an application, petition, or motion. The bureau shall seal records | |
| 6520 | - | 201.24related to an expungement within 60 days after the bureau sent notice of the expungement | |
| 6521 | - | 201.25to the judicial branch pursuant to subdivision 2, paragraph (b), unless an order of the judicial | |
| 6522 | - | 201.26branch prohibits sealing the records or additional information establishes that the records | |
| 6523 | - | 201.27are not eligible for expungement. | |
| 6524 | - | 201.28 (b) Nonpublic criminal records maintained by the bureau and subject to a grant of | |
| 6525 | - | 201.29expungement relief must display a notation stating "expungement relief granted pursuant | |
| 6526 | - | 201.30to section 609A.05." | |
| 6527 | - | 201.31 (c) The bureau shall inform the judicial branch of all cases that are granted expungement | |
| 6528 | - | 201.32relief pursuant to this section. The bureau may notify the judicial branch using electronic | |
| 6529 | - | 201Article 5 Sec. 5. | |
| 6530 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 202.1means and may notify the judicial branch immediately or in a monthly report. Upon receiving | |
| 6531 | - | 202.2notice of an expungement, the judicial branch shall seal all related records, including records | |
| 6532 | - | 202.3of the person's arrest, indictment, trial, verdict, and dismissal or discharge of the case. Upon | |
| 6533 | - | 202.4receiving notice of an expungement, the judicial branch shall issue any order necessary to | |
| 6534 | - | 202.5seal related records. | |
| 6535 | - | 202.6 (d) The bureau shall inform each arresting or citing law enforcement agency or | |
| 6536 | - | 202.7prosecutorial office with records affected by the grant of expungement relief issued pursuant | |
| 6537 | - | 202.8to paragraph (a) that expungement has been granted. The bureau shall notify each agency | |
| 6538 | - | 202.9or office of an expungement within 60 days after the bureau sent notice of the expungement | |
| 6539 | - | 202.10to the judicial branch. The bureau may notify each agency or office using electronic means. | |
| 6540 | - | 202.11Upon receiving notification of an expungement, an agency or office shall seal all records | |
| 6541 | - | 202.12related to the expungement, including the records of the person's arrest, indictment, trial, | |
| 6542 | - | 202.13verdict, and dismissal or discharge of the case. Notice must also clearly state that persons | |
| 6543 | - | 202.14who are noncitizens may need copies of these records for immigration purposes, explain | |
| 6544 | - | 202.15how they can obtain these copies after expungement or other granted relief, and state that | |
| 6545 | - | 202.16a noncitizen should consult with an immigration attorney. | |
| 6546 | - | 202.17 (e) Data on a person whose offense has been expunged under this subdivision, including | |
| 6547 | - | 202.18any notice sent pursuant to paragraph (d), are private data on individuals as defined in section | |
| 6548 | - | 202.1913.02, subdivision 12. | |
| 6549 | - | 202.20 (f) In any subsequent prosecution of a person with a prior expunged criminal record, a | |
| 6550 | - | 202.21prosecutor may include the person's expunged criminal record in a complaint or other | |
| 6551 | - | 202.22charging document if permitted by applicable law and the rules of criminal procedure. | |
| 6552 | - | 202.23 (g) The subject whose record qualifies for expungement shall be given access to copies | |
| 6553 | - | 202.24of the records of arrest, conviction, or incarceration for any purposes, including immigration | |
| 6554 | - | 202.25purposes. | |
| 6555 | - | 202.26 (h) Relief granted under this subdivision shall not impact the ability of a petitioner to | |
| 6556 | - | 202.27file for relief under section 590.01. | |
| 6557 | - | 202.28 EFFECTIVE DATE.This section is effective January 1, 2025. | |
| 6558 | - | 202.29Sec. 6. [609A.06] EXPUNGEMENT AND RESENTENCING OF FELONY | |
| 6559 | - | 202.30CANNABIS OFFENSES. | |
| 6560 | - | 202.31 Subdivision 1.Cannabis Expungement Board.(a) The Cannabis Expungement Board | |
| 6561 | - | 202.32is created with the powers and duties established by law. | |
| 6562 | - | 202.33 (b) The Cannabis Expungement Board is composed of the following members: | |
| 5380 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 165.1Minnesota or in any manner acquires or possesses more than 42-1/2 grams of marijuana | |
| 5381 | + | 165.2illegal cannabis, or seven or more grams of any controlled substance, or ten or more dosage | |
| 5382 | + | 165.3units of any controlled substance which is not sold by weight. A quantity of marijuana illegal | |
| 5383 | + | 165.4cannabis or other controlled substance is measured by the weight of the substance whether | |
| 5384 | + | 165.5pure or impure or dilute, or by dosage units when the substance is not sold by weight, in | |
| 5385 | + | 165.6the tax obligor's possession. A quantity of a controlled substance is dilute if it consists of a | |
| 5386 | + | 165.7detectable quantity of pure controlled substance and any excipients or fillers. | |
| 5387 | + | 165.8 Subd. 4.Commissioner."Commissioner" means the commissioner of revenue. | |
| 5388 | + | 165.9 EFFECTIVE DATE.This section is effective January 1, 2025. | |
| 5389 | + | 165.10Sec. 14. Minnesota Statutes 2022, section 297D.04, is amended to read: | |
| 5390 | + | 165.11 297D.04 TAX PAYMENT REQUIRED FOR POSSESSION. | |
| 5391 | + | 165.12 No tax obligor may possess any marijuana illegal cannabis or controlled substance upon | |
| 5392 | + | 165.13which a tax is imposed by section 297D.08 unless the tax has been paid on the marijuana | |
| 5393 | + | 165.14illegal cannabis or other a controlled substance as evidenced by a stamp or other official | |
| 5394 | + | 165.15indicia. | |
| 5395 | + | 165.16 EFFECTIVE DATE.This section is effective January 1, 2025. | |
| 5396 | + | 165.17Sec. 15. Minnesota Statutes 2022, section 297D.06, is amended to read: | |
| 5397 | + | 165.18 297D.06 PHARMACEUTICALS. | |
| 5398 | + | 165.19 Nothing in this chapter requires persons registered under chapter 151 or otherwise | |
| 5399 | + | 165.20lawfully in possession of marijuana illegal cannabis or a controlled substance to pay the tax | |
| 5400 | + | 165.21required under this chapter. | |
| 5401 | + | 165.22 EFFECTIVE DATE.This section is effective January 1, 2025. | |
| 5402 | + | 165.23Sec. 16. Minnesota Statutes 2022, section 297D.07, is amended to read: | |
| 5403 | + | 165.24 297D.07 MEASUREMENT . | |
| 5404 | + | 165.25 For the purpose of calculating the tax under section 297D.08, a quantity of marijuana | |
| 5405 | + | 165.26illegal cannabis or other a controlled substance is measured by the weight of the substance | |
| 5406 | + | 165.27whether pure or impure or dilute, or by dosage units when the substance is not sold by | |
| 5407 | + | 165.28weight, in the tax obligor's possession. A quantity of a controlled substance is dilute if it | |
| 5408 | + | 165.29consists of a detectable quantity of pure controlled substance and any excipients or fillers. | |
| 5409 | + | 165.30 EFFECTIVE DATE.This section is effective January 1, 2025. | |
| 5410 | + | 165Article 2 Sec. 16. | |
| 5411 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 166.1Sec. 17. Minnesota Statutes 2022, section 297D.08, is amended to read: | |
| 5412 | + | 166.2 297D.08 TAX RATE. | |
| 5413 | + | 166.3 A tax is imposed on marijuana illegal cannabis and controlled substances as defined in | |
| 5414 | + | 166.4section 297D.01 at the following rates: | |
| 5415 | + | 166.5 (1) on each gram of marijuana illegal cannabis, or each portion of a gram, $3.50; and | |
| 5416 | + | 166.6 (2) on each gram of controlled substance, or portion of a gram, $200; or | |
| 5417 | + | 166.7 (3) on each ten dosage units of a controlled substance that is not sold by weight, or | |
| 5418 | + | 166.8portion thereof, $400. | |
| 5419 | + | 166.9 EFFECTIVE DATE.This section is effective January 1, 2025. | |
| 5420 | + | 166.10Sec. 18. Minnesota Statutes 2022, section 297D.085, is amended to read: | |
| 5421 | + | 166.11 297D.085 CREDIT FOR PREVIOUSLY PAID TAXES. | |
| 5422 | + | 166.12 If another state or local unit of government has previously assessed an excise tax on the | |
| 5423 | + | 166.13marijuana illegal cannabis or controlled substances, the taxpayer must pay the difference | |
| 5424 | + | 166.14between the tax due under section 297D.08 and the tax previously paid. If the tax previously | |
| 5425 | + | 166.15paid to the other state or local unit of government was equal to or greater than the tax due | |
| 5426 | + | 166.16under section 297D.08, no tax is due. The burden is on the taxpayer to show that an excise | |
| 5427 | + | 166.17tax on the marijuana illegal cannabis or controlled substances has been paid to another state | |
| 5428 | + | 166.18or local unit of government. | |
| 5429 | + | 166.19 EFFECTIVE DATE.This section is effective January 1, 2025. | |
| 5430 | + | 166.20Sec. 19. Minnesota Statutes 2022, section 297D.09, subdivision 1a, is amended to read: | |
| 5431 | + | 166.21 Subd. 1a.Criminal penalty; sale without affixed stamps.In addition to the tax penalty | |
| 5432 | + | 166.22imposed, a tax obligor distributing or possessing marijuana illegal cannabis or controlled | |
| 5433 | + | 166.23substances without affixing the appropriate stamps, labels, or other indicia is guilty of a | |
| 5434 | + | 166.24crime and, upon conviction, may be sentenced to imprisonment for not more than seven | |
| 5435 | + | 166.25years or to payment of a fine of not more than $14,000, or both. | |
| 5436 | + | 166.26 EFFECTIVE DATE.This section is effective January 1, 2025. | |
| 5437 | + | 166Article 2 Sec. 19. | |
| 5438 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 167.1Sec. 20. Minnesota Statutes 2022, section 297D.10, is amended to read: | |
| 5439 | + | 167.2 297D.10 STAMP PRICE. | |
| 5440 | + | 167.3 Official stamps, labels, or other indicia to be affixed to all marijuana illegal cannabis or | |
| 5441 | + | 167.4controlled substances shall be purchased from the commissioner. The purchaser shall pay | |
| 5442 | + | 167.5100 percent of face value for each stamp, label, or other indicia at the time of the purchase. | |
| 5443 | + | 167.6 EFFECTIVE DATE.This section is effective January 1, 2025. | |
| 5444 | + | 167.7Sec. 21. Minnesota Statutes 2022, section 297D.11, is amended to read: | |
| 5445 | + | 167.8 297D.11 PAYMENT DUE. | |
| 5446 | + | 167.9 Subdivision 1.Stamps affixed.When a tax obligor purchases, acquires, transports, or | |
| 5447 | + | 167.10imports into this state marijuana illegal cannabis or controlled substances on which a tax is | |
| 5448 | + | 167.11imposed by section 297D.08, and if the indicia evidencing the payment of the tax have not | |
| 5449 | + | 167.12already been affixed, the tax obligor shall have them permanently affixed on the marijuana | |
| 5450 | + | 167.13illegal cannabis or controlled substance immediately after receiving the substance. Each | |
| 5451 | + | 167.14stamp or other official indicia may be used only once. | |
| 5452 | + | 167.15 Subd. 2.Payable on possession.Taxes imposed upon marijuana illegal cannabis or | |
| 5453 | + | 167.16controlled substances by this chapter are due and payable immediately upon acquisition or | |
| 5454 | + | 167.17possession in this state by a tax obligor. | |
| 5455 | + | 167.18 EFFECTIVE DATE.This section is effective January 1, 2025. | |
| 5456 | + | 167.19 ARTICLE 3 | |
| 5457 | + | 167.20 BUSINESS DEVELOPMENT | |
| 5458 | + | 167.21Section 1. [116J.659] CANNABIS INDUSTRY STARTUP FINANCING GRANTS. | |
| 5459 | + | 167.22 Subdivision 1.Establishment.The commissioner of employment and economic | |
| 5460 | + | 167.23development shall establish CanStartup, a program to award grants to nonprofit corporations | |
| 5461 | + | 167.24to fund loans to new businesses in the legal cannabis industry and to support job creation | |
| 5462 | + | 167.25in communities where long-term residents are eligible to be social equity applicants. | |
| 5463 | + | 167.26 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the | |
| 5464 | + | 167.27meanings given. | |
| 5465 | + | 167.28 (b) "Commissioner" means the commissioner of employment and economic development. | |
| 5466 | + | 167.29 (c) "Industry" means the legal cannabis industry in the state of Minnesota. | |
| 5467 | + | 167Article 3 Section 1. | |
| 5468 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 168.1 (d) "New business" means a legal cannabis business that has been in existence for three | |
| 5469 | + | 168.2years or less. | |
| 5470 | + | 168.3 (e) "Program" means the CanStartup grant program. | |
| 5471 | + | 168.4 (f) "Social equity applicant" means a person who meets the qualification requirements | |
| 5472 | + | 168.5in section 342.15. | |
| 5473 | + | 168.6 Subd. 3.Grants.(a) The commissioner shall establish a revolving loan account to make | |
| 5474 | + | 168.7grants under the CanStartup program. | |
| 5475 | + | 168.8 (b) The commissioner must award grants to nonprofit corporations through a competitive | |
| 5476 | + | 168.9grant process. | |
| 5477 | + | 168.10 (c) To receive grant money, a nonprofit corporation must submit a written application | |
| 5478 | + | 168.11to the commissioner using a form developed by the commissioner. | |
| 5479 | + | 168.12 (d) In awarding grants under this subdivision, the commissioner shall give weight to | |
| 5480 | + | 168.13whether the nonprofit corporation: | |
| 5481 | + | 168.14 (1) has a board of directors that includes citizens experienced in business and community | |
| 5482 | + | 168.15development, new business enterprises, and creating jobs for people facing barriers to | |
| 5483 | + | 168.16education or employment; | |
| 5484 | + | 168.17 (2) has the technical skills to analyze projects; | |
| 5485 | + | 168.18 (3) is familiar with other available public and private funding sources and economic | |
| 5486 | + | 168.19development programs; | |
| 5487 | + | 168.20 (4) can initiate and implement economic development projects; | |
| 5488 | + | 168.21 (5) can establish and administer a revolving loan account; | |
| 5489 | + | 168.22 (6) can work with job referral networks that assist people facing barriers to education | |
| 5490 | + | 168.23or employment; and | |
| 5491 | + | 168.24 (7) has established relationships with communities where long-term residents are eligible | |
| 5492 | + | 168.25to be social equity applicants. | |
| 5493 | + | 168.26The commissioner shall make grants that will assist a broad range of businesses in the legal | |
| 5494 | + | 168.27cannabis industry, including the processing and retail sectors. | |
| 5495 | + | 168.28 (e) A nonprofit corporation that receives a grant under the program must: | |
| 5496 | + | 168.29 (1) establish a commissioner-certified revolving loan account for the purpose of making | |
| 5497 | + | 168.30eligible loans; and | |
| 5498 | + | 168Article 3 Section 1. | |
| 5499 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 169.1 (2) enter into an agreement with the commissioner that the commissioner shall fund | |
| 5500 | + | 169.2loans that the nonprofit corporation makes to new businesses in the legal cannabis industry. | |
| 5501 | + | 169.3The commissioner shall review existing agreements with nonprofit corporations every five | |
| 5502 | + | 169.4years and may renew or terminate an agreement based on that review. In making this review, | |
| 5503 | + | 169.5the commissioner shall consider, among other criteria, the criteria in paragraph (d). | |
| 5504 | + | 169.6 Subd. 4.Loans to businesses.(a) The criteria in this subdivision apply to loans made | |
| 5505 | + | 169.7by nonprofit corporations under the program. | |
| 5506 | + | 169.8 (b) Loans must be used to support a new business in the legal cannabis industry. Priority | |
| 5507 | + | 169.9must be given to loans to businesses owned by individuals who are eligible to be social | |
| 5508 | + | 169.10equity applicants and businesses located in communities where long-term residents are | |
| 5509 | + | 169.11eligible to be social equity applicants. | |
| 5510 | + | 169.12 (c) Loans must be made to businesses that are not likely to undertake the project for | |
| 5511 | + | 169.13which loans are sought without assistance from the program. | |
| 5512 | + | 169.14 (d) The minimum state contribution to a loan is $2,500 and the maximum is either: | |
| 5513 | + | 169.15 (1) $50,000; or | |
| 5514 | + | 169.16 (2) $150,000, if state contributions are matched by an equal or greater amount of new | |
| 5515 | + | 169.17private investment. | |
| 5516 | + | 169.18 (e) Loan applications given preliminary approval by the nonprofit corporation must be | |
| 5517 | + | 169.19forwarded to the commissioner for approval. The commissioner must give final approval | |
| 5518 | + | 169.20for each loan made by the nonprofit corporation under the program. | |
| 5519 | + | 169.21 (f) A business that receives a loan may apply to renew the loan. Renewal applications | |
| 5520 | + | 169.22must be made on an annual basis and a business may receive loans for up to six consecutive | |
| 5521 | + | 169.23years. A nonprofit corporation may renew a loan to a business that is no longer a new | |
| 5522 | + | 169.24business provided the business would otherwise qualify for an initial loan and is in good | |
| 5523 | + | 169.25standing with the nonprofit corporation and the commissioner. A nonprofit corporation may | |
| 5524 | + | 169.26adjust the amount of a renewed loan, or not renew a loan, if the nonprofit corporation | |
| 5525 | + | 169.27determines that the business is financially stable and is substantially likely to continue the | |
| 5526 | + | 169.28project for which the loan renewal is sought. | |
| 5527 | + | 169.29 (g) If a borrower has met lender criteria, including being current with all payments for | |
| 5528 | + | 169.30a minimum of three years, the commissioner may approve either full or partial forgiveness | |
| 5529 | + | 169.31of interest or principal amounts. | |
| 5530 | + | 169.32 Subd. 5.Revolving loan account administration.(a) The commissioner shall establish | |
| 5531 | + | 169.33a minimum interest rate for loans or guarantees to ensure that necessary loan administration | |
| 5532 | + | 169Article 3 Section 1. | |
| 5533 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 170.1costs are covered. The interest rate charged by a nonprofit corporation for a loan under this | |
| 5534 | + | 170.2section must not exceed the Wall Street Journal prime rate. For a loan under this section, | |
| 5535 | + | 170.3the nonprofit corporation may charge a loan origination fee equal to or less than one percent | |
| 5536 | + | 170.4of the loan value. The nonprofit corporation may retain the amount of the origination fee. | |
| 5537 | + | 170.5 (b) Loan repayment of principal must be paid to the commissioner for deposit in the | |
| 5538 | + | 170.6revolving loan account. Loan interest payments must be deposited in a revolving loan | |
| 5539 | + | 170.7account created by the nonprofit corporation originating the loan being repaid for further | |
| 5540 | + | 170.8distribution or use, consistent with the criteria of this section. | |
| 5541 | + | 170.9 (c) Administrative expenses of the nonprofit corporations with whom the commissioner | |
| 5542 | + | 170.10enters into agreements, including expenses incurred by a nonprofit corporation in providing | |
| 5543 | + | 170.11financial, technical, managerial, and marketing assistance to a business receiving a loan | |
| 5544 | + | 170.12under this section, are eligible program expenses the commissioner may agree to pay under | |
| 5545 | + | 170.13the grant agreement. | |
| 5546 | + | 170.14 Subd. 6.Program outreach.The commissioner shall make extensive efforts to publicize | |
| 5547 | + | 170.15this program, including through partnerships with community organizations, particularly | |
| 5548 | + | 170.16those organizations located in areas where long-term residents are eligible to be social equity | |
| 5549 | + | 170.17applicants. | |
| 5550 | + | 170.18 Subd. 7.Reporting requirements.(a) A nonprofit corporation that receives a grant | |
| 5551 | + | 170.19shall: | |
| 5552 | + | 170.20 (1) submit an annual report to the commissioner by February 1 of each year that the | |
| 5553 | + | 170.21nonprofit corporation participates in the program that includes a description of businesses | |
| 5554 | + | 170.22supported by the grant program, an account of loans made during the calendar year, the | |
| 5555 | + | 170.23program's impact on business creation and job creation, particularly in communities where | |
| 5556 | + | 170.24long-term residents are eligible to be social equity applicants, the source and amount of | |
| 5557 | + | 170.25money collected and distributed by the program, the program's assets and liabilities, and an | |
| 5558 | + | 170.26explanation of administrative expenses; and | |
| 5559 | + | 170.27 (2) provide for an independent annual audit to be performed in accordance with generally | |
| 5560 | + | 170.28accepted accounting practices and auditing standards and submit a copy of each annual | |
| 5561 | + | 170.29audit report to the commissioner. | |
| 5562 | + | 170.30 (b) By March 1, 2024, and each March 1 thereafter, the commissioner must submit a | |
| 5563 | + | 170.31report to the chairs and ranking minority members of the committees of the house of | |
| 5564 | + | 170.32representatives and the senate having jurisdiction over economic development that details | |
| 5565 | + | 170.33awards given through the CanStartup program and the use of grant money, including any | |
| 5566 | + | 170.34measures of success toward financing new businesses in the legal cannabis industry and | |
| 5567 | + | 170Article 3 Section 1. | |
| 5568 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 171.1creating jobs in communities where long-term residents are eligible to be social equity | |
| 5569 | + | 171.2applicants. | |
| 5570 | + | 171.3Sec. 2. [116J.6595] CANNABIS INDUSTRY NAVIGATION GRANTS. | |
| 5571 | + | 171.4 Subdivision 1.Establishment.The commissioner of employment and economic | |
| 5572 | + | 171.5development shall establish CanNavigate, a program to award grants to eligible organizations | |
| 5573 | + | 171.6to help individuals navigate the regulatory structure of the legal cannabis industry. | |
| 5574 | + | 171.7 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the | |
| 5575 | + | 171.8meanings given. | |
| 5576 | + | 171.9 (b) "Commissioner" means the commissioner of employment and economic development. | |
| 5577 | + | 171.10 (c) "Eligible organization" means any organization capable of helping individuals navigate | |
| 5578 | + | 171.11the regulatory structure of the legal cannabis industry, particularly individuals facing barriers | |
| 5579 | + | 171.12to education or employment, and may include educational institutions, nonprofit | |
| 5580 | + | 171.13organizations, private businesses, community groups, units of local government, or | |
| 5581 | + | 171.14partnerships between different types of organizations. | |
| 5582 | + | 171.15 (d) "Industry" means the legal cannabis industry in the state of Minnesota. | |
| 5583 | + | 171.16 (e) "Program" means the CanNavigate grant program. | |
| 5584 | + | 171.17 (f) "Social equity applicant" means a person who meets the qualification requirements | |
| 5585 | + | 171.18in section 342.15. | |
| 5586 | + | 171.19 Subd. 3.Grants to organizations.(a) Grant money awarded to eligible organizations | |
| 5587 | + | 171.20may be used for both developing technical assistance resources relevant to the regulatory | |
| 5588 | + | 171.21structure of the legal cannabis industry and for providing technical assistance or navigation | |
| 5589 | + | 171.22services to individuals. | |
| 5590 | + | 171.23 (b) The commissioner must award grants to eligible organizations through a competitive | |
| 5591 | + | 171.24grant process. | |
| 5592 | + | 171.25 (c) To receive grant money, an eligible organization must submit a written application | |
| 5593 | + | 171.26to the commissioner, using a form developed by the commissioner, explaining the | |
| 5594 | + | 171.27organization's ability to assist individuals in navigating the regulatory structure of the legal | |
| 5595 | + | 171.28cannabis industry, particularly individuals facing barriers to education or employment. | |
| 5596 | + | 171.29 (d) An eligible organization's grant application must also include: | |
| 5597 | + | 171.30 (1) a description of the proposed technical assistance or navigation services, including | |
| 5598 | + | 171.31the types of individuals targeted for assistance; | |
| 5599 | + | 171Article 3 Sec. 2. | |
| 5600 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 172.1 (2) any evidence of the organization's past success in providing technical assistance or | |
| 5601 | + | 172.2navigation services to individuals, particularly individuals who live in areas where long-term | |
| 5602 | + | 172.3residents are eligible to be social equity applicants; | |
| 5603 | + | 172.4 (3) an estimate of the cost of providing the technical assistance; | |
| 5604 | + | 172.5 (4) the sources and amounts of any nonstate money or in-kind contributions that will | |
| 5605 | + | 172.6supplement grant money, including any amounts that individuals will be charged to receive | |
| 5606 | + | 172.7assistance; and | |
| 5607 | + | 172.8 (5) any additional information requested by the commissioner. | |
| 5608 | + | 172.9 (e) In awarding grants under this subdivision, the commissioner shall give weight to | |
| 5609 | + | 172.10applications from organizations that demonstrate a history of successful technical assistance | |
| 5610 | + | 172.11or navigation services, particularly for individuals facing barriers to education or employment. | |
| 5611 | + | 172.12The commissioner shall also give weight to applications where the proposed technical | |
| 5612 | + | 172.13assistance will serve areas where long-term residents are eligible to be social equity | |
| 5613 | + | 172.14applicants. To the extent practicable, the commissioner shall fund technical assistance for | |
| 5614 | + | 172.15a variety of sectors in the legal cannabis industry, including both processing and retail | |
| 5615 | + | 172.16sectors. | |
| 5616 | + | 172.17 Subd. 4.Program outreach.The commissioner shall make extensive efforts to publicize | |
| 5617 | + | 172.18these grants, including through partnerships with community organizations, particularly | |
| 5618 | + | 172.19those organizations located in areas where long-term residents are eligible to be social equity | |
| 5619 | + | 172.20applicants. | |
| 5620 | + | 172.21 Subd. 5.Reports to the legislature.By January 15, 2024, and each January 15 thereafter, | |
| 5621 | + | 172.22the commissioner must submit a report to the chairs and ranking minority members of the | |
| 5622 | + | 172.23committees of the house of representatives and the senate having jurisdiction over economic | |
| 5623 | + | 172.24development that details awards given through the CanNavigate program and the use of | |
| 5624 | + | 172.25grant money, including any measures of success toward helping individuals navigate the | |
| 5625 | + | 172.26regulatory structure of the legal cannabis industry. | |
| 5626 | + | 172.27Sec. 3. [116L.90] CANNABIS INDUSTRY TRAINING GRANTS. | |
| 5627 | + | 172.28 Subdivision 1.Establishment.The commissioner of employment and economic | |
| 5628 | + | 172.29development shall establish CanTrain, a program to award grants to (1) eligible organizations | |
| 5629 | + | 172.30to train people for work in the legal cannabis industry, and (2) eligible individuals to acquire | |
| 5630 | + | 172.31such training. | |
| 5631 | + | 172.32 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the | |
| 5632 | + | 172.33meanings given. | |
| 5633 | + | 172Article 3 Sec. 3. | |
| 5634 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 173.1 (b) "Commissioner" means the commissioner of employment and economic development. | |
| 5635 | + | 173.2 (c) "Eligible organization" means any organization capable of providing training relevant | |
| 5636 | + | 173.3to the legal cannabis industry, particularly for individuals facing barriers to education or | |
| 5637 | + | 173.4employment, and may include educational institutions, nonprofit organizations, private | |
| 5638 | + | 173.5businesses, community groups, units of local government, or partnerships between different | |
| 5639 | + | 173.6types of organizations. | |
| 5640 | + | 173.7 (d) "Eligible individual" means a Minnesota resident who is 21 years old or older. | |
| 5641 | + | 173.8 (e) "Industry" means the legal cannabis industry in Minnesota. | |
| 5642 | + | 173.9 (f) "Program" means the CanTrain grant program. | |
| 5643 | + | 173.10 (g) "Social equity applicant" means a person who meets the qualification requirements | |
| 5644 | + | 173.11in section 342.15. | |
| 5645 | + | 173.12 Subd. 3.Grants to organizations.(a) Grant money awarded to eligible organizations | |
| 5646 | + | 173.13may be used for both developing a training program relevant to the legal cannabis industry | |
| 5647 | + | 173.14and for providing such training to individuals. | |
| 5648 | + | 173.15 (b) The commissioner must award grants to eligible organizations through a competitive | |
| 5649 | + | 173.16grant process. | |
| 5650 | + | 173.17 (c) To receive grant money, an eligible organization must submit a written application | |
| 5651 | + | 173.18to the commissioner, using a form developed by the commissioner, explaining the | |
| 5652 | + | 173.19organization's ability to train individuals for successful careers in the legal cannabis industry, | |
| 5653 | + | 173.20particularly individuals facing barriers to education or employment. | |
| 5654 | + | 173.21 (d) An eligible organization's grant application must also include: | |
| 5655 | + | 173.22 (1) a description of the proposed training; | |
| 5656 | + | 173.23 (2) an analysis of the degree of demand in the legal cannabis industry for the skills gained | |
| 5657 | + | 173.24through the proposed training; | |
| 5658 | + | 173.25 (3) any evidence of the organization's past success in training individuals for successful | |
| 5659 | + | 173.26careers, particularly in new or emerging industries; | |
| 5660 | + | 173.27 (4) an estimate of the cost of providing the proposed training; | |
| 5661 | + | 173.28 (5) the sources and amounts of any nonstate funds or in-kind contributions that will | |
| 5662 | + | 173.29supplement grant money, including any amounts that individuals will be charged to | |
| 5663 | + | 173.30participate in the training; and | |
| 5664 | + | 173.31 (6) any additional information requested by the commissioner. | |
| 5665 | + | 173Article 3 Sec. 3. | |
| 5666 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 174.1 (e) In awarding grants under this subdivision, the commissioner shall give weight to | |
| 5667 | + | 174.2applications from organizations that demonstrate a history of successful career training, | |
| 5668 | + | 174.3particularly for individuals facing barriers to education or employment. The commissioner | |
| 5669 | + | 174.4shall also give weight to applications where the proposed training will: | |
| 5670 | + | 174.5 (1) result in an industry-relevant credential; or | |
| 5671 | + | 174.6 (2) include opportunities for hands-on or on-site experience in the industry. | |
| 5672 | + | 174.7The commissioner shall fund training for a broad range of careers in the legal cannabis | |
| 5673 | + | 174.8industry, including both potential business owners and employees and for work in the | |
| 5674 | + | 174.9growing, processing, and retail sectors of the legal cannabis industry. | |
| 5675 | + | 174.10 Subd. 4.Grants to individuals.(a) The commissioner shall award grants of $....... to | |
| 5676 | + | 174.11eligible individuals to pursue a training program relevant to a career in the legal cannabis | |
| 5677 | + | 174.12industry. | |
| 5678 | + | 174.13 (b) To receive grant money, an eligible individual must submit a written application to | |
| 5679 | + | 174.14the commissioner, using a form developed by the commissioner, identifying a training | |
| 5680 | + | 174.15program relevant to the legal cannabis industry and the estimated cost of completing that | |
| 5681 | + | 174.16training. The application must also indicate whether: | |
| 5682 | + | 174.17 (1) the applicant is eligible to be a social equity applicant; | |
| 5683 | + | 174.18 (2) the proposed training program results in an industry-relevant credential; and | |
| 5684 | + | 174.19 (3) the proposed training program includes opportunities for hands-on or on-site | |
| 5685 | + | 174.20experience in the industry. | |
| 5686 | + | 174.21The commissioner shall attempt to make the application process simple for individuals to | |
| 5687 | + | 174.22complete, such as by publishing lists of industry-relevant training programs along with the | |
| 5688 | + | 174.23training program's estimated cost of completing the training programs and whether the | |
| 5689 | + | 174.24training programs will result in an industry-relevant credential or include opportunities for | |
| 5690 | + | 174.25hands-on or on-site experience in the legal cannabis industry. | |
| 5691 | + | 174.26 (c) The commissioner must award grants to eligible individuals through a lottery process. | |
| 5692 | + | 174.27Applicants who have filed complete applications by the deadline set by the commissioner | |
| 5693 | + | 174.28shall receive one entry in the lottery, plus one additional entry for each of the following: | |
| 5694 | + | 174.29 (1) being eligible to be a social equity applicant; | |
| 5695 | + | 174.30 (2) seeking to enroll in a training program that results in an industry-relevant credential; | |
| 5696 | + | 174.31and | |
| 5697 | + | 174Article 3 Sec. 3. | |
| 5698 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 175.1 (3) seeking to enroll in a training program that includes opportunities for hands-on or | |
| 5699 | + | 175.2on-site experience in the industry. | |
| 5700 | + | 175.3 (d) Grant money awarded to eligible individuals shall be used to pay the costs of enrolling | |
| 5701 | + | 175.4in a training program relevant to the legal cannabis industry, including tuition, fees, and | |
| 5702 | + | 175.5materials costs. Grant money may also be used to remove external barriers to attending such | |
| 5703 | + | 175.6a training program, such as the cost of child care, transportation, or other expenses approved | |
| 5704 | + | 175.7by the commissioner. | |
| 5705 | + | 175.8 Subd. 5.Program outreach.The commissioner shall make extensive efforts to publicize | |
| 5706 | + | 175.9these grants, including through partnerships with community organizations, particularly | |
| 5707 | + | 175.10those organizations located in areas where long-term residents are eligible to be social equity | |
| 5708 | + | 175.11applicants. | |
| 5709 | + | 175.12 Subd. 6.Reports to the legislature.By January 15, 2024, and each January 15 thereafter, | |
| 5710 | + | 175.13the commissioner must submit a report to the chairs and ranking minority members of the | |
| 5711 | + | 175.14committees of the house of representatives and the senate having jurisdiction over workforce | |
| 5712 | + | 175.15development that describes awards given through the CanTrain program and the use of | |
| 5713 | + | 175.16grant money, including any measures of success toward training people for successful | |
| 5714 | + | 175.17careers in the legal cannabis industry. | |
| 5715 | + | 175.18 ARTICLE 4 | |
| 5716 | + | 175.19 CRIMINAL PENALTIES | |
| 5717 | + | 175.20Section 1. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision | |
| 5718 | + | 175.21to read: | |
| 5719 | + | 175.22 Subd. 25.Cannabinoid product."Cannabinoid product" has the meaning given in | |
| 5720 | + | 175.23section 342.01, subdivision 2. | |
| 5721 | + | 175.24Sec. 2. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to | |
| 5722 | + | 175.25read: | |
| 5723 | + | 175.26 Subd. 26.Cannabis concentrate."Cannabis concentrate" has the meaning given in | |
| 5724 | + | 175.27section 342.01, subdivision 3. | |
| 5725 | + | 175.28Sec. 3. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to | |
| 5726 | + | 175.29read: | |
| 5727 | + | 175.30 Subd. 27.Cannabis flower."Cannabis flower" has the meaning given in section 342.01, | |
| 5728 | + | 175.31subdivision 16. | |
| 5729 | + | 175Article 4 Sec. 3. | |
| 5730 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 176.1Sec. 4. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to | |
| 5731 | + | 176.2read: | |
| 5732 | + | 176.3 Subd. 28.Edible cannabinoid product."Edible cannabinoid product" has the meaning | |
| 5733 | + | 176.4given in section 342.01, subdivision 29. | |
| 5734 | + | 176.5Sec. 5. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to | |
| 5735 | + | 176.6read: | |
| 5736 | + | 176.7 Subd. 29.Cannabis plant."Cannabis plant" has the meaning given in section 342.01, | |
| 5737 | + | 176.8subdivision 19. | |
| 5738 | + | 176.9Sec. 6. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to | |
| 5739 | + | 176.10read: | |
| 5740 | + | 176.11 Subd. 30.Synthetically derived cannabinoid."Synthetically derived cannabinoid" has | |
| 5741 | + | 176.12the meaning given in section 342.01, subdivision 67. | |
| 5742 | + | 176.13Sec. 7. Minnesota Statutes 2022, section 152.021, subdivision 2, is amended to read: | |
| 5743 | + | 176.14 Subd. 2.Possession crimes.(a) A person is guilty of a controlled substance crime in | |
| 5744 | + | 176.15the first degree if: | |
| 5745 | + | 176.16 (1) the person unlawfully possesses one or more mixtures of a total weight of 50 grams | |
| 5746 | + | 176.17or more containing cocaine or methamphetamine; | |
| 5747 | + | 176.18 (2) the person unlawfully possesses one or more mixtures of a total weight of 25 grams | |
| 5748 | + | 176.19or more containing cocaine or methamphetamine and: | |
| 5749 | + | 176.20 (i) the person or an accomplice possesses on their person or within immediate reach, or | |
| 5750 | + | 176.21uses, whether by brandishing, displaying, threatening with, or otherwise employing, a | |
| 5751 | + | 176.22firearm; or | |
| 5752 | + | 176.23 (ii) the offense involves two aggravating factors; | |
| 5753 | + | 176.24 (3) the person unlawfully possesses one or more mixtures of a total weight of 25 grams | |
| 5754 | + | 176.25or more containing heroin; | |
| 5755 | + | 176.26 (4) the person unlawfully possesses one or more mixtures of a total weight of 500 grams | |
| 5756 | + | 176.27or more containing a narcotic drug other than cocaine, heroin, or methamphetamine; | |
| 5757 | + | 176.28 (5) the person unlawfully possesses one or more mixtures of a total weight of 500 grams | |
| 5758 | + | 176.29or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled | |
| 5759 | + | 176.30substance is packaged in dosage units, equaling 500 or more dosage units; or | |
| 5760 | + | 176Article 4 Sec. 7. | |
| 5761 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 177.1 (6) the person unlawfully possesses one or more mixtures of a total weight of 50 | |
| 5762 | + | 177.2kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 500 or | |
| 5763 | + | 177.3more marijuana plants. | |
| 5764 | + | 177.4 (b) For the purposes of this subdivision, the weight of fluid used in a water pipe may | |
| 5765 | + | 177.5not be considered in measuring the weight of a mixture except in cases where the mixture | |
| 5766 | + | 177.6contains four or more fluid ounces of fluid. | |
| 5767 | + | 177.7 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 5768 | + | 177.8committed on or after that date. | |
| 5769 | + | 177.9Sec. 8. Minnesota Statutes 2022, section 152.022, subdivision 1, is amended to read: | |
| 5770 | + | 177.10 Subdivision 1.Sale crimes.A person is guilty of controlled substance crime in the | |
| 5771 | + | 177.11second degree if: | |
| 5772 | + | 177.12 (1) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5773 | + | 177.13more mixtures of a total weight of ten grams or more containing a narcotic drug other than | |
| 5774 | + | 177.14heroin; | |
| 5775 | + | 177.15 (2) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5776 | + | 177.16more mixtures of a total weight of three grams or more containing cocaine or | |
| 5777 | + | 177.17methamphetamine and: | |
| 5778 | + | 177.18 (i) the person or an accomplice possesses on their person or within immediate reach, or | |
| 5779 | + | 177.19uses, whether by brandishing, displaying, threatening with, or otherwise employing, a | |
| 5780 | + | 177.20firearm; or | |
| 5781 | + | 177.21 (ii) the offense involves three aggravating factors; | |
| 5782 | + | 177.22 (3) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5783 | + | 177.23more mixtures of a total weight of three grams or more containing heroin; | |
| 5784 | + | 177.24 (4) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5785 | + | 177.25more mixtures of a total weight of ten grams or more containing amphetamine, phencyclidine, | |
| 5786 | + | 177.26or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 50 or | |
| 5787 | + | 177.27more dosage units; | |
| 5788 | + | 177.28 (5) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5789 | + | 177.29more mixtures of a total weight of ten kilograms or more containing marijuana or | |
| 5790 | + | 177.30Tetrahydrocannabinols; | |
| 5791 | + | 177Article 4 Sec. 8. | |
| 5792 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 178.1 (6) (5) the person unlawfully sells any amount of a Schedule I or II narcotic drug to a | |
| 5793 | + | 178.2person under the age of 18, or conspires with or employs a person under the age of 18 to | |
| 5794 | + | 178.3unlawfully sell the substance; or | |
| 5795 | + | 178.4 (7) (6) the person unlawfully sells any of the following in a school zone, a park zone, a | |
| 5796 | + | 178.5public housing zone, or a drug treatment facility: | |
| 5797 | + | 178.6 (i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD), | |
| 5798 | + | 178.73,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine; or | |
| 5799 | + | 178.8 (ii) one or more mixtures containing methamphetamine or amphetamine; or. | |
| 5800 | + | 178.9 (iii) one or more mixtures of a total weight of five kilograms or more containing marijuana | |
| 5801 | + | 178.10or Tetrahydrocannabinols. | |
| 5802 | + | 178.11 EFFECTIVE DATE.This section is effective January 1, 2024, and applies to crimes | |
| 5803 | + | 178.12committed on or after that date. | |
| 5804 | + | 178.13Sec. 9. Minnesota Statutes 2022, section 152.022, subdivision 2, is amended to read: | |
| 5805 | + | 178.14 Subd. 2.Possession crimes.(a) A person is guilty of controlled substance crime in the | |
| 5806 | + | 178.15second degree if: | |
| 5807 | + | 178.16 (1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams | |
| 5808 | + | 178.17or more containing cocaine or methamphetamine; | |
| 5809 | + | 178.18 (2) the person unlawfully possesses one or more mixtures of a total weight of ten grams | |
| 5810 | + | 178.19or more containing cocaine or methamphetamine and: | |
| 5811 | + | 178.20 (i) the person or an accomplice possesses on their person or within immediate reach, or | |
| 5812 | + | 178.21uses, whether by brandishing, displaying, threatening with, or otherwise employing, a | |
| 5813 | + | 178.22firearm; or | |
| 5814 | + | 178.23 (ii) the offense involves three aggravating factors; | |
| 5815 | + | 178.24 (3) the person unlawfully possesses one or more mixtures of a total weight of six grams | |
| 5816 | + | 178.25or more containing heroin; | |
| 5817 | + | 178.26 (4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams | |
| 5818 | + | 178.27or more containing a narcotic drug other than cocaine, heroin, or methamphetamine; | |
| 5819 | + | 178.28 (5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams | |
| 5820 | + | 178.29or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled | |
| 5821 | + | 178.30substance is packaged in dosage units, equaling 100 or more dosage units; or | |
| 5822 | + | 178Article 4 Sec. 9. | |
| 5823 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 179.1 (6) the person unlawfully possesses one or more mixtures of a total weight of 25 | |
| 5824 | + | 179.2kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 100 or | |
| 5825 | + | 179.3more marijuana plants. | |
| 5826 | + | 179.4 (b) For the purposes of this subdivision, the weight of fluid used in a water pipe may | |
| 5827 | + | 179.5not be considered in measuring the weight of a mixture except in cases where the mixture | |
| 5828 | + | 179.6contains four or more fluid ounces of fluid. | |
| 5829 | + | 179.7 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 5830 | + | 179.8committed on or after that date. | |
| 5831 | + | 179.9Sec. 10. Minnesota Statutes 2022, section 152.023, subdivision 1, is amended to read: | |
| 5832 | + | 179.10 Subdivision 1.Sale crimes.A person is guilty of controlled substance crime in the third | |
| 5833 | + | 179.11degree if: | |
| 5834 | + | 179.12 (1) the person unlawfully sells one or more mixtures containing a narcotic drug; | |
| 5835 | + | 179.13 (2) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5836 | + | 179.14more mixtures containing phencyclidine or hallucinogen, it is packaged in dosage units, | |
| 5837 | + | 179.15and equals ten or more dosage units; | |
| 5838 | + | 179.16 (3) the person unlawfully sells one or more mixtures containing a controlled substance | |
| 5839 | + | 179.17classified in Schedule I, II, or III, except a Schedule I or II narcotic drug, cannabis flower, | |
| 5840 | + | 179.18or cannabinoid products to a person under the age of 18; or | |
| 5841 | + | 179.19 (4) the person conspires with or employs a person under the age of 18 to unlawfully sell | |
| 5842 | + | 179.20one or more mixtures containing a controlled substance listed in Schedule I, II, or III, except | |
| 5843 | + | 179.21a Schedule I or II narcotic drug; or, cannabis flower, or cannabis products. | |
| 5844 | + | 179.22 (5) on one or more occasions within a 90-day period the person unlawfully sells one or | |
| 5845 | + | 179.23more mixtures of a total weight of five kilograms or more containing marijuana or | |
| 5846 | + | 179.24Tetrahydrocannabinols. | |
| 5847 | + | 179.25 EFFECTIVE DATE.This section is effective January 1, 2024, and applies to crimes | |
| 5848 | + | 179.26committed on or after that date. | |
| 5849 | + | 179.27Sec. 11. Minnesota Statutes 2022, section 152.023, subdivision 2, is amended to read: | |
| 5850 | + | 179.28 Subd. 2.Possession crimes.(a) A person is guilty of controlled substance crime in the | |
| 5851 | + | 179.29third degree if: | |
| 5852 | + | 179Article 4 Sec. 11. | |
| 5853 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 180.1 (1) on one or more occasions within a 90-day period the person unlawfully possesses | |
| 5854 | + | 180.2one or more mixtures of a total weight of ten grams or more containing a narcotic drug other | |
| 5855 | + | 180.3than heroin; | |
| 5856 | + | 180.4 (2) on one or more occasions within a 90-day period the person unlawfully possesses | |
| 5857 | + | 180.5one or more mixtures of a total weight of three grams or more containing heroin; | |
| 5858 | + | 180.6 (3) on one or more occasions within a 90-day period the person unlawfully possesses | |
| 5859 | + | 180.7one or more mixtures containing a narcotic drug, it is packaged in dosage units, and equals | |
| 5860 | + | 180.850 or more dosage units; | |
| 5861 | + | 180.9 (4) on one or more occasions within a 90-day period the person unlawfully possesses | |
| 5862 | + | 180.10any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid | |
| 5863 | + | 180.11diethylamide (LSD), 3,4-methylenedioxy amphetamine, or | |
| 5864 | + | 180.123,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone, | |
| 5865 | + | 180.13or a drug treatment facility; | |
| 5866 | + | 180.14 (5) on one or more occasions within a 90-day period the person unlawfully possesses | |
| 5867 | + | 180.15one or more mixtures of a total weight of ten kilograms or more containing marijuana or | |
| 5868 | + | 180.16Tetrahydrocannabinols: | |
| 5869 | + | 180.17 (i) more than ten kilograms of cannabis flower; | |
| 5870 | + | 180.18 (ii) more than two kilograms of cannabis concentrate; or | |
| 5871 | + | 180.19 (iii) edible cannabis products infused with more than 200 grams of tetrahydrocannabinol; | |
| 5872 | + | 180.20or | |
| 5873 | + | 180.21 (6) the person unlawfully possesses one or more mixtures containing methamphetamine | |
| 5874 | + | 180.22or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment | |
| 5875 | + | 180.23facility. | |
| 5876 | + | 180.24 (b) For the purposes of this subdivision, the weight of fluid used in a water pipe may | |
| 5877 | + | 180.25not be considered in measuring the weight of a mixture except in cases where the mixture | |
| 5878 | + | 180.26contains four or more fluid ounces of fluid. | |
| 5879 | + | 180.27 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 5880 | + | 180.28committed on or after that date. | |
| 5881 | + | 180.29Sec. 12. Minnesota Statutes 2022, section 152.024, subdivision 1, is amended to read: | |
| 5882 | + | 180.30 Subdivision 1.Sale crimes.A person is guilty of controlled substance crime in the fourth | |
| 5883 | + | 180.31degree if: | |
| 5884 | + | 180Article 4 Sec. 12. | |
| 5885 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 181.1 (1) the person unlawfully sells one or more mixtures containing a controlled substance | |
| 5886 | + | 181.2classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols; | |
| 5887 | + | 181.3 (2) the person unlawfully sells one or more mixtures containing a controlled substance | |
| 5888 | + | 181.4classified in Schedule IV or V to a person under the age of 18; or | |
| 5889 | + | 181.5 (3) the person conspires with or employs a person under the age of 18 to unlawfully sell | |
| 5890 | + | 181.6a controlled substance classified in Schedule IV or V; or. | |
| 5891 | + | 181.7 (4) the person unlawfully sells any amount of marijuana or Tetrahydrocannabinols in a | |
| 5892 | + | 181.8school zone, a park zone, a public housing zone, or a drug treatment facility, except a small | |
| 5893 | + | 181.9amount for no remuneration. | |
| 5894 | + | 181.10 EFFECTIVE DATE.This section is effective January 1, 2024, and applies to crimes | |
| 5895 | + | 181.11committed on or after that date. | |
| 5896 | + | 181.12Sec. 13. Minnesota Statutes 2022, section 152.025, subdivision 1, is amended to read: | |
| 5897 | + | 181.13 Subdivision 1.Sale crimes.A person is guilty of a controlled substance crime in the | |
| 5898 | + | 181.14fifth degree and upon conviction may be sentenced as provided in subdivision 4 if: | |
| 5899 | + | 181.15 (1) the person unlawfully sells one or more mixtures containing marijuana or | |
| 5900 | + | 181.16tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or | |
| 5901 | + | 181.17 (2) the person unlawfully sells one or more mixtures containing a controlled substance | |
| 5902 | + | 181.18classified in Schedule IV. | |
| 5903 | + | 181.19 EFFECTIVE DATE.This section is effective January 1, 2024, and applies to crimes | |
| 5904 | + | 181.20committed on or after that date. | |
| 5905 | + | 181.21Sec. 14. Minnesota Statutes 2022, section 152.025, subdivision 2, is amended to read: | |
| 5906 | + | 181.22 Subd. 2.Possession and other crimes.A person is guilty of controlled substance crime | |
| 5907 | + | 181.23in the fifth degree and upon conviction may be sentenced as provided in subdivision 4 if: | |
| 5908 | + | 181.24 (1) the person unlawfully possesses one or more mixtures containing a controlled | |
| 5909 | + | 181.25substance classified in Schedule I, II, III, or IV, except a small amount of marijuana cannabis | |
| 5910 | + | 181.26flower or cannabis products; or | |
| 5911 | + | 181.27 (2) the person procures, attempts to procure, possesses, or has control over a controlled | |
| 5912 | + | 181.28substance by any of the following means: | |
| 5913 | + | 181.29 (i) fraud, deceit, misrepresentation, or subterfuge; | |
| 5914 | + | 181.30 (ii) using a false name or giving false credit; or | |
| 5915 | + | 181Article 4 Sec. 14. | |
| 5916 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 182.1 (iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer, | |
| 5917 | + | 182.2wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice | |
| 5918 | + | 182.3medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of | |
| 5919 | + | 182.4obtaining a controlled substance. | |
| 5920 | + | 182.5 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 5921 | + | 182.6committed on or after that date. | |
| 5922 | + | 182.7Sec. 15. [152.0263] CANNABIS POSSESSION CRIMES. | |
| 5923 | + | 182.8 Subdivision 1.Possession of cannabis in the first degree.A person is guilty of cannabis | |
| 5924 | + | 182.9possession in the first degree and may be sentenced to imprisonment of not more than five | |
| 5925 | + | 182.10years or to payment of a fine of not more than $10,000, or both, if the person unlawfully | |
| 5926 | + | 182.11possesses any of the following: | |
| 5927 | + | 182.12 (1) more than two pounds but not more than ten kilograms of cannabis flower in any | |
| 5928 | + | 182.13place other than the person's residence; | |
| 5929 | + | 182.14 (2) more than two pounds but not more than ten kilograms of cannabis flower derived | |
| 5930 | + | 182.15from sources other than the home cultivation of cannabis plants authorized in section 342.09, | |
| 5931 | + | 182.16subdivision 2, in the person's residence; | |
| 5932 | + | 182.17 (3) more than five pounds but not more than ten kilograms of cannabis flower, regardless | |
| 5933 | + | 182.18of the cannabis' source, in the person's residence; | |
| 5934 | + | 182.19 (4) more than 160 grams but not more than two kilograms of cannabis concentrate; or | |
| 5935 | + | 182.20 (5) edible cannabis products infused with more than 16 grams but not more than 200 | |
| 5936 | + | 182.21grams of tetrahydrocannabinol. | |
| 5937 | + | 182.22 Subd. 2.Possession of cannabis in the second degree.A person is guilty of cannabis | |
| 5938 | + | 182.23possession in the second degree and may be sentenced to imprisonment of not more than | |
| 5939 | + | 182.24one year or to payment of a fine of not more than $3,000, or both, if the person unlawfully | |
| 5940 | + | 182.25possesses any of the following: | |
| 5941 | + | 182.26 (1) more than one pound but not more than two pounds of cannabis flower in any place | |
| 5942 | + | 182.27other than the person's residence; | |
| 5943 | + | 182.28 (2) more than 80 grams but not more than 160 grams of cannabis concentrate; or | |
| 5944 | + | 182.29 (3) edible cannabis products infused with more than eight grams but not more than 16 | |
| 5945 | + | 182.30grams of tetrahydrocannabinol. | |
| 5946 | + | 182Article 4 Sec. 15. | |
| 5947 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 183.1 Subd. 3.Possession of cannabis in the third degree.A person is guilty of cannabis | |
| 5948 | + | 183.2possession in the third degree and may be sentenced to imprisonment of not more than 90 | |
| 5949 | + | 183.3days or to payment of a fine of not more than $1,000, or both, if the person unlawfully | |
| 5950 | + | 183.4possesses any of the following: | |
| 5951 | + | 183.5 (1) more than four ounces but not more than one pound of cannabis flower in any place | |
| 5952 | + | 183.6other than the person's residence; | |
| 5953 | + | 183.7 (2) more than 16 grams but not more than 80 grams of cannabis concentrate; or | |
| 5954 | + | 183.8 (3) edible cannabis products infused with more than 1,600 milligrams but not more than | |
| 5955 | + | 183.9eight grams of tetrahydrocannabinol. | |
| 5956 | + | 183.10 Subd. 4.Possession of cannabis in the fourth degree.A person is guilty of a petty | |
| 5957 | + | 183.11misdemeanor if the person unlawfully possesses any of the following: | |
| 5958 | + | 183.12 (1) more than two ounces but not more than four ounces of cannabis flower in any place | |
| 5959 | + | 183.13other than the person's residence; | |
| 5960 | + | 183.14 (2) more than eight grams but not more than 16 grams of cannabis concentrate; or | |
| 5961 | + | 183.15 (3) edible cannabis products infused with more than 800 milligrams but not more than | |
| 5962 | + | 183.161,600 milligrams of tetrahydrocannabinol. | |
| 5963 | + | 183.17 Subd. 5.Use of cannabis in a motor vehicle.(a) A person is guilty of a crime and may | |
| 5964 | + | 183.18be sentenced to imprisonment of not more than 90 days or to payment of a fine of not more | |
| 5965 | + | 183.19than $1,000, or both, if the person unlawfully uses cannabis flower or cannabis products | |
| 5966 | + | 183.20while driving, operating, or being in physical control of any motor vehicle, as defined in | |
| 5967 | + | 183.21section 169A.03, subdivision 15. | |
| 5968 | + | 183.22 (b) The State Patrol must increase enforcement of this subdivision annually on April | |
| 5969 | + | 183.2320. Other law enforcement agencies are encouraged to increase enforcement of this | |
| 5970 | + | 183.24subdivision annually on April 20. | |
| 5971 | + | 183.25 Subd. 6.Use of cannabis in public.A local unit of government may adopt an ordinance | |
| 5972 | + | 183.26establishing a petty misdemeanor offense for a person who unlawfully uses cannabis flower | |
| 5973 | + | 183.27or cannabis products in a public place provided that the definition of public place does not | |
| 5974 | + | 183.28include the following: | |
| 5975 | + | 183.29 (1) a private residence, including the person's curtilage or yard; | |
| 5976 | + | 183.30 (2) private property not generally accessible by the public, unless the person is explicitly | |
| 5977 | + | 183.31prohibited from consuming cannabis flower or cannabis products on the property by the | |
| 5978 | + | 183.32owner of the property; or | |
| 5979 | + | 183Article 4 Sec. 15. | |
| 5980 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 184.1 (3) the premises of an establishment or event licensed to permit on-site consumption. | |
| 5981 | + | 184.2 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 5982 | + | 184.3committed on or after that date. | |
| 5983 | + | 184.4Sec. 16. [152.0264] CANNABIS SALE CRIMES. | |
| 5984 | + | 184.5 Subdivision 1.Sale of cannabis in the first degree.A person is guilty of the sale of | |
| 5985 | + | 184.6cannabis in the first degree and may be sentenced to imprisonment of not more than five | |
| 5986 | + | 184.7years or to payment of a fine of not more than $10,000, or both, if the person unlawfully | |
| 5987 | + | 184.8sells more than two ounces of cannabis flower, more than eight grams of cannabis | |
| 5988 | + | 184.9concentrate, or edible cannabis products infused with more than 800 milligrams of | |
| 5989 | + | 184.10tetrahydrocannabinol: | |
| 5990 | + | 184.11 (1) to a minor and the defendant is an adult who is more than 36 months older than the | |
| 5991 | + | 184.12minor; | |
| 5992 | + | 184.13 (2) within ten years of two or more convictions for the unlawful sale of more than two | |
| 5993 | + | 184.14ounces of cannabis flower, more than eight grams of cannabis concentrate, or edible cannabis | |
| 5994 | + | 184.15products infused with more than 800 milligrams of tetrahydrocannabinol; or | |
| 5995 | + | 184.16 (3) within ten years of a conviction under this subdivision. | |
| 5996 | + | 184.17 Subd. 2.Sale of cannabis in the second degree.A person is guilty of sale of cannabis | |
| 5997 | + | 184.18in the second degree and may be sentenced to imprisonment of not more than one year or | |
| 5998 | + | 184.19to payment of a fine of not more than $3,000, or both, if the person unlawfully sells more | |
| 5999 | + | 184.20than two ounces of cannabis flower, more than eight grams of cannabis concentrate, or | |
| 6000 | + | 184.21edible cannabis products infused with more than 800 milligrams of tetrahydrocannabinol: | |
| 6001 | + | 184.22 (1) to a minor and the defendant is an adult who is not more than 36 months older than | |
| 6002 | + | 184.23the minor; | |
| 6003 | + | 184.24 (2) in a school zone, a park zone, a public housing zone, or a drug treatment facility; or | |
| 6004 | + | 184.25 (3) within ten years of a conviction for the unlawful sale of more than two ounces of | |
| 6005 | + | 184.26cannabis flower, more than eight grams of cannabis concentrate, or edible cannabis products | |
| 6006 | + | 184.27infused with more than 800 milligrams of tetrahydrocannabinol. | |
| 6007 | + | 184.28 Subd. 3.Sale of cannabis in the third degree.A person is guilty of sale of cannabis in | |
| 6008 | + | 184.29the third degree and may be sentenced to imprisonment of not more than 90 days or to | |
| 6009 | + | 184.30payment of a fine of not more than $1,000, or both, if the person unlawfully sells: | |
| 6010 | + | 184.31 (1) more than two ounces of cannabis flower; | |
| 6011 | + | 184Article 4 Sec. 16. | |
| 6012 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 185.1 (2) more than eight grams of cannabis concentrate; or | |
| 6013 | + | 185.2 (3) edible cannabis products infused with more than 800 milligrams of | |
| 6014 | + | 185.3tetrahydrocannabinol. | |
| 6015 | + | 185.4 Subd. 4.Sale of cannabis in the fourth degree.(a) A person is guilty of a petty | |
| 6016 | + | 185.5misdemeanor if the person unlawfully sells: | |
| 6017 | + | 185.6 (1) not more than two ounces of cannabis flower; | |
| 6018 | + | 185.7 (2) not more than eight grams of cannabis concentrate; or | |
| 6019 | + | 185.8 (3) edible cannabis products infused with not more than 800 milligrams of | |
| 6020 | + | 185.9tetrahydrocannabinol. | |
| 6021 | + | 185.10 (b) A sale for no remuneration by an individual over the age of 21 to another individual | |
| 6022 | + | 185.11over the age of 21 is not an unlawful sale under this subdivision. | |
| 6023 | + | 185.12 Subd. 5.Sale of cannabis by a minor.(a) A minor is guilty of a petty misdemeanor if: | |
| 6024 | + | 185.13 (1) the minor unlawfully sells cannabis flower, cannabis concentrate, or cannabis | |
| 6025 | + | 185.14products; and | |
| 6026 | + | 185.15 (2) the minor has not previously received a petty misdemeanor disposition or been | |
| 6027 | + | 185.16adjudicated delinquent for committing an act in violation of this section. | |
| 6028 | + | 185.17 (b) A minor sentenced under this subdivision is required to participate in a drug education | |
| 6029 | + | 185.18program unless the court enters a written finding that a drug education program is | |
| 6030 | + | 185.19inappropriate. The program must be approved by an area mental health board with a | |
| 6031 | + | 185.20curriculum approved by the state alcohol and drug abuse authority. | |
| 6032 | + | 185.21 (c) A minor who receives a disposition pursuant to this subdivision is required to perform | |
| 6033 | + | 185.22community service. | |
| 6034 | + | 185.23 EFFECTIVE DATE.This section is effective January 1, 2024, and applies to crimes | |
| 6035 | + | 185.24committed on or after that date. | |
| 6036 | + | 185.25Sec. 17. [152.0265] CANNABIS CULTIVATION CRIMES. | |
| 6037 | + | 185.26 Subdivision 1.Cultivation of cannabis in the first degree.A person is guilty of | |
| 6038 | + | 185.27cultivation of cannabis in the first degree and may be sentenced to imprisonment of not | |
| 6039 | + | 185.28more than five years or to payment of a fine of not more than $10,000, or both, if the person | |
| 6040 | + | 185.29unlawfully cultivates more than 23 cannabis plants. | |
| 6041 | + | 185.30 Subd. 2.Cultivation of cannabis in the second degree.A person is guilty of cultivation | |
| 6042 | + | 185.31of cannabis in the second degree and may be sentenced to imprisonment of not more than | |
| 6043 | + | 185Article 4 Sec. 17. | |
| 6044 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 186.1one year or to payment of a fine of not more than $3,000, or both, if the person unlawfully | |
| 6045 | + | 186.2cultivates more than 16 cannabis plants but not more than 23 cannabis plants. | |
| 6046 | + | 186.3 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6047 | + | 186.4committed on or after that date. | |
| 6048 | + | 186.5Sec. 18. [169A.36] OPEN PACKAGE LAW. | |
| 6049 | + | 186.6 Subdivision 1.Definitions.As used in this section: | |
| 6050 | + | 186.7 (1) "synthetically derived cannabinoid" has the meaning given in section 342.01, | |
| 6051 | + | 186.8subdivision 67; | |
| 6052 | + | 186.9 (2) "cannabis product" has the meaning given in section 342.01, subdivision 2; | |
| 6053 | + | 186.10 (3) "cannabis flower" has the meaning given in section 342.01, subdivision 16; | |
| 6054 | + | 186.11 (4) "motor vehicle" does not include motorboats in operation or off-road recreational | |
| 6055 | + | 186.12vehicles except while operated on a roadway or shoulder of a roadway that is not part of a | |
| 6056 | + | 186.13grant-in-aid trail or trail designated for that vehicle by the commissioner of natural resources; | |
| 6057 | + | 186.14and | |
| 6058 | + | 186.15 (5) "possession" means either that the person had actual possession of the package or | |
| 6059 | + | 186.16that the person consciously exercised dominion and control over the package. | |
| 6060 | + | 186.17 Subd. 2.Use; crime described.It is a crime for a person to use cannabis flower, a | |
| 6061 | + | 186.18cannabis product, or any product containing a synthetically derived cannabinoid in a motor | |
| 6062 | + | 186.19vehicle when the vehicle is on a street or highway. | |
| 6063 | + | 186.20 Subd. 3.Possession; crime described.It is a crime for a person to have in possession, | |
| 6064 | + | 186.21while in a private motor vehicle on a street or highway, any cannabis flower, a cannabis | |
| 6065 | + | 186.22product, or any product containing a synthetically derived cannabinoid that: | |
| 6066 | + | 186.23 (1) is in packaging or another container that does not comply with the relevant packaging | |
| 6067 | + | 186.24requirements in chapter 152 or 342; | |
| 6068 | + | 186.25 (2) has been removed from the packaging in which it was sold; | |
| 6069 | + | 186.26 (3) is in packaging that has been opened or the seal has been broken; or | |
| 6070 | + | 186.27 (4) is in packaging of which the contents have been partially removed. | |
| 6071 | + | 186.28 Subd. 4.Liability of nonpresent owner; crime described.It is a crime for the owner | |
| 6072 | + | 186.29of any private motor vehicle or the driver, if the owner is not present in the motor vehicle, | |
| 6073 | + | 186.30to keep or allow to be kept in a motor vehicle when the vehicle is on a street or highway | |
| 6074 | + | 186Article 4 Sec. 18. | |
| 6075 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 187.1any cannabis flower, a cannabinoid product, or any product containing a synthetically | |
| 6076 | + | 187.2derived cannabinoid that: | |
| 6077 | + | 187.3 (1) is in packaging or another container that does not comply with the relevant packaging | |
| 6078 | + | 187.4requirements in chapter 152 or 342; | |
| 6079 | + | 187.5 (2) has been removed from the packaging in which it was sold; | |
| 6080 | + | 187.6 (3) is in packaging that has been opened or the seal has been broken; or | |
| 6081 | + | 187.7 (4) is in packaging of which the contents have been partially removed. | |
| 6082 | + | 187.8 Subd. 5.Criminal penalty.A person who violates subdivision 2, 3, or 4 is guilty of a | |
| 6083 | + | 187.9misdemeanor. | |
| 6084 | + | 187.10 Subd. 6.Exceptions.(a) This section does not prohibit the possession or consumption | |
| 6085 | + | 187.11of cannabis flower or a cannabinoid product or any other product containing a synthetically | |
| 6086 | + | 187.12derived cannabinoid by passengers in: | |
| 6087 | + | 187.13 (1) a bus that is operated by a motor carrier of passengers as defined in section 221.012, | |
| 6088 | + | 187.14subdivision 26; | |
| 6089 | + | 187.15 (2) a vehicle that is operated for commercial purposes in a manner similar to a bicycle | |
| 6090 | + | 187.16as defined in section 169.011, subdivision 4, with five or more passengers who provide | |
| 6091 | + | 187.17pedal power to the drive train of the vehicle; or | |
| 6092 | + | 187.18 (3) a vehicle providing limousine service as defined in section 221.84, subdivision 1. | |
| 6093 | + | 187.19 (b) Subdivisions 3 and 4 do not apply to: (1) a package that is in the trunk of the vehicle | |
| 6094 | + | 187.20if the vehicle is equipped with a trunk; or (2) a package that is in another area of the vehicle | |
| 6095 | + | 187.21not normally occupied by the driver and passengers if the vehicle is not equipped with a | |
| 6096 | + | 187.22trunk. A utility compartment or glove compartment is deemed to be within the area occupied | |
| 6097 | + | 187.23by the driver and passengers. | |
| 6098 | + | 187.24 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6099 | + | 187.25committed on or after that date. | |
| 6100 | + | 187.26Sec. 19. Minnesota Statutes 2022, section 609.135, subdivision 1, is amended to read: | |
| 6101 | + | 187.27 Subdivision 1.Terms and conditions.(a) Except when a sentence of life imprisonment | |
| 6102 | + | 187.28is required by law, or when a mandatory minimum sentence is required by section 609.11, | |
| 6103 | + | 187.29any court may stay imposition or execution of sentence and: | |
| 6104 | + | 187.30 (1) may order intermediate sanctions without placing the defendant on probation; or | |
| 6105 | + | 187Article 4 Sec. 19. | |
| 6106 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 188.1 (2) may place the defendant on probation with or without supervision and on the terms | |
| 6107 | + | 188.2the court prescribes, including intermediate sanctions when practicable. The court may order | |
| 6108 | + | 188.3the supervision to be under the probation officer of the court, or, if there is none and the | |
| 6109 | + | 188.4conviction is for a felony or gross misdemeanor, by the commissioner of corrections, or in | |
| 6110 | + | 188.5any case by some other suitable and consenting person. Unless the court directs otherwise, | |
| 6111 | + | 188.6state parole and probation agents and probation officers may impose community work | |
| 6112 | + | 188.7service or probation violation sanctions, consistent with section 243.05, subdivision 1; | |
| 6113 | + | 188.8sections 244.196 to 244.199; or 401.02, subdivision 5. | |
| 6114 | + | 188.9 No intermediate sanction may be ordered performed at a location that fails to observe | |
| 6115 | + | 188.10applicable requirements or standards of chapter 181A or 182, or any rule promulgated under | |
| 6116 | + | 188.11them. | |
| 6117 | + | 188.12 (b) For purposes of this subdivision, subdivision 6, and section 609.14, the term | |
| 6118 | + | 188.13"intermediate sanctions" includes but is not limited to incarceration in a local jail or | |
| 6119 | + | 188.14workhouse, home detention, electronic monitoring, intensive probation, sentencing to service, | |
| 6120 | + | 188.15reporting to a day reporting center, chemical dependency or mental health treatment or | |
| 6121 | + | 188.16counseling, restitution, fines, day-fines, community work service, work service in a restorative | |
| 6122 | + | 188.17justice program, work in lieu of or to work off fines and, with the victim's consent, work in | |
| 6123 | + | 188.18lieu of or to work off restitution. | |
| 6124 | + | 188.19 (c) A court may not stay the revocation of the driver's license of a person convicted of | |
| 6125 | + | 188.20violating the provisions of section 169A.20. | |
| 6126 | + | 188.21 (d) If the court orders a fine, day-fine, or restitution as an intermediate sanction, payment | |
| 6127 | + | 188.22is due on the date imposed unless the court otherwise establishes a due date or a payment | |
| 6128 | + | 188.23plan. | |
| 6129 | + | 188.24 (e) The court may prohibit a defendant from using adult-use cannabis flower as defined | |
| 6130 | + | 188.25in section 342.01, subdivision 4, or adult-use cannabis products as defined in section 342.01, | |
| 6131 | + | 188.26subdivision 2, if the defendant undergoes a chemical use assessment and abstinence is | |
| 6132 | + | 188.27consistent with a recommended level of care for the defendant in accordance with the criteria | |
| 6133 | + | 188.28in rules adopted by the commissioner of human services under section 254A.03, subdivision | |
| 6134 | + | 188.293. The assessment must be conducted by an assessor qualified under rules adopted by the | |
| 6135 | + | 188.30commissioner of human services under section 254A.03, subdivision 3. An assessor providing | |
| 6136 | + | 188.31a chemical use assessment may not have any direct or shared financial interest or referral | |
| 6137 | + | 188.32relationship resulting in shared financial gain with a treatment provider, except as authorized | |
| 6138 | + | 188.33under section 254A.19, subdivision 3. If an independent assessor is not available, the | |
| 6139 | + | 188.34probation officer may use the services of an assessor authorized to perform assessments for | |
| 6140 | + | 188Article 4 Sec. 19. | |
| 6141 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 189.1the county social services agency under a variance granted under rules adopted by the | |
| 6142 | + | 189.2commissioner of human services under section 254A.03, subdivision 3. | |
| 6143 | + | 189.3 (f) A court shall not impose an intermediate sanction that has the effect of prohibiting | |
| 6144 | + | 189.4a person from participating in the registry program as defined in section 342.01, subdivision | |
| 6145 | + | 189.563. | |
| 6146 | + | 189.6 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to sentences | |
| 6147 | + | 189.7ordered on or after that date. | |
| 6148 | + | 189.8Sec. 20. Minnesota Statutes 2022, section 609.5311, subdivision 1, is amended to read: | |
| 6149 | + | 189.9 Subdivision 1.Controlled substances.All controlled substances that were manufactured, | |
| 6150 | + | 189.10distributed, dispensed, or acquired in violation of chapter 152 or 342 are subject to forfeiture | |
| 6151 | + | 189.11under this section, except as provided in subdivision 3 and section 609.5316. | |
| 6152 | + | 189.12 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to violations | |
| 6153 | + | 189.13committed on or after that date. | |
| 6154 | + | 189.14Sec. 21. Minnesota Statutes 2022, section 609.5314, subdivision 1, is amended to read: | |
| 6155 | + | 189.15 Subdivision 1.Property subject to administrative forfeiture.(a) The following are | |
| 6156 | + | 189.16subject to administrative forfeiture under this section: | |
| 6157 | + | 189.17 (1) all money totaling $1,500 or more, precious metals, and precious stones that there | |
| 6158 | + | 189.18is probable cause to believe represent the proceeds of a controlled substance offense; | |
| 6159 | + | 189.19 (2) all money found in proximity to controlled substances when there is probable cause | |
| 6160 | + | 189.20to believe that the money was exchanged for the purchase of a controlled substance; | |
| 6161 | + | 189.21 (3) all conveyance devices containing controlled substances with a retail value of $100 | |
| 6162 | + | 189.22or more if there is probable cause to believe that the conveyance device was used in the | |
| 6163 | + | 189.23transportation or exchange of a controlled substance intended for distribution or sale; and | |
| 6164 | + | 189.24 (4) all firearms, ammunition, and firearm accessories found: | |
| 6165 | + | 189.25 (i) in a conveyance device used or intended for use to commit or facilitate the commission | |
| 6166 | + | 189.26of a felony offense involving a controlled substance; | |
| 6167 | + | 189.27 (ii) on or in proximity to a person from whom a felony amount of controlled substance | |
| 6168 | + | 189.28is seized; or | |
| 6169 | + | 189Article 4 Sec. 21. | |
| 6170 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 190.1 (iii) on the premises where a controlled substance is seized and in proximity to the | |
| 6171 | + | 190.2controlled substance, if possession or sale of the controlled substance would be a felony | |
| 6172 | + | 190.3under chapter 152. | |
| 6173 | + | 190.4 (b) The Department of Corrections Fugitive Apprehension Unit shall not seize items | |
| 6174 | + | 190.5listed in paragraph (a), clauses (3) and (4), for the purposes of forfeiture. | |
| 6175 | + | 190.6 (c) Money is the property of an appropriate agency and may be seized and recovered by | |
| 6176 | + | 190.7the appropriate agency if: | |
| 6177 | + | 190.8 (1) the money is used by an appropriate agency, or furnished to a person operating on | |
| 6178 | + | 190.9behalf of an appropriate agency, to purchase or attempt to purchase a controlled substance; | |
| 6179 | + | 190.10and | |
| 6180 | + | 190.11 (2) the appropriate agency records the serial number or otherwise marks the money for | |
| 6181 | + | 190.12identification. | |
| 6182 | + | 190.13 (d) As used in this section, "money" means United States currency and coin; the currency | |
| 6183 | + | 190.14and coin of a foreign country; a bank check, cashier's check, or traveler's check; a prepaid | |
| 6184 | + | 190.15credit card; cryptocurrency; or a money order. | |
| 6185 | + | 190.16 (e) As used in this section, "controlled substance" does not include cannabis flower as | |
| 6186 | + | 190.17defined in section 342.01, subdivision 16, or cannabis product as defined in section 342.01, | |
| 6187 | + | 190.18subdivision 2. | |
| 6188 | + | 190.19 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6189 | + | 190.20committed on or after that date. | |
| 6190 | + | 190.21Sec. 22. Minnesota Statutes 2022, section 609.5316, subdivision 2, is amended to read: | |
| 6191 | + | 190.22 Subd. 2.Controlled substances.(a) Controlled substances listed in Schedule I that are | |
| 6192 | + | 190.23possessed, transferred, sold, or offered for sale in violation of chapter 152 or 342, are | |
| 6193 | + | 190.24contraband and must be seized and summarily forfeited. Controlled substances listed in | |
| 6194 | + | 190.25Schedule I that are seized or come into the possession of peace officers, the owners of which | |
| 6195 | + | 190.26are unknown, are contraband and must be summarily forfeited. | |
| 6196 | + | 190.27 (b) Species of plants from which controlled substances in Schedules I and II may be | |
| 6197 | + | 190.28derived that have been planted or cultivated in violation of chapter 152 or of which the | |
| 6198 | + | 190.29owners or cultivators are unknown, or that are wild growths, may be seized and summarily | |
| 6199 | + | 190.30forfeited to the state. The appropriate agency or its authorized agent may seize the plants if | |
| 6200 | + | 190.31the person in occupancy or in control of land or premises where the plants are growing or | |
| 6201 | + | 190Article 4 Sec. 22. | |
| 6202 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 191.1being stored fails to produce an appropriate registration or proof that the person is the holder | |
| 6203 | + | 191.2of appropriate registration. | |
| 6204 | + | 191.3 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6205 | + | 191.4committed on or after that date. | |
| 6206 | + | 191.5Sec. 23. DWI CONTROLLED SUBSTANCE ROADSIDE TESTING INSTRUMENT | |
| 6207 | + | 191.6PILOT PROJECT; REPORT REQUIRED. | |
| 6208 | + | 191.7 (a) The commissioner of public safety must design, plan, and implement a pilot project | |
| 6209 | + | 191.8to study oral fluid roadside testing instruments to determine the presence of a controlled | |
| 6210 | + | 191.9substance or intoxicating substance in individuals stopped or arrested for driving while | |
| 6211 | + | 191.10impaired offenses. The pilot project must determine the practicality, accuracy, and efficacy | |
| 6212 | + | 191.11of these testing instruments and determine and make recommendations on the best instrument | |
| 6213 | + | 191.12or instruments to pursue in the future. | |
| 6214 | + | 191.13 (b) The pilot project must begin on September 1, 2023, and continue until August 31, | |
| 6215 | + | 191.142024. | |
| 6216 | + | 191.15 (c) The commissioner must consult with law enforcement officials, prosecutors, criminal | |
| 6217 | + | 191.16defense attorneys, and other interested and knowledgeable parties when designing, | |
| 6218 | + | 191.17implementing, and evaluating the pilot project. | |
| 6219 | + | 191.18 (d) All oral fluid samples obtained for the purpose of this pilot project must be obtained | |
| 6220 | + | 191.19by a certified drug recognition evaluator and may only be collected with the express voluntary | |
| 6221 | + | 191.20consent of the person stopped or arrested for suspicion of driving while impaired. Results | |
| 6222 | + | 191.21of tests conducted under the pilot project are to be used for the purpose of analyzing the | |
| 6223 | + | 191.22practicality, accuracy, and efficacy of the instrument. Results may not be used to decide | |
| 6224 | + | 191.23whether an arrest should be made and are not admissible in any legal proceeding. | |
| 6225 | + | 191.24 (e) By February 1, 2025, the commissioner must report to the chairs and ranking minority | |
| 6226 | + | 191.25members of the legislative committees with jurisdiction over public safety on the results of | |
| 6227 | + | 191.26the pilot project. At a minimum, the report must include information on how accurate the | |
| 6228 | + | 191.27instruments were when tested against laboratory results, how often participants were found | |
| 6229 | + | 191.28to have controlled substances or intoxicating substances in their systems, how often there | |
| 6230 | + | 191.29was commingling of controlled substances or intoxicating substances with alcohol, the types | |
| 6231 | + | 191.30of controlled substances or intoxicating substances found in participants' systems and which | |
| 6232 | + | 191.31types were most common, and the number of participants in the project. In addition, the | |
| 6233 | + | 191.32report must assess the practicality and reliability of using the instruments in the field and | |
| 6234 | + | 191.33make recommendations on continuing the project permanently. | |
| 6235 | + | 191Article 4 Sec. 23. | |
| 6236 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 192.1 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 6237 | + | 192.2 ARTICLE 5 | |
| 6238 | + | 192.3 EXPUNGEMENT | |
| 6239 | + | 192.4Section 1. Minnesota Statutes 2022, section 152.18, subdivision 1, is amended to read: | |
| 6240 | + | 192.5 Subdivision 1.Deferring prosecution for certain first time drug offenders.(a) A | |
| 6241 | + | 192.6court may defer prosecution as provided in paragraph (c) for any person found guilty, after | |
| 6242 | + | 192.7trial or upon a plea of guilty, of a violation of section 152.023, subdivision 2, 152.024, | |
| 6243 | + | 192.8subdivision 2, 152.025, subdivision 2, or 152.027, subdivision 2, 3, 4, or 6, paragraph (d), | |
| 6244 | + | 192.9for possession of a controlled substance, who: | |
| 6245 | + | 192.10 (1) has not previously participated in or completed a diversion program authorized under | |
| 6246 | + | 192.11section 401.065; | |
| 6247 | + | 192.12 (2) has not previously been placed on probation without a judgment of guilty and | |
| 6248 | + | 192.13thereafter been discharged from probation under this section; and | |
| 6249 | + | 192.14 (3) has not been convicted of a felony violation of this chapter, including a felony-level | |
| 6250 | + | 192.15attempt or conspiracy, or been convicted by the United States or another state of a similar | |
| 6251 | + | 192.16offense that would have been a felony under this chapter if committed in Minnesota, unless | |
| 6252 | + | 192.17ten years have elapsed since discharge from sentence. | |
| 6253 | + | 192.18 (b) The court must defer prosecution as provided in paragraph (c) for any person found | |
| 6254 | + | 192.19guilty of a violation of section 152.025, subdivision 2, who: | |
| 6255 | + | 192.20 (1) meets the criteria listed in paragraph (a), clauses (1) to (3); and | |
| 6256 | + | 192.21 (2) has not previously been convicted of a felony offense under any state or federal law | |
| 6257 | + | 192.22or of a gross misdemeanor under section 152.025. | |
| 6258 | + | 192.23 (c) In granting relief under this section, the court shall, without entering a judgment of | |
| 6259 | + | 192.24guilty and with the consent of the person, defer further proceedings and place the person | |
| 6260 | + | 192.25on probation upon such reasonable conditions as it may require and for a period, not to | |
| 6261 | + | 192.26exceed the maximum sentence provided for the violation. The court may give the person | |
| 6262 | + | 192.27the opportunity to attend and participate in an appropriate program of education regarding | |
| 6263 | + | 192.28the nature and effects of alcohol and drug abuse as a stipulation of probation. Upon violation | |
| 6264 | + | 192.29of a condition of the probation, the court may enter an adjudication of guilt and proceed as | |
| 6265 | + | 192.30otherwise provided. The court may, in its discretion, dismiss the proceedings against the | |
| 6266 | + | 192.31person and discharge the person from probation before the expiration of the maximum | |
| 6267 | + | 192.32period prescribed for the person's probation. If during the period of probation the person | |
| 6268 | + | 192Article 5 Section 1. | |
| 6269 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 193.1does not violate any of the conditions of the probation, then upon expiration of the period | |
| 6270 | + | 193.2the court shall discharge the person and dismiss the proceedings against that person. | |
| 6271 | + | 193.3Discharge and dismissal under this subdivision shall be without court adjudication of guilt, | |
| 6272 | + | 193.4but a not public record of it shall be retained by the Bureau of Criminal Apprehension for | |
| 6273 | + | 193.5the purpose of use by the courts in determining the merits of subsequent proceedings against | |
| 6274 | + | 193.6the person. The not public record may also be opened only upon court order for purposes | |
| 6275 | + | 193.7of a criminal investigation, prosecution, or sentencing. Upon receiving notice that the | |
| 6276 | + | 193.8proceedings were dismissed, the Bureau of Criminal Apprehension shall notify the arresting | |
| 6277 | + | 193.9or citing law enforcement agency and direct that agency to seal the agency's records related | |
| 6278 | + | 193.10to the dismissed charge. Upon request by law enforcement, prosecution, or corrections | |
| 6279 | + | 193.11authorities, the bureau shall notify the requesting party of the existence of the not public | |
| 6280 | + | 193.12record and the right to seek a court order to open it pursuant to this section. The court shall | |
| 6281 | + | 193.13forward a record of any discharge and dismissal under this subdivision to the bureau which | |
| 6282 | + | 193.14shall make and maintain the not public record of it as provided under this subdivision. The | |
| 6283 | + | 193.15discharge or dismissal shall not be deemed a conviction for purposes of disqualifications | |
| 6284 | + | 193.16or disabilities imposed by law upon conviction of a crime or for any other purpose. | |
| 6285 | + | 193.17 For purposes of this subdivision, "not public" has the meaning given in section 13.02, | |
| 6286 | + | 193.18subdivision 8a. | |
| 6287 | + | 193.19Sec. 2. Minnesota Statutes 2022, section 609A.01, is amended to read: | |
| 6288 | + | 193.20 609A.01 EXPUNGEMENT OF CRIMINAL RECORDS. | |
| 6289 | + | 193.21 This chapter provides the grounds and procedures for expungement of criminal records | |
| 6290 | + | 193.22under section 13.82; 152.18, subdivision 1; 299C.11, where a petition is authorized under | |
| 6291 | + | 193.23section 609A.02, subdivision 3; expungement is automatic under section 609A.05; | |
| 6292 | + | 193.24expungement is considered by a panel under section 609A.06; or other applicable law. The | |
| 6293 | + | 193.25remedy available is limited to a court order sealing the records and prohibiting the disclosure | |
| 6294 | + | 193.26of their existence or their opening except under court order or statutory authority. Nothing | |
| 6295 | + | 193.27in this chapter authorizes the destruction of records or their return to the subject of the | |
| 6296 | + | 193.28records. | |
| 6297 | + | 193.29 EFFECTIVE DATE.This section is effective January 1, 2025. | |
| 6298 | + | 193.30Sec. 3. Minnesota Statutes 2022, section 609A.03, subdivision 5, is amended to read: | |
| 6299 | + | 193.31 Subd. 5.Nature of remedy; standard.(a) Except as otherwise provided by paragraph | |
| 6300 | + | 193.32(b), expungement of a criminal record under this section is an extraordinary remedy to be | |
| 6301 | + | 193Article 5 Sec. 3. | |
| 6302 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 194.1granted only upon clear and convincing evidence that it would yield a benefit to the petitioner | |
| 6303 | + | 194.2commensurate with the disadvantages to the public and public safety of: | |
| 6304 | + | 194.3 (1) sealing the record; and | |
| 6305 | + | 194.4 (2) burdening the court and public authorities to issue, enforce, and monitor an | |
| 6306 | + | 194.5expungement order. | |
| 6307 | + | 194.6 (b) Except as otherwise provided by this paragraph, if the petitioner is petitioning for | |
| 6308 | + | 194.7the sealing of a criminal record under section 609A.02, subdivision 3, paragraph (a), clause | |
| 6309 | + | 194.8(1) or (2), the court shall grant the petition to seal the record unless the agency or jurisdiction | |
| 6310 | + | 194.9whose records would be affected establishes by clear and convincing evidence that the | |
| 6311 | + | 194.10interests of the public and public safety outweigh the disadvantages to the petitioner of not | |
| 6312 | + | 194.11sealing the record. | |
| 6313 | + | 194.12 (c) In making a determination under this subdivision, the court shall consider: | |
| 6314 | + | 194.13 (1) the nature and severity of the underlying crime, the record of which would be sealed; | |
| 6315 | + | 194.14 (2) the risk, if any, the petitioner poses to individuals or society; | |
| 6316 | + | 194.15 (3) the length of time since the crime occurred; | |
| 6317 | + | 194.16 (4) the steps taken by the petitioner toward rehabilitation following the crime; | |
| 6318 | + | 194.17 (5) aggravating or mitigating factors relating to the underlying crime, including the | |
| 6319 | + | 194.18petitioner's level of participation and context and circumstances of the underlying crime; | |
| 6320 | + | 194.19 (6) the reasons for the expungement, including the petitioner's attempts to obtain | |
| 6321 | + | 194.20employment, housing, or other necessities; | |
| 6322 | + | 194.21 (7) the petitioner's criminal record; | |
| 6323 | + | 194.22 (8) the petitioner's record of employment and community involvement; | |
| 6324 | + | 194.23 (9) the recommendations of interested law enforcement, prosecutorial, and corrections | |
| 6325 | + | 194.24officials; | |
| 6326 | + | 194.25 (10) the recommendations of victims or whether victims of the underlying crime were | |
| 6327 | + | 194.26minors; | |
| 6328 | + | 194.27 (11) the amount, if any, of restitution outstanding, past efforts made by the petitioner | |
| 6329 | + | 194.28toward payment, and the measures in place to help ensure completion of restitution payment | |
| 6330 | + | 194.29after expungement of the record if granted; and | |
| 6331 | + | 194.30 (12) other factors deemed relevant by the court. | |
| 6332 | + | 194Article 5 Sec. 3. | |
| 6333 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 195.1 (d) Notwithstanding section 13.82, 13.87, or any other law to the contrary, if the court | |
| 6334 | + | 195.2issues an expungement order it may require that the criminal record be sealed, the existence | |
| 6335 | + | 195.3of the record not be revealed, and the record not be opened except as required under | |
| 6336 | + | 195.4subdivision 7. Records must not be destroyed or returned to the subject of the record. | |
| 6337 | + | 195.5 (e) Information relating to a criminal history record of an employee, former employee, | |
| 6338 | + | 195.6or tenant that has been expunged before the occurrence of the act giving rise to the civil | |
| 6339 | + | 195.7action may not be introduced as evidence in a civil action against a private employer or | |
| 6340 | + | 195.8landlord or its employees or agents that is based on the conduct of the employee, former | |
| 6341 | + | 195.9employee, or tenant. | |
| 6342 | + | 195.10 EFFECTIVE DATE.This section is effective January 1, 2025, and applies to crimes | |
| 6343 | + | 195.11committed on or after that date. | |
| 6344 | + | 195.12Sec. 4. Minnesota Statutes 2022, section 609A.03, subdivision 9, is amended to read: | |
| 6345 | + | 195.13 Subd. 9.Stay of order; appeal.An expungement order issued under this section shall | |
| 6346 | + | 195.14be stayed automatically for 60 days after the order is filed and, if the order is appealed, | |
| 6347 | + | 195.15during the appeal period. A person or an agency or jurisdiction whose records would be | |
| 6348 | + | 195.16affected by the order may appeal the order within 60 days of service of notice of filing of | |
| 6349 | + | 195.17the order. An agency or jurisdiction or its officials or employees need not file a cost bond | |
| 6350 | + | 195.18or supersedeas bond in order to further stay the proceedings or file an appeal. | |
| 6351 | + | 195.19 EFFECTIVE DATE.This section is effective January 1, 2025. | |
| 6352 | + | 195.20Sec. 5. [609A.05] AUTOMATIC EXPUNGEMENT OF CERTAIN CANNABIS | |
| 6353 | + | 195.21OFFENSES. | |
| 6354 | + | 195.22 Subdivision 1.Eligibility; dismissal, exoneration, or conviction of nonfelony cannabis | |
| 6355 | + | 195.23offenses.(a) A person is eligible for expungement: | |
| 6356 | + | 195.24 (1) upon the dismissal and discharge of proceedings against a person under section | |
| 6357 | + | 195.25152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027 for possession | |
| 6358 | + | 195.26of marijuana or tetrahydrocannabinols; | |
| 6359 | + | 195.27 (2) if the person was convicted of or received a stayed sentence for a violation of section | |
| 6360 | + | 195.28152.027, subdivision 3 or 4; | |
| 6361 | + | 195.29 (3) if the person was arrested for possession of marijuana or tetrahydrocannabinols and | |
| 6362 | + | 195.30all charges were dismissed after a case was filed, unless the dismissal was based on a finding | |
| 6363 | + | 195.31that the defendant was incompetent to proceed; or | |
| 6364 | + | 195Article 5 Sec. 5. | |
| 6365 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 196.1 (4) if all pending actions or proceedings involving the possession of marijuana or | |
| 6366 | + | 196.2tetrahydrocannabinols were resolved in favor of the person. | |
| 6367 | + | 196.3 (b) For purposes of this section: | |
| 6368 | + | 196.4 (1) a verdict of not guilty by reason of mental illness is not a resolution in favor of the | |
| 6369 | + | 196.5person; and | |
| 6370 | + | 196.6 (2) an action or proceeding is resolved in favor of the person if the person received an | |
| 6371 | + | 196.7order under section 590.11 determining that the person is eligible for compensation based | |
| 6372 | + | 196.8on exoneration. | |
| 6373 | + | 196.9 Subd. 2.Bureau of Criminal Apprehension to identify eligible individuals.(a) The | |
| 6374 | + | 196.10Bureau of Criminal Apprehension shall identify bureau records that qualify for expungement | |
| 6375 | + | 196.11pursuant to subdivision 1. | |
| 6376 | + | 196.12 (b) The Bureau of Criminal Apprehension shall notify the judicial branch of: | |
| 6377 | + | 196.13 (1) the name and date of birth of each person whose case is eligible for an order of | |
| 6378 | + | 196.14expungement; and | |
| 6379 | + | 196.15 (2) the court file number of the eligible case. | |
| 6380 | + | 196.16 Subd. 3.Expungement relief; notification requirements.(a) The Bureau of Criminal | |
| 6381 | + | 196.17Apprehension shall grant expungement relief to each qualifying person and seal the bureau's | |
| 6382 | + | 196.18records without requiring an application, petition, or motion. The bureau shall seal records | |
| 6383 | + | 196.19related to an expungement within 60 days after the bureau sent notice of the expungement | |
| 6384 | + | 196.20to the judicial branch pursuant to subdivision 2, paragraph (b), unless an order of the judicial | |
| 6385 | + | 196.21branch prohibits sealing the records or additional information establishes that the records | |
| 6386 | + | 196.22are not eligible for expungement. | |
| 6387 | + | 196.23 (b) Nonpublic criminal records maintained by the bureau and subject to a grant of | |
| 6388 | + | 196.24expungement relief must display a notation stating "expungement relief granted pursuant | |
| 6389 | + | 196.25to section 609A.05." | |
| 6390 | + | 196.26 (c) The bureau shall inform the judicial branch of all cases that are granted expungement | |
| 6391 | + | 196.27relief pursuant to this section. The bureau may notify the judicial branch using electronic | |
| 6392 | + | 196.28means and may notify the judicial branch immediately or in a monthly report. Upon receiving | |
| 6393 | + | 196.29notice of an expungement, the judicial branch shall seal all related records, including records | |
| 6394 | + | 196.30of the person's arrest, indictment, trial, verdict, and dismissal or discharge of the case. Upon | |
| 6395 | + | 196.31receiving notice of an expungement, the judicial branch shall issue any order necessary to | |
| 6396 | + | 196.32seal related records. | |
| 6397 | + | 196Article 5 Sec. 5. | |
| 6398 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 197.1 (d) The bureau shall inform each arresting or citing law enforcement agency or | |
| 6399 | + | 197.2prosecutorial office with records affected by the grant of expungement relief issued pursuant | |
| 6400 | + | 197.3to paragraph (a) that expungement has been granted. The bureau shall notify each agency | |
| 6401 | + | 197.4or office of an expungement within 60 days after the bureau sent notice of the expungement | |
| 6402 | + | 197.5to the judicial branch. The bureau may notify each agency or office using electronic means. | |
| 6403 | + | 197.6Upon receiving notification of an expungement, an agency or office shall seal all records | |
| 6404 | + | 197.7related to the expungement, including the records of the person's arrest, indictment, trial, | |
| 6405 | + | 197.8verdict, and dismissal or discharge of the case. Notice must also clearly state that persons | |
| 6406 | + | 197.9who are noncitizens may need copies of these records for immigration purposes, explain | |
| 6407 | + | 197.10how they can obtain these copies after expungement or other granted relief, and state that | |
| 6408 | + | 197.11a noncitizen should consult with an immigration attorney. | |
| 6409 | + | 197.12 (e) Data on a person whose offense has been expunged under this subdivision, including | |
| 6410 | + | 197.13any notice sent pursuant to paragraph (d), are private data on individuals as defined in section | |
| 6411 | + | 197.1413.02, subdivision 12. | |
| 6412 | + | 197.15 (f) In any subsequent prosecution of a person with a prior expunged criminal record, a | |
| 6413 | + | 197.16prosecutor may include the person's expunged criminal record in a complaint or other | |
| 6414 | + | 197.17charging document if permitted by applicable law and the rules of criminal procedure. | |
| 6415 | + | 197.18 (g) The subject whose record qualifies for expungement shall be given access to copies | |
| 6416 | + | 197.19of the records of arrest, conviction, or incarceration, including but not limited for immigration | |
| 6417 | + | 197.20purposes. | |
| 6418 | + | 197.21 (h) Relief granted under this subdivision shall not impact the ability of a petitioner to | |
| 6419 | + | 197.22file for relief under section 590.01. | |
| 6420 | + | 197.23 EFFECTIVE DATE.This section is effective January 1, 2025. | |
| 6421 | + | 197.24Sec. 6. [609A.06] EXPUNGEMENT AND RESENTENCING OF FELONY | |
| 6422 | + | 197.25CANNABIS OFFENSES. | |
| 6423 | + | 197.26 Subdivision 1.Cannabis Expungement Board.(a) The Cannabis Expungement Board | |
| 6424 | + | 197.27is created with the powers and duties established by law. | |
| 6425 | + | 197.28 (b) The Cannabis Expungement Board is composed of the following members: | |
| 6426 | + | 197.29 (1) the chief justice of the supreme court or a designee; | |
| 6427 | + | 197.30 (2) the attorney general or a designee; | |
| 6428 | + | 197.31 (3) one public defender, appointed by the governor upon recommendation of the state | |
| 6429 | + | 197.32public defender; | |
| 6430 | + | 197Article 5 Sec. 6. | |
| 6431 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 198.1 (4) the commissioner of one department of the state government as defined in section | |
| 6432 | + | 198.215.01, appointed by the governor; and | |
| 6433 | + | 198.3 (5) one public member with experience as an advocate for victim's rights, appointed by | |
| 6434 | + | 198.4the governor. | |
| 6435 | + | 198.5 (c) The Cannabis Expungement Board shall have the following powers and duties: | |
| 6436 | + | 198.6 (1) to obtain and review the records, including but not limited to all matters, files, | |
| 6437 | + | 198.7documents, and papers incident to the arrest, indictment, information, trial, appeal, or | |
| 6438 | + | 198.8dismissal and discharge, which relate to a charge for possession of a controlled substance; | |
| 6439 | + | 198.9 (2) to determine whether a person committed an act involving the possession of cannabis | |
| 6440 | + | 198.10flower or cannabis products that would either be a lesser offense or no longer be a crime | |
| 6441 | + | 198.11after August 1, 2023; | |
| 6442 | + | 198.12 (3) to determine whether a person's conviction should be vacated, charges should be | |
| 6443 | + | 198.13dismissed, and records should be expunged, or whether the person should be resentenced | |
| 6444 | + | 198.14to a lesser offense; and | |
| 6445 | + | 198.15 (4) to notify the judicial branch of individuals eligible for an expungement or resentencing | |
| 6446 | + | 198.16to a lesser offense. | |
| 6447 | + | 198.17 (d) The Cannabis Expungement Board shall complete the board's work by June 30, 2028. | |
| 6448 | + | 198.18 Subd. 2.Eligibility; possession of cannabis.(a) A person is eligible for an expungement | |
| 6449 | + | 198.19or resentencing to a lesser offense if: | |
| 6450 | + | 198.20 (1) the person was convicted of, or adjudication was stayed for, a violation of any of the | |
| 6451 | + | 198.21following involving the possession of marijuana or tetrahydrocannabinols: | |
| 6452 | + | 198.22 (i) section 152.021, subdivision 2, clause (6); | |
| 6453 | + | 198.23 (ii) section 152.022, subdivision 2, clause (6); | |
| 6454 | + | 198.24 (iii) section 152.023, subdivision 2, clause (5); or | |
| 6455 | + | 198.25 (iv) section 152.025, subdivision 2, clause (1). | |
| 6456 | + | 198.26 (2) the offense did not involve a dangerous weapon, the intentional infliction of bodily | |
| 6457 | + | 198.27harm on another, an attempt to inflict bodily harm on another, or an act committed with the | |
| 6458 | + | 198.28intent to cause fear in another of immediate bodily harm or death; | |
| 6459 | + | 198.29 (3) the act on which the charge was based would either be a lesser offense or no longer | |
| 6460 | + | 198.30be a crime after August 1, 2023; and | |
| 6461 | + | 198Article 5 Sec. 6. | |
| 6462 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 199.1 (4) the person did not appeal the sentence, any appeal was denied, or the deadline to file | |
| 6463 | + | 199.2an appeal has expired. | |
| 6464 | + | 199.3 (b) For purposes of this subdivision, a "lesser offense" means a nonfelony offense if the | |
| 6465 | + | 199.4person was charged with a felony. | |
| 6466 | + | 199.5 Subd. 3.Bureau of Criminal Apprehension to identify eligible records.(a) The | |
| 6467 | + | 199.6Bureau of Criminal Apprehension shall identify convictions and sentences where adjudication | |
| 6468 | + | 199.7was stayed that qualify for review under subdivision 2, paragraph (a), clause (1). | |
| 6469 | + | 199.8 (b) The Bureau of Criminal Apprehension shall notify the Cannabis Expungement Board | |
| 6470 | + | 199.9of: | |
| 6471 | + | 199.10 (1) the name and date of birth of a person whose record is eligible for review; and | |
| 6472 | + | 199.11 (2) the court file number of the eligible conviction or stay of adjudication. | |
| 6473 | + | 199.12 Subd. 4.Access to records.The Cannabis Expungement Board shall have free access | |
| 6474 | + | 199.13to records, including but not limited to all matters, files, documents, and papers incident to | |
| 6475 | + | 199.14the arrest, indictment, information, trial, appeal, or dismissal and discharge that relate to a | |
| 6476 | + | 199.15charge and conviction or stay of adjudication for possession of a controlled substance held | |
| 6477 | + | 199.16by law enforcement agencies, prosecuting authorities, and court administrators. The Cannabis | |
| 6478 | + | 199.17Expungement Board may issue subpoenas for and compel the production of books, records, | |
| 6479 | + | 199.18accounts, documents, and papers. If any person fails or refuses to produce any books, records, | |
| 6480 | + | 199.19accounts, documents, or papers material in the matter under consideration after having been | |
| 6481 | + | 199.20lawfully required by order or subpoena, any judge of the district court in any county of the | |
| 6482 | + | 199.21state where the order or subpoena was made returnable, on application of the commissioner | |
| 6483 | + | 199.22of management and budget or commissioner of administration, as the case may be, shall | |
| 6484 | + | 199.23compel obedience or punish disobedience as for contempt, as in the case of disobedience | |
| 6485 | + | 199.24of a similar order or subpoena issued by such court. | |
| 6486 | + | 199.25 Subd. 5.Meetings; anonymous identifier.(a) The Cannabis Expungement Board shall | |
| 6487 | + | 199.26hold meetings at least monthly and shall hold a meeting whenever the board takes formal | |
| 6488 | + | 199.27action on a review of a conviction or stay of adjudication for an offense involving the | |
| 6489 | + | 199.28possession of marijuana or tetrahydrocannabinols. All board meetings shall be open to the | |
| 6490 | + | 199.29public and subject to chapter 13D. | |
| 6491 | + | 199.30 (b) Any victim of a crime being reviewed and any law enforcement agency may submit | |
| 6492 | + | 199.31an oral or written statement at the meeting, giving a recommendation on whether a person's | |
| 6493 | + | 199.32record should be expunged or the person should be resentenced to a lesser offense. The | |
| 6494 | + | 199Article 5 Sec. 6. | |
| 6495 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 200.1board must consider the victim's and the law enforcement agency's statement when making | |
| 6496 | + | 200.2the board's decision. | |
| 6497 | + | 200.3 (c) Section 13D.05 governs the board's treatment of not public data, as defined by section | |
| 6498 | + | 200.413.02, subdivision 8a, discussed at open meetings of the board. Notwithstanding section | |
| 6499 | + | 200.513.03, subdivision 11, the board shall assign an anonymous, unique identifier to each victim | |
| 6500 | + | 200.6of a crime and person whose conviction or stay of adjudication the board reviews. The | |
| 6501 | + | 200.7identifier shall be used in any discussion in a meeting open to the public and on any records | |
| 6502 | + | 200.8available to the public to protect the identity of the person whose records are being | |
| 6503 | + | 200.9considered. | |
| 6504 | + | 200.10 Subd. 6.Review and determination.(a) The Cannabis Expungement Board shall review | |
| 6505 | + | 200.11all available records to determine whether the conviction or stay of adjudication is eligible | |
| 6506 | + | 200.12for an expungement or resentencing to a lesser offense. An expungement under this section | |
| 6507 | + | 200.13is presumed to be in the public interest unless there is clear and convincing evidence that | |
| 6508 | + | 200.14an expungement or resentencing to a lesser offense would create a risk to public safety. | |
| 6509 | + | 200.15 (b) If the Cannabis Expungement Board determines that an expungement is in the public | |
| 6510 | + | 200.16interest, the board shall determine whether a person's conviction should be vacated and | |
| 6511 | + | 200.17charges should be dismissed. | |
| 6512 | + | 200.18 (c) If the Cannabis Expungement Board determines that an expungement is in the public | |
| 6513 | + | 200.19interest, the board shall determine whether the limitations under section 609A.03, subdivision | |
| 6514 | + | 200.205a, apply. | |
| 6515 | + | 200.21 (d) If the Cannabis Expungement Board determines that an expungement is in the public | |
| 6516 | + | 200.22interest, the board shall determine whether the limitations under section 609A.03, subdivision | |
| 6517 | + | 200.237a, paragraph (b), clause (4) or (5), apply. | |
| 6518 | + | 200.24 (e) If the Cannabis Expungement Board determines that an expungement is not in the | |
| 6519 | + | 200.25public interest, the board shall determine whether the person is eligible for resentencing to | |
| 6520 | + | 200.26a lesser offense. | |
| 6521 | + | 200.27 (f) In making a determination under this subdivision, the Cannabis Expungement Board | |
| 6522 | + | 200.28shall consider: | |
| 6523 | + | 200.29 (1) the nature and severity of the underlying crime, including but not limited to the total | |
| 6524 | + | 200.30amount of marijuana or tetrahydrocannabinols possessed by the person and whether the | |
| 6525 | + | 200.31offense involved a dangerous weapon, the intentional infliction of bodily harm on another, | |
| 6526 | + | 200.32an attempt to inflict bodily harm on another, or an act committed with the intent to cause | |
| 6527 | + | 200.33fear in another of immediate bodily harm or death; | |
| 6528 | + | 200Article 5 Sec. 6. | |
| 6529 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 201.1 (2) whether an expungement or resentencing the person a lesser offense would increase | |
| 6530 | + | 201.2the risk, if any, the person poses to other individuals or society; | |
| 6531 | + | 201.3 (3) if the person is under sentence, whether an expungement or resentencing to a lesser | |
| 6532 | + | 201.4offense would result in the release of the person and whether release earlier than the date | |
| 6533 | + | 201.5that the person would be released under the sentence currently being served would present | |
| 6534 | + | 201.6a danger to the public or would be compatible with the welfare of society; | |
| 6535 | + | 201.7 (4) aggravating or mitigating factors relating to the underlying crime, including the | |
| 6536 | + | 201.8person's level of participation and the context and circumstances of the underlying crime; | |
| 6537 | + | 201.9 (5) statements from victims and law enforcement, if any; | |
| 6538 | + | 201.10 (6) if an expungement or resentencing the person to a lesser offense is considered, | |
| 6539 | + | 201.11whether there is good cause to restore the person's right to possess firearms and ammunition; | |
| 6540 | + | 201.12 (7) if an expungement is considered, whether an expunged record of a conviction or stay | |
| 6541 | + | 201.13of adjudication may be opened for purposes of a background study under section 245C.08; | |
| 6542 | + | 201.14 (8) if an expungement is considered, whether an expunged record of a conviction or stay | |
| 6543 | + | 201.15of adjudication may be opened for purposes of a background check required under section | |
| 6544 | + | 201.16122A.18, subdivision 8; and | |
| 6545 | + | 201.17 (9) other factors deemed relevant by the Cannabis Expungement Board. | |
| 6546 | + | 201.18 (g) The affirmative vote of three members is required for action taken at any meeting. | |
| 6547 | + | 201.19 Subd. 7.Notice to judicial branch and offenders.(a) The Cannabis Expungement | |
| 6548 | + | 201.20Board shall identify any conviction or stay of adjudication that qualifies for an order of | |
| 6549 | + | 201.21expungement or resentencing to a lesser offense and notify the judicial branch of: | |
| 6550 | + | 201.22 (1) the name and date of birth of a person whose conviction or stay of adjudication is | |
| 6551 | + | 201.23eligible for an order of expungement or resentencing to a lesser offense; | |
| 6552 | + | 201.24 (2) the case number of the eligible conviction or stay of adjudication; | |
| 6553 | + | 201.25 (3) whether the person is eligible for an expungement; | |
| 6554 | + | 201.26 (4) if the person is eligible for an expungement, whether the person's conviction should | |
| 6555 | + | 201.27be vacated and charges should be dismissed; | |
| 6556 | + | 201.28 (5) if the person is eligible for an expungement, whether the limitations under section | |
| 6557 | + | 201.29609A.03, subdivision 7a, clause (4) or (5), apply; and | |
| 6558 | + | 201.30 (6) if the person is eligible for resentencing to a lesser offense, the lesser sentence to be | |
| 6559 | + | 201.31imposed. | |
| 6560 | + | 201Article 5 Sec. 6. | |
| 6561 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 202.1 (b) The Cannabis Expungement Board shall make a reasonable and good faith effort to | |
| 6562 | + | 202.2notify any person whose conviction or stay of adjudication qualifies for an order of | |
| 6563 | + | 202.3expungement that the offense qualifies and notice is being sent to the judicial branch. Notice | |
| 6564 | + | 202.4sent pursuant to this paragraph shall inform the person that, following the order of | |
| 6565 | + | 202.5expungement, any records of an arrest, conviction, or incarceration should not appear on | |
| 6566 | + | 202.6any background check or study. | |
| 6567 | + | 202.7 Subd. 8.Data classification.All data collected, created, received, maintained, or | |
| 6568 | + | 202.8disseminated by the Cannabis Expungement Board in which each victim of a crime and | |
| 6569 | + | 202.9person whose conviction or stay of adjudication that the Cannabis Expungement Board | |
| 6570 | + | 202.10reviews is or can be identified as the subject of the data is classified as private data on | |
| 6571 | + | 202.11individuals, as defined by section 13.02, subdivision 12. | |
| 6572 | + | 202.12 Subd. 9.Order of expungement.(a) Upon receiving notice that an offense qualifies | |
| 6573 | + | 202.13for expungement, the court shall issue an order sealing all records relating to an arrest, | |
| 6574 | + | 202.14indictment or information, trial, verdict, or dismissal and discharge for an offense described | |
| 6575 | + | 202.15in subdivision 1. If the Cannabis Expungement Board determined that the person's conviction | |
| 6576 | + | 202.16should be vacated and charges should be dismissed, the order shall vacate and dismiss the | |
| 6577 | + | 202.17charges. | |
| 6578 | + | 202.18 (b) If the Cannabis Expungement Board determined that there is good cause to restore | |
| 6579 | + | 202.19the person's right to possess firearms and ammunition, the court shall issue an order pursuant | |
| 6580 | + | 202.20to section 609.165, subdivision 1d. | |
| 6581 | + | 202.21 (c) If the Cannabis Expungement Board determined that an expunged record of a | |
| 6582 | + | 202.22conviction or stay of adjudication may not be opened for purposes of a background study | |
| 6583 | + | 202.23under section 245C.08, the court shall direct the order specifically to the commissioner of | |
| 6584 | + | 202.24human services. | |
| 6585 | + | 202.25 (d) If the Cannabis Expungement Board determined that an expunged record of a | |
| 6586 | + | 202.26conviction or stay of adjudication may not be opened for purposes of a background check | |
| 6587 | + | 202.27required under section 122A.18, subdivision 8, the court shall direct the order specifically | |
| 6588 | + | 202.28to the Professional Educator Licensing and Standards Board. | |
| 6589 | + | 202.29 (e) The court administrator shall send a copy of an expungement order issued under this | |
| 6590 | + | 202.30section to each agency and jurisdiction whose records are affected by the terms of the order | |
| 6591 | + | 202.31and send a letter to the last known address of the person whose offense has been expunged | |
| 6592 | + | 202.32identifying each agency to which the order was sent. | |
| 6593 | + | 202.33 (f) Data on the person whose offense has been expunged in a letter sent under this | |
| 6594 | + | 202.34subdivision are private data on individuals as defined in section 13.02. | |
| 6563 | 6595 | 202Article 5 Sec. 6. | |
| 6564 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 203.1 (1) the chief justice of the supreme court or a designee; | |
| 6565 | - | 203.2 (2) the attorney general or a designee; | |
| 6566 | - | 203.3 (3) one public defender, appointed by the governor upon recommendation of the state | |
| 6567 | - | 203.4public defender; | |
| 6568 | - | 203.5 (4) the commissioner of one department of the state government as defined in section | |
| 6569 | - | 203.615.01, appointed by the governor; and | |
| 6570 | - | 203.7 (5) one public member with experience as an advocate for victim's rights, appointed by | |
| 6571 | - | 203.8the governor. | |
| 6572 | - | 203.9 (c) The Cannabis Expungement Board shall have the following powers and duties: | |
| 6573 | - | 203.10 (1) to obtain and review the records, including but not limited to all matters, files, | |
| 6574 | - | 203.11documents, and papers incident to the arrest, indictment, information, trial, appeal, or | |
| 6575 | - | 203.12dismissal and discharge, which relate to a charge for possession of a controlled substance; | |
| 6576 | - | 203.13 (2) to determine whether a person committed an act involving the possession of cannabis | |
| 6577 | - | 203.14flower or cannabis products that would either be a lesser offense or no longer be a crime | |
| 6578 | - | 203.15after August 1, 2023; | |
| 6579 | - | 203.16 (3) to determine whether a person's conviction should be vacated, charges should be | |
| 6580 | - | 203.17dismissed, and records should be expunged, or whether the person should be resentenced | |
| 6581 | - | 203.18to a lesser offense; and | |
| 6582 | - | 203.19 (4) to notify the judicial branch of individuals eligible for an expungement or resentencing | |
| 6583 | - | 203.20to a lesser offense. | |
| 6584 | - | 203.21 (d) The Cannabis Expungement Board shall complete the board's work by June 30, 2028. | |
| 6585 | - | 203.22 Subd. 2.Eligibility; possession of cannabis.(a) A person is eligible for an expungement | |
| 6586 | - | 203.23or resentencing to a lesser offense if: | |
| 6587 | - | 203.24 (1) the person was convicted of, or adjudication was stayed for, a violation of any of the | |
| 6588 | - | 203.25following involving the possession of marijuana or tetrahydrocannabinols: | |
| 6589 | - | 203.26 (i) section 152.021, subdivision 2, clause (6); | |
| 6590 | - | 203.27 (ii) section 152.022, subdivision 2, clause (6); | |
| 6591 | - | 203.28 (iii) section 152.023, subdivision 2, clause (5); or | |
| 6592 | - | 203.29 (iv) section 152.025, subdivision 2, clause (1). | |
| 6593 | - | 203Article 5 Sec. 6. | |
| 6594 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 204.1 (2) the offense did not involve a dangerous weapon, the intentional infliction of bodily | |
| 6595 | - | 204.2harm on another, an attempt to inflict bodily harm on another, or an act committed with the | |
| 6596 | - | 204.3intent to cause fear in another of immediate bodily harm or death; | |
| 6597 | - | 204.4 (3) the act on which the charge was based would either be a lesser offense or no longer | |
| 6598 | - | 204.5be a crime after August 1, 2023; and | |
| 6599 | - | 204.6 (4) the person did not appeal the sentence, any appeal was denied, or the deadline to file | |
| 6600 | - | 204.7an appeal has expired. | |
| 6601 | - | 204.8 (b) For purposes of this subdivision, a "lesser offense" means a nonfelony offense if the | |
| 6602 | - | 204.9person was charged with a felony. | |
| 6603 | - | 204.10 Subd. 3.Bureau of Criminal Apprehension to identify eligible records.(a) The | |
| 6604 | - | 204.11Bureau of Criminal Apprehension shall identify convictions and sentences where adjudication | |
| 6605 | - | 204.12was stayed that qualify for review under subdivision 2, paragraph (a), clause (1). | |
| 6606 | - | 204.13 (b) The Bureau of Criminal Apprehension shall notify the Cannabis Expungement Board | |
| 6607 | - | 204.14of: | |
| 6608 | - | 204.15 (1) the name and date of birth of a person whose record is eligible for review; and | |
| 6609 | - | 204.16 (2) the court file number of the eligible conviction or stay of adjudication. | |
| 6610 | - | 204.17 Subd. 4.Access to records.The Cannabis Expungement Board shall have free access | |
| 6611 | - | 204.18to records, including but not limited to all matters, files, documents, and papers incident to | |
| 6612 | - | 204.19the arrest, indictment, information, trial, appeal, or dismissal and discharge that relate to a | |
| 6613 | - | 204.20charge and conviction or stay of adjudication for possession of a controlled substance held | |
| 6614 | - | 204.21by law enforcement agencies, prosecuting authorities, and court administrators. The Cannabis | |
| 6615 | - | 204.22Expungement Board may issue subpoenas for and compel the production of books, records, | |
| 6616 | - | 204.23accounts, documents, and papers. If any person fails or refuses to produce any books, records, | |
| 6617 | - | 204.24accounts, documents, or papers material in the matter under consideration after having been | |
| 6618 | - | 204.25lawfully required by order or subpoena, any judge of the district court in any county of the | |
| 6619 | - | 204.26state where the order or subpoena was made returnable, on application of the commissioner | |
| 6620 | - | 204.27of management and budget or commissioner of administration, as the case may be, shall | |
| 6621 | - | 204.28compel obedience or punish disobedience as for contempt, as in the case of disobedience | |
| 6622 | - | 204.29of a similar order or subpoena issued by such court. | |
| 6623 | - | 204.30 Subd. 5.Meetings; anonymous identifier.(a) The Cannabis Expungement Board shall | |
| 6624 | - | 204.31hold meetings at least monthly and shall hold a meeting whenever the board takes formal | |
| 6625 | - | 204.32action on a review of a conviction or stay of adjudication for an offense involving the | |
| 6626 | - | 204Article 5 Sec. 6. | |
| 6627 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 205.1possession of marijuana or tetrahydrocannabinols. All board meetings shall be open to the | |
| 6628 | - | 205.2public and subject to chapter 13D. | |
| 6629 | - | 205.3 (b) Any victim of a crime being reviewed and any law enforcement agency may submit | |
| 6630 | - | 205.4an oral or written statement at the meeting, giving a recommendation on whether a person's | |
| 6631 | - | 205.5record should be expunged or the person should be resentenced to a lesser offense. The | |
| 6632 | - | 205.6board must consider the victim's and the law enforcement agency's statement when making | |
| 6633 | - | 205.7the board's decision. | |
| 6634 | - | 205.8 (c) Section 13D.05 governs the board's treatment of not public data, as defined by section | |
| 6635 | - | 205.913.02, subdivision 8a, discussed at open meetings of the board. Notwithstanding section | |
| 6636 | - | 205.1013.03, subdivision 11, the board shall assign an anonymous, unique identifier to each victim | |
| 6637 | - | 205.11of a crime and person whose conviction or stay of adjudication the board reviews. The | |
| 6638 | - | 205.12identifier shall be used in any discussion in a meeting open to the public and on any records | |
| 6639 | - | 205.13available to the public to protect the identity of the person whose records are being | |
| 6640 | - | 205.14considered. | |
| 6641 | - | 205.15 Subd. 6.Review and determination.(a) The Cannabis Expungement Board shall review | |
| 6642 | - | 205.16all available records to determine whether the conviction or stay of adjudication is eligible | |
| 6643 | - | 205.17for an expungement or resentencing to a lesser offense. An expungement under this section | |
| 6644 | - | 205.18is presumed to be in the public interest unless there is clear and convincing evidence that | |
| 6645 | - | 205.19an expungement or resentencing to a lesser offense would create a risk to public safety. | |
| 6646 | - | 205.20 (b) If the Cannabis Expungement Board determines that an expungement is in the public | |
| 6647 | - | 205.21interest, the board shall determine whether a person's conviction should be vacated and | |
| 6648 | - | 205.22charges should be dismissed. | |
| 6649 | - | 205.23 (c) If the Cannabis Expungement Board determines that an expungement is in the public | |
| 6650 | - | 205.24interest, the board shall determine whether the limitations under section 609A.03, subdivision | |
| 6651 | - | 205.255a, apply. | |
| 6652 | - | 205.26 (d) If the Cannabis Expungement Board determines that an expungement is in the public | |
| 6653 | - | 205.27interest, the board shall determine whether the limitations under section 609A.03, subdivision | |
| 6654 | - | 205.287a, paragraph (b), clause (4) or (5), apply. | |
| 6655 | - | 205.29 (e) If the Cannabis Expungement Board determines that an expungement is not in the | |
| 6656 | - | 205.30public interest, the board shall determine whether the person is eligible for resentencing to | |
| 6657 | - | 205.31a lesser offense. | |
| 6658 | - | 205.32 (f) In making a determination under this subdivision, the Cannabis Expungement Board | |
| 6659 | - | 205.33shall consider: | |
| 6660 | - | 205Article 5 Sec. 6. | |
| 6661 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 206.1 (1) the nature and severity of the underlying crime, including but not limited to the total | |
| 6662 | - | 206.2amount of marijuana or tetrahydrocannabinols possessed by the person and whether the | |
| 6663 | - | 206.3offense involved a dangerous weapon, the intentional infliction of bodily harm on another, | |
| 6664 | - | 206.4an attempt to inflict bodily harm on another, or an act committed with the intent to cause | |
| 6665 | - | 206.5fear in another of immediate bodily harm or death; | |
| 6666 | - | 206.6 (2) whether an expungement or resentencing the person a lesser offense would increase | |
| 6667 | - | 206.7the risk, if any, the person poses to other individuals or society; | |
| 6668 | - | 206.8 (3) if the person is under sentence, whether an expungement or resentencing to a lesser | |
| 6669 | - | 206.9offense would result in the release of the person and whether release earlier than the date | |
| 6670 | - | 206.10that the person would be released under the sentence currently being served would present | |
| 6671 | - | 206.11a danger to the public or would be compatible with the welfare of society; | |
| 6672 | - | 206.12 (4) aggravating or mitigating factors relating to the underlying crime, including the | |
| 6673 | - | 206.13person's level of participation and the context and circumstances of the underlying crime; | |
| 6674 | - | 206.14 (5) statements from victims and law enforcement, if any; | |
| 6675 | - | 206.15 (6) if an expungement or resentencing the person to a lesser offense is considered, | |
| 6676 | - | 206.16whether there is good cause to restore the person's right to possess firearms and ammunition; | |
| 6677 | - | 206.17 (7) if an expungement is considered, whether an expunged record of a conviction or stay | |
| 6678 | - | 206.18of adjudication may be opened for purposes of a background study under section 245C.08; | |
| 6679 | - | 206.19 (8) if an expungement is considered, whether an expunged record of a conviction or stay | |
| 6680 | - | 206.20of adjudication may be opened for purposes of a background check required under section | |
| 6681 | - | 206.21122A.18, subdivision 8; and | |
| 6682 | - | 206.22 (9) other factors deemed relevant by the Cannabis Expungement Board. | |
| 6683 | - | 206.23 (g) The affirmative vote of three members is required for action taken at any meeting. | |
| 6684 | - | 206.24 Subd. 7.Notice to judicial branch and offenders.(a) The Cannabis Expungement | |
| 6685 | - | 206.25Board shall identify any conviction or stay of adjudication that qualifies for an order of | |
| 6686 | - | 206.26expungement or resentencing to a lesser offense and notify the judicial branch of: | |
| 6687 | - | 206.27 (1) the name and date of birth of a person whose conviction or stay of adjudication is | |
| 6688 | - | 206.28eligible for an order of expungement or resentencing to a lesser offense; | |
| 6689 | - | 206.29 (2) the case number of the eligible conviction or stay of adjudication; | |
| 6690 | - | 206.30 (3) whether the person is eligible for an expungement; | |
| 6691 | - | 206Article 5 Sec. 6. | |
| 6692 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 207.1 (4) if the person is eligible for an expungement, whether the person's conviction should | |
| 6693 | - | 207.2be vacated and charges should be dismissed; | |
| 6694 | - | 207.3 (5) if the person is eligible for an expungement, whether the limitations under section | |
| 6695 | - | 207.4609A.03, subdivision 7a, clause (4) or (5), apply; and | |
| 6696 | - | 207.5 (6) if the person is eligible for resentencing to a lesser offense, the lesser sentence to be | |
| 6697 | - | 207.6imposed. | |
| 6698 | - | 207.7 (b) The Cannabis Expungement Board shall make a reasonable and good faith effort to | |
| 6699 | - | 207.8notify any person whose conviction or stay of adjudication qualifies for an order of | |
| 6700 | - | 207.9expungement that the offense qualifies and notice is being sent to the judicial branch. Notice | |
| 6701 | - | 207.10sent pursuant to this paragraph shall inform the person that, following the order of | |
| 6702 | - | 207.11expungement, any records of an arrest, conviction, or incarceration should not appear on | |
| 6703 | - | 207.12any background check or study. | |
| 6704 | - | 207.13 Subd. 8.Data classification.All data collected, created, received, maintained, or | |
| 6705 | - | 207.14disseminated by the Cannabis Expungement Board in which each victim of a crime and | |
| 6706 | - | 207.15person whose conviction or stay of adjudication that the Cannabis Expungement Board | |
| 6707 | - | 207.16reviews is or can be identified as the subject of the data is classified as private data on | |
| 6708 | - | 207.17individuals, as defined by section 13.02, subdivision 12. | |
| 6709 | - | 207.18 Subd. 9.Order of expungement.(a) Upon receiving notice that an offense qualifies | |
| 6710 | - | 207.19for expungement, the court shall issue an order sealing all records relating to an arrest, | |
| 6711 | - | 207.20indictment or information, trial, verdict, or dismissal and discharge for an offense described | |
| 6712 | - | 207.21in subdivision 1. If the Cannabis Expungement Board determined that the person's conviction | |
| 6713 | - | 207.22should be vacated and charges should be dismissed, the order shall vacate and dismiss the | |
| 6714 | - | 207.23charges. | |
| 6715 | - | 207.24 (b) If the Cannabis Expungement Board determined that there is good cause to restore | |
| 6716 | - | 207.25the person's right to possess firearms and ammunition, the court shall issue an order pursuant | |
| 6717 | - | 207.26to section 609.165, subdivision 1d. | |
| 6718 | - | 207.27 (c) If the Cannabis Expungement Board determined that an expunged record of a | |
| 6719 | - | 207.28conviction or stay of adjudication may not be opened for purposes of a background study | |
| 6720 | - | 207.29under section 245C.08, the court shall direct the order specifically to the commissioner of | |
| 6721 | - | 207.30human services. | |
| 6722 | - | 207.31 (d) If the Cannabis Expungement Board determined that an expunged record of a | |
| 6723 | - | 207.32conviction or stay of adjudication may not be opened for purposes of a background check | |
| 6724 | - | 207Article 5 Sec. 6. | |
| 6725 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 208.1required under section 122A.18, subdivision 8, the court shall direct the order specifically | |
| 6726 | - | 208.2to the Professional Educator Licensing and Standards Board. | |
| 6727 | - | 208.3 (e) The court administrator shall send a copy of an expungement order issued under this | |
| 6728 | - | 208.4section to each agency and jurisdiction whose records are affected by the terms of the order | |
| 6729 | - | 208.5and send a letter to the last known address of the person whose offense has been expunged | |
| 6730 | - | 208.6identifying each agency to which the order was sent. | |
| 6731 | - | 208.7 (f) Data on the person whose offense has been expunged in a letter sent under this | |
| 6732 | - | 208.8subdivision are private data on individuals as defined in section 13.02. | |
| 6733 | - | 208.9 Subd. 10.Resentencing.(a) If the Cannabis Expungement Board determined that a | |
| 6734 | - | 208.10person is eligible for resentencing to a lesser offense and the person is currently under | |
| 6735 | - | 208.11sentence, the court shall proceed as if the appellate court directed a reduction of the conviction | |
| 6736 | - | 208.12to an offense of lesser degree pursuant to rule 28.02, subdivision 12 of the Rules of Criminal | |
| 6737 | - | 208.13Procedure. | |
| 6738 | - | 208.14 (b) If the Cannabis Expungement Board determined that a person is eligible for | |
| 6739 | - | 208.15resentencing to a lesser offense and the person completed or has been discharged from the | |
| 6740 | - | 208.16sentence, the court may issue an order amending the conviction to an offense of lesser degree | |
| 6741 | - | 208.17without holding a hearing. | |
| 6742 | - | 208.18 EFFECTIVE DATE.This section is effective January 1, 2025. | |
| 6743 | - | 208.19Sec. 7. [609A.07] RESTORATION OF FIREARMS RIGHTS. | |
| 6744 | - | 208.20 Any person who is prohibited from possessing a firearm or ammunition based on a prior | |
| 6745 | - | 208.21adjudication or conviction for a cannabis-related offense who receives an expungement or | |
| 6746 | - | 208.22other relief under section 609A.05 or 609A.06 shall have their right to possess firearms and | |
| 6747 | - | 208.23ammunition restored if the person is otherwise eligible to possess the item. | |
| 6748 | - | 208.24 ARTICLE 6 | |
| 6749 | - | 208.25 MISCELLANEOUS PROVISIONS | |
| 6750 | - | 208.26Section 1. [3.9224] MEDICAL CANNABIS; COMPACTS TO BE NEGOTIATED. | |
| 6751 | - | 208.27 Subdivision 1.Definitions.(a) As used in this section, the following terms have the | |
| 6752 | - | 208.28meanings given. | |
| 6753 | - | 208.29 (b) "Indian Tribe" means a Tribe, band, nation, or other federally recognized group or | |
| 6754 | - | 208.30community of Indians located within the geographical boundaries of the state of Minnesota. | |
| 6755 | - | 208Article 6 Section 1. | |
| 6756 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 209.1 (c) "Medical cannabinoid product" has the meaning given in section 342.01, subdivision | |
| 6757 | - | 209.251. | |
| 6758 | - | 209.3 (d) "Medical cannabis flower" has the meaning given in section 342.01, subdivision 53. | |
| 6759 | - | 209.4 Subd. 2.Negotiations authorized.Following a public hearing, the governor or the | |
| 6760 | - | 209.5governor's designated representatives are authorized to negotiate in good faith a compact | |
| 6761 | - | 209.6with an Indian Tribe regulating medical cannabis flower and medical cannabinoid products. | |
| 6762 | - | 209.7The attorney general is the legal counsel for the governor or the governor's representatives | |
| 6763 | - | 209.8in regard to negotiating a compact under this section. If the governor appoints designees to | |
| 6764 | - | 209.9negotiate under this subdivision, the designees must include at least two members of the | |
| 6765 | - | 209.10senate and two members of the house of representatives, two of whom must be the chairs | |
| 6766 | - | 209.11of the senate and house of representatives standing committees with jurisdiction over health | |
| 6767 | - | 209.12policy. | |
| 6768 | - | 209.13 Subd. 3.Terms of compact; rights of parties.(a) A compact agreed to under this | |
| 6769 | - | 209.14section may address any issues related to medical cannabis flower and medical cannabinoid | |
| 6770 | - | 209.15products that affect the interests of both the state and Indian Tribe or otherwise have an | |
| 6771 | - | 209.16impact on Tribal-state relations. At a minimum, a compact agreed to on behalf of the state | |
| 6772 | - | 209.17under this section must address: | |
| 6773 | - | 209.18 (1) the enforcement of criminal and civil laws; | |
| 6774 | - | 209.19 (2) the regulation of the commercial production, processing, sale or distribution, and | |
| 6775 | - | 209.20possession of medical cannabis flower and medical cannabinoid products; | |
| 6776 | - | 209.21 (3) medical and pharmaceutical research involving medical cannabis flower and medical | |
| 6777 | - | 209.22cannabinoid products; | |
| 6778 | - | 209.23 (4) the taxation of medical cannabis flower and medical cannabinoid products, including | |
| 6779 | - | 209.24establishing an appropriate amount and method of revenue sharing; | |
| 6780 | - | 209.25 (5) the immunities of an Indian Tribe or preemption of state law regarding the production, | |
| 6781 | - | 209.26processing, or sale or distribution of medical cannabis flower and medical cannabinoid | |
| 6782 | - | 209.27products; and | |
| 6783 | - | 209.28 (6) the method of resolution for disputes involving the compact, including the use of | |
| 6784 | - | 209.29mediation or other alternative dispute resolution processes and procedures. | |
| 6785 | - | 209.30 (b) In addressing the issues identified under paragraph (a), the governor or the governor's | |
| 6786 | - | 209.31designated representatives shall only enter into agreements that: | |
| 6787 | - | 209.32 (1) provide for the preservation of public health and safety; | |
| 6788 | - | 209Article 6 Section 1. | |
| 6789 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 210.1 (2) ensure the security of production, processing, retail, and research facilities on Tribal | |
| 6790 | - | 210.2land; and | |
| 6791 | - | 210.3 (3) establish provisions regulating business involving medical cannabis flower and | |
| 6792 | - | 210.4medical cannabinoid products that pass between Tribal land and non-Tribal land in the state. | |
| 6793 | - | 210.5 Subd. 4.Assessments and charges.Notwithstanding any law to the contrary, any | |
| 6794 | - | 210.6compact agreed to under this section shall establish all taxes, fees, assessments, and other | |
| 6795 | - | 210.7charges related to the production, processing, sale or distribution, and possession of medical | |
| 6796 | - | 210.8cannabis flower and medical cannabinoid products. | |
| 6797 | - | 210.9 Subd. 5.Civil and criminal immunities.The following acts, when performed by a | |
| 6798 | - | 210.10validly licensed medical cannabis retailer or an employee of a medical cannabis retailer | |
| 6799 | - | 210.11operated by an Indian Tribe pursuant to a compact entered into under this section, do not | |
| 6800 | - | 210.12constitute a criminal or civil offense under state law: | |
| 6801 | - | 210.13 (1) the cultivation of cannabis flower, as defined in section 342.01, subdivision 15; | |
| 6802 | - | 210.14 (2) the possession, purchase, and receipt of medical cannabis flower and medical | |
| 6803 | - | 210.15cannabinoid products that are properly packaged and labeled as authorized under a compact | |
| 6804 | - | 210.16entered into pursuant to this section; and | |
| 6805 | - | 210.17 (3) the delivery, distribution, and sale of medical cannabis flower and medical cannabinoid | |
| 6806 | - | 210.18products as authorized under a compact entered into pursuant to this section and that takes | |
| 6807 | - | 210.19place on the premises of a medical cannabis retailer on Tribal land to any person 21 years | |
| 6808 | - | 210.20of age or older. | |
| 6809 | - | 210.21 Subd. 6.Publication; report.(a) The governor shall post any compact entered into | |
| 6810 | - | 210.22under this section on a publicly accessible website. | |
| 6811 | - | 210.23 (b) The governor, the attorney general, and the governor's designated representatives | |
| 6812 | - | 210.24shall report to the legislative committees having jurisdiction over health, taxation, and | |
| 6813 | - | 210.25commerce annually. This report shall contain information on compacts negotiated and an | |
| 6814 | - | 210.26outline of prospective negotiations. | |
| 6815 | - | 210.27Sec. 2. [3.9228] ADULT-USE CANNABIS; COMPACTS TO BE NEGOTIATED. | |
| 6816 | - | 210.28 Subdivision 1.Definitions.(a) As used in this section, the following terms have the | |
| 6817 | - | 210.29meanings given. | |
| 6818 | - | 210.30 (b) "Indian Tribe" means a Tribe, band, nation, or other federally recognized group or | |
| 6819 | - | 210.31community of Indians located within the geographical boundaries of the state of Minnesota. | |
| 6820 | - | 210Article 6 Sec. 2. | |
| 6821 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 211.1 (c) "Adult-use cannabis product" has the meaning given in section 342.01, subdivision | |
| 6822 | - | 211.24. | |
| 6823 | - | 211.3 (d) "Adult-use cannabis flower" has the meaning given in section 342.01, subdivision | |
| 6824 | - | 211.43. | |
| 6825 | - | 211.5 Subd. 2.Negotiations authorized.Following a public hearing, the governor or the | |
| 6826 | - | 211.6governor's designated representatives are authorized to negotiate in good faith a compact | |
| 6827 | - | 211.7with an Indian Tribe regulating adult-use cannabis flower and adult-use cannabis products. | |
| 6828 | - | 211.8The attorney general is the legal counsel for the governor or the governor's representatives | |
| 6829 | - | 211.9in regard to negotiating a compact under this section. If the governor appoints designees to | |
| 6830 | - | 211.10negotiate under this subdivision, the designees must include at least two members of the | |
| 6831 | - | 211.11senate and two members of the house of representatives, two of whom must be the chairs | |
| 6832 | - | 211.12of the senate and house of representatives standing committees with jurisdiction over health | |
| 6833 | - | 211.13policy. | |
| 6834 | - | 211.14 Subd. 3.Terms of compact; rights of parties.(a) A compact agreed to under this | |
| 6835 | - | 211.15section may address any issues related to adult-use cannabis flower and adult-use cannabis | |
| 6836 | - | 211.16products that affect the interests of both the state and Indian Tribe or otherwise have an | |
| 6837 | - | 211.17impact on Tribal-state relations. At a minimum, a compact agreed to on behalf of the state | |
| 6838 | - | 211.18under this section must address: | |
| 6839 | - | 211.19 (1) the enforcement of criminal and civil laws; | |
| 6840 | - | 211.20 (2) the regulation of the commercial production, processing, sale or distribution, and | |
| 6841 | - | 211.21possession of adult-use cannabis flower and adult-use cannabis products; | |
| 6842 | - | 211.22 (3) medical and pharmaceutical research involving adult-use cannabis flower and | |
| 6843 | - | 211.23adult-use cannabis products; | |
| 6844 | - | 211.24 (4) the taxation of adult-use cannabis flower and adult-use cannabis products, including | |
| 6845 | - | 211.25establishing an appropriate amount and method of revenue sharing; | |
| 6846 | - | 211.26 (5) the immunities of an Indian Tribe or preemption of state law regarding the production, | |
| 6847 | - | 211.27processing, or sale or distribution of adult-use cannabis flower and adult-use cannabis | |
| 6848 | - | 211.28products; and | |
| 6849 | - | 211.29 (6) the method of resolution for disputes involving the compact, including the use of | |
| 6850 | - | 211.30mediation or other alternative dispute resolution processes and procedures. | |
| 6851 | - | 211.31 (b) In addressing the issues identified under paragraph (a), the governor or the governor's | |
| 6852 | - | 211.32designee shall only enter into agreements that: | |
| 6853 | - | 211Article 6 Sec. 2. | |
| 6854 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 212.1 (1) provide for the preservation of public health and safety; | |
| 6855 | - | 212.2 (2) ensure the security of production, processing, retail, and research facilities on Tribal | |
| 6856 | - | 212.3land; and | |
| 6857 | - | 212.4 (3) establish provisions regulating business involving adult-use cannabis flower and | |
| 6858 | - | 212.5adult-use cannabis products that pass between Tribal land and non-Tribal land in the state. | |
| 6859 | - | 212.6 Subd. 4.Assessments and charges.Notwithstanding any law to the contrary, any | |
| 6860 | - | 212.7compact agreed to under this section shall establish all taxes, fees, assessments, and other | |
| 6861 | - | 212.8charges related to the production, processing, sale or distribution, and possession of adult-use | |
| 6862 | - | 212.9cannabis flower and adult-use cannabis products. | |
| 6863 | - | 212.10 Subd. 5.Civil and criminal immunities.The following acts, when performed by a | |
| 6864 | - | 212.11validly licensed cannabis retailer or an employee of a cannabis retailer operated by an Indian | |
| 6865 | - | 212.12Tribe pursuant to a compact entered into under this section, do not constitute a criminal or | |
| 6866 | - | 212.13civil offense under state law: | |
| 6867 | - | 212.14 (1) the cultivation of cannabis flower, as defined in section 342.01, subdivision 15; | |
| 6868 | - | 212.15 (2) the possession, purchase, and receipt of adult-use cannabis flower and adult-use | |
| 6869 | - | 212.16cannabis products that are properly packaged and labeled as authorized under a compact | |
| 6870 | - | 212.17entered into pursuant to this section; and | |
| 6871 | - | 212.18 (3) the delivery, distribution, and sale of adult-use cannabis flower and adult-use cannabis | |
| 6872 | - | 212.19products as authorized under a compact entered into pursuant to this section and that takes | |
| 6873 | - | 212.20place on the premises of a medical cannabis retailer on Tribal land to any person 21 years | |
| 6874 | - | 212.21of age or older. | |
| 6875 | - | 212.22 Subd. 6.Publication; report.(a) The governor shall post any compact entered into | |
| 6876 | - | 212.23under this section on a publicly accessible website. | |
| 6877 | - | 212.24 (b) The governor, the attorney general, and the governor's designee shall report to the | |
| 6878 | - | 212.25legislative committees having jurisdiction over health, taxation, and commerce annually. | |
| 6879 | - | 212.26This report shall contain information on compacts negotiated and an outline of prospective | |
| 6880 | - | 212.27negotiations. | |
| 6881 | - | 212.28Sec. 3. Minnesota Statutes 2022, section 13.411, is amended by adding a subdivision to | |
| 6882 | - | 212.29read: | |
| 6883 | - | 212.30 Subd. 12.Cannabis businesses.Data submitted to the Office of Cannabis Management | |
| 6884 | - | 212.31for a cannabis business license and data relating to investigations and disciplinary proceedings | |
| 6885 | - | 212Article 6 Sec. 3. | |
| 6886 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 213.1involving cannabis businesses licensed by the Office of Cannabis Management are classified | |
| 6887 | - | 213.2under section 342.17, subdivision 6. | |
| 6888 | - | 213.3Sec. 4. Minnesota Statutes 2022, section 13.871, is amended by adding a subdivision to | |
| 6889 | - | 213.4read: | |
| 6890 | - | 213.5 Subd. 15.Cannabis Expungement Board records.Data collected, created, received, | |
| 6891 | - | 213.6maintained, or disseminated by the Cannabis Expungement Board are classified under | |
| 6892 | - | 213.7section 609A.06, subdivision 8. | |
| 6893 | - | 213.8Sec. 5. Minnesota Statutes 2022, section 16B.2975, subdivision 8, is amended to read: | |
| 6894 | - | 213.9 Subd. 8.Canine management.(a) The commissioner may give and convey to a canine's | |
| 6895 | - | 213.10handler the state's entirety of the right, title, interest, and estate in and to a canine who is | |
| 6896 | - | 213.11retired from service, with whom the handler trained and worked while the canine was in | |
| 6897 | - | 213.12service to the state. The handler is solely responsible for all future expenses related to the | |
| 6898 | - | 213.13retired canine. The commissioner must allow the handler an opportunity to accept the canine | |
| 6899 | - | 213.14before any other placement options are considered. | |
| 6900 | - | 213.15 (b) If the canine's handler does not accept the canine, the agency with ownership of the | |
| 6901 | - | 213.16canine must determine a home where the canine will be safe and well cared for and inform | |
| 6902 | - | 213.17the commissioner. The commissioner may give and convey the state's entirety of the right, | |
| 6903 | - | 213.18title, interest, and estate in and to a canine who is retired from service to the new owner. | |
| 6904 | - | 213.19The new owner is solely responsible for all future expenses related to the retired canine. | |
| 6905 | - | 213.20Sec. 6. Minnesota Statutes 2022, section 34A.01, is amended by adding a subdivision to | |
| 6596 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 203.1 Subd. 10.Resentencing.(a) If the Cannabis Expungement Board determined that a | |
| 6597 | + | 203.2person is eligible for resentencing to a lesser offense and the person is currently under | |
| 6598 | + | 203.3sentence, the court shall proceed as if the appellate court directed a reduction of the conviction | |
| 6599 | + | 203.4to an offense of lesser degree pursuant to rule 28.02, subdivision 12 of the Rules of Criminal | |
| 6600 | + | 203.5Procedure. | |
| 6601 | + | 203.6 (b) If the Cannabis Expungement Board determined that a person is eligible for | |
| 6602 | + | 203.7resentencing to a lesser offense and the person completed or has been discharged from the | |
| 6603 | + | 203.8sentence, the court may issue an order amending the conviction to an offense of lesser degree | |
| 6604 | + | 203.9without holding a hearing. | |
| 6605 | + | 203.10 EFFECTIVE DATE.This section is effective January 1, 2025. | |
| 6606 | + | 203.11Sec. 7. [609A.07] RESTORATION OF FIREARMS RIGHTS. | |
| 6607 | + | 203.12 Any person who is prohibited from possessing a firearm or ammunition based on a prior | |
| 6608 | + | 203.13adjudication or conviction for a cannabis-related offense who receives an expungement or | |
| 6609 | + | 203.14other relief under section 609A.05 or 609A.06 shall have their right to possess firearms and | |
| 6610 | + | 203.15ammunition restored if the person is otherwise eligible to possess the item. | |
| 6611 | + | 203.16 ARTICLE 6 | |
| 6612 | + | 203.17 MISCELLANEOUS PROVISIONS | |
| 6613 | + | 203.18Section 1. [3.9224] MEDICAL CANNABIS; COMPACTS TO BE NEGOTIATED. | |
| 6614 | + | 203.19 Subdivision 1.Definitions.(a) As used in this section, the following terms have the | |
| 6615 | + | 203.20meanings given. | |
| 6616 | + | 203.21 (b) "Indian Tribe" means a Tribe, band, nation, or other federally recognized group or | |
| 6617 | + | 203.22community of Indians located within the geographical boundaries of the state of Minnesota. | |
| 6618 | + | 203.23 (c) "Medical cannabinoid product" has the meaning given in section 342.01, subdivision | |
| 6619 | + | 203.2451. | |
| 6620 | + | 203.25 (d) "Medical cannabis flower" has the meaning given in section 342.01, subdivision 53. | |
| 6621 | + | 203.26 Subd. 2.Negotiations authorized.Following a public hearing, the governor or the | |
| 6622 | + | 203.27governor's designated representatives are authorized to negotiate in good faith a compact | |
| 6623 | + | 203.28with an Indian Tribe regulating medical cannabis flower and medical cannabinoid products. | |
| 6624 | + | 203.29The attorney general is the legal counsel for the governor or the governor's representatives | |
| 6625 | + | 203.30in regard to negotiating a compact under this section. If the governor appoints designees to | |
| 6626 | + | 203.31negotiate under this subdivision, the designees must include at least two members of the | |
| 6627 | + | 203Article 6 Section 1. | |
| 6628 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 204.1senate and two members of the house of representatives, two of whom must be the chairs | |
| 6629 | + | 204.2of the senate and house of representatives standing committees with jurisdiction over health | |
| 6630 | + | 204.3policy. | |
| 6631 | + | 204.4 Subd. 3.Terms of compact; rights of parties.(a) A compact agreed to under this | |
| 6632 | + | 204.5section may address any issues related to medical cannabis flower and medical cannabinoid | |
| 6633 | + | 204.6products that affect the interests of both the state and Indian Tribe or otherwise have an | |
| 6634 | + | 204.7impact on Tribal-state relations. At a minimum, a compact agreed to on behalf of the state | |
| 6635 | + | 204.8under this section must address: | |
| 6636 | + | 204.9 (1) the enforcement of criminal and civil laws; | |
| 6637 | + | 204.10 (2) the regulation of the commercial production, processing, sale or distribution, and | |
| 6638 | + | 204.11possession of medical cannabis flower and medical cannabinoid products; | |
| 6639 | + | 204.12 (3) medical and pharmaceutical research involving medical cannabis flower and medical | |
| 6640 | + | 204.13cannabinoid products; | |
| 6641 | + | 204.14 (4) the taxation of medical cannabis flower and medical cannabinoid products, including | |
| 6642 | + | 204.15establishing an appropriate amount and method of revenue sharing; | |
| 6643 | + | 204.16 (5) the immunities of an Indian Tribe or preemption of state law regarding the production, | |
| 6644 | + | 204.17processing, or sale or distribution of medical cannabis flower and medical cannabinoid | |
| 6645 | + | 204.18products; and | |
| 6646 | + | 204.19 (6) the method of resolution for disputes involving the compact, including the use of | |
| 6647 | + | 204.20mediation or other alternative dispute resolution processes and procedures. | |
| 6648 | + | 204.21 (b) In addressing the issues identified under paragraph (a), the governor or the governor's | |
| 6649 | + | 204.22designated representatives shall only enter into agreements that: | |
| 6650 | + | 204.23 (1) provide for the preservation of public health and safety; | |
| 6651 | + | 204.24 (2) ensure the security of production, processing, retail, and research facilities on Tribal | |
| 6652 | + | 204.25land; and | |
| 6653 | + | 204.26 (3) establish provisions regulating business involving medical cannabis flower and | |
| 6654 | + | 204.27medical cannabinoid products that pass between Tribal land and non-Tribal land in the state. | |
| 6655 | + | 204.28 Subd. 4.Assessments and charges.Notwithstanding any law to the contrary, any | |
| 6656 | + | 204.29compact agreed to under this section shall establish all taxes, fees, assessments, and other | |
| 6657 | + | 204.30charges related to the production, processing, sale or distribution, and possession of medical | |
| 6658 | + | 204.31cannabis flower and medical cannabinoid products. | |
| 6659 | + | 204Article 6 Section 1. | |
| 6660 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 205.1 Subd. 5.Civil and criminal immunities.The following acts, when performed by a | |
| 6661 | + | 205.2validly licensed medical cannabis retailer or an employee of a medical cannabis retailer | |
| 6662 | + | 205.3operated by an Indian Tribe pursuant to a compact entered into under this section, do not | |
| 6663 | + | 205.4constitute a criminal or civil offense under state law: | |
| 6664 | + | 205.5 (1) the cultivation of cannabis flower, as defined in section 342.01, subdivision 16; | |
| 6665 | + | 205.6 (2) the possession, purchase, and receipt of medical cannabis flower and medical | |
| 6666 | + | 205.7cannabinoid products that are properly packaged and labeled as authorized under a compact | |
| 6667 | + | 205.8entered into pursuant to this section; and | |
| 6668 | + | 205.9 (3) the delivery, distribution, and sale of medical cannabis flower and medical cannabinoid | |
| 6669 | + | 205.10products as authorized under a compact entered into pursuant to this section and that takes | |
| 6670 | + | 205.11place on the premises of a medical cannabis retailer on Tribal land to any person 21 years | |
| 6671 | + | 205.12of age or older. | |
| 6672 | + | 205.13 Subd. 6.Publication; report.(a) The governor shall post any compact entered into | |
| 6673 | + | 205.14under this section on a publicly accessible website. | |
| 6674 | + | 205.15 (b) The governor, the attorney general, and the governor's designated representatives | |
| 6675 | + | 205.16shall report to the legislative committees having jurisdiction over health, taxation, and | |
| 6676 | + | 205.17commerce annually. This report shall contain information on compacts negotiated and an | |
| 6677 | + | 205.18outline of prospective negotiations. | |
| 6678 | + | 205.19Sec. 2. [3.9228] ADULT-USE CANNABIS; COMPACTS TO BE NEGOTIATED. | |
| 6679 | + | 205.20 Subdivision 1.Definitions.(a) As used in this section, the following terms have the | |
| 6680 | + | 205.21meanings given. | |
| 6681 | + | 205.22 (b) "Indian Tribe" means a Tribe, band, nation, or other federally recognized group or | |
| 6682 | + | 205.23community of Indians located within the geographical boundaries of the state of Minnesota. | |
| 6683 | + | 205.24 (c) "Adult-use cannabinoid product" has the meaning given in section 342.01, subdivision | |
| 6684 | + | 205.252. | |
| 6685 | + | 205.26 (d) "Adult-use cannabis flower" has the meaning given in section 342.01, subdivision | |
| 6686 | + | 205.274. | |
| 6687 | + | 205.28 Subd. 2.Negotiations authorized.Following a public hearing, the governor or the | |
| 6688 | + | 205.29governor's designated representatives are authorized to negotiate in good faith a compact | |
| 6689 | + | 205.30with an Indian Tribe regulating adult-use cannabis flower and adult-use cannabinoid products. | |
| 6690 | + | 205.31The attorney general is the legal counsel for the governor or the governor's representatives | |
| 6691 | + | 205.32in regard to negotiating a compact under this section. If the governor appoints designees to | |
| 6692 | + | 205Article 6 Sec. 2. | |
| 6693 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 206.1negotiate under this subdivision, the designees must include at least two members of the | |
| 6694 | + | 206.2senate and two members of the house of representatives, two of whom must be the chairs | |
| 6695 | + | 206.3of the senate and house of representatives standing committees with jurisdiction over health | |
| 6696 | + | 206.4policy. | |
| 6697 | + | 206.5 Subd. 3.Terms of compact; rights of parties.(a) A compact agreed to under this | |
| 6698 | + | 206.6section may address any issues related to adult-use cannabis flower and adult-use cannabinoid | |
| 6699 | + | 206.7products that affect the interests of both the state and Indian Tribe or otherwise have an | |
| 6700 | + | 206.8impact on Tribal-state relations. At a minimum, a compact agreed to on behalf of the state | |
| 6701 | + | 206.9under this section must address: | |
| 6702 | + | 206.10 (1) the enforcement of criminal and civil laws; | |
| 6703 | + | 206.11 (2) the regulation of the commercial production, processing, sale or distribution, and | |
| 6704 | + | 206.12possession of adult-use cannabis flower and adult-use cannabinoid products; | |
| 6705 | + | 206.13 (3) medical and pharmaceutical research involving adult-use cannabis flower and | |
| 6706 | + | 206.14adult-use cannabinoid products; | |
| 6707 | + | 206.15 (4) the taxation of adult-use cannabis flower and adult-use cannabinoid products, | |
| 6708 | + | 206.16including establishing an appropriate amount and method of revenue sharing; | |
| 6709 | + | 206.17 (5) the immunities of an Indian Tribe or preemption of state law regarding the production, | |
| 6710 | + | 206.18processing, or sale or distribution of adult-use cannabis flower and adult-use cannabinoid | |
| 6711 | + | 206.19products; and | |
| 6712 | + | 206.20 (6) the method of resolution for disputes involving the compact, including the use of | |
| 6713 | + | 206.21mediation or other alternative dispute resolution processes and procedures. | |
| 6714 | + | 206.22 (b) In addressing the issues identified under paragraph (a), the governor or the governor's | |
| 6715 | + | 206.23designee shall only enter into agreements that: | |
| 6716 | + | 206.24 (1) provide for the preservation of public health and safety; | |
| 6717 | + | 206.25 (2) ensure the security of production, processing, retail, and research facilities on Tribal | |
| 6718 | + | 206.26land; and | |
| 6719 | + | 206.27 (3) establish provisions regulating business involving adult-use cannabis flower and | |
| 6720 | + | 206.28adult-use cannabinoid products that pass between Tribal land and non-Tribal land in the | |
| 6721 | + | 206.29state. | |
| 6722 | + | 206.30 Subd. 4.Assessments and charges.Notwithstanding any law to the contrary, any | |
| 6723 | + | 206.31compact agreed to under this section shall establish all taxes, fees, assessments, and other | |
| 6724 | + | 206Article 6 Sec. 2. | |
| 6725 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 207.1charges related to the production, processing, sale or distribution, and possession of adult-use | |
| 6726 | + | 207.2cannabis flower and adult-use cannabinoid products. | |
| 6727 | + | 207.3 Subd. 5.Civil and criminal immunities.The following acts, when performed by a | |
| 6728 | + | 207.4validly licensed cannabis retailer or an employee of a cannabis retailer operated by an Indian | |
| 6729 | + | 207.5Tribe pursuant to a compact entered into under this section, do not constitute a criminal or | |
| 6730 | + | 207.6civil offense under state law: | |
| 6731 | + | 207.7 (1) the cultivation of cannabis flower, as defined in section 342.01, subdivision 16; | |
| 6732 | + | 207.8 (2) the possession, purchase, and receipt of adult-use cannabis flower and adult-use | |
| 6733 | + | 207.9cannabinoid products that are properly packaged and labeled as authorized under a compact | |
| 6734 | + | 207.10entered into pursuant to this section; and | |
| 6735 | + | 207.11 (3) the delivery, distribution, and sale of adult-use cannabis flower and adult-use | |
| 6736 | + | 207.12cannabinoid products as authorized under a compact entered into pursuant to this section | |
| 6737 | + | 207.13and that takes place on the premises of a medical cannabis retailer on Tribal land to any | |
| 6738 | + | 207.14person 21 years of age or older. | |
| 6739 | + | 207.15 Subd. 6.Publication; report.(a) The governor shall post any compact entered into | |
| 6740 | + | 207.16under this section on a publicly accessible website. | |
| 6741 | + | 207.17 (b) The governor, the attorney general, and the governor's designee shall report to the | |
| 6742 | + | 207.18legislative committees having jurisdiction over health, taxation, and commerce annually. | |
| 6743 | + | 207.19This report shall contain information on compacts negotiated and an outline of prospective | |
| 6744 | + | 207.20negotiations. | |
| 6745 | + | 207.21Sec. 3. Minnesota Statutes 2022, section 13.411, is amended by adding a subdivision to | |
| 6746 | + | 207.22read: | |
| 6747 | + | 207.23 Subd. 12.Cannabis businesses.Data submitted to the Office of Cannabis Management | |
| 6748 | + | 207.24for a cannabis business license and data relating to investigations and disciplinary proceedings | |
| 6749 | + | 207.25involving cannabis businesses licensed by the Office of Cannabis Management are classified | |
| 6750 | + | 207.26under section 342.17, subdivision 6. | |
| 6751 | + | 207.27Sec. 4. Minnesota Statutes 2022, section 13.871, is amended by adding a subdivision to | |
| 6752 | + | 207.28read: | |
| 6753 | + | 207.29 Subd. 15.Cannabis Expungement Board records.Data collected, created, received, | |
| 6754 | + | 207.30maintained, or disseminated by the Cannabis Expungement Board are classified under | |
| 6755 | + | 207.31section 609A.06, subdivision 8. | |
| 6756 | + | 207Article 6 Sec. 4. | |
| 6757 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 208.1Sec. 5. Minnesota Statutes 2022, section 16B.2975, subdivision 8, is amended to read: | |
| 6758 | + | 208.2 Subd. 8.Canine management.(a) The commissioner may give and convey to a canine's | |
| 6759 | + | 208.3handler the state's entirety of the right, title, interest, and estate in and to a canine who is | |
| 6760 | + | 208.4retired from service, with whom the handler trained and worked while the canine was in | |
| 6761 | + | 208.5service to the state. The handler is solely responsible for all future expenses related to the | |
| 6762 | + | 208.6retired canine. The commissioner must allow the handler an opportunity to accept the canine | |
| 6763 | + | 208.7before any other placement options are considered. | |
| 6764 | + | 208.8 (b) If the canine's handler does not accept the canine, the agency with ownership of the | |
| 6765 | + | 208.9canine must determine a home where the canine will be safe and well cared for and inform | |
| 6766 | + | 208.10the commissioner. The commissioner may give and convey the state's entirety of the right, | |
| 6767 | + | 208.11title, interest, and estate in and to a canine who is retired from service to the new owner. | |
| 6768 | + | 208.12The new owner is solely responsible for all future expenses related to the retired canine. | |
| 6769 | + | 208.13Sec. 6. Minnesota Statutes 2022, section 34A.01, subdivision 4, is amended to read: | |
| 6770 | + | 208.14 Subd. 4.Food."Food" means every ingredient used for, entering into the consumption | |
| 6771 | + | 208.15of, or used or intended for use in the preparation of food, drink, confectionery, or condiment | |
| 6772 | + | 208.16for humans or other animals, whether simple, mixed, or compound; and articles used as | |
| 6773 | + | 208.17components of these ingredients, except that edible cannabinoid products, as defined in | |
| 6774 | + | 208.18section 151.72, subdivision 1, paragraph (c) 342.01, subdivision 29, are not food. | |
| 6775 | + | 208.19 EFFECTIVE DATE.This section is effective July 1, 2024. | |
| 6776 | + | 208.20Sec. 7. Minnesota Statutes 2022, section 97B.065, subdivision 1, is amended to read: | |
| 6777 | + | 208.21 Subdivision 1.Acts prohibited.(a) A person may not take wild animals with a firearm | |
| 6778 | + | 208.22or by archery: | |
| 6779 | + | 208.23 (1) when the person is under the influence of alcohol; | |
| 6780 | + | 208.24 (2) when the person is under the influence of a controlled substance, as defined in section | |
| 6781 | + | 208.25152.01 169A.03, subdivision 4 6; | |
| 6782 | + | 208.26 (3) when the person is under the influence of a combination of any two or more of the | |
| 6783 | + | 208.27elements in clauses (1) and (2); | |
| 6784 | + | 208.28 (4) when the person's alcohol concentration is 0.08 or more; | |
| 6785 | + | 208.29 (5) when the person's alcohol concentration as measured within two hours of the time | |
| 6786 | + | 208.30of taking is 0.08 or more; or | |
| 6787 | + | 208Article 6 Sec. 7. | |
| 6788 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 209.1 (6) when the person is under the influence of an intoxicating substance as defined in | |
| 6789 | + | 209.2section 169A.03, subdivision 11a, and the person knows or has reason to know that the | |
| 6790 | + | 209.3substance has the capacity to cause impairment. | |
| 6791 | + | 209.4 (b) An owner or other person having charge or control of a firearm or bow may not | |
| 6792 | + | 209.5authorize or permit an individual the person knows or has reason to believe is under the | |
| 6793 | + | 209.6influence of alcohol or a controlled substance, as provided under paragraph (a), to possess | |
| 6794 | + | 209.7the firearm or bow in this state or on a boundary water of this state. | |
| 6795 | + | 209.8 (c) A person may not possess a loaded or uncased firearm or an uncased bow afield | |
| 6796 | + | 209.9under any of the conditions in paragraph (a). | |
| 6797 | + | 209.10 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6798 | + | 209.11committed on or after that date. | |
| 6799 | + | 209.12Sec. 8. Minnesota Statutes 2022, section 97B.066, is amended by adding a subdivision to | |
| 6800 | + | 209.13read: | |
| 6801 | + | 209.14 Subd. 12.Definition.As used in this section, "controlled substance" has the meaning | |
| 6802 | + | 209.15given in section 169A.03, subdivision 6. | |
| 6803 | + | 209.16 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6804 | + | 209.17committed on or after that date. | |
| 6805 | + | 209.18Sec. 9. [120B.215] EDUCATION ON CANNABIS USE AND SUBSTANCE USE. | |
| 6806 | + | 209.19 Subdivision 1.Model program.The commissioner of education, in consultation with | |
| 6807 | + | 209.20the commissioners of health and human services, local district and school health education | |
| 6808 | + | 209.21specialists, and other qualified experts, shall identify one or more model programs that may | |
| 6809 | + | 209.22be used to educate middle school and high school students on the health effects on children | |
| 6810 | + | 209.23and adolescents of cannabis use and substance use consistent with local standards as required | |
| 6811 | + | 209.24in section 120B.021, subdivision 1, paragraph (a), clause (6), for elementary and secondary | |
| 6812 | + | 209.25school students. The commissioner must publish a list of model programs that include | |
| 6813 | + | 209.26written materials, curriculum resources, and training for instructors by June 1, 2025. A | |
| 6814 | + | 209.27model program identified by the commissioner must be medically accurate, age and | |
| 6815 | + | 209.28developmentally appropriate, culturally inclusive, and grounded in science, and must address: | |
| 6816 | + | 209.29 (1) the physical and mental health effects of cannabis use and substance use by children, | |
| 6817 | + | 209.30adolescents, and persons under 25 years of age, including effects on the developing brains | |
| 6818 | + | 209.31of children, adolescents, and persons under 25 years of age; | |
| 6819 | + | 209.32 (2) unsafe or unhealthy behaviors associated with cannabis use and substance use; | |
| 6820 | + | 209Article 6 Sec. 9. | |
| 6821 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 210.1 (3) signs of substance use disorders; | |
| 6822 | + | 210.2 (4) treatment options; and | |
| 6823 | + | 210.3 (5) healthy coping strategies for children and adolescents. | |
| 6824 | + | 210.4 Subd. 2.School programs.(a) Starting in the 2026-2027 school year, a school district | |
| 6825 | + | 210.5or charter school must implement a comprehensive education program on cannabis use and | |
| 6826 | + | 210.6substance use for students in middle school and high school. The program must include | |
| 6827 | + | 210.7instruction on the topics listed in subdivision 1 and must: | |
| 6828 | + | 210.8 (1) respect community values and encourage students to communicate with parents, | |
| 6829 | + | 210.9guardians, and other trusted adults about cannabis use and substance use; and | |
| 6830 | + | 210.10 (2) refer students to local resources where students may obtain medically accurate | |
| 6831 | + | 210.11information about cannabis use and substance use, and treatment for a substance use disorder. | |
| 6832 | + | 210.12 (b) District efforts to develop, implement, or improve instruction or curriculum as a | |
| 6833 | + | 210.13result of the provisions of this section must be consistent with sections 120B.10 and 120B.11. | |
| 6834 | + | 210.14 Subd. 3.Parental review.Notwithstanding any law to the contrary, each school district | |
| 6835 | + | 210.15shall have a procedure for a parent, a guardian, or an adult student 18 years of age or older | |
| 6836 | + | 210.16to review the content of the instructional materials to be provided to a minor child or to an | |
| 6837 | + | 210.17adult student pursuant to this section. The district or charter school must allow a parent or | |
| 6838 | + | 210.18adult student to opt out of instruction under this section with no academic or other penalty | |
| 6839 | + | 210.19for the student and must inform parents and adult students of this right to opt out. | |
| 6840 | + | 210.20 Subd. 4.Youth council.A school district or charter school may establish one or more | |
| 6841 | + | 210.21youth councils in which student members of the council receive education and training on | |
| 6842 | + | 210.22cannabis use and substance use and provide peer-to-peer education on these topics. | |
| 6843 | + | 210.23Sec. 10. [144.196] CANNABIS DATA COLLECTION AND BIENNIAL REPORTS. | |
| 6844 | + | 210.24 Subdivision 1.General.The commissioner of health shall engage in research and data | |
| 6845 | + | 210.25collection activities to measure the prevalence of cannabis flower use and the use of | |
| 6846 | + | 210.26cannabinoid products in the state by persons under 21 years of age and by persons 21 years | |
| 6847 | + | 210.27of age or older, and the trends in hospital-treated cannabis poisoning and adverse events. | |
| 6848 | + | 210.28In order to collect data, the commissioner may modify existing data collection tools used | |
| 6849 | + | 210.29by the department or other state agencies or may establish one or more new data collection | |
| 6850 | + | 210.30tools. | |
| 6851 | + | 210.31 Subd. 2.Statewide assessment; baseline data; updates.(a) The commissioner shall | |
| 6852 | + | 210.32conduct a statewide assessment to establish a baseline for the prevalence of cannabis flower | |
| 6853 | + | 210Article 6 Sec. 10. | |
| 6854 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 211.1use and the use of cannabis products in the state, and the trends in hospital-treated cannabis | |
| 6855 | + | 211.2poisoning and adverse events broken out by: | |
| 6856 | + | 211.3 (1) the current age of the customer; | |
| 6857 | + | 211.4 (2) the age at which the customer began consuming cannabis flower or cannabis products; | |
| 6858 | + | 211.5 (3) whether the customer consumes cannabis flower or cannabis products, and by type | |
| 6859 | + | 211.6of cannabis product that the customer consumes, if applicable; | |
| 6860 | + | 211.7 (4) the amount of cannabis flower or cannabis product typically consumed at one time; | |
| 6861 | + | 211.8 (5) the typical frequency of consumption; and | |
| 6862 | + | 211.9 (6) other criteria specified by the commissioner. | |
| 6863 | + | 211.10 (b) The initial assessment must be completed by July 1, 2024. The commissioner shall | |
| 6864 | + | 211.11collect updated data under this subdivision at least every two years thereafter. | |
| 6865 | + | 211.12 Subd. 3.Reports.Beginning January 1, 2025, and every two years thereafter, the | |
| 6866 | + | 211.13commissioner shall issue a public report on the prevalence of cannabis flower use and the | |
| 6867 | + | 211.14use of cannabis products in the state by persons under age 21 and by persons age 21 or | |
| 6868 | + | 211.15older, and the trends in hospital-treated cannabis poisoning and adverse events. The report | |
| 6869 | + | 211.16may include recommendations from the commissioner for changes to this chapter that would | |
| 6870 | + | 211.17discourage or prevent personal use of cannabis flower or cannabis products by persons | |
| 6871 | + | 211.18under age 21, that would discourage personal use of cannabis flower or cannabis products | |
| 6872 | + | 211.19by pregnant or breastfeeding individuals, that would prevent access to cannabis flower or | |
| 6873 | + | 211.20cannabis products by young children, or that would otherwise promote public health. | |
| 6874 | + | 211.21Sec. 11. [144.197] CANNABIS EDUCATION PROGRAMS. | |
| 6875 | + | 211.22 Subdivision 1.Youth education.The commissioner of health, in collaboration with | |
| 6876 | + | 211.23local health departments, shall conduct a long-term, coordinated education program to raise | |
| 6877 | + | 211.24public awareness about and address the top three adverse health effects, as determined by | |
| 6878 | + | 211.25the commissioner, associated with the use of cannabis flower or cannabis products by persons | |
| 6879 | + | 211.26under age 25. In conducting this education program, the commissioner shall engage and | |
| 6880 | + | 211.27consult with youth around the state on program content and on methods to effectively | |
| 6881 | + | 211.28disseminate program information to youth around the state. | |
| 6882 | + | 211.29 Subd. 2.Education for pregnant and breastfeeding individuals; individuals who | |
| 6883 | + | 211.30may become pregnant.The commissioner of health, in consultation with the commissioners | |
| 6884 | + | 211.31of human services and education, shall conduct a long-term, coordinated program to educate | |
| 6885 | + | 211.32pregnant individuals, breastfeeding individuals, and individuals who may become pregnant | |
| 6886 | + | 211Article 6 Sec. 11. | |
| 6887 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 212.1on the adverse health effects of prenatal exposure to cannabis flower or cannabis products | |
| 6888 | + | 212.2and on the adverse health effects experienced by infants and children who are exposed to | |
| 6889 | + | 212.3cannabis flower or cannabis products in breast milk, from secondhand smoke, or by ingesting | |
| 6890 | + | 212.4cannabis products. This education program must also educate individuals on what constitutes | |
| 6891 | + | 212.5a substance use disorder, signs of a substance use disorder, and treatment options for persons | |
| 6892 | + | 212.6with a substance use disorder. | |
| 6893 | + | 212.7 Subd. 3.Home visiting programs.The commissioner of health shall provide training, | |
| 6894 | + | 212.8technical assistance, and education materials to local public health home visiting programs, | |
| 6895 | + | 212.9Tribal home visiting programs, and child welfare workers regarding the safe and unsafe use | |
| 6896 | + | 212.10of cannabis flower or cannabis products in homes with infants and young children. Training, | |
| 6897 | + | 212.11technical assistance, and education materials shall address substance use, the signs of a | |
| 6898 | + | 212.12substance use disorder, treatment options for persons with a substance use disorder, the | |
| 6899 | + | 212.13dangers of driving under the influence of cannabis flower or cannabis products, how to | |
| 6900 | + | 212.14safely consume cannabis flower or cannabis products in homes with infants and young | |
| 6901 | + | 212.15children, and how to prevent infants and young children from being exposed to cannabis | |
| 6902 | + | 212.16flower or cannabis products by ingesting cannabis products or through secondhand smoke. | |
| 6903 | + | 212.17 Subd. 4.Local and Tribal health departments.The commissioner of health shall | |
| 6904 | + | 212.18distribute grants to local health departments and Tribal health departments for these | |
| 6905 | + | 212.19departments to create and disseminate educational materials on cannabis flower and cannabis | |
| 6906 | + | 212.20products and to provide safe use and prevention training, education, technical assistance, | |
| 6907 | + | 212.21and community engagement regarding cannabis flower and cannabis products. | |
| 6908 | + | 212.22Sec. 12. Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to | |
| 6909 | + | 212.23read: | |
| 6910 | + | 212.24 Subd. 5d.Indian lands.(a) "Indian lands" means all lands within the limits of any Indian | |
| 6911 | + | 212.25reservation within the boundaries of Minnesota and any lands within the boundaries of | |
| 6912 | + | 212.26Minnesota title to which are either held in trust by the United States or over which an Indian | |
| 6913 | + | 212.27Tribe exercises governmental power. | |
| 6914 | + | 212.28 (b) This subdivision expires January 1, 2024. | |
| 6915 | + | 212.29Sec. 13. Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to | |
| 6916 | + | 212.30read: | |
| 6917 | + | 212.31 Subd. 15.Tribal medical cannabis board.(a) "Tribal medical cannabis board" means | |
| 6918 | + | 212.32an agency established by each federally recognized Tribal government and duly authorized | |
| 6919 | + | 212Article 6 Sec. 13. | |
| 6920 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 213.1by that Tribe's governing body to perform regulatory oversight and monitor compliance | |
| 6921 | + | 213.2with a Tribal medical cannabis program and applicable regulations. | |
| 6922 | + | 213.3 (b) This subdivision expires January 1, 2024. | |
| 6923 | + | 213.4Sec. 14. Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to | |
| 6924 | + | 213.5read: | |
| 6925 | + | 213.6 Subd. 16.Tribal medical cannabis program.(a) "Tribal medical cannabis program" | |
| 6926 | + | 213.7means a program established by a federally recognized Tribal government within the | |
| 6927 | + | 213.8boundaries of Minnesota regarding the commercial production, processing, sale or | |
| 6928 | + | 213.9distribution, and possession of medical cannabis and medical cannabis products. | |
| 6929 | + | 213.10 (b) This subdivision expires January 1, 2024. | |
| 6930 | + | 213.11Sec. 15. Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to | |
| 6931 | + | 213.12read: | |
| 6932 | + | 213.13 Subd. 17.Tribal medical cannabis program manufacturer.(a)"Tribal medical cannabis | |
| 6933 | + | 213.14program manufacturer" means an entity designated by a Tribal medical cannabis board | |
| 6934 | + | 213.15within the boundaries of Minnesota or a federally recognized Tribal government within the | |
| 6935 | + | 213.16boundaries of Minnesota to engage in production, processing, and sale or distribution of | |
| 6936 | + | 213.17medical cannabis and medical cannabis products under that Tribe's Tribal medical cannabis | |
| 6937 | + | 213.18program. | |
| 6938 | + | 213.19 (b) This subdivision expires January 1, 2024. | |
| 6939 | + | 213.20Sec. 16. Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to | |
| 6906 | 6940 | 213.21read: | |
| 6907 | - | 213.22 Subd. 4a.Food."Food" means every ingredient used for, entering into the consumption | |
| 6908 | - | 213.23of, or used or intended for use in the preparation of food, drink, confectionery, or condiment | |
| 6909 | - | 213.24for humans or other animals, whether simple, mixed, or compound; and articles used as | |
| 6910 | - | 213.25components of these ingredients, except that edible cannabis products, as defined in section | |
| 6911 | - | 213.26342.01, subdivision 29, and lower-potency hemp edibles, as defined in section 342.01, | |
| 6912 | - | 213.27subdivision 49, are not food. | |
| 6913 | - | 213.28 EFFECTIVE DATE.This section is effective July 1, 2024. | |
| 6914 | - | 213.29Sec. 7. Minnesota Statutes 2022, section 97B.065, subdivision 1, is amended to read: | |
| 6915 | - | 213.30 Subdivision 1.Acts prohibited.(a) A person may not take wild animals with a firearm | |
| 6916 | - | 213.31or by archery: | |
| 6917 | - | 213Article 6 Sec. 7. | |
| 6918 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 214.1 (1) when the person is under the influence of alcohol; | |
| 6919 | - | 214.2 (2) when the person is under the influence of a controlled substance, as defined in section | |
| 6920 | - | 214.3152.01 169A.03, subdivision 4 6; | |
| 6921 | - | 214.4 (3) when the person is under the influence of a combination of any two or more of the | |
| 6922 | - | 214.5elements in clauses (1) and (2); | |
| 6923 | - | 214.6 (4) when the person's alcohol concentration is 0.08 or more; | |
| 6924 | - | 214.7 (5) when the person's alcohol concentration as measured within two hours of the time | |
| 6925 | - | 214.8of taking is 0.08 or more; or | |
| 6926 | - | 214.9 (6) when the person is under the influence of an intoxicating substance as defined in | |
| 6927 | - | 214.10section 169A.03, subdivision 11a, and the person knows or has reason to know that the | |
| 6928 | - | 214.11substance has the capacity to cause impairment. | |
| 6929 | - | 214.12 (b) An owner or other person having charge or control of a firearm or bow may not | |
| 6930 | - | 214.13authorize or permit an individual the person knows or has reason to believe is under the | |
| 6931 | - | 214.14influence of alcohol or a controlled substance, as provided under paragraph (a), to possess | |
| 6932 | - | 214.15the firearm or bow in this state or on a boundary water of this state. | |
| 6933 | - | 214.16 (c) A person may not possess a loaded or uncased firearm or an uncased bow afield | |
| 6934 | - | 214.17under any of the conditions in paragraph (a). | |
| 6935 | - | 214.18 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6936 | - | 214.19committed on or after that date. | |
| 6937 | - | 214.20Sec. 8. Minnesota Statutes 2022, section 97B.066, is amended by adding a subdivision to | |
| 6938 | - | 214.21read: | |
| 6939 | - | 214.22 Subd. 12.Definition.As used in this section, "controlled substance" has the meaning | |
| 6940 | - | 214.23given in section 169A.03, subdivision 6. | |
| 6941 | - | 214.24 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 6942 | - | 214.25committed on or after that date. | |
| 6943 | - | 214.26Sec. 9. [120B.215] EDUCATION ON CANNABIS USE AND SUBSTANCE USE. | |
| 6944 | - | 214.27 Subdivision 1.Model program.The commissioner of education, in consultation with | |
| 6945 | - | 214.28the commissioners of health and human services, local district and school health education | |
| 6946 | - | 214.29specialists, and other qualified experts, shall identify one or more model programs that may | |
| 6947 | - | 214.30be used to educate middle school and high school students on the health effects on children | |
| 6948 | - | 214.31and adolescents of cannabis use and substance use consistent with local standards as required | |
| 6949 | - | 214Article 6 Sec. 9. | |
| 6950 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 215.1in section 120B.021, subdivision 1, paragraph (a), clause (6), for elementary and secondary | |
| 6951 | - | 215.2school students. The commissioner must publish a list of model programs that include | |
| 6952 | - | 215.3written materials, curriculum resources, and training for instructors by June 1, 2025. A | |
| 6953 | - | 215.4model program identified by the commissioner must be medically accurate, age and | |
| 6954 | - | 215.5developmentally appropriate, culturally inclusive, and grounded in science, and must address: | |
| 6955 | - | 215.6 (1) the physical and mental health effects of cannabis use and substance use by children, | |
| 6956 | - | 215.7adolescents, and persons under 25 years of age, including effects on the developing brains | |
| 6957 | - | 215.8of children, adolescents, and persons under 25 years of age; | |
| 6958 | - | 215.9 (2) unsafe or unhealthy behaviors associated with cannabis use and substance use; | |
| 6959 | - | 215.10 (3) signs of substance use disorders; | |
| 6960 | - | 215.11 (4) treatment options; and | |
| 6961 | - | 215.12 (5) healthy coping strategies for children and adolescents. | |
| 6962 | - | 215.13 Subd. 2.School programs.(a) Starting in the 2026-2027 school year, a school district | |
| 6963 | - | 215.14or charter school must implement a comprehensive education program on cannabis use and | |
| 6964 | - | 215.15substance use for students in middle school and high school. The program must include | |
| 6965 | - | 215.16instruction on the topics listed in subdivision 1 and must: | |
| 6966 | - | 215.17 (1) respect community values and encourage students to communicate with parents, | |
| 6967 | - | 215.18guardians, and other trusted adults about cannabis use and substance use; and | |
| 6968 | - | 215.19 (2) refer students to local resources where students may obtain medically accurate | |
| 6969 | - | 215.20information about cannabis use and substance use, and treatment for a substance use disorder. | |
| 6970 | - | 215.21 (b) District efforts to develop, implement, or improve instruction or curriculum as a | |
| 6971 | - | 215.22result of the provisions of this section must be consistent with sections 120B.10 and 120B.11. | |
| 6972 | - | 215.23 Subd. 3.Parental review.Notwithstanding any law to the contrary, each school district | |
| 6973 | - | 215.24shall have a procedure for a parent, a guardian, or an adult student 18 years of age or older | |
| 6974 | - | 215.25to review the content of the instructional materials to be provided to a minor child or to an | |
| 6975 | - | 215.26adult student pursuant to this section. The district or charter school must allow a parent or | |
| 6976 | - | 215.27adult student to opt out of instruction under this section with no academic or other penalty | |
| 6977 | - | 215.28for the student and must inform parents and adult students of this right to opt out. | |
| 6978 | - | 215.29 Subd. 4.Youth council.A school district or charter school may establish one or more | |
| 6979 | - | 215.30youth councils in which student members of the council receive education and training on | |
| 6980 | - | 215.31cannabis use and substance use and provide peer-to-peer education on these topics. | |
| 6981 | - | 215Article 6 Sec. 9. | |
| 6982 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 216.1Sec. 10. [144.196] CANNABIS DATA COLLECTION AND BIENNIAL REPORTS. | |
| 6983 | - | 216.2 Subdivision 1.General.The commissioner of health shall engage in research and data | |
| 6984 | - | 216.3collection activities to measure the prevalence of cannabis flower and cannabis product use | |
| 6985 | - | 216.4in the state by persons under 21 years of age and by persons 21 years of age or older, and | |
| 6986 | - | 216.5the trends in hospital-treated cannabis poisoning and adverse events. In order to collect data, | |
| 6987 | - | 216.6the commissioner may modify existing data collection tools used by the department or other | |
| 6988 | - | 216.7state agencies or may establish one or more new data collection tools. | |
| 6989 | - | 216.8 Subd. 2.Statewide assessment; baseline data; updates.(a) The commissioner shall | |
| 6990 | - | 216.9conduct a statewide assessment to establish a baseline for the prevalence of cannabis flower | |
| 6991 | - | 216.10and cannabis product use in the state, and the trends in hospital-treated cannabis poisoning | |
| 6992 | - | 216.11and adverse events broken out by: | |
| 6993 | - | 216.12 (1) the current age of the customer; | |
| 6994 | - | 216.13 (2) the age at which the customer began consuming cannabis flower or cannabis products; | |
| 6995 | - | 216.14 (3) whether the customer consumes cannabis flower or cannabis products, and by type | |
| 6996 | - | 216.15of cannabis product that the customer consumes, if applicable; | |
| 6997 | - | 216.16 (4) the amount of cannabis flower or cannabis product typically consumed at one time; | |
| 6998 | - | 216.17 (5) the typical frequency of consumption; and | |
| 6999 | - | 216.18 (6) other criteria specified by the commissioner. | |
| 7000 | - | 216.19 (b) The initial assessment must be completed by July 1, 2024. The commissioner shall | |
| 7001 | - | 216.20collect updated data under this subdivision at least every two years thereafter. | |
| 7002 | - | 216.21 Subd. 3.Reports.Beginning January 1, 2025, and every two years thereafter, the | |
| 7003 | - | 216.22commissioner shall issue a public report on the prevalence of cannabis flower use and the | |
| 7004 | - | 216.23use of cannabis products in the state by persons under age 21 and by persons age 21 or | |
| 7005 | - | 216.24older, and the trends in hospital-treated cannabis poisoning and adverse events. The report | |
| 7006 | - | 216.25may include recommendations from the commissioner for changes to this chapter that would | |
| 7007 | - | 216.26discourage or prevent personal use of cannabis flower or cannabis products by persons | |
| 7008 | - | 216.27under age 21, that would discourage personal use of cannabis flower or cannabis products | |
| 7009 | - | 216.28by pregnant or breastfeeding individuals, that would prevent access to cannabis flower or | |
| 7010 | - | 216.29cannabis products by young children, or that would otherwise promote public health. | |
| 7011 | - | 216.30Sec. 11. [144.197] CANNABIS EDUCATION PROGRAMS. | |
| 7012 | - | 216.31 Subdivision 1.Youth education.The commissioner of health, in collaboration with | |
| 7013 | - | 216.32local health departments, shall conduct a long-term, coordinated education program to raise | |
| 7014 | - | 216Article 6 Sec. 11. | |
| 7015 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 217.1public awareness about and address the top three adverse health effects, as determined by | |
| 7016 | - | 217.2the commissioner, associated with the use of cannabis flower or cannabis products by persons | |
| 7017 | - | 217.3under age 25. In conducting this education program, the commissioner shall engage and | |
| 7018 | - | 217.4consult with youth around the state on program content and on methods to effectively | |
| 7019 | - | 217.5disseminate program information to youth around the state. | |
| 7020 | - | 217.6 Subd. 2.Education for pregnant and breastfeeding individuals; individuals who | |
| 7021 | - | 217.7may become pregnant.The commissioner of health, in consultation with the commissioners | |
| 7022 | - | 217.8of human services and education, shall conduct a long-term, coordinated program to educate | |
| 7023 | - | 217.9pregnant individuals, breastfeeding individuals, and individuals who may become pregnant | |
| 7024 | - | 217.10on the adverse health effects of prenatal exposure to cannabis flower or cannabis products | |
| 7025 | - | 217.11and on the adverse health effects experienced by infants and children who are exposed to | |
| 7026 | - | 217.12cannabis flower or cannabis products in breast milk, from secondhand smoke, or by ingesting | |
| 7027 | - | 217.13cannabis products. This education program must also educate individuals on what constitutes | |
| 7028 | - | 217.14a substance use disorder, signs of a substance use disorder, and treatment options for persons | |
| 7029 | - | 217.15with a substance use disorder. | |
| 7030 | - | 217.16 Subd. 3.Home visiting programs.The commissioner of health shall provide training, | |
| 7031 | - | 217.17technical assistance, and education materials to local public health home visiting programs, | |
| 7032 | - | 217.18Tribal home visiting programs, and child welfare workers regarding the safe and unsafe use | |
| 7033 | - | 217.19of cannabis flower or cannabis products in homes with infants and young children. Training, | |
| 7034 | - | 217.20technical assistance, and education materials shall address substance use, the signs of a | |
| 7035 | - | 217.21substance use disorder, treatment options for persons with a substance use disorder, the | |
| 7036 | - | 217.22dangers of driving under the influence of cannabis flower or cannabis products, how to | |
| 7037 | - | 217.23safely consume cannabis flower or cannabis products in homes with infants and young | |
| 7038 | - | 217.24children, and how to prevent infants and young children from being exposed to cannabis | |
| 7039 | - | 217.25flower or cannabis products by ingesting cannabis products or through secondhand smoke. | |
| 7040 | - | 217.26 Subd. 4.Local and Tribal health departments.The commissioner of health shall | |
| 7041 | - | 217.27distribute grants to local health departments and Tribal health departments for these | |
| 7042 | - | 217.28departments to create and disseminate educational materials on cannabis flower and cannabis | |
| 7043 | - | 217.29products and to provide safe use and prevention training, education, technical assistance, | |
| 7044 | - | 217.30and community engagement regarding cannabis flower and cannabis products. | |
| 7045 | - | 217.31Sec. 12. Minnesota Statutes 2022, section 169A.03, subdivision 6, is amended to read: | |
| 7046 | - | 217.32 Subd. 6.Controlled substance."Controlled substance" has the meaning given in section | |
| 7047 | - | 217.33152.01, subdivision 4. The term also includes hemp as defined in section 152.22, subdivision | |
| 7048 | - | 217.345a. | |
| 7049 | - | 217Article 6 Sec. 12. | |
| 7050 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 218.1 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 7051 | - | 218.2committed on or after that date. This section expires January 1, 2024. | |
| 7052 | - | 218.3Sec. 13. Minnesota Statutes 2022, section 175.45, subdivision 1, is amended to read: | |
| 7053 | - | 218.4 Subdivision 1.Duties; goal.The commissioner of labor and industry shall convene | |
| 7054 | - | 218.5industry representatives, identify occupational competency standards, and provide technical | |
| 7055 | - | 218.6assistance to develop dual-training programs. The competency standards shall be identified | |
| 7056 | - | 218.7for employment in occupations in advanced manufacturing, health care services, information | |
| 7057 | - | 218.8technology, and agriculture, and the legal cannabis industry. Competency standards are not | |
| 7058 | - | 218.9rules and are exempt from the rulemaking provisions of chapter 14, and the provisions in | |
| 7059 | - | 218.10section 14.386 concerning exempt rules do not apply. | |
| 7060 | - | 218.11Sec. 14. Minnesota Statutes 2022, section 181.938, subdivision 2, is amended to read: | |
| 7061 | - | 218.12 Subd. 2.Prohibited practice.(a) An employer may not refuse to hire a job applicant | |
| 7062 | - | 218.13or discipline or discharge an employee because the applicant or employee engages in or has | |
| 7063 | - | 218.14engaged in the use or enjoyment of lawful consumable products, if the use or enjoyment | |
| 7064 | - | 218.15takes place off the premises of the employer during nonworking hours. For purposes of this | |
| 7065 | - | 218.16section, "lawful consumable products" means products whose use or enjoyment is lawful | |
| 7066 | - | 218.17and which are consumed during use or enjoyment, and includes food, alcoholic or | |
| 7067 | - | 218.18nonalcoholic beverages, and tobacco, cannabis flower, as defined in section 342.01, | |
| 7068 | - | 218.19subdivision 15, and cannabis products, as defined in section 342.01, subdivision 19. | |
| 7069 | - | 218.20 (b) Cannabis flower and cannabis products are lawful consumable products for the | |
| 7070 | - | 218.21purpose of Minnesota law, regardless of whether federal or other state law considers cannabis | |
| 7071 | - | 218.22use, possession, impairment, sale, or transfer to be unlawful. Nothing in this section shall | |
| 7072 | - | 218.23be construed to limit an employer's ability to discipline or discharge an employee for cannabis | |
| 7073 | - | 218.24flower or cannabis product use, possession, impairment, sale, or transfer during working | |
| 7074 | - | 218.25hours, on work premises, or while operating an employer's vehicle, machinery, or equipment, | |
| 7075 | - | 218.26or if a failure to do so would violate federal or state law or regulations or cause an employer | |
| 7076 | - | 218.27to lose a monetary or licensing-related benefit under federal law or regulations. | |
| 7077 | - | 218.28Sec. 15. Minnesota Statutes 2022, section 181.950, subdivision 2, is amended to read: | |
| 7078 | - | 218.29 Subd. 2.Confirmatory test; confirmatory retest."Confirmatory test" and "confirmatory | |
| 7079 | - | 218.30retest" mean a drug or alcohol test or cannabis test that uses a method of analysis allowed | |
| 7080 | - | 218.31under one of the programs listed in section 181.953, subdivision 1. | |
| 7081 | - | 218Article 6 Sec. 15. | |
| 7082 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 219.1Sec. 16. Minnesota Statutes 2022, section 181.950, subdivision 4, is amended to read: | |
| 7083 | - | 219.2 Subd. 4.Drug."Drug" means a controlled substance as defined in section 152.01, | |
| 7084 | - | 219.3subdivision 4, but does not include marijuana, tetrahydrocannabinols, cannabis flower as | |
| 7085 | - | 219.4defined in section 342.01, subdivision 15, or cannabis products as defined in section 342.01, | |
| 7086 | - | 219.5subdivision 19. | |
| 7087 | - | 219.6Sec. 17. Minnesota Statutes 2022, section 181.950, subdivision 5, is amended to read: | |
| 7088 | - | 219.7 Subd. 5.Drug and alcohol testing."Drug and alcohol testing," "drug or alcohol testing," | |
| 7089 | - | 219.8and "drug or alcohol test" mean analysis of a body component sample according to the | |
| 7090 | - | 219.9standards established under one of the programs listed in section 181.953, subdivision 1, | |
| 7091 | - | 219.10for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites | |
| 7092 | - | 219.11in the sample tested. "Drug and alcohol testing," "drug or alcohol testing," and "drug or | |
| 7093 | - | 219.12alcohol test" do not include cannabis or cannabis testing, unless stated otherwise. | |
| 7094 | - | 219.13Sec. 18. Minnesota Statutes 2022, section 181.950, is amended by adding a subdivision | |
| 7095 | - | 219.14to read: | |
| 7096 | - | 219.15 Subd. 5a.Cannabis testing."Cannabis testing" means the analysis of a body component | |
| 7097 | - | 219.16sample according to the standards established under one of the programs listed in section | |
| 7098 | - | 219.17181.953, subdivision 1, for the purpose of measuring the presence or absence of cannabis | |
| 7099 | - | 219.18flower, as defined in section 342.01, subdivision 15, cannabis products, as defined in section | |
| 7100 | - | 219.19342.01, subdivision 19, or cannabis metabolites in the sample tested. The definitions in this | |
| 7101 | - | 219.20section apply to cannabis testing unless stated otherwise. | |
| 7102 | - | 219.21Sec. 19. Minnesota Statutes 2022, section 181.950, subdivision 8, is amended to read: | |
| 7103 | - | 219.22 Subd. 8.Initial screening test."Initial screening test" means a drug or alcohol test or | |
| 7104 | - | 219.23cannabis test which uses a method of analysis under one of the programs listed in section | |
| 7105 | - | 219.24181.953, subdivision 1. | |
| 7106 | - | 219.25Sec. 20. Minnesota Statutes 2022, section 181.950, subdivision 13, is amended to read: | |
| 7107 | - | 219.26 Subd. 13.Safety-sensitive position."Safety-sensitive position" means a job, including | |
| 7108 | - | 219.27any supervisory or management position, in which an impairment caused by drug or, alcohol, | |
| 7109 | - | 219.28or cannabis usage would threaten the health or safety of any person. | |
| 7110 | - | 219Article 6 Sec. 20. | |
| 7111 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 220.1Sec. 21. Minnesota Statutes 2022, section 181.951, subdivision 4, is amended to read: | |
| 7112 | - | 220.2 Subd. 4.Random testing.An employer may request or require employees to undergo | |
| 7113 | - | 220.3cannabis testing or drug and alcohol testing on a random selection basis only if (1) they are | |
| 7114 | - | 220.4employed in safety-sensitive positions, or (2) they are employed as professional athletes if | |
| 7115 | - | 220.5the professional athlete is subject to a collective bargaining agreement permitting random | |
| 7116 | - | 220.6testing but only to the extent consistent with the collective bargaining agreement. | |
| 7117 | - | 220.7Sec. 22. Minnesota Statutes 2022, section 181.951, is amended by adding a subdivision | |
| 7118 | - | 220.8to read: | |
| 7119 | - | 220.9 Subd. 8.Limitations on cannabis testing.(a) An employer must not request or require | |
| 7120 | - | 220.10a job applicant to undergo cannabis testing solely for the purpose of determining the presence | |
| 7121 | - | 220.11or absence of cannabis as a condition of employment unless otherwise required by state or | |
| 7122 | - | 220.12federal law. | |
| 7123 | - | 220.13 (b) Unless otherwise required by state or federal law, an employer must not refuse to | |
| 7124 | - | 220.14hire a job applicant solely because the job applicant submits to a cannabis test authorized | |
| 7125 | - | 220.15by this section and the results of the test indicate the presence of cannabis. | |
| 7126 | - | 220.16 (c) An employer must not request or require an employee or job applicant to undergo | |
| 7127 | - | 220.17cannabis testing on an arbitrary or capricious basis. | |
| 7128 | - | 220.18 (d) An employer may request or require an employee to undergo cannabis testing | |
| 7129 | - | 220.19conducted by a testing laboratory that participates in one of the programs listed in section | |
| 7130 | - | 220.20181.953, subdivision 1, if the employer has a reasonable suspicion that while the employee | |
| 7131 | - | 220.21is working or while the employee is on the employer's premises or operating the employer's | |
| 7132 | - | 220.22vehicle, machinery, or equipment, the employee: | |
| 7133 | - | 220.23 (1) as the result of consuming cannabis flower or a cannabis product, does not possess | |
| 7134 | - | 220.24that clearness of intellect and control of self that the employee otherwise would have; | |
| 7135 | - | 220.25 (2) has violated the employer's written work rules prohibiting cannabis use, possession, | |
| 7136 | - | 220.26impairment, sale, or transfer, provided that the work rules for cannabis and cannabis testing | |
| 7137 | - | 220.27are in writing and in a written policy that contains the minimum information required in | |
| 7138 | - | 220.28section 181.952; or | |
| 7139 | - | 220.29 (3) has sustained a personal injury or has a caused a work-related accident as provided | |
| 7140 | - | 220.30in subdivision 5, clauses (3) and (4). | |
| 7141 | - | 220.31 (e) Cannabis testing authorized under paragraph (d) must comply with the safeguards | |
| 7142 | - | 220.32for testing employees provided in sections 181.953 and 181.954. | |
| 7143 | - | 220Article 6 Sec. 22. | |
| 7144 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 221.1Sec. 23. Minnesota Statutes 2022, section 181.951, is amended by adding a subdivision | |
| 6941 | + | 213.22 Subd. 18.Tribal medical cannabis program patient.(a) "Tribal medical cannabis | |
| 6942 | + | 213.23program patient" means a person who possesses a valid registration verification card or | |
| 6943 | + | 213.24equivalent document that is issued under the laws or regulations of a Tribal nation within | |
| 6944 | + | 213.25the boundaries of Minnesota and that verifies that the person is enrolled in or authorized to | |
| 6945 | + | 213.26participate in that Tribal nation's Tribal medical cannabis program. | |
| 6946 | + | 213.27 (b) This subdivision expires January 1, 2024. | |
| 6947 | + | 213.28Sec. 17. Minnesota Statutes 2022, section 152.29, subdivision 4, is amended to read: | |
| 6948 | + | 213.29 Subd. 4.Report.(a) Each manufacturer shall report to the commissioner on a monthly | |
| 6949 | + | 213.30basis the following information on each individual patient for the month prior to the report: | |
| 6950 | + | 213Article 6 Sec. 17. | |
| 6951 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 214.1 (1) the amount and dosages of medical cannabis distributed; | |
| 6952 | + | 214.2 (2) the chemical composition of the medical cannabis; and | |
| 6953 | + | 214.3 (3) the tracking number assigned to any medical cannabis distributed. | |
| 6954 | + | 214.4 (b) For transactions involving Tribal medical cannabis program patients, each | |
| 6955 | + | 214.5manufacturer shall report to the commissioner on a weekly basis the following information | |
| 6956 | + | 214.6on each individual Tribal medical cannabis program patient for the week prior to the report: | |
| 6957 | + | 214.7 (1) the name of the Tribal medical cannabis program in which the Tribal medical cannabis | |
| 6958 | + | 214.8program patient is enrolled; | |
| 6959 | + | 214.9 (2) the amount and dosages of medical cannabis distributed; | |
| 6960 | + | 214.10 (3) the chemical composition of the medical cannabis distributed; and | |
| 6961 | + | 214.11 (4) the tracking number assigned to the medical cannabis distributed. | |
| 6962 | + | 214.12Sec. 18. Minnesota Statutes 2022, section 152.29, is amended by adding a subdivision to | |
| 6963 | + | 214.13read: | |
| 6964 | + | 214.14 Subd. 5.Distribution to Tribal medical cannabis program patient.(a) A manufacturer | |
| 6965 | + | 214.15may distribute medical cannabis in accordance with subdivisions 1 to 4 to a Tribal medical | |
| 6966 | + | 214.16cannabis program patient. | |
| 6967 | + | 214.17 (b) Prior to distribution, the Tribal medical cannabis program patient must provide to | |
| 6968 | + | 214.18the manufacturer: | |
| 6969 | + | 214.19 (1) a valid medical cannabis registration verification card or equivalent document issued | |
| 6970 | + | 214.20by a Tribal medical cannabis program that indicates that the Tribal medical cannabis program | |
| 6971 | + | 214.21patient is authorized to use medical cannabis on Indian lands over which the Tribe has | |
| 6972 | + | 214.22jurisdiction; and | |
| 6973 | + | 214.23 (2) a valid photographic identification card issued by the Tribal medical cannabis | |
| 6974 | + | 214.24program, a valid driver's license, or a valid state identification card. | |
| 6975 | + | 214.25 (c) A manufacturer shall distribute medical cannabis to a Tribal medical cannabis program | |
| 6976 | + | 214.26patient only in a form allowed under section 152.22, subdivision 6. | |
| 6977 | + | 214.27 (d) This subdivision expires January 1, 2024. | |
| 6978 | + | 214Article 6 Sec. 18. | |
| 6979 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 215.1Sec. 19. [152.291] TRIBAL MEDICAL CANNABIS PROGRAM MANUFACTURER | |
| 6980 | + | 215.2TRANSPORTATION. | |
| 6981 | + | 215.3 (a) A Tribal medical cannabis program manufacturer may transport medical cannabis | |
| 6982 | + | 215.4to testing laboratories in the state and to other Indian lands. | |
| 6983 | + | 215.5 (b) A Tribal medical cannabis program manufacturer must staff a motor vehicle used to | |
| 6984 | + | 215.6transport medical cannabis with at least two employees of the manufacturer. Each employee | |
| 6985 | + | 215.7in the transport vehicle must carry identification specifying that the employee is an employee | |
| 6986 | + | 215.8of the manufacturer, and one employee in the transport vehicle must carry a detailed | |
| 6987 | + | 215.9transportation manifest that includes the place and time of departure, the address of the | |
| 6988 | + | 215.10destination, and a description and count of the medical cannabis being transported. | |
| 6989 | + | 215.11 (c) This section expires January 1, 2024. | |
| 6990 | + | 215.12Sec. 20. Minnesota Statutes 2022, section 152.30, is amended to read: | |
| 6991 | + | 215.13 152.30 PATIENT DUTIES. | |
| 6992 | + | 215.14 (a) A patient shall apply to the commissioner for enrollment in the registry program by | |
| 6993 | + | 215.15submitting an application as required in section 152.27 and an annual registration fee as | |
| 6994 | + | 215.16determined under section 152.35. | |
| 6995 | + | 215.17 (b) As a condition of continued enrollment, patients shall agree to: | |
| 6996 | + | 215.18 (1) continue to receive regularly scheduled treatment for their qualifying medical | |
| 6997 | + | 215.19condition from their health care practitioner; and | |
| 6998 | + | 215.20 (2) report changes in their qualifying medical condition to their health care practitioner. | |
| 6999 | + | 215.21 (c) A patient shall only receive medical cannabis from a registered manufacturer or | |
| 7000 | + | 215.22Tribal medical cannabis program but is not required to receive medical cannabis products | |
| 7001 | + | 215.23from only a registered manufacturer or Tribal medical cannabis program. | |
| 7002 | + | 215.24Sec. 21. Minnesota Statutes 2022, section 152.32, is amended to read: | |
| 7003 | + | 215.25 152.32 PROTECTIONS FOR REGISTRY PROGRAM OR TRIBAL MEDICAL | |
| 7004 | + | 215.26CANNABIS PROGRAM PARTICIPATION. | |
| 7005 | + | 215.27 Subdivision 1.Presumption.(a) There is a presumption that a patient enrolled in the | |
| 7006 | + | 215.28registry program under sections 152.22 to 152.37 or a Tribal medical cannabis program | |
| 7007 | + | 215.29patient is engaged in the authorized use of medical cannabis. | |
| 7008 | + | 215.30 (b) The presumption may be rebutted by evidence that: | |
| 7009 | + | 215Article 6 Sec. 21. | |
| 7010 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 216.1 (1) a patient's conduct related to use of medical cannabis was not for the purpose of | |
| 7011 | + | 216.2treating or alleviating the patient's qualifying medical condition or symptoms associated | |
| 7012 | + | 216.3with the patient's qualifying medical condition.; or | |
| 7013 | + | 216.4 (2) a Tribal medical cannabis program patient's use of medical cannabis was not for a | |
| 7014 | + | 216.5purpose authorized by the Tribal medical cannabis program. | |
| 7015 | + | 216.6 Subd. 2.Criminal and civil protections.(a) Subject to section 152.23, the following | |
| 7016 | + | 216.7are not violations under this chapter: | |
| 7017 | + | 216.8 (1) use or possession of medical cannabis or medical cannabis products by a patient | |
| 7018 | + | 216.9enrolled in the registry program, or; possession by a registered designated caregiver or the | |
| 7019 | + | 216.10parent, legal guardian, or spouse of a patient if the parent, legal guardian, or spouse is listed | |
| 7020 | + | 216.11on the registry verification; or use or possession of medical cannabis or medical cannabis | |
| 7021 | + | 216.12products by a Tribal medical cannabis program patient; | |
| 7022 | + | 216.13 (2) possession, dosage determination, or sale of medical cannabis or medical cannabis | |
| 7023 | + | 216.14products by a medical cannabis manufacturer, employees of a manufacturer, a Tribal medical | |
| 7024 | + | 216.15cannabis program manufacturer, employees of a Tribal medical cannabis program | |
| 7025 | + | 216.16manufacturer, a laboratory conducting testing on medical cannabis, or employees of the | |
| 7026 | + | 216.17laboratory; and | |
| 7027 | + | 216.18 (3) possession of medical cannabis or medical cannabis products by any person while | |
| 7028 | + | 216.19carrying out the duties required under sections 152.22 to 152.37. | |
| 7029 | + | 216.20 (b) Medical cannabis obtained and distributed pursuant to sections 152.22 to 152.37 and | |
| 7030 | + | 216.21associated property is not subject to forfeiture under sections 609.531 to 609.5316. | |
| 7031 | + | 216.22 (c) The commissioner, members of a Tribal medical cannabis board, the commissioner's | |
| 7032 | + | 216.23or Tribal medical cannabis board's staff, the commissioner's or Tribal medical cannabis | |
| 7033 | + | 216.24board's agents or contractors, and any health care practitioner are not subject to any civil or | |
| 7034 | + | 216.25disciplinary penalties by the Board of Medical Practice, the Board of Nursing, or by any | |
| 7035 | + | 216.26business, occupational, or professional licensing board or entity, solely for the participation | |
| 7036 | + | 216.27in the registry program under sections 152.22 to 152.37 or in a Tribal medical cannabis | |
| 7037 | + | 216.28program. A pharmacist licensed under chapter 151 is not subject to any civil or disciplinary | |
| 7038 | + | 216.29penalties by the Board of Pharmacy when acting in accordance with the provisions of | |
| 7039 | + | 216.30sections 152.22 to 152.37. Nothing in this section affects a professional licensing board | |
| 7040 | + | 216.31from taking action in response to violations of any other section of law. | |
| 7041 | + | 216.32 (d) Notwithstanding any law to the contrary, the commissioner, the governor of | |
| 7042 | + | 216.33Minnesota, or an employee of any state agency may not be held civilly or criminally liable | |
| 7043 | + | 216Article 6 Sec. 21. | |
| 7044 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 217.1for any injury, loss of property, personal injury, or death caused by any act or omission | |
| 7045 | + | 217.2while acting within the scope of office or employment under sections 152.22 to 152.37. | |
| 7046 | + | 217.3 (e) Federal, state, and local law enforcement authorities are prohibited from accessing | |
| 7047 | + | 217.4the patient registry under sections 152.22 to 152.37 except when acting pursuant to a valid | |
| 7048 | + | 217.5search warrant. | |
| 7049 | + | 217.6 (f) Notwithstanding any law to the contrary, neither the commissioner nor a public | |
| 7050 | + | 217.7employee may release data or information about an individual contained in any report, | |
| 7051 | + | 217.8document, or registry created under sections 152.22 to 152.37 or any information obtained | |
| 7052 | + | 217.9about a patient participating in the program, except as provided in sections 152.22 to 152.37. | |
| 7053 | + | 217.10 (g) No information contained in a report, document, or registry or obtained from a patient | |
| 7054 | + | 217.11under sections 152.22 to 152.37 or from a Tribal medical cannabis program patient may be | |
| 7055 | + | 217.12admitted as evidence in a criminal proceeding unless independently obtained or in connection | |
| 7056 | + | 217.13with a proceeding involving a violation of sections 152.22 to 152.37. | |
| 7057 | + | 217.14 (h) Notwithstanding section 13.09, any person who violates paragraph (e) or (f) is guilty | |
| 7058 | + | 217.15of a gross misdemeanor. | |
| 7059 | + | 217.16 (i) An attorney may not be subject to disciplinary action by the Minnesota Supreme | |
| 7060 | + | 217.17Court, a Tribal court, or the professional responsibility board for providing legal assistance | |
| 7061 | + | 217.18to prospective or registered manufacturers or others related to activity that is no longer | |
| 7062 | + | 217.19subject to criminal penalties under state law pursuant to sections 152.22 to 152.37, or for | |
| 7063 | + | 217.20providing legal assistance to a Tribal medical cannabis program or a Tribal medical cannabis | |
| 7064 | + | 217.21program manufacturer. | |
| 7065 | + | 217.22 (j) Possession of a registry verification or application for enrollment in the program by | |
| 7066 | + | 217.23a person entitled to possess or apply for enrollment in the registry program does The | |
| 7067 | + | 217.24following do not constitute probable cause or reasonable suspicion, nor and shall it not be | |
| 7068 | + | 217.25used to support a search of the person or property of the person possessing or applying for | |
| 7069 | + | 217.26the registry verification or equivalent, or otherwise subject the person or property of the | |
| 7070 | + | 217.27person to inspection by any governmental agency.: | |
| 7071 | + | 217.28 (1) possession of a registry verification or application for enrollment in the registry | |
| 7072 | + | 217.29program by a person entitled to possess a registry verification or apply for enrollment in | |
| 7073 | + | 217.30the registry program; or | |
| 7074 | + | 217.31 (2) possession of a verification or equivalent issued by a Tribal medical cannabis program | |
| 7075 | + | 217.32or application for enrollment in a Tribal medical cannabis program by a person entitled to | |
| 7076 | + | 217.33possess such a verification or application. | |
| 7077 | + | 217Article 6 Sec. 21. | |
| 7078 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 218.1 Subd. 3.Discrimination prohibited.(a) No school or landlord may refuse to enroll or | |
| 7079 | + | 218.2lease to and may not otherwise penalize a person solely for the person's status as a patient | |
| 7080 | + | 218.3enrolled in the registry program under sections 152.22 to 152.37 or for the person's status | |
| 7081 | + | 218.4as a Tribal medical cannabis program patient, unless failing to do so would violate federal | |
| 7082 | + | 218.5law or regulations or cause the school or landlord to lose a monetary or licensing-related | |
| 7083 | + | 218.6benefit under federal law or regulations. | |
| 7084 | + | 218.7 (b) For the purposes of medical care, including organ transplants, a registry program | |
| 7085 | + | 218.8enrollee's use of medical cannabis under sections 152.22 to 152.37, or a Tribal medical | |
| 7086 | + | 218.9cannabis program patient's use of medical cannabis as authorized by the Tribal medical | |
| 7087 | + | 218.10cannabis program, is considered the equivalent of the authorized use of any other medication | |
| 7088 | + | 218.11used at the discretion of a physician, advanced practice registered nurse, or physician assistant | |
| 7089 | + | 218.12and does not constitute the use of an illicit substance or otherwise disqualify a patient from | |
| 7090 | + | 218.13needed medical care. | |
| 7091 | + | 218.14 (c) Unless a failure to do so would violate federal law or regulations or cause an employer | |
| 7092 | + | 218.15to lose a monetary or licensing-related benefit under federal law or regulations, an employer | |
| 7093 | + | 218.16may not discriminate against a person in hiring, termination, or any term or condition of | |
| 7094 | + | 218.17employment, or otherwise penalize a person, if the discrimination is based upon either any | |
| 7095 | + | 218.18of the following: | |
| 7096 | + | 218.19 (1) the person's status as a patient enrolled in the registry program under sections 152.22 | |
| 7097 | + | 218.20to 152.37; or | |
| 7098 | + | 218.21 (2) the person's status as a Tribal medical cannabis program patient; or | |
| 7099 | + | 218.22 (2) (3) a patient's positive drug test for cannabis components or metabolites, unless the | |
| 7100 | + | 218.23patient used, possessed, or was impaired by medical cannabis on the premises of the place | |
| 7101 | + | 218.24of employment or during the hours of employment. | |
| 7102 | + | 218.25 (d) An employee who is required to undergo employer drug testing pursuant to section | |
| 7103 | + | 218.26181.953 may present verification of enrollment in the patient registry or of enrollment in a | |
| 7104 | + | 218.27Tribal medical cannabis program as part of the employee's explanation under section 181.953, | |
| 7105 | + | 218.28subdivision 6. | |
| 7106 | + | 218.29 (e) A person shall not be denied custody of a minor child or visitation rights or parenting | |
| 7107 | + | 218.30time with a minor child solely based on the person's status as a patient enrolled in the registry | |
| 7108 | + | 218.31program under sections 152.22 to 152.37, or on the person's status as a Tribal medical | |
| 7109 | + | 218.32cannabis program patient. There shall be no presumption of neglect or child endangerment | |
| 7110 | + | 218.33for conduct allowed under sections 152.22 to 152.37 or under a Tribal medical cannabis | |
| 7111 | + | 218Article 6 Sec. 21. | |
| 7112 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 219.1program, unless the person's behavior is such that it creates an unreasonable danger to the | |
| 7113 | + | 219.2safety of the minor as established by clear and convincing evidence. | |
| 7114 | + | 219.3Sec. 22. Minnesota Statutes 2022, section 152.33, subdivision 1, is amended to read: | |
| 7115 | + | 219.4 Subdivision 1.Intentional diversion; criminal penalty.In addition to any other | |
| 7116 | + | 219.5applicable penalty in law, a manufacturer or an agent of a manufacturer who intentionally | |
| 7117 | + | 219.6transfers medical cannabis to a person other than another registered manufacturer, a patient, | |
| 7118 | + | 219.7a Tribal medical cannabis program patient, a registered designated caregiver or, if listed on | |
| 7119 | + | 219.8the registry verification, a parent, legal guardian, or spouse of a patient is guilty of a felony | |
| 7120 | + | 219.9punishable by imprisonment for not more than two years or by payment of a fine of not | |
| 7121 | + | 219.10more than $3,000, or both. A person convicted under this subdivision may not continue to | |
| 7122 | + | 219.11be affiliated with the manufacturer and is disqualified from further participation under | |
| 7123 | + | 219.12sections 152.22 to 152.37. | |
| 7124 | + | 219.13Sec. 23. Minnesota Statutes 2022, section 169A.03, subdivision 6, is amended to read: | |
| 7125 | + | 219.14 Subd. 6.Controlled substance."Controlled substance" has the meaning given in section | |
| 7126 | + | 219.15152.01, subdivision 4. The term also includes hemp as defined in section 152.22, subdivision | |
| 7127 | + | 219.165a. | |
| 7128 | + | 219.17 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 7129 | + | 219.18committed on or after that date. | |
| 7130 | + | 219.19Sec. 24. Minnesota Statutes 2022, section 175.45, subdivision 1, is amended to read: | |
| 7131 | + | 219.20 Subdivision 1.Duties; goal.The commissioner of labor and industry shall convene | |
| 7132 | + | 219.21industry representatives, identify occupational competency standards, and provide technical | |
| 7133 | + | 219.22assistance to develop dual-training programs. The competency standards shall be identified | |
| 7134 | + | 219.23for employment in occupations in advanced manufacturing, health care services, information | |
| 7135 | + | 219.24technology, and agriculture, and the legal cannabis industry. Competency standards are not | |
| 7136 | + | 219.25rules and are exempt from the rulemaking provisions of chapter 14, and the provisions in | |
| 7137 | + | 219.26section 14.386 concerning exempt rules do not apply. | |
| 7138 | + | 219.27Sec. 25. Minnesota Statutes 2022, section 181.938, subdivision 2, is amended to read: | |
| 7139 | + | 219.28 Subd. 2.Prohibited practice.(a) An employer may not refuse to hire a job applicant | |
| 7140 | + | 219.29or discipline or discharge an employee because the applicant or employee engages in or has | |
| 7141 | + | 219.30engaged in the use or enjoyment of lawful consumable products, if the use or enjoyment | |
| 7142 | + | 219.31takes place off the premises of the employer during nonworking hours. For purposes of this | |
| 7143 | + | 219Article 6 Sec. 25. | |
| 7144 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 220.1section, "lawful consumable products" means products whose use or enjoyment is lawful | |
| 7145 | + | 220.2and which are consumed during use or enjoyment, and includes food, alcoholic or | |
| 7146 | + | 220.3nonalcoholic beverages, and tobacco, cannabis flower, as defined in section 342.01, | |
| 7147 | + | 220.4subdivision 16, and cannabis products, as defined in section 342.01, subdivision 2. | |
| 7148 | + | 220.5 (b) Cannabis flower and cannabis products are lawful consumable products for the | |
| 7149 | + | 220.6purpose of Minnesota law, regardless of whether federal or other state law considers cannabis | |
| 7150 | + | 220.7use, possession, impairment, sale, or transfer to be unlawful. Nothing in this section shall | |
| 7151 | + | 220.8be construed to limit an employer's ability to discipline or discharge an employee for cannabis | |
| 7152 | + | 220.9flower or cannabis product use, possession, impairment, sale, or transfer during working | |
| 7153 | + | 220.10hours, on work premises, or while operating an employer's vehicle, machinery, or equipment, | |
| 7154 | + | 220.11or if a failure to do so would violate federal or state law or regulations or cause an employer | |
| 7155 | + | 220.12to lose a monetary or licensing-related benefit under federal law or regulations. | |
| 7156 | + | 220.13Sec. 26. Minnesota Statutes 2022, section 181.950, subdivision 2, is amended to read: | |
| 7157 | + | 220.14 Subd. 2.Confirmatory test; confirmatory retest."Confirmatory test" and "confirmatory | |
| 7158 | + | 220.15retest" mean a drug or alcohol test or cannabis test that uses a method of analysis allowed | |
| 7159 | + | 220.16under one of the programs listed in section 181.953, subdivision 1. | |
| 7160 | + | 220.17Sec. 27. Minnesota Statutes 2022, section 181.950, subdivision 4, is amended to read: | |
| 7161 | + | 220.18 Subd. 4.Drug."Drug" means a controlled substance as defined in section 152.01, | |
| 7162 | + | 220.19subdivision 4, but does not include marijuana, tetrahydrocannabinols, cannabis flower as | |
| 7163 | + | 220.20defined in section 342.01, subdivision 16, or cannabis products as defined in section 342.01, | |
| 7164 | + | 220.21subdivision 2. | |
| 7165 | + | 220.22Sec. 28. Minnesota Statutes 2022, section 181.950, subdivision 5, is amended to read: | |
| 7166 | + | 220.23 Subd. 5.Drug and alcohol testing."Drug and alcohol testing," "drug or alcohol testing," | |
| 7167 | + | 220.24and "drug or alcohol test" mean analysis of a body component sample according to the | |
| 7168 | + | 220.25standards established under one of the programs listed in section 181.953, subdivision 1, | |
| 7169 | + | 220.26for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites | |
| 7170 | + | 220.27in the sample tested. "Drug and alcohol testing," "drug or alcohol testing," and "drug or | |
| 7171 | + | 220.28alcohol test" do not include cannabis or cannabis testing, unless stated otherwise. | |
| 7172 | + | 220Article 6 Sec. 28. | |
| 7173 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 221.1Sec. 29. Minnesota Statutes 2022, section 181.950, is amended by adding a subdivision | |
| 7145 | 7174 | 221.2to read: | |
| 7146 | - | 221.3 Subd. 9.Cannabis testing exceptions.For the following positions, cannabis and its | |
| 7147 | - | 221.4metabolites are considered a drug and subject to the drug and alcohol testing provisions in | |
| 7148 | - | 221.5sections 181.950 to 181.957: | |
| 7149 | - | 221.6 (1) a safety-sensitive position, as defined in section 181.950, subdivision 13; | |
| 7150 | - | 221.7 (2) a peace officer position, as defined in section 626.84, subdivision 1; | |
| 7151 | - | 221.8 (3) a firefighter position, as defined in section 299N.01, subdivision 3; | |
| 7152 | - | 221.9 (4) a position requiring face-to-face care, training, education, supervision, counseling, | |
| 7153 | - | 221.10consultation, or medical assistance to: | |
| 7154 | - | 221.11 (i) children; | |
| 7155 | - | 221.12 (ii) vulnerable adults, as defined in section 626.5572, subdivision 21; or | |
| 7156 | - | 221.13 (iii) patients who receive health care services from a provider for the treatment, | |
| 7157 | - | 221.14examination, or emergency care of a medical, psychiatric, or mental condition; | |
| 7158 | - | 221.15 (5) a position requiring a commercial driver's license or requiring an employee to operate | |
| 7159 | - | 221.16a motor vehicle for which state or federal law requires drug or alcohol testing of a job | |
| 7160 | - | 221.17applicant or an employee; | |
| 7161 | - | 221.18 (6) a position of employment funded by a federal grant; or | |
| 7162 | - | 221.19 (7) any other position for which state or federal law requires testing of a job applicant | |
| 7163 | - | 221.20or an employee for cannabis. | |
| 7164 | - | 221.21Sec. 24. Minnesota Statutes 2022, section 181.952, is amended by adding a subdivision | |
| 7165 | - | 221.22to read: | |
| 7166 | - | 221.23 Subd. 3.Cannabis policy.(a) Unless otherwise provided by state or federal law, an | |
| 7167 | - | 221.24employer is not required to permit or accommodate cannabis flower or cannabis product | |
| 7168 | - | 221.25use, possession, impairment, sale, or transfer while an employee is working or while an | |
| 7169 | - | 221.26employee is on the employer's premises or operating the employer's vehicle, machinery, or | |
| 7170 | - | 221.27equipment. | |
| 7171 | - | 221.28 (b) An employer may only enact and enforce written work rules prohibiting cannabis | |
| 7172 | - | 221.29flower and cannabis product use, possession, impairment, sale, or transfer while an employee | |
| 7173 | - | 221.30is working or while an employee is on the employer's premises or operating the employer's | |
| 7174 | - | 221Article 6 Sec. 24. | |
| 7175 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 222.1vehicle, machinery, or equipment in a written policy that contains the minimum information | |
| 7176 | - | 222.2required by this section. | |
| 7177 | - | 222.3Sec. 25. Minnesota Statutes 2022, section 181.953, is amended to read: | |
| 7178 | - | 222.4 181.953 RELIABILITY AND FAIRNESS SAFEGUARDS. | |
| 7179 | - | 222.5 Subdivision 1.Use of licensed, accredited, or certified laboratory required.(a) An | |
| 7180 | - | 222.6employer who requests or requires an employee or job applicant to undergo drug or alcohol | |
| 7181 | - | 222.7testing or cannabis testing shall use the services of a testing laboratory that meets one of | |
| 7182 | - | 222.8the following criteria for drug testing: | |
| 7183 | - | 222.9 (1) is certified by the National Institute on Drug Abuse as meeting the mandatory | |
| 7184 | - | 222.10guidelines published at 53 Federal Register 11970 to 11989, April 11, 1988; | |
| 7185 | - | 222.11 (2) is accredited by the College of American Pathologists, 325 Waukegan Road, | |
| 7186 | - | 222.12Northfield, Illinois, 60093-2750, under the forensic urine drug testing laboratory program; | |
| 7187 | - | 222.13or | |
| 7188 | - | 222.14 (3) is licensed to test for drugs by the state of New York, Department of Health, under | |
| 7189 | - | 222.15Public Health Law, article 5, title V, and rules adopted under that law. | |
| 7190 | - | 222.16 (b) For alcohol testing, the laboratory must either be: | |
| 7191 | - | 222.17 (1) licensed to test for drugs and alcohol by the state of New York, Department of Health, | |
| 7192 | - | 222.18under Public Health Law, article 5, title V, and the rules adopted under that law; or | |
| 7193 | - | 222.19 (2) accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, | |
| 7194 | - | 222.20Illinois, 60093-2750, in the laboratory accreditation program. | |
| 7195 | - | 222.21 Subd. 3.Laboratory testing, reporting, and sample retention requirements.A testing | |
| 7196 | - | 222.22laboratory that is not certified by the National Institute on Drug Abuse according to | |
| 7197 | - | 222.23subdivision 1 shall follow the chain-of-custody procedures prescribed for employers in | |
| 7198 | - | 222.24subdivision 5. A testing laboratory shall conduct a confirmatory test on all samples that | |
| 7199 | - | 222.25produced a positive test result on an initial screening test. A laboratory shall disclose to the | |
| 7200 | - | 222.26employer a written test result report for each sample tested within three working days after | |
| 7201 | - | 222.27a negative test result on an initial screening test or, when the initial screening test produced | |
| 7202 | - | 222.28a positive test result, within three working days after a confirmatory test. A test report must | |
| 7203 | - | 222.29indicate the drugs, alcohol, or drug or alcohol metabolites, or cannabis or cannabis | |
| 7204 | - | 222.30metabolites tested for and whether the test produced negative or positive test results. A | |
| 7205 | - | 222.31laboratory shall retain and properly store for at least six months all samples that produced | |
| 7206 | - | 222.32a positive test result. | |
| 7207 | - | 222Article 6 Sec. 25. | |
| 7208 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 223.1 Subd. 4.Prohibitions on employers.An employer may not conduct drug or alcohol | |
| 7209 | - | 223.2testing or cannabis testing of its own employees and job applicants using a testing laboratory | |
| 7210 | - | 223.3owned and operated by the employer; except that, one agency of the state may test the | |
| 7211 | - | 223.4employees of another agency of the state. Except as provided in subdivision 9, an employer | |
| 7212 | - | 223.5may not request or require an employee or job applicant to contribute to, or pay the cost of, | |
| 7213 | - | 223.6drug or alcohol testing or cannabis testing under sections 181.950 to 181.954. | |
| 7214 | - | 223.7 Subd. 5.Employer chain-of-custody procedures.An employer shall establish its own | |
| 7215 | - | 223.8reliable chain-of-custody procedures to ensure proper record keeping, handling, labeling, | |
| 7216 | - | 223.9and identification of the samples to be tested. The procedures must require the following: | |
| 7217 | - | 223.10 (1) possession of a sample must be traceable to the employee from whom the sample is | |
| 7218 | - | 223.11collected, from the time the sample is collected through the time the sample is delivered to | |
| 7219 | - | 223.12the laboratory; | |
| 7220 | - | 223.13 (2) the sample must always be in the possession of, must always be in view of, or must | |
| 7221 | - | 223.14be placed in a secured area by a person authorized to handle the sample; | |
| 7222 | - | 223.15 (3) a sample must be accompanied by a written chain-of-custody record; and | |
| 7223 | - | 223.16 (4) individuals relinquishing or accepting possession of the sample must record the time | |
| 7224 | - | 223.17the possession of the sample was transferred and must sign and date the chain-of-custody | |
| 7225 | - | 223.18record at the time of transfer. | |
| 7226 | - | 223.19 Subd. 6.Rights of employees and job applicants.(a) Before requesting an employee | |
| 7227 | - | 223.20or job applicant to undergo drug or alcohol testing or requesting cannabis testing, an employer | |
| 7228 | - | 223.21shall provide the employee or job applicant with a form, developed by the employer, on | |
| 7229 | - | 223.22which to acknowledge that the employee or job applicant has seen the employer's drug and | |
| 7230 | - | 223.23alcohol testing or cannabis testing policy. | |
| 7231 | - | 223.24 (b) If an employee or job applicant tests positive for drug use, the employee must be | |
| 7232 | - | 223.25given written notice of the right to explain the positive test and the employer may request | |
| 7233 | - | 223.26that the employee or job applicant indicate any over-the-counter or prescription medication | |
| 7234 | - | 223.27that the individual is currently taking or has recently taken and any other information relevant | |
| 7235 | - | 223.28to the reliability of, or explanation for, a positive test result. | |
| 7236 | - | 223.29 (c) Within three working days after notice of a positive test result on a confirmatory test, | |
| 7237 | - | 223.30the employee or job applicant may submit information to the employer, in addition to any | |
| 7238 | - | 223.31information already submitted under paragraph (b), to explain that result, or may request a | |
| 7239 | - | 223.32confirmatory retest of the original sample at the employee's or job applicant's own expense | |
| 7240 | - | 223.33as provided under subdivision 9. | |
| 7241 | - | 223Article 6 Sec. 25. | |
| 7242 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 224.1 Subd. 7.Notice of test results.Within three working days after receipt of a test result | |
| 7243 | - | 224.2report from the testing laboratory, an employer shall inform in writing an employee or job | |
| 7244 | - | 224.3applicant who has undergone drug or alcohol testing or cannabis testing of (1) a negative | |
| 7245 | - | 224.4test result on an initial screening test or of a negative or positive test result on a confirmatory | |
| 7246 | - | 224.5test and (2) the right provided in subdivision 8. In the case of a positive test result on a | |
| 7247 | - | 224.6confirmatory test, the employer shall also, at the time of this notice, inform the employee | |
| 7248 | - | 224.7or job applicant in writing of the rights provided in subdivisions 6, paragraph (b), 9, and | |
| 7249 | - | 224.8either subdivision 10 or 11, whichever applies. | |
| 7250 | - | 224.9 Subd. 8.Right to test result report.An employee or job applicant has the right to | |
| 7251 | - | 224.10request and receive from the employer a copy of the test result report on any drug or alcohol | |
| 7252 | - | 224.11test or cannabis test. | |
| 7253 | - | 224.12 Subd. 9.Confirmatory retests.An employee or job applicant may request a confirmatory | |
| 7254 | - | 224.13retest of the original sample at the employee's or job applicant's own expense after notice | |
| 7255 | - | 224.14of a positive test result on a confirmatory test. Within five working days after notice of the | |
| 7256 | - | 224.15confirmatory test result, the employee or job applicant shall notify the employer in writing | |
| 7257 | - | 224.16of the employee's or job applicant's intention to obtain a confirmatory retest. Within three | |
| 7258 | - | 224.17working days after receipt of the notice, the employer shall notify the original testing | |
| 7259 | - | 224.18laboratory that the employee or job applicant has requested the laboratory to conduct the | |
| 7260 | - | 224.19confirmatory retest or transfer the sample to another laboratory licensed under subdivision | |
| 7261 | - | 224.201 to conduct the confirmatory retest. The original testing laboratory shall ensure that the | |
| 7262 | - | 224.21chain-of-custody procedures in subdivision 3 are followed during transfer of the sample to | |
| 7263 | - | 224.22the other laboratory. The confirmatory retest must use the same drug or, alcohol, or cannabis | |
| 7264 | - | 224.23threshold detection levels as used in the original confirmatory test. If the confirmatory retest | |
| 7265 | - | 224.24does not confirm the original positive test result, no adverse personnel action based on the | |
| 7266 | - | 224.25original confirmatory test may be taken against the employee or job applicant. | |
| 7267 | - | 224.26 Subd. 10.Limitations on employee discharge, discipline, or discrimination.(a) An | |
| 7268 | - | 224.27employer may not discharge, discipline, discriminate against, or request or require | |
| 7269 | - | 224.28rehabilitation of an employee on the basis of a positive test result from an initial screening | |
| 7270 | - | 224.29test that has not been verified by a confirmatory test. | |
| 7271 | - | 224.30 (b) In addition to the limitation under paragraph (a), an employer may not discharge an | |
| 7272 | - | 224.31employee for whom a positive test result on a confirmatory test was the first such result for | |
| 7273 | - | 224.32the employee on a drug or alcohol test or cannabis test requested by the employer unless | |
| 7274 | - | 224.33the following conditions have been met: | |
| 7275 | - | 224Article 6 Sec. 25. | |
| 7276 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 225.1 (1) the employer has first given the employee an opportunity to participate in, at the | |
| 7277 | - | 225.2employee's own expense or pursuant to coverage under an employee benefit plan, either a | |
| 7278 | - | 225.3drug or, alcohol, or cannabis counseling or rehabilitation program, whichever is more | |
| 7279 | - | 225.4appropriate, as determined by the employer after consultation with a certified chemical use | |
| 7280 | - | 225.5counselor or a physician trained in the diagnosis and treatment of substance use disorder; | |
| 7281 | - | 225.6and | |
| 7282 | - | 225.7 (2) the employee has either refused to participate in the counseling or rehabilitation | |
| 7283 | - | 225.8program or has failed to successfully complete the program, as evidenced by withdrawal | |
| 7284 | - | 225.9from the program before its completion or by a positive test result on a confirmatory test | |
| 7285 | - | 225.10after completion of the program. | |
| 7286 | - | 225.11 (c) Notwithstanding paragraph (a), an employer may temporarily suspend the tested | |
| 7287 | - | 225.12employee or transfer that employee to another position at the same rate of pay pending the | |
| 7288 | - | 225.13outcome of the confirmatory test and, if requested, the confirmatory retest, provided the | |
| 7289 | - | 225.14employer believes that it is reasonably necessary to protect the health or safety of the | |
| 7290 | - | 225.15employee, coemployees, or the public. An employee who has been suspended without pay | |
| 7291 | - | 225.16must be reinstated with back pay if the outcome of the confirmatory test or requested | |
| 7292 | - | 225.17confirmatory retest is negative. | |
| 7293 | - | 225.18 (d) An employer may not discharge, discipline, discriminate against, or request or require | |
| 7294 | - | 225.19rehabilitation of an employee on the basis of medical history information revealed to the | |
| 7295 | - | 225.20employer pursuant to subdivision 6 unless the employee was under an affirmative duty to | |
| 7296 | - | 225.21provide the information before, upon, or after hire. | |
| 7297 | - | 225.22 (e) An employee must be given access to information in the employee's personnel file | |
| 7298 | - | 225.23relating to positive test result reports and other information acquired in the drug and alcohol | |
| 7299 | - | 225.24testing process or cannabis testing process and conclusions drawn from and actions taken | |
| 7300 | - | 225.25based on the reports or other acquired information. | |
| 7301 | - | 225.26 Subd. 10a.Additional limitations for cannabis.An employer may discipline, discharge, | |
| 7302 | - | 225.27or take other adverse personnel action against an employee for cannabis flower or cannabis | |
| 7303 | - | 225.28product use, possession, impairment, sale, or transfer while an employee is working, on the | |
| 7304 | - | 225.29employer's premises, or operating the employer's vehicle, machinery, or equipment as | |
| 7305 | - | 225.30follows: | |
| 7306 | - | 225.31 (1) if, as the result of consuming cannabis flower or a cannabis product, the employee | |
| 7307 | - | 225.32does not possess that clearness of intellect and control of self that the employee otherwise | |
| 7308 | - | 225.33would have; | |
| 7309 | - | 225Article 6 Sec. 25. | |
| 7310 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 226.1 (2) if cannabis testing that the employer requested or required pursuant to section 181.951, | |
| 7311 | - | 226.2subdivision 8, paragraphs (d) and (e), verifies the presence of cannabis following a | |
| 7312 | - | 226.3confirmatory test; | |
| 7313 | - | 226.4 (3) as provided in the employer's written work rules for cannabis and cannabis testing, | |
| 7314 | - | 226.5provided that the rules are in writing and in a written policy that contains the minimum | |
| 7315 | - | 226.6information required by section 181.952; or | |
| 7316 | - | 226.7 (4) as otherwise authorized under state or federal law. | |
| 7317 | - | 226.8 Subd. 11.Limitation on withdrawal of job offer.If a job applicant has received a job | |
| 7318 | - | 226.9offer made contingent on the applicant passing drug and alcohol testing, the employer may | |
| 7319 | - | 226.10not withdraw the offer based on a positive test result from an initial screening test that has | |
| 7320 | - | 226.11not been verified by a confirmatory test. | |
| 7321 | - | 226.12Sec. 26. Minnesota Statutes 2022, section 181.954, is amended to read: | |
| 7322 | - | 226.13 181.954 PRIVACY, CONFIDENTIALITY, AND PRIVILEGE SAFEGUARDS. | |
| 7323 | - | 226.14 Subdivision 1.Privacy limitations.A laboratory may only disclose to the employer test | |
| 7324 | - | 226.15result data regarding the presence or absence of drugs, alcohol, or their metabolites in a | |
| 7325 | - | 226.16sample tested. | |
| 7326 | - | 226.17 Subd. 2.Confidentiality limitations.Test result reports and other information acquired | |
| 7327 | - | 226.18in the drug or alcohol testing or cannabis testing process are, with respect to private sector | |
| 7328 | - | 226.19employees and job applicants, private and confidential information, and, with respect to | |
| 7329 | - | 226.20public sector employees and job applicants, private data on individuals as that phrase is | |
| 7330 | - | 226.21defined in chapter 13, and may not be disclosed by an employer or laboratory to another | |
| 7331 | - | 226.22employer or to a third-party individual, governmental agency, or private organization without | |
| 7332 | - | 226.23the written consent of the employee or job applicant tested. | |
| 7333 | - | 226.24 Subd. 3.Exceptions to privacy and confidentiality disclosure | |
| 7334 | - | 226.25limitations.Notwithstanding subdivisions 1 and 2, evidence of a positive test result on a | |
| 7335 | - | 226.26confirmatory test may be: (1) used in an arbitration proceeding pursuant to a collective | |
| 7336 | - | 226.27bargaining agreement, an administrative hearing under chapter 43A or other applicable state | |
| 7337 | - | 226.28or local law, or a judicial proceeding, provided that information is relevant to the hearing | |
| 7338 | - | 226.29or proceeding; (2) disclosed to any federal agency or other unit of the United States | |
| 7339 | - | 226.30government as required under federal law, regulation, or order, or in accordance with | |
| 7340 | - | 226.31compliance requirements of a federal government contract; and (3) disclosed to a substance | |
| 7341 | - | 226.32abuse treatment facility for the purpose of evaluation or treatment of the employee. | |
| 7342 | - | 226Article 6 Sec. 26. | |
| 7343 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 227.1 Subd. 4.Privilege.Positive test results from an employer drug or alcohol testing or | |
| 7344 | - | 227.2cannabis testing program may not be used as evidence in a criminal action against the | |
| 7345 | - | 227.3employee or job applicant tested. | |
| 7346 | - | 227.4Sec. 27. Minnesota Statutes 2022, section 181.955, is amended to read: | |
| 7347 | - | 227.5 181.955 CONSTRUCTION. | |
| 7348 | - | 227.6 Subdivision 1.Freedom to collectively bargain.Sections 181.950 to 181.954 shall not | |
| 7349 | - | 227.7be construed to limit the parties to a collective bargaining agreement from bargaining and | |
| 7350 | - | 227.8agreeing with respect to a drug and alcohol testing or a cannabis testing policy that meets | |
| 7351 | - | 227.9or exceeds, and does not otherwise conflict with, the minimum standards and requirements | |
| 7352 | - | 227.10for employee protection provided in those sections. | |
| 7353 | - | 227.11 Subd. 2.Employee protections under existing collective bargaining | |
| 7354 | - | 227.12agreements.Sections 181.950 to 181.954 shall not be construed to interfere with or diminish | |
| 7355 | - | 227.13any employee protections relating to drug and alcohol testing or cannabis testing already | |
| 7356 | - | 227.14provided under collective bargaining agreements in effect on the effective date of those | |
| 7357 | - | 227.15sections that exceed the minimum standards and requirements for employee protection | |
| 7358 | - | 227.16provided in those sections. | |
| 7359 | - | 227.17 Subd. 3.Professional athletes.Sections 181.950 to 181.954 shall not be construed to | |
| 7360 | - | 227.18interfere with the operation of a drug and alcohol testing or cannabis testing program if: | |
| 7361 | - | 227.19 (1) the drug and alcohol testing program is permitted under a contract between the | |
| 7362 | - | 227.20employer and employees; and | |
| 7363 | - | 227.21 (2) the covered employees are employed as professional athletes. | |
| 7364 | - | 227.22 Upon request of the commissioner of labor and industry, the exclusive representative | |
| 7365 | - | 227.23of the employees and the employer shall certify to the commissioner of labor and industry | |
| 7366 | - | 227.24that the drug and alcohol testing or cannabis testing program permitted under the contract | |
| 7367 | - | 227.25should operate without interference from the sections specified in this subdivision. This | |
| 7368 | - | 227.26subdivision must not be construed to create an exemption from controlled substance crimes | |
| 7369 | - | 227.27in chapter 152. | |
| 7370 | - | 227.28Sec. 28. Minnesota Statutes 2022, section 181.957, subdivision 1, is amended to read: | |
| 7371 | - | 227.29 Subdivision 1.Excluded employees and job applicants.Except as provided under | |
| 7372 | - | 227.30subdivision 2, the employee and job applicant protections provided under sections 181.950 | |
| 7373 | - | 227.31to 181.956 do not apply to employees and job applicants where the specific work performed | |
| 7374 | - | 227Article 6 Sec. 28. | |
| 7375 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 228.1requires those employees and job applicants to be subject to drug and alcohol testing or | |
| 7376 | - | 228.2cannabis testing pursuant to: | |
| 7377 | - | 228.3 (1) federal regulations that specifically preempt state regulation of drug and alcohol | |
| 7378 | - | 228.4testing or cannabis testing with respect to those employees and job applicants; | |
| 7379 | - | 228.5 (2) federal regulations or requirements necessary to operate federally regulated facilities; | |
| 7380 | - | 228.6 (3) federal contracts where the drug and alcohol testing or cannabis testing is conducted | |
| 7381 | - | 228.7for security, safety, or protection of sensitive or proprietary data; or | |
| 7382 | - | 228.8 (4) state agency rules that adopt federal regulations applicable to the interstate component | |
| 7383 | - | 228.9of a federally regulated industry, and the adoption of those rules is for the purpose of | |
| 7384 | - | 228.10conforming the nonfederally regulated intrastate component of the industry to identical | |
| 7385 | - | 228.11regulation. | |
| 7386 | - | 228.12Sec. 29. Minnesota Statutes 2022, section 192A.555, is amended to read: | |
| 7387 | - | 228.13 192A.555 DRIVING WHILE UNDER THE INFLUENCE OR RECKLESS | |
| 7388 | - | 228.14DRIVING. | |
| 7389 | - | 228.15 Any person subject to this code who drives, operates or is in physical control of any | |
| 7390 | - | 228.16motor vehicle or aircraft while under the influence of an alcoholic beverage or controlled | |
| 7391 | - | 228.17substance as defined in section 169A.03, subdivision 6, or a combination thereof or whose | |
| 7392 | - | 228.18blood contains 0.08 percent or more by weight of alcohol or who operates said motor vehicle | |
| 7393 | - | 228.19or aircraft in a reckless or wanton manner, shall be punished as a court-martial may direct. | |
| 7394 | - | 228.20 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 7395 | - | 228.21committed on or after that date. | |
| 7396 | - | 228.22Sec. 30. Minnesota Statutes 2022, section 245C.08, subdivision 1, is amended to read: | |
| 7397 | - | 228.23 Subdivision 1.Background studies conducted by Department of Human Services.(a) | |
| 7398 | - | 228.24For a background study conducted by the Department of Human Services, the commissioner | |
| 7399 | - | 228.25shall review: | |
| 7400 | - | 228.26 (1) information related to names of substantiated perpetrators of maltreatment of | |
| 7401 | - | 228.27vulnerable adults that has been received by the commissioner as required under section | |
| 7402 | - | 228.28626.557, subdivision 9c, paragraph (j); | |
| 7403 | - | 228.29 (2) the commissioner's records relating to the maltreatment of minors in licensed | |
| 7404 | - | 228.30programs, and from findings of maltreatment of minors as indicated through the social | |
| 7405 | - | 228.31service information system; | |
| 7406 | - | 228Article 6 Sec. 30. | |
| 7407 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 229.1 (3) information from juvenile courts as required in subdivision 4 for individuals listed | |
| 7408 | - | 229.2in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause; | |
| 7409 | - | 229.3 (4) information from the Bureau of Criminal Apprehension, including information | |
| 7410 | - | 229.4regarding a background study subject's registration in Minnesota as a predatory offender | |
| 7411 | - | 229.5under section 243.166; | |
| 7412 | - | 229.6 (5) except as provided in clause (6), information received as a result of submission of | |
| 7413 | - | 229.7fingerprints for a national criminal history record check, as defined in section 245C.02, | |
| 7414 | - | 229.8subdivision 13c, when the commissioner has reasonable cause for a national criminal history | |
| 7415 | - | 229.9record check as defined under section 245C.02, subdivision 15a, or as required under section | |
| 7416 | - | 229.10144.057, subdivision 1, clause (2); | |
| 7417 | - | 229.11 (6) for a background study related to a child foster family setting application for licensure, | |
| 7418 | - | 229.12foster residence settings, children's residential facilities, a transfer of permanent legal and | |
| 7419 | - | 229.13physical custody of a child under sections 260C.503 to 260C.515, or adoptions, and for a | |
| 7420 | - | 229.14background study required for family child care, certified license-exempt child care, child | |
| 7421 | - | 229.15care centers, and legal nonlicensed child care authorized under chapter 119B, the | |
| 7422 | - | 229.16commissioner shall also review: | |
| 7423 | - | 229.17 (i) information from the child abuse and neglect registry for any state in which the | |
| 7424 | - | 229.18background study subject has resided for the past five years; | |
| 7425 | - | 229.19 (ii) when the background study subject is 18 years of age or older, or a minor under | |
| 7426 | - | 229.20section 245C.05, subdivision 5a, paragraph (c), information received following submission | |
| 7427 | - | 229.21of fingerprints for a national criminal history record check; and | |
| 7428 | - | 229.22 (iii) when the background study subject is 18 years of age or older or a minor under | |
| 7429 | - | 229.23section 245C.05, subdivision 5a, paragraph (d), for licensed family child care, certified | |
| 7430 | - | 229.24license-exempt child care, licensed child care centers, and legal nonlicensed child care | |
| 7431 | - | 229.25authorized under chapter 119B, information obtained using non-fingerprint-based data | |
| 7432 | - | 229.26including information from the criminal and sex offender registries for any state in which | |
| 7433 | - | 229.27the background study subject resided for the past five years and information from the national | |
| 7434 | - | 229.28crime information database and the national sex offender registry; and | |
| 7435 | - | 229.29 (7) for a background study required for family child care, certified license-exempt child | |
| 7436 | - | 229.30care centers, licensed child care centers, and legal nonlicensed child care authorized under | |
| 7437 | - | 229.31chapter 119B, the background study shall also include, to the extent practicable, a name | |
| 7438 | - | 229.32and date-of-birth search of the National Sex Offender Public website. | |
| 7439 | - | 229Article 6 Sec. 30. | |
| 7440 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 230.1 (b) Except as otherwise provided in this paragraph, notwithstanding expungement by a | |
| 7441 | - | 230.2court, the commissioner may consider information obtained under paragraph (a), clauses | |
| 7442 | - | 230.3(3) and (4), unless the commissioner received notice of the petition for expungement and | |
| 7443 | - | 230.4the court order for expungement is directed specifically to the commissioner. The | |
| 7444 | - | 230.5commissioner may not consider information obtained under paragraph (a), clauses (3) and | |
| 7445 | - | 230.6(4), or from any other source that identifies a violation of chapter 152 without determining | |
| 7446 | - | 230.7if the offense involved the possession of marijuana or tetrahydrocannabinol and, if so, | |
| 7447 | - | 230.8whether the person received a grant of expungement or order of expungement, or the person | |
| 7448 | - | 230.9was resentenced to a lesser offense. If the person received a grant of expungement or order | |
| 7449 | - | 230.10of expungement, the commissioner may not consider information related to that violation | |
| 7450 | - | 230.11but may consider any other relevant information arising out of the same incident. | |
| 7451 | - | 230.12 (c) The commissioner shall also review criminal case information received according | |
| 7452 | - | 230.13to section 245C.04, subdivision 4a, from the Minnesota court information system that relates | |
| 7453 | - | 230.14to individuals who have already been studied under this chapter and who remain affiliated | |
| 7454 | - | 230.15with the agency that initiated the background study. | |
| 7455 | - | 230.16 (d) When the commissioner has reasonable cause to believe that the identity of a | |
| 7456 | - | 230.17background study subject is uncertain, the commissioner may require the subject to provide | |
| 7457 | - | 230.18a set of classifiable fingerprints for purposes of completing a fingerprint-based record check | |
| 7458 | - | 230.19with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph | |
| 7459 | - | 230.20shall not be saved by the commissioner after they have been used to verify the identity of | |
| 7460 | - | 230.21the background study subject against the particular criminal record in question. | |
| 7461 | - | 230.22 (e) The commissioner may inform the entity that initiated a background study under | |
| 7462 | - | 230.23NETStudy 2.0 of the status of processing of the subject's fingerprints. | |
| 7463 | - | 230.24Sec. 31. Minnesota Statutes 2022, section 256.01, subdivision 18c, is amended to read: | |
| 7464 | - | 230.25 Subd. 18c.Drug convictions.(a) The state court administrator shall provide a report | |
| 7465 | - | 230.26every six months by electronic means to the commissioner of human services, including | |
| 7466 | - | 230.27the name, address, date of birth, and, if available, driver's license or state identification card | |
| 7467 | - | 230.28number, date of the sentence, effective date of the sentence, and county in which the | |
| 7468 | - | 230.29conviction occurred, of each person convicted of a felony under chapter 152, except for | |
| 7469 | - | 230.30convictions under section 152.0263 or 152.0264, during the previous six months. | |
| 7470 | - | 230.31 (b) The commissioner shall determine whether the individuals who are the subject of | |
| 7471 | - | 230.32the data reported under paragraph (a) are receiving public assistance under chapter 256D | |
| 7472 | - | 230.33or 256J, and if the an individual is receiving assistance under chapter 256D or 256J, the | |
| 7473 | - | 230Article 6 Sec. 31. | |
| 7474 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 231.1commissioner shall instruct the county to proceed under section 256D.024 or 256J.26, | |
| 7475 | - | 231.2whichever is applicable, for this individual. | |
| 7476 | - | 231.3 (c) The commissioner shall not retain any data received under paragraph (a) or (d) that | |
| 7477 | - | 231.4does not relate to an individual receiving publicly funded assistance under chapter 256D or | |
| 7478 | - | 231.5256J. | |
| 7479 | - | 231.6 (d) In addition to the routine data transfer under paragraph (a), the state court | |
| 7480 | - | 231.7administrator shall provide a onetime report of the data fields under paragraph (a) for | |
| 7481 | - | 231.8individuals with a felony drug conviction under chapter 152 dated from July 1, 1997, until | |
| 7482 | - | 231.9the date of the data transfer. The commissioner shall perform the tasks identified under | |
| 7483 | - | 231.10paragraph (b) related to this data and shall retain the data according to paragraph (c). | |
| 7484 | - | 231.11Sec. 32. Minnesota Statutes 2022, section 256B.0625, subdivision 13d, is amended to | |
| 7485 | - | 231.12read: | |
| 7486 | - | 231.13 Subd. 13d.Drug formulary.(a) The commissioner shall establish a drug formulary. Its | |
| 7487 | - | 231.14establishment and publication shall not be subject to the requirements of the Administrative | |
| 7488 | - | 231.15Procedure Act, but the Formulary Committee shall review and comment on the formulary | |
| 7489 | - | 231.16contents. | |
| 7490 | - | 231.17 (b) The formulary shall not include: | |
| 7491 | - | 231.18 (1) drugs, active pharmaceutical ingredients, or products for which there is no federal | |
| 7492 | - | 231.19funding; | |
| 7493 | - | 231.20 (2) over-the-counter drugs, except as provided in subdivision 13; | |
| 7494 | - | 231.21 (3) drugs or active pharmaceutical ingredients when used for the treatment of impotence | |
| 7495 | - | 231.22or erectile dysfunction; | |
| 7496 | - | 231.23 (4) drugs or active pharmaceutical ingredients for which medical value has not been | |
| 7497 | - | 231.24established; | |
| 7498 | - | 231.25 (5) drugs from manufacturers who have not signed a rebate agreement with the | |
| 7499 | - | 231.26Department of Health and Human Services pursuant to section 1927 of title XIX of the | |
| 7500 | - | 231.27Social Security Act; and | |
| 7501 | - | 231.28 (6) medical cannabis flower as defined in section 152.22, subdivision 6 342.01, | |
| 7502 | - | 231.29subdivision 53, or medical cannabinoid products as defined in section 342.01, subdivision | |
| 7503 | - | 231.3051. | |
| 7504 | - | 231.31 (c) If a single-source drug used by at least two percent of the fee-for-service medical | |
| 7505 | - | 231.32assistance recipients is removed from the formulary due to the failure of the manufacturer | |
| 7506 | - | 231Article 6 Sec. 32. | |
| 7507 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 232.1to sign a rebate agreement with the Department of Health and Human Services, the | |
| 7508 | - | 232.2commissioner shall notify prescribing practitioners within 30 days of receiving notification | |
| 7509 | - | 232.3from the Centers for Medicare and Medicaid Services (CMS) that a rebate agreement was | |
| 7510 | - | 232.4not signed. | |
| 7511 | - | 232.5Sec. 33. Minnesota Statutes 2022, section 256D.024, subdivision 1, is amended to read: | |
| 7512 | - | 232.6 Subdivision 1.Person convicted of drug offenses.(a) If an applicant or recipient has | |
| 7513 | - | 232.7been convicted of a drug offense after July 1, 1997, except for convictions related to cannabis, | |
| 7514 | - | 232.8marijuana, or tetrahydrocannabinols, the assistance unit is ineligible for benefits under this | |
| 7515 | - | 232.9chapter until five years after the applicant has completed terms of the court-ordered sentence, | |
| 7516 | - | 232.10unless the person is participating in a drug treatment program, has successfully completed | |
| 7517 | - | 232.11a drug treatment program, or has been assessed by the county and determined not to be in | |
| 7518 | - | 232.12need of a drug treatment program. Persons subject to the limitations of this subdivision who | |
| 7519 | - | 232.13become eligible for assistance under this chapter shall be subject to random drug testing as | |
| 7520 | - | 232.14a condition of continued eligibility and shall lose eligibility for benefits for five years | |
| 7521 | - | 232.15beginning the month following: | |
| 7522 | - | 232.16 (1) any positive test result for an illegal controlled substance under chapter 152; or | |
| 7523 | - | 232.17 (2) discharge of sentence after conviction for another drug felony. | |
| 7524 | - | 232.18 (b) For the purposes of this subdivision, "drug offense" means a conviction that occurred | |
| 7525 | - | 232.19after July 1, 1997, of sections 152.021 to 152.025, 152.0261, 152.0262, or 152.096. Drug | |
| 7526 | - | 232.20offense also means a conviction in another jurisdiction of the possession, use, or distribution | |
| 7527 | - | 232.21of a controlled substance, or conspiracy to commit any of these offenses, if the offense | |
| 7528 | - | 232.22occurred after July 1, 1997, and the conviction is a felony offense in that jurisdiction, or in | |
| 7529 | - | 232.23the case of New Jersey, a high misdemeanor for a crime that would be a felony if committed | |
| 7530 | - | 232.24in Minnesota. | |
| 7531 | - | 232.25Sec. 34. Minnesota Statutes 2022, section 256D.024, subdivision 3, is amended to read: | |
| 7532 | - | 232.26 Subd. 3.Fleeing felons.An individual who is fleeing to avoid prosecution, or custody, | |
| 7533 | - | 232.27or confinement after conviction for a crime that is a felony under the laws of the jurisdiction | |
| 7534 | - | 232.28from which the individual flees, or in the case of New Jersey, is a high misdemeanor, would | |
| 7535 | - | 232.29be a felony if committed in Minnesota, is ineligible to receive benefits under this chapter. | |
| 7536 | - | 232.30Sec. 35. Minnesota Statutes 2022, section 256J.26, subdivision 1, is amended to read: | |
| 7537 | - | 232.31 Subdivision 1.Person convicted of drug offenses.(a) An individual who has been | |
| 7538 | - | 232.32convicted of a felony level drug offense committed during the previous ten years from the | |
| 7539 | - | 232Article 6 Sec. 35. | |
| 7540 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 233.1date of application or recertification, except for convictions related to cannabis, marijuana, | |
| 7541 | - | 233.2or tetrahydrocannabinols, is subject to the following: | |
| 7542 | - | 233.3 (1) Benefits for the entire assistance unit must be paid in vendor form for shelter and | |
| 7543 | - | 233.4utilities during any time the applicant is part of the assistance unit. | |
| 7544 | - | 233.5 (2) The convicted applicant or participant shall be subject to random drug testing as a | |
| 7545 | - | 233.6condition of continued eligibility and following any positive test for an illegal controlled | |
| 7546 | - | 233.7substance under chapter 152 is subject to the following sanctions: | |
| 7547 | - | 233.8 (i) for failing a drug test the first time, the residual amount of the participant's grant after | |
| 7548 | - | 233.9making vendor payments for shelter and utility costs, if any, must be reduced by an amount | |
| 7549 | - | 233.10equal to 30 percent of the MFIP standard of need for an assistance unit of the same size. | |
| 7550 | - | 233.11When a sanction under this subdivision is in effect, the job counselor must attempt to meet | |
| 7551 | - | 233.12with the person face-to-face. During the face-to-face meeting, the job counselor must explain | |
| 7552 | - | 233.13the consequences of a subsequent drug test failure and inform the participant of the right to | |
| 7553 | - | 233.14appeal the sanction under section 256J.40. If a face-to-face meeting is not possible, the | |
| 7554 | - | 233.15county agency must send the participant a notice of adverse action as provided in section | |
| 7555 | - | 233.16256J.31, subdivisions 4 and 5, and must include the information required in the face-to-face | |
| 7556 | - | 233.17meeting; or | |
| 7557 | - | 233.18 (ii) for failing a drug test two times, the participant is permanently disqualified from | |
| 7558 | - | 233.19receiving MFIP assistance, both the cash and food portions. The assistance unit's MFIP | |
| 7559 | - | 233.20grant must be reduced by the amount which would have otherwise been made available to | |
| 7560 | - | 233.21the disqualified participant. Disqualification under this item does not make a participant | |
| 7561 | - | 233.22ineligible for the Supplemental Nutrition Assistance Program (SNAP). Before a | |
| 7562 | - | 233.23disqualification under this provision is imposed, the job counselor must attempt to meet | |
| 7563 | - | 233.24with the participant face-to-face. During the face-to-face meeting, the job counselor must | |
| 7564 | - | 233.25identify other resources that may be available to the participant to meet the needs of the | |
| 7565 | - | 233.26family and inform the participant of the right to appeal the disqualification under section | |
| 7566 | - | 233.27256J.40. If a face-to-face meeting is not possible, the county agency must send the participant | |
| 7567 | - | 233.28a notice of adverse action as provided in section 256J.31, subdivisions 4 and 5, and must | |
| 7568 | - | 233.29include the information required in the face-to-face meeting. | |
| 7569 | - | 233.30 (3) A participant who fails a drug test the first time and is under a sanction due to other | |
| 7570 | - | 233.31MFIP program requirements is considered to have more than one occurrence of | |
| 7571 | - | 233.32noncompliance and is subject to the applicable level of sanction as specified under section | |
| 7572 | - | 233.33256J.46, subdivision 1, paragraph (d). | |
| 7573 | - | 233Article 6 Sec. 35. | |
| 7574 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 234.1 (b) Applicants requesting only SNAP benefits or participants receiving only SNAP | |
| 7575 | - | 234.2benefits, who have been convicted of a drug offense that occurred after July 1, 1997, except | |
| 7576 | - | 234.3for convictions related to cannabis, marijuana, or tetrahydrocannabinols, may, if otherwise | |
| 7577 | - | 234.4eligible, receive SNAP benefits if the convicted applicant or participant is subject to random | |
| 7578 | - | 234.5drug testing as a condition of continued eligibility. Following a positive test for an illegal | |
| 7579 | - | 234.6controlled substance under chapter 152, the applicant is subject to the following sanctions: | |
| 7580 | - | 234.7 (1) for failing a drug test the first time, SNAP benefits shall be reduced by an amount | |
| 7581 | - | 234.8equal to 30 percent of the applicable SNAP benefit allotment. When a sanction under this | |
| 7582 | - | 234.9clause is in effect, a job counselor must attempt to meet with the person face-to-face. During | |
| 7583 | - | 234.10the face-to-face meeting, a job counselor must explain the consequences of a subsequent | |
| 7584 | - | 234.11drug test failure and inform the participant of the right to appeal the sanction under section | |
| 7585 | - | 234.12256J.40. If a face-to-face meeting is not possible, a county agency must send the participant | |
| 7586 | - | 234.13a notice of adverse action as provided in section 256J.31, subdivisions 4 and 5, and must | |
| 7587 | - | 234.14include the information required in the face-to-face meeting; and | |
| 7588 | - | 234.15 (2) for failing a drug test two times, the participant is permanently disqualified from | |
| 7589 | - | 234.16receiving SNAP benefits. Before a disqualification under this provision is imposed, a job | |
| 7590 | - | 234.17counselor must attempt to meet with the participant face-to-face. During the face-to-face | |
| 7591 | - | 234.18meeting, the job counselor must identify other resources that may be available to the | |
| 7592 | - | 234.19participant to meet the needs of the family and inform the participant of the right to appeal | |
| 7593 | - | 234.20the disqualification under section 256J.40. If a face-to-face meeting is not possible, a county | |
| 7594 | - | 234.21agency must send the participant a notice of adverse action as provided in section 256J.31, | |
| 7595 | - | 234.22subdivisions 4 and 5, and must include the information required in the face-to-face meeting. | |
| 7596 | - | 234.23 (c) For the purposes of this subdivision, "drug offense" means an offense that occurred | |
| 7597 | - | 234.24during the previous ten years from the date of application or recertification of sections | |
| 7598 | - | 234.25152.021 to 152.025, 152.0261, 152.0262, 152.096, or 152.137. Drug offense also means a | |
| 7599 | - | 234.26conviction in another jurisdiction of the possession, use, or distribution of a controlled | |
| 7600 | - | 234.27substance, or conspiracy to commit any of these offenses, if the offense occurred during | |
| 7601 | - | 234.28the previous ten years from the date of application or recertification and the conviction is | |
| 7602 | - | 234.29a felony offense in that jurisdiction, or in the case of New Jersey, a high misdemeanor for | |
| 7603 | - | 234.30a crime that would be a felony if committed in Minnesota. | |
| 7604 | - | 234.31Sec. 36. Minnesota Statutes 2022, section 256J.26, subdivision 3, is amended to read: | |
| 7605 | - | 234.32 Subd. 3.Fleeing felons.An individual who is fleeing to avoid prosecution, or custody, | |
| 7606 | - | 234.33or confinement after conviction for a crime that is a felony under the laws of the jurisdiction | |
| 7607 | - | 234Article 6 Sec. 36. | |
| 7608 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 235.1from which the individual flees, or in the case of New Jersey, is a high misdemeanor, would | |
| 7609 | - | 235.2be a felony if committed in Minnesota, is disqualified from receiving MFIP. | |
| 7610 | - | 235.3Sec. 37. [340A.4022] RETAIL LICENSE NOT PROHIBITED; LOWER-POTENCY | |
| 7611 | - | 235.4HEMP EDIBLE RETAILER. | |
| 7612 | - | 235.5 (a) Nothing in this chapter: | |
| 7613 | - | 235.6 (1) prohibits the issuance of a retail license or permit to a person also holding a | |
| 7614 | - | 235.7lower-potency hemp edible retailer license; | |
| 7615 | - | 235.8 (2) allows any agreement between a licensing authority and retail license or permit holder | |
| 7616 | - | 235.9that prohibits the license or permit holder from also holding a lower-potency hemp edible | |
| 7617 | - | 235.10retailer license; or | |
| 7618 | - | 235.11 (3) allows the revocation or suspension of a retail license or permit, or the imposition | |
| 7619 | - | 235.12of a penalty on a retail license or permit holder, due to the retail license or permit holder | |
| 7620 | - | 235.13also holding a lower-potency hemp edible retailer license. | |
| 7621 | - | 235.14 (b) For purposes of this section, "lower-potency hemp edible retailer license" means a | |
| 7622 | - | 235.15license issued by the Office of Cannabis Management under section 342.41. | |
| 7623 | - | 235.16Sec. 38. Minnesota Statutes 2022, section 340A.412, subdivision 14, is amended to read: | |
| 7624 | - | 235.17 Subd. 14.Exclusive liquor stores.(a) Except as otherwise provided in this subdivision, | |
| 7625 | - | 235.18an exclusive liquor store may sell only the following items: | |
| 7626 | - | 235.19 (1) alcoholic beverages; | |
| 7627 | - | 235.20 (2) tobacco products; | |
| 7628 | - | 235.21 (3) ice; | |
| 7629 | - | 235.22 (4) beverages, either liquid or powder, specifically designated for mixing with intoxicating | |
| 7630 | - | 235.23liquor; | |
| 7631 | - | 235.24 (5) soft drinks; | |
| 7632 | - | 235.25 (6) liqueur-filled candies; | |
| 7633 | - | 235.26 (7) food products that contain more than one-half of one percent alcohol by volume; | |
| 7634 | - | 235.27 (8) cork extraction devices; | |
| 7635 | - | 235.28 (9) books and videos on the use of alcoholic beverages; | |
| 7636 | - | 235Article 6 Sec. 38. | |
| 7637 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 236.1 (10) magazines and other publications published primarily for information and education | |
| 7638 | - | 236.2on alcoholic beverages; | |
| 7639 | - | 236.3 (11) multiple-use bags designed to carry purchased items; | |
| 7640 | - | 236.4 (12) devices designed to ensure safe storage and monitoring of alcohol in the home, to | |
| 7641 | - | 236.5prevent access by underage drinkers; | |
| 7642 | - | 236.6 (13) home brewing equipment; | |
| 7643 | - | 236.7 (14) clothing marked with the specific name, brand, or identifying logo of the exclusive | |
| 7644 | - | 236.8liquor store, and bearing no other name, brand, or identifying logo; | |
| 7645 | - | 236.9 (15) citrus fruit; and | |
| 7646 | - | 236.10 (16) glassware.; and | |
| 7647 | - | 236.11 (17) lower-potency hemp edibles as defined in section 342.01, subdivision 49. | |
| 7648 | - | 236.12 (b) An exclusive liquor store that has an on-sale, or combination on-sale and off-sale | |
| 7649 | - | 236.13license may sell food for on-premise consumption when authorized by the municipality | |
| 7650 | - | 236.14issuing the license. | |
| 7651 | - | 236.15 (c) An exclusive liquor store may offer live or recorded entertainment. | |
| 7652 | - | 236.16 EFFECTIVE DATE.This section is effective July 1, 2024. | |
| 7653 | - | 236.17Sec. 39. Minnesota Statutes 2022, section 609.2111, is amended to read: | |
| 7654 | - | 236.18 609.2111 DEFINITIONS. | |
| 7655 | - | 236.19 (a) For purposes of sections 609.2111 to 609.2114, the terms defined in this subdivision | |
| 7656 | - | 236.20have the meanings given them. | |
| 7657 | - | 236.21 (b) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, and includes | |
| 7658 | - | 236.22attached trailers. | |
| 7659 | - | 236.23 (c) "Controlled substance" has the meaning given in section 152.01 169A.03, subdivision | |
| 7660 | - | 236.244 6. | |
| 7661 | - | 236.25 (d) "Intoxicating substance" has the meaning given in section 169A.03, subdivision 11a. | |
| 7662 | - | 236.26 (e) "Qualified prior driving offense" includes a prior conviction: | |
| 7663 | - | 236.27 (1) for a violation of section 169A.20 under the circumstances described in section | |
| 7664 | - | 236.28169A.24 or 169A.25; | |
| 7665 | - | 236Article 6 Sec. 39. | |
| 7666 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 237.1 (2) under section 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); 609.2113, | |
| 7667 | - | 237.2subdivision 1, clauses (2) to (6); 2, clauses (2) to (6); or 3, clauses (2) to (6); or 609.2114, | |
| 7668 | - | 237.3subdivision 1, paragraph (a), clauses (2) to (6); or 2, clauses (2) to (6); | |
| 7669 | - | 237.4 (3) under Minnesota Statutes 2012, section 609.21, subdivision 1, clauses (2) to (6); or | |
| 7670 | - | 237.5 (4) under Minnesota Statutes 2006, section 609.21, subdivision 1, clauses (2) to (6); 2, | |
| 7671 | - | 237.6clauses (2) to (6); 2a, clauses (2) to (6); 2b, clauses (2) to (6); 3, clauses (2) to (6); or 4, | |
| 7672 | - | 237.7clauses (2) to (6). | |
| 7673 | - | 237.8 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 7674 | - | 237.9committed on or after that date. | |
| 7675 | - | 237.10Sec. 40. Minnesota Statutes 2022, section 609B.425, subdivision 2, is amended to read: | |
| 7676 | - | 237.11 Subd. 2.Benefit eligibility.(a) A person convicted of a drug offense after July 1, 1997, | |
| 7677 | - | 237.12except for convictions related to cannabis, marijuana, or tetrahydrocannabinols, is ineligible | |
| 7678 | - | 237.13for general assistance benefits and Supplemental Security Income under chapter 256D until: | |
| 7679 | - | 237.14 (1) five years after completing the terms of a court-ordered sentence; or | |
| 7680 | - | 237.15 (2) unless the person is participating in a drug treatment program, has successfully | |
| 7681 | - | 237.16completed a program, or has been determined not to be in need of a drug treatment program. | |
| 7682 | - | 237.17 (b) A person who becomes eligible for assistance under chapter 256D is subject to | |
| 7683 | - | 237.18random drug testing and shall lose eligibility for benefits for five years beginning the month | |
| 7684 | - | 237.19following: | |
| 7685 | - | 237.20 (1) any positive test for an illegal controlled substance under chapter 152; or | |
| 7686 | - | 237.21 (2) discharge of sentence for conviction of another drug felony. | |
| 7687 | - | 237.22 (c) Parole violators and fleeing felons are ineligible for benefits and persons fraudulently | |
| 7688 | - | 237.23misrepresenting eligibility are also ineligible to receive benefits for ten years. | |
| 7689 | - | 237.24Sec. 41. Minnesota Statutes 2022, section 609B.435, subdivision 2, is amended to read: | |
| 7690 | - | 237.25 Subd. 2.Drug offenders; random testing; sanctions.A person who is an applicant for | |
| 7691 | - | 237.26benefits from the Minnesota family investment program or MFIP, the vehicle for temporary | |
| 7692 | - | 237.27assistance for needy families or TANF, and who has been convicted of a drug offense, | |
| 7693 | - | 237.28except for convictions related to cannabis, marijuana, or tetrahydrocannabinols, shall be | |
| 7694 | - | 237.29subject to certain conditions, including random drug testing, in order to receive MFIP | |
| 7695 | - | 237.30benefits. Following any positive test for a controlled substance under chapter 152, the | |
| 7696 | - | 237.31convicted applicant or participant is subject to the following sanctions: | |
| 7697 | - | 237Article 6 Sec. 41. | |
| 7698 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 238.1 (1) a first time drug test failure results in a reduction of benefits in an amount equal to | |
| 7699 | - | 238.230 percent of the MFIP standard of need; and | |
| 7700 | - | 238.3 (2) a second time drug test failure results in permanent disqualification from receiving | |
| 7701 | - | 238.4MFIP assistance. | |
| 7702 | - | 238.5A similar disqualification sequence occurs if the applicant is receiving Supplemental Nutrition | |
| 7703 | - | 238.6Assistance Program (SNAP) benefits. | |
| 7704 | - | 238.7Sec. 42. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 7705 | - | 238.8to read: | |
| 7706 | - | 238.9 Subd. 13.Adult-use cannabis flower."Adult-use cannabis flower" has the meaning | |
| 7707 | - | 238.10given in section 342.01, subdivision 4. | |
| 7708 | - | 238.11Sec. 43. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 7709 | - | 238.12to read: | |
| 7710 | - | 238.13 Subd. 14.Adult-use cannabis product."Adult-use cannabis product" has the meaning | |
| 7711 | - | 238.14given in section 342.01, subdivision 2. | |
| 7712 | - | 238.15Sec. 44. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 7713 | - | 238.16to read: | |
| 7714 | - | 238.17 Subd. 15.Medical cannabis flower."Medical cannabis flower" has the meaning given | |
| 7715 | - | 238.18in section 342.01, subdivision 53. | |
| 7716 | - | 238.19Sec. 45. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 7717 | - | 238.20to read: | |
| 7718 | - | 238.21 Subd. 16.Medical cannabinoid product."Medical cannabinoid product" has the | |
| 7719 | - | 238.22meaning given in section 342.01, subdivision 51. | |
| 7720 | - | 238.23Sec. 46. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 7721 | - | 238.24to read: | |
| 7722 | - | 238.25 Subd. 17.Patient."Patient" has the meaning given in section 342.01, subdivision 58. | |
| 7723 | - | 238Article 6 Sec. 46. | |
| 7724 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 239.1Sec. 47. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 7725 | - | 239.2to read: | |
| 7726 | - | 239.3 Subd. 18.Qualifying medical condition."Qualifying medical condition" has the meaning | |
| 7727 | - | 239.4given in section 342.01, subdivision 61. | |
| 7728 | - | 239.5Sec. 48. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 7729 | - | 239.6to read: | |
| 7730 | - | 239.7 Subd. 19.Registry or registry program."Registry" or "registry program" has the | |
| 7731 | - | 239.8meaning given in section 342.01, subdivision 63. | |
| 7732 | - | 239.9Sec. 49. Minnesota Statutes 2022, section 624.713, subdivision 1, is amended to read: | |
| 7733 | - | 239.10 Subdivision 1.Ineligible persons.The following persons shall not be entitled to possess | |
| 7734 | - | 239.11ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause | |
| 7735 | - | 239.12(1), any other firearm: | |
| 7736 | - | 239.13 (1) a person under the age of 18 years except that a person under 18 may possess | |
| 7737 | - | 239.14ammunition designed for use in a firearm that the person may lawfully possess and may | |
| 7738 | - | 239.15carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual | |
| 7739 | - | 239.16presence or under the direct supervision of the person's parent or guardian, (ii) for the | |
| 7740 | - | 239.17purpose of military drill under the auspices of a legally recognized military organization | |
| 7741 | - | 239.18and under competent supervision, (iii) for the purpose of instruction, competition, or target | |
| 7742 | - | 239.19practice on a firing range approved by the chief of police or county sheriff in whose | |
| 7743 | - | 239.20jurisdiction the range is located and under direct supervision; or (iv) if the person has | |
| 7744 | - | 239.21successfully completed a course designed to teach marksmanship and safety with a pistol | |
| 7745 | - | 239.22or semiautomatic military-style assault weapon and approved by the commissioner of natural | |
| 7746 | - | 239.23resources; | |
| 7747 | - | 239.24 (2) except as otherwise provided in clause (9), a person who has been convicted of, or | |
| 7748 | - | 239.25adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in | |
| 7749 | - | 239.26this state or elsewhere, a crime of violence. For purposes of this section, crime of violence | |
| 7750 | - | 239.27includes crimes in other states or jurisdictions which would have been crimes of violence | |
| 7751 | - | 239.28as herein defined if they had been committed in this state; | |
| 7752 | - | 239.29 (3) a person who is or has ever been committed in Minnesota or elsewhere by a judicial | |
| 7753 | - | 239.30determination that the person is mentally ill, developmentally disabled, or mentally ill and | |
| 7754 | - | 239.31dangerous to the public, as defined in section 253B.02, to a treatment facility, or who has | |
| 7755 | - | 239.32ever been found incompetent to stand trial or not guilty by reason of mental illness, unless | |
| 7756 | - | 239Article 6 Sec. 49. | |
| 7757 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 240.1the person's ability to possess a firearm and ammunition has been restored under subdivision | |
| 7758 | - | 240.24; | |
| 7759 | - | 240.3 (4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or | |
| 7760 | - | 240.4gross misdemeanor violation of chapter 152, unless three years have elapsed since the date | |
| 7761 | - | 240.5of conviction and, during that time, the person has not been convicted of any other such | |
| 7762 | - | 240.6violation of chapter 152 or a similar law of another state; or a person who is or has ever | |
| 7763 | - | 240.7been committed by a judicial determination for treatment for the habitual use of a controlled | |
| 7764 | - | 240.8substance or marijuana, as defined in sections 152.01 and 152.02, unless the person's ability | |
| 7765 | - | 240.9to possess a firearm and ammunition has been restored under subdivision 4; | |
| 7766 | - | 240.10 (5) a person who has been committed to a treatment facility in Minnesota or elsewhere | |
| 7767 | - | 240.11by a judicial determination that the person is chemically dependent as defined in section | |
| 7768 | - | 240.12253B.02, unless the person has completed treatment or the person's ability to possess a | |
| 7769 | - | 240.13firearm and ammunition has been restored under subdivision 4. Property rights may not be | |
| 7770 | - | 240.14abated but access may be restricted by the courts; | |
| 7771 | - | 240.15 (6) a peace officer who is informally admitted to a treatment facility pursuant to section | |
| 7772 | - | 240.16253B.04 for chemical dependency, unless the officer possesses a certificate from the head | |
| 7773 | - | 240.17of the treatment facility discharging or provisionally discharging the officer from the | |
| 7774 | - | 240.18treatment facility. Property rights may not be abated but access may be restricted by the | |
| 7775 | - | 240.19courts; | |
| 7776 | - | 240.20 (7) a person, including a person under the jurisdiction of the juvenile court, who has | |
| 7777 | - | 240.21been charged with committing a crime of violence and has been placed in a pretrial diversion | |
| 7778 | - | 240.22program by the court before disposition, until the person has completed the diversion program | |
| 7779 | - | 240.23and the charge of committing the crime of violence has been dismissed; | |
| 7780 | - | 240.24 (8) except as otherwise provided in clause (9), a person who has been convicted in | |
| 7781 | - | 240.25another state of committing an offense similar to the offense described in section 609.224, | |
| 7782 | - | 240.26subdivision 3, against a family or household member or section 609.2242, subdivision 3, | |
| 7783 | - | 240.27unless three years have elapsed since the date of conviction and, during that time, the person | |
| 7784 | - | 240.28has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242, | |
| 7785 | - | 240.29subdivision 3, or a similar law of another state; | |
| 7786 | - | 240.30 (9) a person who has been convicted in this state or elsewhere of assaulting a family or | |
| 7787 | - | 240.31household member and who was found by the court to have used a firearm in any way | |
| 7788 | - | 240.32during commission of the assault is prohibited from possessing any type of firearm or | |
| 7789 | - | 240.33ammunition for the period determined by the sentencing court; | |
| 7790 | - | 240.34 (10) a person who: | |
| 7791 | - | 240Article 6 Sec. 49. | |
| 7792 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 241.1 (i) has been convicted in any court of a crime punishable by imprisonment for a term | |
| 7793 | - | 241.2exceeding one year; | |
| 7794 | - | 241.3 (ii) is a fugitive from justice as a result of having fled from any state to avoid prosecution | |
| 7795 | - | 241.4for a crime or to avoid giving testimony in any criminal proceeding; | |
| 7796 | - | 241.5 (iii) is an unlawful user of any controlled substance as defined in chapter 152. The use | |
| 7797 | - | 241.6of medical cannabis flower or medical cannabinoid products by a patient enrolled in the | |
| 7798 | - | 241.7registry program or the use of adult-use cannabis flower or adult-use cannabis products by | |
| 7799 | - | 241.8a person 21 years of age or older does not constitute the unlawful use of a controlled | |
| 7800 | - | 241.9substance under this item; | |
| 7801 | - | 241.10 (iv) has been judicially committed to a treatment facility in Minnesota or elsewhere as | |
| 7802 | - | 241.11a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the | |
| 7803 | - | 241.12public, as defined in section 253B.02; | |
| 7804 | - | 241.13 (v) is an alien who is illegally or unlawfully in the United States; | |
| 7805 | - | 241.14 (vi) has been discharged from the armed forces of the United States under dishonorable | |
| 7806 | - | 241.15conditions; | |
| 7807 | - | 241.16 (vii) has renounced the person's citizenship having been a citizen of the United States; | |
| 7808 | - | 241.17or | |
| 7809 | - | 241.18 (viii) is disqualified from possessing a firearm under United States Code, title 18, section | |
| 7810 | - | 241.19922(g)(8) or (9), as amended through March 1, 2014; | |
| 7811 | - | 241.20 (11) a person who has been convicted of the following offenses at the gross misdemeanor | |
| 7812 | - | 241.21level, unless three years have elapsed since the date of conviction and, during that time, the | |
| 7813 | - | 241.22person has not been convicted of any other violation of these sections: section 609.229 | |
| 7814 | - | 241.23(crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated | |
| 7815 | - | 241.24by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child); | |
| 7816 | - | 241.25609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71 | |
| 7817 | - | 241.26(riot); or 609.749 (harassment or stalking). For purposes of this paragraph, the specified | |
| 7818 | - | 241.27gross misdemeanor convictions include crimes committed in other states or jurisdictions | |
| 7819 | - | 241.28which would have been gross misdemeanors if conviction occurred in this state; | |
| 7820 | - | 241.29 (12) a person who has been convicted of a violation of section 609.224 if the court | |
| 7821 | - | 241.30determined that the assault was against a family or household member in accordance with | |
| 7822 | - | 241.31section 609.2242, subdivision 3 (domestic assault), unless three years have elapsed since | |
| 7823 | - | 241.32the date of conviction and, during that time, the person has not been convicted of another | |
| 7824 | - | 241.33violation of section 609.224 or a violation of a section listed in clause (11); or | |
| 7825 | - | 241Article 6 Sec. 49. | |
| 7826 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 242.1 (13) a person who is subject to an order for protection as described in section 260C.201, | |
| 7827 | - | 242.2subdivision 3, paragraph (d), or 518B.01, subdivision 6, paragraph (g). | |
| 7828 | - | 242.3 A person who issues a certificate pursuant to this section in good faith is not liable for | |
| 7829 | - | 242.4damages resulting or arising from the actions or misconduct with a firearm or ammunition | |
| 7830 | - | 242.5committed by the individual who is the subject of the certificate. | |
| 7831 | - | 242.6 The prohibition in this subdivision relating to the possession of firearms other than | |
| 7832 | - | 242.7pistols and semiautomatic military-style assault weapons does not apply retroactively to | |
| 7833 | - | 242.8persons who are prohibited from possessing a pistol or semiautomatic military-style assault | |
| 7834 | - | 242.9weapon under this subdivision before August 1, 1994. | |
| 7835 | - | 242.10 The lifetime prohibition on possessing, receiving, shipping, or transporting firearms and | |
| 7836 | - | 242.11ammunition for persons convicted or adjudicated delinquent of a crime of violence in clause | |
| 7837 | - | 242.12(2), applies only to offenders who are discharged from sentence or court supervision for a | |
| 7838 | - | 242.13crime of violence on or after August 1, 1993. | |
| 7839 | - | 242.14 Participation as a patient in the registry program or use of adult-use cannabis flower or | |
| 7840 | - | 242.15adult-use cannabinoid products by a person 21 years of age or older does not disqualify the | |
| 7841 | - | 242.16person from possessing firearms and ammunition under this section. | |
| 7842 | - | 242.17 For purposes of this section, "judicial determination" means a court proceeding pursuant | |
| 7843 | - | 242.18to sections 253B.07 to 253B.09 or a comparable law from another state. | |
| 7844 | - | 242.19Sec. 50. Minnesota Statutes 2022, section 624.714, subdivision 6, is amended to read: | |
| 7845 | - | 242.20 Subd. 6.Granting and denial of permits.(a) The sheriff must, within 30 days after the | |
| 7846 | - | 242.21date of receipt of the application packet described in subdivision 3: | |
| 7847 | - | 242.22 (1) issue the permit to carry; | |
| 7848 | - | 242.23 (2) deny the application for a permit to carry solely on the grounds that the applicant | |
| 7849 | - | 242.24failed to qualify under the criteria described in subdivision 2, paragraph (b); or | |
| 7850 | - | 242.25 (3) deny the application on the grounds that there exists a substantial likelihood that the | |
| 7851 | - | 242.26applicant is a danger to self or the public if authorized to carry a pistol under a permit. | |
| 7852 | - | 242.27 (b) Failure of the sheriff to notify the applicant of the denial of the application within | |
| 7853 | - | 242.2830 days after the date of receipt of the application packet constitutes issuance of the permit | |
| 7854 | - | 242.29to carry and the sheriff must promptly fulfill the requirements under paragraph (c). To deny | |
| 7855 | - | 242.30the application, the sheriff must provide the applicant with written notification and the | |
| 7856 | - | 242.31specific factual basis justifying the denial under paragraph (a), clause (2) or (3), including | |
| 7857 | - | 242.32the source of the factual basis. The sheriff must inform the applicant of the applicant's right | |
| 7858 | - | 242Article 6 Sec. 50. | |
| 7859 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 243.1to submit, within 20 business days, any additional documentation relating to the propriety | |
| 7860 | - | 243.2of the denial. Upon receiving any additional documentation, the sheriff must reconsider the | |
| 7861 | - | 243.3denial and inform the applicant within 15 business days of the result of the reconsideration. | |
| 7862 | - | 243.4Any denial after reconsideration must be in the same form and substance as the original | |
| 7863 | - | 243.5denial and must specifically address any continued deficiencies in light of the additional | |
| 7864 | - | 243.6documentation submitted by the applicant. The applicant must be informed of the right to | |
| 7865 | - | 243.7seek de novo review of the denial as provided in subdivision 12. | |
| 7866 | - | 243.8 (c) Upon issuing a permit to carry, the sheriff must provide a laminated permit card to | |
| 7867 | - | 243.9the applicant by first class mail unless personal delivery has been made. Within five business | |
| 7868 | - | 243.10days, the sheriff must submit the information specified in subdivision 7, paragraph (a), to | |
| 7869 | - | 243.11the commissioner for inclusion solely in the database required under subdivision 15, | |
| 7870 | - | 243.12paragraph (a). The sheriff must transmit the information in a manner and format prescribed | |
| 7871 | - | 243.13by the commissioner. | |
| 7872 | - | 243.14 (d) Within five business days of learning that a permit to carry has been suspended or | |
| 7873 | - | 243.15revoked, the sheriff must submit information to the commissioner regarding the suspension | |
| 7874 | - | 243.16or revocation for inclusion solely in the databases required or permitted under subdivision | |
| 7875 | - | 243.1715. | |
| 7876 | - | 243.18 (e) Notwithstanding paragraphs (a) and (b), the sheriff may suspend the application | |
| 7877 | - | 243.19process if a charge is pending against the applicant that, if resulting in conviction, will | |
| 7878 | - | 243.20prohibit the applicant from possessing a firearm. | |
| 7879 | - | 243.21 (f) A sheriff shall not deny an application for a permit to carry solely because the applicant | |
| 7880 | - | 243.22is a patient enrolled in the registry program and uses medical cannabis flower or medical | |
| 7881 | - | 243.23cannabinoid products for a qualifying medical condition or because the person is 21 years | |
| 7882 | - | 243.24of age or older and uses adult-use cannabis flower or adult-use cannabis products. | |
| 7883 | - | 243.25Sec. 51. Minnesota Statutes 2022, section 624.7142, subdivision 1, is amended to read: | |
| 7884 | - | 243.26 Subdivision 1.Acts prohibited.A person may not carry a pistol on or about the person's | |
| 7885 | - | 243.27clothes or person in a public place: | |
| 7886 | - | 243.28 (1) when the person is under the influence of a controlled substance, as defined in section | |
| 7887 | - | 243.29152.01 169A.03, subdivision 4 6; | |
| 7888 | - | 243.30 (2) when the person is under the influence of a combination of any two or more of the | |
| 7889 | - | 243.31elements named in clauses (1) and (4); | |
| 7890 | - | 243Article 6 Sec. 51. | |
| 7891 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 244.1 (3) when the person is under the influence of an intoxicating substance as defined in | |
| 7892 | - | 244.2section 169A.03, subdivision 11a, and the person knows or has reason to know that the | |
| 7893 | - | 244.3substance has the capacity to cause impairment; | |
| 7894 | - | 244.4 (4) when the person is under the influence of alcohol; | |
| 7895 | - | 244.5 (5) when the person's alcohol concentration is 0.10 or more; or | |
| 7896 | - | 244.6 (6) when the person's alcohol concentration is less than 0.10, but more than 0.04.; or | |
| 7897 | - | 244.7 (7) when the person is enrolled as a patient in the registry program, uses medical cannabis | |
| 7898 | - | 244.8flower or medical cannabinoid products, and knows or has reason to know that the medical | |
| 7899 | - | 244.9cannabis flower or medical cannabinoid products used by the person has the capacity to | |
| 7900 | - | 244.10cause impairment. | |
| 7901 | - | 244.11Sec. 52. Minnesota Statutes 2022, section 624.7143, is amended by adding a subdivision | |
| 7902 | - | 244.12to read: | |
| 7903 | - | 244.13 Subd. 6.Definition.As used in this section, "controlled substance" has the meaning | |
| 7904 | - | 244.14given in section 169A.03, subdivision 6. | |
| 7905 | - | 244.15 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 7906 | - | 244.16committed on or after that date. | |
| 7907 | - | 244.17Sec. 53. Minnesota Statutes 2022, section 624.7151, is amended to read: | |
| 7908 | - | 244.18 624.7151 STANDARDIZED FORMS. | |
| 7909 | - | 244.19 By December 1, 1992, the commissioner shall adopt statewide standards governing the | |
| 7910 | - | 244.20form and contents, as required by sections 624.7131 to 624.714, of every application for a | |
| 7911 | - | 244.21pistol transferee permit, pistol transferee permit, report of transfer of a pistol, application | |
| 7912 | - | 244.22for a permit to carry a pistol, and permit to carry a pistol that is granted or renewed on or | |
| 7913 | - | 244.23after January 1, 1993. | |
| 7914 | - | 244.24 Every application for a pistol transferee permit, pistol transferee permit, report of transfer | |
| 7915 | - | 244.25of a pistol, application for a permit to carry a pistol, and permit to carry a pistol that is | |
| 7916 | - | 244.26received, granted, or renewed by a police chief or county sheriff on or after January 1, 1993, | |
| 7917 | - | 244.27must meet the statewide standards adopted by the commissioner. Notwithstanding the | |
| 7918 | - | 244.28previous sentence, neither failure of the Department of Public Safety to adopt standards nor | |
| 7919 | - | 244.29failure of the police chief or county sheriff to meet them shall delay the timely processing | |
| 7920 | - | 244.30of applications nor invalidate permits issued on other forms meeting the requirements of | |
| 7921 | - | 244.31sections 624.7131 to 624.714. | |
| 7922 | - | 244Article 6 Sec. 53. | |
| 7923 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 245.1 Any form used for the purpose of approving or disapproving a person from purchasing, | |
| 7924 | - | 245.2owning, possessing, or carrying a firearm that inquires about the applicant's use of controlled | |
| 7925 | - | 245.3substances shall specifically authorize a patient in the registry program to refrain from | |
| 7926 | - | 245.4reporting the use of medical cannabis flower and medical cannabinoid products and shall | |
| 7927 | - | 245.5specifically authorize a person 21 years of age or older from refraining from reporting the | |
| 7928 | - | 245.6use of adult-use cannabis flower or adult-use cannabis products. | |
| 7929 | - | 245.7Sec. 54. [624.7152] LAWFUL CANNABIS USERS. | |
| 7930 | - | 245.8 (a) A person may not be denied the right to purchase, own, possess, or carry a firearm | |
| 7931 | - | 245.9solely on the basis that the person is a patient in the registry program. | |
| 7932 | - | 245.10 (b) A person may not be denied the right to purchase, own, possess, or carry a firearm | |
| 7933 | - | 245.11solely on the basis that the person is 21 years of age or older and uses adult-use cannabis | |
| 7934 | - | 245.12flower or adult-use cannabis products. | |
| 7935 | - | 245.13 (c) A state or local agency may not access a database containing the identities of patients | |
| 7936 | - | 245.14in the registry program to obtain information for the purpose of approving or disapproving | |
| 7937 | - | 245.15a person from purchasing, owning, possessing, or carrying a firearm. | |
| 7938 | - | 245.16 (d) A state or local agency may not use information gathered from a database containing | |
| 7939 | - | 245.17the identities of patients in the registry program to obtain information for the purpose of | |
| 7940 | - | 245.18approving or disapproving a person from purchasing, owning, possessing, or carrying a | |
| 7941 | - | 245.19firearm. | |
| 7942 | - | 245.20 (e) A state or local agency may not inquire about a person's status as a patient in the | |
| 7943 | - | 245.21registry program for the purpose of approving or disapproving the person from purchasing, | |
| 7944 | - | 245.22owning, possessing, or carrying a firearm. | |
| 7945 | - | 245.23 (f) A state or local agency may not inquire about the use of adult-use cannabis flower | |
| 7946 | - | 245.24or adult-use cannabis products by a person 21 years of age or older for the purpose of | |
| 7947 | - | 245.25approving or disapproving the person from purchasing, owning, possessing, or carrying a | |
| 7948 | - | 245.26firearm. | |
| 7949 | - | 245.27Sec. 55. REPEALER. | |
| 7950 | - | 245.28 (a) Minnesota Rules, parts 4770.0100; 4770.0200; 4770.0300; 4770.0400; 4770.0500; | |
| 7951 | - | 245.294770.0600; 4770.0800; 4770.0900; 4770.1000; 4770.1100; 4770.1200; 4770.1300; | |
| 7952 | - | 245.304770.1400; 4770.1460; 4770.1500; 4770.1600; 4770.1700; 4770.1800; 4770.1900; | |
| 7953 | - | 245.314770.2000; 4770.2100; 4770.2200; 4770.2300; 4770.2400; 4770.2700; 4770.2800; | |
| 7954 | - | 245.324770.4000; 4770.4002; 4770.4003; 4770.4004; 4770.4005; 4770.4007; 4770.4008; | |
| 7955 | - | 245Article 6 Sec. 55. | |
| 7956 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 246.14770.4009; 4770.4010; 4770.4012; 4770.4013; 4770.4014; 4770.4015; 4770.4016; | |
| 7957 | - | 246.24770.4017; 4770.4018; and 4770.4030, are repealed. | |
| 7958 | - | 246.3 (b) Minnesota Statutes 2022, sections 152.22, subdivisions 1, 2, 3, 4, 5, 5a, 5b, 6, 7, 8, | |
| 7959 | - | 246.49, 10, 11, 12, 13, and 14; 152.23; 152.24; 152.25, subdivisions 1, 1a, 1b, 1c, 2, 3, and 4; | |
| 7960 | - | 246.5152.26; 152.261; 152.27, subdivisions 1, 2, 3, 4, 5, 6, and 7; 152.28, subdivisions 1, 2, and | |
| 7961 | - | 246.63; 152.29, subdivisions 1, 2, 3, 3a, and 4; 152.30; 152.31; 152.32, subdivisions 1, 2, and 3; | |
| 7962 | - | 246.7152.33, subdivisions 1, 1a, 2, 3, 4, 5, and 6; 152.34; 152.35; 152.36, subdivisions 1, 1a, 2, | |
| 7963 | - | 246.83, 4, and 5; and 152.37, are repealed. | |
| 7964 | - | 246.9 (c) Minnesota Statutes 2022, section 152.027, subdivisions 3 and 4, are repealed. | |
| 7965 | - | 246.10 (d) Minnesota Statutes 2022, section 152.21, is repealed. | |
| 7966 | - | 246.11 (e) Minnesota Statutes 2022, sections 34A.01, subdivision 4; and 151.72, are repealed. | |
| 7967 | - | 246.12 EFFECTIVE DATE.Paragraphs (a) and (b) are effective January 1, 2024. Paragraph | |
| 7968 | - | 246.13(c) is effective August 1, 2023. Paragraph (d) is effective July 1, 2023. Paragraph (e) is | |
| 7969 | - | 246.14effective July 1, 2024. | |
| 7970 | - | 246.15 ARTICLE 7 | |
| 7971 | - | 246.16 TEMPORARY REGULATION OF CERTAIN PRODUCTS | |
| 7972 | - | 246.17Section 1. Minnesota Statutes 2022, section 34A.01, subdivision 4, is amended to read: | |
| 7973 | - | 246.18 Subd. 4.Food."Food" means every ingredient used for, entering into the consumption | |
| 7974 | - | 246.19of, or used or intended for use in the preparation of food, drink, confectionery, or condiment | |
| 7975 | - | 246.20for humans or other animals, whether simple, mixed, or compound; and articles used as | |
| 7976 | - | 246.21components of these ingredients, except that edible cannabinoid products, as defined in | |
| 7977 | - | 246.22section 151.72, subdivision 1, paragraph (c) (f), are not food. | |
| 7978 | - | 246.23Sec. 2. Minnesota Statutes 2022, section 144.99, subdivision 1, is amended to read: | |
| 7979 | - | 246.24 Subdivision 1.Remedies available.The provisions of chapters 103I and 157 and sections | |
| 7980 | - | 246.25115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), (14), | |
| 7981 | - | 246.26and (15); 144.1201 to 144.1204; 144.121; 144.1215; 144.1222; 144.35; 144.381 to 144.385; | |
| 7982 | - | 246.27144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9512; 144.97 to 144.98; | |
| 7983 | - | 246.28144.992; 151.72; 152.22 to 152.37; 326.70 to 326.785; 327.10 to 327.131; and 327.14 to | |
| 7984 | - | 246.29327.28 and all rules, orders, stipulation agreements, settlements, compliance agreements, | |
| 7985 | - | 246.30licenses, registrations, certificates, and permits adopted or issued by the department or under | |
| 7986 | - | 246.31any other law now in force or later enacted for the preservation of public health may, in | |
| 7987 | - | 246.32addition to provisions in other statutes, be enforced under this section. | |
| 7988 | - | 246Article 7 Sec. 2. | |
| 7989 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 247.1Sec. 3. Minnesota Statutes 2022, section 151.72, is amended to read: | |
| 7990 | - | 247.2 151.72 SALE OF CERTAIN CANNABINOID PRODUCTS. | |
| 7991 | - | 247.3 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have | |
| 7992 | - | 247.4the meanings given. | |
| 7993 | - | 247.5 (a) "Synthetically derived cannabinoid" means a cannabinoid extracted from a hemp | |
| 7994 | - | 247.6plant or hemp plant parts whose chemical makeup is changed after extraction to create a | |
| 7995 | - | 247.7different cannabinoid or other chemical compound by applying a catalyst other than heat | |
| 7996 | - | 247.8or light. Synthetically derived cannabinoid includes but is not limited to any | |
| 7997 | - | 247.9tetrahydrocannabinol created from cannabidiol. | |
| 7998 | - | 247.10 (b) "Batch" means a specific quantity of a specific product containing cannabinoids | |
| 7999 | - | 247.11derived from hemp, including an edible cannabinoid product, that is manufactured at the | |
| 8000 | - | 247.12same time and using the same methods, equipment, and ingredients that is uniform and | |
| 8001 | - | 247.13intended to meet specifications for identity, strength, purity, and composition, and that is | |
| 8002 | - | 247.14manufactured, packaged, and labeled according to a single batch production record executed | |
| 8003 | - | 247.15and documented during the same cycle of manufacture and produced by a continuous | |
| 8004 | - | 247.16process. | |
| 8005 | - | 247.17 (b) (c) "Certified hemp" means hemp plants that have been tested and found to meet the | |
| 8006 | - | 247.18requirements of chapter 18K and the rules adopted thereunder. | |
| 8007 | - | 247.19 (d) "Commissioner" means the commissioner of health. | |
| 8008 | - | 247.20 (e) "Distributor" means a person who sells, arranges a sale, or delivers a product | |
| 8009 | - | 247.21containing cannabinoids derived from hemp, including an edible cannabinoid product, that | |
| 8010 | - | 247.22the person did not manufacture to a retail establishment for sale to consumers. Distributor | |
| 8011 | - | 247.23does not include a common carrier used only to complete delivery to a retailer. | |
| 8012 | - | 247.24 (c) (f) "Edible cannabinoid product" means any product that is intended to be eaten or | |
| 8013 | - | 247.25consumed as a beverage by humans, contains a cannabinoid in combination with food | |
| 8014 | - | 247.26ingredients, and is not a drug. | |
| 8015 | - | 247.27 (d) (g) "Hemp" has the meaning given to "industrial hemp" in section 18K.02, subdivision | |
| 8016 | - | 247.283. | |
| 8017 | - | 247.29 (e) (h) "Label" has the meaning given in section 151.01, subdivision 18. | |
| 8018 | - | 247.30 (f) (i) "Labeling" means all labels and other written, printed, or graphic matter that are: | |
| 8019 | - | 247.31 (1) affixed to the immediate container in which a product regulated under this section | |
| 8020 | - | 247.32is sold; | |
| 8021 | - | 247Article 7 Sec. 3. | |
| 8022 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 248.1 (2) provided, in any manner, with the immediate container, including but not limited to | |
| 8023 | - | 248.2outer containers, wrappers, package inserts, brochures, or pamphlets; or | |
| 8024 | - | 248.3 (3) provided on that portion of a manufacturer's website that is linked by a scannable | |
| 8025 | - | 248.4barcode or matrix barcode. | |
| 8026 | - | 248.5 (g) (j) "Matrix barcode" means a code that stores data in a two-dimensional array of | |
| 8027 | - | 248.6geometrically shaped dark and light cells capable of being read by the camera on a | |
| 8028 | - | 248.7smartphone or other mobile device. | |
| 8029 | - | 248.8 (h) (k) "Nonintoxicating cannabinoid" means substances extracted from certified hemp | |
| 8030 | - | 248.9plants that do not produce intoxicating effects when consumed by any route of administration. | |
| 8031 | - | 248.10 (l) "Artificial cannabinoid" means a substance with a similar chemical structure and | |
| 8032 | - | 248.11pharmacological activity to a cannabinoid, but which is not extracted or derived from hemp | |
| 8033 | - | 248.12plants, or hemp plant parts and is instead created or produced by chemical or biochemical | |
| 8034 | - | 248.13synthesis. | |
| 8035 | - | 248.14 Subd. 2.Scope.(a) This section applies to the sale of any product that contains | |
| 8036 | - | 248.15cannabinoids extracted from hemp and that is an edible cannabinoid product or is intended | |
| 8037 | - | 248.16for human or animal consumption by any route of administration. | |
| 8038 | - | 248.17 (b) This section does not apply to any product dispensed by a registered medical cannabis | |
| 8039 | - | 248.18manufacturer pursuant to sections 152.22 to 152.37. | |
| 8040 | - | 248.19 (c) The board commissioner must have no authority over food products, as defined in | |
| 8041 | - | 248.20section 34A.01, subdivision 4, that do not contain cannabinoids extracted or derived from | |
| 8042 | - | 248.21hemp. | |
| 8043 | - | 248.22 Subd. 3.Sale of cannabinoids derived from hemp.(a) Notwithstanding any other | |
| 8044 | - | 248.23section of this chapter, a product containing nonintoxicating cannabinoids, including an | |
| 8045 | - | 248.24edible cannabinoid product, may be sold for human or animal consumption only if all of | |
| 8046 | - | 248.25the requirements of this section are met, provided that a product sold for human or animal | |
| 8047 | - | 248.26consumption does not contain more than 0.3 percent of any tetrahydrocannabinol and an | |
| 8048 | - | 248.27edible cannabinoid product does not contain an amount of any tetrahydrocannabinol that | |
| 8049 | - | 248.28exceeds the limits established in subdivision 5a, paragraph (f). | |
| 8050 | - | 248.29 (b) No other substance extracted or otherwise derived from hemp may be sold for human | |
| 8051 | - | 248.30consumption if the substance is intended: | |
| 8052 | - | 248.31 (1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention | |
| 8053 | - | 248.32of disease in humans or other animals; or | |
| 7175 | + | 221.3 Subd. 5a.Cannabis testing."Cannabis testing" means the analysis of a body component | |
| 7176 | + | 221.4sample according to the standards established under one of the programs listed in section | |
| 7177 | + | 221.5181.953, subdivision 1, for the purpose of measuring the presence or absence of cannabis | |
| 7178 | + | 221.6flower, as defined in section 342.01, subdivision 16, cannabis products, as defined in section | |
| 7179 | + | 221.7342.01, subdivision 2, or cannabis metabolites in the sample tested. The definitions in this | |
| 7180 | + | 221.8section apply to cannabis testing unless stated otherwise. | |
| 7181 | + | 221.9Sec. 30. Minnesota Statutes 2022, section 181.950, subdivision 8, is amended to read: | |
| 7182 | + | 221.10 Subd. 8.Initial screening test."Initial screening test" means a drug or alcohol test or | |
| 7183 | + | 221.11cannabis test which uses a method of analysis under one of the programs listed in section | |
| 7184 | + | 221.12181.953, subdivision 1. | |
| 7185 | + | 221.13Sec. 31. Minnesota Statutes 2022, section 181.950, subdivision 13, is amended to read: | |
| 7186 | + | 221.14 Subd. 13.Safety-sensitive position."Safety-sensitive position" means a job, including | |
| 7187 | + | 221.15any supervisory or management position, in which an impairment caused by drug or, alcohol, | |
| 7188 | + | 221.16or cannabis usage would threaten the health or safety of any person. | |
| 7189 | + | 221.17Sec. 32. Minnesota Statutes 2022, section 181.951, subdivision 4, is amended to read: | |
| 7190 | + | 221.18 Subd. 4.Random testing.An employer may request or require employees to undergo | |
| 7191 | + | 221.19cannabis testing or drug and alcohol testing on a random selection basis only if (1) they are | |
| 7192 | + | 221.20employed in safety-sensitive positions, or (2) they are employed as professional athletes if | |
| 7193 | + | 221.21the professional athlete is subject to a collective bargaining agreement permitting random | |
| 7194 | + | 221.22testing but only to the extent consistent with the collective bargaining agreement. | |
| 7195 | + | 221.23Sec. 33. Minnesota Statutes 2022, section 181.951, is amended by adding a subdivision | |
| 7196 | + | 221.24to read: | |
| 7197 | + | 221.25 Subd. 8.Limitations on cannabis testing.(a) An employer must not request or require | |
| 7198 | + | 221.26a job applicant to undergo cannabis testing solely for the purpose of determining the presence | |
| 7199 | + | 221.27or absence of cannabis as a condition of employment unless otherwise required by state or | |
| 7200 | + | 221.28federal law. | |
| 7201 | + | 221.29 (b) Unless otherwise required by state or federal law, an employer must not refuse to | |
| 7202 | + | 221.30hire a job applicant solely because the job applicant submits to a cannabis test authorized | |
| 7203 | + | 221.31by this section and the results of the test indicate the presence of cannabis. | |
| 7204 | + | 221Article 6 Sec. 33. | |
| 7205 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 222.1 (c) An employer must not request or require an employee or job applicant to undergo | |
| 7206 | + | 222.2cannabis testing on an arbitrary or capricious basis. | |
| 7207 | + | 222.3 (d) An employer may request or require an employee to undergo cannabis testing | |
| 7208 | + | 222.4conducted by a testing laboratory that participates in one of the programs listed in section | |
| 7209 | + | 222.5181.953, subdivision 1, if the employer has a reasonable suspicion that while the employee | |
| 7210 | + | 222.6is working or while the employee is on the employer's premises or operating the employer's | |
| 7211 | + | 222.7vehicle, machinery, or equipment, the employee: | |
| 7212 | + | 222.8 (1) as the result of consuming cannabis flower or a cannabinoid product, does not possess | |
| 7213 | + | 222.9that clearness of intellect and control of self that the employee otherwise would have; | |
| 7214 | + | 222.10 (2) has violated the employer's written work rules prohibiting cannabis use, possession, | |
| 7215 | + | 222.11impairment, sale, or transfer, provided that the work rules for cannabis and cannabis testing | |
| 7216 | + | 222.12are in writing and in a written policy that contains the minimum information required in | |
| 7217 | + | 222.13section 181.952; or | |
| 7218 | + | 222.14 (3) has sustained a personal injury or has a caused a work-related accident as provided | |
| 7219 | + | 222.15in subdivision 5, clauses (3) and (4). | |
| 7220 | + | 222.16 (e) Cannabis testing authorized under paragraph (d) must comply with the safeguards | |
| 7221 | + | 222.17for testing employees provided in sections 181.953 and 181.954. | |
| 7222 | + | 222.18Sec. 34. Minnesota Statutes 2022, section 181.951, is amended by adding a subdivision | |
| 7223 | + | 222.19to read: | |
| 7224 | + | 222.20 Subd. 9.Cannabis testing exceptions.For the following positions, cannabis and its | |
| 7225 | + | 222.21metabolites are considered a drug and subject to the drug and alcohol testing provisions in | |
| 7226 | + | 222.22sections 181.950 to 181.957: | |
| 7227 | + | 222.23 (1) a safety-sensitive position, as defined in section 181.950, subdivision 13; | |
| 7228 | + | 222.24 (2) a peace officer position, as defined in section 626.84, subdivision 1; | |
| 7229 | + | 222.25 (3) a firefighter position, as defined in section 299N.01, subdivision 3; | |
| 7230 | + | 222.26 (4) a position requiring face-to-face care, training, education, supervision, counseling, | |
| 7231 | + | 222.27consultation, or medical assistance to: | |
| 7232 | + | 222.28 (i) children; | |
| 7233 | + | 222.29 (ii) vulnerable adults, as defined in section 626.5572, subdivision 21; or | |
| 7234 | + | 222.30 (iii) patients who receive health care services from a provider for the treatment, | |
| 7235 | + | 222.31examination, or emergency care of a medical, psychiatric, or mental condition; | |
| 7236 | + | 222Article 6 Sec. 34. | |
| 7237 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 223.1 (5) a position requiring a commercial driver's license or requiring an employee to operate | |
| 7238 | + | 223.2a motor vehicle for which state or federal law requires drug or alcohol testing of a job | |
| 7239 | + | 223.3applicant or an employee; | |
| 7240 | + | 223.4 (6) a position of employment funded by a federal grant; or | |
| 7241 | + | 223.5 (7) any other position for which state or federal law requires testing of a job applicant | |
| 7242 | + | 223.6or an employee for cannabis. | |
| 7243 | + | 223.7Sec. 35. Minnesota Statutes 2022, section 181.952, is amended by adding a subdivision | |
| 7244 | + | 223.8to read: | |
| 7245 | + | 223.9 Subd. 3.Cannabis policy.(a) Unless otherwise provided by state or federal law, an | |
| 7246 | + | 223.10employer is not required to permit or accommodate cannabis flower or cannabis product | |
| 7247 | + | 223.11use, possession, impairment, sale, or transfer while an employee is working or while an | |
| 7248 | + | 223.12employee is on the employer's premises or operating the employer's vehicle, machinery, or | |
| 7249 | + | 223.13equipment. | |
| 7250 | + | 223.14 (b) An employer may only enact and enforce written work rules prohibiting cannabis | |
| 7251 | + | 223.15flower and cannabinoid product use, possession, impairment, sale, or transfer while an | |
| 7252 | + | 223.16employee is working or while an employee is on the employer's premises or operating the | |
| 7253 | + | 223.17employer's vehicle, machinery, or equipment in a written policy that contains the minimum | |
| 7254 | + | 223.18information required by this section. | |
| 7255 | + | 223.19Sec. 36. Minnesota Statutes 2022, section 181.953, is amended to read: | |
| 7256 | + | 223.20 181.953 RELIABILITY AND FAIRNESS SAFEGUARDS. | |
| 7257 | + | 223.21 Subdivision 1.Use of licensed, accredited, or certified laboratory required.(a) An | |
| 7258 | + | 223.22employer who requests or requires an employee or job applicant to undergo drug or alcohol | |
| 7259 | + | 223.23testing or cannabis testing shall use the services of a testing laboratory that meets one of | |
| 7260 | + | 223.24the following criteria for drug testing: | |
| 7261 | + | 223.25 (1) is certified by the National Institute on Drug Abuse as meeting the mandatory | |
| 7262 | + | 223.26guidelines published at 53 Federal Register 11970 to 11989, April 11, 1988; | |
| 7263 | + | 223.27 (2) is accredited by the College of American Pathologists, 325 Waukegan Road, | |
| 7264 | + | 223.28Northfield, Illinois, 60093-2750, under the forensic urine drug testing laboratory program; | |
| 7265 | + | 223.29or | |
| 7266 | + | 223.30 (3) is licensed to test for drugs by the state of New York, Department of Health, under | |
| 7267 | + | 223.31Public Health Law, article 5, title V, and rules adopted under that law. | |
| 7268 | + | 223Article 6 Sec. 36. | |
| 7269 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 224.1 (b) For alcohol testing, the laboratory must either be: | |
| 7270 | + | 224.2 (1) licensed to test for drugs and alcohol by the state of New York, Department of Health, | |
| 7271 | + | 224.3under Public Health Law, article 5, title V, and the rules adopted under that law; or | |
| 7272 | + | 224.4 (2) accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, | |
| 7273 | + | 224.5Illinois, 60093-2750, in the laboratory accreditation program. | |
| 7274 | + | 224.6 Subd. 3.Laboratory testing, reporting, and sample retention requirements.A testing | |
| 7275 | + | 224.7laboratory that is not certified by the National Institute on Drug Abuse according to | |
| 7276 | + | 224.8subdivision 1 shall follow the chain-of-custody procedures prescribed for employers in | |
| 7277 | + | 224.9subdivision 5. A testing laboratory shall conduct a confirmatory test on all samples that | |
| 7278 | + | 224.10produced a positive test result on an initial screening test. A laboratory shall disclose to the | |
| 7279 | + | 224.11employer a written test result report for each sample tested within three working days after | |
| 7280 | + | 224.12a negative test result on an initial screening test or, when the initial screening test produced | |
| 7281 | + | 224.13a positive test result, within three working days after a confirmatory test. A test report must | |
| 7282 | + | 224.14indicate the drugs, alcohol, or drug or alcohol metabolites, or cannabis or cannabis | |
| 7283 | + | 224.15metabolites tested for and whether the test produced negative or positive test results. A | |
| 7284 | + | 224.16laboratory shall retain and properly store for at least six months all samples that produced | |
| 7285 | + | 224.17a positive test result. | |
| 7286 | + | 224.18 Subd. 4.Prohibitions on employers.An employer may not conduct drug or alcohol | |
| 7287 | + | 224.19testing or cannabis testing of its own employees and job applicants using a testing laboratory | |
| 7288 | + | 224.20owned and operated by the employer; except that, one agency of the state may test the | |
| 7289 | + | 224.21employees of another agency of the state. Except as provided in subdivision 9, an employer | |
| 7290 | + | 224.22may not request or require an employee or job applicant to contribute to, or pay the cost of, | |
| 7291 | + | 224.23drug or alcohol testing or cannabis testing under sections 181.950 to 181.954. | |
| 7292 | + | 224.24 Subd. 5.Employer chain-of-custody procedures.An employer shall establish its own | |
| 7293 | + | 224.25reliable chain-of-custody procedures to ensure proper record keeping, handling, labeling, | |
| 7294 | + | 224.26and identification of the samples to be tested. The procedures must require the following: | |
| 7295 | + | 224.27 (1) possession of a sample must be traceable to the employee from whom the sample is | |
| 7296 | + | 224.28collected, from the time the sample is collected through the time the sample is delivered to | |
| 7297 | + | 224.29the laboratory; | |
| 7298 | + | 224.30 (2) the sample must always be in the possession of, must always be in view of, or must | |
| 7299 | + | 224.31be placed in a secured area by a person authorized to handle the sample; | |
| 7300 | + | 224.32 (3) a sample must be accompanied by a written chain-of-custody record; and | |
| 7301 | + | 224Article 6 Sec. 36. | |
| 7302 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 225.1 (4) individuals relinquishing or accepting possession of the sample must record the time | |
| 7303 | + | 225.2the possession of the sample was transferred and must sign and date the chain-of-custody | |
| 7304 | + | 225.3record at the time of transfer. | |
| 7305 | + | 225.4 Subd. 6.Rights of employees and job applicants.(a) Before requesting an employee | |
| 7306 | + | 225.5or job applicant to undergo drug or alcohol testing or requesting cannabis testing, an employer | |
| 7307 | + | 225.6shall provide the employee or job applicant with a form, developed by the employer, on | |
| 7308 | + | 225.7which to acknowledge that the employee or job applicant has seen the employer's drug and | |
| 7309 | + | 225.8alcohol testing or cannabis testing policy. | |
| 7310 | + | 225.9 (b) If an employee or job applicant tests positive for drug use, the employee must be | |
| 7311 | + | 225.10given written notice of the right to explain the positive test and the employer may request | |
| 7312 | + | 225.11that the employee or job applicant indicate any over-the-counter or prescription medication | |
| 7313 | + | 225.12that the individual is currently taking or has recently taken and any other information relevant | |
| 7314 | + | 225.13to the reliability of, or explanation for, a positive test result. | |
| 7315 | + | 225.14 (c) Within three working days after notice of a positive test result on a confirmatory test, | |
| 7316 | + | 225.15the employee or job applicant may submit information to the employer, in addition to any | |
| 7317 | + | 225.16information already submitted under paragraph (b), to explain that result, or may request a | |
| 7318 | + | 225.17confirmatory retest of the original sample at the employee's or job applicant's own expense | |
| 7319 | + | 225.18as provided under subdivision 9. | |
| 7320 | + | 225.19 Subd. 7.Notice of test results.Within three working days after receipt of a test result | |
| 7321 | + | 225.20report from the testing laboratory, an employer shall inform in writing an employee or job | |
| 7322 | + | 225.21applicant who has undergone drug or alcohol testing or cannabis testing of (1) a negative | |
| 7323 | + | 225.22test result on an initial screening test or of a negative or positive test result on a confirmatory | |
| 7324 | + | 225.23test and (2) the right provided in subdivision 8. In the case of a positive test result on a | |
| 7325 | + | 225.24confirmatory test, the employer shall also, at the time of this notice, inform the employee | |
| 7326 | + | 225.25or job applicant in writing of the rights provided in subdivisions 6, paragraph (b), 9, and | |
| 7327 | + | 225.26either subdivision 10 or 11, whichever applies. | |
| 7328 | + | 225.27 Subd. 8.Right to test result report.An employee or job applicant has the right to | |
| 7329 | + | 225.28request and receive from the employer a copy of the test result report on any drug or alcohol | |
| 7330 | + | 225.29test or cannabis test. | |
| 7331 | + | 225.30 Subd. 9.Confirmatory retests.An employee or job applicant may request a confirmatory | |
| 7332 | + | 225.31retest of the original sample at the employee's or job applicant's own expense after notice | |
| 7333 | + | 225.32of a positive test result on a confirmatory test. Within five working days after notice of the | |
| 7334 | + | 225.33confirmatory test result, the employee or job applicant shall notify the employer in writing | |
| 7335 | + | 225.34of the employee's or job applicant's intention to obtain a confirmatory retest. Within three | |
| 7336 | + | 225Article 6 Sec. 36. | |
| 7337 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 226.1working days after receipt of the notice, the employer shall notify the original testing | |
| 7338 | + | 226.2laboratory that the employee or job applicant has requested the laboratory to conduct the | |
| 7339 | + | 226.3confirmatory retest or transfer the sample to another laboratory licensed under subdivision | |
| 7340 | + | 226.41 to conduct the confirmatory retest. The original testing laboratory shall ensure that the | |
| 7341 | + | 226.5chain-of-custody procedures in subdivision 3 are followed during transfer of the sample to | |
| 7342 | + | 226.6the other laboratory. The confirmatory retest must use the same drug or, alcohol, or cannabis | |
| 7343 | + | 226.7threshold detection levels as used in the original confirmatory test. If the confirmatory retest | |
| 7344 | + | 226.8does not confirm the original positive test result, no adverse personnel action based on the | |
| 7345 | + | 226.9original confirmatory test may be taken against the employee or job applicant. | |
| 7346 | + | 226.10 Subd. 10.Limitations on employee discharge, discipline, or discrimination.(a) An | |
| 7347 | + | 226.11employer may not discharge, discipline, discriminate against, or request or require | |
| 7348 | + | 226.12rehabilitation of an employee on the basis of a positive test result from an initial screening | |
| 7349 | + | 226.13test that has not been verified by a confirmatory test. | |
| 7350 | + | 226.14 (b) In addition to the limitation under paragraph (a), an employer may not discharge an | |
| 7351 | + | 226.15employee for whom a positive test result on a confirmatory test was the first such result for | |
| 7352 | + | 226.16the employee on a drug or alcohol test or cannabis test requested by the employer unless | |
| 7353 | + | 226.17the following conditions have been met: | |
| 7354 | + | 226.18 (1) the employer has first given the employee an opportunity to participate in, at the | |
| 7355 | + | 226.19employee's own expense or pursuant to coverage under an employee benefit plan, either a | |
| 7356 | + | 226.20drug or, alcohol, or cannabis counseling or rehabilitation program, whichever is more | |
| 7357 | + | 226.21appropriate, as determined by the employer after consultation with a certified chemical use | |
| 7358 | + | 226.22counselor or a physician trained in the diagnosis and treatment of substance use disorder; | |
| 7359 | + | 226.23and | |
| 7360 | + | 226.24 (2) the employee has either refused to participate in the counseling or rehabilitation | |
| 7361 | + | 226.25program or has failed to successfully complete the program, as evidenced by withdrawal | |
| 7362 | + | 226.26from the program before its completion or by a positive test result on a confirmatory test | |
| 7363 | + | 226.27after completion of the program. | |
| 7364 | + | 226.28 (c) Notwithstanding paragraph (a), an employer may temporarily suspend the tested | |
| 7365 | + | 226.29employee or transfer that employee to another position at the same rate of pay pending the | |
| 7366 | + | 226.30outcome of the confirmatory test and, if requested, the confirmatory retest, provided the | |
| 7367 | + | 226.31employer believes that it is reasonably necessary to protect the health or safety of the | |
| 7368 | + | 226.32employee, coemployees, or the public. An employee who has been suspended without pay | |
| 7369 | + | 226.33must be reinstated with back pay if the outcome of the confirmatory test or requested | |
| 7370 | + | 226.34confirmatory retest is negative. | |
| 7371 | + | 226Article 6 Sec. 36. | |
| 7372 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 227.1 (d) An employer may not discharge, discipline, discriminate against, or request or require | |
| 7373 | + | 227.2rehabilitation of an employee on the basis of medical history information revealed to the | |
| 7374 | + | 227.3employer pursuant to subdivision 6 unless the employee was under an affirmative duty to | |
| 7375 | + | 227.4provide the information before, upon, or after hire. | |
| 7376 | + | 227.5 (e) An employee must be given access to information in the employee's personnel file | |
| 7377 | + | 227.6relating to positive test result reports and other information acquired in the drug and alcohol | |
| 7378 | + | 227.7testing process or cannabis testing process and conclusions drawn from and actions taken | |
| 7379 | + | 227.8based on the reports or other acquired information. | |
| 7380 | + | 227.9 Subd. 10a.Additional limitations for cannabis.An employer may discipline, discharge, | |
| 7381 | + | 227.10or take other adverse personnel action against an employee for cannabis flower or cannabis | |
| 7382 | + | 227.11product use, possession, impairment, sale, or transfer while an employee is working, on the | |
| 7383 | + | 227.12employer's premises, or operating the employer's vehicle, machinery, or equipment as | |
| 7384 | + | 227.13follows: | |
| 7385 | + | 227.14 (1) if, as the result of consuming cannabis flower or a cannabis product, the employee | |
| 7386 | + | 227.15does not possess that clearness of intellect and control of self that the employee otherwise | |
| 7387 | + | 227.16would have; | |
| 7388 | + | 227.17 (2) if cannabis testing that the employer requested or required pursuant to section 181.951, | |
| 7389 | + | 227.18subdivision 8, paragraphs (d) and (e), verifies the presence of cannabis following a | |
| 7390 | + | 227.19confirmatory test; | |
| 7391 | + | 227.20 (3) as provided in the employer's written work rules for cannabis and cannabis testing, | |
| 7392 | + | 227.21provided that the rules are in writing and in a written policy that contains the minimum | |
| 7393 | + | 227.22information required by section 181.952; or | |
| 7394 | + | 227.23 (4) as otherwise authorized under state or federal law. | |
| 7395 | + | 227.24 Subd. 11.Limitation on withdrawal of job offer.If a job applicant has received a job | |
| 7396 | + | 227.25offer made contingent on the applicant passing drug and alcohol testing, the employer may | |
| 7397 | + | 227.26not withdraw the offer based on a positive test result from an initial screening test that has | |
| 7398 | + | 227.27not been verified by a confirmatory test. | |
| 7399 | + | 227.28Sec. 37. Minnesota Statutes 2022, section 181.954, is amended to read: | |
| 7400 | + | 227.29 181.954 PRIVACY, CONFIDENTIALITY, AND PRIVILEGE SAFEGUARDS. | |
| 7401 | + | 227.30 Subdivision 1.Privacy limitations.A laboratory may only disclose to the employer test | |
| 7402 | + | 227.31result data regarding the presence or absence of drugs, alcohol, or their metabolites in a | |
| 7403 | + | 227.32sample tested. | |
| 7404 | + | 227Article 6 Sec. 37. | |
| 7405 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 228.1 Subd. 2.Confidentiality limitations.Test result reports and other information acquired | |
| 7406 | + | 228.2in the drug or alcohol testing or cannabis testing process are, with respect to private sector | |
| 7407 | + | 228.3employees and job applicants, private and confidential information, and, with respect to | |
| 7408 | + | 228.4public sector employees and job applicants, private data on individuals as that phrase is | |
| 7409 | + | 228.5defined in chapter 13, and may not be disclosed by an employer or laboratory to another | |
| 7410 | + | 228.6employer or to a third-party individual, governmental agency, or private organization without | |
| 7411 | + | 228.7the written consent of the employee or job applicant tested. | |
| 7412 | + | 228.8 Subd. 3.Exceptions to privacy and confidentiality disclosure | |
| 7413 | + | 228.9limitations.Notwithstanding subdivisions 1 and 2, evidence of a positive test result on a | |
| 7414 | + | 228.10confirmatory test may be: (1) used in an arbitration proceeding pursuant to a collective | |
| 7415 | + | 228.11bargaining agreement, an administrative hearing under chapter 43A or other applicable state | |
| 7416 | + | 228.12or local law, or a judicial proceeding, provided that information is relevant to the hearing | |
| 7417 | + | 228.13or proceeding; (2) disclosed to any federal agency or other unit of the United States | |
| 7418 | + | 228.14government as required under federal law, regulation, or order, or in accordance with | |
| 7419 | + | 228.15compliance requirements of a federal government contract; and (3) disclosed to a substance | |
| 7420 | + | 228.16abuse treatment facility for the purpose of evaluation or treatment of the employee. | |
| 7421 | + | 228.17 Subd. 4.Privilege.Positive test results from an employer drug or alcohol testing or | |
| 7422 | + | 228.18cannabis testing program may not be used as evidence in a criminal action against the | |
| 7423 | + | 228.19employee or job applicant tested. | |
| 7424 | + | 228.20Sec. 38. Minnesota Statutes 2022, section 181.955, is amended to read: | |
| 7425 | + | 228.21 181.955 CONSTRUCTION. | |
| 7426 | + | 228.22 Subdivision 1.Freedom to collectively bargain.Sections 181.950 to 181.954 shall not | |
| 7427 | + | 228.23be construed to limit the parties to a collective bargaining agreement from bargaining and | |
| 7428 | + | 228.24agreeing with respect to a drug and alcohol testing or a cannabis testing policy that meets | |
| 7429 | + | 228.25or exceeds, and does not otherwise conflict with, the minimum standards and requirements | |
| 7430 | + | 228.26for employee protection provided in those sections. | |
| 7431 | + | 228.27 Subd. 2.Employee protections under existing collective bargaining | |
| 7432 | + | 228.28agreements.Sections 181.950 to 181.954 shall not be construed to interfere with or diminish | |
| 7433 | + | 228.29any employee protections relating to drug and alcohol testing or cannabis testing already | |
| 7434 | + | 228.30provided under collective bargaining agreements in effect on the effective date of those | |
| 7435 | + | 228.31sections that exceed the minimum standards and requirements for employee protection | |
| 7436 | + | 228.32provided in those sections. | |
| 7437 | + | 228Article 6 Sec. 38. | |
| 7438 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 229.1 Subd. 3.Professional athletes.Sections 181.950 to 181.954 shall not be construed to | |
| 7439 | + | 229.2interfere with the operation of a drug and alcohol testing or cannabis testing program if: | |
| 7440 | + | 229.3 (1) the drug and alcohol testing program is permitted under a contract between the | |
| 7441 | + | 229.4employer and employees; and | |
| 7442 | + | 229.5 (2) the covered employees are employed as professional athletes. | |
| 7443 | + | 229.6 Upon request of the commissioner of labor and industry, the exclusive representative | |
| 7444 | + | 229.7of the employees and the employer shall certify to the commissioner of labor and industry | |
| 7445 | + | 229.8that the drug and alcohol testing or cannabis testing program permitted under the contract | |
| 7446 | + | 229.9should operate without interference from the sections specified in this subdivision. This | |
| 7447 | + | 229.10subdivision must not be construed to create an exemption from controlled substance crimes | |
| 7448 | + | 229.11in chapter 152. | |
| 7449 | + | 229.12Sec. 39. Minnesota Statutes 2022, section 181.957, subdivision 1, is amended to read: | |
| 7450 | + | 229.13 Subdivision 1.Excluded employees and job applicants.Except as provided under | |
| 7451 | + | 229.14subdivision 2, the employee and job applicant protections provided under sections 181.950 | |
| 7452 | + | 229.15to 181.956 do not apply to employees and job applicants where the specific work performed | |
| 7453 | + | 229.16requires those employees and job applicants to be subject to drug and alcohol testing or | |
| 7454 | + | 229.17cannabis testing pursuant to: | |
| 7455 | + | 229.18 (1) federal regulations that specifically preempt state regulation of drug and alcohol | |
| 7456 | + | 229.19testing or cannabis testing with respect to those employees and job applicants; | |
| 7457 | + | 229.20 (2) federal regulations or requirements necessary to operate federally regulated facilities; | |
| 7458 | + | 229.21 (3) federal contracts where the drug and alcohol testing or cannabis testing is conducted | |
| 7459 | + | 229.22for security, safety, or protection of sensitive or proprietary data; or | |
| 7460 | + | 229.23 (4) state agency rules that adopt federal regulations applicable to the interstate component | |
| 7461 | + | 229.24of a federally regulated industry, and the adoption of those rules is for the purpose of | |
| 7462 | + | 229.25conforming the nonfederally regulated intrastate component of the industry to identical | |
| 7463 | + | 229.26regulation. | |
| 7464 | + | 229.27Sec. 40. Minnesota Statutes 2022, section 192A.555, is amended to read: | |
| 7465 | + | 229.28 192A.555 DRIVING WHILE UNDER THE INFLUENCE OR RECKLESS | |
| 7466 | + | 229.29DRIVING. | |
| 7467 | + | 229.30 Any person subject to this code who drives, operates or is in physical control of any | |
| 7468 | + | 229.31motor vehicle or aircraft while under the influence of an alcoholic beverage or controlled | |
| 7469 | + | 229Article 6 Sec. 40. | |
| 7470 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 230.1substance as defined in section 169A.03, subdivision 6, or a combination thereof or whose | |
| 7471 | + | 230.2blood contains 0.08 percent or more by weight of alcohol or who operates said motor vehicle | |
| 7472 | + | 230.3or aircraft in a reckless or wanton manner, shall be punished as a court-martial may direct. | |
| 7473 | + | 230.4 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 7474 | + | 230.5committed on or after that date. | |
| 7475 | + | 230.6Sec. 41. Minnesota Statutes 2022, section 245C.08, subdivision 1, is amended to read: | |
| 7476 | + | 230.7 Subdivision 1.Background studies conducted by Department of Human Services.(a) | |
| 7477 | + | 230.8For a background study conducted by the Department of Human Services, the commissioner | |
| 7478 | + | 230.9shall review: | |
| 7479 | + | 230.10 (1) information related to names of substantiated perpetrators of maltreatment of | |
| 7480 | + | 230.11vulnerable adults that has been received by the commissioner as required under section | |
| 7481 | + | 230.12626.557, subdivision 9c, paragraph (j); | |
| 7482 | + | 230.13 (2) the commissioner's records relating to the maltreatment of minors in licensed | |
| 7483 | + | 230.14programs, and from findings of maltreatment of minors as indicated through the social | |
| 7484 | + | 230.15service information system; | |
| 7485 | + | 230.16 (3) information from juvenile courts as required in subdivision 4 for individuals listed | |
| 7486 | + | 230.17in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause; | |
| 7487 | + | 230.18 (4) information from the Bureau of Criminal Apprehension, including information | |
| 7488 | + | 230.19regarding a background study subject's registration in Minnesota as a predatory offender | |
| 7489 | + | 230.20under section 243.166; | |
| 7490 | + | 230.21 (5) except as provided in clause (6), information received as a result of submission of | |
| 7491 | + | 230.22fingerprints for a national criminal history record check, as defined in section 245C.02, | |
| 7492 | + | 230.23subdivision 13c, when the commissioner has reasonable cause for a national criminal history | |
| 7493 | + | 230.24record check as defined under section 245C.02, subdivision 15a, or as required under section | |
| 7494 | + | 230.25144.057, subdivision 1, clause (2); | |
| 7495 | + | 230.26 (6) for a background study related to a child foster family setting application for licensure, | |
| 7496 | + | 230.27foster residence settings, children's residential facilities, a transfer of permanent legal and | |
| 7497 | + | 230.28physical custody of a child under sections 260C.503 to 260C.515, or adoptions, and for a | |
| 7498 | + | 230.29background study required for family child care, certified license-exempt child care, child | |
| 7499 | + | 230.30care centers, and legal nonlicensed child care authorized under chapter 119B, the | |
| 7500 | + | 230.31commissioner shall also review: | |
| 7501 | + | 230Article 6 Sec. 41. | |
| 7502 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 231.1 (i) information from the child abuse and neglect registry for any state in which the | |
| 7503 | + | 231.2background study subject has resided for the past five years; | |
| 7504 | + | 231.3 (ii) when the background study subject is 18 years of age or older, or a minor under | |
| 7505 | + | 231.4section 245C.05, subdivision 5a, paragraph (c), information received following submission | |
| 7506 | + | 231.5of fingerprints for a national criminal history record check; and | |
| 7507 | + | 231.6 (iii) when the background study subject is 18 years of age or older or a minor under | |
| 7508 | + | 231.7section 245C.05, subdivision 5a, paragraph (d), for licensed family child care, certified | |
| 7509 | + | 231.8license-exempt child care, licensed child care centers, and legal nonlicensed child care | |
| 7510 | + | 231.9authorized under chapter 119B, information obtained using non-fingerprint-based data | |
| 7511 | + | 231.10including information from the criminal and sex offender registries for any state in which | |
| 7512 | + | 231.11the background study subject resided for the past five years and information from the national | |
| 7513 | + | 231.12crime information database and the national sex offender registry; and | |
| 7514 | + | 231.13 (7) for a background study required for family child care, certified license-exempt child | |
| 7515 | + | 231.14care centers, licensed child care centers, and legal nonlicensed child care authorized under | |
| 7516 | + | 231.15chapter 119B, the background study shall also include, to the extent practicable, a name | |
| 7517 | + | 231.16and date-of-birth search of the National Sex Offender Public website. | |
| 7518 | + | 231.17 (b) Except as otherwise provided in this paragraph, notwithstanding expungement by a | |
| 7519 | + | 231.18court, the commissioner may consider information obtained under paragraph (a), clauses | |
| 7520 | + | 231.19(3) and (4), unless the commissioner received notice of the petition for expungement and | |
| 7521 | + | 231.20the court order for expungement is directed specifically to the commissioner. The | |
| 7522 | + | 231.21commissioner may not consider information obtained under paragraph (a), clauses (3) and | |
| 7523 | + | 231.22(4), or from any other source that identifies a violation of chapter 152 without determining | |
| 7524 | + | 231.23if the offense involved the possession of marijuana or tetrahydrocannabinol and, if so, | |
| 7525 | + | 231.24whether the person received a grant of expungement or order of expungement, or the person | |
| 7526 | + | 231.25was resentenced to a lesser offense. If the person received a grant of expungement or order | |
| 7527 | + | 231.26of expungement, the commissioner may not consider information related to that violation | |
| 7528 | + | 231.27but may consider any other relevant information arising out of the same incident. | |
| 7529 | + | 231.28 (c) The commissioner shall also review criminal case information received according | |
| 7530 | + | 231.29to section 245C.04, subdivision 4a, from the Minnesota court information system that relates | |
| 7531 | + | 231.30to individuals who have already been studied under this chapter and who remain affiliated | |
| 7532 | + | 231.31with the agency that initiated the background study. | |
| 7533 | + | 231.32 (d) When the commissioner has reasonable cause to believe that the identity of a | |
| 7534 | + | 231.33background study subject is uncertain, the commissioner may require the subject to provide | |
| 7535 | + | 231.34a set of classifiable fingerprints for purposes of completing a fingerprint-based record check | |
| 7536 | + | 231Article 6 Sec. 41. | |
| 7537 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 232.1with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph | |
| 7538 | + | 232.2shall not be saved by the commissioner after they have been used to verify the identity of | |
| 7539 | + | 232.3the background study subject against the particular criminal record in question. | |
| 7540 | + | 232.4 (e) The commissioner may inform the entity that initiated a background study under | |
| 7541 | + | 232.5NETStudy 2.0 of the status of processing of the subject's fingerprints. | |
| 7542 | + | 232.6Sec. 42. Minnesota Statutes 2022, section 256.01, subdivision 18c, is amended to read: | |
| 7543 | + | 232.7 Subd. 18c.Drug convictions.(a) The state court administrator shall provide a report | |
| 7544 | + | 232.8every six months by electronic means to the commissioner of human services, including | |
| 7545 | + | 232.9the name, address, date of birth, and, if available, driver's license or state identification card | |
| 7546 | + | 232.10number, date of the sentence, effective date of the sentence, and county in which the | |
| 7547 | + | 232.11conviction occurred, of each person convicted of a felony under chapter 152, except for | |
| 7548 | + | 232.12convictions under section 152.0263 or 152.0264, during the previous six months. | |
| 7549 | + | 232.13 (b) The commissioner shall determine whether the individuals who are the subject of | |
| 7550 | + | 232.14the data reported under paragraph (a) are receiving public assistance under chapter 256D | |
| 7551 | + | 232.15or 256J, and if the an individual is receiving assistance under chapter 256D or 256J, the | |
| 7552 | + | 232.16commissioner shall instruct the county to proceed under section 256D.024 or 256J.26, | |
| 7553 | + | 232.17whichever is applicable, for this individual. | |
| 7554 | + | 232.18 (c) The commissioner shall not retain any data received under paragraph (a) or (d) that | |
| 7555 | + | 232.19does not relate to an individual receiving publicly funded assistance under chapter 256D or | |
| 7556 | + | 232.20256J. | |
| 7557 | + | 232.21 (d) In addition to the routine data transfer under paragraph (a), the state court | |
| 7558 | + | 232.22administrator shall provide a onetime report of the data fields under paragraph (a) for | |
| 7559 | + | 232.23individuals with a felony drug conviction under chapter 152 dated from July 1, 1997, until | |
| 7560 | + | 232.24the date of the data transfer. The commissioner shall perform the tasks identified under | |
| 7561 | + | 232.25paragraph (b) related to this data and shall retain the data according to paragraph (c). | |
| 7562 | + | 232.26Sec. 43. Minnesota Statutes 2022, section 256B.0625, subdivision 13d, is amended to | |
| 7563 | + | 232.27read: | |
| 7564 | + | 232.28 Subd. 13d.Drug formulary.(a) The commissioner shall establish a drug formulary. Its | |
| 7565 | + | 232.29establishment and publication shall not be subject to the requirements of the Administrative | |
| 7566 | + | 232.30Procedure Act, but the Formulary Committee shall review and comment on the formulary | |
| 7567 | + | 232.31contents. | |
| 7568 | + | 232.32 (b) The formulary shall not include: | |
| 7569 | + | 232Article 6 Sec. 43. | |
| 7570 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 233.1 (1) drugs, active pharmaceutical ingredients, or products for which there is no federal | |
| 7571 | + | 233.2funding; | |
| 7572 | + | 233.3 (2) over-the-counter drugs, except as provided in subdivision 13; | |
| 7573 | + | 233.4 (3) drugs or active pharmaceutical ingredients when used for the treatment of impotence | |
| 7574 | + | 233.5or erectile dysfunction; | |
| 7575 | + | 233.6 (4) drugs or active pharmaceutical ingredients for which medical value has not been | |
| 7576 | + | 233.7established; | |
| 7577 | + | 233.8 (5) drugs from manufacturers who have not signed a rebate agreement with the | |
| 7578 | + | 233.9Department of Health and Human Services pursuant to section 1927 of title XIX of the | |
| 7579 | + | 233.10Social Security Act; and | |
| 7580 | + | 233.11 (6) medical cannabis flower as defined in section 152.22, subdivision 6 342.01, | |
| 7581 | + | 233.12subdivision 53, or medical cannabinoid products as defined in section 342.01, subdivision | |
| 7582 | + | 233.1351. | |
| 7583 | + | 233.14 (c) If a single-source drug used by at least two percent of the fee-for-service medical | |
| 7584 | + | 233.15assistance recipients is removed from the formulary due to the failure of the manufacturer | |
| 7585 | + | 233.16to sign a rebate agreement with the Department of Health and Human Services, the | |
| 7586 | + | 233.17commissioner shall notify prescribing practitioners within 30 days of receiving notification | |
| 7587 | + | 233.18from the Centers for Medicare and Medicaid Services (CMS) that a rebate agreement was | |
| 7588 | + | 233.19not signed. | |
| 7589 | + | 233.20Sec. 44. Minnesota Statutes 2022, section 256D.024, subdivision 1, is amended to read: | |
| 7590 | + | 233.21 Subdivision 1.Person convicted of drug offenses.(a) If an applicant or recipient has | |
| 7591 | + | 233.22been convicted of a drug offense after July 1, 1997, except for convictions related to cannabis, | |
| 7592 | + | 233.23marijuana, or tetrahydrocannabinols, the assistance unit is ineligible for benefits under this | |
| 7593 | + | 233.24chapter until five years after the applicant has completed terms of the court-ordered sentence, | |
| 7594 | + | 233.25unless the person is participating in a drug treatment program, has successfully completed | |
| 7595 | + | 233.26a drug treatment program, or has been assessed by the county and determined not to be in | |
| 7596 | + | 233.27need of a drug treatment program. Persons subject to the limitations of this subdivision who | |
| 7597 | + | 233.28become eligible for assistance under this chapter shall be subject to random drug testing as | |
| 7598 | + | 233.29a condition of continued eligibility and shall lose eligibility for benefits for five years | |
| 7599 | + | 233.30beginning the month following: | |
| 7600 | + | 233.31 (1) any positive test result for an illegal controlled substance under chapter 152; or | |
| 7601 | + | 233.32 (2) discharge of sentence after conviction for another drug felony. | |
| 7602 | + | 233Article 6 Sec. 44. | |
| 7603 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 234.1 (b) For the purposes of this subdivision, "drug offense" means a conviction that occurred | |
| 7604 | + | 234.2after July 1, 1997, of sections 152.021 to 152.025, 152.0261, 152.0262, or 152.096. Drug | |
| 7605 | + | 234.3offense also means a conviction in another jurisdiction of the possession, use, or distribution | |
| 7606 | + | 234.4of a controlled substance, or conspiracy to commit any of these offenses, if the offense | |
| 7607 | + | 234.5occurred after July 1, 1997, and the conviction is a felony offense in that jurisdiction, or in | |
| 7608 | + | 234.6the case of New Jersey, a high misdemeanor for a crime that would be a felony if committed | |
| 7609 | + | 234.7in Minnesota. | |
| 7610 | + | 234.8Sec. 45. Minnesota Statutes 2022, section 256D.024, subdivision 3, is amended to read: | |
| 7611 | + | 234.9 Subd. 3.Fleeing felons.An individual who is fleeing to avoid prosecution, or custody, | |
| 7612 | + | 234.10or confinement after conviction for a crime that is a felony under the laws of the jurisdiction | |
| 7613 | + | 234.11from which the individual flees, or in the case of New Jersey, is a high misdemeanor, would | |
| 7614 | + | 234.12be a felony if committed in Minnesota, is ineligible to receive benefits under this chapter. | |
| 7615 | + | 234.13Sec. 46. Minnesota Statutes 2022, section 256J.26, subdivision 1, is amended to read: | |
| 7616 | + | 234.14 Subdivision 1.Person convicted of drug offenses.(a) An individual who has been | |
| 7617 | + | 234.15convicted of a felony level drug offense committed during the previous ten years from the | |
| 7618 | + | 234.16date of application or recertification, except for convictions related to cannabis, marijuana, | |
| 7619 | + | 234.17or tetrahydrocannabinols, is subject to the following: | |
| 7620 | + | 234.18 (1) Benefits for the entire assistance unit must be paid in vendor form for shelter and | |
| 7621 | + | 234.19utilities during any time the applicant is part of the assistance unit. | |
| 7622 | + | 234.20 (2) The convicted applicant or participant shall be subject to random drug testing as a | |
| 7623 | + | 234.21condition of continued eligibility and following any positive test for an illegal controlled | |
| 7624 | + | 234.22substance under chapter 152 is subject to the following sanctions: | |
| 7625 | + | 234.23 (i) for failing a drug test the first time, the residual amount of the participant's grant after | |
| 7626 | + | 234.24making vendor payments for shelter and utility costs, if any, must be reduced by an amount | |
| 7627 | + | 234.25equal to 30 percent of the MFIP standard of need for an assistance unit of the same size. | |
| 7628 | + | 234.26When a sanction under this subdivision is in effect, the job counselor must attempt to meet | |
| 7629 | + | 234.27with the person face-to-face. During the face-to-face meeting, the job counselor must explain | |
| 7630 | + | 234.28the consequences of a subsequent drug test failure and inform the participant of the right to | |
| 7631 | + | 234.29appeal the sanction under section 256J.40. If a face-to-face meeting is not possible, the | |
| 7632 | + | 234.30county agency must send the participant a notice of adverse action as provided in section | |
| 7633 | + | 234.31256J.31, subdivisions 4 and 5, and must include the information required in the face-to-face | |
| 7634 | + | 234.32meeting; or | |
| 7635 | + | 234Article 6 Sec. 46. | |
| 7636 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 235.1 (ii) for failing a drug test two times, the participant is permanently disqualified from | |
| 7637 | + | 235.2receiving MFIP assistance, both the cash and food portions. The assistance unit's MFIP | |
| 7638 | + | 235.3grant must be reduced by the amount which would have otherwise been made available to | |
| 7639 | + | 235.4the disqualified participant. Disqualification under this item does not make a participant | |
| 7640 | + | 235.5ineligible for the Supplemental Nutrition Assistance Program (SNAP). Before a | |
| 7641 | + | 235.6disqualification under this provision is imposed, the job counselor must attempt to meet | |
| 7642 | + | 235.7with the participant face-to-face. During the face-to-face meeting, the job counselor must | |
| 7643 | + | 235.8identify other resources that may be available to the participant to meet the needs of the | |
| 7644 | + | 235.9family and inform the participant of the right to appeal the disqualification under section | |
| 7645 | + | 235.10256J.40. If a face-to-face meeting is not possible, the county agency must send the participant | |
| 7646 | + | 235.11a notice of adverse action as provided in section 256J.31, subdivisions 4 and 5, and must | |
| 7647 | + | 235.12include the information required in the face-to-face meeting. | |
| 7648 | + | 235.13 (3) A participant who fails a drug test the first time and is under a sanction due to other | |
| 7649 | + | 235.14MFIP program requirements is considered to have more than one occurrence of | |
| 7650 | + | 235.15noncompliance and is subject to the applicable level of sanction as specified under section | |
| 7651 | + | 235.16256J.46, subdivision 1, paragraph (d). | |
| 7652 | + | 235.17 (b) Applicants requesting only SNAP benefits or participants receiving only SNAP | |
| 7653 | + | 235.18benefits, who have been convicted of a drug offense that occurred after July 1, 1997, except | |
| 7654 | + | 235.19for convictions related to cannabis, marijuana, or tetrahydrocannabinols, may, if otherwise | |
| 7655 | + | 235.20eligible, receive SNAP benefits if the convicted applicant or participant is subject to random | |
| 7656 | + | 235.21drug testing as a condition of continued eligibility. Following a positive test for an illegal | |
| 7657 | + | 235.22controlled substance under chapter 152, the applicant is subject to the following sanctions: | |
| 7658 | + | 235.23 (1) for failing a drug test the first time, SNAP benefits shall be reduced by an amount | |
| 7659 | + | 235.24equal to 30 percent of the applicable SNAP benefit allotment. When a sanction under this | |
| 7660 | + | 235.25clause is in effect, a job counselor must attempt to meet with the person face-to-face. During | |
| 7661 | + | 235.26the face-to-face meeting, a job counselor must explain the consequences of a subsequent | |
| 7662 | + | 235.27drug test failure and inform the participant of the right to appeal the sanction under section | |
| 7663 | + | 235.28256J.40. If a face-to-face meeting is not possible, a county agency must send the participant | |
| 7664 | + | 235.29a notice of adverse action as provided in section 256J.31, subdivisions 4 and 5, and must | |
| 7665 | + | 235.30include the information required in the face-to-face meeting; and | |
| 7666 | + | 235.31 (2) for failing a drug test two times, the participant is permanently disqualified from | |
| 7667 | + | 235.32receiving SNAP benefits. Before a disqualification under this provision is imposed, a job | |
| 7668 | + | 235.33counselor must attempt to meet with the participant face-to-face. During the face-to-face | |
| 7669 | + | 235.34meeting, the job counselor must identify other resources that may be available to the | |
| 7670 | + | 235.35participant to meet the needs of the family and inform the participant of the right to appeal | |
| 7671 | + | 235Article 6 Sec. 46. | |
| 7672 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 236.1the disqualification under section 256J.40. If a face-to-face meeting is not possible, a county | |
| 7673 | + | 236.2agency must send the participant a notice of adverse action as provided in section 256J.31, | |
| 7674 | + | 236.3subdivisions 4 and 5, and must include the information required in the face-to-face meeting. | |
| 7675 | + | 236.4 (c) For the purposes of this subdivision, "drug offense" means an offense that occurred | |
| 7676 | + | 236.5during the previous ten years from the date of application or recertification of sections | |
| 7677 | + | 236.6152.021 to 152.025, 152.0261, 152.0262, 152.096, or 152.137. Drug offense also means a | |
| 7678 | + | 236.7conviction in another jurisdiction of the possession, use, or distribution of a controlled | |
| 7679 | + | 236.8substance, or conspiracy to commit any of these offenses, if the offense occurred during | |
| 7680 | + | 236.9the previous ten years from the date of application or recertification and the conviction is | |
| 7681 | + | 236.10a felony offense in that jurisdiction, or in the case of New Jersey, a high misdemeanor for | |
| 7682 | + | 236.11a crime that would be a felony if committed in Minnesota. | |
| 7683 | + | 236.12Sec. 47. Minnesota Statutes 2022, section 256J.26, subdivision 3, is amended to read: | |
| 7684 | + | 236.13 Subd. 3.Fleeing felons.An individual who is fleeing to avoid prosecution, or custody, | |
| 7685 | + | 236.14or confinement after conviction for a crime that is a felony under the laws of the jurisdiction | |
| 7686 | + | 236.15from which the individual flees, or in the case of New Jersey, is a high misdemeanor, would | |
| 7687 | + | 236.16be a felony if committed in Minnesota, is disqualified from receiving MFIP. | |
| 7688 | + | 236.17Sec. 48. [340A.4022] RETAIL LICENSE NOT PROHIBITED; LOWER-POTENCY | |
| 7689 | + | 236.18EDIBLE PRODUCTS. | |
| 7690 | + | 236.19 (a) Nothing in this chapter: | |
| 7691 | + | 236.20 (1) prohibits the issuance of a retail license or permit to a person also holding a | |
| 7692 | + | 236.21lower-potency hemp edible retailer license; | |
| 7693 | + | 236.22 (2) allows any agreement between a licensing authority and retail license or permit holder | |
| 7694 | + | 236.23that prohibits the license or permit holder from also holding a lower-potency edible product | |
| 7695 | + | 236.24retailer license; or | |
| 7696 | + | 236.25 (3) allows the revocation or suspension of a retail license or permit, or the imposition | |
| 7697 | + | 236.26of a penalty on a retail license or permit holder, due to the retail license or permit holder | |
| 7698 | + | 236.27also holding a lower-potency hemp edible retailer license. | |
| 7699 | + | 236.28 (b) For purposes of this section, "lower-potency hemp edible retailer license" means a | |
| 7700 | + | 236.29license issued by the Office of Cannabis Management under section 342.41. | |
| 7701 | + | 236Article 6 Sec. 48. | |
| 7702 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 237.1Sec. 49. Minnesota Statutes 2022, section 340A.412, subdivision 14, is amended to read: | |
| 7703 | + | 237.2 Subd. 14.Exclusive liquor stores.(a) Except as otherwise provided in this subdivision, | |
| 7704 | + | 237.3an exclusive liquor store may sell only the following items: | |
| 7705 | + | 237.4 (1) alcoholic beverages; | |
| 7706 | + | 237.5 (2) tobacco products; | |
| 7707 | + | 237.6 (3) ice; | |
| 7708 | + | 237.7 (4) beverages, either liquid or powder, specifically designated for mixing with intoxicating | |
| 7709 | + | 237.8liquor; | |
| 7710 | + | 237.9 (5) soft drinks; | |
| 7711 | + | 237.10 (6) liqueur-filled candies; | |
| 7712 | + | 237.11 (7) food products that contain more than one-half of one percent alcohol by volume; | |
| 7713 | + | 237.12 (8) cork extraction devices; | |
| 7714 | + | 237.13 (9) books and videos on the use of alcoholic beverages; | |
| 7715 | + | 237.14 (10) magazines and other publications published primarily for information and education | |
| 7716 | + | 237.15on alcoholic beverages; | |
| 7717 | + | 237.16 (11) multiple-use bags designed to carry purchased items; | |
| 7718 | + | 237.17 (12) devices designed to ensure safe storage and monitoring of alcohol in the home, to | |
| 7719 | + | 237.18prevent access by underage drinkers; | |
| 7720 | + | 237.19 (13) home brewing equipment; | |
| 7721 | + | 237.20 (14) clothing marked with the specific name, brand, or identifying logo of the exclusive | |
| 7722 | + | 237.21liquor store, and bearing no other name, brand, or identifying logo; | |
| 7723 | + | 237.22 (15) citrus fruit; and | |
| 7724 | + | 237.23 (16) glassware.; and | |
| 7725 | + | 237.24 (17) lower-potency hemp edibles as defined in section 342.01, subdivision 49. | |
| 7726 | + | 237.25 (b) An exclusive liquor store that has an on-sale, or combination on-sale and off-sale | |
| 7727 | + | 237.26license may sell food for on-premise consumption when authorized by the municipality | |
| 7728 | + | 237.27issuing the license. | |
| 7729 | + | 237.28 (c) An exclusive liquor store may offer live or recorded entertainment. | |
| 7730 | + | 237.29 EFFECTIVE DATE.This section is effective July 1, 2024. | |
| 7731 | + | 237Article 6 Sec. 49. | |
| 7732 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 238.1Sec. 50. Minnesota Statutes 2022, section 609.2111, is amended to read: | |
| 7733 | + | 238.2 609.2111 DEFINITIONS. | |
| 7734 | + | 238.3 (a) For purposes of sections 609.2111 to 609.2114, the terms defined in this subdivision | |
| 7735 | + | 238.4have the meanings given them. | |
| 7736 | + | 238.5 (b) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, and includes | |
| 7737 | + | 238.6attached trailers. | |
| 7738 | + | 238.7 (c) "Controlled substance" has the meaning given in section 152.01 169A.03, subdivision | |
| 7739 | + | 238.84 6. | |
| 7740 | + | 238.9 (d) "Intoxicating substance" has the meaning given in section 169A.03, subdivision 11a. | |
| 7741 | + | 238.10 (e) "Qualified prior driving offense" includes a prior conviction: | |
| 7742 | + | 238.11 (1) for a violation of section 169A.20 under the circumstances described in section | |
| 7743 | + | 238.12169A.24 or 169A.25; | |
| 7744 | + | 238.13 (2) under section 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); 609.2113, | |
| 7745 | + | 238.14subdivision 1, clauses (2) to (6); 2, clauses (2) to (6); or 3, clauses (2) to (6); or 609.2114, | |
| 7746 | + | 238.15subdivision 1, paragraph (a), clauses (2) to (6); or 2, clauses (2) to (6); | |
| 7747 | + | 238.16 (3) under Minnesota Statutes 2012, section 609.21, subdivision 1, clauses (2) to (6); or | |
| 7748 | + | 238.17 (4) under Minnesota Statutes 2006, section 609.21, subdivision 1, clauses (2) to (6); 2, | |
| 7749 | + | 238.18clauses (2) to (6); 2a, clauses (2) to (6); 2b, clauses (2) to (6); 3, clauses (2) to (6); or 4, | |
| 7750 | + | 238.19clauses (2) to (6). | |
| 7751 | + | 238.20 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 7752 | + | 238.21committed on or after that date. | |
| 7753 | + | 238.22Sec. 51. Minnesota Statutes 2022, section 609B.425, subdivision 2, is amended to read: | |
| 7754 | + | 238.23 Subd. 2.Benefit eligibility.(a) A person convicted of a drug offense after July 1, 1997, | |
| 7755 | + | 238.24except for convictions related to cannabis, marijuana, or tetrahydrocannabinols, is ineligible | |
| 7756 | + | 238.25for general assistance benefits and Supplemental Security Income under chapter 256D until: | |
| 7757 | + | 238.26 (1) five years after completing the terms of a court-ordered sentence; or | |
| 7758 | + | 238.27 (2) unless the person is participating in a drug treatment program, has successfully | |
| 7759 | + | 238.28completed a program, or has been determined not to be in need of a drug treatment program. | |
| 7760 | + | 238Article 6 Sec. 51. | |
| 7761 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 239.1 (b) A person who becomes eligible for assistance under chapter 256D is subject to | |
| 7762 | + | 239.2random drug testing and shall lose eligibility for benefits for five years beginning the month | |
| 7763 | + | 239.3following: | |
| 7764 | + | 239.4 (1) any positive test for an illegal controlled substance under chapter 152; or | |
| 7765 | + | 239.5 (2) discharge of sentence for conviction of another drug felony. | |
| 7766 | + | 239.6 (c) Parole violators and fleeing felons are ineligible for benefits and persons fraudulently | |
| 7767 | + | 239.7misrepresenting eligibility are also ineligible to receive benefits for ten years. | |
| 7768 | + | 239.8Sec. 52. Minnesota Statutes 2022, section 609B.435, subdivision 2, is amended to read: | |
| 7769 | + | 239.9 Subd. 2.Drug offenders; random testing; sanctions.A person who is an applicant for | |
| 7770 | + | 239.10benefits from the Minnesota family investment program or MFIP, the vehicle for temporary | |
| 7771 | + | 239.11assistance for needy families or TANF, and who has been convicted of a drug offense, | |
| 7772 | + | 239.12except for convictions related to cannabis, marijuana, or tetrahydrocannabinols, shall be | |
| 7773 | + | 239.13subject to certain conditions, including random drug testing, in order to receive MFIP | |
| 7774 | + | 239.14benefits. Following any positive test for a controlled substance under chapter 152, the | |
| 7775 | + | 239.15convicted applicant or participant is subject to the following sanctions: | |
| 7776 | + | 239.16 (1) a first time drug test failure results in a reduction of benefits in an amount equal to | |
| 7777 | + | 239.1730 percent of the MFIP standard of need; and | |
| 7778 | + | 239.18 (2) a second time drug test failure results in permanent disqualification from receiving | |
| 7779 | + | 239.19MFIP assistance. | |
| 7780 | + | 239.20A similar disqualification sequence occurs if the applicant is receiving Supplemental Nutrition | |
| 7781 | + | 239.21Assistance Program (SNAP) benefits. | |
| 7782 | + | 239.22Sec. 53. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 7783 | + | 239.23to read: | |
| 7784 | + | 239.24 Subd. 13.Adult-use cannabis flower."Adult-use cannabis flower" has the meaning | |
| 7785 | + | 239.25given in section 342.01, subdivision 4. | |
| 7786 | + | 239.26Sec. 54. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 7787 | + | 239.27to read: | |
| 7788 | + | 239.28 Subd. 14.Adult-use cannabis product."Adult-use cannabis product" has the meaning | |
| 7789 | + | 239.29given in section 342.01, subdivision 2. | |
| 7790 | + | 239Article 6 Sec. 54. | |
| 7791 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 240.1Sec. 55. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 7792 | + | 240.2to read: | |
| 7793 | + | 240.3 Subd. 15.Medical cannabis flower."Medical cannabis flower" has the meaning given | |
| 7794 | + | 240.4in section 342.01, subdivision 53. | |
| 7795 | + | 240.5Sec. 56. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 7796 | + | 240.6to read: | |
| 7797 | + | 240.7 Subd. 16.Medical cannabinoid product."Medical cannabinoid product" has the | |
| 7798 | + | 240.8meaning given in section 342.01, subdivision 51. | |
| 7799 | + | 240.9Sec. 57. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 7800 | + | 240.10to read: | |
| 7801 | + | 240.11 Subd. 17.Patient."Patient" has the meaning given in section 342.01, subdivision 58. | |
| 7802 | + | 240.12Sec. 58. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 7803 | + | 240.13to read: | |
| 7804 | + | 240.14 Subd. 18.Qualifying medical condition."Qualifying medical condition" has the meaning | |
| 7805 | + | 240.15given in section 342.01, subdivision 61. | |
| 7806 | + | 240.16Sec. 59. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision | |
| 7807 | + | 240.17to read: | |
| 7808 | + | 240.18 Subd. 19.Registry or registry program."Registry" or "registry program" has the | |
| 7809 | + | 240.19meaning given in section 342.01, subdivision 63. | |
| 7810 | + | 240.20Sec. 60. Minnesota Statutes 2022, section 624.713, subdivision 1, is amended to read: | |
| 7811 | + | 240.21 Subdivision 1.Ineligible persons.The following persons shall not be entitled to possess | |
| 7812 | + | 240.22ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause | |
| 7813 | + | 240.23(1), any other firearm: | |
| 7814 | + | 240.24 (1) a person under the age of 18 years except that a person under 18 may possess | |
| 7815 | + | 240.25ammunition designed for use in a firearm that the person may lawfully possess and may | |
| 7816 | + | 240.26carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual | |
| 7817 | + | 240.27presence or under the direct supervision of the person's parent or guardian, (ii) for the | |
| 7818 | + | 240.28purpose of military drill under the auspices of a legally recognized military organization | |
| 7819 | + | 240.29and under competent supervision, (iii) for the purpose of instruction, competition, or target | |
| 7820 | + | 240.30practice on a firing range approved by the chief of police or county sheriff in whose | |
| 7821 | + | 240Article 6 Sec. 60. | |
| 7822 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 241.1jurisdiction the range is located and under direct supervision; or (iv) if the person has | |
| 7823 | + | 241.2successfully completed a course designed to teach marksmanship and safety with a pistol | |
| 7824 | + | 241.3or semiautomatic military-style assault weapon and approved by the commissioner of natural | |
| 7825 | + | 241.4resources; | |
| 7826 | + | 241.5 (2) except as otherwise provided in clause (9), a person who has been convicted of, or | |
| 7827 | + | 241.6adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in | |
| 7828 | + | 241.7this state or elsewhere, a crime of violence. For purposes of this section, crime of violence | |
| 7829 | + | 241.8includes crimes in other states or jurisdictions which would have been crimes of violence | |
| 7830 | + | 241.9as herein defined if they had been committed in this state; | |
| 7831 | + | 241.10 (3) a person who is or has ever been committed in Minnesota or elsewhere by a judicial | |
| 7832 | + | 241.11determination that the person is mentally ill, developmentally disabled, or mentally ill and | |
| 7833 | + | 241.12dangerous to the public, as defined in section 253B.02, to a treatment facility, or who has | |
| 7834 | + | 241.13ever been found incompetent to stand trial or not guilty by reason of mental illness, unless | |
| 7835 | + | 241.14the person's ability to possess a firearm and ammunition has been restored under subdivision | |
| 7836 | + | 241.154; | |
| 7837 | + | 241.16 (4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or | |
| 7838 | + | 241.17gross misdemeanor violation of chapter 152, unless three years have elapsed since the date | |
| 7839 | + | 241.18of conviction and, during that time, the person has not been convicted of any other such | |
| 7840 | + | 241.19violation of chapter 152 or a similar law of another state; or a person who is or has ever | |
| 7841 | + | 241.20been committed by a judicial determination for treatment for the habitual use of a controlled | |
| 7842 | + | 241.21substance or marijuana, as defined in sections 152.01 and 152.02, unless the person's ability | |
| 7843 | + | 241.22to possess a firearm and ammunition has been restored under subdivision 4; | |
| 7844 | + | 241.23 (5) a person who has been committed to a treatment facility in Minnesota or elsewhere | |
| 7845 | + | 241.24by a judicial determination that the person is chemically dependent as defined in section | |
| 7846 | + | 241.25253B.02, unless the person has completed treatment or the person's ability to possess a | |
| 7847 | + | 241.26firearm and ammunition has been restored under subdivision 4. Property rights may not be | |
| 7848 | + | 241.27abated but access may be restricted by the courts; | |
| 7849 | + | 241.28 (6) a peace officer who is informally admitted to a treatment facility pursuant to section | |
| 7850 | + | 241.29253B.04 for chemical dependency, unless the officer possesses a certificate from the head | |
| 7851 | + | 241.30of the treatment facility discharging or provisionally discharging the officer from the | |
| 7852 | + | 241.31treatment facility. Property rights may not be abated but access may be restricted by the | |
| 7853 | + | 241.32courts; | |
| 7854 | + | 241.33 (7) a person, including a person under the jurisdiction of the juvenile court, who has | |
| 7855 | + | 241.34been charged with committing a crime of violence and has been placed in a pretrial diversion | |
| 7856 | + | 241Article 6 Sec. 60. | |
| 7857 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 242.1program by the court before disposition, until the person has completed the diversion program | |
| 7858 | + | 242.2and the charge of committing the crime of violence has been dismissed; | |
| 7859 | + | 242.3 (8) except as otherwise provided in clause (9), a person who has been convicted in | |
| 7860 | + | 242.4another state of committing an offense similar to the offense described in section 609.224, | |
| 7861 | + | 242.5subdivision 3, against a family or household member or section 609.2242, subdivision 3, | |
| 7862 | + | 242.6unless three years have elapsed since the date of conviction and, during that time, the person | |
| 7863 | + | 242.7has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242, | |
| 7864 | + | 242.8subdivision 3, or a similar law of another state; | |
| 7865 | + | 242.9 (9) a person who has been convicted in this state or elsewhere of assaulting a family or | |
| 7866 | + | 242.10household member and who was found by the court to have used a firearm in any way | |
| 7867 | + | 242.11during commission of the assault is prohibited from possessing any type of firearm or | |
| 7868 | + | 242.12ammunition for the period determined by the sentencing court; | |
| 7869 | + | 242.13 (10) a person who: | |
| 7870 | + | 242.14 (i) has been convicted in any court of a crime punishable by imprisonment for a term | |
| 7871 | + | 242.15exceeding one year; | |
| 7872 | + | 242.16 (ii) is a fugitive from justice as a result of having fled from any state to avoid prosecution | |
| 7873 | + | 242.17for a crime or to avoid giving testimony in any criminal proceeding; | |
| 7874 | + | 242.18 (iii) is an unlawful user of any controlled substance as defined in chapter 152. The use | |
| 7875 | + | 242.19of medical cannabis flower or medical cannabinoid products by a patient enrolled in the | |
| 7876 | + | 242.20registry program or the use of adult-use cannabis flower or adult-use cannabis products by | |
| 7877 | + | 242.21a person 21 years of age or older does not constitute the unlawful use of a controlled | |
| 7878 | + | 242.22substance under this item; | |
| 7879 | + | 242.23 (iv) has been judicially committed to a treatment facility in Minnesota or elsewhere as | |
| 7880 | + | 242.24a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the | |
| 7881 | + | 242.25public, as defined in section 253B.02; | |
| 7882 | + | 242.26 (v) is an alien who is illegally or unlawfully in the United States; | |
| 7883 | + | 242.27 (vi) has been discharged from the armed forces of the United States under dishonorable | |
| 7884 | + | 242.28conditions; | |
| 7885 | + | 242.29 (vii) has renounced the person's citizenship having been a citizen of the United States; | |
| 7886 | + | 242.30or | |
| 7887 | + | 242.31 (viii) is disqualified from possessing a firearm under United States Code, title 18, section | |
| 7888 | + | 242.32922(g)(8) or (9), as amended through March 1, 2014; | |
| 7889 | + | 242Article 6 Sec. 60. | |
| 7890 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 243.1 (11) a person who has been convicted of the following offenses at the gross misdemeanor | |
| 7891 | + | 243.2level, unless three years have elapsed since the date of conviction and, during that time, the | |
| 7892 | + | 243.3person has not been convicted of any other violation of these sections: section 609.229 | |
| 7893 | + | 243.4(crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated | |
| 7894 | + | 243.5by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child); | |
| 7895 | + | 243.6609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71 | |
| 7896 | + | 243.7(riot); or 609.749 (harassment or stalking). For purposes of this paragraph, the specified | |
| 7897 | + | 243.8gross misdemeanor convictions include crimes committed in other states or jurisdictions | |
| 7898 | + | 243.9which would have been gross misdemeanors if conviction occurred in this state; | |
| 7899 | + | 243.10 (12) a person who has been convicted of a violation of section 609.224 if the court | |
| 7900 | + | 243.11determined that the assault was against a family or household member in accordance with | |
| 7901 | + | 243.12section 609.2242, subdivision 3 (domestic assault), unless three years have elapsed since | |
| 7902 | + | 243.13the date of conviction and, during that time, the person has not been convicted of another | |
| 7903 | + | 243.14violation of section 609.224 or a violation of a section listed in clause (11); or | |
| 7904 | + | 243.15 (13) a person who is subject to an order for protection as described in section 260C.201, | |
| 7905 | + | 243.16subdivision 3, paragraph (d), or 518B.01, subdivision 6, paragraph (g). | |
| 7906 | + | 243.17 A person who issues a certificate pursuant to this section in good faith is not liable for | |
| 7907 | + | 243.18damages resulting or arising from the actions or misconduct with a firearm or ammunition | |
| 7908 | + | 243.19committed by the individual who is the subject of the certificate. | |
| 7909 | + | 243.20 The prohibition in this subdivision relating to the possession of firearms other than | |
| 7910 | + | 243.21pistols and semiautomatic military-style assault weapons does not apply retroactively to | |
| 7911 | + | 243.22persons who are prohibited from possessing a pistol or semiautomatic military-style assault | |
| 7912 | + | 243.23weapon under this subdivision before August 1, 1994. | |
| 7913 | + | 243.24 The lifetime prohibition on possessing, receiving, shipping, or transporting firearms and | |
| 7914 | + | 243.25ammunition for persons convicted or adjudicated delinquent of a crime of violence in clause | |
| 7915 | + | 243.26(2), applies only to offenders who are discharged from sentence or court supervision for a | |
| 7916 | + | 243.27crime of violence on or after August 1, 1993. | |
| 7917 | + | 243.28 Participation as a patient in the registry program or use of adult-use cannabis flower or | |
| 7918 | + | 243.29adult-use cannabinoid products by a person 21 years of age or older does not disqualify the | |
| 7919 | + | 243.30person from possessing firearms and ammunition under this section. | |
| 7920 | + | 243.31 For purposes of this section, "judicial determination" means a court proceeding pursuant | |
| 7921 | + | 243.32to sections 253B.07 to 253B.09 or a comparable law from another state. | |
| 7922 | + | 243Article 6 Sec. 60. | |
| 7923 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 244.1Sec. 61. Minnesota Statutes 2022, section 624.714, subdivision 6, is amended to read: | |
| 7924 | + | 244.2 Subd. 6.Granting and denial of permits.(a) The sheriff must, within 30 days after the | |
| 7925 | + | 244.3date of receipt of the application packet described in subdivision 3: | |
| 7926 | + | 244.4 (1) issue the permit to carry; | |
| 7927 | + | 244.5 (2) deny the application for a permit to carry solely on the grounds that the applicant | |
| 7928 | + | 244.6failed to qualify under the criteria described in subdivision 2, paragraph (b); or | |
| 7929 | + | 244.7 (3) deny the application on the grounds that there exists a substantial likelihood that the | |
| 7930 | + | 244.8applicant is a danger to self or the public if authorized to carry a pistol under a permit. | |
| 7931 | + | 244.9 (b) Failure of the sheriff to notify the applicant of the denial of the application within | |
| 7932 | + | 244.1030 days after the date of receipt of the application packet constitutes issuance of the permit | |
| 7933 | + | 244.11to carry and the sheriff must promptly fulfill the requirements under paragraph (c). To deny | |
| 7934 | + | 244.12the application, the sheriff must provide the applicant with written notification and the | |
| 7935 | + | 244.13specific factual basis justifying the denial under paragraph (a), clause (2) or (3), including | |
| 7936 | + | 244.14the source of the factual basis. The sheriff must inform the applicant of the applicant's right | |
| 7937 | + | 244.15to submit, within 20 business days, any additional documentation relating to the propriety | |
| 7938 | + | 244.16of the denial. Upon receiving any additional documentation, the sheriff must reconsider the | |
| 7939 | + | 244.17denial and inform the applicant within 15 business days of the result of the reconsideration. | |
| 7940 | + | 244.18Any denial after reconsideration must be in the same form and substance as the original | |
| 7941 | + | 244.19denial and must specifically address any continued deficiencies in light of the additional | |
| 7942 | + | 244.20documentation submitted by the applicant. The applicant must be informed of the right to | |
| 7943 | + | 244.21seek de novo review of the denial as provided in subdivision 12. | |
| 7944 | + | 244.22 (c) Upon issuing a permit to carry, the sheriff must provide a laminated permit card to | |
| 7945 | + | 244.23the applicant by first class mail unless personal delivery has been made. Within five business | |
| 7946 | + | 244.24days, the sheriff must submit the information specified in subdivision 7, paragraph (a), to | |
| 7947 | + | 244.25the commissioner for inclusion solely in the database required under subdivision 15, | |
| 7948 | + | 244.26paragraph (a). The sheriff must transmit the information in a manner and format prescribed | |
| 7949 | + | 244.27by the commissioner. | |
| 7950 | + | 244.28 (d) Within five business days of learning that a permit to carry has been suspended or | |
| 7951 | + | 244.29revoked, the sheriff must submit information to the commissioner regarding the suspension | |
| 7952 | + | 244.30or revocation for inclusion solely in the databases required or permitted under subdivision | |
| 7953 | + | 244.3115. | |
| 7954 | + | 244Article 6 Sec. 61. | |
| 7955 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 245.1 (e) Notwithstanding paragraphs (a) and (b), the sheriff may suspend the application | |
| 7956 | + | 245.2process if a charge is pending against the applicant that, if resulting in conviction, will | |
| 7957 | + | 245.3prohibit the applicant from possessing a firearm. | |
| 7958 | + | 245.4 (f) A sheriff shall not deny an application for a permit to carry solely because the applicant | |
| 7959 | + | 245.5is a patient enrolled in the registry program and uses medical cannabis flower or medical | |
| 7960 | + | 245.6cannabinoid products for a qualifying medical condition or because the person is 21 years | |
| 7961 | + | 245.7of age or older and uses adult-use cannabis flower or adult-use cannabis products. | |
| 7962 | + | 245.8Sec. 62. Minnesota Statutes 2022, section 624.7142, subdivision 1, is amended to read: | |
| 7963 | + | 245.9 Subdivision 1.Acts prohibited.A person may not carry a pistol on or about the person's | |
| 7964 | + | 245.10clothes or person in a public place: | |
| 7965 | + | 245.11 (1) when the person is under the influence of a controlled substance, as defined in section | |
| 7966 | + | 245.12152.01 169A.03, subdivision 4 6; | |
| 7967 | + | 245.13 (2) when the person is under the influence of a combination of any two or more of the | |
| 7968 | + | 245.14elements named in clauses (1) and (4); | |
| 7969 | + | 245.15 (3) when the person is under the influence of an intoxicating substance as defined in | |
| 7970 | + | 245.16section 169A.03, subdivision 11a, and the person knows or has reason to know that the | |
| 7971 | + | 245.17substance has the capacity to cause impairment; | |
| 7972 | + | 245.18 (4) when the person is under the influence of alcohol; | |
| 7973 | + | 245.19 (5) when the person's alcohol concentration is 0.10 or more; or | |
| 7974 | + | 245.20 (6) when the person's alcohol concentration is less than 0.10, but more than 0.04.; or | |
| 7975 | + | 245.21 (7) when the person is enrolled as a patient in the registry program, uses medical cannabis | |
| 7976 | + | 245.22flower or medical cannabinoid products, and knows or has reason to know that the medical | |
| 7977 | + | 245.23cannabis flower or medical cannabinoid products used by the person has the capacity to | |
| 7978 | + | 245.24cause impairment. | |
| 7979 | + | 245.25Sec. 63. Minnesota Statutes 2022, section 624.7143, is amended by adding a subdivision | |
| 7980 | + | 245.26to read: | |
| 7981 | + | 245.27 Subd. 6.Definition.As used in this section, "controlled substance" has the meaning | |
| 7982 | + | 245.28given in section 169A.03, subdivision 6. | |
| 7983 | + | 245.29 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes | |
| 7984 | + | 245.30committed on or after that date. | |
| 7985 | + | 245Article 6 Sec. 63. | |
| 7986 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 246.1Sec. 64. Minnesota Statutes 2022, section 624.7151, is amended to read: | |
| 7987 | + | 246.2 624.7151 STANDARDIZED FORMS. | |
| 7988 | + | 246.3 By December 1, 1992, the commissioner shall adopt statewide standards governing the | |
| 7989 | + | 246.4form and contents, as required by sections 624.7131 to 624.714, of every application for a | |
| 7990 | + | 246.5pistol transferee permit, pistol transferee permit, report of transfer of a pistol, application | |
| 7991 | + | 246.6for a permit to carry a pistol, and permit to carry a pistol that is granted or renewed on or | |
| 7992 | + | 246.7after January 1, 1993. | |
| 7993 | + | 246.8 Every application for a pistol transferee permit, pistol transferee permit, report of transfer | |
| 7994 | + | 246.9of a pistol, application for a permit to carry a pistol, and permit to carry a pistol that is | |
| 7995 | + | 246.10received, granted, or renewed by a police chief or county sheriff on or after January 1, 1993, | |
| 7996 | + | 246.11must meet the statewide standards adopted by the commissioner. Notwithstanding the | |
| 7997 | + | 246.12previous sentence, neither failure of the Department of Public Safety to adopt standards nor | |
| 7998 | + | 246.13failure of the police chief or county sheriff to meet them shall delay the timely processing | |
| 7999 | + | 246.14of applications nor invalidate permits issued on other forms meeting the requirements of | |
| 8000 | + | 246.15sections 624.7131 to 624.714. | |
| 8001 | + | 246.16 Any form used for the purpose of approving or disapproving a person from purchasing, | |
| 8002 | + | 246.17owning, possessing, or carrying a firearm that inquires about the applicant's use of controlled | |
| 8003 | + | 246.18substances shall specifically authorize a patient in the registry program to refrain from | |
| 8004 | + | 246.19reporting the use of medical cannabis flower and medical cannabinoid products and shall | |
| 8005 | + | 246.20specifically authorize a person 21 years of age or older from refraining from reporting the | |
| 8006 | + | 246.21use of adult-use cannabis flower or adult-use cannabis products. | |
| 8007 | + | 246.22Sec. 65. [624.7152] LAWFUL CANNABIS USERS. | |
| 8008 | + | 246.23 (a) A person may not be denied the right to purchase, own, possess, or carry a firearm | |
| 8009 | + | 246.24solely on the basis that the person is a patient in the registry program. | |
| 8010 | + | 246.25 (b) A person may not be denied the right to purchase, own, possess, or carry a firearm | |
| 8011 | + | 246.26solely on the basis that the person is 21 years of age or older and uses adult-use cannabis | |
| 8012 | + | 246.27flower or adult-use cannabis products. | |
| 8013 | + | 246.28 (c) A state or local agency may not access a database containing the identities of patients | |
| 8014 | + | 246.29in the registry program to obtain information for the purpose of approving or disapproving | |
| 8015 | + | 246.30a person from purchasing, owning, possessing, or carrying a firearm. | |
| 8016 | + | 246.31 (d) A state or local agency may not use information gathered from a database containing | |
| 8017 | + | 246.32the identities of patients in the registry program to obtain information for the purpose of | |
| 8018 | + | 246Article 6 Sec. 65. | |
| 8019 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 247.1approving or disapproving a person from purchasing, owning, possessing, or carrying a | |
| 8020 | + | 247.2firearm. | |
| 8021 | + | 247.3 (e) A state or local agency may not inquire about a person's status as a patient in the | |
| 8022 | + | 247.4registry program for the purpose of approving or disapproving the person from purchasing, | |
| 8023 | + | 247.5owning, possessing, or carrying a firearm. | |
| 8024 | + | 247.6 (f) A state or local agency may not inquire about the use of adult-use cannabis flower | |
| 8025 | + | 247.7or adult-use cannabis products by a person 21 years of age or older for the purpose of | |
| 8026 | + | 247.8approving or disapproving the person from purchasing, owning, possessing, or carrying a | |
| 8027 | + | 247.9firearm. | |
| 8028 | + | 247.10Sec. 66. REPEALER. | |
| 8029 | + | 247.11 (a) Minnesota Rules, parts 4770.0100; 4770.0200; 4770.0300; 4770.0400; 4770.0500; | |
| 8030 | + | 247.124770.0600; 4770.0800; 4770.0900; 4770.1000; 4770.1100; 4770.1200; 4770.1300; | |
| 8031 | + | 247.134770.1400; 4770.1460; 4770.1500; 4770.1600; 4770.1700; 4770.1800; 4770.1900; | |
| 8032 | + | 247.144770.2000; 4770.2100; 4770.2200; 4770.2300; 4770.2400; 4770.2700; 4770.2800; | |
| 8033 | + | 247.154770.4000; 4770.4002; 4770.4003; 4770.4004; 4770.4005; 4770.4007; 4770.4008; | |
| 8034 | + | 247.164770.4009; 4770.4010; 4770.4012; 4770.4013; 4770.4014; 4770.4015; 4770.4016; | |
| 8035 | + | 247.174770.4017; 4770.4018; and 4770.4030, are repealed. | |
| 8036 | + | 247.18 (b) Minnesota Statutes 2022, sections 152.22, subdivisions 1, 2, 3, 4, 5, 5a, 5b, 6, 7, 8, | |
| 8037 | + | 247.199, 10, 11, 12, 13, and 14; 152.23; 152.24; 152.25, subdivisions 1, 1a, 1b, 1c, 2, 3, and 4; | |
| 8038 | + | 247.20152.26; 152.261; 152.27, subdivisions 1, 2, 3, 4, 5, 6, and 7; 152.28, subdivisions 1, 2, and | |
| 8039 | + | 247.213; 152.29, subdivisions 1, 2, 3, 3a, and 4; 152.30; 152.31; 152.32, subdivisions 1, 2, and 3; | |
| 8040 | + | 247.22152.33, subdivisions 1, 1a, 2, 3, 4, 5, and 6; 152.34; 152.35; 152.36, subdivisions 1, 1a, 2, | |
| 8041 | + | 247.233, 4, and 5; and 152.37, are repealed. | |
| 8042 | + | 247.24 (c) Minnesota Statutes 2022, section 152.027, subdivisions 3 and 4, are repealed. | |
| 8043 | + | 247.25 (d) Minnesota Statutes 2022, section 152.21, is repealed. | |
| 8044 | + | 247.26 EFFECTIVE DATE.Paragraphs (a) and (b) are effective January 1, 2024. Paragraph | |
| 8045 | + | 247.27(c) is effective August 1, 2023. Paragraph (d) is effective July 1, 2023. | |
| 8046 | + | 247Article 6 Sec. 66. | |
| 8047 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 248.1 ARTICLE 7 | |
| 8048 | + | 248.2 TEMPORARY REGULATION OF CERTAIN PRODUCTS | |
| 8049 | + | 248.3Section 1. Minnesota Statutes 2022, section 34A.01, subdivision 4, is amended to read: | |
| 8050 | + | 248.4 Subd. 4.Food."Food" means every ingredient used for, entering into the consumption | |
| 8051 | + | 248.5of, or used or intended for use in the preparation of food, drink, confectionery, or condiment | |
| 8052 | + | 248.6for humans or other animals, whether simple, mixed, or compound; and articles used as | |
| 8053 | + | 248.7components of these ingredients, except that edible cannabinoid products, as defined in | |
| 8054 | + | 248.8section 151.72, subdivision 1, paragraph (c) (f), are not food. | |
| 8055 | + | 248.9 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 8056 | + | 248.10Sec. 2. Minnesota Statutes 2022, section 144.99, subdivision 1, is amended to read: | |
| 8057 | + | 248.11 Subdivision 1.Remedies available.The provisions of chapters 103I and 157 and sections | |
| 8058 | + | 248.12115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), (14), | |
| 8059 | + | 248.13and (15); 144.1201 to 144.1204; 144.121; 144.1215; 144.1222; 144.35; 144.381 to 144.385; | |
| 8060 | + | 248.14144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9512; 144.97 to 144.98; | |
| 8061 | + | 248.15144.992; 151.72; 152.22 to 152.37; 326.70 to 326.785; 327.10 to 327.131; and 327.14 to | |
| 8062 | + | 248.16327.28 and all rules, orders, stipulation agreements, settlements, compliance agreements, | |
| 8063 | + | 248.17licenses, registrations, certificates, and permits adopted or issued by the department or under | |
| 8064 | + | 248.18any other law now in force or later enacted for the preservation of public health may, in | |
| 8065 | + | 248.19addition to provisions in other statutes, be enforced under this section. | |
| 8066 | + | 248.20 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 8067 | + | 248.21Sec. 3. Minnesota Statutes 2022, section 151.72, is amended to read: | |
| 8068 | + | 248.22 151.72 SALE OF CERTAIN CANNABINOID PRODUCTS. | |
| 8069 | + | 248.23 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have | |
| 8070 | + | 248.24the meanings given. | |
| 8071 | + | 248.25 (a) "Synthetically derived cannabinoid" means a cannabinoid extracted from a hemp | |
| 8072 | + | 248.26plant or hemp plant parts whose chemical makeup is changed after extraction to create a | |
| 8073 | + | 248.27different cannabinoid or other chemical compound by applying a catalyst other than heat | |
| 8074 | + | 248.28or light. Synthetically derived cannabinoid includes but is not limited to any | |
| 8075 | + | 248.29tetrahydrocannabinol created from cannabidiol. | |
| 8076 | + | 248.30 (b) "Batch" means a specific quantity of a specific product containing cannabinoids | |
| 8077 | + | 248.31derived from hemp, including an edible cannabinoid product, that is manufactured at the | |
| 8054 | 8078 | 248Article 7 Sec. 3. | |
| 8055 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 249.1 (2) to affect the structure or any function of the bodies of humans or other animals. | |
| 8056 | - | 249.2 (c) No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise | |
| 8057 | - | 249.3derived from hemp may be sold to any individual who is under the age of 21. | |
| 8058 | - | 249.4 (d) Products that meet the requirements of this section are not controlled substances | |
| 8059 | - | 249.5under section 152.02. | |
| 8060 | - | 249.6 Subd. 4.Testing requirements.(a) A manufacturer of a product regulated under this | |
| 8061 | - | 249.7section must submit representative samples of each batch of the product to an independent, | |
| 8062 | - | 249.8accredited laboratory in order to certify that the product complies with the standards adopted | |
| 8063 | - | 249.9by the board on or before July 1, 2023, or the standards adopted by the commissioner. | |
| 8064 | - | 249.10Testing must be consistent with generally accepted industry standards for herbal and botanical | |
| 8065 | - | 249.11substances, and, at a minimum, the testing must confirm that the product: | |
| 8066 | - | 249.12 (1) contains the amount or percentage of cannabinoids that is stated on the label of the | |
| 8067 | - | 249.13product; | |
| 8068 | - | 249.14 (2) does not contain more than trace amounts of any mold, residual solvents or other | |
| 8069 | - | 249.15catalysts, pesticides, fertilizers, or heavy metals; and | |
| 8070 | - | 249.16 (3) does not contain more than 0.3 percent of any tetrahydrocannabinol. | |
| 8071 | - | 249.17 (b) A manufacturer of a product regulated under this section must disclose all known | |
| 8072 | - | 249.18information regarding pesticides, fertilizers, solvents, or other foreign materials applied to | |
| 8073 | - | 249.19industrial hemp or added to industrial hemp during any production or processing stages of | |
| 8074 | - | 249.20any batch from which a representative sample has been sent for testing, including any | |
| 8075 | - | 249.21catalysts used to create synthetically derived cannabinoids. Disclosure must be made to the | |
| 8076 | - | 249.22laboratory performing testing or sampling and, upon request, to the commissioner. Disclosure | |
| 8077 | - | 249.23must include all information known to the licensee regardless of whether the application or | |
| 8078 | - | 249.24addition was made intentionally or accidentally, or by the manufacturer or any other person. | |
| 8079 | - | 249.25 (b) (c) Upon the request of the board commissioner, the manufacturer of the product | |
| 8080 | - | 249.26must provide the board commissioner with the results of the testing required in this section. | |
| 8081 | - | 249.27 (d) The commissioner may determine that any testing laboratory that does not operate | |
| 8082 | - | 249.28formal management systems under the International Organization for Standardization is not | |
| 8083 | - | 249.29an accredited laboratory and require that a representative sample of a batch of the product | |
| 8084 | - | 249.30be retested by a testing laboratory that meets this requirement. | |
| 8085 | - | 249.31 (c) (e) Testing of the hemp from which the nonintoxicating cannabinoid was derived, | |
| 8086 | - | 249.32or possession of a certificate of analysis for such hemp, does not meet the testing requirements | |
| 8087 | - | 249.33of this section. | |
| 8079 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 249.1same time and using the same methods, equipment, and ingredients that is uniform and | |
| 8080 | + | 249.2intended to meet specifications for identity, strength, purity, and composition, and that is | |
| 8081 | + | 249.3manufactured, packaged, and labeled according to a single batch production record executed | |
| 8082 | + | 249.4and documented during the same cycle of manufacture and produced by a continuous | |
| 8083 | + | 249.5process. | |
| 8084 | + | 249.6 (b) (c) "Certified hemp" means hemp plants that have been tested and found to meet the | |
| 8085 | + | 249.7requirements of chapter 18K and the rules adopted thereunder. | |
| 8086 | + | 249.8 (d) "Commissioner" means the commissioner of health. | |
| 8087 | + | 249.9 (e) "Distributor" means a person who sells, arranges a sale, or delivers a product | |
| 8088 | + | 249.10containing cannabinoids derived from hemp, including an edible cannabinoid product, that | |
| 8089 | + | 249.11the person did not manufacture to a retail establishment for sale to consumers. Distributor | |
| 8090 | + | 249.12does not include a common carrier used only to complete delivery to a retailer. | |
| 8091 | + | 249.13 (c) (f) "Edible cannabinoid product" means any product that is intended to be eaten or | |
| 8092 | + | 249.14consumed as a beverage by humans, contains a cannabinoid in combination with food | |
| 8093 | + | 249.15ingredients, and is not a drug. | |
| 8094 | + | 249.16 (d) (g) "Hemp" has the meaning given to "industrial hemp" in section 18K.02, subdivision | |
| 8095 | + | 249.173. | |
| 8096 | + | 249.18 (e) (h) "Label" has the meaning given in section 151.01, subdivision 18. | |
| 8097 | + | 249.19 (f) (i) "Labeling" means all labels and other written, printed, or graphic matter that are: | |
| 8098 | + | 249.20 (1) affixed to the immediate container in which a product regulated under this section | |
| 8099 | + | 249.21is sold; | |
| 8100 | + | 249.22 (2) provided, in any manner, with the immediate container, including but not limited to | |
| 8101 | + | 249.23outer containers, wrappers, package inserts, brochures, or pamphlets; or | |
| 8102 | + | 249.24 (3) provided on that portion of a manufacturer's website that is linked by a scannable | |
| 8103 | + | 249.25barcode or matrix barcode. | |
| 8104 | + | 249.26 (g) (j) "Matrix barcode" means a code that stores data in a two-dimensional array of | |
| 8105 | + | 249.27geometrically shaped dark and light cells capable of being read by the camera on a | |
| 8106 | + | 249.28smartphone or other mobile device. | |
| 8107 | + | 249.29 (h) (k) "Nonintoxicating cannabinoid" means substances extracted from certified hemp | |
| 8108 | + | 249.30plants that do not produce intoxicating effects when consumed by any route of administration. | |
| 8109 | + | 249.31 (l) "Artificial cannabinoid" means a substance with a similar chemical structure and | |
| 8110 | + | 249.32pharmacological activity to a cannabinoid, but which is not extracted or derived from hemp | |
| 8088 | 8111 | 249Article 7 Sec. 3. | |
| 8089 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 250.1 Subd. 5.Labeling requirements.(a) A product regulated under this section must bear | |
| 8090 | - | 250.2a label that contains, at a minimum: | |
| 8091 | - | 250.3 (1) the name, location, contact phone number, and website of the manufacturer of the | |
| 8092 | - | 250.4product; | |
| 8093 | - | 250.5 (2) the name and address of the independent, accredited laboratory used by the | |
| 8094 | - | 250.6manufacturer to test the product; and | |
| 8095 | - | 250.7 (3) the batch number; and | |
| 8096 | - | 250.8 (3) (4) an accurate statement of the amount or percentage of cannabinoids found in each | |
| 8097 | - | 250.9unit of the product meant to be consumed. | |
| 8098 | - | 250.10 (b) The information in paragraph (a) may be provided on an outer package if the | |
| 8099 | - | 250.11immediate container that holds the product is too small to contain all of the information. | |
| 8100 | - | 250.12 (c) The information required in paragraph (a) may be provided through the use of a | |
| 8101 | - | 250.13scannable barcode or matrix barcode that links to a page on the manufacturer's website if | |
| 8102 | - | 250.14that page contains all of the information required by this subdivision. | |
| 8103 | - | 250.15 (d) The label must also include a statement stating that the product does not claim to | |
| 8104 | - | 250.16diagnose, treat, cure, or prevent any disease and has not been evaluated or approved by the | |
| 8105 | - | 250.17United States Food and Drug Administration (FDA) unless the product has been so approved. | |
| 8106 | - | 250.18 (e) The information required by this subdivision must be prominently and conspicuously | |
| 8107 | - | 250.19placed on the label or displayed on the website in terms that can be easily read and understood | |
| 8108 | - | 250.20by the consumer. | |
| 8109 | - | 250.21 (f) The labeling must not contain any claim that the product may be used or is effective | |
| 8110 | - | 250.22for the prevention, treatment, or cure of a disease or that it may be used to alter the structure | |
| 8111 | - | 250.23or function of human or animal bodies, unless the claim has been approved by the FDA. | |
| 8112 | - | 250.24 Subd. 5a.Additional requirements for edible cannabinoid products.(a) In addition | |
| 8113 | - | 250.25to the testing and labeling requirements under subdivisions 4 and 5, an edible cannabinoid | |
| 8114 | - | 250.26must meet the requirements of this subdivision. | |
| 8115 | - | 250.27 (b) An edible cannabinoid product must not: | |
| 8116 | - | 250.28 (1) bear the likeness or contain cartoon-like characteristics of a real or fictional person, | |
| 8117 | - | 250.29animal, or fruit that appeals to children; | |
| 8118 | - | 250.30 (2) be modeled after a brand of products primarily consumed by or marketed to children; | |
| 8112 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 250.1plants, or hemp plant parts and is instead created or produced by chemical or biochemical | |
| 8113 | + | 250.2synthesis. | |
| 8114 | + | 250.3 Subd. 2.Scope.(a) This section applies to the sale of any product that contains | |
| 8115 | + | 250.4cannabinoids extracted from hemp and that is an edible cannabinoid product or is intended | |
| 8116 | + | 250.5for human or animal consumption by any route of administration. | |
| 8117 | + | 250.6 (b) This section does not apply to any product dispensed by a registered medical cannabis | |
| 8118 | + | 250.7manufacturer pursuant to sections 152.22 to 152.37. | |
| 8119 | + | 250.8 (c) The board commissioner must have no authority over food products, as defined in | |
| 8120 | + | 250.9section 34A.01, subdivision 4, that do not contain cannabinoids extracted or derived from | |
| 8121 | + | 250.10hemp. | |
| 8122 | + | 250.11 Subd. 3.Sale of cannabinoids derived from hemp.(a) Notwithstanding any other | |
| 8123 | + | 250.12section of this chapter, a product containing nonintoxicating cannabinoids, including an | |
| 8124 | + | 250.13edible cannabinoid product, may be sold for human or animal consumption only if all of | |
| 8125 | + | 250.14the requirements of this section are met, provided that a product sold for human or animal | |
| 8126 | + | 250.15consumption does not contain more than 0.3 percent of any tetrahydrocannabinol and an | |
| 8127 | + | 250.16edible cannabinoid product does not contain an amount of any tetrahydrocannabinol that | |
| 8128 | + | 250.17exceeds the limits established in subdivision 5a, paragraph (f). | |
| 8129 | + | 250.18 (b) No other substance extracted or otherwise derived from hemp may be sold for human | |
| 8130 | + | 250.19consumption if the substance is intended: | |
| 8131 | + | 250.20 (1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention | |
| 8132 | + | 250.21of disease in humans or other animals; or | |
| 8133 | + | 250.22 (2) to affect the structure or any function of the bodies of humans or other animals. | |
| 8134 | + | 250.23 (c) No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise | |
| 8135 | + | 250.24derived from hemp may be sold to any individual who is under the age of 21. | |
| 8136 | + | 250.25 (d) Products that meet the requirements of this section are not controlled substances | |
| 8137 | + | 250.26under section 152.02. | |
| 8138 | + | 250.27 Subd. 4.Testing requirements.(a) A manufacturer of a product regulated under this | |
| 8139 | + | 250.28section must submit representative samples of each batch of the product to an independent, | |
| 8140 | + | 250.29accredited laboratory in order to certify that the product complies with the standards adopted | |
| 8141 | + | 250.30by the board on or before July 1, 2023, or the standards adopted by the commissioner. | |
| 8142 | + | 250.31Testing must be consistent with generally accepted industry standards for herbal and botanical | |
| 8143 | + | 250.32substances, and, at a minimum, the testing must confirm that the product: | |
| 8119 | 8144 | 250Article 7 Sec. 3. | |
| 8120 | - | S0073- | |
| 8121 | - | 251. | |
| 8122 | - | 251.3 ( | |
| 8123 | - | 251. | |
| 8124 | - | 251. | |
| 8125 | - | 251.6 ( | |
| 8126 | - | 251. | |
| 8127 | - | 251. | |
| 8128 | - | 251. | |
| 8129 | - | 251. | |
| 8130 | - | 251. | |
| 8131 | - | 251. | |
| 8132 | - | 251. | |
| 8133 | - | 251. | |
| 8134 | - | 251. | |
| 8135 | - | 251. | |
| 8136 | - | 251. | |
| 8137 | - | 251. | |
| 8138 | - | 251. | |
| 8139 | - | 251. | |
| 8140 | - | 251. | |
| 8141 | - | 251. | |
| 8142 | - | 251. | |
| 8143 | - | 251. | |
| 8144 | - | 251.25 ( | |
| 8145 | - | 251. | |
| 8146 | - | 251. | |
| 8147 | - | 251. | |
| 8148 | - | 251.29 ( | |
| 8149 | - | 251. | |
| 8150 | - | 251. | |
| 8145 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 251.1 (1) contains the amount or percentage of cannabinoids that is stated on the label of the | |
| 8146 | + | 251.2product; | |
| 8147 | + | 251.3 (2) does not contain more than trace amounts of any mold, residual solvents or other | |
| 8148 | + | 251.4catalysts, pesticides, fertilizers, or heavy metals; and | |
| 8149 | + | 251.5 (3) does not contain more than 0.3 percent of any tetrahydrocannabinol. | |
| 8150 | + | 251.6 (b) A manufacturer of a product regulated under this section must disclose all known | |
| 8151 | + | 251.7information regarding pesticides, fertilizers, solvents, or other foreign materials applied to | |
| 8152 | + | 251.8industrial hemp or added to industrial hemp during any production or processing stages of | |
| 8153 | + | 251.9any batch from which a representative sample has been sent for testing, including any | |
| 8154 | + | 251.10catalysts used to create synthetically derived cannabinoids. Disclosure must be made to the | |
| 8155 | + | 251.11laboratory performing testing or sampling and, upon request, to the commissioner. Disclosure | |
| 8156 | + | 251.12must include all information known to the licensee regardless of whether the application or | |
| 8157 | + | 251.13addition was made intentionally or accidentally, or by the manufacturer or any other person. | |
| 8158 | + | 251.14 (b) (c) Upon the request of the board commissioner, the manufacturer of the product | |
| 8159 | + | 251.15must provide the board commissioner with the results of the testing required in this section. | |
| 8160 | + | 251.16 (d) The commissioner may determine that any testing laboratory that does not operate | |
| 8161 | + | 251.17formal management systems under the International Organization for Standardization is not | |
| 8162 | + | 251.18an accredited laboratory and require that a representative sample of a batch of the product | |
| 8163 | + | 251.19be retested by a testing laboratory that meets this requirement. | |
| 8164 | + | 251.20 (c) (e) Testing of the hemp from which the nonintoxicating cannabinoid was derived, | |
| 8165 | + | 251.21or possession of a certificate of analysis for such hemp, does not meet the testing requirements | |
| 8166 | + | 251.22of this section. | |
| 8167 | + | 251.23 Subd. 5.Labeling requirements.(a) A product regulated under this section must bear | |
| 8168 | + | 251.24a label that contains, at a minimum: | |
| 8169 | + | 251.25 (1) the name, location, contact phone number, and website of the manufacturer of the | |
| 8170 | + | 251.26product; | |
| 8171 | + | 251.27 (2) the name and address of the independent, accredited laboratory used by the | |
| 8172 | + | 251.28manufacturer to test the product; and | |
| 8173 | + | 251.29 (3) the batch number; and | |
| 8174 | + | 251.30 (3) (4) an accurate statement of the amount or percentage of cannabinoids found in each | |
| 8175 | + | 251.31unit of the product meant to be consumed. | |
| 8151 | 8176 | 251Article 7 Sec. 3. | |
| 8152 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 252.1 (g) An edible cannabinoid product may contain delta-8 tetrahydrocannabinol or delta-9 | |
| 8153 | - | 252.2tetrahydrocannabinol that is extracted from hemp plants or hemp plant parts or is a | |
| 8154 | - | 252.3synthetically derived cannabinoid. Edible cannabinoid products are prohibited from | |
| 8155 | - | 252.4containing any other synthetically derived cannabinoid, including but not limited to THC-P, | |
| 8156 | - | 252.5THC-O, and HHC, unless the commissioner authorizes use of the synthetically derived | |
| 8157 | - | 252.6cannabinoid in edible cannabinoid products. Edible cannabinoid products are prohibited | |
| 8158 | - | 252.7from containing artificial cannabinoids. | |
| 8159 | - | 252.8 Subd. 5b.Registration; prohibitions.(a) On or before October 1, 2023, every person | |
| 8160 | - | 252.9selling edible cannabinoid products to consumers must apply for registration with the | |
| 8161 | - | 252.10commissioner in a form and manner established by the commissioner. After October 1, | |
| 8162 | - | 252.112023, the sale of edible cannabinoid products by a person that is not registered is prohibited. | |
| 8163 | - | 252.12 (b) The commissioner shall approve completed registration applications unless the | |
| 8164 | - | 252.13applicant is operating in violation of this section or the commissioner reasonably believes | |
| 8165 | - | 252.14that the applicant will operate in violation of this section. | |
| 8166 | - | 252.15 (c) The commissioner shall not charge a fee for registration under this subdivision. | |
| 8167 | - | 252.16 (d) A registered retailer shall not: | |
| 8168 | - | 252.17 (1) permit the on-site consumption of edible cannabinoid products; or | |
| 8169 | - | 252.18 (2) provide free samples of edible cannabinoid products, except that a retailer may | |
| 8170 | - | 252.19provide a single package of an edible cannabinoid product with the purchase of a childproof | |
| 8171 | - | 252.20packaging container or other device designed to ensure the safe storage and monitoring of | |
| 8172 | - | 252.21edible cannabinoid products in the home to prevent access by individuals under 21 years | |
| 8173 | - | 252.22of age. | |
| 8174 | - | 252.23 Subd. 5c.Age verification.(a) Prior to initiating a sale of an edible cannabinoid product, | |
| 8175 | - | 252.24an employee of a retailer must verify that the customer is at least 21 years of age. | |
| 8176 | - | 252.25 (b) Proof of age may be established only by one of the following: | |
| 8177 | - | 252.26 (1) a valid driver's license or identification card issued by Minnesota, another state, or | |
| 8178 | - | 252.27a province of Canada and including the photograph and date of birth of the licensed person; | |
| 8179 | - | 252.28 (2) a valid Tribal identification card as defined in section 171.072, paragraph (b); | |
| 8180 | - | 252.29 (3) a valid passport issued by the United States; | |
| 8181 | - | 252.30 (4) a valid instructional permit issued under section 171.05 to a person of legal age to | |
| 8182 | - | 252.31purchase edible cannabinoid products, which includes a photograph and the date of birth | |
| 8183 | - | 252.32of the person issued the permit; or | |
| 8177 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 252.1 (b) The information in paragraph (a) may be provided on an outer package if the | |
| 8178 | + | 252.2immediate container that holds the product is too small to contain all of the information. | |
| 8179 | + | 252.3 (c) The information required in paragraph (a) may be provided through the use of a | |
| 8180 | + | 252.4scannable barcode or matrix barcode that links to a page on the manufacturer's website if | |
| 8181 | + | 252.5that page contains all of the information required by this subdivision. | |
| 8182 | + | 252.6 (d) The label must also include a statement stating that the product does not claim to | |
| 8183 | + | 252.7diagnose, treat, cure, or prevent any disease and has not been evaluated or approved by the | |
| 8184 | + | 252.8United States Food and Drug Administration (FDA) unless the product has been so approved. | |
| 8185 | + | 252.9 (e) The information required by this subdivision must be prominently and conspicuously | |
| 8186 | + | 252.10placed on the label or displayed on the website in terms that can be easily read and understood | |
| 8187 | + | 252.11by the consumer. | |
| 8188 | + | 252.12 (f) The labeling must not contain any claim that the product may be used or is effective | |
| 8189 | + | 252.13for the prevention, treatment, or cure of a disease or that it may be used to alter the structure | |
| 8190 | + | 252.14or function of human or animal bodies, unless the claim has been approved by the FDA. | |
| 8191 | + | 252.15 Subd. 5a.Additional requirements for edible cannabinoid products.(a) In addition | |
| 8192 | + | 252.16to the testing and labeling requirements under subdivisions 4 and 5, an edible cannabinoid | |
| 8193 | + | 252.17must meet the requirements of this subdivision. | |
| 8194 | + | 252.18 (b) An edible cannabinoid product must not: | |
| 8195 | + | 252.19 (1) bear the likeness or contain cartoon-like characteristics of a real or fictional person, | |
| 8196 | + | 252.20animal, or fruit that appeals to children; | |
| 8197 | + | 252.21 (2) be modeled after a brand of products primarily consumed by or marketed to children; | |
| 8198 | + | 252.22 (3) be made by applying an extracted or concentrated hemp-derived cannabinoid to a | |
| 8199 | + | 252.23commercially available candy or snack food item; | |
| 8200 | + | 252.24 (4) be substantively similar to a meat food product; poultry food product as defined in | |
| 8201 | + | 252.25section 31A.02, subdivision 10; or a dairy product as defined in section 32D.01, subdivision | |
| 8202 | + | 252.267; | |
| 8203 | + | 252.27 (4) (5) contain an ingredient, other than a hemp-derived cannabinoid, that is not approved | |
| 8204 | + | 252.28by the United States Food and Drug Administration for use in food; | |
| 8205 | + | 252.29 (5) (6) be packaged in a way that resembles the trademarked, characteristic, or | |
| 8206 | + | 252.30product-specialized packaging of any commercially available food product; or | |
| 8184 | 8207 | 252Article 7 Sec. 3. | |
| 8185 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 253.1 (5) in the case of a foreign national, by a valid passport. | |
| 8186 | - | 253.2 (c) A registered retailer may seize a form of identification listed under paragraph (b) if | |
| 8187 | - | 253.3the registered retailer has reasonable grounds to believe that the form of identification has | |
| 8188 | - | 253.4been altered or falsified or is being used to violate any law. A registered retailer that seizes | |
| 8189 | - | 253.5a form of identification as authorized under this paragraph must deliver it to a law | |
| 8190 | - | 253.6enforcement agency within 24 hours of seizing it. | |
| 8191 | - | 253.7 Subd. 6.Noncompliant products; enforcement.(a) A product regulated under this | |
| 8192 | - | 253.8section, including an edible cannabinoid product, shall be considered an adulterated drug | |
| 8193 | - | 253.9a noncompliant product if the product is offered for sale in this state or if the product is | |
| 8194 | - | 253.10manufactured, imported, distributed, or stored with the intent to be offered for sale in this | |
| 8195 | - | 253.11state in violation of any provision of this section, including but not limited to if: | |
| 8196 | - | 253.12 (1) it consists, in whole or in part, of any filthy, putrid, or decomposed substance; | |
| 8197 | - | 253.13 (2) it has been produced, prepared, packed, or held under unsanitary conditions where | |
| 8198 | - | 253.14it may have been rendered injurious to health, or where it may have been contaminated with | |
| 8199 | - | 253.15filth; | |
| 8200 | - | 253.16 (3) its container is composed, in whole or in part, of any poisonous or deleterious | |
| 8201 | - | 253.17substance that may render the contents injurious to health; | |
| 8202 | - | 253.18 (4) it contains any food additives, color additives, or excipients that have been found by | |
| 8203 | - | 253.19the FDA to be unsafe for human or animal consumption; | |
| 8204 | - | 253.20 (5) it contains an amount or percentage of nonintoxicating cannabinoids that is different | |
| 8205 | - | 253.21than the amount or percentage stated on the label; | |
| 8206 | - | 253.22 (6) it contains more than 0.3 percent of any tetrahydrocannabinol or, if the product is | |
| 8207 | - | 253.23an edible cannabinoid product, an amount of tetrahydrocannabinol that exceeds the limits | |
| 8208 | - | 253.24established in subdivision 5a, paragraph (f); or | |
| 8209 | - | 253.25 (7) it contains more than trace amounts of mold, residual solvents, pesticides, fertilizers, | |
| 8210 | - | 253.26or heavy metals. | |
| 8211 | - | 253.27 (b) A product regulated under this section shall be considered a misbranded drug | |
| 8212 | - | 253.28noncompliant product if the product's labeling is false or misleading in any manner or in | |
| 8213 | - | 253.29violation of the requirements of this section. | |
| 8214 | - | 253.30 (c) The board's authority to issue cease and desist orders under section 151.06; to embargo | |
| 8215 | - | 253.31adulterated and misbranded drugs under section 151.38; and to seek injunctive relief under | |
| 8216 | - | 253.32section 214.11, extends to any commissioner may assume that any product regulated under | |
| 8208 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 253.1 (6) (7) be packaged in a container that includes a statement, artwork, or design that could | |
| 8209 | + | 253.2reasonably mislead any person to believe that the package contains anything other than an | |
| 8210 | + | 253.3edible cannabinoid product. | |
| 8211 | + | 253.4 (c) An edible cannabinoid product must be prepackaged in packaging or a container that | |
| 8212 | + | 253.5is child-resistant, tamper-evident, and opaque or placed in packaging or a container that is | |
| 8213 | + | 253.6child-resistant, tamper-evident, and opaque at the final point of sale to a customer. The | |
| 8214 | + | 253.7requirement that packaging be child-resistant does not apply to an edible cannabinoid product | |
| 8215 | + | 253.8that is intended to be consumed as a beverage and which contains no more than a trace | |
| 8216 | + | 253.9amount of any tetrahydrocannabinol total of 0.25 milligrams of all tetrahydrocannabinols. | |
| 8217 | + | 253.10 (d) If an edible cannabinoid product is intended for more than a single use or contains | |
| 8218 | + | 253.11multiple servings, each serving must be indicated by scoring, wrapping, or other indicators | |
| 8219 | + | 253.12designating the individual serving size that appear on the edible cannabinoid product. | |
| 8220 | + | 253.13 (e) A label containing at least the following information must be affixed to the packaging | |
| 8221 | + | 253.14or container of all edible cannabinoid products sold to consumers: | |
| 8222 | + | 253.15 (1) the serving size; | |
| 8223 | + | 253.16 (2) the cannabinoid profile per serving and in total; | |
| 8224 | + | 253.17 (3) a list of ingredients, including identification of any major food allergens declared | |
| 8225 | + | 253.18by name; and | |
| 8226 | + | 253.19 (4) the following statement: "Keep this product out of reach of children." | |
| 8227 | + | 253.20 (f) An edible cannabinoid product must not contain more than five milligrams of any | |
| 8228 | + | 253.21tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any | |
| 8229 | + | 253.22tetrahydrocannabinol per package. | |
| 8230 | + | 253.23 (g) An edible cannabinoid product may contain delta-8 tetrahydrocannabinol or delta-9 | |
| 8231 | + | 253.24tetrahydrocannabinol that is extracted from hemp plants or hemp plant parts or is an | |
| 8232 | + | 253.25synthetically derived cannabinoid. Edible cannabinoid products are prohibited from | |
| 8233 | + | 253.26containing any other synthetically derived cannabinoid, including but not limited to THC-P, | |
| 8234 | + | 253.27THC-O, and HHC, unless the commissioner authorizes use of the synthetically derived | |
| 8235 | + | 253.28cannabinoid in edible cannabinoid products. Edible cannabinoid products are prohibited | |
| 8236 | + | 253.29from containing artificial cannabinoids. | |
| 8237 | + | 253.30 Subd. 5b.Registration; prohibitions.(a) On or before October 1, 2023, every person | |
| 8238 | + | 253.31selling edible cannabinoid products to consumers must apply for registration with the | |
| 8239 | + | 253.32commissioner in a form and manner established by the commissioner. After October 1, | |
| 8240 | + | 253.332023, the sale of edible cannabinoid products by a person that is not registered is prohibited. | |
| 8217 | 8241 | 253Article 7 Sec. 3. | |
| 8218 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 254.1this section that is present in the state, other than a product lawfully possessed for personal | |
| 8219 | - | 254.2use, has been manufactured, imported, distributed, or stored with the intent to be offered | |
| 8220 | - | 254.3for sale in this state if a product of the same type and brand was sold in the state on or after | |
| 8221 | - | 254.4July 1, 2023, or if the product is in the possession of a person who has sold any product in | |
| 8222 | - | 254.5violation of this section. | |
| 8223 | - | 254.6 (d) The commissioner may enforce this section, including enforcement against a | |
| 8224 | - | 254.7manufacturer or distributor of a product regulated under this section, under sections 144.989 | |
| 8225 | - | 254.8to 144.993. | |
| 8226 | - | 254.9 (e) The commissioner may enter into an interagency agreement with the Office of | |
| 8227 | - | 254.10Cannabis Management to perform inspections and take other enforcement actions on behalf | |
| 8228 | - | 254.11of the commissioner. | |
| 8229 | - | 254.12 Subd. 7.Violations; criminal penalties.(a) Notwithstanding section 144.99, subdivision | |
| 8230 | - | 254.1311, a person who does any of the following regarding a product regulated under this section | |
| 8231 | - | 254.14is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than | |
| 8232 | - | 254.15one year or to payment of a fine of not more than $3,000, or both: | |
| 8233 | - | 254.16 (1) knowingly alters or otherwise falsifies testing results; | |
| 8234 | - | 254.17 (2) intentionally alters or falsifies any information required to be included on the label | |
| 8235 | - | 254.18of an edible cannabinoid product; or | |
| 8236 | - | 254.19 (3) intentionally makes a false material statement to the commissioner. | |
| 8237 | - | 254.20 (b) Notwithstanding section 144.99, subdivision 11, a person who does any of the | |
| 8238 | - | 254.21following on the premises of a registered retailer or another business that sells retail goods | |
| 8239 | - | 254.22to customers is guilty of a gross misdemeanor and may be sentenced to imprisonment for | |
| 8240 | - | 254.23not more than one year or to payment of a fine of not more than $3,000, or both: | |
| 8241 | - | 254.24 (1) sells an edible cannabinoid product knowing that the product does not comply with | |
| 8242 | - | 254.25the limits on the amount or types of cannabinoids that a product may contain; | |
| 8243 | - | 254.26 (2) sells an edible cannabinoid product knowing that the product does not comply with | |
| 8244 | - | 254.27the applicable testing, packaging, or labeling requirements; or | |
| 8245 | - | 254.28 (3) sells an edible cannabinoid product to a person under the age of 21, except that it is | |
| 8246 | - | 254.29an affirmative defense to a charge under this clause if the defendant proves by a | |
| 8247 | - | 254.30preponderance of the evidence that the defendant reasonably and in good faith relied on | |
| 8248 | - | 254.31proof of age as described in subdivision 5c. | |
| 8242 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 254.1 (b) The commissioner shall approve completed registration applications unless the | |
| 8243 | + | 254.2applicant is operating in violation of this section or the commissioner reasonably believes | |
| 8244 | + | 254.3that the applicant will operate in violation of this section. | |
| 8245 | + | 254.4 (c) The commissioner shall not charge a fee for registration under this subdivision. | |
| 8246 | + | 254.5 (d) A registered retailer shall not: | |
| 8247 | + | 254.6 (1) permit the on-site consumption of edible cannabinoid products; or | |
| 8248 | + | 254.7 (2) provide free samples of edible cannabinoid products, except that a retailer may | |
| 8249 | + | 254.8provide a single package of an edible cannabinoid product with the purchase of a childproof | |
| 8250 | + | 254.9packaging container or other device designed to ensure the safe storage and monitoring of | |
| 8251 | + | 254.10edible cannabinoid products in the home to prevent access by individuals under 21 years | |
| 8252 | + | 254.11of age. | |
| 8253 | + | 254.12 Subd. 5c.Age verification.(a) Prior to initiating a sale of an edible cannabinoid product, | |
| 8254 | + | 254.13an employee of a retailer must verify that the customer is at least 21 years of age. | |
| 8255 | + | 254.14 (b) Proof of age may be established only by one of the following: | |
| 8256 | + | 254.15 (1) a valid driver's license or identification card issued by Minnesota, another state, or | |
| 8257 | + | 254.16a province of Canada and including the photograph and date of birth of the licensed person; | |
| 8258 | + | 254.17 (2) a valid Tribal identification card as defined in section 171.072, paragraph (b); | |
| 8259 | + | 254.18 (3) a valid passport issued by the United States; | |
| 8260 | + | 254.19 (4) a valid instructional permit issued under section 171.05 to a person of legal age to | |
| 8261 | + | 254.20purchase edible cannabinoid products, which includes a photograph and the date of birth | |
| 8262 | + | 254.21of the person issued the permit; or | |
| 8263 | + | 254.22 (5) in the case of a foreign national, by a valid passport. | |
| 8264 | + | 254.23 (c) A registered retailer may seize a form of identification listed under paragraph (b) if | |
| 8265 | + | 254.24the registered retailer has reasonable grounds to believe that the form of identification has | |
| 8266 | + | 254.25been altered or falsified or is being used to violate any law. A registered retailer that seizes | |
| 8267 | + | 254.26a form of identification as authorized under this paragraph must deliver it to a law | |
| 8268 | + | 254.27enforcement agency within 24 hours of seizing it. | |
| 8269 | + | 254.28 Subd. 6.Noncompliant products; enforcement.(a) A product regulated under this | |
| 8270 | + | 254.29section, including an edible cannabinoid product, shall be considered an adulterated drug | |
| 8271 | + | 254.30a noncompliant product if the product is offered for sale in this state or if the product is | |
| 8272 | + | 254.31manufactured, imported, distributed, or stored with the intent to be offered for sale in this | |
| 8273 | + | 254.32state in violation of any provision of this section, including but not limited to if: | |
| 8249 | 8274 | 254Article 7 Sec. 3. | |
| 8250 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 255.1Sec. 4. Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to | |
| 8251 | - | 255.2read: | |
| 8252 | - | 255.3 Subd. 5d.Indian lands.(a) "Indian lands" means all lands within the limits of any Indian | |
| 8253 | - | 255.4reservation within the boundaries of Minnesota and any lands within the boundaries of | |
| 8254 | - | 255.5Minnesota, title to which are either held in trust by the United States or over which an Indian | |
| 8255 | - | 255.6Tribe exercises governmental power. | |
| 8256 | - | 255.7 (b) This subdivision expires January 1, 2024. | |
| 8257 | - | 255.8Sec. 5. Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to | |
| 8258 | - | 255.9read: | |
| 8259 | - | 255.10 Subd. 15.Tribal medical cannabis board.(a) "Tribal medical cannabis board" means | |
| 8260 | - | 255.11an agency established by each federally recognized Tribal government and duly authorized | |
| 8261 | - | 255.12by that Tribe's governing body to perform regulatory oversight and monitor compliance | |
| 8262 | - | 255.13with a Tribal medical cannabis program and applicable regulations. | |
| 8263 | - | 255.14 (b) This subdivision expires January 1, 2024. | |
| 8264 | - | 255.15Sec. 6. Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to | |
| 8265 | - | 255.16read: | |
| 8266 | - | 255.17 Subd. 16.Tribal medical cannabis program.(a) "Tribal medical cannabis program" | |
| 8267 | - | 255.18means a program established by a federally recognized Tribal government within the | |
| 8268 | - | 255.19boundaries of Minnesota regarding the commercial production, processing, sale or | |
| 8269 | - | 255.20distribution, and possession of medical cannabis and medical cannabis products. | |
| 8270 | - | 255.21 (b) This subdivision expires January 1, 2024. | |
| 8271 | - | 255.22Sec. 7. Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to | |
| 8272 | - | 255.23read: | |
| 8273 | - | 255.24 Subd. 17.Tribal medical cannabis program manufacturer.(a) "Tribal medical | |
| 8274 | - | 255.25cannabis program manufacturer" means an entity designated by a Tribal medical cannabis | |
| 8275 | - | 255.26board within the boundaries of Minnesota or a federally recognized Tribal government | |
| 8276 | - | 255.27within the boundaries of Minnesota to engage in production, processing, and sale or | |
| 8277 | - | 255.28distribution of medical cannabis and medical cannabis products under that Tribe's Tribal | |
| 8278 | - | 255.29medical cannabis program. | |
| 8279 | - | 255.30 (b) This subdivision expires January 1, 2024. | |
| 8280 | - | 255Article 7 Sec. 7. | |
| 8281 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 256.1Sec. 8. Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to | |
| 8282 | - | 256.2read: | |
| 8283 | - | 256.3 Subd. 18.Tribal medical cannabis program patient.(a) "Tribal medical cannabis | |
| 8284 | - | 256.4program patient" means a person who possesses a valid registration verification card or | |
| 8285 | - | 256.5equivalent document that is issued under the laws or regulations of a Tribal nation within | |
| 8286 | - | 256.6the boundaries of Minnesota and that verifies that the person is enrolled in or authorized to | |
| 8287 | - | 256.7participate in that Tribal nation's Tribal medical cannabis program. | |
| 8288 | - | 256.8 (b) This subdivision expires January 1, 2024. | |
| 8289 | - | 256.9Sec. 9. Minnesota Statutes 2022, section 152.29, subdivision 4, is amended to read: | |
| 8290 | - | 256.10 Subd. 4.Report.(a) Each manufacturer shall report to the commissioner on a monthly | |
| 8291 | - | 256.11basis the following information on each individual patient for the month prior to the report: | |
| 8292 | - | 256.12 (1) the amount and dosages of medical cannabis distributed; | |
| 8293 | - | 256.13 (2) the chemical composition of the medical cannabis; and | |
| 8294 | - | 256.14 (3) the tracking number assigned to any medical cannabis distributed. | |
| 8295 | - | 256.15 (b) For transactions involving Tribal medical cannabis program patients, each | |
| 8296 | - | 256.16manufacturer shall report to the commissioner on a weekly basis the following information | |
| 8297 | - | 256.17on each individual Tribal medical cannabis program patient for the week prior to the report: | |
| 8298 | - | 256.18 (1) the name of the Tribal medical cannabis program in which the Tribal medical cannabis | |
| 8299 | - | 256.19program patient is enrolled; | |
| 8300 | - | 256.20 (2) the amount and dosages of medical cannabis distributed; | |
| 8301 | - | 256.21 (3) the chemical composition of the medical cannabis distributed; and | |
| 8302 | - | 256.22 (4) the tracking number assigned to the medical cannabis distributed. | |
| 8303 | - | 256.23Sec. 10. Minnesota Statutes 2022, section 152.29, is amended by adding a subdivision to | |
| 8304 | - | 256.24read: | |
| 8305 | - | 256.25 Subd. 5.Distribution to Tribal medical cannabis program patient.(a) A manufacturer | |
| 8306 | - | 256.26may distribute medical cannabis in accordance with subdivisions 1 to 4 to a Tribal medical | |
| 8307 | - | 256.27cannabis program patient. | |
| 8308 | - | 256.28 (b) Prior to distribution, the Tribal medical cannabis program patient must provide to | |
| 8309 | - | 256.29the manufacturer: | |
| 8310 | - | 256Article 7 Sec. 10. | |
| 8311 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 257.1 (1) a valid medical cannabis registration verification card or equivalent document issued | |
| 8312 | - | 257.2by a Tribal medical cannabis program that indicates that the Tribal medical cannabis program | |
| 8313 | - | 257.3patient is authorized to use medical cannabis on Indian lands over which the Tribe has | |
| 8314 | - | 257.4jurisdiction; and | |
| 8315 | - | 257.5 (2) a valid photographic identification card issued by the Tribal medical cannabis | |
| 8316 | - | 257.6program, a valid driver's license, or a valid state identification card. | |
| 8317 | - | 257.7 (c) A manufacturer shall distribute medical cannabis to a Tribal medical cannabis program | |
| 8318 | - | 257.8patient only in a form allowed under section 152.22, subdivision 6. | |
| 8319 | - | 257.9 (d) This subdivision expires January 1, 2024. | |
| 8320 | - | 257.10Sec. 11. [152.291] TRIBAL MEDICAL CANNABIS PROGRAM MANUFACTURER | |
| 8321 | - | 257.11TRANSPORTATION. | |
| 8322 | - | 257.12 (a) A Tribal medical cannabis program manufacturer may transport medical cannabis | |
| 8323 | - | 257.13to testing laboratories in the state and to other Indian lands. | |
| 8324 | - | 257.14 (b) A Tribal medical cannabis program manufacturer must staff a motor vehicle used to | |
| 8325 | - | 257.15transport medical cannabis with at least two employees of the manufacturer. Each employee | |
| 8326 | - | 257.16in the transport vehicle must carry identification specifying that the employee is an employee | |
| 8327 | - | 257.17of the manufacturer, and one employee in the transport vehicle must carry a detailed | |
| 8328 | - | 257.18transportation manifest that includes the place and time of departure, the address of the | |
| 8329 | - | 257.19destination, and a description and count of the medical cannabis being transported. | |
| 8330 | - | 257.20 (c) This section expires January 1, 2024. | |
| 8331 | - | 257.21Sec. 12. Minnesota Statutes 2022, section 152.30, is amended to read: | |
| 8332 | - | 257.22 152.30 PATIENT DUTIES. | |
| 8333 | - | 257.23 (a) A patient shall apply to the commissioner for enrollment in the registry program by | |
| 8334 | - | 257.24submitting an application as required in section 152.27 and an annual registration fee as | |
| 8335 | - | 257.25determined under section 152.35. | |
| 8336 | - | 257.26 (b) As a condition of continued enrollment, patients shall agree to: | |
| 8337 | - | 257.27 (1) continue to receive regularly scheduled treatment for their qualifying medical | |
| 8338 | - | 257.28condition from their health care practitioner; and | |
| 8339 | - | 257.29 (2) report changes in their qualifying medical condition to their health care practitioner. | |
| 8340 | - | 257Article 7 Sec. 12. | |
| 8341 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 258.1 (c) A patient shall only receive medical cannabis from a registered manufacturer or | |
| 8342 | - | 258.2Tribal medical cannabis program but is not required to receive medical cannabis products | |
| 8343 | - | 258.3from only a registered manufacturer or Tribal medical cannabis program. | |
| 8344 | - | 258.4Sec. 13. Minnesota Statutes 2022, section 152.32, is amended to read: | |
| 8345 | - | 258.5 152.32 PROTECTIONS FOR REGISTRY PROGRAM OR TRIBAL MEDICAL | |
| 8346 | - | 258.6CANNABIS PROGRAM PARTICIPATION. | |
| 8347 | - | 258.7 Subdivision 1.Presumption.(a) There is a presumption that a patient enrolled in the | |
| 8348 | - | 258.8registry program under sections 152.22 to 152.37 or a Tribal medical cannabis program | |
| 8349 | - | 258.9patient is engaged in the authorized use of medical cannabis. | |
| 8350 | - | 258.10 (b) The presumption may be rebutted by evidence that: | |
| 8351 | - | 258.11 (1) a patient's conduct related to use of medical cannabis was not for the purpose of | |
| 8352 | - | 258.12treating or alleviating the patient's qualifying medical condition or symptoms associated | |
| 8353 | - | 258.13with the patient's qualifying medical condition.; or | |
| 8354 | - | 258.14 (2) a Tribal medical cannabis program patient's use of medical cannabis was not for a | |
| 8355 | - | 258.15purpose authorized by the Tribal medical cannabis program. | |
| 8356 | - | 258.16 Subd. 2.Criminal and civil protections.(a) Subject to section 152.23, the following | |
| 8357 | - | 258.17are not violations under this chapter: | |
| 8358 | - | 258.18 (1) use or possession of medical cannabis or medical cannabis products by a patient | |
| 8359 | - | 258.19enrolled in the registry program, or; possession by a registered designated caregiver or the | |
| 8360 | - | 258.20parent, legal guardian, or spouse of a patient if the parent, legal guardian, or spouse is listed | |
| 8361 | - | 258.21on the registry verification; or use or possession of medical cannabis or medical cannabis | |
| 8362 | - | 258.22products by a Tribal medical cannabis program patient; | |
| 8363 | - | 258.23 (2) possession, dosage determination, or sale of medical cannabis or medical cannabis | |
| 8364 | - | 258.24products by a medical cannabis manufacturer, employees of a manufacturer, a Tribal medical | |
| 8365 | - | 258.25cannabis program manufacturer, employees of a Tribal medical cannabis program | |
| 8366 | - | 258.26manufacturer, a laboratory conducting testing on medical cannabis, or employees of the | |
| 8367 | - | 258.27laboratory; and | |
| 8368 | - | 258.28 (3) possession of medical cannabis or medical cannabis products by any person while | |
| 8369 | - | 258.29carrying out the duties required under sections 152.22 to 152.37. | |
| 8370 | - | 258.30 (b) Medical cannabis obtained and distributed pursuant to sections 152.22 to 152.37 and | |
| 8371 | - | 258.31associated property is not subject to forfeiture under sections 609.531 to 609.5316. | |
| 8372 | - | 258Article 7 Sec. 13. | |
| 8373 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 259.1 (c) The commissioner, members of a Tribal medical cannabis board, the commissioner's | |
| 8374 | - | 259.2or Tribal medical cannabis board's staff, the commissioner's or Tribal medical cannabis | |
| 8375 | - | 259.3board's agents or contractors, and any health care practitioner are not subject to any civil or | |
| 8376 | - | 259.4disciplinary penalties by the Board of Medical Practice, the Board of Nursing, or by any | |
| 8377 | - | 259.5business, occupational, or professional licensing board or entity, solely for the participation | |
| 8378 | - | 259.6in the registry program under sections 152.22 to 152.37 or in a Tribal medical cannabis | |
| 8379 | - | 259.7program. A pharmacist licensed under chapter 151 is not subject to any civil or disciplinary | |
| 8380 | - | 259.8penalties by the Board of Pharmacy when acting in accordance with the provisions of | |
| 8381 | - | 259.9sections 152.22 to 152.37. Nothing in this section affects a professional licensing board | |
| 8382 | - | 259.10from taking action in response to violations of any other section of law. | |
| 8383 | - | 259.11 (d) Notwithstanding any law to the contrary, the commissioner, the governor of | |
| 8384 | - | 259.12Minnesota, or an employee of any state agency may not be held civilly or criminally liable | |
| 8385 | - | 259.13for any injury, loss of property, personal injury, or death caused by any act or omission | |
| 8386 | - | 259.14while acting within the scope of office or employment under sections 152.22 to 152.37. | |
| 8387 | - | 259.15 (e) Federal, state, and local law enforcement authorities are prohibited from accessing | |
| 8388 | - | 259.16the patient registry under sections 152.22 to 152.37 except when acting pursuant to a valid | |
| 8389 | - | 259.17search warrant. | |
| 8390 | - | 259.18 (f) Notwithstanding any law to the contrary, neither the commissioner nor a public | |
| 8391 | - | 259.19employee may release data or information about an individual contained in any report, | |
| 8392 | - | 259.20document, or registry created under sections 152.22 to 152.37 or any information obtained | |
| 8393 | - | 259.21about a patient participating in the program, except as provided in sections 152.22 to 152.37. | |
| 8394 | - | 259.22 (g) No information contained in a report, document, or registry or obtained from a patient | |
| 8395 | - | 259.23under sections 152.22 to 152.37 or from a Tribal medical cannabis program patient may be | |
| 8396 | - | 259.24admitted as evidence in a criminal proceeding unless independently obtained or in connection | |
| 8397 | - | 259.25with a proceeding involving a violation of sections 152.22 to 152.37. | |
| 8398 | - | 259.26 (h) Notwithstanding section 13.09, any person who violates paragraph (e) or (f) is guilty | |
| 8399 | - | 259.27of a gross misdemeanor. | |
| 8400 | - | 259.28 (i) An attorney may not be subject to disciplinary action by the Minnesota Supreme | |
| 8401 | - | 259.29Court, a Tribal court, or the professional responsibility board for providing legal assistance | |
| 8402 | - | 259.30to prospective or registered manufacturers or others related to activity that is no longer | |
| 8403 | - | 259.31subject to criminal penalties under state law pursuant to sections 152.22 to 152.37, or for | |
| 8404 | - | 259.32providing legal assistance to a Tribal medical cannabis program or a Tribal medical cannabis | |
| 8405 | - | 259.33program manufacturer. | |
| 8406 | - | 259Article 7 Sec. 13. | |
| 8407 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 260.1 (j) Possession of a registry verification or application for enrollment in the program by | |
| 8408 | - | 260.2a person entitled to possess or apply for enrollment in the registry program does The | |
| 8409 | - | 260.3following do not constitute probable cause or reasonable suspicion, nor and shall it not be | |
| 8410 | - | 260.4used to support a search of the person or property of the person possessing or applying for | |
| 8411 | - | 260.5the registry verification or equivalent, or otherwise subject the person or property of the | |
| 8412 | - | 260.6person to inspection by any governmental agency.: | |
| 8413 | - | 260.7 (1) possession of a registry verification or application for enrollment in the registry | |
| 8414 | - | 260.8program by a person entitled to possess a registry verification or apply for enrollment in | |
| 8415 | - | 260.9the registry program; or | |
| 8416 | - | 260.10 (2) possession of a verification or equivalent issued by a Tribal medical cannabis program | |
| 8417 | - | 260.11or application for enrollment in a Tribal medical cannabis program by a person entitled to | |
| 8418 | - | 260.12possess such a verification or application. | |
| 8419 | - | 260.13 Subd. 3.Discrimination prohibited.(a) No school or landlord may refuse to enroll or | |
| 8420 | - | 260.14lease to and may not otherwise penalize a person solely for the person's status as a patient | |
| 8421 | - | 260.15enrolled in the registry program under sections 152.22 to 152.37 or for the person's status | |
| 8422 | - | 260.16as a Tribal medical cannabis program patient, unless failing to do so would violate federal | |
| 8423 | - | 260.17law or regulations or cause the school or landlord to lose a monetary or licensing-related | |
| 8424 | - | 260.18benefit under federal law or regulations. | |
| 8425 | - | 260.19 (b) For the purposes of medical care, including organ transplants, a registry program | |
| 8426 | - | 260.20enrollee's use of medical cannabis under sections 152.22 to 152.37, or a Tribal medical | |
| 8427 | - | 260.21cannabis program patient's use of medical cannabis as authorized by the Tribal medical | |
| 8428 | - | 260.22cannabis program, is considered the equivalent of the authorized use of any other medication | |
| 8429 | - | 260.23used at the discretion of a physician, advanced practice registered nurse, or physician assistant | |
| 8430 | - | 260.24and does not constitute the use of an illicit substance or otherwise disqualify a patient from | |
| 8431 | - | 260.25needed medical care. | |
| 8432 | - | 260.26 (c) Unless a failure to do so would violate federal law or regulations or cause an employer | |
| 8433 | - | 260.27to lose a monetary or licensing-related benefit under federal law or regulations, an employer | |
| 8434 | - | 260.28may not discriminate against a person in hiring, termination, or any term or condition of | |
| 8435 | - | 260.29employment, or otherwise penalize a person, if the discrimination is based upon either any | |
| 8436 | - | 260.30of the following: | |
| 8437 | - | 260.31 (1) the person's status as a patient enrolled in the registry program under sections 152.22 | |
| 8438 | - | 260.32to 152.37; or | |
| 8439 | - | 260.33 (2) the person's status as a Tribal medical cannabis program patient; or | |
| 8440 | - | 260Article 7 Sec. 13. | |
| 8441 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 261.1 (2) (3) a patient's positive drug test for cannabis components or metabolites, unless the | |
| 8442 | - | 261.2patient used, possessed, or was impaired by medical cannabis on the premises of the place | |
| 8443 | - | 261.3of employment or during the hours of employment. | |
| 8444 | - | 261.4 (d) An employee who is required to undergo employer drug testing pursuant to section | |
| 8445 | - | 261.5181.953 may present verification of enrollment in the patient registry or of enrollment in a | |
| 8446 | - | 261.6Tribal medical cannabis program as part of the employee's explanation under section 181.953, | |
| 8447 | - | 261.7subdivision 6. | |
| 8448 | - | 261.8 (e) A person shall not be denied custody of a minor child or visitation rights or parenting | |
| 8449 | - | 261.9time with a minor child solely based on the person's status as a patient enrolled in the registry | |
| 8450 | - | 261.10program under sections 152.22 to 152.37, or on the person's status as a Tribal medical | |
| 8451 | - | 261.11cannabis program patient. There shall be no presumption of neglect or child endangerment | |
| 8452 | - | 261.12for conduct allowed under sections 152.22 to 152.37 or under a Tribal medical cannabis | |
| 8453 | - | 261.13program, unless the person's behavior is such that it creates an unreasonable danger to the | |
| 8454 | - | 261.14safety of the minor as established by clear and convincing evidence. | |
| 8455 | - | 261.15Sec. 14. Minnesota Statutes 2022, section 152.33, subdivision 1, is amended to read: | |
| 8456 | - | 261.16 Subdivision 1.Intentional diversion; criminal penalty.In addition to any other | |
| 8457 | - | 261.17applicable penalty in law, a manufacturer or an agent of a manufacturer who intentionally | |
| 8458 | - | 261.18transfers medical cannabis to a person other than another registered manufacturer, a patient, | |
| 8459 | - | 261.19a Tribal medical cannabis program patient, a registered designated caregiver or, if listed on | |
| 8460 | - | 261.20the registry verification, a parent, legal guardian, or spouse of a patient is guilty of a felony | |
| 8461 | - | 261.21punishable by imprisonment for not more than two years or by payment of a fine of not | |
| 8462 | - | 261.22more than $3,000, or both. A person convicted under this subdivision may not continue to | |
| 8463 | - | 261.23be affiliated with the manufacturer and is disqualified from further participation under | |
| 8464 | - | 261.24sections 152.22 to 152.37. | |
| 8465 | - | 261.25Sec. 15. Minnesota Statutes 2022, section 340A.412, subdivision 14, is amended to read: | |
| 8466 | - | 261.26 Subd. 14.Exclusive liquor stores.(a) Except as otherwise provided in this subdivision, | |
| 8467 | - | 261.27an exclusive liquor store may sell only the following items: | |
| 8468 | - | 261.28 (1) alcoholic beverages; | |
| 8469 | - | 261.29 (2) tobacco products; | |
| 8470 | - | 261.30 (3) ice; | |
| 8471 | - | 261.31 (4) beverages, either liquid or powder, specifically designated for mixing with intoxicating | |
| 8472 | - | 261.32liquor; | |
| 8473 | - | 261Article 7 Sec. 15. | |
| 8474 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 262.1 (5) soft drinks; | |
| 8475 | - | 262.2 (6) liqueur-filled candies; | |
| 8476 | - | 262.3 (7) food products that contain more than one-half of one percent alcohol by volume; | |
| 8477 | - | 262.4 (8) cork extraction devices; | |
| 8478 | - | 262.5 (9) books and videos on the use of alcoholic beverages; | |
| 8479 | - | 262.6 (10) magazines and other publications published primarily for information and education | |
| 8480 | - | 262.7on alcoholic beverages; | |
| 8481 | - | 262.8 (11) multiple-use bags designed to carry purchased items; | |
| 8482 | - | 262.9 (12) devices designed to ensure safe storage and monitoring of alcohol in the home, to | |
| 8483 | - | 262.10prevent access by underage drinkers; | |
| 8484 | - | 262.11 (13) home brewing equipment; | |
| 8485 | - | 262.12 (14) clothing marked with the specific name, brand, or identifying logo of the exclusive | |
| 8486 | - | 262.13liquor store, and bearing no other name, brand, or identifying logo; | |
| 8487 | - | 262.14 (15) citrus fruit; and | |
| 8488 | - | 262.15 (16) glassware.; and | |
| 8489 | - | 262.16 (17) edible cannabinoid products as defined in section 151.72, subdivision 1, paragraph | |
| 8490 | - | 262.17(f). This clause expires July 1, 2024. | |
| 8491 | - | 262.18 (b) An exclusive liquor store that has an on-sale, or combination on-sale and off-sale | |
| 8492 | - | 262.19license may sell food for on-premise consumption when authorized by the municipality | |
| 8493 | - | 262.20issuing the license. | |
| 8494 | - | 262.21 (c) An exclusive liquor store may offer live or recorded entertainment. | |
| 8495 | - | 262.22Sec. 16. EDIBLE CANNABINOID PRODUCTS; ENFORCEMENT . | |
| 8496 | - | 262.23 (a) The Department of Health shall enforce the provisions of Minnesota Statutes, section | |
| 8497 | - | 262.24151.72, and all rules, orders, stipulation agreements, settlements, compliance agreements, | |
| 8498 | - | 262.25and registrations related to that section adopted or issued by the Office of Medical Cannabis | |
| 8499 | - | 262.26or the Department of Health pursuant to the Health Enforcement Consolidation Act of 1993 | |
| 8500 | - | 262.27contained in Minnesota Statutes, sections 144.989 to 144.993. The commissioner of health | |
| 8501 | - | 262.28may assign enforcement responsibilities to the Office of Medical Cannabis. | |
| 8502 | - | 262.29 (b) The enforcement authority under paragraph (a) shall transfer to the Office of Cannabis | |
| 8503 | - | 262.30Management at any such time that the powers and duties of the Department of Health, with | |
| 8504 | - | 262Article 7 Sec. 16. | |
| 8505 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 263.1respect to the medical cannabis program under Minnesota Statutes 2022, sections 152.22 | |
| 8506 | - | 263.2to 152.37, are transferred to the Office of Cannabis Management. The director of the Office | |
| 8507 | - | 263.3of Cannabis Management may assign enforcement responsibilities to the Division of Medical | |
| 8508 | - | 263.4Cannabis. | |
| 8509 | - | 263.5 (c) This section shall expire on July 1, 2024. | |
| 8510 | - | 263.6Sec. 17. EFFECTIVE DATE. | |
| 8511 | - | 263.7 This article is effective the day following final enactment. | |
| 8512 | - | 263.8 ARTICLE 8 | |
| 8513 | - | 263.9 SCHEDULING OF MARIJUANA | |
| 8514 | - | 263.10Section 1. Minnesota Statutes 2022, section 152.02, subdivision 2, is amended to read: | |
| 8515 | - | 263.11 Subd. 2.Schedule I.(a) Schedule I consists of the substances listed in this subdivision. | |
| 8516 | - | 263.12 (b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the | |
| 8517 | - | 263.13following substances, including their analogs, isomers, esters, ethers, salts, and salts of | |
| 8518 | - | 263.14isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, ethers, | |
| 8519 | - | 263.15and salts is possible: | |
| 8520 | - | 263.16 (1) acetylmethadol; | |
| 8521 | - | 263.17 (2) allylprodine; | |
| 8522 | - | 263.18 (3) alphacetylmethadol (except levo-alphacetylmethadol, also known as levomethadyl | |
| 8523 | - | 263.19acetate); | |
| 8524 | - | 263.20 (4) alphameprodine; | |
| 8525 | - | 263.21 (5) alphamethadol; | |
| 8526 | - | 263.22 (6) alpha-methylfentanyl benzethidine; | |
| 8527 | - | 263.23 (7) betacetylmethadol; | |
| 8528 | - | 263.24 (8) betameprodine; | |
| 8529 | - | 263.25 (9) betamethadol; | |
| 8530 | - | 263.26 (10) betaprodine; | |
| 8531 | - | 263.27 (11) clonitazene; | |
| 8532 | - | 263.28 (12) dextromoramide; | |
| 8275 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 255.1 (1) it consists, in whole or in part, of any filthy, putrid, or decomposed substance; | |
| 8276 | + | 255.2 (2) it has been produced, prepared, packed, or held under unsanitary conditions where | |
| 8277 | + | 255.3it may have been rendered injurious to health, or where it may have been contaminated with | |
| 8278 | + | 255.4filth; | |
| 8279 | + | 255.5 (3) its container is composed, in whole or in part, of any poisonous or deleterious | |
| 8280 | + | 255.6substance that may render the contents injurious to health; | |
| 8281 | + | 255.7 (4) it contains any food additives, color additives, or excipients that have been found by | |
| 8282 | + | 255.8the FDA to be unsafe for human or animal consumption; | |
| 8283 | + | 255.9 (5) it contains an amount or percentage of nonintoxicating cannabinoids that is different | |
| 8284 | + | 255.10than the amount or percentage stated on the label; | |
| 8285 | + | 255.11 (6) it contains more than 0.3 percent of any tetrahydrocannabinol or, if the product is | |
| 8286 | + | 255.12an edible cannabinoid product, an amount of tetrahydrocannabinol that exceeds the limits | |
| 8287 | + | 255.13established in subdivision 5a, paragraph (f); or | |
| 8288 | + | 255.14 (7) it contains more than trace amounts of mold, residual solvents, pesticides, fertilizers, | |
| 8289 | + | 255.15or heavy metals. | |
| 8290 | + | 255.16 (b) A product regulated under this section shall be considered a misbranded drug | |
| 8291 | + | 255.17noncompliant product if the product's labeling is false or misleading in any manner or in | |
| 8292 | + | 255.18violation of the requirements of this section. | |
| 8293 | + | 255.19 (c) The board's authority to issue cease and desist orders under section 151.06; to embargo | |
| 8294 | + | 255.20adulterated and misbranded drugs under section 151.38; and to seek injunctive relief under | |
| 8295 | + | 255.21section 214.11, extends to any commissioner may assume that any product regulated under | |
| 8296 | + | 255.22this section that is present in the state, other than a product lawfully possessed for personal | |
| 8297 | + | 255.23use, has been manufactured, imported, distributed, or stored with the intent to be offered | |
| 8298 | + | 255.24for sale in this state if a product of the same type and brand was sold in the state on or after | |
| 8299 | + | 255.25July 1, 2023, or if the product is in the possession of a person who has sold any product in | |
| 8300 | + | 255.26violation of this section. | |
| 8301 | + | 255.27 (d) The commissioner may enforce this section, including enforcement against a | |
| 8302 | + | 255.28manufacturer or distributor of a product regulated under this section, under sections 144.989 | |
| 8303 | + | 255.29to 144.993. | |
| 8304 | + | 255.30 (e) The commissioner may enter into an interagency agreement with the Office of | |
| 8305 | + | 255.31Cannabis Management to perform inspections and take other enforcement actions on behalf | |
| 8306 | + | 255.32of the commissioner. | |
| 8307 | + | 255Article 7 Sec. 3. | |
| 8308 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 256.1 Subd. 7.Violations; criminal penalties.(a) Notwithstanding section 144.99, subdivision | |
| 8309 | + | 256.211, a person who does any of the following regarding a product regulated under this section | |
| 8310 | + | 256.3is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than | |
| 8311 | + | 256.4one year or to payment of a fine of not more than $3,000, or both: | |
| 8312 | + | 256.5 (1) knowingly alters or otherwise falsifies testing results; | |
| 8313 | + | 256.6 (2) intentionally alters or falsifies any information required to be included on the label | |
| 8314 | + | 256.7of an edible cannabinoid product; or | |
| 8315 | + | 256.8 (3) intentionally makes a false material statement to the commissioner. | |
| 8316 | + | 256.9 (b) Notwithstanding section 144.99, subdivision 11, a person who does any of the | |
| 8317 | + | 256.10following on the premises of a registered retailer or another business that sells retail goods | |
| 8318 | + | 256.11to customers is guilty of a gross misdemeanor and may be sentenced to imprisonment for | |
| 8319 | + | 256.12not more than one year or to payment of a fine of not more than $3,000, or both: | |
| 8320 | + | 256.13 (1) sells an edible cannabinoid product knowing that the product does not comply with | |
| 8321 | + | 256.14the limits on the amount or types of cannabinoids that a product may contain; | |
| 8322 | + | 256.15 (2) sells an edible cannabinoid product knowing that the product does not comply with | |
| 8323 | + | 256.16the applicable testing, packaging, or labeling requirements; or | |
| 8324 | + | 256.17 (3) sells an edible cannabinoid product to a person under the age of 21, except that it is | |
| 8325 | + | 256.18an affirmative defense to a charge under this clause if the defendant proves by a | |
| 8326 | + | 256.19preponderance of the evidence that the defendant reasonably and in good faith relied on | |
| 8327 | + | 256.20proof of age as described in subdivision 5c. | |
| 8328 | + | 256.21 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 8329 | + | 256.22Sec. 4. Minnesota Statutes 2022, section 340A.412, subdivision 14, is amended to read: | |
| 8330 | + | 256.23 Subd. 14.Exclusive liquor stores.(a) Except as otherwise provided in this subdivision, | |
| 8331 | + | 256.24an exclusive liquor store may sell only the following items: | |
| 8332 | + | 256.25 (1) alcoholic beverages; | |
| 8333 | + | 256.26 (2) tobacco products; | |
| 8334 | + | 256.27 (3) ice; | |
| 8335 | + | 256.28 (4) beverages, either liquid or powder, specifically designated for mixing with intoxicating | |
| 8336 | + | 256.29liquor; | |
| 8337 | + | 256.30 (5) soft drinks; | |
| 8338 | + | 256Article 7 Sec. 4. | |
| 8339 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 257.1 (6) liqueur-filled candies; | |
| 8340 | + | 257.2 (7) food products that contain more than one-half of one percent alcohol by volume; | |
| 8341 | + | 257.3 (8) cork extraction devices; | |
| 8342 | + | 257.4 (9) books and videos on the use of alcoholic beverages; | |
| 8343 | + | 257.5 (10) magazines and other publications published primarily for information and education | |
| 8344 | + | 257.6on alcoholic beverages; | |
| 8345 | + | 257.7 (11) multiple-use bags designed to carry purchased items; | |
| 8346 | + | 257.8 (12) devices designed to ensure safe storage and monitoring of alcohol in the home, to | |
| 8347 | + | 257.9prevent access by underage drinkers; | |
| 8348 | + | 257.10 (13) home brewing equipment; | |
| 8349 | + | 257.11 (14) clothing marked with the specific name, brand, or identifying logo of the exclusive | |
| 8350 | + | 257.12liquor store, and bearing no other name, brand, or identifying logo; | |
| 8351 | + | 257.13 (15) citrus fruit; and | |
| 8352 | + | 257.14 (16) glassware.; and | |
| 8353 | + | 257.15 (17) edible cannabinoid products as defined in section 151.72, subdivision 1, paragraph | |
| 8354 | + | 257.16(f). | |
| 8355 | + | 257.17 (b) An exclusive liquor store that has an on-sale, or combination on-sale and off-sale | |
| 8356 | + | 257.18license may sell food for on-premise consumption when authorized by the municipality | |
| 8357 | + | 257.19issuing the license. | |
| 8358 | + | 257.20 (c) An exclusive liquor store may offer live or recorded entertainment. | |
| 8359 | + | 257.21 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 8360 | + | 257.22Sec. 5. EDIBLE CANNABINOID PRODUCTS; ENFORCEMENT . | |
| 8361 | + | 257.23 (a) The Department of Health shall enforce the provisions of Minnesota Statutes, section | |
| 8362 | + | 257.24151.72, and all rules, orders, stipulation agreements, settlements, compliance agreements, | |
| 8363 | + | 257.25and registrations related to that section adopted or issued by the Office of Medical Cannabis | |
| 8364 | + | 257.26or the Department of Health pursuant to the Health Enforcement Consolidation Act of 1993 | |
| 8365 | + | 257.27contained in Minnesota Statutes, sections 144.989 to 144.993. The commissioner of health | |
| 8366 | + | 257.28may assign enforcement responsibilities to the Office of Medical Cannabis. | |
| 8367 | + | 257.29 (b) The enforcement authority under paragraph (a) shall transfer to the Office of Cannabis | |
| 8368 | + | 257.30Management at any such time that the powers and duties of the Department of Health, with | |
| 8369 | + | 257Article 7 Sec. 5. | |
| 8370 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 258.1respect to the medical cannabis program under Minnesota Statutes 2022, sections 152.22 | |
| 8371 | + | 258.2to 152.37, are transferred to the Office of Cannabis Management. The director of the Office | |
| 8372 | + | 258.3of Cannabis Management may assign enforcement responsibilities to the Division of Medical | |
| 8373 | + | 258.4Cannabis. | |
| 8374 | + | 258.5 (c) This section shall expire on July 1, 2024. | |
| 8375 | + | 258.6 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 8376 | + | 258.7Sec. 6. REPEALER. | |
| 8377 | + | 258.8 Minnesota Statutes 2022, section 151.72, is repealed. | |
| 8378 | + | 258.9 EFFECTIVE DATE.This section is effective July 1, 2024. | |
| 8379 | + | 258.10 ARTICLE 8 | |
| 8380 | + | 258.11 SCHEDULING OF MARIJUANA | |
| 8381 | + | 258.12Section 1. Minnesota Statutes 2022, section 152.02, subdivision 2, is amended to read: | |
| 8382 | + | 258.13 Subd. 2.Schedule I.(a) Schedule I consists of the substances listed in this subdivision. | |
| 8383 | + | 258.14 (b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the | |
| 8384 | + | 258.15following substances, including their analogs, isomers, esters, ethers, salts, and salts of | |
| 8385 | + | 258.16isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, ethers, | |
| 8386 | + | 258.17and salts is possible: | |
| 8387 | + | 258.18 (1) acetylmethadol; | |
| 8388 | + | 258.19 (2) allylprodine; | |
| 8389 | + | 258.20 (3) alphacetylmethadol (except levo-alphacetylmethadol, also known as levomethadyl | |
| 8390 | + | 258.21acetate); | |
| 8391 | + | 258.22 (4) alphameprodine; | |
| 8392 | + | 258.23 (5) alphamethadol; | |
| 8393 | + | 258.24 (6) alpha-methylfentanyl benzethidine; | |
| 8394 | + | 258.25 (7) betacetylmethadol; | |
| 8395 | + | 258.26 (8) betameprodine; | |
| 8396 | + | 258.27 (9) betamethadol; | |
| 8397 | + | 258.28 (10) betaprodine; | |
| 8398 | + | 258Article 8 Section 1. | |
| 8399 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 259.1 (11) clonitazene; | |
| 8400 | + | 259.2 (12) dextromoramide; | |
| 8401 | + | 259.3 (13) diampromide; | |
| 8402 | + | 259.4 (14) diethyliambutene; | |
| 8403 | + | 259.5 (15) difenoxin; | |
| 8404 | + | 259.6 (16) dimenoxadol; | |
| 8405 | + | 259.7 (17) dimepheptanol; | |
| 8406 | + | 259.8 (18) dimethyliambutene; | |
| 8407 | + | 259.9 (19) dioxaphetyl butyrate; | |
| 8408 | + | 259.10 (20) dipipanone; | |
| 8409 | + | 259.11 (21) ethylmethylthiambutene; | |
| 8410 | + | 259.12 (22) etonitazene; | |
| 8411 | + | 259.13 (23) etoxeridine; | |
| 8412 | + | 259.14 (24) furethidine; | |
| 8413 | + | 259.15 (25) hydroxypethidine; | |
| 8414 | + | 259.16 (26) ketobemidone; | |
| 8415 | + | 259.17 (27) levomoramide; | |
| 8416 | + | 259.18 (28) levophenacylmorphan; | |
| 8417 | + | 259.19 (29) 3-methylfentanyl; | |
| 8418 | + | 259.20 (30) acetyl-alpha-methylfentanyl; | |
| 8419 | + | 259.21 (31) alpha-methylthiofentanyl; | |
| 8420 | + | 259.22 (32) benzylfentanyl beta-hydroxyfentanyl; | |
| 8421 | + | 259.23 (33) beta-hydroxy-3-methylfentanyl; | |
| 8422 | + | 259.24 (34) 3-methylthiofentanyl; | |
| 8423 | + | 259.25 (35) thenylfentanyl; | |
| 8424 | + | 259.26 (36) thiofentanyl; | |
| 8425 | + | 259.27 (37) para-fluorofentanyl; | |
| 8426 | + | 259Article 8 Section 1. | |
| 8427 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 260.1 (38) morpheridine; | |
| 8428 | + | 260.2 (39) 1-methyl-4-phenyl-4-propionoxypiperidine; | |
| 8429 | + | 260.3 (40) noracymethadol; | |
| 8430 | + | 260.4 (41) norlevorphanol; | |
| 8431 | + | 260.5 (42) normethadone; | |
| 8432 | + | 260.6 (43) norpipanone; | |
| 8433 | + | 260.7 (44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP); | |
| 8434 | + | 260.8 (45) phenadoxone; | |
| 8435 | + | 260.9 (46) phenampromide; | |
| 8436 | + | 260.10 (47) phenomorphan; | |
| 8437 | + | 260.11 (48) phenoperidine; | |
| 8438 | + | 260.12 (49) piritramide; | |
| 8439 | + | 260.13 (50) proheptazine; | |
| 8440 | + | 260.14 (51) properidine; | |
| 8441 | + | 260.15 (52) propiram; | |
| 8442 | + | 260.16 (53) racemoramide; | |
| 8443 | + | 260.17 (54) tilidine; | |
| 8444 | + | 260.18 (55) trimeperidine; | |
| 8445 | + | 260.19 (56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl); | |
| 8446 | + | 260.20 (57) 3,4-dichloro-N-[(1R,2R)-2-(dimethylamino)cyclohexyl]-N- | |
| 8447 | + | 260.21methylbenzamide(U47700); | |
| 8448 | + | 260.22 (58) N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide(furanylfentanyl); | |
| 8449 | + | 260.23 (59) 4-(4-bromophenyl)-4-dimethylamino-1-phenethylcyclohexanol (bromadol); | |
| 8450 | + | 260.24 (60) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (Cyclopropryl | |
| 8451 | + | 260.25fentanyl); | |
| 8452 | + | 260.26 (61) N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide) (butyryl fentanyl); | |
| 8453 | + | 260.27 (62) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine) (MT-45); | |
| 8454 | + | 260Article 8 Section 1. | |
| 8455 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 261.1 (63) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (cyclopentyl | |
| 8456 | + | 261.2fentanyl); | |
| 8457 | + | 261.3 (64) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl fentanyl); | |
| 8458 | + | 261.4 (65) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl fentanyl); | |
| 8459 | + | 261.5 (66) N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide | |
| 8460 | + | 261.6(para-chloroisobutyryl fentanyl); | |
| 8461 | + | 261.7 (67) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (para-fluorobutyryl | |
| 8462 | + | 261.8fentanyl); | |
| 8463 | + | 261.9 (68) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide | |
| 8464 | + | 261.10(para-methoxybutyryl fentanyl); | |
| 8465 | + | 261.11 (69) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide (ocfentanil); | |
| 8466 | + | 261.12 (70) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (4-fluoroisobutyryl | |
| 8467 | + | 261.13fentanyl or para-fluoroisobutyryl fentanyl); | |
| 8468 | + | 261.14 (71) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (acryl fentanyl or | |
| 8469 | + | 261.15acryloylfentanyl); | |
| 8470 | + | 261.16 (72) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (methoxyacetyl | |
| 8471 | + | 261.17fentanyl); | |
| 8472 | + | 261.18 (73) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (ortho-fluorofentanyl | |
| 8473 | + | 261.19or 2-fluorofentanyl); | |
| 8474 | + | 261.20 (74) N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide | |
| 8475 | + | 261.21(tetrahydrofuranyl fentanyl); and | |
| 8476 | + | 261.22 (75) Fentanyl-related substances, their isomers, esters, ethers, salts and salts of isomers, | |
| 8477 | + | 261.23esters and ethers, meaning any substance not otherwise listed under another federal | |
| 8478 | + | 261.24Administration Controlled Substance Code Number or not otherwise listed in this section, | |
| 8479 | + | 261.25and for which no exemption or approval is in effect under section 505 of the Federal Food, | |
| 8480 | + | 261.26Drug, and Cosmetic Act, United States Code , title 21, section 355, that is structurally related | |
| 8481 | + | 261.27to fentanyl by one or more of the following modifications: | |
| 8482 | + | 261.28 (i) replacement of the phenyl portion of the phenethyl group by any monocycle, whether | |
| 8483 | + | 261.29or not further substituted in or on the monocycle; | |
| 8484 | + | 261.30 (ii) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, | |
| 8485 | + | 261.31haloalkyl, amino, or nitro groups; | |
| 8486 | + | 261Article 8 Section 1. | |
| 8487 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 262.1 (iii) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, | |
| 8488 | + | 262.2hydroxyl, halo, haloalkyl, amino, or nitro groups; | |
| 8489 | + | 262.3 (iv) replacement of the aniline ring with any aromatic monocycle whether or not further | |
| 8490 | + | 262.4substituted in or on the aromatic monocycle; or | |
| 8491 | + | 262.5 (v) replacement of the N-propionyl group by another acyl group. | |
| 8492 | + | 262.6 (c) Opium derivatives. Any of the following substances, their analogs, salts, isomers, | |
| 8493 | + | 262.7and salts of isomers, unless specifically excepted or unless listed in another schedule, | |
| 8494 | + | 262.8whenever the existence of the analogs, salts, isomers, and salts of isomers is possible: | |
| 8495 | + | 262.9 (1) acetorphine; | |
| 8496 | + | 262.10 (2) acetyldihydrocodeine; | |
| 8497 | + | 262.11 (3) benzylmorphine; | |
| 8498 | + | 262.12 (4) codeine methylbromide; | |
| 8499 | + | 262.13 (5) codeine-n-oxide; | |
| 8500 | + | 262.14 (6) cyprenorphine; | |
| 8501 | + | 262.15 (7) desomorphine; | |
| 8502 | + | 262.16 (8) dihydromorphine; | |
| 8503 | + | 262.17 (9) drotebanol; | |
| 8504 | + | 262.18 (10) etorphine; | |
| 8505 | + | 262.19 (11) heroin; | |
| 8506 | + | 262.20 (12) hydromorphinol; | |
| 8507 | + | 262.21 (13) methyldesorphine; | |
| 8508 | + | 262.22 (14) methyldihydromorphine; | |
| 8509 | + | 262.23 (15) morphine methylbromide; | |
| 8510 | + | 262.24 (16) morphine methylsulfonate; | |
| 8511 | + | 262.25 (17) morphine-n-oxide; | |
| 8512 | + | 262.26 (18) myrophine; | |
| 8513 | + | 262.27 (19) nicocodeine; | |
| 8514 | + | 262.28 (20) nicomorphine; | |
| 8515 | + | 262Article 8 Section 1. | |
| 8516 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 263.1 (21) normorphine; | |
| 8517 | + | 263.2 (22) pholcodine; and | |
| 8518 | + | 263.3 (23) thebacon. | |
| 8519 | + | 263.4 (d) Hallucinogens. Any material, compound, mixture or preparation which contains any | |
| 8520 | + | 263.5quantity of the following substances, their analogs, salts, isomers (whether optical, positional, | |
| 8521 | + | 263.6or geometric), and salts of isomers, unless specifically excepted or unless listed in another | |
| 8522 | + | 263.7schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is | |
| 8523 | + | 263.8possible: | |
| 8524 | + | 263.9 (1) methylenedioxy amphetamine; | |
| 8525 | + | 263.10 (2) methylenedioxymethamphetamine; | |
| 8526 | + | 263.11 (3) methylenedioxy-N-ethylamphetamine (MDEA); | |
| 8527 | + | 263.12 (4) n-hydroxy-methylenedioxyamphetamine; | |
| 8528 | + | 263.13 (5) 4-bromo-2,5-dimethoxyamphetamine (DOB); | |
| 8529 | + | 263.14 (6) 2,5-dimethoxyamphetamine (2,5-DMA); | |
| 8530 | + | 263.15 (7) 4-methoxyamphetamine; | |
| 8531 | + | 263.16 (8) 5-methoxy-3, 4-methylenedioxyamphetamine; | |
| 8532 | + | 263.17 (9) alpha-ethyltryptamine; | |
| 8533 | + | 263.18 (10) bufotenine; | |
| 8534 | + | 263.19 (11) diethyltryptamine; | |
| 8535 | + | 263.20 (12) dimethyltryptamine; | |
| 8536 | + | 263.21 (13) 3,4,5-trimethoxyamphetamine; | |
| 8537 | + | 263.22 (14) 4-methyl-2, 5-dimethoxyamphetamine (DOM); | |
| 8538 | + | 263.23 (15) ibogaine; | |
| 8539 | + | 263.24 (16) lysergic acid diethylamide (LSD); | |
| 8540 | + | 263.25 (17) mescaline; | |
| 8541 | + | 263.26 (18) parahexyl; | |
| 8542 | + | 263.27 (19) N-ethyl-3-piperidyl benzilate; | |
| 8543 | + | 263.28 (20) N-methyl-3-piperidyl benzilate; | |
| 8533 | 8544 | 263Article 8 Section 1. | |
| 8534 | - | S0073- | |
| 8535 | - | 264.2 ( | |
| 8536 | - | 264.3 ( | |
| 8537 | - | 264.4 ( | |
| 8538 | - | 264.5 ( | |
| 8539 | - | 264.6 ( | |
| 8540 | - | 264.7 ( | |
| 8541 | - | 264.8 ( | |
| 8542 | - | 264.9 ( | |
| 8543 | - | 264.10 ( | |
| 8544 | - | 264.11 ( | |
| 8545 | - | 264.12 ( | |
| 8546 | - | 264.13 ( | |
| 8547 | - | 264.14 ( | |
| 8548 | - | 264.15 ( | |
| 8549 | - | 264.16 ( | |
| 8550 | - | 264.17 ( | |
| 8551 | - | 264.18 ( | |
| 8552 | - | 264.19 | |
| 8553 | - | 264.20 ( | |
| 8554 | - | 264.21 ( | |
| 8555 | - | 264.22 ( | |
| 8556 | - | 264.23 ( | |
| 8557 | - | 264.24 ( | |
| 8558 | - | 264.25 ( | |
| 8559 | - | 264.26 ( | |
| 8560 | - | 264.27 ( | |
| 8545 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 264.1 (21) psilocybin; | |
| 8546 | + | 264.2 (22) psilocyn; | |
| 8547 | + | 264.3 (23) tenocyclidine (TPCP or TCP); | |
| 8548 | + | 264.4 (24) N-ethyl-1-phenyl-cyclohexylamine (PCE); | |
| 8549 | + | 264.5 (25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy); | |
| 8550 | + | 264.6 (26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy); | |
| 8551 | + | 264.7 (27) 4-chloro-2,5-dimethoxyamphetamine (DOC); | |
| 8552 | + | 264.8 (28) 4-ethyl-2,5-dimethoxyamphetamine (DOET); | |
| 8553 | + | 264.9 (29) 4-iodo-2,5-dimethoxyamphetamine (DOI); | |
| 8554 | + | 264.10 (30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B); | |
| 8555 | + | 264.11 (31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C); | |
| 8556 | + | 264.12 (32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D); | |
| 8557 | + | 264.13 (33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E); | |
| 8558 | + | 264.14 (34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I); | |
| 8559 | + | 264.15 (35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P); | |
| 8560 | + | 264.16 (36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4); | |
| 8561 | + | 264.17 (37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7); | |
| 8562 | + | 264.18 (38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine | |
| 8563 | + | 264.19(2-CB-FLY); | |
| 8564 | + | 264.20 (39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY); | |
| 8565 | + | 264.21 (40) alpha-methyltryptamine (AMT); | |
| 8566 | + | 264.22 (41) N,N-diisopropyltryptamine (DiPT); | |
| 8567 | + | 264.23 (42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT); | |
| 8568 | + | 264.24 (43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET); | |
| 8569 | + | 264.25 (44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT); | |
| 8570 | + | 264.26 (45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT); | |
| 8571 | + | 264.27 (46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT); | |
| 8561 | 8572 | 264Article 8 Section 1. | |
| 8562 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 265.1 (40) noracymethadol; | |
| 8563 | - | 265.2 (41) norlevorphanol; | |
| 8564 | - | 265.3 (42) normethadone; | |
| 8565 | - | 265.4 (43) norpipanone; | |
| 8566 | - | 265.5 (44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP); | |
| 8567 | - | 265.6 (45) phenadoxone; | |
| 8568 | - | 265.7 (46) phenampromide; | |
| 8569 | - | 265.8 (47) phenomorphan; | |
| 8570 | - | 265.9 (48) phenoperidine; | |
| 8571 | - | 265.10 (49) piritramide; | |
| 8572 | - | 265.11 (50) proheptazine; | |
| 8573 | - | 265.12 (51) properidine; | |
| 8574 | - | 265.13 (52) propiram; | |
| 8575 | - | 265.14 (53) racemoramide; | |
| 8576 | - | 265.15 (54) tilidine; | |
| 8577 | - | 265.16 (55) trimeperidine; | |
| 8578 | - | 265.17 (56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl); | |
| 8579 | - | 265.18 (57) 3,4-dichloro-N-[(1R,2R)-2-(dimethylamino)cyclohexyl]-N- | |
| 8580 | - | 265.19methylbenzamide(U47700); | |
| 8581 | - | 265.20 (58) N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide(furanylfentanyl); | |
| 8582 | - | 265.21 (59) 4-(4-bromophenyl)-4-dimethylamino-1-phenethylcyclohexanol (bromadol); | |
| 8583 | - | 265.22 (60) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (Cyclopropryl | |
| 8584 | - | 265.23fentanyl); | |
| 8585 | - | 265.24 (61) N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide) (butyryl fentanyl); | |
| 8586 | - | 265.25 (62) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine) (MT-45); | |
| 8587 | - | 265.26 (63) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (cyclopentyl | |
| 8588 | - | 265.27fentanyl); | |
| 8589 | - | 265.28 (64) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl fentanyl); | |
| 8573 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 265.1 (47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT); | |
| 8574 | + | 265.2 (48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT); | |
| 8575 | + | 265.3 (49) 5-methoxy-α-methyltryptamine (5-MeO-AMT); | |
| 8576 | + | 265.4 (50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT); | |
| 8577 | + | 265.5 (51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT); | |
| 8578 | + | 265.6 (52) 5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT); | |
| 8579 | + | 265.7 (53) 5-methoxy-α-ethyltryptamine (5-MeO-AET); | |
| 8580 | + | 265.8 (54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT); | |
| 8581 | + | 265.9 (55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET); | |
| 8582 | + | 265.10 (56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT); | |
| 8583 | + | 265.11 (57) methoxetamine (MXE); | |
| 8584 | + | 265.12 (58) 5-iodo-2-aminoindane (5-IAI); | |
| 8585 | + | 265.13 (59) 5,6-methylenedioxy-2-aminoindane (MDAI); | |
| 8586 | + | 265.14 (60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe); | |
| 8587 | + | 265.15 (61) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe); | |
| 8588 | + | 265.16 (62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe); | |
| 8589 | + | 265.17 (63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H); | |
| 8590 | + | 265.18 (64) 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2); | |
| 8591 | + | 265.19 (65) N,N-Dipropyltryptamine (DPT); | |
| 8592 | + | 265.20 (66) 3-[1-(Piperidin-1-yl)cyclohexyl]phenol (3-HO-PCP); | |
| 8593 | + | 265.21 (67) N-ethyl-1-(3-methoxyphenyl)cyclohexanamine (3-MeO-PCE); | |
| 8594 | + | 265.22 (68) 4-[1-(3-methoxyphenyl)cyclohexyl]morpholine (3-MeO-PCMo); | |
| 8595 | + | 265.23 (69) 1-[1-(4-methoxyphenyl)cyclohexyl]-piperidine (methoxydine, 4-MeO-PCP); | |
| 8596 | + | 265.24 (70) 2-(2-Chlorophenyl)-2-(ethylamino)cyclohexan-1-one (N-Ethylnorketamine, | |
| 8597 | + | 265.25ethketamine, NENK); | |
| 8598 | + | 265.26 (71) methylenedioxy-N,N-dimethylamphetamine (MDDMA); | |
| 8599 | + | 265.27 (72) 3-(2-Ethyl(methyl)aminoethyl)-1H-indol-4-yl (4-AcO-MET); and | |
| 8590 | 8600 | 265Article 8 Section 1. | |
| 8591 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 266.1 (65) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl fentanyl); | |
| 8592 | - | 266.2 (66) N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide | |
| 8593 | - | 266.3(para-chloroisobutyryl fentanyl); | |
| 8594 | - | 266.4 (67) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (para-fluorobutyryl | |
| 8595 | - | 266.5fentanyl); | |
| 8596 | - | 266.6 (68) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide | |
| 8597 | - | 266.7(para-methoxybutyryl fentanyl); | |
| 8598 | - | 266.8 (69) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide (ocfentanil); | |
| 8599 | - | 266.9 (70) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (4-fluoroisobutyryl | |
| 8600 | - | 266.10fentanyl or para-fluoroisobutyryl fentanyl); | |
| 8601 | - | 266.11 (71) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (acryl fentanyl or | |
| 8602 | - | 266.12acryloylfentanyl); | |
| 8603 | - | 266.13 (72) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (methoxyacetyl | |
| 8604 | - | 266.14fentanyl); | |
| 8605 | - | 266.15 (73) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (ortho-fluorofentanyl | |
| 8606 | - | 266.16or 2-fluorofentanyl); | |
| 8607 | - | 266.17 (74) N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide | |
| 8608 | - | 266.18(tetrahydrofuranyl fentanyl); and | |
| 8609 | - | 266.19 (75) Fentanyl-related substances, their isomers, esters, ethers, salts and salts of isomers, | |
| 8610 | - | 266.20esters and ethers, meaning any substance not otherwise listed under another federal | |
| 8611 | - | 266.21Administration Controlled Substance Code Number or not otherwise listed in this section, | |
| 8612 | - | 266.22and for which no exemption or approval is in effect under section 505 of the Federal Food, | |
| 8613 | - | 266.23Drug, and Cosmetic Act, United States Code , title 21, section 355, that is structurally related | |
| 8614 | - | 266.24to fentanyl by one or more of the following modifications: | |
| 8615 | - | 266.25 (i) replacement of the phenyl portion of the phenethyl group by any monocycle, whether | |
| 8616 | - | 266.26or not further substituted in or on the monocycle; | |
| 8617 | - | 266.27 (ii) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, | |
| 8618 | - | 266.28haloalkyl, amino, or nitro groups; | |
| 8619 | - | 266.29 (iii) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, | |
| 8620 | - | 266.30hydroxyl, halo, haloalkyl, amino, or nitro groups; | |
| 8601 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 266.1 (73) 2-Phenyl-2-(methylamino)cyclohexanone (deschloroketamine). | |
| 8602 | + | 266.2 (e) Peyote. All parts of the plant presently classified botanically as Lophophora williamsii | |
| 8603 | + | 266.3Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant, | |
| 8604 | + | 266.4and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, | |
| 8605 | + | 266.5its seeds or extracts. The listing of peyote as a controlled substance in Schedule I does not | |
| 8606 | + | 266.6apply to the nondrug use of peyote in bona fide religious ceremonies of the American Indian | |
| 8607 | + | 266.7Church, and members of the American Indian Church are exempt from registration. Any | |
| 8608 | + | 266.8person who manufactures peyote for or distributes peyote to the American Indian Church, | |
| 8609 | + | 266.9however, is required to obtain federal registration annually and to comply with all other | |
| 8610 | + | 266.10requirements of law. | |
| 8611 | + | 266.11 (f) Central nervous system depressants. Unless specifically excepted or unless listed in | |
| 8612 | + | 266.12another schedule, any material compound, mixture, or preparation which contains any | |
| 8613 | + | 266.13quantity of the following substances, their analogs, salts, isomers, and salts of isomers | |
| 8614 | + | 266.14whenever the existence of the analogs, salts, isomers, and salts of isomers is possible: | |
| 8615 | + | 266.15 (1) mecloqualone; | |
| 8616 | + | 266.16 (2) methaqualone; | |
| 8617 | + | 266.17 (3) gamma-hydroxybutyric acid (GHB), including its esters and ethers; | |
| 8618 | + | 266.18 (4) flunitrazepam; | |
| 8619 | + | 266.19 (5) 2-(2-Methoxyphenyl)-2-(methylamino)cyclohexanone (2-MeO-2-deschloroketamine, | |
| 8620 | + | 266.20methoxyketamine); | |
| 8621 | + | 266.21 (6) tianeptine; | |
| 8622 | + | 266.22 (7) clonazolam; | |
| 8623 | + | 266.23 (8) etizolam; | |
| 8624 | + | 266.24 (9) flubromazolam; and | |
| 8625 | + | 266.25 (10) flubromazepam. | |
| 8626 | + | 266.26 (g) Stimulants. Unless specifically excepted or unless listed in another schedule, any | |
| 8627 | + | 266.27material compound, mixture, or preparation which contains any quantity of the following | |
| 8628 | + | 266.28substances, their analogs, salts, isomers, and salts of isomers whenever the existence of the | |
| 8629 | + | 266.29analogs, salts, isomers, and salts of isomers is possible: | |
| 8630 | + | 266.30 (1) aminorex; | |
| 8631 | + | 266.31 (2) cathinone; | |
| 8621 | 8632 | 266Article 8 Section 1. | |
| 8622 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 267.1 (iv) replacement of the aniline ring with any aromatic monocycle whether or not further | |
| 8623 | - | 267.2substituted in or on the aromatic monocycle; or | |
| 8624 | - | 267.3 (v) replacement of the N-propionyl group by another acyl group. | |
| 8625 | - | 267.4 (c) Opium derivatives. Any of the following substances, their analogs, salts, isomers, | |
| 8626 | - | 267.5and salts of isomers, unless specifically excepted or unless listed in another schedule, | |
| 8627 | - | 267.6whenever the existence of the analogs, salts, isomers, and salts of isomers is possible: | |
| 8628 | - | 267.7 (1) acetorphine; | |
| 8629 | - | 267.8 (2) acetyldihydrocodeine; | |
| 8630 | - | 267.9 (3) benzylmorphine; | |
| 8631 | - | 267.10 (4) codeine methylbromide; | |
| 8632 | - | 267.11 (5) codeine-n-oxide; | |
| 8633 | - | 267.12 (6) cyprenorphine; | |
| 8634 | - | 267.13 (7) desomorphine; | |
| 8635 | - | 267.14 (8) dihydromorphine; | |
| 8636 | - | 267.15 (9) drotebanol; | |
| 8637 | - | 267.16 (10) etorphine; | |
| 8638 | - | 267.17 (11) heroin; | |
| 8639 | - | 267.18 (12) hydromorphinol; | |
| 8640 | - | 267.19 (13) methyldesorphine; | |
| 8641 | - | 267.20 (14) methyldihydromorphine; | |
| 8642 | - | 267.21 (15) morphine methylbromide; | |
| 8643 | - | 267.22 (16) morphine methylsulfonate; | |
| 8644 | - | 267.23 (17) morphine-n-oxide; | |
| 8645 | - | 267.24 (18) myrophine; | |
| 8646 | - | 267.25 (19) nicocodeine; | |
| 8647 | - | 267.26 (20) nicomorphine; | |
| 8648 | - | 267.27 (21) normorphine; | |
| 8649 | - | 267.28 (22) pholcodine; and | |
| 8633 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 267.1 (3) fenethylline; | |
| 8634 | + | 267.2 (4) methcathinone; | |
| 8635 | + | 267.3 (5) methylaminorex; | |
| 8636 | + | 267.4 (6) N,N-dimethylamphetamine; | |
| 8637 | + | 267.5 (7) N-benzylpiperazine (BZP); | |
| 8638 | + | 267.6 (8) methylmethcathinone (mephedrone); | |
| 8639 | + | 267.7 (9) 3,4-methylenedioxy-N-methylcathinone (methylone); | |
| 8640 | + | 267.8 (10) methoxymethcathinone (methedrone); | |
| 8641 | + | 267.9 (11) methylenedioxypyrovalerone (MDPV); | |
| 8642 | + | 267.10 (12) 3-fluoro-N-methylcathinone (3-FMC); | |
| 8643 | + | 267.11 (13) methylethcathinone (MEC); | |
| 8644 | + | 267.12 (14) 1-benzofuran-6-ylpropan-2-amine (6-APB); | |
| 8645 | + | 267.13 (15) dimethylmethcathinone (DMMC); | |
| 8646 | + | 267.14 (16) fluoroamphetamine; | |
| 8647 | + | 267.15 (17) fluoromethamphetamine; | |
| 8648 | + | 267.16 (18) α-methylaminobutyrophenone (MABP or buphedrone); | |
| 8649 | + | 267.17 (19) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone); | |
| 8650 | + | 267.18 (20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378); | |
| 8651 | + | 267.19 (21) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) pentan-1-one (naphthylpyrovalerone or | |
| 8652 | + | 267.20naphyrone); | |
| 8653 | + | 267.21 (22) (alpha-pyrrolidinopentiophenone (alpha-PVP); | |
| 8654 | + | 267.22 (23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or MPHP); | |
| 8655 | + | 267.23 (24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP); | |
| 8656 | + | 267.24 (25) 4-methyl-N-ethylcathinone (4-MEC); | |
| 8657 | + | 267.25 (26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP); | |
| 8658 | + | 267.26 (27) 2-(methylamino)-1-phenylpentan-1-one (pentedrone); | |
| 8659 | + | 267.27 (28) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone); | |
| 8650 | 8660 | 267Article 8 Section 1. | |
| 8651 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 268.1 (23) thebacon. | |
| 8652 | - | 268.2 (d) Hallucinogens. Any material, compound, mixture or preparation which contains any | |
| 8653 | - | 268.3quantity of the following substances, their analogs, salts, isomers (whether optical, positional, | |
| 8654 | - | 268.4or geometric), and salts of isomers, unless specifically excepted or unless listed in another | |
| 8655 | - | 268.5schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is | |
| 8656 | - | 268.6possible: | |
| 8657 | - | 268.7 (1) methylenedioxy amphetamine; | |
| 8658 | - | 268.8 (2) methylenedioxymethamphetamine; | |
| 8659 | - | 268.9 (3) methylenedioxy-N-ethylamphetamine (MDEA); | |
| 8660 | - | 268.10 (4) n-hydroxy-methylenedioxyamphetamine; | |
| 8661 | - | 268.11 (5) 4-bromo-2,5-dimethoxyamphetamine (DOB); | |
| 8662 | - | 268.12 (6) 2,5-dimethoxyamphetamine (2,5-DMA); | |
| 8663 | - | 268.13 (7) 4-methoxyamphetamine; | |
| 8664 | - | 268.14 (8) 5-methoxy-3, 4-methylenedioxyamphetamine; | |
| 8665 | - | 268.15 (9) alpha-ethyltryptamine; | |
| 8666 | - | 268.16 (10) bufotenine; | |
| 8667 | - | 268.17 (11) diethyltryptamine; | |
| 8668 | - | 268.18 (12) dimethyltryptamine; | |
| 8669 | - | 268.19 (13) 3,4,5-trimethoxyamphetamine; | |
| 8670 | - | 268.20 (14) 4-methyl-2, 5-dimethoxyamphetamine (DOM); | |
| 8671 | - | 268.21 (15) ibogaine; | |
| 8672 | - | 268.22 (16) lysergic acid diethylamide (LSD); | |
| 8673 | - | 268.23 (17) mescaline; | |
| 8674 | - | 268.24 (18) parahexyl; | |
| 8675 | - | 268.25 (19) N-ethyl-3-piperidyl benzilate; | |
| 8676 | - | 268.26 (20) N-methyl-3-piperidyl benzilate; | |
| 8677 | - | 268.27 (21) psilocybin; | |
| 8678 | - | 268.28 (22) psilocyn; | |
| 8661 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 268.1 (29) 4-fluoro-N-methylcathinone (4-FMC); | |
| 8662 | + | 268.2 (30) 3,4-methylenedioxy-N-ethylcathinone (ethylone); | |
| 8663 | + | 268.3 (31) alpha-pyrrolidinobutiophenone (α-PBP); | |
| 8664 | + | 268.4 (32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB); | |
| 8665 | + | 268.5 (33) 1-phenyl-2-(1-pyrrolidinyl)-1-heptanone (PV8); | |
| 8666 | + | 268.6 (34) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB); | |
| 8667 | + | 268.7 (35) 4-methyl-alpha-ethylaminopentiophenone (4-MEAPP); | |
| 8668 | + | 268.8 (36) 4'-chloro-alpha-pyrrolidinopropiophenone (4'-chloro-PPP); | |
| 8669 | + | 268.9 (37) 1-(1,3-Benzodioxol-5-yl)-2-(dimethylamino)butan-1-one (dibutylone, bk-DMBDB); | |
| 8670 | + | 268.10 (38) 1-(3-chlorophenyl) piperazine (meta-chlorophenylpiperazine or mCPP); | |
| 8671 | + | 268.11 (39) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-pentan-1-one (N-ethylpentylone, ephylone); | |
| 8672 | + | 268.12and | |
| 8673 | + | 268.13 (40) any other substance, except bupropion or compounds listed under a different | |
| 8674 | + | 268.14schedule, that is structurally derived from 2-aminopropan-1-one by substitution at the | |
| 8675 | + | 268.151-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the | |
| 8676 | + | 268.16compound is further modified in any of the following ways: | |
| 8677 | + | 268.17 (i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, | |
| 8678 | + | 268.18haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring | |
| 8679 | + | 268.19system by one or more other univalent substituents; | |
| 8680 | + | 268.20 (ii) by substitution at the 3-position with an acyclic alkyl substituent; | |
| 8681 | + | 268.21 (iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or | |
| 8682 | + | 268.22methoxybenzyl groups; or | |
| 8683 | + | 268.23 (iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure. | |
| 8684 | + | 268.24 (h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically | |
| 8685 | + | 268.25excepted or unless listed in another schedule, any natural or synthetic material, compound, | |
| 8686 | + | 268.26mixture, or preparation that contains any quantity of the following substances, their analogs, | |
| 8687 | + | 268.27isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence | |
| 8688 | + | 268.28of the isomers, esters, ethers, or salts is possible: | |
| 8689 | + | 268.29 (1) marijuana; | |
| 8679 | 8690 | 268Article 8 Section 1. | |
| 8680 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 269.1 (23) tenocyclidine (TPCP or TCP); | |
| 8681 | - | 269.2 (24) N-ethyl-1-phenyl-cyclohexylamine (PCE); | |
| 8682 | - | 269.3 (25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy); | |
| 8683 | - | 269.4 (26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy); | |
| 8684 | - | 269.5 (27) 4-chloro-2,5-dimethoxyamphetamine (DOC); | |
| 8685 | - | 269.6 (28) 4-ethyl-2,5-dimethoxyamphetamine (DOET); | |
| 8686 | - | 269.7 (29) 4-iodo-2,5-dimethoxyamphetamine (DOI); | |
| 8687 | - | 269.8 (30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B); | |
| 8688 | - | 269.9 (31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C); | |
| 8689 | - | 269.10 (32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D); | |
| 8690 | - | 269.11 (33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E); | |
| 8691 | - | 269.12 (34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I); | |
| 8692 | - | 269.13 (35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P); | |
| 8693 | - | 269.14 (36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4); | |
| 8694 | - | 269.15 (37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7); | |
| 8695 | - | 269.16 (38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine | |
| 8696 | - | 269.17(2-CB-FLY); | |
| 8697 | - | 269.18 (39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY); | |
| 8698 | - | 269.19 (40) alpha-methyltryptamine (AMT); | |
| 8699 | - | 269.20 (41) N,N-diisopropyltryptamine (DiPT); | |
| 8700 | - | 269.21 (42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT); | |
| 8701 | - | 269.22 (43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET); | |
| 8702 | - | 269.23 (44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT); | |
| 8703 | - | 269.24 (45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT); | |
| 8704 | - | 269.25 (46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT); | |
| 8705 | - | 269.26 (47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT); | |
| 8706 | - | 269.27 (48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT); | |
| 8691 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 269.1 (2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, except | |
| 8692 | + | 269.2that tetrahydrocannabinols do not include any material, compound, mixture, or preparation | |
| 8693 | + | 269.3that qualifies as industrial hemp as defined in section 18K.02, subdivision 3; synthetic | |
| 8694 | + | 269.4equivalents of the substances contained in the cannabis plant or in the resinous extractives | |
| 8695 | + | 269.5of the plant; or synthetic substances with similar chemical structure and pharmacological | |
| 8696 | + | 269.6activity to those substances contained in the plant or resinous extract, including, but not | |
| 8697 | + | 269.7limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4 | |
| 8698 | + | 269.8cis or trans tetrahydrocannabinol; | |
| 8699 | + | 269.9 (3) (h) Synthetic Artificial cannabinoids, including the following substances: | |
| 8700 | + | 269.10 (i) (1) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole | |
| 8701 | + | 269.11structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, | |
| 8702 | + | 269.12alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or | |
| 8703 | + | 269.132-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any | |
| 8704 | + | 269.14extent and whether or not substituted in the naphthyl ring to any extent. Examples of | |
| 8705 | + | 269.15naphthoylindoles include, but are not limited to: | |
| 8706 | + | 269.16 (A) (i) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678); | |
| 8707 | + | 269.17 (B) (ii) 1-Butyl-3-(1-naphthoyl)indole (JWH-073); | |
| 8708 | + | 269.18 (C) (iii) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081); | |
| 8709 | + | 269.19 (D) (iv) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); | |
| 8710 | + | 269.20 (E) (v) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015); | |
| 8711 | + | 269.21 (F) (vi) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019); | |
| 8712 | + | 269.22 (G) (vii) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122); | |
| 8713 | + | 269.23 (H) (viii) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210); | |
| 8714 | + | 269.24 (I) (ix) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398); | |
| 8715 | + | 269.25 (J) (x) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201). | |
| 8716 | + | 269.26 (ii) (2) Napthylmethylindoles, which are any compounds containing a | |
| 8717 | + | 269.271H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the | |
| 8718 | + | 269.28indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, | |
| 8719 | + | 269.291-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further | |
| 8720 | + | 269.30substituted in the indole ring to any extent and whether or not substituted in the naphthyl | |
| 8721 | + | 269.31ring to any extent. Examples of naphthylmethylindoles include, but are not limited to: | |
| 8707 | 8722 | 269Article 8 Section 1. | |
| 8708 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 270.1 (49) 5-methoxy-α-methyltryptamine (5-MeO-AMT); | |
| 8709 | - | 270.2 (50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT); | |
| 8710 | - | 270.3 (51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT); | |
| 8711 | - | 270.4 (52) 5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT); | |
| 8712 | - | 270.5 (53) 5-methoxy-α-ethyltryptamine (5-MeO-AET); | |
| 8713 | - | 270.6 (54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT); | |
| 8714 | - | 270.7 (55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET); | |
| 8715 | - | 270.8 (56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT); | |
| 8716 | - | 270.9 (57) methoxetamine (MXE); | |
| 8717 | - | 270.10 (58) 5-iodo-2-aminoindane (5-IAI); | |
| 8718 | - | 270.11 (59) 5,6-methylenedioxy-2-aminoindane (MDAI); | |
| 8719 | - | 270.12 (60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe); | |
| 8720 | - | 270.13 (61) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe); | |
| 8721 | - | 270.14 (62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe); | |
| 8722 | - | 270.15 (63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H); | |
| 8723 | - | 270.16 (64) 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2); | |
| 8724 | - | 270.17 (65) N,N-Dipropyltryptamine (DPT); | |
| 8725 | - | 270.18 (66) 3-[1-(Piperidin-1-yl)cyclohexyl]phenol (3-HO-PCP); | |
| 8726 | - | 270.19 (67) N-ethyl-1-(3-methoxyphenyl)cyclohexanamine (3-MeO-PCE); | |
| 8727 | - | 270.20 (68) 4-[1-(3-methoxyphenyl)cyclohexyl]morpholine (3-MeO-PCMo); | |
| 8728 | - | 270.21 (69) 1-[1-(4-methoxyphenyl)cyclohexyl]-piperidine (methoxydine, 4-MeO-PCP); | |
| 8729 | - | 270.22 (70) 2-(2-Chlorophenyl)-2-(ethylamino)cyclohexan-1-one (N-Ethylnorketamine, | |
| 8730 | - | 270.23ethketamine, NENK); | |
| 8731 | - | 270.24 (71) methylenedioxy-N,N-dimethylamphetamine (MDDMA); | |
| 8732 | - | 270.25 (72) 3-(2-Ethyl(methyl)aminoethyl)-1H-indol-4-yl (4-AcO-MET); and | |
| 8733 | - | 270.26 (73) 2-Phenyl-2-(methylamino)cyclohexanone (deschloroketamine). | |
| 8734 | - | 270.27 (e) Peyote. All parts of the plant presently classified botanically as Lophophora williamsii | |
| 8735 | - | 270.28Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant, | |
| 8723 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 270.1 (A) (i) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175); | |
| 8724 | + | 270.2 (B) (ii) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184). | |
| 8725 | + | 270.3 (iii) (3) Naphthoylpyrroles, which are any compounds containing a 3-(1-naphthoyl)pyrrole | |
| 8726 | + | 270.4structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, | |
| 8727 | + | 270.5alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or | |
| 8728 | + | 270.62-(4-morpholinyl)ethyl group whether or not further substituted in the pyrrole ring to any | |
| 8729 | + | 270.7extent, whether or not substituted in the naphthyl ring to any extent. Examples of | |
| 8730 | + | 270.8naphthoylpyrroles include, but are not limited to, | |
| 8731 | + | 270.9(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307). | |
| 8732 | + | 270.10 (iv) (4) Naphthylmethylindenes, which are any compounds containing a | |
| 8733 | + | 270.11naphthylideneindene structure with substitution at the 3-position of the indene ring by an | |
| 8734 | + | 270.12alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, | |
| 8735 | + | 270.131-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further | |
| 8736 | + | 270.14substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring | |
| 8737 | + | 270.15to any extent. Examples of naphthylemethylindenes include, but are not limited to, | |
| 8738 | + | 270.16E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176). | |
| 8739 | + | 270.17 (v) (5) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole | |
| 8740 | + | 270.18structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, | |
| 8741 | + | 270.19alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or | |
| 8742 | + | 270.202-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any | |
| 8743 | + | 270.21extent, whether or not substituted in the phenyl ring to any extent. Examples of | |
| 8744 | + | 270.22phenylacetylindoles include, but are not limited to: | |
| 8745 | + | 270.23 (A) (i) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8); | |
| 8746 | + | 270.24 (B) (ii) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250); | |
| 8747 | + | 270.25 (C) (iii) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251); | |
| 8748 | + | 270.26 (D) (iv) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203). | |
| 8749 | + | 270.27 (vi) (6) Cyclohexylphenols, which are compounds containing a | |
| 8750 | + | 270.282-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic | |
| 8751 | + | 270.29ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, | |
| 8752 | + | 270.301-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not substituted | |
| 8753 | + | 270.31in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, but are not | |
| 8754 | + | 270.32limited to: | |
| 8755 | + | 270.33 (A) (i) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497); | |
| 8736 | 8756 | 270Article 8 Section 1. | |
| 8737 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 271.1and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, | |
| 8738 | - | 271.2its seeds or extracts. The listing of peyote as a controlled substance in Schedule I does not | |
| 8739 | - | 271.3apply to the nondrug use of peyote in bona fide religious ceremonies of the American Indian | |
| 8740 | - | 271.4Church, and members of the American Indian Church are exempt from registration. Any | |
| 8741 | - | 271.5person who manufactures peyote for or distributes peyote to the American Indian Church, | |
| 8742 | - | 271.6however, is required to obtain federal registration annually and to comply with all other | |
| 8743 | - | 271.7requirements of law. | |
| 8744 | - | 271.8 (f) Central nervous system depressants. Unless specifically excepted or unless listed in | |
| 8745 | - | 271.9another schedule, any material compound, mixture, or preparation which contains any | |
| 8746 | - | 271.10quantity of the following substances, their analogs, salts, isomers, and salts of isomers | |
| 8747 | - | 271.11whenever the existence of the analogs, salts, isomers, and salts of isomers is possible: | |
| 8748 | - | 271.12 (1) mecloqualone; | |
| 8749 | - | 271.13 (2) methaqualone; | |
| 8750 | - | 271.14 (3) gamma-hydroxybutyric acid (GHB), including its esters and ethers; | |
| 8751 | - | 271.15 (4) flunitrazepam; | |
| 8752 | - | 271.16 (5) 2-(2-Methoxyphenyl)-2-(methylamino)cyclohexanone (2-MeO-2-deschloroketamine, | |
| 8753 | - | 271.17methoxyketamine); | |
| 8754 | - | 271.18 (6) tianeptine; | |
| 8755 | - | 271.19 (7) clonazolam; | |
| 8756 | - | 271.20 (8) etizolam; | |
| 8757 | - | 271.21 (9) flubromazolam; and | |
| 8758 | - | 271.22 (10) flubromazepam. | |
| 8759 | - | 271.23 (g) Stimulants. Unless specifically excepted or unless listed in another schedule, any | |
| 8760 | - | 271.24material compound, mixture, or preparation which contains any quantity of the following | |
| 8761 | - | 271.25substances, their analogs, salts, isomers, and salts of isomers whenever the existence of the | |
| 8762 | - | 271.26analogs, salts, isomers, and salts of isomers is possible: | |
| 8763 | - | 271.27 (1) aminorex; | |
| 8764 | - | 271.28 (2) cathinone; | |
| 8765 | - | 271.29 (3) fenethylline; | |
| 8766 | - | 271.30 (4) methcathinone; | |
| 8757 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 271.1 (B) (ii) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol | |
| 8758 | + | 271.2(Cannabicyclohexanol or CP 47,497 C8 homologue); | |
| 8759 | + | 271.3 (C) (iii) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl] | |
| 8760 | + | 271.4-phenol (CP 55,940). | |
| 8761 | + | 271.5 (vii) (7) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole | |
| 8762 | + | 271.6structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, | |
| 8763 | + | 271.7alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or | |
| 8764 | + | 271.82-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any | |
| 8765 | + | 271.9extent and whether or not substituted in the phenyl ring to any extent. Examples of | |
| 8766 | + | 271.10benzoylindoles include, but are not limited to: | |
| 8767 | + | 271.11 (A) (i) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4); | |
| 8768 | + | 271.12 (B) (ii) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694); | |
| 8769 | + | 271.13 (C) (iii) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone | |
| 8770 | + | 271.14(WIN 48,098 or Pravadoline). | |
| 8771 | + | 271.15 (viii) (8) Others specifically named: | |
| 8772 | + | 271.16 (A) (i) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) | |
| 8773 | + | 271.17-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210); | |
| 8774 | + | 271.18 (B) (ii) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) | |
| 8775 | + | 271.19-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211); | |
| 8776 | + | 271.20 (C) (iii) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de] | |
| 8777 | + | 271.21-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2); | |
| 8778 | + | 271.22 (D) (iv) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144); | |
| 8779 | + | 271.23 (E) (v) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone | |
| 8780 | + | 271.24(XLR-11); | |
| 8781 | + | 271.25 (F) (vi) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide | |
| 8782 | + | 271.26(AKB-48(APINACA)); | |
| 8783 | + | 271.27 (G) (vii) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide | |
| 8784 | + | 271.28(5-Fluoro-AKB-48); | |
| 8785 | + | 271.29 (H) (viii) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22); | |
| 8786 | + | 271.30 (I) (ix) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro | |
| 8787 | + | 271.31PB-22); | |
| 8767 | 8788 | 271Article 8 Section 1. | |
| 8768 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 272.1 (5) methylaminorex; | |
| 8769 | - | 272.2 (6) N,N-dimethylamphetamine; | |
| 8770 | - | 272.3 (7) N-benzylpiperazine (BZP); | |
| 8771 | - | 272.4 (8) methylmethcathinone (mephedrone); | |
| 8772 | - | 272.5 (9) 3,4-methylenedioxy-N-methylcathinone (methylone); | |
| 8773 | - | 272.6 (10) methoxymethcathinone (methedrone); | |
| 8774 | - | 272.7 (11) methylenedioxypyrovalerone (MDPV); | |
| 8775 | - | 272.8 (12) 3-fluoro-N-methylcathinone (3-FMC); | |
| 8776 | - | 272.9 (13) methylethcathinone (MEC); | |
| 8777 | - | 272.10 (14) 1-benzofuran-6-ylpropan-2-amine (6-APB); | |
| 8778 | - | 272.11 (15) dimethylmethcathinone (DMMC); | |
| 8779 | - | 272.12 (16) fluoroamphetamine; | |
| 8780 | - | 272.13 (17) fluoromethamphetamine; | |
| 8781 | - | 272.14 (18) α-methylaminobutyrophenone (MABP or buphedrone); | |
| 8782 | - | 272.15 (19) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone); | |
| 8783 | - | 272.16 (20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378); | |
| 8784 | - | 272.17 (21) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) pentan-1-one (naphthylpyrovalerone or | |
| 8785 | - | 272.18naphyrone); | |
| 8786 | - | 272.19 (22) (alpha-pyrrolidinopentiophenone (alpha-PVP); | |
| 8787 | - | 272.20 (23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or MPHP); | |
| 8788 | - | 272.21 (24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP); | |
| 8789 | - | 272.22 (25) 4-methyl-N-ethylcathinone (4-MEC); | |
| 8790 | - | 272.23 (26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP); | |
| 8791 | - | 272.24 (27) 2-(methylamino)-1-phenylpentan-1-one (pentedrone); | |
| 8792 | - | 272.25 (28) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone); | |
| 8793 | - | 272.26 (29) 4-fluoro-N-methylcathinone (4-FMC); | |
| 8794 | - | 272.27 (30) 3,4-methylenedioxy-N-ethylcathinone (ethylone); | |
| 8789 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 272.1 (J) (x) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 3-carboxamide | |
| 8790 | + | 272.2(AB-PINACA); | |
| 8791 | + | 272.3 (K) (xi) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]- | |
| 8792 | + | 272.41H-indazole-3-carboxamide (AB-FUBINACA); | |
| 8793 | + | 272.5 (L) (xii) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H- | |
| 8794 | + | 272.6indazole-3-carboxamide(AB-CHMINACA); | |
| 8795 | + | 272.7 (M) (xiii) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3- | |
| 8796 | + | 272.8methylbutanoate (5-fluoro-AMB); | |
| 8797 | + | 272.9 (N) (xiv) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201); | |
| 8798 | + | 272.10 (O) (xv) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone) | |
| 8799 | + | 272.11(FUBIMINA); | |
| 8800 | + | 272.12 (P) (xvi) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo | |
| 8801 | + | 272.13[2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12); | |
| 8802 | + | 272.14 (Q) (xvii) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl) | |
| 8803 | + | 272.15-1H-indole-3-carboxamide (5-fluoro-ABICA); | |
| 8804 | + | 272.16 (R) (xviii) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) | |
| 8805 | + | 272.17-1H-indole-3-carboxamide; | |
| 8806 | + | 272.18 (S) (xix) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) | |
| 8807 | + | 272.19-1H-indazole-3-carboxamide; | |
| 8808 | + | 272.20 (T) (xx) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido) | |
| 8809 | + | 272.21-3,3-dimethylbutanoate; | |
| 8810 | + | 272.22 (U) (xxi) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1 | |
| 8811 | + | 272.23H-indazole-3-carboxamide (MAB-CHMINACA); | |
| 8812 | + | 272.24 (V) (xxii) | |
| 8813 | + | 272.25N-(1-Amino-3,3-dimethyl-1-oxo-2-butanyl)-1-pentyl-1H-indazole-3-carboxamide | |
| 8814 | + | 272.26(ADB-PINACA); | |
| 8815 | + | 272.27 (W) (xxiii) methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate (FUB-AMB); | |
| 8816 | + | 272.28 (X) (xxiv) | |
| 8817 | + | 272.29N-[(1S)-2-amino-2-oxo-1-(phenylmethyl)ethyl]-1-(cyclohexylmethyl)-1H-Indazole- | |
| 8818 | + | 272.303-carboxamide. (APP-CHMINACA); | |
| 8819 | + | 272.31 (Y) (xxv) quinolin-8-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FUB-PB-22); and | |
| 8795 | 8820 | 272Article 8 Section 1. | |
| 8796 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 273.1 (31) alpha-pyrrolidinobutiophenone (α-PBP); | |
| 8797 | - | 273.2 (32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB); | |
| 8798 | - | 273.3 (33) 1-phenyl-2-(1-pyrrolidinyl)-1-heptanone (PV8); | |
| 8799 | - | 273.4 (34) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB); | |
| 8800 | - | 273.5 (35) 4-methyl-alpha-ethylaminopentiophenone (4-MEAPP); | |
| 8801 | - | 273.6 (36) 4'-chloro-alpha-pyrrolidinopropiophenone (4'-chloro-PPP); | |
| 8802 | - | 273.7 (37) 1-(1,3-Benzodioxol-5-yl)-2-(dimethylamino)butan-1-one (dibutylone, bk-DMBDB); | |
| 8803 | - | 273.8 (38) 1-(3-chlorophenyl) piperazine (meta-chlorophenylpiperazine or mCPP); | |
| 8804 | - | 273.9 (39) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-pentan-1-one (N-ethylpentylone, ephylone); | |
| 8805 | - | 273.10and | |
| 8806 | - | 273.11 (40) any other substance, except bupropion or compounds listed under a different | |
| 8807 | - | 273.12schedule, that is structurally derived from 2-aminopropan-1-one by substitution at the | |
| 8808 | - | 273.131-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the | |
| 8809 | - | 273.14compound is further modified in any of the following ways: | |
| 8810 | - | 273.15 (i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, | |
| 8811 | - | 273.16haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring | |
| 8812 | - | 273.17system by one or more other univalent substituents; | |
| 8813 | - | 273.18 (ii) by substitution at the 3-position with an acyclic alkyl substituent; | |
| 8814 | - | 273.19 (iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or | |
| 8815 | - | 273.20methoxybenzyl groups; or | |
| 8816 | - | 273.21 (iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure. | |
| 8817 | - | 273.22 (h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically | |
| 8818 | - | 273.23excepted or unless listed in another schedule, any natural or synthetic material, compound, | |
| 8819 | - | 273.24mixture, or preparation that contains any quantity of the following substances, their analogs, | |
| 8820 | - | 273.25isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence | |
| 8821 | - | 273.26of the isomers, esters, ethers, or salts is possible: | |
| 8822 | - | 273.27 (1) marijuana; | |
| 8823 | - | 273.28 (2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, except | |
| 8824 | - | 273.29that tetrahydrocannabinols do not include any material, compound, mixture, or preparation | |
| 8825 | - | 273.30that qualifies as industrial hemp as defined in section 18K.02, subdivision 3; synthetic | |
| 8826 | - | 273.31equivalents of the substances contained in the cannabis plant or in the resinous extractives | |
| 8827 | - | 273Article 8 Section 1. | |
| 8828 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 274.1of the plant; or synthetic substances with similar chemical structure and pharmacological | |
| 8829 | - | 274.2activity to those substances contained in the plant or resinous extract, including, but not | |
| 8830 | - | 274.3limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4 | |
| 8831 | - | 274.4cis or trans tetrahydrocannabinol; | |
| 8832 | - | 274.5 (3) (h) Synthetic Artificial cannabinoids, including the following substances: | |
| 8833 | - | 274.6 (i) (1) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole | |
| 8834 | - | 274.7structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, | |
| 8835 | - | 274.8alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or | |
| 8836 | - | 274.92-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any | |
| 8837 | - | 274.10extent and whether or not substituted in the naphthyl ring to any extent. Examples of | |
| 8838 | - | 274.11naphthoylindoles include, but are not limited to: | |
| 8839 | - | 274.12 (A) (i) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678); | |
| 8840 | - | 274.13 (B) (ii) 1-Butyl-3-(1-naphthoyl)indole (JWH-073); | |
| 8841 | - | 274.14 (C) (iii) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081); | |
| 8842 | - | 274.15 (D) (iv) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); | |
| 8843 | - | 274.16 (E) (v) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015); | |
| 8844 | - | 274.17 (F) (vi) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019); | |
| 8845 | - | 274.18 (G) (vii) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122); | |
| 8846 | - | 274.19 (H) (viii) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210); | |
| 8847 | - | 274.20 (I) (ix) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398); | |
| 8848 | - | 274.21 (J) (x) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201). | |
| 8849 | - | 274.22 (ii) (2) Napthylmethylindoles, which are any compounds containing a | |
| 8850 | - | 274.231H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the | |
| 8851 | - | 274.24indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, | |
| 8852 | - | 274.251-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further | |
| 8853 | - | 274.26substituted in the indole ring to any extent and whether or not substituted in the naphthyl | |
| 8854 | - | 274.27ring to any extent. Examples of naphthylmethylindoles include, but are not limited to: | |
| 8855 | - | 274.28 (A) (i) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175); | |
| 8856 | - | 274.29 (B) (ii) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184). | |
| 8857 | - | 274.30 (iii) (3) Naphthoylpyrroles, which are any compounds containing a 3-(1-naphthoyl)pyrrole | |
| 8858 | - | 274.31structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, | |
| 8859 | - | 274Article 8 Section 1. | |
| 8860 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 275.1alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or | |
| 8861 | - | 275.22-(4-morpholinyl)ethyl group whether or not further substituted in the pyrrole ring to any | |
| 8862 | - | 275.3extent, whether or not substituted in the naphthyl ring to any extent. Examples of | |
| 8863 | - | 275.4naphthoylpyrroles include, but are not limited to, | |
| 8864 | - | 275.5(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307). | |
| 8865 | - | 275.6 (iv) (4) Naphthylmethylindenes, which are any compounds containing a | |
| 8866 | - | 275.7naphthylideneindene structure with substitution at the 3-position of the indene ring by an | |
| 8867 | - | 275.8alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, | |
| 8868 | - | 275.91-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further | |
| 8869 | - | 275.10substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring | |
| 8870 | - | 275.11to any extent. Examples of naphthylemethylindenes include, but are not limited to, | |
| 8871 | - | 275.12E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176). | |
| 8872 | - | 275.13 (v) (5) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole | |
| 8873 | - | 275.14structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, | |
| 8874 | - | 275.15alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or | |
| 8875 | - | 275.162-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any | |
| 8876 | - | 275.17extent, whether or not substituted in the phenyl ring to any extent. Examples of | |
| 8877 | - | 275.18phenylacetylindoles include, but are not limited to: | |
| 8878 | - | 275.19 (A) (i) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8); | |
| 8879 | - | 275.20 (B) (ii) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250); | |
| 8880 | - | 275.21 (C) (iii) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251); | |
| 8881 | - | 275.22 (D) (iv) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203). | |
| 8882 | - | 275.23 (vi) (6) Cyclohexylphenols, which are compounds containing a | |
| 8883 | - | 275.242-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic | |
| 8884 | - | 275.25ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, | |
| 8885 | - | 275.261-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not substituted | |
| 8886 | - | 275.27in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, but are not | |
| 8887 | - | 275.28limited to: | |
| 8888 | - | 275.29 (A) (i) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497); | |
| 8889 | - | 275.30 (B) (ii) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol | |
| 8890 | - | 275.31(Cannabicyclohexanol or CP 47,497 C8 homologue); | |
| 8891 | - | 275.32 (C) (iii) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl] | |
| 8892 | - | 275.33-phenol (CP 55,940). | |
| 8893 | - | 275Article 8 Section 1. | |
| 8894 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 276.1 (vii) (7) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole | |
| 8895 | - | 276.2structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, | |
| 8896 | - | 276.3alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or | |
| 8897 | - | 276.42-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any | |
| 8898 | - | 276.5extent and whether or not substituted in the phenyl ring to any extent. Examples of | |
| 8899 | - | 276.6benzoylindoles include, but are not limited to: | |
| 8900 | - | 276.7 (A) (i) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4); | |
| 8901 | - | 276.8 (B) (ii) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694); | |
| 8902 | - | 276.9 (C) (iii) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone | |
| 8903 | - | 276.10(WIN 48,098 or Pravadoline). | |
| 8904 | - | 276.11 (viii) (8) Others specifically named: | |
| 8905 | - | 276.12 (A) (i) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) | |
| 8906 | - | 276.13-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210); | |
| 8907 | - | 276.14 (B) (ii) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) | |
| 8908 | - | 276.15-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211); | |
| 8909 | - | 276.16 (C) (iii) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de] | |
| 8910 | - | 276.17-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2); | |
| 8911 | - | 276.18 (D) (iv) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144); | |
| 8912 | - | 276.19 (E) (v) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone | |
| 8913 | - | 276.20(XLR-11); | |
| 8914 | - | 276.21 (F) (vi) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide | |
| 8915 | - | 276.22(AKB-48(APINACA)); | |
| 8916 | - | 276.23 (G) (vii) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide | |
| 8917 | - | 276.24(5-Fluoro-AKB-48); | |
| 8918 | - | 276.25 (H) (viii) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22); | |
| 8919 | - | 276.26 (I) (ix) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro | |
| 8920 | - | 276.27PB-22); | |
| 8921 | - | 276.28 (J) (x) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 3-carboxamide | |
| 8922 | - | 276.29(AB-PINACA); | |
| 8923 | - | 276.30 (K) (xi) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]- | |
| 8924 | - | 276.311H-indazole-3-carboxamide (AB-FUBINACA); | |
| 8925 | - | 276Article 8 Section 1. | |
| 8926 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 277.1 (L) (xii) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H- | |
| 8927 | - | 277.2indazole-3-carboxamide(AB-CHMINACA); | |
| 8928 | - | 277.3 (M) (xiii) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3- | |
| 8929 | - | 277.4methylbutanoate (5-fluoro-AMB); | |
| 8930 | - | 277.5 (N) (xiv) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201); | |
| 8931 | - | 277.6 (O) (xv) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone) | |
| 8932 | - | 277.7(FUBIMINA); | |
| 8933 | - | 277.8 (P) (xvi) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo | |
| 8934 | - | 277.9[2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12); | |
| 8935 | - | 277.10 (Q) (xvii) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl) | |
| 8936 | - | 277.11-1H-indole-3-carboxamide (5-fluoro-ABICA); | |
| 8937 | - | 277.12 (R) (xviii) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) | |
| 8938 | - | 277.13-1H-indole-3-carboxamide; | |
| 8939 | - | 277.14 (S) (xix) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) | |
| 8940 | - | 277.15-1H-indazole-3-carboxamide; | |
| 8941 | - | 277.16 (T) (xx) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido) | |
| 8942 | - | 277.17-3,3-dimethylbutanoate; | |
| 8943 | - | 277.18 (U) (xxi) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1 | |
| 8944 | - | 277.19H-indazole-3-carboxamide (MAB-CHMINACA); | |
| 8945 | - | 277.20 (V) (xxii) | |
| 8946 | - | 277.21N-(1-Amino-3,3-dimethyl-1-oxo-2-butanyl)-1-pentyl-1H-indazole-3-carboxamide | |
| 8947 | - | 277.22(ADB-PINACA); | |
| 8948 | - | 277.23 (W) (xxiii) methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate (FUB-AMB); | |
| 8949 | - | 277.24 (X) (xxiv) | |
| 8950 | - | 277.25N-[(1S)-2-amino-2-oxo-1-(phenylmethyl)ethyl]-1-(cyclohexylmethyl)-1H-Indazole- | |
| 8951 | - | 277.263-carboxamide. (APP-CHMINACA); | |
| 8952 | - | 277.27 (Y) (xxv) quinolin-8-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FUB-PB-22); and | |
| 8953 | - | 277.28 (Z) (xxvi) methyl N-[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]valinate | |
| 8954 | - | 277.29(MMB-CHMICA). | |
| 8955 | - | 277.30 (ix) (9) Additional substances specifically named: | |
| 8956 | - | 277Article 8 Section 1. | |
| 8957 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 278.1 (A) (i) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1 | |
| 8958 | - | 278.2H-pyrrolo[2,3-B]pyridine-3-carboxamide (5F-CUMYL-P7AICA); | |
| 8959 | - | 278.3 (B) (ii) 1-(4-cyanobutyl)-N-(2- phenylpropan-2-yl)-1 H-indazole-3-carboxamide | |
| 8960 | - | 278.4(4-CN-Cumyl-Butinaca); | |
| 8961 | - | 278.5 (C) (iii) naphthalen-1-yl-1-(5-fluoropentyl)-1-H-indole-3-carboxylate (NM2201; | |
| 8962 | - | 278.6CBL2201); | |
| 8963 | - | 278.7 (D) (iv) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1 | |
| 8964 | - | 278.8H-indazole-3-carboxamide (5F-ABPINACA); | |
| 8965 | - | 278.9 (E) (v) methyl-2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate | |
| 8966 | - | 278.10(MDMB CHMICA); | |
| 8967 | - | 278.11 (F) (vi) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate | |
| 8968 | - | 278.12(5F-ADB; 5F-MDMB-PINACA); and | |
| 8969 | - | 278.13 (G) (vii) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl) | |
| 8970 | - | 278.141H-indazole-3-carboxamide (ADB-FUBINACA). | |
| 8971 | - | 278.15 (i) A controlled substance analog, to the extent that it is implicitly or explicitly intended | |
| 8972 | - | 278.16for human consumption. | |
| 8973 | - | 278.17 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 8974 | - | 278.18Sec. 2. Minnesota Statutes 2022, section 152.02, subdivision 4, is amended to read: | |
| 8975 | - | 278.19 Subd. 4.Schedule III.(a) Schedule III consists of the substances listed in this subdivision. | |
| 8976 | - | 278.20 (b) Stimulants. Unless specifically excepted or unless listed in another schedule, any | |
| 8977 | - | 278.21material, compound, mixture, or preparation which contains any quantity of the following | |
| 8978 | - | 278.22substances having a potential for abuse associated with a stimulant effect on the central | |
| 8979 | - | 278.23nervous system, including its salts, isomers, and salts of such isomers whenever the existence | |
| 8980 | - | 278.24of such salts, isomers, and salts of isomers is possible within the specific chemical | |
| 8981 | - | 278.25designation: | |
| 8982 | - | 278.26 (1) benzphetamine; | |
| 8983 | - | 278.27 (2) chlorphentermine; | |
| 8984 | - | 278.28 (3) clortermine; | |
| 8985 | - | 278.29 (4) phendimetrazine. | |
| 8821 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 273.1 (Z) (xxvi) methyl N-[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]valinate | |
| 8822 | + | 273.2(MMB-CHMICA). | |
| 8823 | + | 273.3 (ix) (9) Additional substances specifically named: | |
| 8824 | + | 273.4 (A) (i) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1 | |
| 8825 | + | 273.5H-pyrrolo[2,3-B]pyridine-3-carboxamide (5F-CUMYL-P7AICA); | |
| 8826 | + | 273.6 (B) (ii) 1-(4-cyanobutyl)-N-(2- phenylpropan-2-yl)-1 H-indazole-3-carboxamide | |
| 8827 | + | 273.7(4-CN-Cumyl-Butinaca); | |
| 8828 | + | 273.8 (C) (iii) naphthalen-1-yl-1-(5-fluoropentyl)-1-H-indole-3-carboxylate (NM2201; | |
| 8829 | + | 273.9CBL2201); | |
| 8830 | + | 273.10 (D) (iv) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1 | |
| 8831 | + | 273.11H-indazole-3-carboxamide (5F-ABPINACA); | |
| 8832 | + | 273.12 (E) (v) methyl-2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate | |
| 8833 | + | 273.13(MDMB CHMICA); | |
| 8834 | + | 273.14 (F) (vi) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate | |
| 8835 | + | 273.15(5F-ADB; 5F-MDMB-PINACA); and | |
| 8836 | + | 273.16 (G) (vii) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl) | |
| 8837 | + | 273.171H-indazole-3-carboxamide (ADB-FUBINACA). | |
| 8838 | + | 273.18 (i) A controlled substance analog, to the extent that it is implicitly or explicitly intended | |
| 8839 | + | 273.19for human consumption. | |
| 8840 | + | 273.20 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 8841 | + | 273.21Sec. 2. Minnesota Statutes 2022, section 152.02, subdivision 4, is amended to read: | |
| 8842 | + | 273.22 Subd. 4.Schedule III.(a) Schedule III consists of the substances listed in this subdivision. | |
| 8843 | + | 273.23 (b) Stimulants. Unless specifically excepted or unless listed in another schedule, any | |
| 8844 | + | 273.24material, compound, mixture, or preparation which contains any quantity of the following | |
| 8845 | + | 273.25substances having a potential for abuse associated with a stimulant effect on the central | |
| 8846 | + | 273.26nervous system, including its salts, isomers, and salts of such isomers whenever the existence | |
| 8847 | + | 273.27of such salts, isomers, and salts of isomers is possible within the specific chemical | |
| 8848 | + | 273.28designation: | |
| 8849 | + | 273.29 (1) benzphetamine; | |
| 8850 | + | 273.30 (2) chlorphentermine; | |
| 8851 | + | 273Article 8 Sec. 2. | |
| 8852 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 274.1 (3) clortermine; | |
| 8853 | + | 274.2 (4) phendimetrazine. | |
| 8854 | + | 274.3 (c) Depressants. Unless specifically excepted or unless listed in another schedule, any | |
| 8855 | + | 274.4material, compound, mixture, or preparation which contains any quantity of the following | |
| 8856 | + | 274.5substances having a potential for abuse associated with a depressant effect on the central | |
| 8857 | + | 274.6nervous system: | |
| 8858 | + | 274.7 (1) any compound, mixture, or preparation containing amobarbital, secobarbital, | |
| 8859 | + | 274.8pentobarbital or any salt thereof and one or more other active medicinal ingredients which | |
| 8860 | + | 274.9are not listed in any schedule; | |
| 8861 | + | 274.10 (2) any suppository dosage form containing amobarbital, secobarbital, pentobarbital, or | |
| 8862 | + | 274.11any salt of any of these drugs and approved by the food and drug administration for marketing | |
| 8863 | + | 274.12only as a suppository; | |
| 8864 | + | 274.13 (3) any substance which contains any quantity of a derivative of barbituric acid, or any | |
| 8865 | + | 274.14salt of a derivative of barbituric acid, except those substances which are specifically listed | |
| 8866 | + | 274.15in other schedules; | |
| 8867 | + | 274.16 (4) any drug product containing gamma hydroxybutyric acid, including its salts, isomers, | |
| 8868 | + | 274.17and salts of isomers, for which an application is approved under section 505 of the federal | |
| 8869 | + | 274.18Food, Drug, and Cosmetic Act; | |
| 8870 | + | 274.19 (5) any of the following substances: | |
| 8871 | + | 274.20 (i) chlorhexadol; | |
| 8872 | + | 274.21 (ii) ketamine, its salts, isomers and salts of isomers; | |
| 8873 | + | 274.22 (iii) lysergic acid; | |
| 8874 | + | 274.23 (iv) lysergic acid amide; | |
| 8875 | + | 274.24 (v) methyprylon; | |
| 8876 | + | 274.25 (vi) sulfondiethylmethane; | |
| 8877 | + | 274.26 (vii) sulfonenthylmethane; | |
| 8878 | + | 274.27 (viii) sulfonmethane; | |
| 8879 | + | 274.28 (ix) tiletamine and zolazepam and any salt thereof; | |
| 8880 | + | 274.29 (x) embutramide; | |
| 8881 | + | 274Article 8 Sec. 2. | |
| 8882 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 275.1 (xi) Perampanel [2-(2-oxo-1-phenyl-5-pyridin-2-yl-1,2-Dihydropyridin-3-yl) | |
| 8883 | + | 275.2benzonitrile]. | |
| 8884 | + | 275.3 (d) Nalorphine. | |
| 8885 | + | 275.4 (e) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, | |
| 8886 | + | 275.5any material, compound, mixture, or preparation containing any of the following narcotic | |
| 8887 | + | 275.6drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities | |
| 8888 | + | 275.7as follows: | |
| 8889 | + | 275.8 (1) not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams | |
| 8890 | + | 275.9per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium; | |
| 8891 | + | 275.10 (2) not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams | |
| 8892 | + | 275.11per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic | |
| 8893 | + | 275.12amounts; | |
| 8894 | + | 275.13 (3) not more than 1.80 grams of dihydrocodeine per 100 milliliters or not more than 90 | |
| 8895 | + | 275.14milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized | |
| 8896 | + | 275.15therapeutic amounts; | |
| 8897 | + | 275.16 (4) not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than | |
| 8898 | + | 275.1715 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized | |
| 8899 | + | 275.18therapeutic amounts; | |
| 8900 | + | 275.19 (5) not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not | |
| 8901 | + | 275.20more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients | |
| 8902 | + | 275.21in recognized therapeutic amounts; | |
| 8903 | + | 275.22 (6) not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with | |
| 8904 | + | 275.23one or more active, nonnarcotic ingredients in recognized therapeutic amounts. | |
| 8905 | + | 275.24 (f) Anabolic steroids, human growth hormone, and chorionic gonadotropin. | |
| 8906 | + | 275.25 (1) Anabolic steroids, for purposes of this subdivision, means any drug or hormonal | |
| 8907 | + | 275.26substance, chemically and pharmacologically related to testosterone, other than estrogens, | |
| 8908 | + | 275.27progestins, corticosteroids, and dehydroepiandrosterone, and includes: | |
| 8909 | + | 275.28 (i) 3[beta],17[beta]-dihydroxy-5[alpha]-androstane; | |
| 8910 | + | 275.29 (ii) 3[alpha],17[beta]-dihydroxy-5[alpha]-androstane; | |
| 8911 | + | 275.30 (iii) androstanedione (5[alpha]-androstan-3,17-dione); | |
| 8912 | + | 275.31 (iv) 1-androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-l-ene; | |
| 8913 | + | 275Article 8 Sec. 2. | |
| 8914 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 276.1 (v) 3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene); | |
| 8915 | + | 276.2 (vi) 4-androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene); | |
| 8916 | + | 276.3 (vii) 5-androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene); | |
| 8917 | + | 276.4 (viii) 1-androstenedione (5[alpha]-androst-1-en-3,17-dione); | |
| 8918 | + | 276.5 (ix) 4-androstenedione (androst-4-en-3,17-dione); | |
| 8919 | + | 276.6 (x) 5-androstenedione (androst-5-en-3,17-dione); | |
| 8920 | + | 276.7 (xi) bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one); | |
| 8921 | + | 276.8 (xii) boldenone (17[beta]-hydroxyandrost-1,4-diene-3-one); | |
| 8922 | + | 276.9 (xiii) boldione (androsta-1,4-diene-3,17-dione); | |
| 8923 | + | 276.10 (xiv) calusterone (7[beta],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one); | |
| 8924 | + | 276.11 (xv) clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one); | |
| 8925 | + | 276.12 (xvi) dehydrochloromethyltestosterone | |
| 8926 | + | 276.13(4-chloro-17[beta]-hydroxy-17[alpha]-methylandrost-1,4-dien-3-one); | |
| 8927 | + | 276.14 (xvii) desoxymethyltestosterone (17[alpha]-methyl-5[alpha]-androst-2-en-17[beta]-ol); | |
| 8928 | + | 276.15 (xviii) [delta]1-dihydrotestosterone- (17[beta]-hydroxy-5[alpha]-androst-1-en-3-one); | |
| 8929 | + | 276.16 (xix) 4-dihydrotestosterone (17[beta]-hydroxy-androstan-3-one); | |
| 8930 | + | 276.17 (xx) drostanolone (17[beta]hydroxy-2[alpha]-methyl-5[alpha]-androstan-3-one); | |
| 8931 | + | 276.18 (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene); | |
| 8932 | + | 276.19 (xxii) fluoxymesterone | |
| 8933 | + | 276.20(9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one); | |
| 8934 | + | 276.21 (xxiii) formebolone | |
| 8935 | + | 276.22(2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one); | |
| 8936 | + | 276.23 (xxiv) furazabol | |
| 8937 | + | 276.24(17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan)13[beta]-ethyl-17[beta] | |
| 8938 | + | 276.25-hydroxygon-4-en-3-one; | |
| 8939 | + | 276.26 (xxv) 4-hydroxytestosterone (4,17[beta]-dihydroxyandrost-4-en-3-one); | |
| 8940 | + | 276.27 (xxvi) 4-hydroxy-19-nortestosterone (4,17[beta]-dihydroxyestr-4-en-3-one); | |
| 8941 | + | 276.28 (xxvii) mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one); | |
| 8942 | + | 276Article 8 Sec. 2. | |
| 8943 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 277.1 (xxviii) mesterolone (1[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one); | |
| 8944 | + | 277.2 (xxix) methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-dien-3-one); | |
| 8945 | + | 277.3 (xxx) methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene); | |
| 8946 | + | 277.4 (xxxi) methasterone (2 alpha-17 alpha-dimethyl-5 alpha-androstan-17beta-ol-3-one); | |
| 8947 | + | 277.5 (xxxii) methenolone (1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one); | |
| 8948 | + | 277.6 (xxxiii) 17[alpha]-methyl-3[beta],17[beta]-dihydroxy-5[alpha]-androstane; | |
| 8949 | + | 277.7 (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5[alpha]-androstane; | |
| 8950 | + | 277.8 (xxxv) 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene; | |
| 8951 | + | 277.9 (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone | |
| 8952 | + | 277.10(17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one); | |
| 8953 | + | 277.11 (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one); | |
| 8954 | + | 277.12 (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9-11-trien-3-one); | |
| 8955 | + | 277.13 (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one); | |
| 8956 | + | 277.14 (xl) mibolerone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one); | |
| 8957 | + | 277.15 (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | |
| 8958 | + | 277.16(17[beta]-hydroxy-17[alpha]-methyl-5[alpha]-androst-1-en-3-one); | |
| 8959 | + | 277.17 (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one); | |
| 8960 | + | 277.18 (xliii) 19-nor-4-androstenediol (3[beta],17[beta]-dihydroxyestr-4-ene; | |
| 8961 | + | 277.19 (xliv) 3[alpha],17[beta]-dihydroxyestr-4-ene); 19-nor-5-androstenediol | |
| 8962 | + | 277.20(3[beta],17[beta]-dihydroxyestr-5-ene; | |
| 8963 | + | 277.21 (xlv) 3[alpha],17[beta]-dihydroxyestr-5-ene); | |
| 8964 | + | 277.22 (xlvi) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione); | |
| 8965 | + | 277.23 (xlvii) 19-nor-5-androstenedione (estr-5-en-3,17-dione); | |
| 8966 | + | 277.24 (xlviii) norbolethone (13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one); | |
| 8967 | + | 277.25 (xlix) norclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one); | |
| 8968 | + | 277.26 (l) norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one); | |
| 8969 | + | 277.27 (li) normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one); | |
| 8970 | + | 277.28 (lii) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-2-oxa-5[alpha]-androstan-3-one); | |
| 8971 | + | 277Article 8 Sec. 2. | |
| 8972 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 278.1 (liii) oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one); | |
| 8973 | + | 278.2 (liv) oxymetholone | |
| 8974 | + | 278.3(17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-5[alpha]-androstan-3-one); | |
| 8975 | + | 278.4 (lv) prostanozol (17 beta-hydroxy-5 alpha-androstano[3,2-C]pryazole; | |
| 8976 | + | 278.5 (lvi) stanozolol | |
| 8977 | + | 278.6(17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androst-2-eno[3,2-c]-pyrazole); | |
| 8978 | + | 278.7 (lvii) stenbolone (17[beta]-hydroxy-2-methyl-5[alpha]-androst-1-en-3-one); | |
| 8979 | + | 278.8 (lviii) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone); | |
| 8980 | + | 278.9 (lix) testosterone (17[beta]-hydroxyandrost-4-en-3-one); | |
| 8981 | + | 278.10 (lx) tetrahydrogestrinone | |
| 8982 | + | 278.11(13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one); | |
| 8983 | + | 278.12 (lxi) trenbolone (17[beta]-hydroxyestr-4,9,11-trien-3-one); | |
| 8984 | + | 278.13 (lxii) any salt, ester, or ether of a drug or substance described in this paragraph. | |
| 8985 | + | 278.14Anabolic steroids are not included if they are: (A) expressly intended for administration | |
| 8986 | + | 278.15through implants to cattle or other nonhuman species; and (B) approved by the United States | |
| 8987 | + | 278.16Food and Drug Administration for that use; | |
| 8988 | + | 278.17 (2) Human growth hormones. | |
| 8989 | + | 278.18 (3) Chorionic gonadotropin, except that a product containing chorionic gonadotropin is | |
| 8990 | + | 278.19not included if it is: | |
| 8991 | + | 278.20 (i) expressly intended for administration to cattle or other nonhuman species; and | |
| 8992 | + | 278.21 (ii) approved by the United States Food and Drug Administration for that use. | |
| 8993 | + | 278.22 (g) Hallucinogenic substances. Dronabinol (synthetic artificial) in sesame oil and | |
| 8994 | + | 278.23encapsulated in a soft gelatin capsule in a United States Food and Drug Administration | |
| 8995 | + | 278.24approved product. | |
| 8996 | + | 278.25 (h) Any material, compound, mixture, or preparation containing the following narcotic | |
| 8997 | + | 278.26drug or its salt: buprenorphine. | |
| 8998 | + | 278.27 (i) Marijuana, tetrahydrocannabinols, and artificial cannabinoids. Unless specifically | |
| 8999 | + | 278.28excepted or unless listed in another schedule, any natural or artificial material, compound, | |
| 9000 | + | 278.29mixture, or preparation that contains any quantity of the following substances, their analogs, | |
| 8986 | 9001 | 278Article 8 Sec. 2. | |
| 8987 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 279.1 (c) Depressants. Unless specifically excepted or unless listed in another schedule, any | |
| 8988 | - | 279.2material, compound, mixture, or preparation which contains any quantity of the following | |
| 8989 | - | 279.3substances having a potential for abuse associated with a depressant effect on the central | |
| 8990 | - | 279.4nervous system: | |
| 8991 | - | 279.5 (1) any compound, mixture, or preparation containing amobarbital, secobarbital, | |
| 8992 | - | 279.6pentobarbital or any salt thereof and one or more other active medicinal ingredients which | |
| 8993 | - | 279.7are not listed in any schedule; | |
| 8994 | - | 279.8 (2) any suppository dosage form containing amobarbital, secobarbital, pentobarbital, or | |
| 8995 | - | 279.9any salt of any of these drugs and approved by the food and drug administration for marketing | |
| 8996 | - | 279.10only as a suppository; | |
| 8997 | - | 279.11 (3) any substance which contains any quantity of a derivative of barbituric acid, or any | |
| 8998 | - | 279.12salt of a derivative of barbituric acid, except those substances which are specifically listed | |
| 8999 | - | 279.13in other schedules; | |
| 9000 | - | 279.14 (4) any drug product containing gamma hydroxybutyric acid, including its salts, isomers, | |
| 9001 | - | 279.15and salts of isomers, for which an application is approved under section 505 of the federal | |
| 9002 | - | 279.16Food, Drug, and Cosmetic Act; | |
| 9003 | - | 279.17 (5) any of the following substances: | |
| 9004 | - | 279.18 (i) chlorhexadol; | |
| 9005 | - | 279.19 (ii) ketamine, its salts, isomers and salts of isomers; | |
| 9006 | - | 279.20 (iii) lysergic acid; | |
| 9007 | - | 279.21 (iv) lysergic acid amide; | |
| 9008 | - | 279.22 (v) methyprylon; | |
| 9009 | - | 279.23 (vi) sulfondiethylmethane; | |
| 9010 | - | 279.24 (vii) sulfonenthylmethane; | |
| 9011 | - | 279.25 (viii) sulfonmethane; | |
| 9012 | - | 279.26 (ix) tiletamine and zolazepam and any salt thereof; | |
| 9013 | - | 279.27 (x) embutramide; | |
| 9014 | - | 279.28 (xi) Perampanel [2-(2-oxo-1-phenyl-5-pyridin-2-yl-1,2-Dihydropyridin-3-yl) | |
| 9015 | - | 279.29benzonitrile]. | |
| 9016 | - | 279.30 (d) Nalorphine. | |
| 9017 | - | 279Article 8 Sec. 2. | |
| 9018 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 280.1 (e) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, | |
| 9019 | - | 280.2any material, compound, mixture, or preparation containing any of the following narcotic | |
| 9020 | - | 280.3drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities | |
| 9021 | - | 280.4as follows: | |
| 9022 | - | 280.5 (1) not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams | |
| 9023 | - | 280.6per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium; | |
| 9024 | - | 280.7 (2) not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams | |
| 9025 | - | 280.8per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic | |
| 9026 | - | 280.9amounts; | |
| 9027 | - | 280.10 (3) not more than 1.80 grams of dihydrocodeine per 100 milliliters or not more than 90 | |
| 9028 | - | 280.11milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized | |
| 9029 | - | 280.12therapeutic amounts; | |
| 9030 | - | 280.13 (4) not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than | |
| 9031 | - | 280.1415 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized | |
| 9032 | - | 280.15therapeutic amounts; | |
| 9033 | - | 280.16 (5) not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not | |
| 9034 | - | 280.17more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients | |
| 9035 | - | 280.18in recognized therapeutic amounts; | |
| 9036 | - | 280.19 (6) not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with | |
| 9037 | - | 280.20one or more active, nonnarcotic ingredients in recognized therapeutic amounts. | |
| 9038 | - | 280.21 (f) Anabolic steroids, human growth hormone, and chorionic gonadotropin. | |
| 9039 | - | 280.22 (1) Anabolic steroids, for purposes of this subdivision, means any drug or hormonal | |
| 9040 | - | 280.23substance, chemically and pharmacologically related to testosterone, other than estrogens, | |
| 9041 | - | 280.24progestins, corticosteroids, and dehydroepiandrosterone, and includes: | |
| 9042 | - | 280.25 (i) 3[beta],17[beta]-dihydroxy-5[alpha]-androstane; | |
| 9043 | - | 280.26 (ii) 3[alpha],17[beta]-dihydroxy-5[alpha]-androstane; | |
| 9044 | - | 280.27 (iii) androstanedione (5[alpha]-androstan-3,17-dione); | |
| 9045 | - | 280.28 (iv) 1-androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-l-ene; | |
| 9046 | - | 280.29 (v) 3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene); | |
| 9047 | - | 280.30 (vi) 4-androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene); | |
| 9048 | - | 280.31 (vii) 5-androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene); | |
| 9049 | - | 280Article 8 Sec. 2. | |
| 9050 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 281.1 (viii) 1-androstenedione (5[alpha]-androst-1-en-3,17-dione); | |
| 9051 | - | 281.2 (ix) 4-androstenedione (androst-4-en-3,17-dione); | |
| 9052 | - | 281.3 (x) 5-androstenedione (androst-5-en-3,17-dione); | |
| 9053 | - | 281.4 (xi) bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one); | |
| 9054 | - | 281.5 (xii) boldenone (17[beta]-hydroxyandrost-1,4-diene-3-one); | |
| 9055 | - | 281.6 (xiii) boldione (androsta-1,4-diene-3,17-dione); | |
| 9056 | - | 281.7 (xiv) calusterone (7[beta],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one); | |
| 9057 | - | 281.8 (xv) clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one); | |
| 9058 | - | 281.9 (xvi) dehydrochloromethyltestosterone | |
| 9059 | - | 281.10(4-chloro-17[beta]-hydroxy-17[alpha]-methylandrost-1,4-dien-3-one); | |
| 9060 | - | 281.11 (xvii) desoxymethyltestosterone (17[alpha]-methyl-5[alpha]-androst-2-en-17[beta]-ol); | |
| 9061 | - | 281.12 (xviii) [delta]1-dihydrotestosterone- (17[beta]-hydroxy-5[alpha]-androst-1-en-3-one); | |
| 9062 | - | 281.13 (xix) 4-dihydrotestosterone (17[beta]-hydroxy-androstan-3-one); | |
| 9063 | - | 281.14 (xx) drostanolone (17[beta]hydroxy-2[alpha]-methyl-5[alpha]-androstan-3-one); | |
| 9064 | - | 281.15 (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene); | |
| 9065 | - | 281.16 (xxii) fluoxymesterone | |
| 9066 | - | 281.17(9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one); | |
| 9067 | - | 281.18 (xxiii) formebolone | |
| 9068 | - | 281.19(2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one); | |
| 9069 | - | 281.20 (xxiv) furazabol | |
| 9070 | - | 281.21(17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan)13[beta]-ethyl-17[beta] | |
| 9071 | - | 281.22-hydroxygon-4-en-3-one; | |
| 9072 | - | 281.23 (xxv) 4-hydroxytestosterone (4,17[beta]-dihydroxyandrost-4-en-3-one); | |
| 9073 | - | 281.24 (xxvi) 4-hydroxy-19-nortestosterone (4,17[beta]-dihydroxyestr-4-en-3-one); | |
| 9074 | - | 281.25 (xxvii) mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one); | |
| 9075 | - | 281.26 (xxviii) mesterolone (1[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one); | |
| 9076 | - | 281.27 (xxix) methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-dien-3-one); | |
| 9077 | - | 281.28 (xxx) methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene); | |
| 9078 | - | 281Article 8 Sec. 2. | |
| 9079 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 282.1 (xxxi) methasterone (2 alpha-17 alpha-dimethyl-5 alpha-androstan-17beta-ol-3-one); | |
| 9080 | - | 282.2 (xxxii) methenolone (1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one); | |
| 9081 | - | 282.3 (xxxiii) 17[alpha]-methyl-3[beta],17[beta]-dihydroxy-5[alpha]-androstane; | |
| 9082 | - | 282.4 (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5[alpha]-androstane; | |
| 9083 | - | 282.5 (xxxv) 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene; | |
| 9084 | - | 282.6 (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone | |
| 9085 | - | 282.7(17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one); | |
| 9086 | - | 282.8 (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one); | |
| 9087 | - | 282.9 (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9-11-trien-3-one); | |
| 9088 | - | 282.10 (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one); | |
| 9089 | - | 282.11 (xl) mibolerone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one); | |
| 9090 | - | 282.12 (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | |
| 9091 | - | 282.13(17[beta]-hydroxy-17[alpha]-methyl-5[alpha]-androst-1-en-3-one); | |
| 9092 | - | 282.14 (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one); | |
| 9093 | - | 282.15 (xliii) 19-nor-4-androstenediol (3[beta],17[beta]-dihydroxyestr-4-ene; | |
| 9094 | - | 282.16 (xliv) 3[alpha],17[beta]-dihydroxyestr-4-ene); 19-nor-5-androstenediol | |
| 9095 | - | 282.17(3[beta],17[beta]-dihydroxyestr-5-ene; | |
| 9096 | - | 282.18 (xlv) 3[alpha],17[beta]-dihydroxyestr-5-ene); | |
| 9097 | - | 282.19 (xlvi) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione); | |
| 9098 | - | 282.20 (xlvii) 19-nor-5-androstenedione (estr-5-en-3,17-dione); | |
| 9099 | - | 282.21 (xlviii) norbolethone (13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one); | |
| 9100 | - | 282.22 (xlix) norclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one); | |
| 9101 | - | 282.23 (l) norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one); | |
| 9102 | - | 282.24 (li) normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one); | |
| 9103 | - | 282.25 (lii) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-2-oxa-5[alpha]-androstan-3-one); | |
| 9104 | - | 282.26 (liii) oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one); | |
| 9105 | - | 282.27 (liv) oxymetholone | |
| 9106 | - | 282.28(17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-5[alpha]-androstan-3-one); | |
| 9107 | - | 282Article 8 Sec. 2. | |
| 9108 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 283.1 (lv) prostanozol (17 beta-hydroxy-5 alpha-androstano[3,2-C]pryazole; | |
| 9109 | - | 283.2 (lvi) stanozolol | |
| 9110 | - | 283.3(17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androst-2-eno[3,2-c]-pyrazole); | |
| 9111 | - | 283.4 (lvii) stenbolone (17[beta]-hydroxy-2-methyl-5[alpha]-androst-1-en-3-one); | |
| 9112 | - | 283.5 (lviii) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone); | |
| 9113 | - | 283.6 (lix) testosterone (17[beta]-hydroxyandrost-4-en-3-one); | |
| 9114 | - | 283.7 (lx) tetrahydrogestrinone | |
| 9115 | - | 283.8(13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one); | |
| 9116 | - | 283.9 (lxi) trenbolone (17[beta]-hydroxyestr-4,9,11-trien-3-one); | |
| 9117 | - | 283.10 (lxii) any salt, ester, or ether of a drug or substance described in this paragraph. | |
| 9118 | - | 283.11Anabolic steroids are not included if they are: (A) expressly intended for administration | |
| 9119 | - | 283.12through implants to cattle or other nonhuman species; and (B) approved by the United States | |
| 9120 | - | 283.13Food and Drug Administration for that use; | |
| 9121 | - | 283.14 (2) Human growth hormones. | |
| 9122 | - | 283.15 (3) Chorionic gonadotropin, except that a product containing chorionic gonadotropin is | |
| 9123 | - | 283.16not included if it is: | |
| 9124 | - | 283.17 (i) expressly intended for administration to cattle or other nonhuman species; and | |
| 9125 | - | 283.18 (ii) approved by the United States Food and Drug Administration for that use. | |
| 9126 | - | 283.19 (g) Hallucinogenic substances. Dronabinol (synthetic artificial) in sesame oil and | |
| 9127 | - | 283.20encapsulated in a soft gelatin capsule in a United States Food and Drug Administration | |
| 9128 | - | 283.21approved product. | |
| 9129 | - | 283.22 (h) Any material, compound, mixture, or preparation containing the following narcotic | |
| 9130 | - | 283.23drug or its salt: buprenorphine. | |
| 9131 | - | 283.24 (i) Marijuana, tetrahydrocannabinols, and artificial cannabinoids. Unless specifically | |
| 9132 | - | 283.25excepted or unless listed in another schedule, any natural or artificial material, compound, | |
| 9133 | - | 283.26mixture, or preparation that contains any quantity of the following substances, their analogs, | |
| 9134 | - | 283.27isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence | |
| 9135 | - | 283.28of the isomers, esters, ethers, or salts is possible: | |
| 9136 | - | 283.29 (1) marijuana; | |
| 9137 | - | 283Article 8 Sec. 2. | |
| 9138 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 284.1 (2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, except | |
| 9139 | - | 284.2that tetrahydrocannabinols do not include any material, compound, mixture, or preparation | |
| 9140 | - | 284.3that qualifies as industrial hemp as defined in section 18K.02, subdivision 3; artificial | |
| 9141 | - | 284.4equivalents of the substances contained in the cannabis plant or in the resinous extractives | |
| 9142 | - | 284.5of the plant; or artificial substances with similar chemical structure and pharmacological | |
| 9143 | - | 284.6activity to those substances contained in the plant or resinous extract, including but not | |
| 9144 | - | 284.7limited to 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4 | |
| 9145 | - | 284.8cis or trans tetrahydrocannabinol. | |
| 9146 | - | 284.9 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 9147 | - | 284.10 ARTICLE 9 | |
| 9148 | - | 284.11 APPROPRIATIONS | |
| 9149 | - | 284.12Section 1. APPROPRIATIONS. | |
| 9150 | - | 284.13 Subdivision 1.Office of Cannabis Management.(a) $....... in fiscal year 2024 and | |
| 9151 | - | 284.14$....... in fiscal year 2025 are appropriated from the general fund to the Cannabis Management | |
| 9152 | - | 284.15Board for purposes of this act. The base for this appropriation is $....... in fiscal year 2026 | |
| 9153 | - | 284.16and $....... in fiscal year 2027. | |
| 9154 | - | 284.17 (b) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9155 | - | 284.18in fiscal year 2025 are for rulemaking. The base for this appropriation is $....... in fiscal year | |
| 9156 | - | 284.192024 and thereafter. | |
| 9157 | - | 284.20 (c) Of the base established in paragraph (a), $....... in fiscal year 2026 and $....... in fiscal | |
| 9158 | - | 284.21year 2027 are for cannabis industry community renewal grants. Of these amounts, up to | |
| 9159 | - | 284.22three percent may be used for administrative expenses. | |
| 9160 | - | 284.23 (d) Of the base established in paragraph (a), $....... in fiscal year 2026 and $....... in fiscal | |
| 9161 | - | 284.24year 2027 are for the administration of substance use treatment, recovery, and prevention | |
| 9162 | - | 284.25grants. | |
| 9163 | - | 284.26 Subd. 2.Department of Agriculture.$....... in fiscal year 2024 and $....... in fiscal year | |
| 9164 | - | 284.272025 are appropriated from the general fund to the commissioner of agriculture for food | |
| 9165 | - | 284.28safety and pesticide enforcement lab testing and rulemaking related to changes in cannabis | |
| 9166 | - | 284.29laws. The base for this appropriation is $....... in fiscal year 2026 and $....... in fiscal year | |
| 9167 | - | 284.302027. | |
| 9168 | - | 284.31 Subd. 3.Cannabis Expungement Board.$....... in fiscal year 2024 and $....... in fiscal | |
| 9169 | - | 284.32year 2025 are appropriated from the general fund to the Cannabis Expungement Board for | |
| 9002 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 279.1isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence | |
| 9003 | + | 279.2of the isomers, esters, ethers, or salts is possible: | |
| 9004 | + | 279.3 (1) marijuana; | |
| 9005 | + | 279.4 (2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, except | |
| 9006 | + | 279.5that tetrahydrocannabinols do not include any material, compound, mixture, or preparation | |
| 9007 | + | 279.6that qualifies as industrial hemp as defined in section 18K.02, subdivision 3; artificial | |
| 9008 | + | 279.7equivalents of the substances contained in the cannabis plant or in the resinous extractives | |
| 9009 | + | 279.8of the plant; or artificial substances with similar chemical structure and pharmacological | |
| 9010 | + | 279.9activity to those substances contained in the plant or resinous extract, including but not | |
| 9011 | + | 279.10limited to 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4 | |
| 9012 | + | 279.11cis or trans tetrahydrocannabinol. | |
| 9013 | + | 279.12 EFFECTIVE DATE.This section is effective the day following final enactment. | |
| 9014 | + | 279.13 ARTICLE 9 | |
| 9015 | + | 279.14 APPROPRIATIONS | |
| 9016 | + | 279.15Section 1. APPROPRIATIONS. | |
| 9017 | + | 279.16 Subdivision 1.Office of Cannabis Management.(a) $....... in fiscal year 2024 and | |
| 9018 | + | 279.17$....... in fiscal year 2025 are appropriated from the general fund to the Cannabis Management | |
| 9019 | + | 279.18Board for purposes of this act. The base for this appropriation is $....... in fiscal year 2026 | |
| 9020 | + | 279.19and $....... in fiscal year 2027. | |
| 9021 | + | 279.20 (b) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9022 | + | 279.21in fiscal year 2025 are for rulemaking. The base for this appropriation is $....... in fiscal year | |
| 9023 | + | 279.222024 and thereafter. | |
| 9024 | + | 279.23 (c) Of the base established in paragraph (a), $....... in fiscal year 2026 and $....... in fiscal | |
| 9025 | + | 279.24year 2027 are for cannabis industry community renewal grants. Of these amounts, up to | |
| 9026 | + | 279.25three percent may be used for administrative expenses. | |
| 9027 | + | 279.26 (d) Of the base established in paragraph (a), $....... in fiscal year 2026 and $....... in fiscal | |
| 9028 | + | 279.27year 2027 are for the administration of substance use treatment, recovery, and prevention | |
| 9029 | + | 279.28grants. | |
| 9030 | + | 279.29 Subd. 2.Department of Agriculture.$....... in fiscal year 2024 and $....... in fiscal year | |
| 9031 | + | 279.302025 are appropriated from the general fund to the commissioner of agriculture for food | |
| 9032 | + | 279.31safety and pesticide enforcement lab testing and rulemaking related to changes in cannabis | |
| 9033 | + | 279Article 9 Section 1. | |
| 9034 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 280.1laws. The base for this appropriation is $....... in fiscal year 2026 and $....... in fiscal year | |
| 9035 | + | 280.22027. | |
| 9036 | + | 280.3 Subd. 3.Cannabis Expungement Board.$....... in fiscal year 2024 and $....... in fiscal | |
| 9037 | + | 280.4year 2025 are appropriated from the general fund to the Cannabis Expungement Board for | |
| 9038 | + | 280.5staffing and other expenses related to reviewing criminal convictions and issuing decisions | |
| 9039 | + | 280.6related to expungement and resentencing. The base for this appropriation is $....... in fiscal | |
| 9040 | + | 280.7years 2026, 2027, and 2028. The base in fiscal year 2029 and thereafter is $0. | |
| 9041 | + | 280.8 Subd. 4.Department of Commerce.$....... in fiscal year 2024 and $....... in fiscal year | |
| 9042 | + | 280.92025 are appropriated from the general fund to the commissioner of commerce for the | |
| 9043 | + | 280.10purposes of this act. The base for this appropriation is $....... in fiscal year 2026 and $....... | |
| 9044 | + | 280.11in fiscal year 2027. | |
| 9045 | + | 280.12 Subd. 5.Department of Corrections.An appropriation to the commissioner of | |
| 9046 | + | 280.13corrections for correctional institutions is reduced by $....... in fiscal year 2024 and $....... | |
| 9047 | + | 280.14in fiscal year 2025. The base for this appropriation is reduced by $....... in fiscal year 2026 | |
| 9048 | + | 280.15and $....... in fiscal year 2027. | |
| 9049 | + | 280.16 Subd. 6.Department of Education.$....... in fiscal year 2024 and $....... in fiscal year | |
| 9050 | + | 280.172025 are appropriated from the general fund to the commissioner of education for the | |
| 9051 | + | 280.18purposes of this act. | |
| 9052 | + | 280.19 Subd. 7.Department of Employment and Economic Development.(a) $....... in fiscal | |
| 9053 | + | 280.20year 2024 and $....... in fiscal year 2025 are appropriated from the general fund to the | |
| 9054 | + | 280.21commissioner of employment and economic development for the CanStartup, CanNavigate, | |
| 9055 | + | 280.22and CanTrain programs. Any unencumbered balances remaining in the first year do not | |
| 9056 | + | 280.23cancel but are available for the second year. | |
| 9057 | + | 280.24 (b) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9058 | + | 280.25in fiscal year 2025 are for the CanStartup program. | |
| 9059 | + | 280.26 (c) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9060 | + | 280.27in fiscal year 2025 are for the CanNavigate program. | |
| 9061 | + | 280.28 (d) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9062 | + | 280.29in fiscal year 2025 are for the CanTrain program. | |
| 9063 | + | 280.30 (e) Of these amounts, up to four percent may be used for administrative expenses. | |
| 9064 | + | 280.31 Subd. 8.Department of Health.(a) $....... in fiscal year 2024 and $....... in fiscal year | |
| 9065 | + | 280.322025 are appropriated from the general fund to the commissioner of health for the purposes | |
| 9066 | + | 280Article 9 Section 1. | |
| 9067 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 281.1of this act. The base for this appropriation is $....... in fiscal year 2026 and $....... in fiscal | |
| 9068 | + | 281.2year 2027. | |
| 9069 | + | 281.3 (b) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9070 | + | 281.4in fiscal year 2025 are for education for individuals who are pregnant, breastfeeding, or | |
| 9071 | + | 281.5who may become pregnant. Of this amount, $....... each year is for media campaign contracts. | |
| 9072 | + | 281.6The base for this appropriation is $....... in fiscal year 2026 and thereafter. Of the amounts | |
| 9073 | + | 281.7appropriated in fiscal year 2026 and thereafter, $....... is for media campaign contracts. | |
| 9074 | + | 281.8 (c) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9075 | + | 281.9in fiscal year 2025 are for data collection and reports. The base for this appropriation is | |
| 9076 | + | 281.10$....... in fiscal year 2026 and $....... in fiscal year 2027. | |
| 9077 | + | 281.11 (d) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9078 | + | 281.12in fiscal year 2025 are for testing required by this act. The base for this appropriation is | |
| 9079 | + | 281.13$....... in fiscal year 2026 and thereafter. | |
| 9080 | + | 281.14 (e) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9081 | + | 281.15in fiscal year 2025 are for education for youth. Of this amount, $....... each year is for | |
| 9082 | + | 281.16statewide youth awareness campaign contracts. The base for this appropriation is $....... in | |
| 9083 | + | 281.17fiscal year 2026 and thereafter. Of the amounts in fiscal year 2026 and thereafter, $....... is | |
| 9084 | + | 281.18for media campaign contracts. | |
| 9085 | + | 281.19 (f) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9086 | + | 281.20in fiscal year 2025 are for grants to local health departments for: (1) creation and | |
| 9087 | + | 281.21dissemination of educational materials on cannabis flower and cannabis products; and (2) | |
| 9088 | + | 281.22community education, technical assistance, and outreach on prevention and safe use regarding | |
| 9089 | + | 281.23cannabis flower and cannabis products. The commissioner shall distribute these grants | |
| 9090 | + | 281.24according to a contract with the Local Public Health Association of Minnesota. Of the | |
| 9091 | + | 281.25appropriations in this paragraph, the commissioner may withhold up to ten percent for grant | |
| 9092 | + | 281.26administration and technical assistance to local health departments. The base for this | |
| 9093 | + | 281.27appropriation is $....... in fiscal year 2026 and thereafter. | |
| 9094 | + | 281.28 (g) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9095 | + | 281.29in fiscal year 2025 are for grants to Tribal health departments for: (1) creation and | |
| 9096 | + | 281.30dissemination of educational materials on cannabis flower and cannabis products; and (2) | |
| 9097 | + | 281.31community education, technical assistance, and outreach on prevention and safe use regarding | |
| 9098 | + | 281.32cannabis flower and cannabis products. Of the appropriations in this paragraph, the | |
| 9099 | + | 281.33commissioner may withhold up to ten percent for grant administration and technical | |
| 9100 | + | 281Article 9 Section 1. | |
| 9101 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 282.1assistance to Tribal health departments. The base for this appropriation is $....... in fiscal | |
| 9102 | + | 282.2year 2026 and thereafter. | |
| 9103 | + | 282.3 Subd. 9.Department of Health; Minnesota poison control system.$....... in fiscal | |
| 9104 | + | 282.4year 2024 and $....... in fiscal year 2025 are appropriated from the general fund to the | |
| 9105 | + | 282.5commissioner of health to support the poison control system and award or supplement grants | |
| 9106 | + | 282.6pursuant to Minnesota Statutes, section 145.93. | |
| 9107 | + | 282.7 Subd. 10.Department of Human Services.(a) $....... in fiscal year 2024 and $....... in | |
| 9108 | + | 282.8fiscal year 2025 are appropriated from the general fund to the commissioner of human | |
| 9109 | + | 282.9services for the purposes of this act. The base for this appropriation is $....... in fiscal years | |
| 9110 | + | 282.102026, 2027, and 2028. The base in fiscal year 2029 and thereafter is $........ | |
| 9111 | + | 282.11 (b) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9112 | + | 282.12in fiscal year 2025 are for the Background Studies Legal Division. The base for this | |
| 9113 | + | 282.13appropriation is $....... in fiscal years 2026, 2027, and 2028. The base in fiscal year 2029 | |
| 9114 | + | 282.14and thereafter is $0. | |
| 9115 | + | 282.15 (c) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 is for | |
| 9116 | + | 282.16technology system changes. This is a onetime appropriation. | |
| 9117 | + | 282.17 Subd. 11.Department of Labor and Industry.$....... in fiscal year 2024 and $....... in | |
| 9118 | + | 282.18fiscal year 2025 are appropriated from the general fund to the commissioner of labor and | |
| 9119 | + | 282.19industry to identify occupational competency standards and provide technical assistance | |
| 9120 | + | 282.20for developing dual-training programs under Minnesota Statutes, section 175.45, for the | |
| 9121 | + | 282.21legal cannabis industry. | |
| 9122 | + | 282.22 Subd. 12.Department of Natural Resources.$....... in fiscal year 2024 is appropriated | |
| 9123 | + | 282.23from the general fund to the commissioner of natural resources for the purposes of this act. | |
| 9124 | + | 282.24This is a onetime appropriation. | |
| 9125 | + | 282.25 Subd. 13.Office of Higher Education.$....... in fiscal year 2024 and $....... in fiscal | |
| 9126 | + | 282.26year 2025 are appropriated from the general fund to the commissioner of higher education | |
| 9127 | + | 282.27for transfer to the dual training account in the special revenue fund under Minnesota Statutes, | |
| 9128 | + | 282.28section 136A.246, subdivision 10, for grants to employers in the legal cannabis industry. | |
| 9129 | + | 282.29The commissioner shall give priority to applications from employers who are, or who are | |
| 9130 | + | 282.30training employees who are, eligible to be social equity applicants under Minnesota Statutes, | |
| 9131 | + | 282.31section 342.15. | |
| 9132 | + | 282.32 Subd. 14.Pollution Control Agency.(a) $....... in fiscal year 2024 and $....... in fiscal | |
| 9133 | + | 282.33year 2025 are appropriated from the general fund to the commissioner of the Pollution | |
| 9134 | + | 282Article 9 Section 1. | |
| 9135 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 283.1Control Agency for the purposes of this act. The base for this appropriation is $....... in fiscal | |
| 9136 | + | 283.2year 2026 and $0 in fiscal year 2027 and thereafter. | |
| 9137 | + | 283.3 (b) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9138 | + | 283.4in fiscal year 2025 are for rulemaking. The base for this appropriation is $0 in fiscal year | |
| 9139 | + | 283.52026 and thereafter. | |
| 9140 | + | 283.6 (c) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 is for | |
| 9141 | + | 283.7wastewater staff. This is a onetime appropriation. | |
| 9142 | + | 283.8 (d) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9143 | + | 283.9in fiscal year 2025 are for small business assistance staff. The base for this appropriation | |
| 9144 | + | 283.10is $....... in fiscal year 2026 and $0 in fiscal year 2027 and thereafter. | |
| 9145 | + | 283.11 Subd. 15.Department of Public Safety; Bureau of Criminal Apprehension.(a) $....... | |
| 9146 | + | 283.12in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general fund to | |
| 9147 | + | 283.13the commissioner of public safety for use by the Bureau of Criminal Apprehension. The | |
| 9148 | + | 283.14base for this appropriation is $....... in fiscal years 2026, 2027, and 2028. The base in fiscal | |
| 9149 | + | 283.15year 2029 and thereafter is $........ | |
| 9150 | + | 283.16 (b) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9151 | + | 283.17in fiscal year 2025 are for expenses related to identifying and providing records of convictions | |
| 9152 | + | 283.18for certain offenses involving the possession of cannabis that may be eligible for | |
| 9153 | + | 283.19expungement and resentencing. The base for this appropriation is $....... in fiscal years 2026, | |
| 9154 | + | 283.202027, and 2028. The base in fiscal year 2029 and thereafter is $0. | |
| 9155 | + | 283.21 (c) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9156 | + | 283.22in fiscal year 2025 are for forensic science services including additional staff, equipment, | |
| 9157 | + | 283.23and supplies. | |
| 9158 | + | 283.24 (d) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9159 | + | 283.25in fiscal year 2025 are for investigation of diversion crimes. | |
| 9160 | + | 283.26 Subd. 16.Department of Public Safety; State Patrol.(a) $....... in fiscal year 2024 and | |
| 9161 | + | 283.27$....... in fiscal year 2025 are appropriated from the general fund to the commissioner of | |
| 9162 | + | 283.28public safety for use by the Minnesota State Patrol for the purposes of this act, including | |
| 9163 | + | 283.29identifying and investigating incidents and offenses that involve driving under the influence. | |
| 9164 | + | 283.30 (b) $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the | |
| 9165 | + | 283.31general fund to the commissioner of public safety for use by the Minnesota State Patrol for | |
| 9166 | + | 283.32its drug evaluation and classification program for drug recognition evaluator training, | |
| 9167 | + | 283Article 9 Section 1. | |
| 9168 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 284.1additional phlebotomists, and drug recognition training for peace officers, as defined in | |
| 9169 | + | 284.2Minnesota Statutes, section 626.84, subdivision 1, paragraph (c). | |
| 9170 | + | 284.3 (c) $....... in fiscal year 2024 is appropriated from the general fund to the commissioner | |
| 9171 | + | 284.4of public safety for the Minnesota State Patrol for the retirement and replacement of canines | |
| 9172 | + | 284.5and the related canine and trooper training costs. This is a onetime appropriation and is | |
| 9173 | + | 284.6available until June 30, 2025. | |
| 9174 | + | 284.7 Subd. 17.Department of Revenue.$....... in fiscal year 2024 and $....... in fiscal year | |
| 9175 | + | 284.82025 are appropriated from the general fund to the commissioner of revenue for the purposes | |
| 9176 | + | 284.9of this act. The base for this appropriation is $....... in fiscal year 2026 and $....... in fiscal | |
| 9177 | + | 284.10year 2027. | |
| 9178 | + | 284.11 Subd. 18.Supreme court.$....... in fiscal year 2024 and $....... in fiscal year 2025 are | |
| 9179 | + | 284.12appropriated from the general fund to the supreme court for reviewing records and issuing | |
| 9180 | + | 284.13orders related to the expungement or resentencing of certain cannabis offenses. The base | |
| 9181 | + | 284.14for this appropriation is $0 in fiscal year 2026 and thereafter. | |
| 9182 | + | 284.15 Subd. 19.Supreme court.$....... in fiscal year 2024 and $....... in fiscal year 2025 are | |
| 9183 | + | 284.16appropriated from the general fund to the supreme court for treatment court operations. | |
| 9184 | + | 284.17 Subd. 20.Substance use treatment, recovery, and prevention grant account.Money | |
| 9185 | + | 284.18for substance use treatment, recovery, and prevention is transferred from the general fund | |
| 9186 | + | 284.19to the substance use treatment, recovery, and prevention grant account established under | |
| 9187 | + | 284.20Minnesota Statutes, section 342.68. The transfer is $....... in fiscal years 2024 and 2025. The | |
| 9188 | + | 284.21base for this transfer is $....... in fiscal year 2026 and $....... in fiscal year 2027. | |
| 9170 | 9189 | 284Article 9 Section 1. | |
| 9171 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 285.1staffing and other expenses related to reviewing criminal convictions and issuing decisions | |
| 9172 | - | 285.2related to expungement and resentencing. The base for this appropriation is $....... in fiscal | |
| 9173 | - | 285.3years 2026, 2027, and 2028. The base in fiscal year 2029 and thereafter is $0. | |
| 9174 | - | 285.4 Subd. 4.Department of Commerce.$....... in fiscal year 2024 and $....... in fiscal year | |
| 9175 | - | 285.52025 are appropriated from the general fund to the commissioner of commerce for the | |
| 9176 | - | 285.6purposes of this act. The base for this appropriation is $....... in fiscal year 2026 and $....... | |
| 9177 | - | 285.7in fiscal year 2027. | |
| 9178 | - | 285.8 Subd. 5.Department of Corrections.An appropriation to the commissioner of | |
| 9179 | - | 285.9corrections for correctional institutions is reduced by $....... in fiscal year 2024 and $....... | |
| 9180 | - | 285.10in fiscal year 2025. The base for this appropriation is reduced by $....... in fiscal year 2026 | |
| 9181 | - | 285.11and $....... in fiscal year 2027. | |
| 9182 | - | 285.12 Subd. 6.Department of Education.$....... in fiscal year 2024 and $....... in fiscal year | |
| 9183 | - | 285.132025 are appropriated from the general fund to the commissioner of education for the | |
| 9184 | - | 285.14purposes of this act. | |
| 9185 | - | 285.15 Subd. 7.Department of Employment and Economic Development.(a) $....... in fiscal | |
| 9186 | - | 285.16year 2024 and $....... in fiscal year 2025 are appropriated from the general fund to the | |
| 9187 | - | 285.17commissioner of employment and economic development for the CanStartup, CanNavigate, | |
| 9188 | - | 285.18and CanTrain programs. Any unencumbered balances remaining in the first year do not | |
| 9189 | - | 285.19cancel but are available for the second year. | |
| 9190 | - | 285.20 (b) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9191 | - | 285.21in fiscal year 2025 are for the CanStartup program. | |
| 9192 | - | 285.22 (c) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9193 | - | 285.23in fiscal year 2025 are for the CanNavigate program. | |
| 9194 | - | 285.24 (d) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9195 | - | 285.25in fiscal year 2025 are for the CanTrain program. | |
| 9196 | - | 285.26 (e) Of these amounts, up to four percent may be used for administrative expenses. | |
| 9197 | - | 285.27 Subd. 8.Department of Health.(a) $....... in fiscal year 2024 and $....... in fiscal year | |
| 9198 | - | 285.282025 are appropriated from the general fund to the commissioner of health for the purposes | |
| 9199 | - | 285.29of this act. The base for this appropriation is $....... in fiscal year 2026 and $....... in fiscal | |
| 9200 | - | 285.30year 2027. | |
| 9201 | - | 285.31 (b) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9202 | - | 285.32in fiscal year 2025 are for education for individuals who are pregnant, breastfeeding, or | |
| 9203 | - | 285.33who may become pregnant. Of this amount, $....... each year is for media campaign contracts. | |
| 9204 | - | 285Article 9 Section 1. | |
| 9205 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 286.1The base for this appropriation is $....... in fiscal year 2026 and thereafter. Of the amounts | |
| 9206 | - | 286.2appropriated in fiscal year 2026 and thereafter, $....... is for media campaign contracts. | |
| 9207 | - | 286.3 (c) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9208 | - | 286.4in fiscal year 2025 are for data collection and reports. The base for this appropriation is | |
| 9209 | - | 286.5$....... in fiscal year 2026 and $....... in fiscal year 2027. | |
| 9210 | - | 286.6 (d) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9211 | - | 286.7in fiscal year 2025 are for testing required by this act. The base for this appropriation is | |
| 9212 | - | 286.8$....... in fiscal year 2026 and thereafter. | |
| 9213 | - | 286.9 (e) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9214 | - | 286.10in fiscal year 2025 are for education for youth. Of this amount, $....... each year is for | |
| 9215 | - | 286.11statewide youth awareness campaign contracts. The base for this appropriation is $....... in | |
| 9216 | - | 286.12fiscal year 2026 and thereafter. Of the amounts in fiscal year 2026 and thereafter, $....... is | |
| 9217 | - | 286.13for media campaign contracts. | |
| 9218 | - | 286.14 (f) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9219 | - | 286.15in fiscal year 2025 are for grants to local health departments for: (1) creation and | |
| 9220 | - | 286.16dissemination of educational materials on cannabis flower and cannabis products; and (2) | |
| 9221 | - | 286.17community education, technical assistance, and outreach on prevention and safe use regarding | |
| 9222 | - | 286.18cannabis flower and cannabis products. The commissioner shall distribute these grants | |
| 9223 | - | 286.19according to a contract with the Local Public Health Association of Minnesota. Of the | |
| 9224 | - | 286.20appropriations in this paragraph, the commissioner may withhold up to ten percent for grant | |
| 9225 | - | 286.21administration and technical assistance to local health departments. The base for this | |
| 9226 | - | 286.22appropriation is $....... in fiscal year 2026 and thereafter. | |
| 9227 | - | 286.23 (g) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9228 | - | 286.24in fiscal year 2025 are for grants to Tribal health departments for: (1) creation and | |
| 9229 | - | 286.25dissemination of educational materials on cannabis flower and cannabis products; and (2) | |
| 9230 | - | 286.26community education, technical assistance, and outreach on prevention and safe use regarding | |
| 9231 | - | 286.27cannabis flower and cannabis products. Of the appropriations in this paragraph, the | |
| 9232 | - | 286.28commissioner may withhold up to ten percent for grant administration and technical | |
| 9233 | - | 286.29assistance to Tribal health departments. The base for this appropriation is $....... in fiscal | |
| 9234 | - | 286.30year 2026 and thereafter. | |
| 9235 | - | 286.31 Subd. 9.Department of Health; Minnesota poison control system.$....... in fiscal | |
| 9236 | - | 286.32year 2024 and $....... in fiscal year 2025 are appropriated from the general fund to the | |
| 9237 | - | 286.33commissioner of health to support the poison control system and award or supplement grants | |
| 9238 | - | 286.34pursuant to Minnesota Statutes, section 145.93. | |
| 9239 | - | 286Article 9 Section 1. | |
| 9240 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 287.1 Subd. 10.Department of Human Services.(a) $....... in fiscal year 2024 and $....... in | |
| 9241 | - | 287.2fiscal year 2025 are appropriated from the general fund to the commissioner of human | |
| 9242 | - | 287.3services for the purposes of this act. The base for this appropriation is $....... in fiscal years | |
| 9243 | - | 287.42026, 2027, and 2028. The base in fiscal year 2029 and thereafter is $........ | |
| 9244 | - | 287.5 (b) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9245 | - | 287.6in fiscal year 2025 are for the Background Studies Legal Division. The base for this | |
| 9246 | - | 287.7appropriation is $....... in fiscal years 2026, 2027, and 2028. The base in fiscal year 2029 | |
| 9247 | - | 287.8and thereafter is $0. | |
| 9248 | - | 287.9 (c) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 is for | |
| 9249 | - | 287.10technology system changes. This is a onetime appropriation. | |
| 9250 | - | 287.11 Subd. 11.Department of Labor and Industry.$....... in fiscal year 2024 and $....... in | |
| 9251 | - | 287.12fiscal year 2025 are appropriated from the general fund to the commissioner of labor and | |
| 9252 | - | 287.13industry to identify occupational competency standards and provide technical assistance | |
| 9253 | - | 287.14for developing dual-training programs under Minnesota Statutes, section 175.45, for the | |
| 9254 | - | 287.15legal cannabis industry. | |
| 9255 | - | 287.16 Subd. 12.Department of Natural Resources.$....... in fiscal year 2024 is appropriated | |
| 9256 | - | 287.17from the general fund to the commissioner of natural resources for the purposes of this act. | |
| 9257 | - | 287.18This is a onetime appropriation. | |
| 9258 | - | 287.19 Subd. 13.Office of Higher Education.$....... in fiscal year 2024 and $....... in fiscal | |
| 9259 | - | 287.20year 2025 are appropriated from the general fund to the commissioner of higher education | |
| 9260 | - | 287.21for transfer to the dual training account in the special revenue fund under Minnesota Statutes, | |
| 9261 | - | 287.22section 136A.246, subdivision 10, for grants to employers in the legal cannabis industry. | |
| 9262 | - | 287.23The commissioner shall give priority to applications from employers who are, or who are | |
| 9263 | - | 287.24training employees who are, eligible to be social equity applicants under Minnesota Statutes, | |
| 9264 | - | 287.25section 342.15. | |
| 9265 | - | 287.26 Subd. 14.Pollution Control Agency.(a) $....... in fiscal year 2024 and $....... in fiscal | |
| 9266 | - | 287.27year 2025 are appropriated from the general fund to the commissioner of the Pollution | |
| 9267 | - | 287.28Control Agency for the purposes of this act. The base for this appropriation is $....... in fiscal | |
| 9268 | - | 287.29year 2026 and $0 in fiscal year 2027 and thereafter. | |
| 9269 | - | 287.30 (b) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9270 | - | 287.31in fiscal year 2025 are for rulemaking. The base for this appropriation is $0 in fiscal year | |
| 9271 | - | 287.322026 and thereafter. | |
| 9272 | - | 287Article 9 Section 1. | |
| 9273 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 288.1 (c) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 is for | |
| 9274 | - | 288.2wastewater staff. This is a onetime appropriation. | |
| 9275 | - | 288.3 (d) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9276 | - | 288.4in fiscal year 2025 are for small business assistance staff. The base for this appropriation | |
| 9277 | - | 288.5is $....... in fiscal year 2026 and $0 in fiscal year 2027 and thereafter. | |
| 9278 | - | 288.6 Subd. 15.Department of Public Safety; Bureau of Criminal Apprehension.(a) $....... | |
| 9279 | - | 288.7in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general fund to | |
| 9280 | - | 288.8the commissioner of public safety for use by the Bureau of Criminal Apprehension. The | |
| 9281 | - | 288.9base for this appropriation is $....... in fiscal years 2026, 2027, and 2028. The base in fiscal | |
| 9282 | - | 288.10year 2029 and thereafter is $........ | |
| 9283 | - | 288.11 (b) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9284 | - | 288.12in fiscal year 2025 are for expenses related to identifying and providing records of convictions | |
| 9285 | - | 288.13for certain offenses involving the possession of cannabis that may be eligible for | |
| 9286 | - | 288.14expungement and resentencing. The base for this appropriation is $....... in fiscal years 2026, | |
| 9287 | - | 288.152027, and 2028. The base in fiscal year 2029 and thereafter is $0. | |
| 9288 | - | 288.16 (c) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9289 | - | 288.17in fiscal year 2025 are for forensic science services including additional staff, equipment, | |
| 9290 | - | 288.18and supplies. | |
| 9291 | - | 288.19 (d) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... | |
| 9292 | - | 288.20in fiscal year 2025 are for investigation of diversion crimes. | |
| 9293 | - | 288.21 Subd. 16.Department of Public Safety; State Patrol.(a) $....... in fiscal year 2024 and | |
| 9294 | - | 288.22$....... in fiscal year 2025 are appropriated from the general fund to the commissioner of | |
| 9295 | - | 288.23public safety for use by the Minnesota State Patrol for the purposes of this act, including | |
| 9296 | - | 288.24identifying and investigating incidents and offenses that involve driving under the influence. | |
| 9297 | - | 288.25 (b) $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the | |
| 9298 | - | 288.26general fund to the commissioner of public safety for use by the Minnesota State Patrol for | |
| 9299 | - | 288.27its drug evaluation and classification program for drug recognition evaluator training, | |
| 9300 | - | 288.28additional phlebotomists, and drug recognition training for peace officers, as defined in | |
| 9301 | - | 288.29Minnesota Statutes, section 626.84, subdivision 1, paragraph (c). | |
| 9302 | - | 288.30 (c) $....... in fiscal year 2024 is appropriated from the general fund to the commissioner | |
| 9303 | - | 288.31of public safety for the Minnesota State Patrol for the retirement and replacement of canines | |
| 9304 | - | 288.32and the related canine and trooper training costs. This is a onetime appropriation and is | |
| 9305 | - | 288.33available until June 30, 2025. | |
| 9306 | - | 288Article 9 Section 1. | |
| 9307 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 289.1 Subd. 17.Department of Revenue.$....... in fiscal year 2024 and $....... in fiscal year | |
| 9308 | - | 289.22025 are appropriated from the general fund to the commissioner of revenue for the purposes | |
| 9309 | - | 289.3of this act. The base for this appropriation is $....... in fiscal year 2026 and $....... in fiscal | |
| 9310 | - | 289.4year 2027. | |
| 9311 | - | 289.5 Subd. 18.Supreme court.$....... in fiscal year 2024 and $....... in fiscal year 2025 are | |
| 9312 | - | 289.6appropriated from the general fund to the supreme court for reviewing records and issuing | |
| 9313 | - | 289.7orders related to the expungement or resentencing of certain cannabis offenses. The base | |
| 9314 | - | 289.8for this appropriation is $0 in fiscal year 2026 and thereafter. | |
| 9315 | - | 289.9 Subd. 19.Supreme court.$....... in fiscal year 2024 and $....... in fiscal year 2025 are | |
| 9316 | - | 289.10appropriated from the general fund to the supreme court for treatment court operations. | |
| 9317 | - | 289.11 Subd. 20.Substance use treatment, recovery, and prevention grant account.Money | |
| 9318 | - | 289.12for substance use treatment, recovery, and prevention is transferred from the general fund | |
| 9319 | - | 289.13to the substance use treatment, recovery, and prevention grant account established under | |
| 9320 | - | 289.14Minnesota Statutes, section 342.68. The transfer is $....... in fiscal years 2024 and 2025. The | |
| 9321 | - | 289.15base for this transfer is $....... in fiscal year 2026 and $....... in fiscal year 2027. | |
| 9322 | - | 289Article 9 Section 1. | |
| 9323 | - | S0073-10 10th EngrossmentSF73 REVISOR BD 34A.01 DEFINITIONS. | |
| 9324 | - | Subd. 4.Food."Food" means every ingredient used for, entering into the consumption of, or | |
| 9325 | - | used or intended for use in the preparation of food, drink, confectionery, or condiment for humans | |
| 9326 | - | or other animals, whether simple, mixed, or compound; and articles used as components of these | |
| 9327 | - | ingredients, except that edible cannabinoid products, as defined in section 151.72, subdivision 1, | |
| 9328 | - | paragraph (c), are not food. | |
| 9329 | - | 151.72 SALE OF CERTAIN CANNABINOID PRODUCTS. | |
| 9190 | + | S0073-9 9th EngrossmentSF73 REVISOR BD 151.72 SALE OF CERTAIN CANNABINOID PRODUCTS. | |
| 9330 | 9191 | Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have the | |
| 9331 | 9192 | meanings given. | |
| 9332 | 9193 | (b) "Certified hemp" means hemp plants that have been tested and found to meet the requirements | |
| 9333 | 9194 | of chapter 18K and the rules adopted thereunder. | |
| 9334 | 9195 | (c) "Edible cannabinoid product" means any product that is intended to be eaten or consumed | |
| 9335 | 9196 | as a beverage by humans, contains a cannabinoid in combination with food ingredients, and is not | |
| 9336 | 9197 | a drug. | |
| 9337 | 9198 | (d) "Hemp" has the meaning given to "industrial hemp" in section 18K.02, subdivision 3. | |
| 9338 | 9199 | (e) "Label" has the meaning given in section 151.01, subdivision 18. | |
| 9339 | 9200 | (f) "Labeling" means all labels and other written, printed, or graphic matter that are: | |
| 9340 | 9201 | (1) affixed to the immediate container in which a product regulated under this section is sold; | |
| 9341 | 9202 | (2) provided, in any manner, with the immediate container, including but not limited to outer | |
| 9342 | 9203 | containers, wrappers, package inserts, brochures, or pamphlets; or | |
| 9343 | 9204 | (3) provided on that portion of a manufacturer's website that is linked by a scannable barcode | |
| 9344 | 9205 | or matrix barcode. | |
| 9345 | 9206 | (g) "Matrix barcode" means a code that stores data in a two-dimensional array of geometrically | |
| 9346 | 9207 | shaped dark and light cells capable of being read by the camera on a smartphone or other mobile | |
| 9347 | 9208 | device. | |
| 9348 | 9209 | (h) "Nonintoxicating cannabinoid" means substances extracted from certified hemp plants that | |
| 9349 | 9210 | do not produce intoxicating effects when consumed by any route of administration. | |
| 9350 | 9211 | Subd. 2.Scope.(a) This section applies to the sale of any product that contains cannabinoids | |
| 9351 | 9212 | extracted from hemp and that is an edible cannabinoid product or is intended for human or animal | |
| 9352 | 9213 | consumption by any route of administration. | |
| 9353 | 9214 | (b) This section does not apply to any product dispensed by a registered medical cannabis | |
| 9354 | 9215 | manufacturer pursuant to sections 152.22 to 152.37. | |
| 9355 | 9216 | (c) The board must have no authority over food products, as defined in section 34A.01, | |
| 9356 | 9217 | subdivision 4, that do not contain cannabinoids extracted or derived from hemp. | |
| 9357 | 9218 | Subd. 3.Sale of cannabinoids derived from hemp.(a) Notwithstanding any other section of | |
| 9358 | 9219 | this chapter, a product containing nonintoxicating cannabinoids, including an edible cannabinoid | |
| 9359 | 9220 | product, may be sold for human or animal consumption only if all of the requirements of this section | |
| 9360 | 9221 | are met, provided that a product sold for human or animal consumption does not contain more than | |
| 9361 | 9222 | 0.3 percent of any tetrahydrocannabinol and an edible cannabinoid product does not contain an | |
| 9362 | 9223 | amount of any tetrahydrocannabinol that exceeds the limits established in subdivision 5a, paragraph | |
| 9363 | 9224 | (f). | |
| 9364 | 9225 | (b) No other substance extracted or otherwise derived from hemp may be sold for human | |
| 9365 | 9226 | consumption if the substance is intended: | |
| 9366 | 9227 | (1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention of | |
| 9367 | 9228 | disease in humans or other animals; or | |
| 9368 | 9229 | (2) to affect the structure or any function of the bodies of humans or other animals. | |
| 9369 | 9230 | (c) No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise | |
| 9370 | 9231 | derived from hemp may be sold to any individual who is under the age of 21. | |
| 9371 | 9232 | (d) Products that meet the requirements of this section are not controlled substances under | |
| 9372 | 9233 | section 152.02. | |
| 9373 | - | 1R | |
| 9374 | - | APPENDIX | |
| 9375 | - | Repealed Minnesota Statutes: S0073-10 Subd. 4.Testing requirements.(a) A manufacturer of a product regulated under this section | |
| 9234 | + | Subd. 4.Testing requirements.(a) A manufacturer of a product regulated under this section | |
| 9376 | 9235 | must submit representative samples of the product to an independent, accredited laboratory in order | |
| 9377 | 9236 | to certify that the product complies with the standards adopted by the board. Testing must be | |
| 9378 | 9237 | consistent with generally accepted industry standards for herbal and botanical substances, and, at | |
| 9379 | 9238 | a minimum, the testing must confirm that the product: | |
| 9380 | 9239 | (1) contains the amount or percentage of cannabinoids that is stated on the label of the product; | |
| 9381 | - | (2) does not contain more than trace amounts of any mold, residual solvents, pesticides, fertilizers, | |
| 9240 | + | 1R | |
| 9241 | + | APPENDIX | |
| 9242 | + | Repealed Minnesota Statutes: S0073-9 (2) does not contain more than trace amounts of any mold, residual solvents, pesticides, fertilizers, | |
| 9382 | 9243 | or heavy metals; and | |
| 9383 | 9244 | (3) does not contain more than 0.3 percent of any tetrahydrocannabinol. | |
| 9384 | 9245 | (b) Upon the request of the board, the manufacturer of the product must provide the board with | |
| 9385 | 9246 | the results of the testing required in this section. | |
| 9386 | 9247 | (c) Testing of the hemp from which the nonintoxicating cannabinoid was derived, or possession | |
| 9387 | 9248 | of a certificate of analysis for such hemp, does not meet the testing requirements of this section. | |
| 9388 | 9249 | Subd. 5.Labeling requirements.(a) A product regulated under this section must bear a label | |
| 9389 | 9250 | that contains, at a minimum: | |
| 9390 | 9251 | (1) the name, location, contact phone number, and website of the manufacturer of the product; | |
| 9391 | 9252 | (2) the name and address of the independent, accredited laboratory used by the manufacturer | |
| 9392 | 9253 | to test the product; and | |
| 9393 | 9254 | (3) an accurate statement of the amount or percentage of cannabinoids found in each unit of the | |
| 9394 | 9255 | product meant to be consumed. | |
| 9395 | 9256 | (b) The information in paragraph (a) may be provided on an outer package if the immediate | |
| 9396 | 9257 | container that holds the product is too small to contain all of the information. | |
| 9397 | 9258 | (c) The information required in paragraph (a) may be provided through the use of a scannable | |
| 9398 | 9259 | barcode or matrix barcode that links to a page on the manufacturer's website if that page contains | |
| 9399 | 9260 | all of the information required by this subdivision. | |
| 9400 | 9261 | (d) The label must also include a statement stating that the product does not claim to diagnose, | |
| 9401 | 9262 | treat, cure, or prevent any disease and has not been evaluated or approved by the United States | |
| 9402 | 9263 | Food and Drug Administration (FDA) unless the product has been so approved. | |
| 9403 | 9264 | (e) The information required by this subdivision must be prominently and conspicuously placed | |
| 9404 | 9265 | on the label or displayed on the website in terms that can be easily read and understood by the | |
| 9405 | 9266 | consumer. | |
| 9406 | 9267 | (f) The labeling must not contain any claim that the product may be used or is effective for the | |
| 9407 | 9268 | prevention, treatment, or cure of a disease or that it may be used to alter the structure or function | |
| 9408 | 9269 | of human or animal bodies, unless the claim has been approved by the FDA. | |
| 9409 | 9270 | Subd. 5a.Additional requirements for edible cannabinoid products.(a) In addition to the | |
| 9410 | 9271 | testing and labeling requirements under subdivisions 4 and 5, an edible cannabinoid must meet the | |
| 9411 | 9272 | requirements of this subdivision. | |
| 9412 | 9273 | (b) An edible cannabinoid product must not: | |
| 9413 | 9274 | (1) bear the likeness or contain cartoon-like characteristics of a real or fictional person, animal, | |
| 9414 | 9275 | or fruit that appeals to children; | |
| 9415 | 9276 | (2) be modeled after a brand of products primarily consumed by or marketed to children; | |
| 9416 | 9277 | (3) be made by applying an extracted or concentrated hemp-derived cannabinoid to a | |
| 9417 | 9278 | commercially available candy or snack food item; | |
| 9418 | 9279 | (4) contain an ingredient, other than a hemp-derived cannabinoid, that is not approved by the | |
| 9419 | 9280 | United States Food and Drug Administration for use in food; | |
| 9420 | 9281 | (5) be packaged in a way that resembles the trademarked, characteristic, or product-specialized | |
| 9421 | 9282 | packaging of any commercially available food product; or | |
| 9422 | 9283 | (6) be packaged in a container that includes a statement, artwork, or design that could reasonably | |
| 9423 | 9284 | mislead any person to believe that the package contains anything other than an edible cannabinoid | |
| 9424 | 9285 | product. | |
| 9425 | - | 2R | |
| 9426 | - | APPENDIX | |
| 9427 | - | Repealed Minnesota Statutes: S0073-10 (c) An edible cannabinoid product must be prepackaged in packaging or a container that is | |
| 9286 | + | (c) An edible cannabinoid product must be prepackaged in packaging or a container that is | |
| 9428 | 9287 | child-resistant, tamper-evident, and opaque or placed in packaging or a container that is | |
| 9429 | 9288 | child-resistant, tamper-evident, and opaque at the final point of sale to a customer. The requirement | |
| 9430 | 9289 | that packaging be child-resistant does not apply to an edible cannabinoid product that is intended | |
| 9431 | 9290 | to be consumed as a beverage and which contains no more than a trace amount of any | |
| 9432 | 9291 | tetrahydrocannabinol. | |
| 9433 | - | (d) If an edible cannabinoid product is intended for more than a single use or contains multiple | |
| 9292 | + | 2R | |
| 9293 | + | APPENDIX | |
| 9294 | + | Repealed Minnesota Statutes: S0073-9 (d) If an edible cannabinoid product is intended for more than a single use or contains multiple | |
| 9434 | 9295 | servings, each serving must be indicated by scoring, wrapping, or other indicators designating the | |
| 9435 | 9296 | individual serving size. | |
| 9436 | 9297 | (e) A label containing at least the following information must be affixed to the packaging or | |
| 9437 | 9298 | container of all edible cannabinoid products sold to consumers: | |
| 9438 | 9299 | (1) the serving size; | |
| 9439 | 9300 | (2) the cannabinoid profile per serving and in total; | |
| 9440 | 9301 | (3) a list of ingredients, including identification of any major food allergens declared by name; | |
| 9441 | 9302 | and | |
| 9442 | 9303 | (4) the following statement: "Keep this product out of reach of children." | |
| 9443 | 9304 | (f) An edible cannabinoid product must not contain more than five milligrams of any | |
| 9444 | 9305 | tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any | |
| 9445 | 9306 | tetrahydrocannabinol per package. | |
| 9446 | 9307 | Subd. 6.Enforcement.(a) A product regulated under this section, including an edible | |
| 9447 | 9308 | cannabinoid product, shall be considered an adulterated drug if: | |
| 9448 | 9309 | (1) it consists, in whole or in part, of any filthy, putrid, or decomposed substance; | |
| 9449 | 9310 | (2) it has been produced, prepared, packed, or held under unsanitary conditions where it may | |
| 9450 | 9311 | have been rendered injurious to health, or where it may have been contaminated with filth; | |
| 9451 | 9312 | (3) its container is composed, in whole or in part, of any poisonous or deleterious substance | |
| 9452 | 9313 | that may render the contents injurious to health; | |
| 9453 | 9314 | (4) it contains any food additives, color additives, or excipients that have been found by the | |
| 9454 | 9315 | FDA to be unsafe for human or animal consumption; | |
| 9455 | 9316 | (5) it contains an amount or percentage of nonintoxicating cannabinoids that is different than | |
| 9456 | 9317 | the amount or percentage stated on the label; | |
| 9457 | 9318 | (6) it contains more than 0.3 percent of any tetrahydrocannabinol or, if the product is an edible | |
| 9458 | 9319 | cannabinoid product, an amount of tetrahydrocannabinol that exceeds the limits established in | |
| 9459 | 9320 | subdivision 5a, paragraph (f); or | |
| 9460 | 9321 | (7) it contains more than trace amounts of mold, residual solvents, pesticides, fertilizers, or | |
| 9461 | 9322 | heavy metals. | |
| 9462 | 9323 | (b) A product regulated under this section shall be considered a misbranded drug if the product's | |
| 9463 | 9324 | labeling is false or misleading in any manner or in violation of the requirements of this section. | |
| 9464 | 9325 | (c) The board's authority to issue cease and desist orders under section 151.06; to embargo | |
| 9465 | 9326 | adulterated and misbranded drugs under section 151.38; and to seek injunctive relief under section | |
| 9466 | 9327 | 214.11, extends to any violation of this section. | |
| 9467 | 9328 | 152.027 OTHER CONTROLLED SUBSTANCE OFFENSES. | |
| 9468 | 9329 | Subd. 3.Possession of marijuana in a motor vehicle.A person is guilty of a misdemeanor if | |
| 9469 | 9330 | the person is the owner of a private motor vehicle, or is the driver of the motor vehicle if the owner | |
| 9470 | 9331 | is not present, and possesses on the person, or knowingly keeps or allows to be kept within the area | |
| 9471 | 9332 | of the vehicle normally occupied by the driver or passengers, more than 1.4 grams of marijuana. | |
| 9472 | 9333 | This area of the vehicle does not include the trunk of the motor vehicle if the vehicle is equipped | |
| 9473 | 9334 | with a trunk, or another area of the vehicle not normally occupied by the driver or passengers if the | |
| 9474 | 9335 | vehicle is not equipped with a trunk. A utility or glove compartment is deemed to be within the | |
| 9475 | 9336 | area occupied by the driver and passengers. | |
| 9476 | 9337 | Subd. 4.Possession or sale of small amounts of marijuana.(a) A person who unlawfully | |
| 9477 | 9338 | sells a small amount of marijuana for no remuneration, or who unlawfully possesses a small amount | |
| 9478 | - | 3R | |
| 9479 | - | APPENDIX | |
| 9480 | - | Repealed Minnesota Statutes: S0073-10 of marijuana is guilty of a petty misdemeanor and shall be required to participate in a drug education | |
| 9339 | + | of marijuana is guilty of a petty misdemeanor and shall be required to participate in a drug education | |
| 9481 | 9340 | program unless the court enters a written finding that a drug education program is inappropriate. | |
| 9482 | 9341 | The program must be approved by an area mental health board with a curriculum approved by the | |
| 9483 | 9342 | state alcohol and drug abuse authority. | |
| 9484 | 9343 | (b) A person convicted of an unlawful sale under paragraph (a) who is subsequently convicted | |
| 9485 | 9344 | of an unlawful sale under paragraph (a) within two years is guilty of a misdemeanor and shall be | |
| 9486 | - | required to participate in a chemical dependency evaluation and treatment if so indicated by the | |
| 9345 | + | 3R | |
| 9346 | + | APPENDIX | |
| 9347 | + | Repealed Minnesota Statutes: S0073-9 required to participate in a chemical dependency evaluation and treatment if so indicated by the | |
| 9487 | 9348 | evaluation. | |
| 9488 | 9349 | (c) A person who is convicted of a petty misdemeanor under paragraph (a) who willfully and | |
| 9489 | 9350 | intentionally fails to comply with the sentence imposed, is guilty of a misdemeanor. Compliance | |
| 9490 | 9351 | with the terms of the sentence imposed before conviction under this paragraph is an absolute defense. | |
| 9491 | 9352 | 152.21 THC THERAPEUTIC RESEARCH ACT. | |
| 9492 | 9353 | Subdivision 1.Findings and purpose.The legislature finds that scientific literature indicates | |
| 9493 | 9354 | promise for delta-9-tetrahydro-cannabinol (THC), the active component of marijuana, in alleviating | |
| 9494 | 9355 | certain side effects of cancer chemotherapy under strictly controlled medical circumstances. | |
| 9495 | 9356 | The legislature also finds that further research and strictly controlled experimentation regarding | |
| 9496 | 9357 | the therapeutic use of THC is necessary and desirable. The intent of this section is to establish an | |
| 9497 | 9358 | extensive research program to investigate and report on the therapeutic effects of THC under strictly | |
| 9498 | 9359 | controlled circumstances in compliance with all federal laws and regulations promulgated by the | |
| 9499 | 9360 | federal Food and Drug Administration, the National Institute on Drug Abuse and the Drug | |
| 9500 | 9361 | Enforcement Administration. The intent of the legislature is to allow this research program the | |
| 9501 | 9362 | greatest possible access to qualified cancer patients residing in Minnesota who meet protocol | |
| 9502 | 9363 | requirements. The establishment of this research program is not intended in any manner whatsoever | |
| 9503 | 9364 | to condone or promote the illicit recreational use of marijuana. | |
| 9504 | 9365 | Subd. 2.Definitions.For purposes of this section, the following terms shall have the meanings | |
| 9505 | 9366 | given. | |
| 9506 | 9367 | (a) "Commissioner" means the commissioner of health. | |
| 9507 | 9368 | (b) "Marijuana" means marijuana as defined in section 152.01, subdivision 9, and | |
| 9508 | 9369 | delta-9-tetrahydro-cannabinol (THC), tetrahydrocannabinols or a chemical derivative of | |
| 9509 | 9370 | tetrahydrocannabinols, and all species of the genus Cannabis. | |
| 9510 | 9371 | (c) "Principal investigator" means the individual responsible for the medical and scientific | |
| 9511 | 9372 | aspects of the research, development of protocol, and contacting and qualifying the clinical | |
| 9512 | 9373 | investigators in the state. | |
| 9513 | 9374 | (d) "Clinical investigators" means those individuals who conduct the clinical trials. | |
| 9514 | 9375 | (e) "Sponsor" means that individual or organization who, acting on behalf of the state, has the | |
| 9515 | 9376 | total responsibility for the state program. | |
| 9516 | 9377 | Subd. 3.Research grant.The commissioner of health shall grant funds to the principal | |
| 9517 | 9378 | investigator selected by the commissioner pursuant to subdivision 4 for the purpose of conducting | |
| 9518 | 9379 | a research program under a protocol approved by the FDA regarding the therapeutic use of oral | |
| 9519 | 9380 | THC and other dosage forms, if available, according to the guidelines and requirements of the | |
| 9520 | 9381 | federal Food and Drug Administration, the Drug Enforcement Administration and the National | |
| 9521 | 9382 | Institute on Drug Abuse. The commissioner shall ensure that the research principal investigator | |
| 9522 | 9383 | complies with the requirements of subdivision 5. The commissioner may designate the principal | |
| 9523 | 9384 | investigator as the sponsor. | |
| 9524 | 9385 | Subd. 4.Principal investigator.Within three months of April 25, 1980, the commissioner | |
| 9525 | 9386 | shall, in consultation with a representative chosen by the state Board of Pharmacy and a representative | |
| 9526 | 9387 | chosen by the state Board of Medical Examiners, select a person or research organization to be the | |
| 9527 | 9388 | principal investigator of the research program. | |
| 9528 | 9389 | Subd. 5.Duties.The principal investigator shall: | |
| 9529 | 9390 | (1) apply to the Food and Drug Administration for a notice of "Claimed Investigational | |
| 9530 | 9391 | Exemption for a New Drug (IND)" pursuant to the Federal Food, Drug and Cosmetic Act, United | |
| 9531 | 9392 | States Code, title 21, section 301, et seq., and shall comply with all applicable laws and regulations | |
| 9532 | 9393 | of the federal Food and Drug Administration, the Drug Enforcement Administration, and the National | |
| 9533 | 9394 | Institute on Drug Abuse in establishing the program; | |
| 9534 | - | 4R | |
| 9535 | - | APPENDIX | |
| 9536 | - | Repealed Minnesota Statutes: S0073-10 (2) notify every oncologist in the state of the program, explain the purposes and requirements | |
| 9395 | + | (2) notify every oncologist in the state of the program, explain the purposes and requirements | |
| 9537 | 9396 | of the program to them, provide on request each of them with a copy of the approved protocol which | |
| 9538 | 9397 | shall include summaries of current papers in medical journals reporting on research concerning the | |
| 9539 | 9398 | safety, efficacy and appropriate use of THC in alleviating the nausea and emetic effects of cancer | |
| 9540 | 9399 | chemotherapy, and provide on request each of them with a bibliography of other articles published | |
| 9541 | 9400 | in medical journals; | |
| 9542 | - | (3) allow each oncologist (clinical investigator) in the state who meets or agrees to meet all | |
| 9401 | + | 4R | |
| 9402 | + | APPENDIX | |
| 9403 | + | Repealed Minnesota Statutes: S0073-9 (3) allow each oncologist (clinical investigator) in the state who meets or agrees to meet all | |
| 9543 | 9404 | applicable federal requirements for investigational new drug research and who so requests to be | |
| 9544 | 9405 | included in the research program as a clinical investigator to conduct the clinical trials; | |
| 9545 | 9406 | (4) provide explanatory information and assistance to each clinical investigator in understanding | |
| 9546 | 9407 | the nature of therapeutic use of THC within program requirements, including the informed consent | |
| 9547 | 9408 | document contained in the protocol, informing and counseling patients involved in the program | |
| 9548 | 9409 | regarding the appropriate use and the effects of therapeutic use of THC; | |
| 9549 | 9410 | (5) apply to contract with the National Institute on Drug Abuse for receipt of dosage forms of | |
| 9550 | 9411 | THC, fully characterized as to contents and delivery to the human system, pursuant to regulations | |
| 9551 | 9412 | promulgated by the National Institute on Drug Abuse, and the federal Food and Drug Administration. | |
| 9552 | 9413 | The principal investigator shall ensure delivery of the THC dosages to clinical investigators as | |
| 9553 | 9414 | needed for participation in the program; | |
| 9554 | 9415 | (6) conduct the research program in compliance with federal laws and regulations promulgated | |
| 9555 | 9416 | by the federal Food and Drug Administration, the Drug Enforcement Administration, the National | |
| 9556 | 9417 | Institute on Drug Abuse, and the purposes and provisions of this section; | |
| 9557 | 9418 | (7) submit periodic reports as determined by the commissioner on the numbers of oncologists | |
| 9558 | 9419 | and patients involved in the program and the results of the program; | |
| 9559 | 9420 | (8) submit reports on intermediate or final research results, as appropriate, to the major scientific | |
| 9560 | 9421 | journals in the United States; and | |
| 9561 | 9422 | (9) otherwise comply with the provisions of this section. | |
| 9562 | 9423 | Subd. 6.Exemption from criminal sanctions.For the purposes of this section, the following | |
| 9563 | 9424 | are not violations under this chapter: | |
| 9564 | 9425 | (1) use or possession of THC, or both, by a patient in the research program; | |
| 9565 | 9426 | (2) possession, prescribing use of, administering, or dispensing THC, or any combination of | |
| 9566 | 9427 | these actions, by the principal investigator or by any clinical investigator; and | |
| 9567 | 9428 | (3) possession or distribution of THC, or both, by a pharmacy registered to handle Schedule I | |
| 9568 | 9429 | substances which stores THC on behalf of the principal investigator or a clinical investigator. | |
| 9569 | 9430 | THC obtained and distributed pursuant to this section is not subject to forfeiture under sections | |
| 9570 | 9431 | 609.531 to 609.5316. | |
| 9571 | 9432 | For the purposes of this section, THC is removed from Schedule I contained in section 152.02, | |
| 9572 | 9433 | subdivision 2, and inserted in Schedule II contained in section 152.02, subdivision 3. | |
| 9573 | 9434 | Subd. 7.Citation.This section may be cited as the "THC Therapeutic Research Act." | |
| 9574 | 9435 | 152.22 DEFINITIONS. | |
| 9575 | 9436 | Subdivision 1.Applicability.For purposes of sections 152.22 to 152.37, the terms defined in | |
| 9576 | 9437 | this section have the meanings given them. | |
| 9577 | 9438 | Subd. 2.Commissioner."Commissioner" means the commissioner of health. | |
| 9578 | 9439 | Subd. 3.Disqualifying felony offense."Disqualifying felony offense" means a violation of a | |
| 9579 | 9440 | state or federal controlled substance law that is a felony under Minnesota law, or would be a felony | |
| 9580 | 9441 | if committed in Minnesota, regardless of the sentence imposed, unless the commissioner determines | |
| 9581 | 9442 | that the person's conviction was for the medical use of cannabis or assisting with the medical use | |
| 9582 | 9443 | of cannabis. | |
| 9583 | 9444 | Subd. 4.Health care practitioner."Health care practitioner" means a Minnesota licensed | |
| 9584 | 9445 | doctor of medicine, a Minnesota licensed physician assistant, or a Minnesota licensed advanced | |
| 9585 | 9446 | practice registered nurse who has the primary responsibility for the care and treatment of the | |
| 9586 | 9447 | qualifying medical condition of a person diagnosed with a qualifying medical condition. | |
| 9587 | - | 5R | |
| 9588 | - | APPENDIX | |
| 9589 | - | Repealed Minnesota Statutes: S0073-10 Subd. 5.Health records."Health records" means health records as defined in section 144.291, | |
| 9448 | + | Subd. 5.Health records."Health records" means health records as defined in section 144.291, | |
| 9590 | 9449 | subdivision 2, paragraph (c). | |
| 9591 | 9450 | Subd. 5a.Hemp."Hemp" has the meaning given to industrial hemp in section 18K.02, | |
| 9592 | 9451 | subdivision 3. | |
| 9593 | 9452 | Subd. 5b.Hemp grower."Hemp grower" means a person licensed by the commissioner of | |
| 9594 | 9453 | agriculture under chapter 18K to grow hemp for commercial purposes. | |
| 9595 | - | Subd. 6.Medical cannabis.(a) "Medical cannabis" means any species of the genus cannabis | |
| 9454 | + | 5R | |
| 9455 | + | APPENDIX | |
| 9456 | + | Repealed Minnesota Statutes: S0073-9 Subd. 6.Medical cannabis.(a) "Medical cannabis" means any species of the genus cannabis | |
| 9596 | 9457 | plant, or any mixture or preparation of them, including whole plant extracts and resins, and is | |
| 9597 | 9458 | delivered in the form of: | |
| 9598 | 9459 | (1) liquid, including, but not limited to, oil; | |
| 9599 | 9460 | (2) pill; | |
| 9600 | 9461 | (3) vaporized delivery method with use of liquid or oil; | |
| 9601 | 9462 | (4) combustion with use of dried raw cannabis; or | |
| 9602 | 9463 | (5) any other method approved by the commissioner. | |
| 9603 | 9464 | (b) This definition includes any part of the genus cannabis plant prior to being processed into | |
| 9604 | 9465 | a form allowed under paragraph (a), that is possessed by a person while that person is engaged in | |
| 9605 | 9466 | employment duties necessary to carry out a requirement under sections 152.22 to 152.37 for a | |
| 9606 | 9467 | registered manufacturer or a laboratory under contract with a registered manufacturer. This definition | |
| 9607 | 9468 | also includes any hemp acquired by a manufacturer by a hemp grower as permitted under section | |
| 9608 | 9469 | 152.29, subdivision 1, paragraph (b). | |
| 9609 | 9470 | Subd. 7.Medical cannabis manufacturer."Medical cannabis manufacturer" or "manufacturer" | |
| 9610 | 9471 | means an entity registered by the commissioner to cultivate, acquire, manufacture, possess, prepare, | |
| 9611 | 9472 | transfer, transport, supply, or dispense medical cannabis, delivery devices, or related supplies and | |
| 9612 | 9473 | educational materials. | |
| 9613 | 9474 | Subd. 8.Medical cannabis product."Medical cannabis product" means any delivery device | |
| 9614 | 9475 | or related supplies and educational materials used in the administration of medical cannabis for a | |
| 9615 | 9476 | patient with a qualifying medical condition enrolled in the registry program. | |
| 9616 | 9477 | Subd. 9.Patient."Patient" means a Minnesota resident who has been diagnosed with a qualifying | |
| 9617 | 9478 | medical condition by a health care practitioner and who has otherwise met any other requirements | |
| 9618 | 9479 | for patients under sections 152.22 to 152.37 to participate in the registry program under sections | |
| 9619 | 9480 | 152.22 to 152.37. | |
| 9620 | 9481 | Subd. 10.Patient registry number."Patient registry number" means a unique identification | |
| 9621 | 9482 | number assigned by the commissioner to a patient enrolled in the registry program. | |
| 9622 | 9483 | Subd. 11.Registered designated caregiver."Registered designated caregiver" means a person | |
| 9623 | 9484 | who: | |
| 9624 | 9485 | (1) is at least 18 years old; | |
| 9625 | 9486 | (2) does not have a conviction for a disqualifying felony offense; | |
| 9626 | 9487 | (3) has been approved by the commissioner to assist a patient who requires assistance in | |
| 9627 | 9488 | administering medical cannabis or obtaining medical cannabis from a distribution facility; and | |
| 9628 | 9489 | (4) is authorized by the commissioner to assist the patient with the use of medical cannabis. | |
| 9629 | 9490 | Subd. 12.Registry program."Registry program" means the patient registry established in | |
| 9630 | 9491 | sections 152.22 to 152.37. | |
| 9631 | 9492 | Subd. 13.Registry verification."Registry verification" means the verification provided by the | |
| 9632 | 9493 | commissioner that a patient is enrolled in the registry program and that includes the patient's name, | |
| 9633 | 9494 | registry number, and, if applicable, the name of the patient's registered designated caregiver or | |
| 9634 | 9495 | parent, legal guardian, or spouse. | |
| 9635 | 9496 | Subd. 14.Qualifying medical condition."Qualifying medical condition" means a diagnosis | |
| 9636 | 9497 | of any of the following conditions: | |
| 9637 | 9498 | (1) cancer, if the underlying condition or treatment produces one or more of the following: | |
| 9638 | 9499 | (i) severe or chronic pain; | |
| 9639 | - | 6R | |
| 9640 | - | APPENDIX | |
| 9641 | - | Repealed Minnesota Statutes: S0073-10 (ii) nausea or severe vomiting; or | |
| 9500 | + | (ii) nausea or severe vomiting; or | |
| 9642 | 9501 | (iii) cachexia or severe wasting; | |
| 9643 | 9502 | (2) glaucoma; | |
| 9644 | 9503 | (3) human immunodeficiency virus or acquired immune deficiency syndrome; | |
| 9645 | - | (4) Tourette's syndrome; | |
| 9504 | + | 6R | |
| 9505 | + | APPENDIX | |
| 9506 | + | Repealed Minnesota Statutes: S0073-9 (4) Tourette's syndrome; | |
| 9646 | 9507 | (5) amyotrophic lateral sclerosis; | |
| 9647 | 9508 | (6) seizures, including those characteristic of epilepsy; | |
| 9648 | 9509 | (7) severe and persistent muscle spasms, including those characteristic of multiple sclerosis; | |
| 9649 | 9510 | (8) inflammatory bowel disease, including Crohn's disease; | |
| 9650 | 9511 | (9) terminal illness, with a probable life expectancy of under one year, if the illness or its | |
| 9651 | 9512 | treatment produces one or more of the following: | |
| 9652 | 9513 | (i) severe or chronic pain; | |
| 9653 | 9514 | (ii) nausea or severe vomiting; or | |
| 9654 | 9515 | (iii) cachexia or severe wasting; or | |
| 9655 | 9516 | (10) any other medical condition or its treatment approved by the commissioner. | |
| 9656 | 9517 | 152.23 LIMITATIONS. | |
| 9657 | 9518 | (a) Nothing in sections 152.22 to 152.37 permits any person to engage in and does not prevent | |
| 9658 | 9519 | the imposition of any civil, criminal, or other penalties for: | |
| 9659 | 9520 | (1) undertaking any task under the influence of medical cannabis that would constitute negligence | |
| 9660 | 9521 | or professional malpractice; | |
| 9661 | 9522 | (2) possessing or engaging in the use of medical cannabis: | |
| 9662 | 9523 | (i) on a school bus or van; | |
| 9663 | 9524 | (ii) on the grounds of any preschool or primary or secondary school; | |
| 9664 | 9525 | (iii) in any correctional facility; or | |
| 9665 | 9526 | (iv) on the grounds of any child care facility or home day care; | |
| 9666 | 9527 | (3) vaporizing or combusting medical cannabis pursuant to section 152.22, subdivision 6: | |
| 9667 | 9528 | (i) on any form of public transportation; | |
| 9668 | 9529 | (ii) where the vapor would be inhaled by a nonpatient minor child or where the smoke would | |
| 9669 | 9530 | be inhaled by a minor child; or | |
| 9670 | 9531 | (iii) in any public place, including any indoor or outdoor area used by or open to the general | |
| 9671 | 9532 | public or a place of employment as defined under section 144.413, subdivision 1b; and | |
| 9672 | 9533 | (4) operating, navigating, or being in actual physical control of any motor vehicle, aircraft, train, | |
| 9673 | 9534 | or motorboat, or working on transportation property, equipment, or facilities while under the | |
| 9674 | 9535 | influence of medical cannabis. | |
| 9675 | 9536 | (b) Nothing in sections 152.22 to 152.37 require the medical assistance and MinnesotaCare | |
| 9676 | 9537 | programs to reimburse an enrollee or a provider for costs associated with the medical use of cannabis. | |
| 9677 | 9538 | Medical assistance and MinnesotaCare shall continue to provide coverage for all services related | |
| 9678 | 9539 | to treatment of an enrollee's qualifying medical condition if the service is covered under chapter | |
| 9679 | 9540 | 256B or 256L. | |
| 9680 | 9541 | 152.24 FEDERALLY APPROVED CLINICAL TRIALS. | |
| 9681 | 9542 | The commissioner may prohibit enrollment of a patient in the registry program if the patient is | |
| 9682 | 9543 | simultaneously enrolled in a federally approved clinical trial for the treatment of a qualifying medical | |
| 9683 | 9544 | condition with medical cannabis. The commissioner shall provide information to all patients enrolled | |
| 9684 | 9545 | in the registry program on the existence of federally approved clinical trials for the treatment of the | |
| 9685 | 9546 | patient's qualifying medical condition with medical cannabis as an alternative to enrollment in the | |
| 9686 | 9547 | patient registry program. | |
| 9687 | - | 7R | |
| 9688 | - | APPENDIX | |
| 9689 | - | Repealed Minnesota Statutes: S0073-10 152.25 COMMISSIONER DUTIES. | |
| 9548 | + | 152.25 COMMISSIONER DUTIES. | |
| 9690 | 9549 | Subdivision 1.Medical cannabis manufacturer registration.(a) The commissioner shall | |
| 9691 | 9550 | register two in-state manufacturers for the production of all medical cannabis within the state. A | |
| 9692 | 9551 | registration agreement between the commissioner and a manufacturer is nontransferable. The | |
| 9693 | 9552 | commissioner shall register new manufacturers or reregister the existing manufacturers by December | |
| 9694 | - | 1 every two years, using the factors described in this subdivision. The commissioner shall accept | |
| 9553 | + | 7R | |
| 9554 | + | APPENDIX | |
| 9555 | + | Repealed Minnesota Statutes: S0073-9 1 every two years, using the factors described in this subdivision. The commissioner shall accept | |
| 9695 | 9556 | applications after December 1, 2014, if one of the manufacturers registered before December 1, | |
| 9696 | 9557 | 2014, ceases to be registered as a manufacturer. The commissioner's determination that no | |
| 9697 | 9558 | manufacturer exists to fulfill the duties under sections 152.22 to 152.37 is subject to judicial review | |
| 9698 | 9559 | in Ramsey County District Court. Data submitted during the application process are private data | |
| 9699 | 9560 | on individuals or nonpublic data as defined in section 13.02 until the manufacturer is registered | |
| 9700 | 9561 | under this section. Data on a manufacturer that is registered are public data, unless the data are trade | |
| 9701 | 9562 | secret or security information under section 13.37. | |
| 9702 | 9563 | (b) As a condition for registration, a manufacturer must agree to: | |
| 9703 | 9564 | (1) begin supplying medical cannabis to patients by July 1, 2015; and | |
| 9704 | 9565 | (2) comply with all requirements under sections 152.22 to 152.37. | |
| 9705 | 9566 | (c) The commissioner shall consider the following factors when determining which manufacturer | |
| 9706 | 9567 | to register: | |
| 9707 | 9568 | (1) the technical expertise of the manufacturer in cultivating medical cannabis and converting | |
| 9708 | 9569 | the medical cannabis into an acceptable delivery method under section 152.22, subdivision 6; | |
| 9709 | 9570 | (2) the qualifications of the manufacturer's employees; | |
| 9710 | 9571 | (3) the long-term financial stability of the manufacturer; | |
| 9711 | 9572 | (4) the ability to provide appropriate security measures on the premises of the manufacturer; | |
| 9712 | 9573 | (5) whether the manufacturer has demonstrated an ability to meet the medical cannabis production | |
| 9713 | 9574 | needs required by sections 152.22 to 152.37; and | |
| 9714 | 9575 | (6) the manufacturer's projection and ongoing assessment of fees on patients with a qualifying | |
| 9715 | 9576 | medical condition. | |
| 9716 | 9577 | (d) If an officer, director, or controlling person of the manufacturer pleads or is found guilty of | |
| 9717 | 9578 | intentionally diverting medical cannabis to a person other than allowed by law under section 152.33, | |
| 9718 | 9579 | subdivision 1, the commissioner may decide not to renew the registration of the manufacturer, | |
| 9719 | 9580 | provided the violation occurred while the person was an officer, director, or controlling person of | |
| 9720 | 9581 | the manufacturer. | |
| 9721 | 9582 | (e) The commissioner shall require each medical cannabis manufacturer to contract with an | |
| 9722 | 9583 | independent laboratory to test medical cannabis produced by the manufacturer. The commissioner | |
| 9723 | 9584 | shall approve the laboratory chosen by each manufacturer and require that the laboratory report | |
| 9724 | 9585 | testing results to the manufacturer in a manner determined by the commissioner. | |
| 9725 | 9586 | Subd. 1a.Revocation or nonrenewal of a medical cannabis manufacturer registration.If | |
| 9726 | 9587 | the commissioner intends to revoke or not renew a registration issued under this section, the | |
| 9727 | 9588 | commissioner must first notify in writing the manufacturer against whom the action is to be taken | |
| 9728 | 9589 | and provide the manufacturer with an opportunity to request a hearing under the contested case | |
| 9729 | 9590 | provisions of chapter 14. If the manufacturer does not request a hearing by notifying the | |
| 9730 | 9591 | commissioner in writing within 20 days after receipt of the notice of proposed action, the | |
| 9731 | 9592 | commissioner may proceed with the action without a hearing. For revocations, the registration of | |
| 9732 | 9593 | a manufacturer is considered revoked on the date specified in the commissioner's written notice of | |
| 9733 | 9594 | revocation. | |
| 9734 | 9595 | Subd. 1b.Temporary suspension proceedings.The commissioner may institute proceedings | |
| 9735 | 9596 | to temporarily suspend the registration of a medical cannabis manufacturer for a period of up to 90 | |
| 9736 | 9597 | days by notifying the manufacturer in writing if any action by an employee, agent, officer, director, | |
| 9737 | 9598 | or controlling person of the manufacturer: | |
| 9738 | 9599 | (1) violates any of the requirements of sections 152.21 to 152.37 or the rules adopted thereunder; | |
| 9739 | 9600 | (2) permits, aids, or abets the commission of any violation of state law at the manufacturer's | |
| 9740 | 9601 | location for cultivation, harvesting, manufacturing, packaging, and processing or at any site for | |
| 9741 | 9602 | distribution of medical cannabis; | |
| 9603 | + | (3) performs any act contrary to the welfare of a registered patient or registered designated | |
| 9604 | + | caregiver; or | |
| 9605 | + | (4) obtains, or attempts to obtain, a registration by fraudulent means or misrepresentation. | |
| 9742 | 9606 | 8R | |
| 9743 | 9607 | APPENDIX | |
| 9744 | - | Repealed Minnesota Statutes: S0073-10 (3) performs any act contrary to the welfare of a registered patient or registered designated | |
| 9745 | - | caregiver; or | |
| 9746 | - | (4) obtains, or attempts to obtain, a registration by fraudulent means or misrepresentation. | |
| 9747 | - | Subd. 1c.Notice to patients.Upon the revocation or nonrenewal of a manufacturer's registration | |
| 9608 | + | Repealed Minnesota Statutes: S0073-9 Subd. 1c.Notice to patients.Upon the revocation or nonrenewal of a manufacturer's registration | |
| 9748 | 9609 | under subdivision 1a or implementation of an enforcement action under subdivision 1b that may | |
| 9749 | 9610 | affect the ability of a registered patient, registered designated caregiver, or a registered patient's | |
| 9750 | 9611 | parent, legal guardian, or spouse to obtain medical cannabis from the manufacturer subject to the | |
| 9751 | 9612 | enforcement action, the commissioner shall notify in writing each registered patient and the patient's | |
| 9752 | 9613 | registered designated caregiver or registered patient's parent, legal guardian, or spouse about the | |
| 9753 | 9614 | outcome of the proceeding and information regarding alternative registered manufacturers. This | |
| 9754 | 9615 | notice must be provided two or more business days prior to the effective date of the revocation, | |
| 9755 | 9616 | nonrenewal, or other enforcement action. | |
| 9756 | 9617 | Subd. 2.Range of compounds and dosages; report.The commissioner shall review and | |
| 9757 | 9618 | publicly report the existing medical and scientific literature regarding the range of recommended | |
| 9758 | 9619 | dosages for each qualifying condition and the range of chemical compositions of any plant of the | |
| 9759 | 9620 | genus cannabis that will likely be medically beneficial for each of the qualifying medical conditions. | |
| 9760 | 9621 | The commissioner shall make this information available to patients with qualifying medical | |
| 9761 | 9622 | conditions beginning December 1, 2014, and update the information annually. The commissioner | |
| 9762 | 9623 | may consult with the independent laboratory under contract with the manufacturer or other experts | |
| 9763 | 9624 | in reporting the range of recommended dosages for each qualifying medical condition, the range | |
| 9764 | 9625 | of chemical compositions that will likely be medically beneficial, and any risks of noncannabis | |
| 9765 | 9626 | drug interactions. The commissioner shall consult with each manufacturer on an annual basis on | |
| 9766 | 9627 | medical cannabis offered by the manufacturer. The list of medical cannabis offered by a manufacturer | |
| 9767 | 9628 | shall be published on the Department of Health website. | |
| 9768 | 9629 | Subd. 3.Deadlines.The commissioner shall adopt rules necessary for the manufacturer to begin | |
| 9769 | 9630 | distribution of medical cannabis to patients under the registry program by July 1, 2015, and have | |
| 9770 | 9631 | notice of proposed rules published in the State Register prior to January 1, 2015. | |
| 9771 | 9632 | Subd. 4.Reports.(a) The commissioner shall provide regular updates to the task force on | |
| 9772 | 9633 | medical cannabis therapeutic research and to the chairs and ranking minority members of the | |
| 9773 | 9634 | legislative committees with jurisdiction over health and human services, public safety, judiciary, | |
| 9774 | 9635 | and civil law regarding: (1) any changes in federal law or regulatory restrictions regarding the use | |
| 9775 | 9636 | of medical cannabis or hemp; and (2) the market demand and supply in this state for products made | |
| 9776 | 9637 | from hemp that can be used for medicinal purposes. | |
| 9777 | 9638 | (b) The commissioner may submit medical research based on the data collected under sections | |
| 9778 | 9639 | 152.22 to 152.37 to any federal agency with regulatory or enforcement authority over medical | |
| 9779 | 9640 | cannabis to demonstrate the effectiveness of medical cannabis for treating a qualifying medical | |
| 9780 | 9641 | condition. | |
| 9781 | 9642 | 152.26 RULEMAKING. | |
| 9782 | 9643 | (a) The commissioner may adopt rules to implement sections 152.22 to 152.37. Rules for which | |
| 9783 | 9644 | notice is published in the State Register before January 1, 2015, may be adopted using the process | |
| 9784 | 9645 | in section 14.389. | |
| 9785 | 9646 | (b) The commissioner may adopt or amend rules, using the procedure in section 14.386, | |
| 9786 | 9647 | paragraph (a), to implement the addition of dried raw cannabis as an allowable form of medical | |
| 9787 | 9648 | cannabis under section 152.22, subdivision 6, paragraph (a), clause (4). Section 14.386, paragraph | |
| 9788 | 9649 | (b), does not apply to these rules. | |
| 9789 | 9650 | 152.261 RULES; ADVERSE INCIDENTS. | |
| 9790 | 9651 | (a) The commissioner of health shall adopt rules to establish requirements for reporting incidents | |
| 9791 | 9652 | when individuals who are not authorized to possess medical cannabis under sections 152.22 to | |
| 9792 | 9653 | 152.37 are found in possession of medical cannabis. The rules must identify professionals required | |
| 9793 | 9654 | to report, the information they are required to report, and actions the reporter must take to secure | |
| 9794 | 9655 | the medical cannabis. | |
| 9795 | 9656 | (b) The commissioner of health shall adopt rules to establish requirements for law enforcement | |
| 9796 | 9657 | officials and health care professionals to report incidents involving an overdose of medical cannabis | |
| 9797 | 9658 | to the commissioner of health. | |
| 9798 | 9659 | (c) Rules must include the method by which the commissioner will collect and tabulate reports | |
| 9799 | 9660 | of unauthorized possession and overdose. | |
| 9661 | + | 152.27 PATIENT REGISTRY PROGRAM ESTABLISHED. | |
| 9662 | + | Subdivision 1.Patient registry program; establishment.(a) The commissioner shall establish | |
| 9663 | + | a patient registry program to evaluate data on patient demographics, effective treatment options, | |
| 9800 | 9664 | 9R | |
| 9801 | 9665 | APPENDIX | |
| 9802 | - | Repealed Minnesota Statutes: S0073-10 152.27 PATIENT REGISTRY PROGRAM ESTABLISHED. | |
| 9803 | - | Subdivision 1.Patient registry program; establishment.(a) The commissioner shall establish | |
| 9804 | - | a patient registry program to evaluate data on patient demographics, effective treatment options, | |
| 9805 | - | clinical outcomes, and quality-of-life outcomes for the purpose of reporting on the benefits, risks, | |
| 9666 | + | Repealed Minnesota Statutes: S0073-9 clinical outcomes, and quality-of-life outcomes for the purpose of reporting on the benefits, risks, | |
| 9806 | 9667 | and outcomes regarding patients with a qualifying medical condition engaged in the therapeutic | |
| 9807 | 9668 | use of medical cannabis. | |
| 9808 | 9669 | (b) The establishment of the registry program shall not be construed or interpreted to condone | |
| 9809 | 9670 | or promote the illicit recreational use of marijuana. | |
| 9810 | 9671 | Subd. 2.Commissioner duties.(a) The commissioner shall: | |
| 9811 | 9672 | (1) give notice of the program to health care practitioners in the state who are eligible to serve | |
| 9812 | 9673 | as health care practitioners and explain the purposes and requirements of the program; | |
| 9813 | 9674 | (2) allow each health care practitioner who meets or agrees to meet the program's requirements | |
| 9814 | 9675 | and who requests to participate, to be included in the registry program to collect data for the patient | |
| 9815 | 9676 | registry; | |
| 9816 | 9677 | (3) provide explanatory information and assistance to each health care practitioner in | |
| 9817 | 9678 | understanding the nature of therapeutic use of medical cannabis within program requirements; | |
| 9818 | 9679 | (4) create and provide a certification to be used by a health care practitioner for the practitioner | |
| 9819 | 9680 | to certify whether a patient has been diagnosed with a qualifying medical condition and include in | |
| 9820 | 9681 | the certification an option for the practitioner to certify whether the patient, in the health care | |
| 9821 | 9682 | practitioner's medical opinion, is developmentally or physically disabled and, as a result of that | |
| 9822 | 9683 | disability, the patient requires assistance in administering medical cannabis or obtaining medical | |
| 9823 | 9684 | cannabis from a distribution facility; | |
| 9824 | 9685 | (5) supervise the participation of the health care practitioner in conducting patient treatment | |
| 9825 | 9686 | and health records reporting in a manner that ensures stringent security and record-keeping | |
| 9826 | 9687 | requirements and that prevents the unauthorized release of private data on individuals as defined | |
| 9827 | 9688 | by section 13.02; | |
| 9828 | 9689 | (6) develop safety criteria for patients with a qualifying medical condition as a requirement of | |
| 9829 | 9690 | the patient's participation in the program, to prevent the patient from undertaking any task under | |
| 9830 | 9691 | the influence of medical cannabis that would constitute negligence or professional malpractice on | |
| 9831 | 9692 | the part of the patient; and | |
| 9832 | 9693 | (7) conduct research and studies based on data from health records submitted to the registry | |
| 9833 | 9694 | program and submit reports on intermediate or final research results to the legislature and major | |
| 9834 | 9695 | scientific journals. The commissioner may contract with a third party to complete the requirements | |
| 9835 | 9696 | of this clause. Any reports submitted must comply with section 152.28, subdivision 2. | |
| 9836 | 9697 | (b) The commissioner may add a delivery method under section 152.22, subdivision 6, or add, | |
| 9837 | 9698 | remove, or modify a qualifying medical condition under section 152.22, subdivision 14, upon a | |
| 9838 | 9699 | petition from a member of the public or the task force on medical cannabis therapeutic research or | |
| 9839 | 9700 | as directed by law. The commissioner shall evaluate all petitions to add a qualifying medical | |
| 9840 | 9701 | condition or to remove or modify an existing qualifying medical condition submitted by the task | |
| 9841 | 9702 | force on medical cannabis therapeutic research or as directed by law and may make the addition, | |
| 9842 | 9703 | removal, or modification if the commissioner determines the addition, removal, or modification is | |
| 9843 | 9704 | warranted based on the best available evidence and research. If the commissioner wishes to add a | |
| 9844 | 9705 | delivery method under section 152.22, subdivision 6, or add or remove a qualifying medical condition | |
| 9845 | 9706 | under section 152.22, subdivision 14, the commissioner must notify the chairs and ranking minority | |
| 9846 | 9707 | members of the legislative policy committees having jurisdiction over health and public safety of | |
| 9847 | 9708 | the addition or removal and the reasons for its addition or removal, including any written comments | |
| 9848 | 9709 | received by the commissioner from the public and any guidance received from the task force on | |
| 9849 | 9710 | medical cannabis research, by January 15 of the year in which the commissioner wishes to make | |
| 9850 | 9711 | the change. The change shall be effective on August 1 of that year, unless the legislature by law | |
| 9851 | 9712 | provides otherwise. | |
| 9852 | 9713 | Subd. 3.Patient application.(a) The commissioner shall develop a patient application for | |
| 9853 | 9714 | enrollment into the registry program. The application shall be available to the patient and given to | |
| 9854 | 9715 | health care practitioners in the state who are eligible to serve as health care practitioners. The | |
| 9855 | 9716 | application must include: | |
| 9856 | 9717 | (1) the name, mailing address, and date of birth of the patient; | |
| 9718 | + | (2) the name, mailing address, and telephone number of the patient's health care practitioner; | |
| 9857 | 9719 | 10R | |
| 9858 | 9720 | APPENDIX | |
| 9859 | - | Repealed Minnesota Statutes: S0073-10 (2) the name, mailing address, and telephone number of the patient's health care practitioner; | |
| 9860 | - | (3) the name, mailing address, and date of birth of the patient's designated caregiver, if any, or | |
| 9721 | + | Repealed Minnesota Statutes: S0073-9 (3) the name, mailing address, and date of birth of the patient's designated caregiver, if any, or | |
| 9861 | 9722 | the patient's parent, legal guardian, or spouse if the parent, legal guardian, or spouse will be acting | |
| 9862 | 9723 | as a caregiver; | |
| 9863 | 9724 | (4) a copy of the certification from the patient's health care practitioner that is dated within 90 | |
| 9864 | 9725 | days prior to submitting the application that certifies that the patient has been diagnosed with a | |
| 9865 | 9726 | qualifying medical condition; and | |
| 9866 | 9727 | (5) all other signed affidavits and enrollment forms required by the commissioner under sections | |
| 9867 | 9728 | 152.22 to 152.37, including, but not limited to, the disclosure form required under paragraph (c). | |
| 9868 | 9729 | (b) The commissioner shall require a patient to resubmit a copy of the certification from the | |
| 9869 | 9730 | patient's health care practitioner on a yearly basis and shall require that the recertification be dated | |
| 9870 | 9731 | within 90 days of submission. | |
| 9871 | 9732 | (c) The commissioner shall develop a disclosure form and require, as a condition of enrollment, | |
| 9872 | 9733 | all patients to sign a copy of the disclosure. The disclosure must include: | |
| 9873 | 9734 | (1) a statement that, notwithstanding any law to the contrary, the commissioner, or an employee | |
| 9874 | 9735 | of any state agency, may not be held civilly or criminally liable for any injury, loss of property, | |
| 9875 | 9736 | personal injury, or death caused by any act or omission while acting within the scope of office or | |
| 9876 | 9737 | employment under sections 152.22 to 152.37; and | |
| 9877 | 9738 | (2) the patient's acknowledgment that enrollment in the patient registry program is conditional | |
| 9878 | 9739 | on the patient's agreement to meet all of the requirements of sections 152.22 to 152.37. | |
| 9879 | 9740 | Subd. 4.Registered designated caregiver.(a) The commissioner shall register a designated | |
| 9880 | 9741 | caregiver for a patient if the patient requires assistance in administering medical cannabis or obtaining | |
| 9881 | 9742 | medical cannabis from a distribution facility and the caregiver has agreed, in writing, to be the | |
| 9882 | 9743 | patient's designated caregiver. As a condition of registration as a designated caregiver, the | |
| 9883 | 9744 | commissioner shall require the person to: | |
| 9884 | 9745 | (1) be at least 18 years of age; | |
| 9885 | 9746 | (2) agree to only possess the patient's medical cannabis for purposes of assisting the patient; | |
| 9886 | 9747 | and | |
| 9887 | 9748 | (3) agree that if the application is approved, the person will not be a registered designated | |
| 9888 | 9749 | caregiver for more than six registered patients at one time. Patients who reside in the same residence | |
| 9889 | 9750 | shall count as one patient. | |
| 9890 | 9751 | (b) The commissioner shall conduct a criminal background check on the designated caregiver | |
| 9891 | 9752 | prior to registration to ensure that the person does not have a conviction for a disqualifying felony | |
| 9892 | 9753 | offense. Any cost of the background check shall be paid by the person seeking registration as a | |
| 9893 | 9754 | designated caregiver. A designated caregiver must have the criminal background check renewed | |
| 9894 | 9755 | every two years. | |
| 9895 | 9756 | (c) Nothing in sections 152.22 to 152.37 shall be construed to prevent a person registered as a | |
| 9896 | 9757 | designated caregiver from also being enrolled in the registry program as a patient and possessing | |
| 9897 | 9758 | and using medical cannabis as a patient. | |
| 9898 | 9759 | Subd. 5.Parents, legal guardians, and spouses.A parent, legal guardian, or spouse of a patient | |
| 9899 | 9760 | may act as the caregiver to the patient without having to register as a designated caregiver. The | |
| 9900 | 9761 | parent, legal guardian, or spouse shall follow all of the requirements of parents, legal guardians, | |
| 9901 | 9762 | and spouses listed in sections 152.22 to 152.37. Nothing in sections 152.22 to 152.37 limits any | |
| 9902 | 9763 | legal authority a parent, legal guardian, or spouse may have for the patient under any other law. | |
| 9903 | 9764 | Subd. 6.Patient enrollment.(a) After receipt of a patient's application, application fees, and | |
| 9904 | 9765 | signed disclosure, the commissioner shall enroll the patient in the registry program and issue the | |
| 9905 | 9766 | patient and patient's registered designated caregiver or parent, legal guardian, or spouse, if applicable, | |
| 9906 | 9767 | a registry verification. The commissioner shall approve or deny a patient's application for | |
| 9907 | 9768 | participation in the registry program within 30 days after the commissioner receives the patient's | |
| 9908 | 9769 | application and application fee. The commissioner may approve applications up to 60 days after | |
| 9909 | 9770 | the receipt of a patient's application and application fees until January 1, 2016. A patient's enrollment | |
| 9910 | 9771 | in the registry program shall only be denied if the patient: | |
| 9911 | 9772 | (1) does not have certification from a health care practitioner that the patient has been diagnosed | |
| 9912 | 9773 | with a qualifying medical condition; | |
| 9913 | 9774 | 11R | |
| 9914 | 9775 | APPENDIX | |
| 9915 | - | Repealed Minnesota Statutes: S0073- | |
| 9776 | + | Repealed Minnesota Statutes: S0073-9 (2) has not signed and returned the disclosure form required under subdivision 3, paragraph (c), | |
| 9916 | 9777 | to the commissioner; | |
| 9917 | 9778 | (3) does not provide the information required; | |
| 9918 | 9779 | (4) has previously been removed from the registry program for violations of section 152.30 or | |
| 9919 | 9780 | 152.33; or | |
| 9920 | 9781 | (5) provides false information. | |
| 9921 | 9782 | (b) The commissioner shall give written notice to a patient of the reason for denying enrollment | |
| 9922 | 9783 | in the registry program. | |
| 9923 | 9784 | (c) Denial of enrollment into the registry program is considered a final decision of the | |
| 9924 | 9785 | commissioner and is subject to judicial review under the Administrative Procedure Act pursuant | |
| 9925 | 9786 | to chapter 14. | |
| 9926 | 9787 | (d) A patient's enrollment in the registry program may only be revoked upon the death of the | |
| 9927 | 9788 | patient or if a patient violates a requirement under section 152.30 or 152.33. | |
| 9928 | 9789 | (e) The commissioner shall develop a registry verification to provide to the patient, the health | |
| 9929 | 9790 | care practitioner identified in the patient's application, and to the manufacturer. The registry | |
| 9930 | 9791 | verification shall include: | |
| 9931 | 9792 | (1) the patient's name and date of birth; | |
| 9932 | 9793 | (2) the patient registry number assigned to the patient; and | |
| 9933 | 9794 | (3) the name and date of birth of the patient's registered designated caregiver, if any, or the | |
| 9934 | 9795 | name of the patient's parent, legal guardian, or spouse if the parent, legal guardian, or spouse will | |
| 9935 | 9796 | be acting as a caregiver. | |
| 9936 | 9797 | Subd. 7.Notice requirements.Patients and registered designated caregivers shall notify the | |
| 9937 | 9798 | commissioner of any address or name change within 30 days of the change having occurred. A | |
| 9938 | 9799 | patient or registered designated caregiver is subject to a $100 fine for failure to notify the | |
| 9939 | 9800 | commissioner of the change. | |
| 9940 | 9801 | 152.28 HEALTH CARE PRACTITIONER DUTIES. | |
| 9941 | 9802 | Subdivision 1.Health care practitioner duties.(a) Prior to a patient's enrollment in the registry | |
| 9942 | 9803 | program, a health care practitioner shall: | |
| 9943 | 9804 | (1) determine, in the health care practitioner's medical judgment, whether a patient suffers from | |
| 9944 | 9805 | a qualifying medical condition, and, if so determined, provide the patient with a certification of that | |
| 9945 | 9806 | diagnosis; | |
| 9946 | 9807 | (2) advise patients, registered designated caregivers, and parents, legal guardians, or spouses | |
| 9947 | 9808 | who are acting as caregivers of the existence of any nonprofit patient support groups or organizations; | |
| 9948 | 9809 | (3) provide explanatory information from the commissioner to patients with qualifying medical | |
| 9949 | 9810 | conditions, including disclosure to all patients about the experimental nature of therapeutic use of | |
| 9950 | 9811 | medical cannabis; the possible risks, benefits, and side effects of the proposed treatment; the | |
| 9951 | 9812 | application and other materials from the commissioner; and provide patients with the Tennessen | |
| 9952 | 9813 | warning as required by section 13.04, subdivision 2; and | |
| 9953 | 9814 | (4) agree to continue treatment of the patient's qualifying medical condition and report medical | |
| 9954 | 9815 | findings to the commissioner. | |
| 9955 | 9816 | (b) Upon notification from the commissioner of the patient's enrollment in the registry program, | |
| 9956 | 9817 | the health care practitioner shall: | |
| 9957 | 9818 | (1) participate in the patient registry reporting system under the guidance and supervision of | |
| 9958 | 9819 | the commissioner; | |
| 9959 | 9820 | (2) report health records of the patient throughout the ongoing treatment of the patient to the | |
| 9960 | 9821 | commissioner in a manner determined by the commissioner and in accordance with subdivision 2; | |
| 9961 | 9822 | (3) determine, on a yearly basis, if the patient continues to suffer from a qualifying medical | |
| 9962 | 9823 | condition and, if so, issue the patient a new certification of that diagnosis; and | |
| 9963 | 9824 | (4) otherwise comply with all requirements developed by the commissioner. | |
| 9964 | 9825 | 12R | |
| 9965 | 9826 | APPENDIX | |
| 9966 | - | Repealed Minnesota Statutes: S0073- | |
| 9827 | + | Repealed Minnesota Statutes: S0073-9 (c) A health care practitioner may conduct a patient assessment to issue a recertification as | |
| 9967 | 9828 | required under paragraph (b), clause (3), via telehealth, as defined in section 62A.673, subdivision | |
| 9968 | 9829 | 2. | |
| 9969 | 9830 | (d) Nothing in this section requires a health care practitioner to participate in the registry program. | |
| 9970 | 9831 | Subd. 2.Data.Data collected on patients by a health care practitioner and reported to the patient | |
| 9971 | 9832 | registry are health records under section 144.291, and are private data on individuals under section | |
| 9972 | 9833 | 13.02, but may be used or reported in an aggregated, nonidentifiable form as part of a scientific, | |
| 9973 | 9834 | peer-reviewed publication of research conducted under section 152.25 or in the creation of summary | |
| 9974 | 9835 | data, as defined in section 13.02, subdivision 19. | |
| 9975 | 9836 | Subd. 3.Advertising restrictions.(a) A health care practitioner shall not publish or cause to | |
| 9976 | 9837 | be published any advertisement that: | |
| 9977 | 9838 | (1) contains false or misleading statements about medical cannabis or about the medical cannabis | |
| 9978 | 9839 | registry program; | |
| 9979 | 9840 | (2) uses colloquial terms to refer to medical cannabis, such as pot, weed, or grass; | |
| 9980 | 9841 | (3) states or implies the health care practitioner is endorsed by the Department of Health or by | |
| 9981 | 9842 | the medical cannabis registry program; | |
| 9982 | 9843 | (4) includes images of cannabis in its plant or leaf form or of cannabis-smoking paraphernalia; | |
| 9983 | 9844 | or | |
| 9984 | 9845 | (5) contains medical symbols that could reasonably be confused with symbols of established | |
| 9985 | 9846 | medical associations or groups. | |
| 9986 | 9847 | (b) A health care practitioner found by the commissioner to have violated this subdivision is | |
| 9987 | 9848 | prohibited from certifying that patients have a qualifying medical condition for purposes of patient | |
| 9988 | 9849 | participation in the registry program. The commissioner's decision that a health care practitioner | |
| 9989 | 9850 | has violated this subdivision is a final decision of the commissioner and is not subject to the contested | |
| 9990 | 9851 | case procedures in chapter 14. | |
| 9991 | 9852 | 152.29 MANUFACTURER OF MEDICAL CANNABIS DUTIES. | |
| 9992 | 9853 | Subdivision 1.Manufacturer; requirements.(a) A manufacturer may operate eight distribution | |
| 9993 | 9854 | facilities, which may include the manufacturer's single location for cultivation, harvesting, | |
| 9994 | 9855 | manufacturing, packaging, and processing but is not required to include that location. The | |
| 9995 | 9856 | commissioner shall designate the geographical service areas to be served by each manufacturer | |
| 9996 | 9857 | based on geographical need throughout the state to improve patient access. A manufacturer shall | |
| 9997 | 9858 | not have more than two distribution facilities in each geographical service area assigned to the | |
| 9998 | 9859 | manufacturer by the commissioner. A manufacturer shall operate only one location where all | |
| 9999 | 9860 | cultivation, harvesting, manufacturing, packaging, and processing of medical cannabis shall be | |
| 10000 | 9861 | conducted. This location may be one of the manufacturer's distribution facility sites. The additional | |
| 10001 | 9862 | distribution facilities may dispense medical cannabis and medical cannabis products but may not | |
| 10002 | 9863 | contain any medical cannabis in a form other than those forms allowed under section 152.22, | |
| 10003 | 9864 | subdivision 6, and the manufacturer shall not conduct any cultivation, harvesting, manufacturing, | |
| 10004 | 9865 | packaging, or processing at the other distribution facility sites. Any distribution facility operated | |
| 10005 | 9866 | by the manufacturer is subject to all of the requirements applying to the manufacturer under sections | |
| 10006 | 9867 | 152.22 to 152.37, including, but not limited to, security and distribution requirements. | |
| 10007 | 9868 | (b) A manufacturer may acquire hemp grown in this state from a hemp grower, and may acquire | |
| 10008 | 9869 | hemp products produced by a hemp processor. A manufacturer may manufacture or process hemp | |
| 10009 | 9870 | and hemp products into an allowable form of medical cannabis under section 152.22, subdivision | |
| 10010 | 9871 | 6. Hemp and hemp products acquired by a manufacturer under this paragraph are subject to the | |
| 10011 | 9872 | same quality control program, security and testing requirements, and other requirements that apply | |
| 10012 | 9873 | to medical cannabis under sections 152.22 to 152.37 and Minnesota Rules, chapter 4770. | |
| 10013 | 9874 | (c) A medical cannabis manufacturer shall contract with a laboratory approved by the | |
| 10014 | 9875 | commissioner, subject to any additional requirements set by the commissioner, for purposes of | |
| 10015 | 9876 | testing medical cannabis manufactured or hemp or hemp products acquired by the medical cannabis | |
| 10016 | 9877 | manufacturer as to content, contamination, and consistency to verify the medical cannabis meets | |
| 10017 | 9878 | the requirements of section 152.22, subdivision 6. The cost of laboratory testing shall be paid by | |
| 10018 | 9879 | the manufacturer. | |
| 10019 | 9880 | (d) The operating documents of a manufacturer must include: | |
| 10020 | 9881 | 13R | |
| 10021 | 9882 | APPENDIX | |
| 10022 | - | Repealed Minnesota Statutes: S0073- | |
| 9883 | + | Repealed Minnesota Statutes: S0073-9 (1) procedures for the oversight of the manufacturer and procedures to ensure accurate record | |
| 10023 | 9884 | keeping; | |
| 10024 | 9885 | (2) procedures for the implementation of appropriate security measures to deter and prevent the | |
| 10025 | 9886 | theft of medical cannabis and unauthorized entrance into areas containing medical cannabis; and | |
| 10026 | 9887 | (3) procedures for the delivery and transportation of hemp between hemp growers and | |
| 10027 | 9888 | manufacturers and for the delivery and transportation of hemp products between hemp processors | |
| 10028 | 9889 | and manufacturers. | |
| 10029 | 9890 | (e) A manufacturer shall implement security requirements, including requirements for the | |
| 10030 | 9891 | delivery and transportation of hemp and hemp products, protection of each location by a fully | |
| 10031 | 9892 | operational security alarm system, facility access controls, perimeter intrusion detection systems, | |
| 10032 | 9893 | and a personnel identification system. | |
| 10033 | 9894 | (f) A manufacturer shall not share office space with, refer patients to a health care practitioner, | |
| 10034 | 9895 | or have any financial relationship with a health care practitioner. | |
| 10035 | 9896 | (g) A manufacturer shall not permit any person to consume medical cannabis on the property | |
| 10036 | 9897 | of the manufacturer. | |
| 10037 | 9898 | (h) A manufacturer is subject to reasonable inspection by the commissioner. | |
| 10038 | 9899 | (i) For purposes of sections 152.22 to 152.37, a medical cannabis manufacturer is not subject | |
| 10039 | 9900 | to the Board of Pharmacy licensure or regulatory requirements under chapter 151. | |
| 10040 | 9901 | (j) A medical cannabis manufacturer may not employ any person who is under 21 years of age | |
| 10041 | 9902 | or who has been convicted of a disqualifying felony offense. An employee of a medical cannabis | |
| 10042 | 9903 | manufacturer must submit a completed criminal history records check consent form, a full set of | |
| 10043 | 9904 | classifiable fingerprints, and the required fees for submission to the Bureau of Criminal Apprehension | |
| 10044 | 9905 | before an employee may begin working with the manufacturer. The bureau must conduct a Minnesota | |
| 10045 | 9906 | criminal history records check and the superintendent is authorized to exchange the fingerprints | |
| 10046 | 9907 | with the Federal Bureau of Investigation to obtain the applicant's national criminal history record | |
| 10047 | 9908 | information. The bureau shall return the results of the Minnesota and federal criminal history records | |
| 10048 | 9909 | checks to the commissioner. | |
| 10049 | 9910 | (k) A manufacturer may not operate in any location, whether for distribution or cultivation, | |
| 10050 | 9911 | harvesting, manufacturing, packaging, or processing, within 1,000 feet of a public or private school | |
| 10051 | 9912 | existing before the date of the manufacturer's registration with the commissioner. | |
| 10052 | 9913 | (l) A manufacturer shall comply with reasonable restrictions set by the commissioner relating | |
| 10053 | 9914 | to signage, marketing, display, and advertising of medical cannabis. | |
| 10054 | 9915 | (m) Before a manufacturer acquires hemp from a hemp grower or hemp products from a hemp | |
| 10055 | 9916 | processor, the manufacturer must verify that the hemp grower or hemp processor has a valid license | |
| 10056 | 9917 | issued by the commissioner of agriculture under chapter 18K. | |
| 10057 | 9918 | (n) Until a state-centralized, seed-to-sale system is implemented that can track a specific medical | |
| 10058 | 9919 | cannabis plant from cultivation through testing and point of sale, the commissioner shall conduct | |
| 10059 | 9920 | at least one unannounced inspection per year of each manufacturer that includes inspection of: | |
| 10060 | 9921 | (1) business operations; | |
| 10061 | 9922 | (2) physical locations of the manufacturer's manufacturing facility and distribution facilities; | |
| 10062 | 9923 | (3) financial information and inventory documentation, including laboratory testing results; and | |
| 10063 | 9924 | (4) physical and electronic security alarm systems. | |
| 10064 | 9925 | Subd. 2.Manufacturer; production.(a) A manufacturer of medical cannabis shall provide a | |
| 10065 | 9926 | reliable and ongoing supply of all medical cannabis needed for the registry program through | |
| 10066 | 9927 | cultivation by the manufacturer and through the purchase of hemp from hemp growers. | |
| 10067 | 9928 | (b) All cultivation, harvesting, manufacturing, packaging, and processing of medical cannabis | |
| 10068 | 9929 | must take place in an enclosed, locked facility at a physical address provided to the commissioner | |
| 10069 | 9930 | during the registration process. | |
| 10070 | 9931 | (c) A manufacturer must process and prepare any medical cannabis plant material or hemp plant | |
| 10071 | 9932 | material into a form allowable under section 152.22, subdivision 6, prior to distribution of any | |
| 10072 | 9933 | medical cannabis. | |
| 10073 | 9934 | 14R | |
| 10074 | 9935 | APPENDIX | |
| 10075 | - | Repealed Minnesota Statutes: S0073- | |
| 9936 | + | Repealed Minnesota Statutes: S0073-9 Subd. 3.Manufacturer; distribution.(a) A manufacturer shall require that employees licensed | |
| 10076 | 9937 | as pharmacists pursuant to chapter 151 be the only employees to give final approval for the | |
| 10077 | 9938 | distribution of medical cannabis to a patient. A manufacturer may transport medical cannabis or | |
| 10078 | 9939 | medical cannabis products that have been cultivated, harvested, manufactured, packaged, and | |
| 10079 | 9940 | processed by that manufacturer to another registered manufacturer for the other manufacturer to | |
| 10080 | 9941 | distribute. | |
| 10081 | 9942 | (b) A manufacturer may distribute medical cannabis products, whether or not the products have | |
| 10082 | 9943 | been manufactured by that manufacturer. | |
| 10083 | 9944 | (c) Prior to distribution of any medical cannabis, the manufacturer shall: | |
| 10084 | 9945 | (1) verify that the manufacturer has received the registry verification from the commissioner | |
| 10085 | 9946 | for that individual patient; | |
| 10086 | 9947 | (2) verify that the person requesting the distribution of medical cannabis is the patient, the | |
| 10087 | 9948 | patient's registered designated caregiver, or the patient's parent, legal guardian, or spouse listed in | |
| 10088 | 9949 | the registry verification using the procedures described in section 152.11, subdivision 2d; | |
| 10089 | 9950 | (3) assign a tracking number to any medical cannabis distributed from the manufacturer; | |
| 10090 | 9951 | (4) ensure that any employee of the manufacturer licensed as a pharmacist pursuant to chapter | |
| 10091 | 9952 | 151 has consulted with the patient to determine the proper dosage for the individual patient after | |
| 10092 | 9953 | reviewing the ranges of chemical compositions of the medical cannabis and the ranges of proper | |
| 10093 | 9954 | dosages reported by the commissioner. For purposes of this clause, a consultation may be conducted | |
| 10094 | 9955 | remotely by secure videoconference, telephone, or other remote means, so long as the employee | |
| 10095 | 9956 | providing the consultation is able to confirm the identity of the patient and the consultation adheres | |
| 10096 | 9957 | to patient privacy requirements that apply to health care services delivered through telehealth. A | |
| 10097 | 9958 | pharmacist consultation under this clause is not required when a manufacturer is distributing medical | |
| 10098 | 9959 | cannabis to a patient according to a patient-specific dosage plan established with that manufacturer | |
| 10099 | 9960 | and is not modifying the dosage or product being distributed under that plan and the medical cannabis | |
| 10100 | 9961 | is distributed by a pharmacy technician; | |
| 10101 | 9962 | (5) properly package medical cannabis in compliance with the United States Poison Prevention | |
| 10102 | 9963 | Packing Act regarding child-resistant packaging and exemptions for packaging for elderly patients, | |
| 10103 | 9964 | and label distributed medical cannabis with a list of all active ingredients and individually identifying | |
| 10104 | 9965 | information, including: | |
| 10105 | 9966 | (i) the patient's name and date of birth; | |
| 10106 | 9967 | (ii) the name and date of birth of the patient's registered designated caregiver or, if listed on the | |
| 10107 | 9968 | registry verification, the name of the patient's parent or legal guardian, if applicable; | |
| 10108 | 9969 | (iii) the patient's registry identification number; | |
| 10109 | 9970 | (iv) the chemical composition of the medical cannabis; and | |
| 10110 | 9971 | (v) the dosage; and | |
| 10111 | 9972 | (6) ensure that the medical cannabis distributed contains a maximum of a 90-day supply of the | |
| 10112 | 9973 | dosage determined for that patient. | |
| 10113 | 9974 | (d) A manufacturer shall require any employee of the manufacturer who is transporting medical | |
| 10114 | 9975 | cannabis or medical cannabis products to a distribution facility or to another registered manufacturer | |
| 10115 | 9976 | to carry identification showing that the person is an employee of the manufacturer. | |
| 10116 | 9977 | (e) A manufacturer shall distribute medical cannabis in dried raw cannabis form only to a patient | |
| 10117 | 9978 | age 21 or older, or to the registered designated caregiver, parent, legal guardian, or spouse of a | |
| 10118 | 9979 | patient age 21 or older. | |
| 10119 | 9980 | Subd. 3a.Transportation of medical cannabis; staffing.(a) A medical cannabis manufacturer | |
| 10120 | 9981 | may staff a transport motor vehicle with only one employee if the medical cannabis manufacturer | |
| 10121 | 9982 | is transporting medical cannabis to either a certified laboratory for the purpose of testing or a facility | |
| 10122 | 9983 | for the purpose of disposal. If the medical cannabis manufacturer is transporting medical cannabis | |
| 10123 | 9984 | for any other purpose or destination, the transport motor vehicle must be staffed with a minimum | |
| 10124 | 9985 | of two employees as required by rules adopted by the commissioner. | |
| 10125 | 9986 | (b) Notwithstanding paragraph (a), a medical cannabis manufacturer that is only transporting | |
| 10126 | 9987 | hemp for any purpose may staff the transport motor vehicle with only one employee. | |
| 10127 | 9988 | 15R | |
| 10128 | 9989 | APPENDIX | |
| 10129 | - | Repealed Minnesota Statutes: S0073- | |
| 9990 | + | Repealed Minnesota Statutes: S0073-9 Subd. 4.Report.Each manufacturer shall report to the commissioner on a monthly basis the | |
| 10130 | 9991 | following information on each individual patient for the month prior to the report: | |
| 10131 | 9992 | (1) the amount and dosages of medical cannabis distributed; | |
| 10132 | 9993 | (2) the chemical composition of the medical cannabis; and | |
| 10133 | 9994 | (3) the tracking number assigned to any medical cannabis distributed. | |
| 10134 | 9995 | 152.30 PATIENT DUTIES. | |
| 10135 | 9996 | (a) A patient shall apply to the commissioner for enrollment in the registry program by submitting | |
| 10136 | 9997 | an application as required in section 152.27 and an annual registration fee as determined under | |
| 10137 | 9998 | section 152.35. | |
| 10138 | 9999 | (b) As a condition of continued enrollment, patients shall agree to: | |
| 10139 | 10000 | (1) continue to receive regularly scheduled treatment for their qualifying medical condition | |
| 10140 | 10001 | from their health care practitioner; and | |
| 10141 | 10002 | (2) report changes in their qualifying medical condition to their health care practitioner. | |
| 10142 | 10003 | (c) A patient shall only receive medical cannabis from a registered manufacturer but is not | |
| 10143 | 10004 | required to receive medical cannabis products from only a registered manufacturer. | |
| 10144 | 10005 | 152.31 DATA PRACTICES. | |
| 10145 | 10006 | (a) Government data in patient files maintained by the commissioner and the health care | |
| 10146 | 10007 | practitioner, and data submitted to or by a medical cannabis manufacturer, are private data on | |
| 10147 | 10008 | individuals, as defined in section 13.02, subdivision 12, or nonpublic data, as defined in section | |
| 10148 | 10009 | 13.02, subdivision 9, but may be used for purposes of complying with chapter 13 and complying | |
| 10149 | 10010 | with a request from the legislative auditor or the state auditor in the performance of official duties. | |
| 10150 | 10011 | The provisions of section 13.05, subdivision 11, apply to a registration agreement entered between | |
| 10151 | 10012 | the commissioner and a medical cannabis manufacturer under section 152.25. | |
| 10152 | 10013 | (b) Not public data maintained by the commissioner may not be used for any purpose not | |
| 10153 | 10014 | provided for in sections 152.22 to 152.37, and may not be combined or linked in any manner with | |
| 10154 | 10015 | any other list, dataset, or database. | |
| 10155 | 10016 | (c) The commissioner may execute data sharing arrangements with the commissioner of | |
| 10156 | 10017 | agriculture to verify licensing, inspection, and compliance information related to hemp growers | |
| 10157 | 10018 | and hemp processors under chapter 18K. | |
| 10158 | 10019 | 152.32 PROTECTIONS FOR REGISTRY PROGRAM PARTICIPATION. | |
| 10159 | 10020 | Subdivision 1.Presumption.(a) There is a presumption that a patient enrolled in the registry | |
| 10160 | 10021 | program under sections 152.22 to 152.37 is engaged in the authorized use of medical cannabis. | |
| 10161 | 10022 | (b) The presumption may be rebutted by evidence that conduct related to use of medical cannabis | |
| 10162 | 10023 | was not for the purpose of treating or alleviating the patient's qualifying medical condition or | |
| 10163 | 10024 | symptoms associated with the patient's qualifying medical condition. | |
| 10164 | 10025 | Subd. 2.Criminal and civil protections.(a) Subject to section 152.23, the following are not | |
| 10165 | 10026 | violations under this chapter: | |
| 10166 | 10027 | (1) use or possession of medical cannabis or medical cannabis products by a patient enrolled | |
| 10167 | 10028 | in the registry program, or possession by a registered designated caregiver or the parent, legal | |
| 10168 | 10029 | guardian, or spouse of a patient if the parent, legal guardian, or spouse is listed on the registry | |
| 10169 | 10030 | verification; | |
| 10170 | 10031 | (2) possession, dosage determination, or sale of medical cannabis or medical cannabis products | |
| 10171 | 10032 | by a medical cannabis manufacturer, employees of a manufacturer, a laboratory conducting testing | |
| 10172 | 10033 | on medical cannabis, or employees of the laboratory; and | |
| 10173 | 10034 | (3) possession of medical cannabis or medical cannabis products by any person while carrying | |
| 10174 | 10035 | out the duties required under sections 152.22 to 152.37. | |
| 10175 | 10036 | (b) Medical cannabis obtained and distributed pursuant to sections 152.22 to 152.37 and | |
| 10176 | 10037 | associated property is not subject to forfeiture under sections 609.531 to 609.5316. | |
| 10177 | 10038 | (c) The commissioner, the commissioner's staff, the commissioner's agents or contractors, and | |
| 10178 | 10039 | any health care practitioner are not subject to any civil or disciplinary penalties by the Board of | |
| 10179 | 10040 | 16R | |
| 10180 | 10041 | APPENDIX | |
| 10181 | - | Repealed Minnesota Statutes: S0073- | |
| 10042 | + | Repealed Minnesota Statutes: S0073-9 Medical Practice, the Board of Nursing, or by any business, occupational, or professional licensing | |
| 10182 | 10043 | board or entity, solely for the participation in the registry program under sections 152.22 to 152.37. | |
| 10183 | 10044 | A pharmacist licensed under chapter 151 is not subject to any civil or disciplinary penalties by the | |
| 10184 | 10045 | Board of Pharmacy when acting in accordance with the provisions of sections 152.22 to 152.37. | |
| 10185 | 10046 | Nothing in this section affects a professional licensing board from taking action in response to | |
| 10186 | 10047 | violations of any other section of law. | |
| 10187 | 10048 | (d) Notwithstanding any law to the contrary, the commissioner, the governor of Minnesota, or | |
| 10188 | 10049 | an employee of any state agency may not be held civilly or criminally liable for any injury, loss of | |
| 10189 | 10050 | property, personal injury, or death caused by any act or omission while acting within the scope of | |
| 10190 | 10051 | office or employment under sections 152.22 to 152.37. | |
| 10191 | 10052 | (e) Federal, state, and local law enforcement authorities are prohibited from accessing the patient | |
| 10192 | 10053 | registry under sections 152.22 to 152.37 except when acting pursuant to a valid search warrant. | |
| 10193 | 10054 | (f) Notwithstanding any law to the contrary, neither the commissioner nor a public employee | |
| 10194 | 10055 | may release data or information about an individual contained in any report, document, or registry | |
| 10195 | 10056 | created under sections 152.22 to 152.37 or any information obtained about a patient participating | |
| 10196 | 10057 | in the program, except as provided in sections 152.22 to 152.37. | |
| 10197 | 10058 | (g) No information contained in a report, document, or registry or obtained from a patient under | |
| 10198 | 10059 | sections 152.22 to 152.37 may be admitted as evidence in a criminal proceeding unless independently | |
| 10199 | 10060 | obtained or in connection with a proceeding involving a violation of sections 152.22 to 152.37. | |
| 10200 | 10061 | (h) Notwithstanding section 13.09, any person who violates paragraph (e) or (f) is guilty of a | |
| 10201 | 10062 | gross misdemeanor. | |
| 10202 | 10063 | (i) An attorney may not be subject to disciplinary action by the Minnesota Supreme Court or | |
| 10203 | 10064 | professional responsibility board for providing legal assistance to prospective or registered | |
| 10204 | 10065 | manufacturers or others related to activity that is no longer subject to criminal penalties under state | |
| 10205 | 10066 | law pursuant to sections 152.22 to 152.37. | |
| 10206 | 10067 | (j) Possession of a registry verification or application for enrollment in the program by a person | |
| 10207 | 10068 | entitled to possess or apply for enrollment in the registry program does not constitute probable | |
| 10208 | 10069 | cause or reasonable suspicion, nor shall it be used to support a search of the person or property of | |
| 10209 | 10070 | the person possessing or applying for the registry verification, or otherwise subject the person or | |
| 10210 | 10071 | property of the person to inspection by any governmental agency. | |
| 10211 | 10072 | Subd. 3.Discrimination prohibited.(a) No school or landlord may refuse to enroll or lease to | |
| 10212 | 10073 | and may not otherwise penalize a person solely for the person's status as a patient enrolled in the | |
| 10213 | 10074 | registry program under sections 152.22 to 152.37, unless failing to do so would violate federal law | |
| 10214 | 10075 | or regulations or cause the school or landlord to lose a monetary or licensing-related benefit under | |
| 10215 | 10076 | federal law or regulations. | |
| 10216 | 10077 | (b) For the purposes of medical care, including organ transplants, a registry program enrollee's | |
| 10217 | 10078 | use of medical cannabis under sections 152.22 to 152.37 is considered the equivalent of the authorized | |
| 10218 | 10079 | use of any other medication used at the discretion of a physician, advanced practice registered nurse, | |
| 10219 | 10080 | or physician assistant and does not constitute the use of an illicit substance or otherwise disqualify | |
| 10220 | 10081 | a patient from needed medical care. | |
| 10221 | 10082 | (c) Unless a failure to do so would violate federal law or regulations or cause an employer to | |
| 10222 | 10083 | lose a monetary or licensing-related benefit under federal law or regulations, an employer may not | |
| 10223 | 10084 | discriminate against a person in hiring, termination, or any term or condition of employment, or | |
| 10224 | 10085 | otherwise penalize a person, if the discrimination is based upon either of the following: | |
| 10225 | 10086 | (1) the person's status as a patient enrolled in the registry program under sections 152.22 to | |
| 10226 | 10087 | 152.37; or | |
| 10227 | 10088 | (2) a patient's positive drug test for cannabis components or metabolites, unless the patient used, | |
| 10228 | 10089 | possessed, or was impaired by medical cannabis on the premises of the place of employment or | |
| 10229 | 10090 | during the hours of employment. | |
| 10230 | 10091 | (d) An employee who is required to undergo employer drug testing pursuant to section 181.953 | |
| 10231 | 10092 | may present verification of enrollment in the patient registry as part of the employee's explanation | |
| 10232 | 10093 | under section 181.953, subdivision 6. | |
| 10233 | 10094 | (e) A person shall not be denied custody of a minor child or visitation rights or parenting time | |
| 10234 | 10095 | with a minor child solely based on the person's status as a patient enrolled in the registry program | |
| 10235 | 10096 | under sections 152.22 to 152.37. There shall be no presumption of neglect or child endangerment | |
| 10236 | 10097 | 17R | |
| 10237 | 10098 | APPENDIX | |
| 10238 | - | Repealed Minnesota Statutes: S0073- | |
| 10099 | + | Repealed Minnesota Statutes: S0073-9 for conduct allowed under sections 152.22 to 152.37, unless the person's behavior is such that it | |
| 10239 | 10100 | creates an unreasonable danger to the safety of the minor as established by clear and convincing | |
| 10240 | 10101 | evidence. | |
| 10241 | 10102 | 152.33 VIOLATIONS. | |
| 10242 | 10103 | Subdivision 1.Intentional diversion; criminal penalty.In addition to any other applicable | |
| 10243 | 10104 | penalty in law, a manufacturer or an agent of a manufacturer who intentionally transfers medical | |
| 10244 | 10105 | cannabis to a person other than another registered manufacturer, a patient, a registered designated | |
| 10245 | 10106 | caregiver or, if listed on the registry verification, a parent, legal guardian, or spouse of a patient is | |
| 10246 | 10107 | guilty of a felony punishable by imprisonment for not more than two years or by payment of a fine | |
| 10247 | 10108 | of not more than $3,000, or both. A person convicted under this subdivision may not continue to | |
| 10248 | 10109 | be affiliated with the manufacturer and is disqualified from further participation under sections | |
| 10249 | 10110 | 152.22 to 152.37. | |
| 10250 | 10111 | Subd. 1a.Intentional diversion outside the state; penalties.(a) In addition to any other | |
| 10251 | 10112 | applicable penalty in law, the commissioner may levy a fine of $250,000 against a manufacturer | |
| 10252 | 10113 | and may immediately initiate proceedings to revoke the manufacturer's registration, using the | |
| 10253 | 10114 | procedure in section 152.25, if: | |
| 10254 | 10115 | (1) an officer, director, or controlling person of the manufacturer pleads or is found guilty under | |
| 10255 | 10116 | subdivision 1 of intentionally transferring medical cannabis, while the person was an officer, director, | |
| 10256 | 10117 | or controlling person of the manufacturer, to a person other than allowed by law; and | |
| 10257 | 10118 | (2) in intentionally transferring medical cannabis to a person other than allowed by law, the | |
| 10258 | 10119 | officer, director, or controlling person transported or directed the transport of medical cannabis | |
| 10259 | 10120 | outside of Minnesota. | |
| 10260 | 10121 | (b) All fines collected under this subdivision shall be deposited in the state government special | |
| 10261 | 10122 | revenue fund. | |
| 10262 | 10123 | Subd. 2.Diversion by patient, registered designated caregiver, parent, legal guardian, or | |
| 10263 | 10124 | patient's spouse; criminal penalty.In addition to any other applicable penalty in law, a patient, | |
| 10264 | 10125 | registered designated caregiver or, if listed on the registry verification, a parent, legal guardian, or | |
| 10265 | 10126 | spouse of a patient who intentionally sells or otherwise transfers medical cannabis to a person other | |
| 10266 | 10127 | than a patient, designated registered caregiver or, if listed on the registry verification, a parent, legal | |
| 10267 | 10128 | guardian, or spouse of a patient is guilty of a felony punishable by imprisonment for not more than | |
| 10268 | 10129 | two years or by payment of a fine of not more than $3,000, or both. | |
| 10269 | 10130 | Subd. 3.False statement; criminal penalty.A person who intentionally makes a false statement | |
| 10270 | 10131 | to a law enforcement official about any fact or circumstance relating to the medical use of cannabis | |
| 10271 | 10132 | to avoid arrest or prosecution is guilty of a misdemeanor punishable by imprisonment for not more | |
| 10272 | 10133 | than 90 days or by payment of a fine of not more than $1,000, or both. The penalty is in addition | |
| 10273 | 10134 | to any other penalties that may apply for making a false statement or for the possession, cultivation, | |
| 10274 | 10135 | or sale of cannabis not protected by sections 152.22 to 152.37. If a person convicted of violating | |
| 10275 | 10136 | this subdivision is a patient or a registered designated caregiver, the person is disqualified from | |
| 10276 | 10137 | further participation under sections 152.22 to 152.37. | |
| 10277 | 10138 | Subd. 4.Submission of false records; criminal penalty.A person who knowingly submits | |
| 10278 | 10139 | false records or documentation required by the commissioner to register as a manufacturer of medical | |
| 10279 | 10140 | cannabis under sections 152.22 to 152.37 is guilty of a felony and may be sentenced to imprisonment | |
| 10280 | 10141 | for not more than two years or by payment of a fine of not more than $3,000, or both. | |
| 10281 | 10142 | Subd. 5.Violation by health care practitioner; criminal penalty.A health care practitioner | |
| 10282 | 10143 | who knowingly refers patients to a manufacturer or to a designated caregiver, who advertises as a | |
| 10283 | 10144 | manufacturer, or who issues certifications while holding a financial interest in a manufacturer is | |
| 10284 | 10145 | guilty of a misdemeanor and may be sentenced to imprisonment for not more than 90 days or by | |
| 10285 | 10146 | payment of a fine of not more than $1,000, or both. | |
| 10286 | 10147 | Subd. 6.Other violations; civil penalty.A manufacturer shall be fined up to $1,000 for any | |
| 10287 | 10148 | violation of sections 152.22 to 152.37, or the regulations issued pursuant to them, where no penalty | |
| 10288 | 10149 | has been specified. This penalty is in addition to any other applicable penalties in law. | |
| 10289 | 10150 | 152.34 HEALTH CARE FACILITIES. | |
| 10290 | 10151 | (a) Health care facilities licensed under chapter 144A, hospice providers licensed under chapter | |
| 10291 | 10152 | 144A, boarding care homes or supervised living facilities licensed under section 144.50, assisted | |
| 10292 | 10153 | living facilities, facilities owned, controlled, managed, or under common control with hospitals | |
| 10293 | 10154 | licensed under chapter 144, and other health facilities licensed by the commissioner of health, may | |
| 10294 | 10155 | 18R | |
| 10295 | 10156 | APPENDIX | |
| 10296 | - | Repealed Minnesota Statutes: S0073- | |
| 10157 | + | Repealed Minnesota Statutes: S0073-9 adopt reasonable restrictions on the use of medical cannabis by a patient enrolled in the registry | |
| 10297 | 10158 | program who resides at or is actively receiving treatment or care at the facility. The restrictions | |
| 10298 | 10159 | may include a provision that the facility will not store or maintain the patient's supply of medical | |
| 10299 | 10160 | cannabis, that the facility is not responsible for providing the medical cannabis for patients, and | |
| 10300 | 10161 | that medical cannabis be used only in a place specified by the facility. | |
| 10301 | 10162 | (b) Any employee or agent of a facility listed in this section or a person licensed under chapter | |
| 10302 | 10163 | 144E is not subject to violations under this chapter for possession of medical cannabis while carrying | |
| 10303 | 10164 | out employment duties, including providing or supervising care to a registered patient, or distribution | |
| 10304 | 10165 | of medical cannabis to a registered patient who resides at or is actively receiving treatment or care | |
| 10305 | 10166 | at the facility with which the employee or agent is affiliated. Nothing in this section shall require | |
| 10306 | 10167 | the facilities to adopt such restrictions and no facility shall unreasonably limit a patient's access to | |
| 10307 | 10168 | or use of medical cannabis to the extent that use is authorized by the patient under sections 152.22 | |
| 10308 | 10169 | to 152.37. | |
| 10309 | 10170 | 152.35 FEES; DEPOSIT OF REVENUE. | |
| 10310 | 10171 | (a) The commissioner shall collect an enrollment fee of $200 from patients enrolled under this | |
| 10311 | 10172 | section. If the patient provides evidence of receiving Social Security disability insurance (SSDI), | |
| 10312 | 10173 | Supplemental Security Income (SSI), veterans disability, or railroad disability payments, or being | |
| 10313 | 10174 | enrolled in medical assistance or MinnesotaCare, then the fee shall be $50. For purposes of this | |
| 10314 | 10175 | section: | |
| 10315 | 10176 | (1) a patient is considered to receive SSDI if the patient was receiving SSDI at the time the | |
| 10316 | 10177 | patient was transitioned to retirement benefits by the United States Social Security Administration; | |
| 10317 | 10178 | and | |
| 10318 | 10179 | (2) veterans disability payments include VA dependency and indemnity compensation. | |
| 10319 | 10180 | Unless a patient provides evidence of receiving payments from or participating in one of the programs | |
| 10320 | 10181 | specifically listed in this paragraph, the commissioner of health must collect the $200 enrollment | |
| 10321 | 10182 | fee from a patient to enroll the patient in the registry program. The fees shall be payable annually | |
| 10322 | 10183 | and are due on the anniversary date of the patient's enrollment. The fee amount shall be deposited | |
| 10323 | 10184 | in the state treasury and credited to the state government special revenue fund. | |
| 10324 | 10185 | (b) The commissioner shall collect an application fee of $20,000 from each entity submitting | |
| 10325 | 10186 | an application for registration as a medical cannabis manufacturer. Revenue from the fee shall be | |
| 10326 | 10187 | deposited in the state treasury and credited to the state government special revenue fund. | |
| 10327 | 10188 | (c) The commissioner shall establish and collect an annual fee from a medical cannabis | |
| 10328 | 10189 | manufacturer equal to the cost of regulating and inspecting the manufacturer in that year. Revenue | |
| 10329 | 10190 | from the fee amount shall be deposited in the state treasury and credited to the state government | |
| 10330 | 10191 | special revenue fund. | |
| 10331 | 10192 | (d) A medical cannabis manufacturer may charge patients enrolled in the registry program a | |
| 10332 | 10193 | reasonable fee for costs associated with the operations of the manufacturer. The manufacturer may | |
| 10333 | 10194 | establish a sliding scale of patient fees based upon a patient's household income and may accept | |
| 10334 | 10195 | private donations to reduce patient fees. | |
| 10335 | 10196 | 152.36 IMPACT ASSESSMENT OF MEDICAL CANNABIS THERAPEUTIC | |
| 10336 | 10197 | RESEARCH. | |
| 10337 | 10198 | Subdivision 1.Task force on medical cannabis therapeutic research.(a) A 23-member task | |
| 10338 | 10199 | force on medical cannabis therapeutic research is created to conduct an impact assessment of medical | |
| 10339 | 10200 | cannabis therapeutic research. The task force shall consist of the following members: | |
| 10340 | 10201 | (1) two members of the house of representatives, one selected by the speaker of the house, the | |
| 10341 | 10202 | other selected by the minority leader; | |
| 10342 | 10203 | (2) two members of the senate, one selected by the majority leader, the other selected by the | |
| 10343 | 10204 | minority leader; | |
| 10344 | 10205 | (3) four members representing consumers or patients enrolled in the registry program, including | |
| 10345 | 10206 | at least two parents of patients under age 18; | |
| 10346 | 10207 | (4) four members representing health care providers, including one licensed pharmacist; | |
| 10347 | 10208 | (5) four members representing law enforcement, one from the Minnesota Chiefs of Police | |
| 10348 | 10209 | Association, one from the Minnesota Sheriff's Association, one from the Minnesota Police and | |
| 10349 | 10210 | Peace Officers Association, and one from the Minnesota County Attorneys Association; | |
| 10350 | 10211 | 19R | |
| 10351 | 10212 | APPENDIX | |
| 10352 | - | Repealed Minnesota Statutes: S0073- | |
| 10213 | + | Repealed Minnesota Statutes: S0073-9 (6) four members representing substance use disorder treatment providers; and | |
| 10353 | 10214 | (7) the commissioners of health, human services, and public safety. | |
| 10354 | 10215 | (b) Task force members listed under paragraph (a), clauses (3), (4), (5), and (6), shall be appointed | |
| 10355 | 10216 | by the governor under the appointment process in section 15.0597. Members shall serve on the task | |
| 10356 | 10217 | force at the pleasure of the appointing authority. All members must be appointed by July 15, 2014, | |
| 10357 | 10218 | and the commissioner of health shall convene the first meeting of the task force by August 1, 2014. | |
| 10358 | 10219 | (c) There shall be two cochairs of the task force chosen from the members listed under paragraph | |
| 10359 | 10220 | (a). One cochair shall be selected by the speaker of the house and the other cochair shall be selected | |
| 10360 | 10221 | by the majority leader of the senate. The authority to convene meetings shall alternate between the | |
| 10361 | 10222 | cochairs. | |
| 10362 | 10223 | (d) Members of the task force other than those in paragraph (a), clauses (1), (2), and (7), shall | |
| 10363 | 10224 | receive expenses as provided in section 15.059, subdivision 6. | |
| 10364 | 10225 | Subd. 1a.Administration.The commissioner of health shall provide administrative and technical | |
| 10365 | 10226 | support to the task force. | |
| 10366 | 10227 | Subd. 2.Impact assessment.The task force shall hold hearings to evaluate the impact of the | |
| 10367 | 10228 | use of medical cannabis and hemp and Minnesota's activities involving medical cannabis and hemp, | |
| 10368 | 10229 | including, but not limited to: | |
| 10369 | 10230 | (1) program design and implementation; | |
| 10370 | 10231 | (2) the impact on the health care provider community; | |
| 10371 | 10232 | (3) patient experiences; | |
| 10372 | 10233 | (4) the impact on the incidence of substance abuse; | |
| 10373 | 10234 | (5) access to and quality of medical cannabis, hemp, and medical cannabis products; | |
| 10374 | 10235 | (6) the impact on law enforcement and prosecutions; | |
| 10375 | 10236 | (7) public awareness and perception; and | |
| 10376 | 10237 | (8) any unintended consequences. | |
| 10377 | 10238 | Subd. 3.Cost assessment.By January 15 of each year, beginning January 15, 2015, and ending | |
| 10378 | 10239 | January 15, 2019, the commissioners of state departments impacted by the medical cannabis | |
| 10379 | 10240 | therapeutic research study shall report to the cochairs of the task force on the costs incurred by each | |
| 10380 | 10241 | department on implementing sections 152.22 to 152.37. The reports must compare actual costs to | |
| 10381 | 10242 | the estimated costs of implementing these sections and must be submitted to the task force on | |
| 10382 | 10243 | medical cannabis therapeutic research. | |
| 10383 | 10244 | Subd. 4.Reports to the legislature.(a) The cochairs of the task force shall submit the following | |
| 10384 | 10245 | reports to the chairs and ranking minority members of the legislative committees and divisions with | |
| 10385 | 10246 | jurisdiction over health and human services, public safety, judiciary, and civil law: | |
| 10386 | 10247 | (1) by February 1, 2015, a report on the design and implementation of the registry program; | |
| 10387 | 10248 | and every two years thereafter, a complete impact assessment report; and | |
| 10388 | 10249 | (2) upon receipt of a cost assessment from a commissioner of a state agency, the completed | |
| 10389 | 10250 | cost assessment. | |
| 10390 | 10251 | (b) The task force may make recommendations to the legislature on whether to add or remove | |
| 10391 | 10252 | conditions from the list of qualifying medical conditions. | |
| 10392 | 10253 | Subd. 5.No expiration.The task force on medical cannabis therapeutic research does not expire. | |
| 10393 | 10254 | 152.37 FINANCIAL EXAMINATIONS; PRICING REVIEWS. | |
| 10394 | 10255 | Subdivision 1.Financial records.A medical cannabis manufacturer shall maintain detailed | |
| 10395 | 10256 | financial records in a manner and format approved by the commissioner, and shall keep all records | |
| 10396 | 10257 | updated and accessible to the commissioner when requested. | |
| 10397 | 10258 | Subd. 2.Certified annual audit.A medical cannabis manufacturer shall submit the results of | |
| 10398 | 10259 | an annual certified financial audit to the commissioner no later than May 1 of each year for the | |
| 10399 | 10260 | calendar year beginning January 2015. The annual audit shall be conducted by an independent | |
| 10400 | 10261 | certified public accountant and the costs of the audit are the responsibility of the medical cannabis | |
| 10401 | 10262 | manufacturer. Results of the audit shall be provided to the medical cannabis manufacturer and the | |
| 10402 | 10263 | 20R | |
| 10403 | 10264 | APPENDIX | |
| 10404 | - | Repealed Minnesota Statutes: S0073- | |
| 10265 | + | Repealed Minnesota Statutes: S0073-9 commissioner. The commissioner may also require another audit of the medical cannabis | |
| 10405 | 10266 | manufacturer by a certified public accountant chosen by the commissioner with the costs of the | |
| 10406 | 10267 | audit paid by the medical cannabis manufacturer. | |
| 10407 | 10268 | Subd. 3.Power to examine.(a) The commissioner or designee may examine the business affairs | |
| 10408 | 10269 | and conditions of any medical cannabis manufacturer, including but not limited to a review of the | |
| 10409 | 10270 | financing, budgets, revenues, sales, and pricing. | |
| 10410 | 10271 | (b) An examination may cover the medical cannabis manufacturer's business affairs, practices, | |
| 10411 | 10272 | and conditions including but not limited to a review of the financing, budgets, revenues, sales, and | |
| 10412 | 10273 | pricing. The commissioner shall determine the nature and scope of each examination and in doing | |
| 10413 | 10274 | so shall take into account all available relevant factors concerning the financial and business affairs, | |
| 10414 | 10275 | practices, and conditions of the examinee. The costs incurred by the department in conducting an | |
| 10415 | 10276 | examination shall be paid for by the medical cannabis manufacturer. | |
| 10416 | 10277 | (c) When making an examination under this section, the commissioner may retain attorneys, | |
| 10417 | 10278 | appraisers, independent economists, independent certified public accountants, or other professionals | |
| 10418 | 10279 | and specialists as designees. A certified public accountant retained by the commissioner may not | |
| 10419 | 10280 | be the same certified public accountant providing the certified annual audit in subdivision 2. | |
| 10420 | 10281 | (d) The commissioner shall make a report of an examination conducted under this section and | |
| 10421 | 10282 | provide a copy to the medical cannabis manufacturer. The commissioner shall then post a copy of | |
| 10422 | 10283 | the report on the department's website. All working papers, recorded information, documents, and | |
| 10423 | 10284 | copies produced by, obtained by, or disclosed to the commissioner or any other person in the course | |
| 10424 | 10285 | of an examination, other than the information contained in any commissioner official report, made | |
| 10425 | 10286 | under this section are private data on individuals or nonpublic data, as defined in section 13.02. | |
| 10426 | 10287 | 21R | |
| 10427 | 10288 | APPENDIX | |
| 10428 | - | Repealed Minnesota Statutes: S0073- | |
| 10289 | + | Repealed Minnesota Statutes: S0073-9 4770.0100APPLICABILITY AND PURPOSE. | |
| 10429 | 10290 | Parts 4770.0200 to 4770.2700 establish the criteria and procedures to be used by the | |
| 10430 | 10291 | commissioner for the registration and oversight of a medical cannabis manufacturer. | |
| 10431 | 10292 | 4770.0200DEFINITIONS. | |
| 10432 | 10293 | Subpart 1.Scope.The terms used in this chapter have the meanings given them in | |
| 10433 | 10294 | this part. | |
| 10434 | 10295 | Subp. 2.Acceptable performance or acceptable results."Acceptable performance" | |
| 10435 | 10296 | or "acceptable results" means analytical test results generated by a laboratory using methods | |
| 10436 | 10297 | as specified in part 4770.2000 that are acceptable and allowed by the approved provider. | |
| 10437 | 10298 | Subp. 3.Approval."Approval" means acknowledgment by the commissioner that a | |
| 10438 | 10299 | laboratory has the policies, personnel, validation procedures, and practices to produce reliable | |
| 10439 | 10300 | data in the analysis of analytes and contaminants described in part 4770.1900. | |
| 10440 | 10301 | Subp. 4.Approved provider."Approved provider" means a provider of performance | |
| 10441 | 10302 | testing samples that the commissioner has determined: | |
| 10442 | 10303 | A.provides an adequate volume of samples to perform statistically valid analyses; | |
| 10443 | 10304 | B.calculates the number of standard deviations of the mean allowed using the | |
| 10444 | 10305 | results of all laboratories submitting test results after the exclusion of outlying values; and | |
| 10445 | 10306 | C.allows a range of standard deviations of the mean no less stringent than the | |
| 10446 | 10307 | range allowed by the general requirements for the competency of reference material producers | |
| 10447 | 10308 | in ISO Guide 34. | |
| 10448 | 10309 | Subp. 5.Audit."Audit" means a financial review by an independent certified public | |
| 10449 | 10310 | accountant that includes select scope engagement or other methods of review that analyze | |
| 10450 | 10311 | operational or compliance issues. | |
| 10451 | 10312 | Subp. 5a.Audit sample."Audit sample" means a representative sample necessary to | |
| 10452 | 10313 | complete audit testing of plant material, a dried raw cannabis batch, or a dried raw cannabis | |
| 10453 | 10314 | finished good collected for audit testing under part 4770.3035. | |
| 10454 | 10315 | Subp. 6.Batch. | |
| 10455 | 10316 | A."Batch" means a specific quantity of medical cannabis, including a set of plants | |
| 10456 | 10317 | of the same variety of medical cannabis that have been grown, harvested, and processed | |
| 10457 | 10318 | together and exposed to substantially similar conditions throughout cultivation and | |
| 10458 | 10319 | processing, that: | |
| 10459 | 10320 | (1)is uniform and intended to meet specifications for identity, strength, purity, | |
| 10460 | 10321 | and composition; and | |
| 10461 | 10322 | (2)is produced according to a single batch production record executed and | |
| 10462 | 10323 | documented during the same cycle of manufacture. | |
| 10463 | 10324 | B.A batch of dried raw cannabis may not exceed 80 pounds. | |
| 10464 | 10325 | Subp. 7.Batch number."Batch number" means a unique numeric or alphanumeric | |
| 10465 | 10326 | identifier assigned to a batch by a manufacturing facility when the batch is first planted. | |
| 10466 | 10327 | The batch number must contain the manufacturing facility number and a sequence to allow | |
| 10467 | 10328 | for inventory and traceability. | |
| 10468 | 10329 | Subp. 7a.Batch sample."Batch sample" means a representative sample taken from | |
| 10469 | 10330 | a batch of dried raw cannabis prior to laboratory testing. | |
| 10470 | 10331 | Subp. 8.Biosecurity."Biosecurity" means a set of preventative measures designed | |
| 10471 | 10332 | to reduce the risk of transmission of: | |
| 10472 | 10333 | A.infectious diseases in crops; | |
| 10473 | 10334 | 22R | |
| 10474 | 10335 | APPENDIX | |
| 10475 | - | Repealed Minnesota Rules: S0073- | |
| 10336 | + | Repealed Minnesota Rules: S0073-9 B.quarantined pests; | |
| 10476 | 10337 | C.invasive alien species; and | |
| 10477 | 10338 | D.living modified organisms. | |
| 10478 | 10339 | Subp. 8a.CBD."CBD" means the compound cannabidiol, CAS number 13956-29-1. | |
| 10479 | 10340 | Subp. 8b.CBDA."CBDA" means cannabidiolic acid, CAS number 1244-58-2. | |
| 10480 | 10341 | Subp. 9.Certified financial audit."Certified financial audit" means the annual | |
| 10481 | 10342 | financial audit required under Minnesota Statutes, section 152.37, subdivision 2. | |
| 10482 | 10343 | Subp. 9a.Chemical composition."Chemical composition" means the distribution of | |
| 10483 | 10344 | individual components within a final formulation or finished good. This includes active | |
| 10484 | 10345 | ingredients, inactive ingredients, and other ingredients. Active ingredients include | |
| 10485 | 10346 | cannabinoids used to define a finished good in the registered products list. The concentration | |
| 10486 | 10347 | of each active ingredient may be given either in terms of milligram per milliliter (mg/mL) | |
| 10487 | 10348 | for liquids and milligram per gram (mg/g) for solids or in terms of mass fraction (weight | |
| 10488 | 10349 | percentage). | |
| 10489 | 10350 | Subp. 10.Commissioner."Commissioner" means the commissioner of the Department | |
| 10490 | 10351 | of Health or the commissioner's designee. | |
| 10491 | 10352 | Subp. 10a.Crop input."Crop input" means a substance other than water that is applied | |
| 10492 | 10353 | to or used in the cultivation of a cannabis plant for pest control, plant health, or growth | |
| 10493 | 10354 | management. Crop input includes pesticides, fungicides, plant regulators, fertilizers, and | |
| 10494 | 10355 | other agricultural chemicals regulated by the Minnesota Department of Agriculture. | |
| 10495 | 10356 | Subp. 11.Disqualifying felony offense."Disqualifying felony offense" has the | |
| 10496 | 10357 | meaning given in Minnesota Statutes, section 152.22, subdivision 3. | |
| 10497 | 10358 | Subp. 12.Distribute or distribution."Distribute" or "distribution" means the delivery | |
| 10498 | 10359 | of medical cannabis to a patient, the patient's parent or legal guardian, or the patient's | |
| 10499 | 10360 | registered caregiver that is packaged in a suitable container appropriately labeled for | |
| 10500 | 10361 | subsequent administration to or use by a patient who is participating in the registry program | |
| 10501 | 10362 | and who is authorized to receive medical cannabis. | |
| 10502 | 10363 | Subp. 13.Distribution facility."Distribution facility" means any building or grounds | |
| 10503 | 10364 | of a medical cannabis manufacturer where the sale and distribution of medical cannabis and | |
| 10504 | 10365 | medical cannabis products are authorized. | |
| 10505 | 10366 | Subp. 14.Diversion."Diversion" means the intentional transfer of medical cannabis | |
| 10506 | 10367 | to a person other than a patient, the patient's designated registered caregiver, or the patient's | |
| 10507 | 10368 | parent or legal guardian if the parent or legal guardian is listed on the registry verification. | |
| 10508 | 10369 | Subp. 14a.Dried raw cannabis."Dried raw cannabis" means the dried leaves and | |
| 10509 | 10370 | flowers of the mature cannabis plant. Dried raw cannabis includes pre-rolled cannabis as | |
| 10510 | 10371 | long as the pre-roll consists of only dried cannabis leaves and flowers, an unflavored rolling | |
| 10511 | 10372 | paper, and a filter or tip. Dried raw cannabis does not include the cannabis seeds, seedlings, | |
| 10512 | 10373 | stems, stalks, roots, or any part of the immature cannabis plant. | |
| 10513 | 10374 | Subp. 15.Field of testing."Field of testing" means the combination of product type | |
| 10514 | 10375 | and analyte for which a laboratory has applied or received approval by the commissioner. | |
| 10515 | 10376 | Subp. 16.Financial interest."Financial interest" means any actual or future right to | |
| 10516 | 10377 | ownership, investment, or compensation arrangement in a medical cannabis manufacturer | |
| 10517 | 10378 | with another person, either directly or indirectly, through business, investment, or spouse, | |
| 10518 | 10379 | parent, or child relationship. Financial interest does not include ownership of investment | |
| 10519 | 10380 | securities in a publicly held corporation that is traded on a national exchange or | |
| 10520 | 10381 | over-the-counter market, provided the investment securities held by the person or the person's | |
| 10521 | 10382 | spouse, parent, or child, in the aggregate, do not exceed one percent ownership in the medical | |
| 10522 | 10383 | cannabis manufacturer. | |
| 10523 | 10384 | 23R | |
| 10524 | 10385 | APPENDIX | |
| 10525 | - | Repealed Minnesota Rules: S0073- | |
| 10386 | + | Repealed Minnesota Rules: S0073-9 Subp. 16a.Finished good."Finished good" means either an extract formulation that | |
| 10526 | 10387 | has been packaged and labeled for delivery to a medical cannabis distribution facility for | |
| 10527 | 10388 | distribution to patients or dried raw cannabis that has been packaged and labeled for delivery | |
| 10528 | 10389 | to a medical cannabis distribution facility. | |
| 10529 | 10390 | Subp. 16b.Flower."Flower" means the flower of the cannabis plant. | |
| 10530 | 10391 | Subp. 17.Health care practitioner."Health care practitioner" has the meaning given | |
| 10531 | 10392 | in Minnesota Statutes, section 152.22, subdivision 4. | |
| 10532 | 10393 | Subp. 17a.Immature plant."Immature plant" means a nonflowering cannabis plant | |
| 10533 | 10394 | that is no taller than eight inches and no wider than eight inches produced from a cutting, | |
| 10534 | 10395 | clipping, or seedling and is in a cultivation container. | |
| 10535 | 10396 | Subp. 18.Inspection."Inspection" means an on-site evaluation of laboratory facilities, | |
| 10536 | 10397 | records, personnel, equipment, methodology, and quality assurance practices by the | |
| 10537 | 10398 | commissioner for compliance with this chapter. | |
| 10538 | 10399 | Subp. 19.International Standards Organization or ISO.The "International | |
| 10539 | 10400 | Standards Organization" or "ISO" means an independent, nongovernmental membership | |
| 10540 | 10401 | organization and the largest developer of voluntary international standards. | |
| 10541 | 10402 | Subp. 19a.Labeling."Labeling" means all labels and other written, printed, or graphic | |
| 10542 | 10403 | matter on a packaged finished good or any container or wrapper accompanying the packaged | |
| 10543 | 10404 | finished good. | |
| 10544 | 10405 | Subp. 20.Laboratory managing agent."Laboratory managing agent" means a person, | |
| 10545 | 10406 | as defined in Minnesota Statutes, section 326.71, subdivision 8, who is legally authorized | |
| 10546 | 10407 | to direct the activities of the laboratory and commit sufficient resources to comply with | |
| 10547 | 10408 | parts 4770.1900 to 4770.2400. | |
| 10548 | 10409 | Subp. 21.Laboratory."Laboratory" means a fixed-based or mobile structure, a person, | |
| 10549 | 10410 | corporation, or other entity, including a government or tribal entity, that examines, analyzes, | |
| 10550 | 10411 | or tests samples. | |
| 10551 | 10412 | Subp. 22.Laboratory owner."Laboratory owner" means a person who: | |
| 10552 | 10413 | A.is a sole proprietor of a laboratory; | |
| 10553 | 10414 | B.holds a partnership interest in a laboratory; or | |
| 10554 | 10415 | C.owns five percent or more of the shares in a corporation that owns a laboratory. | |
| 10555 | 10416 | Subp. 23.Laboratory technical manager."Laboratory technical manager" means a | |
| 10556 | 10417 | person who is scientifically responsible to ensure the achievement and maintenance of | |
| 10557 | 10418 | quality and analytical standards or practice and who is in a supervisory, lead worker, or | |
| 10558 | 10419 | similarly named position within an organization. | |
| 10559 | 10420 | Subp. 24.Manufacturing or manufacture."Manufacturing" or "manufacture" means | |
| 10560 | 10421 | the planting, cultivation, growing, and harvesting of cannabis and the process of converting | |
| 10561 | 10422 | harvested cannabis plant material into medical cannabis. | |
| 10562 | 10423 | Subp. 25.Manufacturing facility."Manufacturing facility" means any secured | |
| 10563 | 10424 | building, space, grounds, and physical structure of a medical cannabis manufacturer for the | |
| 10564 | 10425 | cultivation, harvesting, packaging, and processing of medical cannabis and where access is | |
| 10565 | 10426 | restricted to designated employees of a medical cannabis manufacturer and escorted visitors. | |
| 10566 | 10427 | Subp. 26.Medical cannabis."Medical cannabis" has the meaning given in Minnesota | |
| 10567 | 10428 | Statutes, section 152.22, subdivision 6. | |
| 10568 | 10429 | Subp. 26a.Medical cannabis brand name."Medical cannabis brand name" means | |
| 10569 | 10430 | the name under which a medical cannabis concentrate, a medical cannabis concentrate | |
| 10570 | 10431 | formulation, or a dried raw cannabis product is marketed and distributed. | |
| 10571 | 10432 | 24R | |
| 10572 | 10433 | APPENDIX | |
| 10573 | - | Repealed Minnesota Rules: S0073- | |
| 10434 | + | Repealed Minnesota Rules: S0073-9 Subp. 26b.Medical cannabis concentrate."Medical cannabis concentrate" means | |
| 10574 | 10435 | a specific subset of medical cannabis that is produced by extracting cannabinoids from plant | |
| 10575 | 10436 | material. Categories of medical cannabis concentrate include products created using | |
| 10576 | 10437 | water-based, solvent-based, heat-based, or pressure-based extraction methods. Medical | |
| 10577 | 10438 | cannabis concentrate includes medical cannabis concentrate intended for use with a vaporizer | |
| 10578 | 10439 | delivery device or pressurized dose inhaler. | |
| 10579 | 10440 | Subp. 26c.Medical cannabis concentrate formulation."Medical cannabis concentrate | |
| 10580 | 10441 | formulation" means a liquid, including oil, a pill, or any other formulation type approved | |
| 10581 | 10442 | by the commissioner under Minnesota Statutes, sections 152.22, subdivision 6, paragraph | |
| 10582 | 10443 | (a), and 152.27, subdivision 2, paragraph (b), infused with medical cannabis and other | |
| 10583 | 10444 | ingredients that will be packaged into a finished good without further change and is intended | |
| 10584 | 10445 | for use or consumption other than by smoking. Medical cannabis concentrate formulation | |
| 10585 | 10446 | includes oral suspensions, tinctures, lotions, ointments, and any other medical cannabis | |
| 10586 | 10447 | delivery method approved by the commissioner. | |
| 10587 | 10448 | Subp. 27.Medical cannabis manufacturer or manufacturer."Medical cannabis | |
| 10588 | 10449 | manufacturer" or "manufacturer" has the meaning given in Minnesota Statutes, section | |
| 10589 | 10450 | 152.22, subdivision 7. | |
| 10590 | 10451 | Subp. 28.Medical cannabis product."Medical cannabis product" has the meaning | |
| 10591 | 10452 | given in Minnesota Statutes, section 152.22, subdivision 8. | |
| 10592 | 10453 | Subp. 29.Medical cannabis waste."Medical cannabis waste" means medical cannabis | |
| 10593 | 10454 | that is returned, damaged, defective, expired, or contaminated. | |
| 10594 | 10455 | Subp. 30.Parent or legal guardian."Parent or legal guardian" has the meaning given | |
| 10595 | 10456 | in Minnesota Statutes, section 152.27, subdivision 5. | |
| 10596 | 10457 | Subp. 31.Patient."Patient" has the meaning given in Minnesota Statutes, section | |
| 10597 | 10458 | 152.22, subdivision 9. | |
| 10598 | 10459 | Subp. 32.Plant material."Plant material" means any cannabis plant, cutting, trimming, | |
| 10599 | 10460 | or clone that has roots or that is cultivated with the intention of growing roots. | |
| 10600 | 10461 | Subp. 33.Plant material waste."Plant material waste" means plant material that is | |
| 10601 | 10462 | not used in the production of medical cannabis in a form allowable under Minnesota Statutes, | |
| 10602 | 10463 | section 152.22, subdivision 6. | |
| 10603 | 10464 | Subp. 33a.Plant regulator."Plant regulator" has the meaning given in Minnesota | |
| 10604 | 10465 | Statutes, section 18B.01, subdivision 20. | |
| 10605 | 10466 | Subp. 33b.Pre-roll."Pre-roll" means any combination of flower, shake, or leaf rolled | |
| 10606 | 10467 | in unflavored paper and intended to be smoked. | |
| 10607 | 10468 | Subp. 34.Production or produce."Production" or "produce" means: | |
| 10608 | 10469 | A.cultivating or harvesting plant material; | |
| 10609 | 10470 | B.processing or manufacturing; or | |
| 10610 | 10471 | C.packaging of medical cannabis. | |
| 10611 | 10472 | Subp. 35.Proficiency testing sample or PT sample."Proficiency testing sample" | |
| 10612 | 10473 | or "PT sample" means a sample obtained from an approved provider to evaluate the ability | |
| 10613 | 10474 | of a laboratory to produce an analytical test result meeting the definition of acceptable | |
| 10614 | 10475 | performance. The concentration of the analyte in the sample is unknown to the laboratory | |
| 10615 | 10476 | at the time of analysis. | |
| 10616 | 10477 | Subp. 36.Registered designated caregiver."Registered designated caregiver" has | |
| 10617 | 10478 | the meaning given in Minnesota Statutes, section 152.22, subdivision 11. | |
| 10618 | 10479 | Subp. 36a.Registered finished goods list."Registered finished goods list" means | |
| 10619 | 10480 | the official list maintained by the commissioner of finished goods permitted to be dispensed | |
| 10620 | 10481 | within the registry. The manufacturer must provide the commissioner the finished good's | |
| 10621 | 10482 | 25R | |
| 10622 | 10483 | APPENDIX | |
| 10623 | - | Repealed Minnesota Rules: S0073- | |
| 10484 | + | Repealed Minnesota Rules: S0073-9 chemical composition, the total volume or weight of each active ingredient, storage | |
| 10624 | 10485 | instructions, and estimated expiration date. If a finished good will be dispensed in an amount | |
| 10625 | 10486 | larger than one unit or dose, the manufacturer must specify the volume or weight and | |
| 10626 | 10487 | chemical composition that constitutes a single dose. | |
| 10627 | 10488 | Subp. 37.Registry program."Registry program" has the meaning given in Minnesota | |
| 10628 | 10489 | Statutes, section 152.22, subdivision 12. | |
| 10629 | 10490 | Subp. 38.Registry verification."Registry verification" has the meaning given in | |
| 10630 | 10491 | Minnesota Statutes, section 152.22, subdivision 13. | |
| 10631 | 10492 | Subp. 38a.Remediation."Remediation" means any process that removes or reduces | |
| 10632 | 10493 | the level of contaminants in a batch of dried raw cannabis flower and trim, either through | |
| 10633 | 10494 | extraction of oils or other means. | |
| 10634 | 10495 | Subp. 39.Restricted access area."Restricted access area" means a building, room, | |
| 10635 | 10496 | or other contiguous area on the premises where plant material is grown, cultivated, harvested, | |
| 10636 | 10497 | stored, packaged, or processed for sale under control of the medical cannabis manufacturer, | |
| 10637 | 10498 | and where no person under the age of 21 is permitted. | |
| 10638 | 10499 | Subp. 39a.Rinsate."Rinsate" means a dilute mixture of a crop input or crop inputs | |
| 10639 | 10500 | with water, solvents, oils, commercial rinsing agents, or other substances that is produced | |
| 10640 | 10501 | by or results from the cleaning of crop input application equipment or containers. | |
| 10641 | 10502 | Subp. 39b.Shake."Shake" means pieces of a cannabis flower that were once part of | |
| 10642 | 10503 | larger buds. | |
| 10643 | 10504 | Subp. 40.Sufficient cause to believe."Sufficient cause to believe" means grounds | |
| 10644 | 10505 | asserted in good faith that are not arbitrary, irrational, unreasonable, or irrelevant and that | |
| 10645 | 10506 | make the proposition asserted more likely than not, provided the grounds are based on at | |
| 10646 | 10507 | least one of the following sources: | |
| 10647 | 10508 | A.facts or statements supplied by a patient, the patient's parent or legal guardian, | |
| 10648 | 10509 | the patient's designated registered caregiver, or an employee or agent of a medical cannabis | |
| 10649 | 10510 | manufacturer; | |
| 10650 | 10511 | B.reports from an approved laboratory that indicate concerns with the chemical | |
| 10651 | 10512 | or bacterial composition of the medical cannabis; | |
| 10652 | 10513 | C.financial records of a medical cannabis manufacturer; | |
| 10653 | 10514 | D.police records; | |
| 10654 | 10515 | E.court documents; or | |
| 10655 | 10516 | F.facts of which the commissioner or the commissioner's employees have personal | |
| 10656 | 10517 | knowledge. | |
| 10657 | 10518 | Subp. 41.THC."THC" means tetrahydrocannabinol, CAS number 1972-08-3. | |
| 10658 | 10519 | Subp. 42.THCA."THCA" means tetrahydrocannabinolic acid, CAS number | |
| 10659 | 10520 | 23978-85-0. | |
| 10660 | 10521 | Subp. 43.Total cannabinoid content."Total cannabinoid content" means the | |
| 10661 | 10522 | combined target values by weight of all cannabinoids defining a finished good in the | |
| 10662 | 10523 | registered finished goods list, not including cannabinoids present only in trace amounts. | |
| 10663 | 10524 | Subp. 44.Total CBD content."Total CBD content" means the sum of the amount of | |
| 10664 | 10525 | CBD and 87.7 percent of the detectable amount of CBDA present in the product or plant | |
| 10665 | 10526 | material. | |
| 10666 | 10527 | Subp. 45.Total THC content."Total THC content" means the sum of the amount of | |
| 10667 | 10528 | THC and 87.7 percent of the detectable amount of THCA present in the product or plant | |
| 10668 | 10529 | material. | |
| 10669 | 10530 | 26R | |
| 10670 | 10531 | APPENDIX | |
| 10671 | - | Repealed Minnesota Rules: S0073- | |
| 10532 | + | Repealed Minnesota Rules: S0073-9 Subp. 46.Water activity."Water activity" or "a | |
| 10672 | 10533 | w" means a measure of the free | |
| 10673 | 10534 | moisture in usable cannabis and is the quotient of the water vapor pressure of the substance | |
| 10674 | 10535 | divided by the vapor pressure of pure water at the same temperature. | |
| 10675 | 10536 | 4770.0300DUTIES OF COMMISSIONER. | |
| 10676 | 10537 | Subpart 1.Interagency agreements.The commissioner may enter into any interagency | |
| 10677 | 10538 | agreements with other state agencies for technical services or other assistance related to the | |
| 10678 | 10539 | regulatory or inspection duties of a medical cannabis manufacturer and the registry program. | |
| 10679 | 10540 | Subp. 2.Notice to law enforcement.If the commissioner has sufficient cause to | |
| 10680 | 10541 | believe that there is a threat to public safety, then the commissioner must notify local law | |
| 10681 | 10542 | enforcement agencies of any conditions that pose a threat to public safety, including: | |
| 10682 | 10543 | A.loss or theft of medical cannabis or plant material; | |
| 10683 | 10544 | B.diversion or potential diversion of medical cannabis or plant material; or | |
| 10684 | 10545 | C.unauthorized access to the patient registry. | |
| 10685 | 10546 | Subp. 3.Inspection of medical cannabis manufacturer.A medical cannabis | |
| 10686 | 10547 | manufacturer is subject to reasonable inspection by the commissioner under Minnesota | |
| 10687 | 10548 | Statutes, section 152.29, subdivision 1. For purposes of this part, "reasonable inspection" | |
| 10688 | 10549 | means unannounced inspections by the commissioner of all: | |
| 10689 | 10550 | A.aspects of the business operations; | |
| 10690 | 10551 | B.physical locations of the medical cannabis manufacturer, its manufacturing | |
| 10691 | 10552 | facility, and distribution facilities; | |
| 10692 | 10553 | C.financial information and inventory documentation; and | |
| 10693 | 10554 | D.physical and electronic security alarm systems. | |
| 10694 | 10555 | Subp. 4.Fees.Any fees collected by the commissioner under Minnesota Statutes, | |
| 10695 | 10556 | section 152.35, are not refundable. | |
| 10696 | 10557 | Subp. 5.Patient costs; pricing. | |
| 10697 | 10558 | A.A medical cannabis manufacturer must follow the requirements under Minnesota | |
| 10698 | 10559 | Statutes, section 152.35, paragraph (d), in establishing a reasonable fee. | |
| 10699 | 10560 | B.The commissioner may annually review price costing by a medical cannabis | |
| 10700 | 10561 | manufacturer. | |
| 10701 | 10562 | 4770.0400MEDICAL CANNABIS MANUFACTURER; OPERATIONS. | |
| 10702 | 10563 | Subpart 1.Operating documents.Under Minnesota Statutes, section 152.29, | |
| 10703 | 10564 | subdivision 1, the operating documents of a medical cannabis manufacturer must describe | |
| 10704 | 10565 | operational and management practices, including: | |
| 10705 | 10566 | A.record keeping; | |
| 10706 | 10567 | B.security measures to deter and prevent theft of medical cannabis; | |
| 10707 | 10568 | C.unauthorized entrance into areas containing medical cannabis; | |
| 10708 | 10569 | D.types and quantities of medical cannabis products that are produced at the | |
| 10709 | 10570 | manufacturing facility; | |
| 10710 | 10571 | E.methods of planting, harvesting, drying, and storage of medical cannabis; | |
| 10711 | 10572 | F.estimated quantity of all crop inputs used in production; | |
| 10712 | 10573 | G.estimated quantity of waste material to be generated; | |
| 10713 | 10574 | H.disposal methods for all waste materials; | |
| 10714 | 10575 | 27R | |
| 10715 | 10576 | APPENDIX | |
| 10716 | - | Repealed Minnesota Rules: S0073- | |
| 10577 | + | Repealed Minnesota Rules: S0073-9 I.employee training methods for the specific phases of production; | |
| 10717 | 10578 | J.biosecurity measures used in production and in manufacturing; | |
| 10718 | 10579 | K.strategies for reconciling discrepancies in plant material or medical cannabis; | |
| 10719 | 10580 | L.sampling strategy and quality testing for labeling purposes; | |
| 10720 | 10581 | M.medical cannabis packaging and labeling procedures; | |
| 10721 | 10582 | N.procedures for the mandatory and voluntary recall of medical cannabis; | |
| 10722 | 10583 | O.plans for responding to a security breach at a manufacturing or distribution | |
| 10723 | 10584 | facility, or while medical cannabis is in transit to a manufacturing or distribution facility; | |
| 10724 | 10585 | P.business continuity plan; | |
| 10725 | 10586 | Q.records relating to all transport activities; and | |
| 10726 | 10587 | R.other information requested by the commissioner. | |
| 10727 | 10588 | Subp. 2.Prohibited activities. | |
| 10728 | 10589 | A.A person may not own and operate a manufacturing facility unless the person | |
| 10729 | 10590 | is registered as a medical cannabis manufacturer by the commissioner under Minnesota | |
| 10730 | 10591 | Statutes, section 152.25. | |
| 10731 | 10592 | B.A medical cannabis manufacturer and its employees, agents, or owners may | |
| 10732 | 10593 | not: | |
| 10733 | 10594 | (1)cultivate, produce, or manufacture medical cannabis in any location except | |
| 10734 | 10595 | in those areas designated for those activities in the registration agreement; | |
| 10735 | 10596 | (2)sell or distribute medical cannabis or medical cannabis products from any | |
| 10736 | 10597 | location except its distribution facilities; | |
| 10737 | 10598 | (3)produce or manufacture medical cannabis for use outside of Minnesota; | |
| 10738 | 10599 | (4)sell or distribute medical cannabis to any person other than a registered: | |
| 10739 | 10600 | (a)patient; | |
| 10740 | 10601 | (b)parent or legal guardian; or | |
| 10741 | 10602 | (c)designated registered caregiver; | |
| 10742 | 10603 | (5)deliver or transport medical cannabis to any location except the | |
| 10743 | 10604 | manufacturer's production facility or distribution facilities, a waste-to-energy facility, another | |
| 10744 | 10605 | manufacturer's distribution facilities, a testing laboratory approved by the commissioner, | |
| 10745 | 10606 | and a laboratory selected by the commissioner to conduct audit testing under part 4770.3035; | |
| 10746 | 10607 | (6)sell medical cannabis that is not packaged and labeled in accordance with | |
| 10747 | 10608 | part 4770.0850; or | |
| 10748 | 10609 | (7)permit the consumption of medical cannabis at a distribution facility. | |
| 10749 | 10610 | Subp. 3.Criminal background checks.A medical cannabis manufacturer is prohibited | |
| 10750 | 10611 | from employing any person who has a disqualifying felony offense as shown by a Minnesota | |
| 10751 | 10612 | criminal history background check or a federal criminal history background check performed | |
| 10752 | 10613 | by the Bureau of Criminal Apprehension under Minnesota Statutes, section 152.29, | |
| 10753 | 10614 | subdivision 1. | |
| 10754 | 10615 | Subp. 4.Conflict of interest; health care practitioner activity restrictions.A | |
| 10755 | 10616 | medical cannabis manufacturer may not: | |
| 10756 | 10617 | A.permit a health care practitioner who certifies qualifying conditions for patients | |
| 10757 | 10618 | to: | |
| 10758 | 10619 | 28R | |
| 10759 | 10620 | APPENDIX | |
| 10760 | - | Repealed Minnesota Rules: S0073- | |
| 10621 | + | Repealed Minnesota Rules: S0073-9 (1)hold a direct or indirect economic interest in the medical cannabis | |
| 10761 | 10622 | manufacturer; | |
| 10762 | 10623 | (2)serve on the board of directors or as an employee of the medical cannabis | |
| 10763 | 10624 | manufacturer; or | |
| 10764 | 10625 | (3)advertise with the medical cannabis manufacturer in any capacity; | |
| 10765 | 10626 | B.accept or solicit any form of remuneration from a health care practitioner who | |
| 10766 | 10627 | certifies qualifying conditions for patients; or | |
| 10767 | 10628 | C.offer any form of remuneration from a health care practitioner who certifies | |
| 10768 | 10629 | qualifying conditions for patients. | |
| 10769 | 10630 | 4770.0500MEDICAL CANNABIS MANUFACTURER; QUALITY CONTROL; | |
| 10770 | 10631 | ASSURANCE PROGRAM. | |
| 10771 | 10632 | Subpart 1.Quality control program.A medical cannabis manufacturer must develop | |
| 10772 | 10633 | and implement a written quality assurance program that assesses the chemical and | |
| 10773 | 10634 | microbiological composition of medical cannabis. Assessment includes a profile of the | |
| 10774 | 10635 | active ingredients, including shelf life, and the presence of inactive ingredients and | |
| 10775 | 10636 | contaminants. A medical cannabis manufacturer must use these testing results to determine | |
| 10776 | 10637 | appropriate storage conditions and expiration dates. | |
| 10777 | 10638 | Subp. 2.Sampling protocols.A medical cannabis manufacturer must develop and | |
| 10778 | 10639 | follow written procedures for sampling medical cannabis that require the manufacturer to: | |
| 10779 | 10640 | A.conduct sample collection in a manner that provides analytically sound and | |
| 10780 | 10641 | representative samples; | |
| 10781 | 10642 | B.document every sampling event and provide this documentation to the | |
| 10782 | 10643 | commissioner upon request; | |
| 10783 | 10644 | C.describe all sampling and testing plans in written procedures that include the | |
| 10784 | 10645 | sampling method and the number of units per batch to be tested; | |
| 10785 | 10646 | D.ensure that random samples from each batch are: | |
| 10786 | 10647 | (1)taken in an amount necessary to conduct the applicable test; | |
| 10787 | 10648 | (2)labeled with the batch unique identifier; and | |
| 10788 | 10649 | (3)submitted for testing; and | |
| 10789 | 10650 | E.retain the results from the random samples for at least five years. | |
| 10790 | 10651 | Subp. 3.Sampling; testing levels.A medical cannabis manufacturer must: | |
| 10791 | 10652 | A.develop acceptance criteria for all potential contaminants based on the levels | |
| 10792 | 10653 | of metals, microbes, or other contaminants that the manufacturer uses in cultivating and | |
| 10793 | 10654 | producing medical cannabis. The testing levels are subject to approval by the commissioner; | |
| 10794 | 10655 | B.conduct sampling and testing using acceptance criteria that are protective of | |
| 10795 | 10656 | patient health. The sampling and testing results must ensure that batches of medical cannabis | |
| 10796 | 10657 | meet allowable health risk limits for contaminants; | |
| 10797 | 10658 | C.reject a medical cannabis batch that fails to meet established standards, | |
| 10798 | 10659 | specifications, and any other relevant quality-control criteria; | |
| 10799 | 10660 | D.develop and follow a written procedure for responding to results indicating | |
| 10800 | 10661 | contamination. The procedure must include destroying contaminated medical cannabis and | |
| 10801 | 10662 | determining the source of contamination; and | |
| 10802 | 10663 | E.retain documentation of test results, assessment, and destruction of medical | |
| 10803 | 10664 | cannabis for at least five years. | |
| 10804 | 10665 | 29R | |
| 10805 | 10666 | APPENDIX | |
| 10806 | - | Repealed Minnesota Rules: S0073- | |
| 10667 | + | Repealed Minnesota Rules: S0073-9 Subp. 4.Quality assurance program; stability testing. | |
| 10807 | 10668 | A.The quality assurance program must include procedures for performing stability | |
| 10808 | 10669 | testing of each product type produced to determine product shelf life that addresses: | |
| 10809 | 10670 | (1)sample size and test intervals based on statistical criteria for each attribute | |
| 10810 | 10671 | examined to ensure valid stability estimates; | |
| 10811 | 10672 | (2)storage conditions for samples retained for testing; and | |
| 10812 | 10673 | (3)reliable and specific test methods. | |
| 10813 | 10674 | B.Stability studies must include: | |
| 10814 | 10675 | (1)medical cannabis testing at appropriate intervals; | |
| 10815 | 10676 | (2)medical cannabis testing in the same container-closure system in which | |
| 10816 | 10677 | the drug product is marketed; and | |
| 10817 | 10678 | (3)testing medical cannabis for reconstitution at the time of dispensing, as | |
| 10818 | 10679 | directed in the labeling, and after the samples are reconstituted. | |
| 10819 | 10680 | C.If shelf-life studies have not been completed before July 1, 2015, a medical | |
| 10820 | 10681 | cannabis manufacturer may assign a tentative expiration date, based on any available stability | |
| 10821 | 10682 | information. The manufacturer must concurrently conduct stability studies to determine the | |
| 10822 | 10683 | actual product expiration date. | |
| 10823 | 10684 | D.After the manufacturer verifies the tentative expiration date, or determines the | |
| 10824 | 10685 | appropriate expiration date, the medical cannabis manufacturer must include that expiration | |
| 10825 | 10686 | date on each batch of medical cannabis. | |
| 10826 | 10687 | E.Stability testing must be repeated if the manufacturing process or the product's | |
| 10827 | 10688 | chemical composition is changed. | |
| 10828 | 10689 | Subp. 5.Reserve samples. | |
| 10829 | 10690 | A.A medical cannabis manufacturer must retain a uniquely labeled reserve sample | |
| 10830 | 10691 | that represents each batch of medical cannabis and store it under conditions consistent with | |
| 10831 | 10692 | product labeling. The reserve sample must be stored in the same immediate container-closure | |
| 10832 | 10693 | system in which the medical cannabis is marketed, or in one that has similar characteristics. | |
| 10833 | 10694 | The reserve sample must consist of at least twice the quantity necessary to perform all the | |
| 10834 | 10695 | required tests. | |
| 10835 | 10696 | B.A medical cannabis manufacturer must retain the reserve for at least one year | |
| 10836 | 10697 | following the batch's expiration date. | |
| 10837 | 10698 | Subp. 6.Retesting.If the commissioner deems that public health may be at risk, the | |
| 10838 | 10699 | commissioner may require the manufacturer to retest any sample of plant material or medical | |
| 10839 | 10700 | cannabis. | |
| 10840 | 10701 | 4770.0600LOCATION; DISTANCE FROM SCHOOL. | |
| 10841 | 10702 | Under Minnesota Statutes, section 152.29, paragraph (j), a medical cannabis | |
| 10842 | 10703 | manufacturer may not operate within 1,000 feet of an existing public or private school. The | |
| 10843 | 10704 | medical cannabis manufacturer must measure the distance between the closest point of the | |
| 10844 | 10705 | manufacturing or distribution facility property lines to the closest point of the school's | |
| 10845 | 10706 | property lines. | |
| 10846 | 10707 | For purposes of this part, "public or private school" means any property operated by a | |
| 10847 | 10708 | school district, charter school, or accredited nonpublic school for elementary, middle, or | |
| 10848 | 10709 | secondary school, or secondary vocation center purposes. | |
| 10849 | 10710 | "Accredited nonpublic school" means any nonpublic school accredited by an accrediting | |
| 10850 | 10711 | agency recognized by the Minnesota nonpublic education council under Minnesota Statutes, | |
| 10851 | 10712 | section 123B.445, excluding home schools. | |
| 10852 | 10713 | 30R | |
| 10853 | 10714 | APPENDIX | |
| 10854 | - | Repealed Minnesota Rules: S0073- | |
| 10715 | + | Repealed Minnesota Rules: S0073-9 4770.0800ADVERTISING AND MARKETING. | |
| 10855 | 10716 | Subpart 1.Permitted marketing and advertising activities.A medical cannabis | |
| 10856 | 10717 | manufacturer may: | |
| 10857 | 10718 | A.display the manufacturer's business name and logo on medical cannabis labels, | |
| 10858 | 10719 | signs, website, and informational material provided to patients. The name or logo must not | |
| 10859 | 10720 | include: | |
| 10860 | 10721 | (1)images of cannabis or cannabis-smoking paraphernalia; | |
| 10861 | 10722 | (2)colloquial references to cannabis; | |
| 10862 | 10723 | (3)names of cannabis plant strains; or | |
| 10863 | 10724 | (4)medical symbols that bear a reasonable resemblance to established medical | |
| 10864 | 10725 | associations. Examples of established medical organizations include the American Medical | |
| 10865 | 10726 | Association or American Academy of Pediatrics. The use of medical symbols is subject to | |
| 10866 | 10727 | approval by the commissioner; | |
| 10867 | 10728 | B.display signs on the manufacturing facility and distribution facility; and | |
| 10868 | 10729 | C.maintain a business website that contains the following information: | |
| 10869 | 10730 | (1)the medical cannabis manufacturer name; | |
| 10870 | 10731 | (2)the distribution facility location; | |
| 10871 | 10732 | (3)the contact information; | |
| 10872 | 10733 | (4)the distribution facility's hours of operation; | |
| 10873 | 10734 | (5)the medical cannabis products provided; | |
| 10874 | 10735 | (6)product pricing; and | |
| 10875 | 10736 | (7)other information as approved by the commissioner. | |
| 10876 | 10737 | Subp. 2.Marketing and advertising activities; commissioner approval required. | |
| 10877 | 10738 | A.A medical cannabis manufacturer must request and receive the commissioner's | |
| 10878 | 10739 | written approval before beginning marketing or advertising activities that are not specified | |
| 10879 | 10740 | in subpart 1. | |
| 10880 | 10741 | B.The commissioner has 30 calendar days to approve marketing and advertising | |
| 10881 | 10742 | activities submitted under this subpart. | |
| 10882 | 10743 | Subp. 3.Inconspicuous display.A medical cannabis manufacturer must arrange | |
| 10883 | 10744 | displays of merchandise, interior signs, and other exhibits to prevent public viewing from | |
| 10884 | 10745 | outside the manufacturing facility and distribution facility. | |
| 10885 | 10746 | 4770.0900MONITORING AND SURVEILLANCE REQUIREMENTS. | |
| 10886 | 10747 | Subpart 1.24-hour closed-circuit television.A medical cannabis manufacturer must | |
| 10887 | 10748 | operate and maintain in good working order a closed-circuit television (CCTV) surveillance | |
| 10888 | 10749 | system on all of its premises, which must operate 24 hours per day, seven days per week, | |
| 10889 | 10750 | and visually record: | |
| 10890 | 10751 | A.all phases of production; | |
| 10891 | 10752 | B.all areas that might contain plant material and medical cannabis, including all | |
| 10892 | 10753 | safes and vaults; | |
| 10893 | 10754 | C.all points of entry and exit, including sales areas; | |
| 10894 | 10755 | D.the entrance to the video surveillance room; and | |
| 10895 | 10756 | E.any parking lot, which must have appropriate lighting for the normal conditions | |
| 10896 | 10757 | of the area under surveillance. | |
| 10897 | 10758 | 31R | |
| 10898 | 10759 | APPENDIX | |
| 10899 | - | Repealed Minnesota Rules: S0073- | |
| 10760 | + | Repealed Minnesota Rules: S0073-9 Subp. 2.Camera specifications.Cameras must: | |
| 10900 | 10761 | A.capture clear and certain identification of any person entering or exiting a | |
| 10901 | 10762 | manufacturing facility or distribution facility; | |
| 10902 | 10763 | B.have the ability to produce a clear, color, still photo either live or from a | |
| 10903 | 10764 | recording; | |
| 10904 | 10765 | C.have an embedded date-and-time stamp on all recordings that must be | |
| 10905 | 10766 | synchronized and not obscure the picture; and | |
| 10906 | 10767 | D.continue to operate during a power outage. | |
| 10907 | 10768 | Subp. 3.Video recording specifications. | |
| 10908 | 10769 | A.A video recording must export still images in an industry standard image format, | |
| 10909 | 10770 | including .jpg, .bmp, and .gif. | |
| 10910 | 10771 | B.Exported video must be archived in a proprietary format that ensures | |
| 10911 | 10772 | authentication and guarantees that the recorded image has not been altered. | |
| 10912 | 10773 | C.Exported video must also be saved in an industry standard file format that can | |
| 10913 | 10774 | be played on a standard computer operating system. | |
| 10914 | 10775 | D.All recordings must be erased or destroyed before disposal. | |
| 10915 | 10776 | Subp. 4.Additional requirements.The manufacturer must maintain all security | |
| 10916 | 10777 | system equipment and recordings in a secure location to prevent theft, loss, destruction, | |
| 10917 | 10778 | corruption, and alterations. | |
| 10918 | 10779 | Subp. 5.Retention.The manufacturer must ensure that 24-hour recordings from all | |
| 10919 | 10780 | video cameras are: | |
| 10920 | 10781 | A.available for viewing by the commissioner upon request; | |
| 10921 | 10782 | B.retained for at least 90 calendar days; | |
| 10922 | 10783 | C.maintained free of alteration or corruption; and | |
| 10923 | 10784 | D.retained longer, as needed, if the manufacturer is given actual notice of a | |
| 10924 | 10785 | pending criminal, civil, or administrative investigation, or other legal proceeding for which | |
| 10925 | 10786 | the recording may contain relevant information. | |
| 10926 | 10787 | 4770.1000ALARM SYSTEM REQUIREMENTS. | |
| 10927 | 10788 | A.A medical cannabis manufacturer must install and maintain a professionally | |
| 10928 | 10789 | monitored security alarm system that provides intrusion and fire detection of all: | |
| 10929 | 10790 | (1)facility entrances and exits; | |
| 10930 | 10791 | (2)rooms with exterior windows; | |
| 10931 | 10792 | (3)rooms with exterior walls; | |
| 10932 | 10793 | (4)roof hatches; | |
| 10933 | 10794 | (5)skylights; and | |
| 10934 | 10795 | (6)storage rooms. | |
| 10935 | 10796 | B.For purposes of this part, a security alarm system means a device or series of | |
| 10936 | 10797 | devices that summons law enforcement personnel during, or as a result of, an alarm condition. | |
| 10937 | 10798 | Devices may include: | |
| 10938 | 10799 | (1)hardwired systems and systems interconnected with a radio frequency | |
| 10939 | 10800 | method such as cellular or private radio signals that emit or transmit a remote or local audio, | |
| 10940 | 10801 | visual, or electronic signal; | |
| 10941 | 10802 | (2)motion detectors; | |
| 10942 | 10803 | 32R | |
| 10943 | 10804 | APPENDIX | |
| 10944 | - | Repealed Minnesota Rules: S0073- | |
| 10805 | + | Repealed Minnesota Rules: S0073-9 (3)pressure switches; | |
| 10945 | 10806 | (4)a duress alarm; | |
| 10946 | 10807 | (5)a panic alarm; | |
| 10947 | 10808 | (6)a holdup alarm; | |
| 10948 | 10809 | (7)an automatic voice dialer; and | |
| 10949 | 10810 | (8)a failure notification system that provides an audio, text, or visual | |
| 10950 | 10811 | notification of any failure in the surveillance system. | |
| 10951 | 10812 | C.A manufacturer's security alarm system and all devices must continue to operate | |
| 10952 | 10813 | during a power outage. | |
| 10953 | 10814 | D.The commissioner must have the ability to access a medical cannabis | |
| 10954 | 10815 | manufacturer's security alarm system. | |
| 10955 | 10816 | E.The manufacturer's security alarm system must be inspected and all devices | |
| 10956 | 10817 | tested annually by a qualified alarm vendor. | |
| 10957 | 10818 | 4770.1100TRANSPORTATION OF MEDICAL CANNABIS. | |
| 10958 | 10819 | Subpart 1.Transportation of medical cannabis and plant material; when | |
| 10959 | 10820 | authorized. | |
| 10960 | 10821 | A.A medical cannabis manufacturer is authorized to transport medical cannabis: | |
| 10961 | 10822 | (1)from its manufacturing facility to its distribution facilities; | |
| 10962 | 10823 | (2)between its distribution facilities; | |
| 10963 | 10824 | (3)from its manufacturing facility to a distribution facility operated by another | |
| 10964 | 10825 | manufacturer; | |
| 10965 | 10826 | (4)from its manufacturing facility to a testing laboratory for testing; | |
| 10966 | 10827 | (5)from a testing laboratory to its manufacturing facility or to a | |
| 10967 | 10828 | waste-to-energy facility; | |
| 10968 | 10829 | (6)from its manufacturing facility or distribution facility to a laboratory | |
| 10969 | 10830 | selected by the commissioner to conduct audit testing under part 4770.3035; and | |
| 10970 | 10831 | (7)from its manufacturing facility or distribution facility to a waste-to-energy | |
| 10971 | 10832 | facility. | |
| 10972 | 10833 | B.A medical cannabis manufacturer is authorized to transport plant material | |
| 10973 | 10834 | waste: | |
| 10974 | 10835 | (1)from its manufacturing facility to a waste disposal site; and | |
| 10975 | 10836 | (2)when a specific nonroutine transport request from the manufacturer is | |
| 10976 | 10837 | approved by the commissioner. | |
| 10977 | 10838 | Subp. 2.Transporting medical cannabis. | |
| 10978 | 10839 | A.A medical cannabis manufacturer must use a manifest system, approved by | |
| 10979 | 10840 | the commissioner, to track shipping of medical cannabis. The manifest system must include | |
| 10980 | 10841 | a chain of custody that records: | |
| 10981 | 10842 | (1)the name and address of the destination; | |
| 10982 | 10843 | (2)the weight, measure, or numerical count and description of each individual | |
| 10983 | 10844 | package that is part of the shipment, and the total number of individual packages; | |
| 10984 | 10845 | (3)the date and time the medical cannabis shipment is placed into the transport | |
| 10985 | 10846 | vehicle; | |
| 10986 | 10847 | 33R | |
| 10987 | 10848 | APPENDIX | |
| 10988 | - | Repealed Minnesota Rules: S0073- | |
| 10849 | + | Repealed Minnesota Rules: S0073-9 (4)the date and time the shipment is accepted at the delivery destination; | |
| 10989 | 10850 | (5)the person's identity, and the circumstances, duration, and disposition of | |
| 10990 | 10851 | any other person who had custody or control of the shipment; and | |
| 10991 | 10852 | (6)any handling or storage instructions. | |
| 10992 | 10853 | B.Before transporting medical cannabis, a medical cannabis manufacturer must: | |
| 10993 | 10854 | (1)complete a manifest on a form approved by the commissioner; and | |
| 10994 | 10855 | (2)transmit a copy of the manifest to the manufacturer's distribution facility, | |
| 10995 | 10856 | a laboratory, or a waste-to-energy facility, as applicable. | |
| 10996 | 10857 | C.The manifest must be signed by: | |
| 10997 | 10858 | (1)an authorized manufacturer employee when departing the manufacturing | |
| 10998 | 10859 | facility; and | |
| 10999 | 10860 | (2)an authorized employee of the receiving distribution facility, laboratory, | |
| 11000 | 10861 | or waste-to-energy facility. | |
| 11001 | 10862 | D.An authorized employee at the facility receiving medical cannabis must: | |
| 11002 | 10863 | (1)verify and document the type and quantity of the transported medical | |
| 11003 | 10864 | cannabis against the manifest; | |
| 11004 | 10865 | (2)return a copy of the signed manifest to the manufacturing facility; and | |
| 11005 | 10866 | (3)record the medical cannabis that is received as inventory according to | |
| 11006 | 10867 | part 4770.1800. | |
| 11007 | 10868 | E.A manufacturer must maintain all manifests for at least five years and make | |
| 11008 | 10869 | them available upon request of the commissioner. | |
| 11009 | 10870 | Subp. 3.Transportation of medical cannabis; vehicle requirements. | |
| 11010 | 10871 | A.A manufacturer must ensure that: | |
| 11011 | 10872 | (1)all medical cannabis transported on public roadways is: | |
| 11012 | 10873 | (a)packaged in tamper-evident, bulk containers; | |
| 11013 | 10874 | (b)transported so it is not visible or recognizable from outside the | |
| 11014 | 10875 | vehicle; | |
| 11015 | 10876 | (c)transported in a vehicle that does not bear any markings to indicate | |
| 11016 | 10877 | that the vehicle contains cannabis or bears the name or logo of the manufacturer; and | |
| 11017 | 10878 | (d)kept in a compartment of a transporting vehicle that maintains | |
| 11018 | 10879 | appropriate temperatures and conditions that will protect plant material and medical cannabis | |
| 11019 | 10880 | against physical, chemical, and microbial contamination or deterioration. | |
| 11020 | 10881 | B.Manufacturer employees who are transporting medical cannabis, plant waste, | |
| 11021 | 10882 | or medical cannabis waste on public roadways must: | |
| 11022 | 10883 | (1)travel directly to the destination listed on the transportation manifest; | |
| 11023 | 10884 | (2)document refueling and all other stops in transit, including: | |
| 11024 | 10885 | (a)the reason for the stop; | |
| 11025 | 10886 | (b)the duration of the stop; | |
| 11026 | 10887 | (c)the location of the stop; and | |
| 11027 | 10888 | (d)all activities of employees exiting the vehicle; and | |
| 11028 | 10889 | (3)not wear manufacturer-branded clothing or clothing that identifies the | |
| 11029 | 10890 | employee as an employee of the manufacturer. | |
| 11030 | 10891 | 34R | |
| 11031 | 10892 | APPENDIX | |
| 11032 | - | Repealed Minnesota Rules: S0073- | |
| 10893 | + | Repealed Minnesota Rules: S0073-9 C.If an emergency requires stopping the vehicle, the employee must notify 911 | |
| 11033 | 10894 | and complete an incident report form provided by the commissioner. | |
| 11034 | 10895 | D.Under no circumstance may any person other than a designated manufacturer | |
| 11035 | 10896 | employee have actual physical control of the motor vehicle that is transporting the medical | |
| 11036 | 10897 | cannabis. | |
| 11037 | 10898 | E.A medical cannabis manufacturer must staff all motor vehicles with a minimum | |
| 11038 | 10899 | of two employees when transporting medical cannabis between a manufacturing facility | |
| 11039 | 10900 | and a distribution facility. At least one employee must remain with the motor vehicle at all | |
| 11040 | 10901 | times that the motor vehicle contains medical cannabis. A single employee may transport | |
| 11041 | 10902 | medical cannabis to an approved laboratory. | |
| 11042 | 10903 | F.Each employee in a transport motor vehicle must have communication access | |
| 11043 | 10904 | with the medical cannabis manufacturer's personnel, and have the ability to contact law | |
| 11044 | 10905 | enforcement through the 911 emergency system at all times that the motor vehicle contains | |
| 11045 | 10906 | medical cannabis. | |
| 11046 | 10907 | G.An employee must carry the employee's identification card at all times when | |
| 11047 | 10908 | transporting or delivering cannabis and, upon request, produce the identification card to the | |
| 11048 | 10909 | commissioner or to a law enforcement officer acting in the course of official duties. | |
| 11049 | 10910 | H.A medical cannabis manufacturer must not leave a vehicle that is transporting | |
| 11050 | 10911 | medical cannabis unattended overnight. | |
| 11051 | 10912 | 4770.1200DISPOSAL OF MEDICAL CANNABIS AND PLANT MATERIAL. | |
| 11052 | 10913 | Subpart 1.Medical cannabis take-back.A medical cannabis manufacturer must | |
| 11053 | 10914 | accept at no charge unused, excess, or contaminated medical cannabis. A manufacturer | |
| 11054 | 10915 | must: | |
| 11055 | 10916 | A.dispose of the returned medical cannabis as provided in subpart 2; and | |
| 11056 | 10917 | B.maintain a written record of disposal that includes: | |
| 11057 | 10918 | (1)the name of the patient; | |
| 11058 | 10919 | (2)the date the medical cannabis was returned; | |
| 11059 | 10920 | (3)the quantity of medical cannabis returned; and | |
| 11060 | 10921 | (4)the type and batch number of medical cannabis returned. | |
| 11061 | 10922 | Subp. 2.Medical cannabis and plant material waste.A medical cannabis | |
| 11062 | 10923 | manufacturer must store, secure, and manage medical cannabis waste and plant material | |
| 11063 | 10924 | waste in accordance with all applicable federal, state, and local regulations. | |
| 11064 | 10925 | A.The manufacturer must dispose of medical cannabis waste by incineration at | |
| 11065 | 10926 | a waste-to-energy facility according to federal and state law. | |
| 11066 | 10927 | B.The manufacturer must dispose of plant material by composting as follows: | |
| 11067 | 10928 | (1)at the manufacturing facility, according to federal and state law; or | |
| 11068 | 10929 | (2)at an approved composting facility, according to federal and state law. | |
| 11069 | 10930 | C.Before transport, the manufacturer must render plant material waste unusable | |
| 11070 | 10931 | and unrecognizable by grinding and incorporating the waste with a greater quantity of | |
| 11071 | 10932 | nonconsumable, solid wastes including: | |
| 11072 | 10933 | (1)paper waste; | |
| 11073 | 10934 | (2)cardboard waste; | |
| 11074 | 10935 | (3)food waste; | |
| 11075 | 10936 | (4)yard waste; | |
| 11076 | 10937 | 35R | |
| 11077 | 10938 | APPENDIX | |
| 11078 | - | Repealed Minnesota Rules: S0073- | |
| 10939 | + | Repealed Minnesota Rules: S0073-9 (5)vegetative wastes generated from industrial or manufacturing processes | |
| 11079 | 10940 | that prepare food for human consumption; | |
| 11080 | 10941 | (6)soil; or | |
| 11081 | 10942 | (7)other waste approved by the commissioner. | |
| 11082 | 10943 | Subp. 3.Liquid and chemical waste disposal.The medical cannabis manufacturer | |
| 11083 | 10944 | must dispose of all liquid and chemical product waste generated in the process of cultivating, | |
| 11084 | 10945 | manufacturing, and distributing medical cannabis in accordance with all applicable federal, | |
| 11085 | 10946 | state, and local regulations. | |
| 11086 | 10947 | Subp. 4.Waste-tracking requirements.The medical cannabis manufacturer must | |
| 11087 | 10948 | use forms provided by the commissioner to maintain accurate and comprehensive records | |
| 11088 | 10949 | regarding waste material that accounts for, reconciles, and evidences all waste activity | |
| 11089 | 10950 | related to the disposal of medical cannabis waste and plant material waste. | |
| 11090 | 10951 | 4770.1300MANDATORY SIGNAGE. | |
| 11091 | 10952 | A.A medical cannabis manufacturer must post a sign in a conspicuous location | |
| 11092 | 10953 | at each entrance of the manufacturing facility that reads "PERSONS UNDER TWENTY-ONE | |
| 11093 | 10954 | YEARS OF AGE NOT PERMITTED IN RESTRICTED ACCESS AREAS." | |
| 11094 | 10955 | B.A manufacturer must post a sign in a conspicuous location at every entrance | |
| 11095 | 10956 | to the manufacturing facility and each distribution facility that reads "THESE PREMISES | |
| 11096 | 10957 | ARE UNDER CONSTANT VIDEO SURVEILLANCE." | |
| 11097 | 10958 | 4770.1400PERSONNEL IDENTIFICATION SYSTEM. | |
| 11098 | 10959 | Subpart 1.Identification system.A medical cannabis manufacturer must use a | |
| 11099 | 10960 | personnel identification system that controls and monitors individual employee access to | |
| 11100 | 10961 | restricted access areas within the manufacturing facility and distribution facility and that | |
| 11101 | 10962 | meets the requirements of this part and part 4770.0700. | |
| 11102 | 10963 | Subp. 2.Employee identification card requirement.An employee identification | |
| 11103 | 10964 | card must contain: | |
| 11104 | 10965 | A.the name of the cardholder; | |
| 11105 | 10966 | B.the date of issuance and expiration; | |
| 11106 | 10967 | C.an alphanumeric identification number that is unique to the cardholder; and | |
| 11107 | 10968 | D.a photographic image of the cardholder. | |
| 11108 | 10969 | Subp. 3.Visitor pass required.A visitor must wear a visitor pass issued by the | |
| 11109 | 10970 | medical cannabis manufacturer that is visible at all times. | |
| 11110 | 10971 | Subp. 4.Employee identification card on person and visible at all times.A | |
| 11111 | 10972 | manufacturer's employee must keep the employee's identification card visible at all times | |
| 11112 | 10973 | when in a manufacturing facility, distribution facility, or vehicle transporting medical | |
| 11113 | 10974 | cannabis. | |
| 11114 | 10975 | Subp. 5.Termination of employment.Upon termination of an employee, a medical | |
| 11115 | 10976 | cannabis manufacturer must obtain and destroy the terminated employee's identification | |
| 11116 | 10977 | card. | |
| 11117 | 10978 | 4770.1460RENEWAL OF REGISTRATION. | |
| 11118 | 10979 | Subpart 1.Application.A registered manufacturer must submit an application to | |
| 11119 | 10980 | renew its registration with the commissioner at least six months before its registration term | |
| 11120 | 10981 | expires. The application must include: | |
| 11121 | 10982 | A.any material change in its previous application materials; | |
| 11122 | 10983 | 36R | |
| 11123 | 10984 | APPENDIX | |
| 11124 | - | Repealed Minnesota Rules: S0073- | |
| 10985 | + | Repealed Minnesota Rules: S0073-9 B.information about each alleged incident involving theft, loss, or possible | |
| 11125 | 10986 | diversion of medical cannabis by an employee, agent, or contractor of the manufacturer; | |
| 11126 | 10987 | C.the manufacturer's compliance with all relevant state and local laws; | |
| 11127 | 10988 | D.information about the manufacturer's ability to continue manufacturing and | |
| 11128 | 10989 | distributing medical cannabis, including financial viability and ability to ensure adequate | |
| 11129 | 10990 | supply of medical cannabis; and | |
| 11130 | 10991 | E.any other information requested by the commissioner. | |
| 11131 | 10992 | Subp. 2.Criteria.The commissioner must use criteria listed in Minnesota Statutes, | |
| 11132 | 10993 | section 152.25, subdivision 1, paragraph (c), when considering a manufacturer's application | |
| 11133 | 10994 | to renew its registration. | |
| 11134 | 10995 | Subp. 3.Notification.The commissioner must notify the manufacturer of the | |
| 11135 | 10996 | commissioner's decision to approve or deny the manufacturer's registration application at | |
| 11136 | 10997 | least 120 days before the expiration of the registration agreement. | |
| 11137 | 10998 | 4770.1500CLOSURE OF OPERATIONS; DEREGISTRATION. | |
| 11138 | 10999 | Subpart 1.Notice.A medical cannabis manufacturer shall notify the commissioner | |
| 11139 | 11000 | at least six months before the closure of the manufacturing facility and its distribution | |
| 11140 | 11001 | facilities. | |
| 11141 | 11002 | Subp. 2.Procedures.If a medical cannabis manufacturer ceases operation, the | |
| 11142 | 11003 | commissioner must verify the remaining inventory of the manufacturer and seize all plant | |
| 11143 | 11004 | material, plant material waste, and medical cannabis. The commissioner must ensure that | |
| 11144 | 11005 | any plant material, plant material waste, and medical cannabis is destroyed by incineration | |
| 11145 | 11006 | at a waste-to-energy facility. | |
| 11146 | 11007 | 4770.1600RECORD KEEPING; REQUIREMENTS. | |
| 11147 | 11008 | A.A medical cannabis manufacturer must maintain for at least five years complete, | |
| 11148 | 11009 | legible, and current records, including: | |
| 11149 | 11010 | (1)the date of each sale or distribution; | |
| 11150 | 11011 | (2)the registration number of all patients; | |
| 11151 | 11012 | (3)the item number, product name and description, and quantity of medical | |
| 11152 | 11013 | cannabis sold or otherwise distributed; | |
| 11153 | 11014 | (4)records of sale prices of medical cannabis to patients; | |
| 11154 | 11015 | (5)the quantity and form of medical cannabis maintained by the manufacturer | |
| 11155 | 11016 | at the manufacturing facility on a daily basis; and | |
| 11156 | 11017 | (6)the amount of plants being grown at the manufacturing facility on a daily | |
| 11157 | 11018 | basis. | |
| 11158 | 11019 | B.A medical cannabis manufacturer must maintain records that reflect all financial | |
| 11159 | 11020 | transactions and the financial condition of the business. The following records must be | |
| 11160 | 11021 | maintained for at least five years and made available for review, upon request of the | |
| 11161 | 11022 | commissioner: | |
| 11162 | 11023 | (1)purchase invoices, bills of lading, transport manifests, sales records, copies | |
| 11163 | 11024 | of bills of sale, and any supporting documents, to include the items or services purchased, | |
| 11164 | 11025 | from whom the items were purchased, and the date of purchase; | |
| 11165 | 11026 | (2)bank statements and canceled checks for all business accounts; | |
| 11166 | 11027 | (3)accounting and tax records; | |
| 11167 | 11028 | (4)records of all financial transactions, including contracts and agreements | |
| 11168 | 11029 | for services performed or services received; | |
| 11169 | 11030 | 37R | |
| 11170 | 11031 | APPENDIX | |
| 11171 | - | Repealed Minnesota Rules: S0073- | |
| 11032 | + | Repealed Minnesota Rules: S0073-9 (5)all personnel records; | |
| 11172 | 11033 | (6)crop inputs applied to the growing medium, plants, or plant material used | |
| 11173 | 11034 | in production; | |
| 11174 | 11035 | (7)production records; | |
| 11175 | 11036 | (8)transportation records; | |
| 11176 | 11037 | (9)inventory records; | |
| 11177 | 11038 | (10)records of all samples sent to a testing laboratory and the quality | |
| 11178 | 11039 | assurance test results; and | |
| 11179 | 11040 | (11)records of any theft, loss, or other unaccountability of any medical | |
| 11180 | 11041 | cannabis or plant material. | |
| 11181 | 11042 | 4770.1700MEDICAL CANNABIS MANUFACTURER; PRODUCTION | |
| 11182 | 11043 | REQUIREMENTS. | |
| 11183 | 11044 | Subpart 1.Cultivation and processing; generally. | |
| 11184 | 11045 | A.Only a registered medical cannabis manufacturer is authorized to produce and | |
| 11185 | 11046 | manufacture medical cannabis. | |
| 11186 | 11047 | B.All phases of production must take place in designated, restricted access areas | |
| 11187 | 11048 | that are monitored by a surveillance camera system in accordance with part 4770.0900. | |
| 11188 | 11049 | C.All areas must be compartmentalized based on function, and employee access | |
| 11189 | 11050 | must be restricted between compartments. | |
| 11190 | 11051 | D.The production process must be designed to limit contamination. Examples of | |
| 11191 | 11052 | contamination include mold, fungus, bacterial diseases, rot, pests, nonorganic pesticides, | |
| 11192 | 11053 | and mildew. | |
| 11193 | 11054 | E.Each production area must have an open aisle for unobstructed access, | |
| 11194 | 11055 | observation, and inventory of each plant group. | |
| 11195 | 11056 | F.Biosecurity measures must be in effect and documented according to part | |
| 11196 | 11057 | 4770.0400, subpart 1. | |
| 11197 | 11058 | G.The manufacturer must maintain a record at the facility of all crop inputs for | |
| 11198 | 11059 | at least five years. The record must include the following: | |
| 11199 | 11060 | (1)the date of application; | |
| 11200 | 11061 | (2)the name of the employee applying the crop input; | |
| 11201 | 11062 | (3)the name and description of the crop input that was applied, including the | |
| 11202 | 11063 | chemical name, product name, and manufacturer, where applicable; | |
| 11203 | 11064 | (4)the section, including the square footage, that received the application by | |
| 11204 | 11065 | batch number; | |
| 11205 | 11066 | (5)either the amount or concentration of crop input, or both, that was applied; | |
| 11206 | 11067 | (6)a copy of the label of the crop input applied; and | |
| 11207 | 11068 | (7)the vendor or other origin of the crop input. | |
| 11208 | 11069 | H.At the time of planting, all plants must be tracked in a batch process with a | |
| 11209 | 11070 | unique batch number that must remain with the batch through final packaging. | |
| 11210 | 11071 | I.A manufacturer must record any removal of plants from the batch on a record | |
| 11211 | 11072 | maintained at the manufacturing facility for at least five years. | |
| 11212 | 11073 | J.The batch number must be displayed on the label of the medical cannabis. | |
| 11213 | 11074 | 38R | |
| 11214 | 11075 | APPENDIX | |
| 11215 | - | Repealed Minnesota Rules: S0073- | |
| 11076 | + | Repealed Minnesota Rules: S0073-9 Subp. 1a.Crop inputs used in cultivation of dried raw cannabis. | |
| 11216 | 11077 | A.A manufacturer cultivating plants intended to become dried raw cannabis must | |
| 11217 | 11078 | follow practices and procedures that minimize the risk of chemical contamination or | |
| 11218 | 11079 | adulteration of the medical cannabis. | |
| 11219 | 11080 | B.A manufacturer may only apply a pesticide in the cultivation of medical cannabis | |
| 11220 | 11081 | if the pesticide has been: | |
| 11221 | 11082 | (1)deemed to be minimum risk by the United States Environmental Protection | |
| 11222 | 11083 | Agency in accordance with Code of Federal Regulations, title 40, section 152.25 (f), and | |
| 11223 | 11084 | exempted from United States Code, title 7, section 136 et seq., the Federal Insecticide, | |
| 11224 | 11085 | Fungicide, and Rodenticide Act (FIFRA), and the pesticide's label does not exclude its use | |
| 11225 | 11086 | on a genus cannabis plant; | |
| 11226 | 11087 | (2)registered with the United States Environmental Protection Agency under | |
| 11227 | 11088 | section 3 of FIFRA, United States Code, title 7, section 136 et seq., and is labeled for use | |
| 11228 | 11089 | on medical cannabis or cannabis used for human consumption; or | |
| 11229 | 11090 | (3)registered with the United States Environmental Protection Agency under | |
| 11230 | 11091 | section 3 of FIFRA, United States Code, title 7, section 136 et seq., and: | |
| 11231 | 11092 | (a)the active ingredient found in the pesticide is either exempt from the | |
| 11232 | 11093 | tolerance requirements in Code of Federal Regulations, title 40, part 180, subpart D, or does | |
| 11233 | 11094 | not require an exemption from the tolerance requirement in Code of Federal Regulations, | |
| 11234 | 11095 | title 40, part 180, subpart E; | |
| 11235 | 11096 | (b)the pesticide product label does not prohibit use within an enclosed | |
| 11236 | 11097 | structure for the site of application; | |
| 11237 | 11098 | (c)the pesticide product label expressly has directions for use on | |
| 11238 | 11099 | unspecified crops or plants intended for human consumption; and | |
| 11239 | 11100 | (d)the pesticide product is used in accordance with all applicable | |
| 11240 | 11101 | instructions, restrictions, and requirements on the product label. | |
| 11241 | 11102 | C.A manufacturer may use rooting hormones or cloning gels only during the | |
| 11242 | 11103 | propagation phase of the plant life cycle. | |
| 11243 | 11104 | D.A manufacturer must store all crop input stocks in their original containers | |
| 11244 | 11105 | with their original labels intact. The manufacturer must ensure that packaged fertilizers and | |
| 11245 | 11106 | containers of diluted or prepared fertilizer remain labeled with information as required in | |
| 11246 | 11107 | Minnesota Statutes, section 18C.215, at all times. | |
| 11247 | 11108 | E.The manufacturer must apply, store, and dispose of crop inputs, rinsate, and | |
| 11248 | 11109 | containers according to label instructions and all other applicable laws and regulations. | |
| 11249 | 11110 | F.If an audit sample tested under part 4770.3035 shows the presence of a crop | |
| 11250 | 11111 | input not permitted under this subpart, the batch and any finished good produced from the | |
| 11251 | 11112 | batch are adulterated and must be disposed of as medical cannabis waste under part | |
| 11252 | 11113 | 4770.1200, subpart 2. The use of pesticides not permitted under this part is presumptively | |
| 11253 | 11114 | classified as a serious violation under Minnesota Statutes, sections 144.989 to 144.993. | |
| 11254 | 11115 | Subp. 2.Production of medical cannabis. | |
| 11255 | 11116 | A.The commissioner must approve the manufacturer's use of any | |
| 11256 | 11117 | hydrocarbon-based extraction process. Examples of a hydrocarbon-based extraction process | |
| 11257 | 11118 | include the use of butane, ethanol, hexane, and isopropyl alcohol. | |
| 11258 | 11119 | B.Medical cannabis must be prepared, handled, and stored in compliance with | |
| 11259 | 11120 | the sanitation requirements in this part. | |
| 11260 | 11121 | C.A manufacturer must maintain appropriate temperatures and conditions that | |
| 11261 | 11122 | will protect plant material and medical cannabis against physical, chemical, and microbial | |
| 11262 | 11123 | contamination or deterioration of the product or its container. | |
| 11263 | 11124 | 39R | |
| 11264 | 11125 | APPENDIX | |
| 11265 | - | Repealed Minnesota Rules: S0073- | |
| 11126 | + | Repealed Minnesota Rules: S0073-9 D.A manufacturer must ensure that the cannabinoid content of the medical | |
| 11266 | 11127 | cannabis it produces is homogenous. | |
| 11267 | 11128 | E.Prior to distributing new finished goods to customers, a manufacturer must | |
| 11268 | 11129 | obtain the commissioner's approval. The commissioner shall: | |
| 11269 | 11130 | (1)for each manufacturer, maintain a registered finished goods list containing | |
| 11270 | 11131 | packaged product information; and | |
| 11271 | 11132 | (2)update the list as needed. | |
| 11272 | 11133 | F.The manufacturer must submit a definition of each finished good to the | |
| 11273 | 11134 | commissioner to include in the registered finished goods list before a batch sample may be | |
| 11274 | 11135 | tested. | |
| 11275 | 11136 | G.Pre-rolls must not contain more than one gram of dried raw cannabis each. | |
| 11276 | 11137 | Subp. 3.General sanitation requirements.A manufacturer must take all reasonable | |
| 11277 | 11138 | measures and precautions to ensure that: | |
| 11278 | 11139 | A.any employee who has a communicable disease does not perform any tasks | |
| 11279 | 11140 | that might contaminate plant material or medical cannabis; | |
| 11280 | 11141 | B.hand-washing facilities are: | |
| 11281 | 11142 | (1)convenient and furnished with running water at a suitable temperature; | |
| 11282 | 11143 | (2)located in all production areas; and | |
| 11283 | 11144 | (3)equipped with effective hand-cleaning and sanitizing preparations and | |
| 11284 | 11145 | sanitary towel service or electronic drying devices; | |
| 11285 | 11146 | C.all employees working in direct contact with plant material and medical cannabis | |
| 11286 | 11147 | must use hygienic practices while on duty, including: | |
| 11287 | 11148 | (1)maintaining personal cleanliness; and | |
| 11288 | 11149 | (2)washing hands thoroughly in a hand-washing area before starting work | |
| 11289 | 11150 | and at any other time when the hands may have become soiled or contaminated; | |
| 11290 | 11151 | D.litter and waste are routinely removed and the operating systems for waste | |
| 11291 | 11152 | disposal are routinely inspected; | |
| 11292 | 11153 | E.floors, walls, and ceilings are constructed with a surface that can be easily | |
| 11293 | 11154 | cleaned and maintained in good repair to inhibit microbial growth; | |
| 11294 | 11155 | F.lighting is adequate in all areas where plant material and medical cannabis are | |
| 11295 | 11156 | processed, stored, or sold; | |
| 11296 | 11157 | G.screening or other protection against the entry of pests is provided, including | |
| 11297 | 11158 | that rubbish is disposed of to minimize the development of odor and the potential for the | |
| 11298 | 11159 | waste becoming an attractant, harborage, or breeding place for pests; | |
| 11299 | 11160 | H.any buildings, fixtures, and other facilities are maintained in a sanitary condition; | |
| 11300 | 11161 | I.toxic cleaning compounds, sanitizing agents, and other potentially harmful | |
| 11301 | 11162 | chemicals are identified and stored in a separate location away from plant material and | |
| 11302 | 11163 | medical cannabis and in accordance with applicable local, state, or federal law; | |
| 11303 | 11164 | J.all contact surfaces, utensils, and equipment used in the production of plant | |
| 11304 | 11165 | material and medical cannabis are maintained in a clean and sanitary condition; | |
| 11305 | 11166 | K.the manufacturing facility water supply is sufficient for necessary operations; | |
| 11306 | 11167 | L.plumbing size and design meets operational needs and all applicable state and | |
| 11307 | 11168 | local laws; | |
| 11308 | 11169 | 40R | |
| 11309 | 11170 | APPENDIX | |
| 11310 | - | Repealed Minnesota Rules: S0073- | |
| 11171 | + | Repealed Minnesota Rules: S0073-9 M.employees have accessible toilet facilities that are sanitary and in good repair; | |
| 11311 | 11172 | and | |
| 11312 | 11173 | N.plant material and medical cannabis that could support the rapid growth of | |
| 11313 | 11174 | undesirable microorganisms are isolated to prevent the growth of those microorganisms. | |
| 11314 | 11175 | Subp. 4.Storage. | |
| 11315 | 11176 | A.A manufacturer must store plant material and medical cannabis during | |
| 11316 | 11177 | production, transport, and testing to prevent diversion, theft, or loss, including ensuring: | |
| 11317 | 11178 | (1)plant material and medical cannabis are returned to a secure location | |
| 11318 | 11179 | immediately after completion of the process or at the end of the scheduled business day; | |
| 11319 | 11180 | and | |
| 11320 | 11181 | (2)the tanks, vessels, bins, or bulk containers containing plant material or | |
| 11321 | 11182 | medical cannabis are locked inside a secure area if a process is not completed at the end of | |
| 11322 | 11183 | a business day. | |
| 11323 | 11184 | B.A manufacturer must store all plant material and medical cannabis during | |
| 11324 | 11185 | production, transport, and testing, and all saleable medical cannabis: | |
| 11325 | 11186 | (1)in areas that are maintained in a clean, orderly, and well-ventilated | |
| 11326 | 11187 | condition; and | |
| 11327 | 11188 | (2)in storage areas that are free from infestation by insects, rodents, birds, | |
| 11328 | 11189 | and other pests of any kind. | |
| 11329 | 11190 | C.To prevent degradation, a manufacturer must store all plant material and medical | |
| 11330 | 11191 | cannabis in production, transport, and testing, and all saleable medical cannabis under | |
| 11331 | 11192 | conditions that will protect it against physical, chemical, and microbial contamination and | |
| 11332 | 11193 | deterioration of the product and its container. | |
| 11333 | 11194 | D.A manufacturer must maintain a separate secure storage area for medical | |
| 11334 | 11195 | cannabis that is returned, including medical cannabis that is outdated, damaged, deteriorated, | |
| 11335 | 11196 | mislabeled, or contaminated, or whose containers or packaging have been opened or breached, | |
| 11336 | 11197 | until the returned medical cannabis is destroyed. For purposes of this part, a separate, secure | |
| 11337 | 11198 | storage area includes a container, closet, or room that can be locked or secured. | |
| 11338 | 11199 | 4770.1800INVENTORY. | |
| 11339 | 11200 | Subpart 1.Controls and procedures.A medical cannabis manufacturer must establish | |
| 11340 | 11201 | inventory controls and procedures for conducting inventory reviews and comprehensive | |
| 11341 | 11202 | inventories of plant material and medical cannabis to prevent and detect any diversion, theft, | |
| 11342 | 11203 | or loss in a timely manner. | |
| 11343 | 11204 | Subp. 2.Reliable and ongoing supply.A medical cannabis manufacturer must provide | |
| 11344 | 11205 | a reliable and ongoing supply of medical cannabis as required by Minnesota Statutes, section | |
| 11345 | 11206 | 152.29, subdivision 2. | |
| 11346 | 11207 | Subp. 3.Real-time inventory.A medical cannabis manufacturer must maintain a | |
| 11347 | 11208 | real-time record of its inventory of plant material and medical cannabis to include: | |
| 11348 | 11209 | A.the date and time of the inventory; | |
| 11349 | 11210 | B.a summary of inventory findings, including: | |
| 11350 | 11211 | (1)the weight of cannabis seeds by type, strain, and cultivar; | |
| 11351 | 11212 | (2)the total count of plants, whether in the flowering, vegetative, or clone | |
| 11352 | 11213 | phase of growth and organized by room in which the plants are grown; | |
| 11353 | 11214 | (3)the batch number, weight or unit count, and strain name associated with | |
| 11354 | 11215 | each batch at the production facility that has been prepared for testing or is ready for transport | |
| 11355 | 11216 | to a distribution facility; | |
| 11356 | 11217 | 41R | |
| 11357 | 11218 | APPENDIX | |
| 11358 | - | Repealed Minnesota Rules: S0073- | |
| 11219 | + | Repealed Minnesota Rules: S0073-9 (4)the total number of plants that have been harvested but are not yet | |
| 11359 | 11220 | associated with a batch and every unique plant identifier; | |
| 11360 | 11221 | (5)the amount of acquired industrial hemp; and | |
| 11361 | 11222 | (6)the amount of medical cannabis, either by weight or units, sold since | |
| 11362 | 11223 | previous inventory and listed by product name and registry identifier; | |
| 11363 | 11224 | C.the names of the employees or employee conducting the inventory; and | |
| 11364 | 11225 | D.other information deemed necessary and requested by the commissioner. | |
| 11365 | 11226 | Subp. 4.Waste inventory.The medical cannabis manufacturer must maintain a | |
| 11366 | 11227 | real-time record of its inventory of all medical cannabis waste, including damaged, defective, | |
| 11367 | 11228 | expired, contaminated, recalled, or returned medical cannabis for disposal, and plant material | |
| 11368 | 11229 | waste for disposal. | |
| 11369 | 11230 | Subp. 5.Reconciliation.At the close of business each day, a medical cannabis | |
| 11370 | 11231 | manufacturer must reconcile by conducting a physical inventory of all: | |
| 11371 | 11232 | A.plant material at the manufacturing facility and in transit; and | |
| 11372 | 11233 | B.medical cannabis at the manufacturing facility, each distribution facility, and | |
| 11373 | 11234 | in transit. | |
| 11374 | 11235 | Subp. 6.Scales.All scales used to weigh usable plant material for purposes of this | |
| 11375 | 11236 | chapter must be certified in accordance with the International Organization for | |
| 11376 | 11237 | Standardization (ISO), ISO/IEC Standard 17025, which is incorporated by reference. | |
| 11377 | 11238 | Subp. 7.Discrepancies.If discrepancies are discovered outside of loss standard to | |
| 11378 | 11239 | the industry due to moisture loss and handling, the manufacturer must investigate the | |
| 11379 | 11240 | discrepancy and must submit a report of its investigation to the commissioner within seven | |
| 11380 | 11241 | days. If a discrepancy is due to suspected criminal activity, the manufacturer must notify | |
| 11381 | 11242 | the commissioner and appropriate law enforcement agencies in writing within 24 hours. | |
| 11382 | 11243 | 4770.1900MEDICAL CANNABIS LABORATORY APPROVAL. | |
| 11383 | 11244 | Subpart 1.Commissioner's authority.The commissioner must approve any medical | |
| 11384 | 11245 | cannabis laboratory that tests medical cannabis for a registered medical cannabis manufacturer | |
| 11385 | 11246 | under Minnesota Statutes, section 152.25, subdivision 1, paragraph (d). A medical cannabis | |
| 11386 | 11247 | laboratory may seek approval to use specific procedures to test the allowable product types | |
| 11387 | 11248 | and analytes according to parts 4770.1900 to 4770.2400, which specify the commissioner's | |
| 11388 | 11249 | requirements authorized by Minnesota Statutes, section 152.29, subdivision 1, paragraph | |
| 11389 | 11250 | (b). | |
| 11390 | 11251 | Subp. 2.Eligibility.The commissioner may only approve a medical cannabis laboratory | |
| 11391 | 11252 | that tests under a contract with a medical cannabis manufacturer that can demonstrate its | |
| 11392 | 11253 | eligibility under this subpart. The laboratory must: | |
| 11393 | 11254 | A.operate using proper laboratory equipment under a quality assurance system | |
| 11394 | 11255 | and test product types for analytes listed in the commissioner's list in subpart 3; | |
| 11395 | 11256 | B.test medical cannabis delivered in the product types specified in subpart 4; | |
| 11396 | 11257 | C.test accurately for the following elements: | |
| 11397 | 11258 | (1)content, by testing for analytes for a cannabinoid profile; | |
| 11398 | 11259 | (2)contamination, by testing for analytes for: | |
| 11399 | 11260 | (a)metals; | |
| 11400 | 11261 | (b)pesticide residues and plant growth regulators; | |
| 11401 | 11262 | (c)microbiological contaminants and mycotoxins; and | |
| 11402 | 11263 | (d)residual solvents; and | |
| 11403 | 11264 | 42R | |
| 11404 | 11265 | APPENDIX | |
| 11405 | - | Repealed Minnesota Rules: S0073- | |
| 11266 | + | Repealed Minnesota Rules: S0073-9 (3)consistency of medical cannabis by testing for stability. | |
| 11406 | 11267 | Subp. 3.Commissioner list of approved cannabis labs. | |
| 11407 | 11268 | A.The commissioner must publish a list of approved cannabis laboratories in the | |
| 11408 | 11269 | State Register and on the department's medical cannabis program website at least annually. | |
| 11409 | 11270 | B.The commissioner must provide the following information for each approved | |
| 11410 | 11271 | laboratory: | |
| 11411 | 11272 | (1)its scope of approval; | |
| 11412 | 11273 | (2)name, telephone number, and e-mail address of primary laboratory contact; | |
| 11413 | 11274 | and | |
| 11414 | 11275 | (3)physical and mailing address of laboratory. | |
| 11415 | 11276 | Subp. 4.Commissioner's approved medical cannabis product types.The | |
| 11416 | 11277 | commissioner's approved product types include: | |
| 11417 | 11278 | A.liquid, including in oil form; | |
| 11418 | 11279 | B.pill; | |
| 11419 | 11280 | C.vaporized delivery method using liquid or oil; | |
| 11420 | 11281 | D.dried raw cannabis intended to be used or consumed by combustion; and | |
| 11421 | 11282 | E.any other method approved by the commissioner under Minnesota Statutes, | |
| 11422 | 11283 | section 152.27, subdivision 2, paragraph (b). | |
| 11423 | 11284 | Subp. 5.Commissioner's analyte list. | |
| 11424 | 11285 | A.The commissioner must maintain a list of analytes that laboratories must be | |
| 11425 | 11286 | able to test for. The analyte categories include: | |
| 11426 | 11287 | (1)cannabinoid profile; | |
| 11427 | 11288 | (2)metals; | |
| 11428 | 11289 | (3)pesticide residues and plant growth regulators; | |
| 11429 | 11290 | (4)microbiological contaminants and mycotoxins; and | |
| 11430 | 11291 | (5)residual solvents. | |
| 11431 | 11292 | B.The commissioner must publish the analyte list in the State Register and on | |
| 11432 | 11293 | the department's medical cannabis program website. | |
| 11433 | 11294 | C.The commissioner must review the analyte list and publish a notice of any | |
| 11434 | 11295 | analyte updates in the State Register and on the department's medical cannabis program | |
| 11435 | 11296 | website at least every six months. | |
| 11436 | 11297 | 4770.2000MEDICAL CANNABIS LABORATORY APPROVAL; APPLICATION | |
| 11437 | 11298 | AND APPROVAL. | |
| 11438 | 11299 | Subpart 1.Application requirements. | |
| 11439 | 11300 | A.A laboratory must apply for the commissioner's approval on a form provided | |
| 11440 | 11301 | by the commissioner. | |
| 11441 | 11302 | B.A laboratory must also submit the following items: | |
| 11442 | 11303 | (1)a signed and notarized attestation: | |
| 11443 | 11304 | (a)declaring any conflict of interest, actual or perceived, relating to its | |
| 11444 | 11305 | direct or indirect financial interests in any medical cannabis manufacturer form; and | |
| 11445 | 11306 | 43R | |
| 11446 | 11307 | APPENDIX | |
| 11447 | - | Repealed Minnesota Rules: S0073- | |
| 11308 | + | Repealed Minnesota Rules: S0073-9 (b)stating that the laboratory is independent from the medical cannabis | |
| 11448 | 11309 | manufacturers; | |
| 11449 | 11310 | (2)the fields of testing it is applying for approval to test; | |
| 11450 | 11311 | (3)its quality assurance manual; | |
| 11451 | 11312 | (4)its standard operating procedures; | |
| 11452 | 11313 | (5)sample handling, receipt, and acceptance procedures and policies; | |
| 11453 | 11314 | (6)demonstration of laboratory capability and acceptable performance through | |
| 11454 | 11315 | a combination of: | |
| 11455 | 11316 | (a)existing certificates and approvals; | |
| 11456 | 11317 | (b)documented demonstrations of analytical capabilities; and | |
| 11457 | 11318 | (c)documented and acceptable proficiency testing samples from an | |
| 11458 | 11319 | approved provider, where available; | |
| 11459 | 11320 | (7)method validation procedures for testing methods; and | |
| 11460 | 11321 | (8)the name and educational qualifications of at least one technical manager | |
| 11461 | 11322 | responsible for the laboratory achieving and maintaining the quality and analytical standards | |
| 11462 | 11323 | of practice. | |
| 11463 | 11324 | C.A mobile laboratory is considered a separate laboratory and is subject to all | |
| 11464 | 11325 | requirements of parts 4770.1900 to 4770.2300. In addition to the requirements of subpart | |
| 11465 | 11326 | 1, a mobile laboratory must: | |
| 11466 | 11327 | (1)submit a vehicle identification number, license plate number, or other | |
| 11467 | 11328 | uniquely identifying information to the commissioner when applying for approval; and | |
| 11468 | 11329 | (2)designate which fields of testing, equipment, and personnel are associated | |
| 11469 | 11330 | with the mobile laboratory. | |
| 11470 | 11331 | D.The following items are required and must be submitted to the commissioner | |
| 11471 | 11332 | before December 31, 2022: | |
| 11472 | 11333 | (1)a copy of the lab's ISO/IEC 17025:2017 Certificate and Scope of | |
| 11473 | 11334 | Accreditation; and | |
| 11474 | 11335 | (2)a copy of the lab's most recent assessment report, including the scope of | |
| 11475 | 11336 | the assessment to ensure the evaluation of the medical cannabis fields of testing. | |
| 11476 | 11337 | Subp. 2.Application requirements; commissioner's evaluation. | |
| 11477 | 11338 | A.The commissioner must evaluate completed applications using the following | |
| 11478 | 11339 | criteria. | |
| 11479 | 11340 | (1)A laboratory must operate formal management systems under the | |
| 11480 | 11341 | International Organization for Standardization (ISO). The ISO/IEC 17025, General | |
| 11481 | 11342 | Requirements for the Competency of Testing and Calibration Laboratories, includes technical | |
| 11482 | 11343 | and management system requirements which are incorporated by reference in part 4770.2800. | |
| 11483 | 11344 | (2)A laboratory seeking initial or renewal medical cannabis laboratory | |
| 11484 | 11345 | approval after December 31, 2016, must be accredited to Standard ISO/IEC 17025:2005, | |
| 11485 | 11346 | which is incorporated by reference. | |
| 11486 | 11347 | (3)A laboratory must specify one or more fields of testing for which it seeks | |
| 11487 | 11348 | approval. A laboratory must be approved for at least one field of testing to test medical | |
| 11488 | 11349 | cannabis for a medical cannabis manufacturer. | |
| 11489 | 11350 | B.The commissioner must approve or deny the application within 60 days of | |
| 11490 | 11351 | receiving the completed application and any applicable information required under part | |
| 11491 | 11352 | 4770.2000, subpart 1, and subpart 2. | |
| 11492 | 11353 | 44R | |
| 11493 | 11354 | APPENDIX | |
| 11494 | - | Repealed Minnesota Rules: S0073- | |
| 11355 | + | Repealed Minnesota Rules: S0073-9 C.No board member, officer, employee, or other person with a financial interest | |
| 11495 | 11356 | in a medical cannabis manufacturer may have an interest or voting rights in the laboratory. | |
| 11496 | 11357 | D.The commissioner's decision on a laboratory's application is a final agency | |
| 11497 | 11358 | decision. | |
| 11498 | 11359 | Subp. 3.Approval. | |
| 11499 | 11360 | A.When granting approval, the commissioner must notify the laboratory and | |
| 11500 | 11361 | include the following documentation: | |
| 11501 | 11362 | (1)a letter acknowledging compliance with approval requirements by the | |
| 11502 | 11363 | laboratory; | |
| 11503 | 11364 | (2)the scope of approval for the laboratory; | |
| 11504 | 11365 | (3)the logo of the Minnesota Department of Health; | |
| 11505 | 11366 | (4)the name of the laboratory; | |
| 11506 | 11367 | (5)the address of the laboratory; and | |
| 11507 | 11368 | (6)the expiration date of the approval. | |
| 11508 | 11369 | B.If a laboratory's scope of approval changes, the commissioner must issue a new | |
| 11509 | 11370 | document that specifies the revised scope of approval. | |
| 11510 | 11371 | C.A laboratory's approval is valid for one year from the date of the commissioner's | |
| 11511 | 11372 | awarding approval or renewal of approval, unless the commissioner rescinds approval under | |
| 11512 | 11373 | part 4770.2100. | |
| 11513 | 11374 | 4770.2100MEDICAL CANNABIS LABORATORY APPROVAL; INSPECTION | |
| 11514 | 11375 | AND COMPLIANCE. | |
| 11515 | 11376 | Subpart 1.Laboratory inspection and reports. | |
| 11516 | 11377 | A.The commissioner may inspect a lab without prior notice at any time during | |
| 11517 | 11378 | normal business hours to verify compliance with parts 4770.1900 to 4770.2200. The | |
| 11518 | 11379 | commissioner may inspect: | |
| 11519 | 11380 | (1)approved laboratories; and | |
| 11520 | 11381 | (2)laboratories requesting approval. | |
| 11521 | 11382 | B.If the commissioner has sufficient cause to believe that a laboratory's | |
| 11522 | 11383 | proficiency, execution, or validation of analytical methodologies are deficient, the | |
| 11523 | 11384 | commissioner may require and a laboratory must obtain third-party validation and ongoing | |
| 11524 | 11385 | monitoring of the laboratory. The laboratory must pay for all costs associated with the | |
| 11525 | 11386 | commissioner-ordered third-party validation. | |
| 11526 | 11387 | C.An approved laboratory must provide reports to the commissioner regarding | |
| 11527 | 11388 | chemical compositions, microbial compositions, dosages, and noncannabis drug interactions | |
| 11528 | 11389 | under Minnesota Statutes, section 152.25, as requested by the commissioner. | |
| 11529 | 11390 | D.An approved laboratory must provide reports to the medical cannabis | |
| 11530 | 11391 | manufacturer on forms provided by the commissioner. | |
| 11531 | 11392 | Subp. 2.Laboratory approval requirements. | |
| 11532 | 11393 | A.An approved laboratory may not misrepresent its approval on any document | |
| 11533 | 11394 | or marketing material. | |
| 11534 | 11395 | B.A laboratory must make its current approval documentation and corresponding | |
| 11535 | 11396 | scope of approval available upon the request of: | |
| 11536 | 11397 | (1)a client; | |
| 11537 | 11398 | (2)the commissioner; or | |
| 11538 | 11399 | 45R | |
| 11539 | 11400 | APPENDIX | |
| 11540 | - | Repealed Minnesota Rules: S0073- | |
| 11401 | + | Repealed Minnesota Rules: S0073-9 (3)a regulatory agency. | |
| 11541 | 11402 | Subp. 3.Rescinding approval. | |
| 11542 | 11403 | A.The commissioner may rescind an approved cannabis laboratory's approval if | |
| 11543 | 11404 | the commissioner determines the laboratory has failed to: | |
| 11544 | 11405 | (1)submit accurate application materials to the commissioner under part | |
| 11545 | 11406 | 4770.2000; | |
| 11546 | 11407 | (2)comply with application requirements under part 4770.2000; | |
| 11547 | 11408 | (3)comply with all applicable laws, rules, standards, policies, and procedures; | |
| 11548 | 11409 | (4)allow the commissioner or designee to perform physical inspection of | |
| 11549 | 11410 | facilities; | |
| 11550 | 11411 | (5)submit copies of inspection and corrective reports issued by the approved | |
| 11551 | 11412 | ISO/IEC 17025 accreditation body, as requested by the commissioner; | |
| 11552 | 11413 | (6)provide the medical cannabis manufacturer with timely reports; or | |
| 11553 | 11414 | (7)provide the medical cannabis manufacturer with reports compliant with | |
| 11554 | 11415 | the commissioner's designated test report format. | |
| 11555 | 11416 | B.A laboratory must return its approval letter to the commissioner immediately | |
| 11556 | 11417 | if the commissioner rescinds the laboratory's approval. | |
| 11557 | 11418 | C.The commissioner's decision to rescind approval of an approved medical | |
| 11558 | 11419 | cannabis laboratory is a final agency decision. | |
| 11559 | 11420 | 4770.2200MEDICAL CANNABIS LABORATORY APPROVAL; DUTY TO | |
| 11560 | 11421 | NOTIFY. | |
| 11561 | 11422 | Subpart 1.Operational changes. | |
| 11562 | 11423 | A.A laboratory must notify the commissioner in writing within 30 days of a | |
| 11563 | 11424 | change in: | |
| 11564 | 11425 | (1)name of the laboratory; | |
| 11565 | 11426 | (2)physical location, postal mailing address, or e-mail address of the | |
| 11566 | 11427 | laboratory; | |
| 11567 | 11428 | (3)owner of the laboratory; | |
| 11568 | 11429 | (4)name, telephone numbers, or e-mail address of the designated contact | |
| 11569 | 11430 | person; | |
| 11570 | 11431 | (5)name of a technical manager; | |
| 11571 | 11432 | (6)major analytical equipment; or | |
| 11572 | 11433 | (7)test methods. | |
| 11573 | 11434 | B.A laboratory that notifies the commissioner of an operational change under | |
| 11574 | 11435 | item A must include in the notice written results of proficiency testing samples or | |
| 11575 | 11436 | demonstrations of capability analyzed after the reported change. | |
| 11576 | 11437 | Subp. 2.Voluntary withdrawal. | |
| 11577 | 11438 | A.If a laboratory chooses to withdraw its application for approval or its current | |
| 11578 | 11439 | approval in total or in part, the laboratory must: | |
| 11579 | 11440 | (1)notify the commissioner in writing; and | |
| 11580 | 11441 | (2)specify the effective date of withdrawal. | |
| 11581 | 11442 | 46R | |
| 11582 | 11443 | APPENDIX | |
| 11583 | - | Repealed Minnesota Rules: S0073- | |
| 11444 | + | Repealed Minnesota Rules: S0073-9 B.By the effective date of the withdrawal of approval, in total or in part, the | |
| 11584 | 11445 | laboratory must: | |
| 11585 | 11446 | (1)notify current client manufacturers in writing of its intent to withdraw its | |
| 11586 | 11447 | approval; | |
| 11587 | 11448 | (2)indicate the effective date of the withdrawal; and | |
| 11588 | 11449 | (3)submit a copy of each notification to the commissioner. | |
| 11589 | 11450 | 4770.2300MEDICAL CANNABIS LABORATORY APPROVAL; APPEAL OF | |
| 11590 | 11451 | ADMINISTRATIVE DECISION. | |
| 11591 | 11452 | A.The commissioner must notify a laboratory in writing the reason for the decision | |
| 11592 | 11453 | to deny or rescind laboratory approval under part 4770.2100. | |
| 11593 | 11454 | B.A laboratory has 30 days from the commissioner's notice of denial or notice | |
| 11594 | 11455 | of rescinded approval to appeal the decision. A request to appeal must: | |
| 11595 | 11456 | (1)be in writing; | |
| 11596 | 11457 | (2)indicate the facts the laboratory disputes; | |
| 11597 | 11458 | (3)be signed by the laboratory managing agent; and | |
| 11598 | 11459 | (4)be sent to the commissioner. | |
| 11599 | 11460 | C.The commissioner must notify a laboratory of the commissioner's acceptance | |
| 11600 | 11461 | or denial of an appeal request, in writing, within 60 days of receiving the request. The | |
| 11601 | 11462 | commissioner's decision is a final agency decision. | |
| 11602 | 11463 | 4770.2400MEDICAL CANNABIS LABORATORY APPROVAL; VARIANCES. | |
| 11603 | 11464 | The commissioner may grant a variance from parts 4770.1900 to 4770.2200. To request | |
| 11604 | 11465 | a variance, a laboratory must indicate in writing: | |
| 11605 | 11466 | A.the rule part and language for which the variance is sought; | |
| 11606 | 11467 | B.reasons for the request; | |
| 11607 | 11468 | C.alternate measures that the laboratory will take if the commissioner grants its | |
| 11608 | 11469 | request for variance; | |
| 11609 | 11470 | D.the proposed length of time of the variance; and | |
| 11610 | 11471 | E.data that the laboratory will provide to ensure analytical results of equal or | |
| 11611 | 11472 | better reliability, if applicable. | |
| 11612 | 11473 | 4770.2700MEDICAL CANNABIS MANUFACTURER; FINANCIAL | |
| 11613 | 11474 | EXAMINATIONS; PRICING REVIEWS. | |
| 11614 | 11475 | A.A medical cannabis manufacturer must maintain financial records in accordance | |
| 11615 | 11476 | with generally accepted accounting principles and, upon request, must provide any financial | |
| 11616 | 11477 | records to the commissioner. | |
| 11617 | 11478 | B.The commissioner shall request an additional audit of the medical cannabis | |
| 11618 | 11479 | manufacturer, of the same time period, if the commissioner finds one or more of the | |
| 11619 | 11480 | following: | |
| 11620 | 11481 | (1)credible evidence or allegations of financial reporting irregularities not | |
| 11621 | 11482 | revealed in the annual certified financial audit; or | |
| 11622 | 11483 | (2)reasonable cause to believe there are operational or compliance concerns | |
| 11623 | 11484 | involving financing, budgeting, revenues, sales, or pricing. | |
| 11624 | 11485 | 47R | |
| 11625 | 11486 | APPENDIX | |
| 11626 | - | Repealed Minnesota Rules: S0073- | |
| 11487 | + | Repealed Minnesota Rules: S0073-9 4770.2800INCORPORATION BY REFERENCE. | |
| 11627 | 11488 | The International Organization for Standardization (ISO), ISO/IEC Standard 17025, | |
| 11628 | 11489 | is incorporated by reference, is not subject to frequent change, and is made a part of this | |
| 11629 | 11490 | rule where indicated. ISO/IEC Standard 17025 is published by the International Organization | |
| 11630 | 11491 | for Standardization, located at 1, ch. de la Voie-Creuse, CP 56, CH-1211 Geneva 20, | |
| 11631 | 11492 | Switzerland. ISO/IEC Standard 17025 is available in the office of the commissioner of | |
| 11632 | 11493 | health and can be found online at www.isoiec17025.com or www.iso.org. | |
| 11633 | 11494 | 4770.4000APPLICABILITY AND PURPOSE. | |
| 11634 | 11495 | Parts 4770.4000 to 4770.4018 establish the criteria and procedures to be used by the | |
| 11635 | 11496 | commissioner for establishing and overseeing the medical cannabis registry for enrolled | |
| 11636 | 11497 | patients and their designated caregivers. | |
| 11637 | 11498 | 4770.4002DEFINITIONS. | |
| 11638 | 11499 | Subpart 1.Applicability.The terms used in this chapter have the meanings given | |
| 11639 | 11500 | them in this part and in Minnesota Statutes, sections 152.22 to 152.37. | |
| 11640 | 11501 | Subp. 1a.Adverse incident."Adverse incident" means any negative medical | |
| 11641 | 11502 | occurrence in a person after using medical cannabis, either physical or psychological, | |
| 11642 | 11503 | including any harmful reaction, symptom, or disease. | |
| 11643 | 11504 | Subp. 2.DEA Registration Certificate."DEA Registration Certificate" means a | |
| 11644 | 11505 | certificate to prescribe controlled substances issued by the United States Department of | |
| 11645 | 11506 | Justice's Drug Enforcement Administration. | |
| 11646 | 11507 | Subp. 3.Disqualifying felony offense."Disqualifying felony offense" has the meaning | |
| 11647 | 11508 | given in Minnesota Statutes, section 152.22, subdivision 3. | |
| 11648 | 11509 | Subp. 4.Diversion or diverting."Diversion" or "diverting" means the intentional | |
| 11649 | 11510 | transferring of medical cannabis to a person other than a patient, designated registered | |
| 11650 | 11511 | caregiver, or a parent or legal guardian of a patient if the parent or legal guardian of a patient | |
| 11651 | 11512 | is listed on the registry verification. | |
| 11652 | 11513 | Subp. 4a.Diversion involving adverse incidents."Diversion involving adverse | |
| 11653 | 11514 | incidents" means any suspected incident of diversion that results in an adverse incident. | |
| 11654 | 11515 | Subp. 5.Evidence-based medicine."Evidence-based medicine" means documentation | |
| 11655 | 11516 | of published, peer-reviewed best evidence on research related to the use of medical cannabis, | |
| 11656 | 11517 | which includes up-to-date information from relevant, valid research about the effects of | |
| 11657 | 11518 | medical cannabis on different forms of diseases and conditions, its use in health care, the | |
| 11658 | 11519 | potential for harm from exposure, a clinical assessment of the effectiveness of medical | |
| 11659 | 11520 | cannabis in an ongoing treatment paradigm, and any other relevant medical information. | |
| 11660 | 11521 | Subp. 6.Financial interest."Financial interest" means any actual or future right to | |
| 11661 | 11522 | ownership, investment, or compensation arrangement with another person, either directly | |
| 11662 | 11523 | or indirectly, through business, investment, spouse, parent, or child in a medical cannabis | |
| 11663 | 11524 | manufacturer. Financial interest does not include ownership of investment securities in a | |
| 11664 | 11525 | publicly held corporation that is traded on a national exchange or over-the-counter market, | |
| 11665 | 11526 | provided the investment securities held by the person, the person's spouse, parent, or child, | |
| 11666 | 11527 | in the aggregate, do not exceed one percent ownership in the medical cannabis manufacturer. | |
| 11667 | 11528 | Subp. 7.Good standing."Good standing" means a person has a license or registration | |
| 11668 | 11529 | with a licensing board and is not subject to any restriction or oversight by the licensing | |
| 11669 | 11530 | board beyond others in the same class. | |
| 11670 | 11531 | Subp. 8.Health care practitioner."Health care practitioner" has the meaning given | |
| 11671 | 11532 | in Minnesota Statutes, section 152.22, subdivision 4. | |
| 11672 | 11533 | Subp. 9.Health record."Health record" has the meaning given in Minnesota Statutes, | |
| 11673 | 11534 | section 144.291, subdivision 2, paragraph (c). | |
| 11674 | 11535 | 48R | |
| 11675 | 11536 | APPENDIX | |
| 11676 | - | Repealed Minnesota Rules: S0073- | |
| 11537 | + | Repealed Minnesota Rules: S0073-9 Subp. 10.Medical cannabis."Medical cannabis" has the meaning given in Minnesota | |
| 11677 | 11538 | Statutes, section 152.22, subdivision 6. | |
| 11678 | 11539 | Subp. 11.Medical cannabis manufacturer or manufacturer."Medical cannabis | |
| 11679 | 11540 | manufacturer" or "manufacturer" has the meaning given in Minnesota Statutes, section | |
| 11680 | 11541 | 152.22, subdivision 7. | |
| 11681 | 11542 | Subp. 12.Medical relationship."Medical relationship" means a treatment or | |
| 11682 | 11543 | counseling relationship, in the course of which the health care practitioner has completed | |
| 11683 | 11544 | a full assessment of the patient's medical history and current medical condition. | |
| 11684 | 11545 | Subp. 13.Minor."Minor" means an applicant who is under 18 years of age. | |
| 11685 | 11546 | Subp. 14.Parent or legal guardian."Parent or legal guardian" has the meaning given | |
| 11686 | 11547 | in Minnesota Statutes, section 152.27, subdivision 5. | |
| 11687 | 11548 | Subp. 15.Patient."Patient" has the meaning given in Minnesota Statutes, section | |
| 11688 | 11549 | 152.22, subdivision 9. | |
| 11689 | 11550 | Subp. 15a.Patient advocate."Patient advocate" means an individual with a knowledge | |
| 11690 | 11551 | of medical cannabis who promotes patient interests in safety, privacy, access, and | |
| 11691 | 11552 | affordability. | |
| 11692 | 11553 | Subp. 15b.Peace officer."Peace officer" has the meaning given in Minnesota Statutes, | |
| 11693 | 11554 | section 626.84, subdivision 1, paragraph (c). | |
| 11694 | 11555 | Subp. 16.Person."Person" means an individual, corporation, partnership, firm, | |
| 11695 | 11556 | association, trust, estate, public or private institution, group, agency, state or political | |
| 11696 | 11557 | subdivision of a state, or a legal successor, representative, agent, or agency of the person. | |
| 11697 | 11558 | Person does not include federal government agencies. | |
| 11698 | 11559 | Subp. 17.Qualifying medical condition."Qualifying medical condition" has the | |
| 11699 | 11560 | meaning given in Minnesota Statutes, section 152.22, subdivision 14. | |
| 11700 | 11561 | Subp. 18.Qualifying patent."Qualifying patient" means a resident of Minnesota | |
| 11701 | 11562 | who has been diagnosed by a health care practitioner as having a qualifying medical | |
| 11702 | 11563 | condition. | |
| 11703 | 11564 | Subp. 19.Registered."Registered" means licensed, permitted, or otherwise certified | |
| 11704 | 11565 | by the commissioner. | |
| 11705 | 11566 | Subp. 20.Registered designated caregiver."Registered designated caregiver" has | |
| 11706 | 11567 | the meaning given in Minnesota Statutes, section 152.22, subdivision 11. | |
| 11707 | 11568 | Subp. 21.Registry program."Registry program" has the meaning given in Minnesota | |
| 11708 | 11569 | Statutes, section 152.22, subdivision 12. | |
| 11709 | 11570 | Subp. 22.Registry verification."Registry verification" has the meaning given in | |
| 11710 | 11571 | Minnesota Statutes, section 152.22, subdivision 13. | |
| 11711 | 11572 | Subp. 22a.Serious adverse incident."Serious adverse incident" means any adverse | |
| 11712 | 11573 | incident that results in or would lead to one of these outcomes without medical intervention: | |
| 11713 | 11574 | A.in-patient hospitalization or additional hospital time for a patient who is already | |
| 11714 | 11575 | hospitalized; | |
| 11715 | 11576 | B.persistent or significant disability or incapacity; | |
| 11716 | 11577 | C.a life-threatening situation; or | |
| 11717 | 11578 | D.death. | |
| 11718 | 11579 | Subp. 23.Telehealth."Telehealth" means the practice of medicine as defined in | |
| 11719 | 11580 | Minnesota Statutes, section 147.081, subdivision 3, when the health care practitioner is not | |
| 11720 | 11581 | in the physical presence of the patient. | |
| 11721 | 11582 | 49R | |
| 11722 | 11583 | APPENDIX | |
| 11723 | - | Repealed Minnesota Rules: S0073- | |
| 11584 | + | Repealed Minnesota Rules: S0073-9 Subp. 24.Therapeutic use."Therapeutic use" means the acquisition, possession, | |
| 11724 | 11585 | preparation, use, delivery, transfer, or transportation of medical cannabis or paraphernalia | |
| 11725 | 11586 | relating to the administration of medical cannabis to treat or alleviate a qualifying patient's | |
| 11726 | 11587 | qualifying medical condition or symptoms or results of treatment associated with the | |
| 11727 | 11588 | qualifying patient's qualifying medical condition. | |
| 11728 | 11589 | Subp. 25.Transport."Transport" means the movement of medical cannabis products | |
| 11729 | 11590 | from a manufacturer's distribution site to the residence of a registered qualified patient, or | |
| 11730 | 11591 | as otherwise provided by law. | |
| 11731 | 11592 | Subp. 26.Written certification."Written certification" means a document signed by | |
| 11732 | 11593 | a health care practitioner, with whom the patient has established a patient-provider | |
| 11733 | 11594 | relationship, which states that the patient has a qualifying medical condition and identifies | |
| 11734 | 11595 | that condition and any other relevant information required by Minnesota Statutes, section | |
| 11735 | 11596 | 152.28, subdivision 1. | |
| 11736 | 11597 | 4770.4003PROCESS FOR ADDING A QUALIFYING MEDICAL CONDITION | |
| 11737 | 11598 | OR DELIVERY METHOD. | |
| 11738 | 11599 | Subpart 1.Condition added by commissioner.The commissioner may periodically | |
| 11739 | 11600 | revise the list of qualified medical conditions eligible for treatment with medical cannabis. | |
| 11740 | 11601 | A.Revisions to the list must reflect: | |
| 11741 | 11602 | (1)advances in medical science; | |
| 11742 | 11603 | (2)evidence-based medicine and other peer-reviewed research demonstrating | |
| 11743 | 11604 | treatment efficacy; or | |
| 11744 | 11605 | (3)other therapeutic factors that will improve patient care. | |
| 11745 | 11606 | B.In determining whether a condition qualifies, the commissioner must consider | |
| 11746 | 11607 | the adequacy of available evidence that medical cannabis will provide relief and the report | |
| 11747 | 11608 | of the Medical Cannabis Review Panel established in subpart 3. | |
| 11748 | 11609 | Subp. 2.Requests for adding a condition.Any person may request the commissioner | |
| 11749 | 11610 | to add a qualifying medical condition not listed in Minnesota Statutes, section 152.22, | |
| 11750 | 11611 | subdivision 14, to the list by applying on a form provided by the commissioner. Requests | |
| 11751 | 11612 | under this subpart will be accepted beginning June 1, 2016. | |
| 11752 | 11613 | A.The commissioner shall only accept requests during June and July of each year | |
| 11753 | 11614 | and will dismiss requests received outside of this period. | |
| 11754 | 11615 | B.The commissioner must post notice on the department's medical cannabis | |
| 11755 | 11616 | website by May 1 each year, announcing the open period for accepting requests and | |
| 11756 | 11617 | describing the procedure for submitting requests. | |
| 11757 | 11618 | C.Each request must be limited to one proposed qualifying medical condition. | |
| 11758 | 11619 | The commissioner must dismiss a request if it contains multiple proposals. | |
| 11759 | 11620 | D.The commissioner must dismiss a request to add a medical condition that has | |
| 11760 | 11621 | been previously considered and rejected by the commissioner, unless the request contains | |
| 11761 | 11622 | new scientific evidence or research or describes substantially different symptoms. | |
| 11762 | 11623 | E.If the commissioner dismisses a timely request, the commissioner must notify | |
| 11763 | 11624 | the person making the request of the reason that the request was dismissed. | |
| 11764 | 11625 | F.The commissioner must forward the request to the review panel for review | |
| 11765 | 11626 | unless the request is dismissed. | |
| 11766 | 11627 | G.The commissioner must provide the review panel with a review of | |
| 11767 | 11628 | evidence-based medicine and other peer-reviewed research demonstrating treatment efficacy | |
| 11768 | 11629 | for the requested condition. | |
| 11769 | 11630 | 50R | |
| 11770 | 11631 | APPENDIX | |
| 11771 | - | Repealed Minnesota Rules: S0073- | |
| 11632 | + | Repealed Minnesota Rules: S0073-9 Subp. 3.The Medical Cannabis Review Panel. | |
| 11772 | 11633 | A.The commissioner must appoint a Medical Cannabis Review Panel composed | |
| 11773 | 11634 | of seven members, including at least one medical cannabis patient advocate and two health | |
| 11774 | 11635 | care practitioners, one with expertise in pediatric medicine. | |
| 11775 | 11636 | B.The Medical Cannabis Review Panel must review requests submitted under | |
| 11776 | 11637 | subpart 2 and report to the commissioner on the public health impacts, including therapeutic | |
| 11777 | 11638 | factors and known potential risks, of the proposed additional medical conditions. | |
| 11778 | 11639 | C.Members serve a three-year term or until a successor is appointed and qualified. | |
| 11779 | 11640 | If a vacancy occurs, the commissioner must appoint a replacement to complete the original | |
| 11780 | 11641 | term created by the vacancy. | |
| 11781 | 11642 | D.Members may serve multiple terms. | |
| 11782 | 11643 | E.Members must not hold a direct or indirect economic interest in a registered | |
| 11783 | 11644 | medical cannabis manufacturer or serve on the board of directors or as an employee of a | |
| 11784 | 11645 | registered medical cannabis manufacturer. | |
| 11785 | 11646 | F.Members must disclose all potential conflicts of interest having a direct bearing | |
| 11786 | 11647 | on any subject before the review panel. | |
| 11787 | 11648 | Subp. 4.Review panel meetings. | |
| 11788 | 11649 | A.The Medical Cannabis Review Panel must meet at least one time per year to: | |
| 11789 | 11650 | (1)review requests that the commissioner has received for the approval of | |
| 11790 | 11651 | proposed qualifying medical conditions; | |
| 11791 | 11652 | (2)review the status of those medical conditions for which the commissioner | |
| 11792 | 11653 | has deferred approval or rejection; and | |
| 11793 | 11654 | (3)review new medical and scientific evidence about current qualifying | |
| 11794 | 11655 | medical conditions. | |
| 11795 | 11656 | B.The commissioner must post a notice on the department's medical cannabis | |
| 11796 | 11657 | website at least 30 calendar days before a review panel meeting. Notice must include the | |
| 11797 | 11658 | date, time, and location of the meeting, a brief description of the requests received, and | |
| 11798 | 11659 | information on how public comment will be received, including a deadline, if any. | |
| 11799 | 11660 | C.The Medical Cannabis Review Panel must submit a written report to the | |
| 11800 | 11661 | commissioner by November 1 after conducting the public meeting. The written report must | |
| 11801 | 11662 | include potential public health benefits and risks of adding or rejecting the proposed | |
| 11802 | 11663 | qualifying medical condition. | |
| 11803 | 11664 | Subp. 5.Commissioner review. | |
| 11804 | 11665 | A.Upon receiving the Medical Cannabis Review Panel's report, the commissioner | |
| 11805 | 11666 | must render a decision by December 1 and must: | |
| 11806 | 11667 | (1)approve the request and forward the medical condition as required by | |
| 11807 | 11668 | item C; or | |
| 11808 | 11669 | (2)reject the medical condition. | |
| 11809 | 11670 | B.The commissioner must communicate the commissioner's decision to the | |
| 11810 | 11671 | requesting party along with the reasons for the decision and publish the decision on the | |
| 11811 | 11672 | department's medical cannabis website by December 1. | |
| 11812 | 11673 | C.The commissioner must forward a newly approved qualifying medical condition | |
| 11813 | 11674 | to the chairs and ranking minority members of the legislative policy committees having | |
| 11814 | 11675 | jurisdiction over health and public safety by January 15 as required by Minnesota Statutes, | |
| 11815 | 11676 | section 152.27, subdivision 2. If the legislature does not provide otherwise by law, the | |
| 11816 | 11677 | commissioner must publish the newly approved qualifying medical condition in the State | |
| 11817 | 11678 | 51R | |
| 11818 | 11679 | APPENDIX | |
| 11819 | - | Repealed Minnesota Rules: S0073- | |
| 11680 | + | Repealed Minnesota Rules: S0073-9 Register and on the department's medical cannabis website before its August 1 effective | |
| 11820 | 11681 | date. | |
| 11821 | 11682 | Subp. 6.Requests for adding a delivery method.Any person may request that the | |
| 11822 | 11683 | commissioner add a delivery method not listed in Minnesota Statutes, section 152.22, | |
| 11823 | 11684 | subdivision 6, to the list by applying on a form provided by the commissioner. Requests | |
| 11824 | 11685 | under this subpart will be accepted beginning June 1, 2016. | |
| 11825 | 11686 | A.The commissioner shall only accept requests during June and July of each year | |
| 11826 | 11687 | and will dismiss requests received outside of this period. | |
| 11827 | 11688 | B.The commissioner must post notice on the department's medical cannabis | |
| 11828 | 11689 | website by May 1 each year, announcing the open period for accepting requests and | |
| 11829 | 11690 | describing the procedure for submitting requests. | |
| 11830 | 11691 | C.The commissioner must post the request to add a delivery method, along with | |
| 11831 | 11692 | information about how to submit public comment on the department's medical cannabis | |
| 11832 | 11693 | website. The commissioner must allow at least 30 days for public comment. | |
| 11833 | 11694 | D.Each request must be limited to one proposed delivery method. The | |
| 11834 | 11695 | commissioner must dismiss a request if it contains multiple proposals. | |
| 11835 | 11696 | E.The commissioner must dismiss a request to add a delivery method that has | |
| 11836 | 11697 | been previously considered and rejected by the commissioner, unless the request contains | |
| 11837 | 11698 | new scientific evidence or research or describes substantially different therapeutic benefits. | |
| 11838 | 11699 | F.If the commissioner dismisses a timely request, the commissioner must notify | |
| 11839 | 11700 | the person making the request of the reason that the request was dismissed. | |
| 11840 | 11701 | G.The commissioner must consider the request and any written comments from | |
| 11841 | 11702 | the public. The commissioner must render a decision by December 1, and must: | |
| 11842 | 11703 | (1)approve the request and forward the delivery method to be added as | |
| 11843 | 11704 | required by item I; or | |
| 11844 | 11705 | (2)reject the delivery method. | |
| 11845 | 11706 | H.The commissioner must communicate the commissioner's decision to the | |
| 11846 | 11707 | requesting party along with the reasons for the decision. | |
| 11847 | 11708 | I.The commissioner must forward an approved delivery method to be added to | |
| 11848 | 11709 | the chairs and ranking minority members of the legislative policy committees having | |
| 11849 | 11710 | jurisdiction over health and public safety by January 15 as required by Minnesota Statutes, | |
| 11850 | 11711 | section 152.27, subdivision 2, and if the legislature does not provide otherwise by law, | |
| 11851 | 11712 | publish the addition in the State Register and on the department's medical cannabis website. | |
| 11852 | 11713 | 4770.4004SERIOUS ADVERSE INCIDENT REPORTING. | |
| 11853 | 11714 | Subpart 1.Reporting requirements. | |
| 11854 | 11715 | A.Persons who must report any serious adverse incident are: | |
| 11855 | 11716 | (1)a registered patient; | |
| 11856 | 11717 | (2)a registered patient's certifying health care practitioner; | |
| 11857 | 11718 | (3)a patient's registered designated caregiver; or | |
| 11858 | 11719 | (4)a patient's parent or legal guardian, if the parent or legal guardian is acting | |
| 11859 | 11720 | as caregiver. | |
| 11860 | 11721 | B.Reporters named in item A must report to the manufacturer where the patient's | |
| 11861 | 11722 | medical cannabis was dispensed within five business days of the reporter's learning of the | |
| 11862 | 11723 | incident. | |
| 11863 | 11724 | 52R | |
| 11864 | 11725 | APPENDIX | |
| 11865 | - | Repealed Minnesota Rules: S0073- | |
| 11726 | + | Repealed Minnesota Rules: S0073-9 C.A peace officer must report any serious adverse incident relating to overdose | |
| 11866 | 11727 | and any case of diversion involving an adverse incident within five business days of the | |
| 11867 | 11728 | incident by calling the general telephone number of the Office of Medical Cannabis. If part | |
| 11868 | 11729 | of an ongoing investigation, the report must be made within 72 hours of the conclusion of | |
| 11869 | 11730 | the investigation. | |
| 11870 | 11731 | Subp. 2.Manufacturer requirements. | |
| 11871 | 11732 | A.Each manufacturer must: | |
| 11872 | 11733 | (1)maintain a toll-free telephone line, which must be available 24 hours a | |
| 11873 | 11734 | day, seven days a week, that is staffed by professionals who are health care practitioners or | |
| 11874 | 11735 | state-licensed pharmacists trained in detecting, assessing, understanding, and preventing | |
| 11875 | 11736 | adverse effects or any other drug-related problem; | |
| 11876 | 11737 | (2)provide a method, approved by the commissioner, for reporting serious | |
| 11877 | 11738 | adverse incidents online; | |
| 11878 | 11739 | (3)monitor manufacturer-sponsored social media pages and websites | |
| 11879 | 11740 | routinely; | |
| 11880 | 11741 | (4)post instructions for reporting suspected adverse incidents and unauthorized | |
| 11881 | 11742 | possession on its website; and | |
| 11882 | 11743 | (5)make printed instructions for reporting suspected adverse incidents | |
| 11883 | 11744 | available at all its distribution sites. | |
| 11884 | 11745 | B.Each manufacturer must follow up serious adverse incident reports and | |
| 11885 | 11746 | document all follow-up activities. The manufacturer must continue to follow up reports | |
| 11886 | 11747 | until the outcome has been established or the subject's condition is stabilized. | |
| 11887 | 11748 | C.For adverse incident information collected, the manufacturer must: | |
| 11888 | 11749 | (1)document it on a form provided by the commissioner; | |
| 11889 | 11750 | (2)classify it using Medical Dictionary for Regulatory Activities (MedDRA) | |
| 11890 | 11751 | coding; and | |
| 11891 | 11752 | (3)store it in a database that complies with general validation principles in | |
| 11892 | 11753 | the United States Food and Drug Administration's Electronic Records; Electronic Signatures, | |
| 11893 | 11754 | Code of Federal Regulations, title 21, part 11. | |
| 11894 | 11755 | Subp. 3.Manufacturer reports. | |
| 11895 | 11756 | A.By the fifth day of every month, a medical cannabis manufacturer must compile | |
| 11896 | 11757 | and submit to the commissioner all adverse incident reports received in the prior calendar | |
| 11897 | 11758 | month. | |
| 11898 | 11759 | B.Within ten business days of learning of an adverse incident, the manufacturer | |
| 11899 | 11760 | must report to the commissioner: | |
| 11900 | 11761 | (1)any adverse incident that, based on reasonable medical judgment, might | |
| 11901 | 11762 | have resulted in a serious adverse incident without intervention or medical treatment; or | |
| 11902 | 11763 | (2)a case of diversion resulting in an adverse incident. | |
| 11903 | 11764 | C.On August 1 of every year beginning in 2016, each manufacturer must submit | |
| 11904 | 11765 | to the commissioner a report that contains a summary and a critical analysis of all reported | |
| 11905 | 11766 | adverse incidents reported to the manufacturer over the past July 1 to June 30. | |
| 11906 | 11767 | 53R | |
| 11907 | 11768 | APPENDIX | |
| 11908 | - | Repealed Minnesota Rules: S0073- | |
| 11769 | + | Repealed Minnesota Rules: S0073-9 4770.4005REGISTRY ENROLLMENT APPLICATION FOR QUALIFYING | |
| 11909 | 11770 | PATIENTS. | |
| 11910 | 11771 | Subpart 1.Patient application. | |
| 11911 | 11772 | A.A patient or the patient's parent or legal guardian must apply for the registry | |
| 11912 | 11773 | and sign a disclosure on forms provided by the commissioner that meet the requirements | |
| 11913 | 11774 | of Minnesota Statutes, section 152.27, subdivision 3. | |
| 11914 | 11775 | B.A patient must provide proof of the patient's Minnesota residency. If the patient | |
| 11915 | 11776 | is a minor, the patient's parent or legal guardian must provide proof of the parent or legal | |
| 11916 | 11777 | guardian's Minnesota residency. Proof of Minnesota residency can be established with: | |
| 11917 | 11778 | (1)a copy of a Minnesota driver's license, learner's permit, or identification | |
| 11918 | 11779 | card; or | |
| 11919 | 11780 | (2)a copy of a state, federal, or tribal government-issued photo identification | |
| 11920 | 11781 | card and at least one form of other documentation that contains the name and current address | |
| 11921 | 11782 | of the patient, or the patient's parent or legal guardian and indicates Minnesota residency, | |
| 11922 | 11783 | such as: | |
| 11923 | 11784 | (a)a current residential mortgage, lease, or rental agreement; | |
| 11924 | 11785 | (b)state tax documents from the previous calendar year; | |
| 11925 | 11786 | (c)a utility bill issued within the previous 90 days of the date of the | |
| 11926 | 11787 | application; | |
| 11927 | 11788 | (d)a rent or mortgage payment receipt dated less than 90 days before | |
| 11928 | 11789 | application; | |
| 11929 | 11790 | (e)a Social Security disability insurance statement, Supplemental Security | |
| 11930 | 11791 | Income benefits statement, or a medical claim or statement of benefits from a private | |
| 11931 | 11792 | insurance company or governmental agency that is issued less than 90 days before | |
| 11932 | 11793 | application; or | |
| 11933 | 11794 | (f)an affidavit from a person who will act as a designated caregiver for | |
| 11934 | 11795 | the patient, or a person who is engaged in health services or social services, which states | |
| 11935 | 11796 | the affiant knows the patient and believes the patient resides in Minnesota. | |
| 11936 | 11797 | C.A patient or the patient's parent or legal guardian must submit the nonrefundable | |
| 11937 | 11798 | annual enrollment fee specified in Minnesota Statutes, section 152.35. | |
| 11938 | 11799 | Subp. 2.Application approval. | |
| 11939 | 11800 | A.The commissioner must approve an applicant and enroll the patient in the | |
| 11940 | 11801 | medical cannabis registry if the commissioner determines that the application is complete | |
| 11941 | 11802 | and no basis for denial exists under Minnesota Statutes, section 152.27, subdivision 6. | |
| 11942 | 11803 | B.When a qualifying patient is enrolled in the registry program, the commissioner | |
| 11943 | 11804 | must: | |
| 11944 | 11805 | (1)issue a unique patient registry number; and | |
| 11945 | 11806 | (2)notify: | |
| 11946 | 11807 | (a)the qualifying patient, designated caregiver, or parent or legal guardian | |
| 11947 | 11808 | if applicable; | |
| 11948 | 11809 | (b)the health care practitioner who completed the patient's written | |
| 11949 | 11810 | certification of a qualifying condition; and | |
| 11950 | 11811 | (c)the registered manufacturers. | |
| 11951 | 11812 | 54R | |
| 11952 | 11813 | APPENDIX | |
| 11953 | - | Repealed Minnesota Rules: S0073- | |
| 11814 | + | Repealed Minnesota Rules: S0073-9 4770.4007DESIGNATED CAREGIVER APPLICATION. | |
| 11954 | 11815 | Subpart 1.Application.The designated caregiver must apply for registration on the | |
| 11955 | 11816 | form provided by the commissioner and submit to a background check, as required by | |
| 11956 | 11817 | Minnesota Statutes, section 152.27, subdivision 4, paragraph (b). | |
| 11957 | 11818 | Subp. 2.Application approval.The commissioner must approve an applicant and | |
| 11958 | 11819 | register the designated caregiver if the commissioner determines that the application is | |
| 11959 | 11820 | complete and no basis for denial exists under Minnesota Statutes, section 152.27, subdivision | |
| 11960 | 11821 | 4. | |
| 11961 | 11822 | 4770.4008RESPONSIBILITIES OF DESIGNATED CAREGIVERS. | |
| 11962 | 11823 | A.A designated caregiver, or the patient's parent or legal guardian if the parent | |
| 11963 | 11824 | or legal guardian will be acting as a caregiver, must: | |
| 11964 | 11825 | (1)notify the commissioner within 30 business days after any change to the | |
| 11965 | 11826 | information that the registered qualifying patient was previously required to submit to the | |
| 11966 | 11827 | commissioner, including if the patient becomes an inmate confined in a correctional | |
| 11967 | 11828 | institution or facility under the supervision of the Department of Corrections; | |
| 11968 | 11829 | (2)notify the commissioner promptly by telephone and in writing within ten | |
| 11969 | 11830 | calendar days following the death of the designated caregiver's registered qualifying patient; | |
| 11970 | 11831 | and | |
| 11971 | 11832 | (3)dispose of all unused medical cannabis using the methods described in | |
| 11972 | 11833 | part 4770.4012, within ten days of the patient's ceasing to be enrolled in the program for | |
| 11973 | 11834 | any reason, including death of the patient or product recall. | |
| 11974 | 11835 | B.A designated caregiver, or the patient's parent or legal guardian if the parent | |
| 11975 | 11836 | or legal guardian will be acting as a caregiver, may: | |
| 11976 | 11837 | (1)transport a registered qualifying patient to and from a licensed medical | |
| 11977 | 11838 | cannabis distribution facility; | |
| 11978 | 11839 | (2)obtain and transport an adequate supply of medical cannabis from a | |
| 11979 | 11840 | licensed medical cannabis distribution site on behalf of the registered qualifying patient; | |
| 11980 | 11841 | (3)prepare medical cannabis for self-administration by the registered | |
| 11981 | 11842 | qualifying patient; and | |
| 11982 | 11843 | (4)administer medical cannabis to the registered qualifying patient. | |
| 11983 | 11844 | C.A designated caregiver, or the patient's parent or legal guardian if the parent | |
| 11984 | 11845 | or legal guardian will be acting as a caregiver, may not: | |
| 11985 | 11846 | (1)consume, by any means, medical cannabis that has been dispensed on | |
| 11986 | 11847 | behalf of a registered qualifying patient; or | |
| 11987 | 11848 | (2)sell, provide, or otherwise divert medical cannabis that has been dispensed | |
| 11988 | 11849 | for a registered qualifying patient. | |
| 11989 | 11850 | 4770.4009REVOCATION OR SUSPENSION OF A QUALIFYING PATIENT OR | |
| 11990 | 11851 | DESIGNATED CAREGIVER REGISTRATION. | |
| 11991 | 11852 | Subpart 1.Revocation of qualifying patient enrollment.The commissioner may | |
| 11992 | 11853 | revoke the registration certificate of a qualifying patient under the provisions of Minnesota | |
| 11993 | 11854 | Statutes, section 152.27, subdivision 6, paragraph (d). | |
| 11994 | 11855 | Subp. 2.Suspension of qualifying patient enrollment.The commissioner must | |
| 11995 | 11856 | suspend the registration of a qualifying patient under the following circumstances. | |
| 11996 | 11857 | A.If the qualifying patient is incarcerated in a correctional institution or facility | |
| 11997 | 11858 | under the supervision of the Department of Corrections, the registration must be suspended | |
| 11998 | 11859 | for the term of incarceration. | |
| 11999 | 11860 | 55R | |
| 12000 | 11861 | APPENDIX | |
| 12001 | - | Repealed Minnesota Rules: S0073- | |
| 11862 | + | Repealed Minnesota Rules: S0073-9 B.If the qualifying patient provided false, misleading, or incorrect information | |
| 12002 | 11863 | to the commissioner, the patient's registration must be suspended until the information is | |
| 12003 | 11864 | corrected and the commissioner makes an eligibility determination. | |
| 12004 | 11865 | C.If the qualifying patient, together with the qualifying patient's designated | |
| 12005 | 11866 | caregiver where applicable, obtains more than a 30-day supply of medical cannabis within | |
| 12006 | 11867 | a 23-day period and the commissioner has reason to believe the patient is abusing or diverting | |
| 12007 | 11868 | medical cannabis, the patient's registration must be suspended until the commissioner makes | |
| 12008 | 11869 | an eligibility determination. | |
| 12009 | 11870 | Subp. 3.Designated caregivers.The commissioner must revoke the registration of | |
| 12010 | 11871 | a designated caregiver under the following circumstances: | |
| 12011 | 11872 | A.the designated caregiver has a disqualifying felony offense conviction as defined | |
| 12012 | 11873 | in Minnesota Statutes, section 152.22, subdivision 3; or | |
| 12013 | 11874 | B.the designated caregiver, together with the designated caregiver's patient, where | |
| 12014 | 11875 | applicable, obtains more than a 30-day supply of medical cannabis within a 23-day period | |
| 12015 | 11876 | and the commissioner has reason to believe the designated caregiver is abusing or diverting | |
| 12016 | 11877 | medical cannabis. | |
| 12017 | 11878 | 4770.4010UNAUTHORIZED POSSESSION OF MEDICAL CANNABIS | |
| 12018 | 11879 | REPORTING. | |
| 12019 | 11880 | A.A licensed peace officer must report to the commissioner any reasonable | |
| 12020 | 11881 | suspicion of an individual possessing medical cannabis who is not authorized to possess | |
| 12021 | 11882 | medical cannabis under Minnesota Statutes, sections 152.22 to 152.37. The officer must | |
| 12022 | 11883 | report the reasonable suspicion within 72 hours by completing a form on the department's | |
| 12023 | 11884 | medical cannabis website. If part of an ongoing investigation, the report must be made | |
| 12024 | 11885 | within 72 hours of the investigation's conclusion. | |
| 12025 | 11886 | B.A licensed peace officer who reasonably suspects a person who is otherwise | |
| 12026 | 11887 | authorized to possess medical cannabis has violated a provision of Minnesota Statutes, | |
| 12027 | 11888 | section 152.23, must report the suspicion by completing a form on the department's medical | |
| 12028 | 11889 | cannabis website within 15 days of discovery of the occurrence. | |
| 12029 | 11890 | 4770.4012DISPOSAL OF MEDICAL CANNABIS BY QUALIFYING PATIENTS | |
| 12030 | 11891 | AND DESIGNATED CAREGIVERS. | |
| 12031 | 11892 | A.A qualifying patient or designated caregiver who is no longer registered with | |
| 12032 | 11893 | the medical cannabis patient registry must, within ten calendar days after the patient or | |
| 12033 | 11894 | caregiver ceases to be registered or eligible, dispose of any unused medical cannabis in their | |
| 12034 | 11895 | possession by one of the following methods by: | |
| 12035 | 11896 | (1)depositing it with a medical cannabis distribution site located in Minnesota; | |
| 12036 | 11897 | (2)depositing it with a law enforcement agency having local jurisdiction for | |
| 12037 | 11898 | destruction; | |
| 12038 | 11899 | (3)disposing of the medical cannabis at a government recognized drug | |
| 12039 | 11900 | take-back program located in Minnesota; or | |
| 12040 | 11901 | (4)rendering it nonrecoverable consistent with the commissioner's proper | |
| 12041 | 11902 | disposal instructions, which are available at the department's medical cannabis program | |
| 12042 | 11903 | website. | |
| 12043 | 11904 | B.A qualifying patient or designated caregiver who is no longer registered with | |
| 12044 | 11905 | the medical cannabis patient registry must not transfer, share, give, sell, or deliver any | |
| 12045 | 11906 | unused medical cannabis in their possession to any other person, regardless of whether the | |
| 12046 | 11907 | person is participating in the medical cannabis patient registry program. | |
| 12047 | 11908 | 56R | |
| 12048 | 11909 | APPENDIX | |
| 12049 | - | Repealed Minnesota Rules: S0073- | |
| 11910 | + | Repealed Minnesota Rules: S0073-9 4770.4013ANNUAL FEES. | |
| 12050 | 11911 | Each patient application or renewal must be accompanied by the payment of an annual | |
| 12051 | 11912 | fee. Payment must be made by credit card, bank debit card, cashier's check, or personal | |
| 12052 | 11913 | check. Annual qualifying patient application fee and reduced fee for patients enrolled in the | |
| 12053 | 11914 | federal Social Security Disability Income (SSDI), the Supplemental Security Income (SSI) | |
| 12054 | 11915 | disability, or the medical assistance or MinnesotaCare programs are established in Minnesota | |
| 12055 | 11916 | Statutes, section 152.35. All fees are nonrefundable. | |
| 12056 | 11917 | 4770.4014HEALTH CARE PRACTITIONER REQUIREMENTS. | |
| 12057 | 11918 | Subpart 1.Qualifications.The commissioner must accept written certifications for | |
| 12058 | 11919 | the therapeutic use of medical cannabis only from health care practitioners who hold: | |
| 12059 | 11920 | A.an active license, in good standing, under Minnesota Statutes, chapter 147, for | |
| 12060 | 11921 | physicians, under Minnesota Statutes, chapter 147A, for physician assistants, or Minnesota | |
| 12061 | 11922 | Statutes, sections 148.171 to 148.285, the Minnesota Nurse Practice Act, for advanced | |
| 12062 | 11923 | practice registered nurses; and | |
| 12063 | 11924 | B.a DEA registration certificate. | |
| 12064 | 11925 | Subp. 2.Requirements.Before issuing a written certification of qualifying condition, | |
| 12065 | 11926 | a health care practitioner must: | |
| 12066 | 11927 | A.have a medical relationship between the health care practitioner and patient | |
| 12067 | 11928 | with a qualifying condition; | |
| 12068 | 11929 | B.assess the patient's medical history and current medical condition, which | |
| 12069 | 11930 | includes: | |
| 12070 | 11931 | (1)an in-person physical examination of the patient appropriate to confirm | |
| 12071 | 11932 | the diagnosis of a qualifying medical condition. This examination must not be performed | |
| 12072 | 11933 | by remote means, including telehealth or via the Internet; and | |
| 12073 | 11934 | (2)developing a treatment plan for the patient; | |
| 12074 | 11935 | C.communicate, as appropriate, with subspecialists also treating the registered | |
| 12075 | 11936 | patient; and | |
| 12076 | 11937 | D.certify that the patient has been diagnosed as having a qualifying medical | |
| 12077 | 11938 | condition, as defined in Minnesota Statutes, section 152.22, subdivision 14. | |
| 12078 | 11939 | Subp. 3.Duties.When the certifying health care practitioner receives notice from the | |
| 12079 | 11940 | commissioner that a qualifying patient has been enrolled in the registry program, the | |
| 12080 | 11941 | certifying health care practitioner must: | |
| 12081 | 11942 | A.participate in the patient registry reporting system as established by the | |
| 12082 | 11943 | commissioner for each patient for whom the practitioner has written a certification of | |
| 12083 | 11944 | qualifying condition. A health care practitioner must transmit patient data as required by | |
| 12084 | 11945 | Minnesota Statutes, section 152.28, subdivision 1, paragraph (b); | |
| 12085 | 11946 | B.be available to provide continuing treatment of the patient's qualifying medical | |
| 12086 | 11947 | condition; | |
| 12087 | 11948 | C.maintain health records under part 4770.4017 for all patients for whom the | |
| 12088 | 11949 | practitioner has issued a written certification that supports the certification of a qualifying | |
| 12089 | 11950 | medical condition; | |
| 12090 | 11951 | D.report health record data as requested by the commissioner under Minnesota | |
| 12091 | 11952 | Statutes, section 152.28, subdivision 1, paragraph (b); | |
| 12092 | 11953 | E.make a copy of the records that support the certification of a qualifying medical | |
| 12093 | 11954 | condition available to the commissioner, and otherwise provide information to the | |
| 12094 | 11955 | commissioner upon request about the patient's qualifying medical condition, course of | |
| 12095 | 11956 | treatment, and pathological outcomes to ensure compliance with the act; | |
| 12096 | 11957 | 57R | |
| 12097 | 11958 | APPENDIX | |
| 12098 | - | Repealed Minnesota Rules: S0073- | |
| 11959 | + | Repealed Minnesota Rules: S0073-9 F.annually assess whether the registered qualifying patient continues to suffer | |
| 12099 | 11960 | from a qualifying medical condition and, if so, issue the patient a new certificate of that | |
| 12100 | 11961 | diagnosis; and | |
| 12101 | 11962 | G.notify the commissioner, in a manner prescribed by the commissioner, in | |
| 12102 | 11963 | writing within 14 calendar days of learning of the death of a registered patient whose medical | |
| 12103 | 11964 | condition was certified by the health care practitioner. | |
| 12104 | 11965 | 4770.4015WRITTEN CERTIFICATION OF QUALIFYING CONDITION. | |
| 12105 | 11966 | A certifying health care practitioner must complete a written certification of a patient's | |
| 12106 | 11967 | qualifying medical condition on a form provided by the commissioner. The written | |
| 12107 | 11968 | certification must: | |
| 12108 | 11969 | A.acknowledge that the qualifying patient is under the health care practitioner's | |
| 12109 | 11970 | care, either for the patient's primary care or for the qualifying medical condition; | |
| 12110 | 11971 | B.confirm the patient's diagnosis of a qualifying medical condition, as defined | |
| 12111 | 11972 | in Minnesota Statutes, section 152.22, subdivision 14; | |
| 12112 | 11973 | C.state whether a patient is developmentally or physically disabled and, as a result | |
| 12113 | 11974 | of the disability, is unable to self-administer medication or acquire medical cannabis from | |
| 12114 | 11975 | a distribution facility and requires a designated caregiver; | |
| 12115 | 11976 | D.include any additional information the commissioner requests to assess the | |
| 12116 | 11977 | effectiveness of medical cannabis in treating the medical condition or symptoms; | |
| 12117 | 11978 | E.contain an affirmation that the health care practitioner has: | |
| 12118 | 11979 | (1)established a patient-provider relationship; | |
| 12119 | 11980 | (2)conducted an in-person physical examination appropriate to confirm the | |
| 12120 | 11981 | diagnosis; and | |
| 12121 | 11982 | (3)reviewed the patient's medical history to confirm the diagnosis within the | |
| 12122 | 11983 | health care practitioner's professional standards of practice; and | |
| 12123 | 11984 | F.include the date the certification of a qualifying medical condition was made. | |
| 12124 | 11985 | 4770.4016HEALTH CARE PRACTITIONER PROHIBITIONS. | |
| 12125 | 11986 | A health care practitioner who has issued or intends to issue a written certification must | |
| 12126 | 11987 | not: | |
| 12127 | 11988 | A.examine a qualifying patient to issue a written certification at a location where | |
| 12128 | 11989 | medical cannabis is manufactured, sold, or dispensed; | |
| 12129 | 11990 | B.refer a patient to a manufacturer or distributor of medical cannabis; | |
| 12130 | 11991 | C.refer a patient to a designated caregiver; | |
| 12131 | 11992 | D.issue a written certification for the health care practitioner; | |
| 12132 | 11993 | E.hold a financial interest in an enterprise that provides or distributes medical | |
| 12133 | 11994 | cannabis; | |
| 12134 | 11995 | F.directly or indirectly accept, solicit, or receive anything of value from a | |
| 12135 | 11996 | manufacturer, employee of a manufacturer, or any other person associated with a | |
| 12136 | 11997 | manufacturing facility; | |
| 12137 | 11998 | G.offer a discount or any other thing of value to a qualifying patient who uses or | |
| 12138 | 11999 | agrees to use a particular designated caregiver, distribution facility, or medical cannabis | |
| 12139 | 12000 | product; or | |
| 12140 | 12001 | 58R | |
| 12141 | 12002 | APPENDIX | |
| 12142 | - | Repealed Minnesota Rules: S0073- | |
| 12003 | + | Repealed Minnesota Rules: S0073-9 H.directly or indirectly benefit from a patient obtaining a written certification. | |
| 12143 | 12004 | Such prohibition does not prohibit a health care practitioner from charging an appropriate | |
| 12144 | 12005 | fee for the patient visit. | |
| 12145 | 12006 | 4770.4017RECORDS MAINTAINED BY THE CERTIFYING HEALTH CARE | |
| 12146 | 12007 | PRACTITIONER. | |
| 12147 | 12008 | Subpart 1.Health records maintained.The health care practitioner must maintain | |
| 12148 | 12009 | a health record for each patient for whom the health care practitioner has certified a qualifying | |
| 12149 | 12010 | medical condition. These records need not be maintained separately from the health care | |
| 12150 | 12011 | practitioner's established records for the ongoing medical relationship with the patient. | |
| 12151 | 12012 | Subp. 2.Contents.The records must be legible, accurately reflect the patient's | |
| 12152 | 12013 | evaluation and treatment, and must include the following: | |
| 12153 | 12014 | A.the patient's name and dates of visits and treatments; | |
| 12154 | 12015 | B.the patient's case history as it relates to the qualifying condition; | |
| 12155 | 12016 | C.the patient's health condition as determined by the health care practitioner's | |
| 12156 | 12017 | examination and assessment; | |
| 12157 | 12018 | D.the results of all diagnostic tests and examinations as they relate to the qualifying | |
| 12158 | 12019 | condition; and any diagnosis resulting from the examination; | |
| 12159 | 12020 | E.the patient's plan of care, which must state with specificity the patient's | |
| 12160 | 12021 | condition, functional level, treatment objectives, medical orders, plans for continuing care, | |
| 12161 | 12022 | and modifications to that plan; and | |
| 12162 | 12023 | F.a list of drugs prescribed, administered and dispensed, and the quantity of the | |
| 12163 | 12024 | drugs. | |
| 12164 | 12025 | Subp. 3.Retention.The health care practitioner must keep records for each qualifying | |
| 12165 | 12026 | patient for at least three years after the last patient visit, or seven years, whichever is greater. | |
| 12166 | 12027 | 4770.4018REPORTS. | |
| 12167 | 12028 | A participating health care practitioner must report health record data as requested by | |
| 12168 | 12029 | the commissioner under Minnesota Statutes, 152.28, subdivision 1, paragraph (b). | |
| 12169 | 12030 | 4770.4030HEALTH CARE FACILITIES; STORAGE. | |
| 12170 | 12031 | Subpart 1.Storage policy.A health care facility, as defined in Minnesota Statutes, | |
| 12171 | 12032 | section 152.34, may adopt policies relating to the secure storage of a registered patient's | |
| 12172 | 12033 | medical cannabis. Policies may include: | |
| 12173 | 12034 | A.secure storage with access limited to authorized personnel; or | |
| 12174 | 12035 | B.allowing patients, patients' registered designated caregivers, or patients' parents | |
| 12175 | 12036 | or legal guardians if listed on the registry verification, to maintain direct possession of the | |
| 12176 | 12037 | medical cannabis. | |
| 12177 | 12038 | Subp. 2.Return of items.Upon discharge, transfer, or death of a patient registered | |
| 12178 | 12039 | to use medical cannabis, the health care facility must return all medical cannabis to the | |
| 12179 | 12040 | patient or another person authorized to possess it. If the health care facility is unable to | |
| 12180 | 12041 | return any remaining medical cannabis to the patient or other authorized person, it must | |
| 12181 | 12042 | destroy the medical cannabis in a manner consistent with instructions posted on the | |
| 12182 | 12043 | department's medical cannabis website. The transfer or destruction must be recorded in the | |
| 12183 | 12044 | patient's health record. | |
| 12184 | 12045 | 59R | |
| 12185 | 12046 | APPENDIX | |
| 12186 | - | Repealed Minnesota Rules: S0073- | |
| 12047 | + | Repealed Minnesota Rules: S0073-9 |