39 | | - | NINETY-FOURTH SESSION |
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40 | | - | Authored by Stephenson02/26/2025 |
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41 | | - | The bill was read for the first time and referred to the Committee on Commerce Finance and Policy |
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42 | | - | Adoption of Report: Amended and re-referred to the Committee on Ways and Means04/07/2025 2.1Minnesota-licensed advanced practice registered nurse who has an active license in good |
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43 | | - | 2.2standing and the primary responsibility for the care and treatment of the qualifying medical |
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44 | | - | 2.3condition of a person an individual diagnosed with a qualifying medical condition. |
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45 | | - | 2.4 Sec. 2. Minnesota Statutes 2024, section 152.22, subdivision 7, is amended to read: |
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46 | | - | 2.5 Subd. 7.Medical cannabis manufacturer."Medical cannabis manufacturer" or |
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47 | | - | 2.6"manufacturer" means an entity registered by the commissioner office to cultivate, acquire, |
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48 | | - | 2.7manufacture, possess, prepare, transfer, transport, supply, or dispense medical cannabis, |
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49 | | - | 2.8delivery devices, or related supplies and educational materials. |
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50 | | - | 2.9 Sec. 3. Minnesota Statutes 2024, section 152.22, subdivision 10, is amended to read: |
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51 | | - | 2.10 Subd. 10.Patient registry number."Patient registry number" means a unique |
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52 | | - | 2.11identification number assigned by the commissioner office to a patient enrolled in the registry |
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53 | | - | 2.12program. |
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54 | | - | 2.13 Sec. 4. Minnesota Statutes 2024, section 152.22, subdivision 13, is amended to read: |
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55 | | - | 2.14 Subd. 13.Registry verification."Registry verification" means the verification provided |
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56 | | - | 2.15by the commissioner office that a patient is enrolled in the registry program and that includes |
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57 | | - | 2.16the patient's name, registry number, and, if applicable, the name of the patient's registered |
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58 | | - | 2.17designated caregiver or parent, legal guardian, or spouse. |
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59 | | - | 2.18 Sec. 5. Minnesota Statutes 2024, section 152.24, is amended to read: |
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60 | | - | 2.19 152.24 FEDERALLY APPROVED CLINICAL TRIALS. |
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61 | | - | 2.20 The commissioner office may prohibit enrollment of a patient in the registry program |
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62 | | - | 2.21if the patient is simultaneously enrolled in a federally approved clinical trial for the treatment |
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63 | | - | 2.22of a qualifying medical condition with medical cannabis. The commissioner office shall |
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64 | | - | 2.23provide information to all patients enrolled in the registry program on the existence of |
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65 | | - | 2.24federally approved clinical trials for the treatment of the patient's qualifying medical condition |
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66 | | - | 2.25with medical cannabis as an alternative to enrollment in the patient registry program. |
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67 | | - | 2.26 Sec. 6. Minnesota Statutes 2024, section 152.25, is amended to read: |
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68 | | - | 2.27 152.25 COMMISSIONER OFFICE DUTIES. |
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69 | | - | 2.28 Subdivision 1.Medical cannabis manufacturer registration.(a) The commissioner |
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70 | | - | 2.29office shall register two in-state manufacturers for the production of all medical cannabis |
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71 | | - | 2.30within the state. A registration agreement between the commissioner office and a |
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72 | | - | 2Article 1 Sec. 6. |
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73 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 3.1manufacturer is nontransferable. The commissioner office shall register new manufacturers |
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74 | | - | 3.2or reregister the existing manufacturers by December 1 every two years, using the factors |
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75 | | - | 3.3described in this subdivision. The commissioner office shall accept applications after |
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76 | | - | 3.4December 1, 2014, if one of the manufacturers registered before December 1, 2014, ceases |
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77 | | - | 3.5to be registered as a manufacturer. The commissioner's office's determination that no |
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78 | | - | 3.6manufacturer exists to fulfill the duties under sections 152.22 to 152.37 is subject to judicial |
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79 | | - | 3.7review in Ramsey County District Court. Data submitted during the application process are |
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80 | | - | 3.8private data on individuals or nonpublic data as defined in section 13.02 until the |
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81 | | - | 3.9manufacturer is registered under this section. Data on a manufacturer that is registered are |
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82 | | - | 3.10public data, unless the data are trade secret or security information under section 13.37. |
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83 | | - | 3.11 (b) As a condition for registration, a manufacturer must agree to: |
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84 | | - | 3.12 (1) begin supplying medical cannabis to patients by July 1, 2015; and |
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85 | | - | 3.13 (2) comply with all requirements under sections 152.22 to 152.37. |
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86 | | - | 3.14 (c) The commissioner office shall consider the following factors when determining |
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87 | | - | 3.15which manufacturer to register: |
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88 | | - | 3.16 (1) the technical expertise of the manufacturer in cultivating medical cannabis and |
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89 | | - | 3.17converting the medical cannabis into an acceptable delivery method under section 152.22, |
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90 | | - | 3.18subdivision 6; |
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91 | | - | 3.19 (2) the qualifications of the manufacturer's employees; |
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92 | | - | 3.20 (3) the long-term financial stability of the manufacturer; |
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93 | | - | 3.21 (4) the ability to provide appropriate security measures on the premises of the |
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94 | | - | 3.22manufacturer; |
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95 | | - | 3.23 (5) whether the manufacturer has demonstrated an ability to meet the medical cannabis |
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96 | | - | 3.24production needs required by sections 152.22 to 152.37; and |
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97 | | - | 3.25 (6) the manufacturer's projection and ongoing assessment of fees on patients with a |
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98 | | - | 3.26qualifying medical condition. |
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99 | | - | 3.27 (d) If an officer, director, or controlling person of the manufacturer pleads or is found |
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100 | | - | 3.28guilty of intentionally diverting medical cannabis to a person other than allowed by law |
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101 | | - | 3.29under section 152.33, subdivision 1, the commissioner office may decide not to renew the |
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102 | | - | 3.30registration of the manufacturer, provided the violation occurred while the person was an |
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103 | | - | 3.31officer, director, or controlling person of the manufacturer. |
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104 | | - | 3Article 1 Sec. 6. |
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105 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 4.1 (e) The commissioner office shall require each medical cannabis manufacturer to contract |
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106 | | - | 4.2with an independent laboratory to test medical cannabis produced by the manufacturer. The |
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107 | | - | 4.3commissioner office shall approve the laboratory chosen by each manufacturer and require |
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108 | | - | 4.4that the laboratory report testing results to the manufacturer in a manner determined by the |
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109 | | - | 4.5commissioner office. |
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110 | | - | 4.6 Subd. 1a.Revocation or nonrenewal of a medical cannabis manufacturer |
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111 | | - | 4.7registration.If the commissioner office intends to revoke or not renew a registration issued |
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112 | | - | 4.8under this section, the commissioner office must first notify in writing the manufacturer |
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113 | | - | 4.9against whom the action is to be taken and provide the manufacturer with an opportunity |
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114 | | - | 4.10to request a hearing under the contested case provisions of chapter 14. If the manufacturer |
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115 | | - | 4.11does not request a hearing by notifying the commissioner office in writing within 20 days |
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116 | | - | 4.12after receipt of the notice of proposed action, the commissioner office may proceed with |
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117 | | - | 4.13the action without a hearing. For revocations, the registration of a manufacturer is considered |
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118 | | - | 4.14revoked on the date specified in the commissioner's office's written notice of revocation. |
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119 | | - | 4.15 Subd. 1b.Temporary suspension proceedings.The commissioner office may institute |
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120 | | - | 4.16proceedings to temporarily suspend the registration of a medical cannabis manufacturer for |
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121 | | - | 4.17a period of up to 90 days by notifying the manufacturer in writing if any action by an |
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122 | | - | 4.18employee, agent, officer, director, or controlling person of the manufacturer: |
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123 | | - | 4.19 (1) violates any of the requirements of sections 152.22 to 152.37 or the rules adopted |
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124 | | - | 4.20thereunder; |
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125 | | - | 4.21 (2) permits, aids, or abets the commission of any violation of state law at the |
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126 | | - | 4.22manufacturer's location for cultivation, harvesting, manufacturing, packaging, and processing |
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127 | | - | 4.23or at any site for distribution of medical cannabis; |
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128 | | - | 4.24 (3) performs any act contrary to the welfare of a registered patient or registered designated |
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129 | | - | 4.25caregiver; or |
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130 | | - | 4.26 (4) obtains, or attempts to obtain, a registration by fraudulent means or misrepresentation. |
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131 | | - | 4.27 Subd. 1c.Notice to patients.Upon the revocation or nonrenewal of a manufacturer's |
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132 | | - | 4.28registration under subdivision 1a or implementation of an enforcement action under |
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133 | | - | 4.29subdivision 1b that may affect the ability of a registered patient, registered designated |
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134 | | - | 4.30caregiver, or a registered patient's parent, legal guardian, or spouse to obtain medical cannabis |
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135 | | - | 4.31from the manufacturer subject to the enforcement action, the commissioner office shall |
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136 | | - | 4.32notify in writing each registered patient and the patient's registered designated caregiver or |
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137 | | - | 4.33registered patient's parent, legal guardian, or spouse about the outcome of the proceeding |
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138 | | - | 4.34and information regarding alternative registered manufacturers. This notice must be provided |
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139 | | - | 4Article 1 Sec. 6. |
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140 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 5.1two or more business days prior to the effective date of the revocation, nonrenewal, or other |
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141 | | - | 5.2enforcement action. |
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142 | | - | 5.3 Subd. 2.Range of compounds and dosages; report.The office shall review and publicly |
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143 | | - | 5.4report the existing medical and scientific literature regarding the range of recommended |
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144 | | - | 5.5dosages for each qualifying condition and the range of chemical compositions of any plant |
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145 | | - | 5.6of the genus cannabis that will likely be medically beneficial for each of the qualifying |
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146 | | - | 5.7medical conditions. The office shall make this information available to patients with |
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147 | | - | 5.8qualifying medical conditions beginning December 1, 2014, and update the information |
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148 | | - | 5.9every three years. The office may consult with the independent laboratory under contract |
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149 | | - | 5.10with the manufacturer or other experts in reporting the range of recommended dosages for |
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150 | | - | 5.11each qualifying medical condition, the range of chemical compositions that will likely be |
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151 | | - | 5.12medically beneficial, and any risks of noncannabis drug interactions. The office shall consult |
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152 | | - | 5.13with each manufacturer on an annual basis on medical cannabis offered by the manufacturer. |
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153 | | - | 5.14The list of medical cannabis offered by a manufacturer shall be published on the Office of |
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154 | | - | 5.15Cannabis Management website. |
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155 | | - | 5.16 Subd. 3.Deadlines.The commissioner office shall adopt rules necessary for the |
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156 | | - | 5.17manufacturer to begin distribution of medical cannabis to patients under the registry program |
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157 | | - | 5.18by July 1, 2015, and have notice of proposed rules published in the State Register prior to |
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158 | | - | 5.19January 1, 2015. |
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159 | | - | 5.20 Subd. 4.Reports.(a) The commissioner office shall provide regular updates to the task |
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160 | | - | 5.21force on medical cannabis therapeutic research and to the chairs and ranking minority |
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161 | | - | 5.22members of the legislative committees with jurisdiction over health and human services, |
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162 | | - | 5.23public safety, judiciary, and civil law Cannabis Advisory Council under section 342.03 |
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163 | | - | 5.24regarding: (1) any changes in federal law or regulatory restrictions regarding the use of |
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164 | | - | 5.25medical cannabis or hemp; and (2) the market demand and supply in this state for products |
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165 | | - | 5.26made from hemp that can be used for medicinal purposes. |
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166 | | - | 5.27 (b) The commissioner office may submit medical research based on the data collected |
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167 | | - | 5.28under sections 152.22 to 152.37 to any federal agency with regulatory or enforcement |
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168 | | - | 5.29authority over medical cannabis to demonstrate the effectiveness of medical cannabis for |
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169 | | - | 5.30treating a qualifying medical condition. |
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170 | | - | 5Article 1 Sec. 6. |
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171 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 6.1 Sec. 7. Minnesota Statutes 2024, section 152.26, is amended to read: |
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172 | | - | 6.2 152.26 RULEMAKING. |
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173 | | - | 6.3 (a) The commissioner office may adopt rules to implement sections 152.22 to 152.37. |
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174 | | - | 6.4Rules for which notice is published in the State Register before January 1, 2015, may be |
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175 | | - | 6.5adopted using the process in section 14.389. |
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176 | | - | 6.6 (b) The commissioner office may adopt or amend rules, using the procedure in section |
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177 | | - | 6.714.386, paragraph (a), to implement the addition of dried raw cannabis as an allowable form |
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178 | | - | 6.8of medical cannabis under section 152.22, subdivision 6, paragraph (a), clause (4). Section |
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179 | | - | 6.914.386, paragraph (b), does not apply to these rules. |
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180 | | - | 6.10 Sec. 8. Minnesota Statutes 2024, section 152.261, is amended to read: |
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181 | | - | 6.11 152.261 RULES; ADVERSE INCIDENTS. |
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182 | | - | 6.12 (a) The commissioner of health office shall adopt rules to establish requirements for |
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183 | | - | 6.13reporting incidents when individuals who are not authorized to possess medical cannabis |
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184 | | - | 6.14under sections 152.22 to 152.37 are found in possession of medical cannabis. The rules |
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185 | | - | 6.15must identify professionals required to report, the information they are required to report, |
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186 | | - | 6.16and actions the reporter must take to secure the medical cannabis. |
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187 | | - | 6.17 (b) The commissioner of health office shall adopt rules to establish requirements for law |
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188 | | - | 6.18enforcement officials and health care professionals to report incidents involving an overdose |
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189 | | - | 6.19of medical cannabis to the commissioner of health office. |
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190 | | - | 6.20 (c) Rules must include the method by which the commissioner office will collect and |
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191 | | - | 6.21tabulate reports of unauthorized possession and overdose. |
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192 | | - | 6.22 Sec. 9. Minnesota Statutes 2024, section 152.27, subdivision 2, is amended to read: |
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193 | | - | 6.23 Subd. 2.Office duties.(a) The office shall: |
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194 | | - | 6.24 (1) give notice of the program to health care practitioners in the state who are eligible |
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195 | | - | 6.25to serve as health care practitioners and explain the purposes and requirements of the |
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196 | | - | 6.26program; |
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197 | | - | 6.27 (2) allow each health care practitioner who meets or agrees to meet the program's |
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198 | | - | 6.28requirements and who requests to participate, to be included in the registry program to |
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199 | | - | 6.29collect data for the patient registry; |
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200 | | - | 6.30 (3) provide explanatory information and assistance to each health care practitioner in |
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201 | | - | 6.31understanding the nature of therapeutic use of medical cannabis within program requirements; |
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202 | | - | 6Article 1 Sec. 9. |
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203 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 7.1 (4) create and provide a certification to be used by a health care practitioner for the |
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204 | | - | 7.2practitioner to certify whether a patient has been diagnosed with a qualifying medical |
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205 | | - | 7.3condition; |
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206 | | - | 7.4 (5) supervise the participation of the health care practitioner in conducting patient |
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207 | | - | 7.5treatment and health records reporting in a manner that ensures stringent security and |
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208 | | - | 7.6record-keeping requirements and that prevents the unauthorized release of private data on |
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209 | | - | 7.7individuals as defined by section 13.02; |
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210 | | - | 7.8 (6) develop safety criteria for patients with a qualifying medical condition as a |
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211 | | - | 7.9requirement of the patient's participation in the program, to prevent the patient from |
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212 | | - | 7.10undertaking any task under the influence of medical cannabis that would constitute negligence |
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213 | | - | 7.11or professional malpractice on the part of the patient; and |
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214 | | - | 7.12 (7) conduct research and studies based on data from health records submitted to the |
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215 | | - | 7.13registry program and submit reports on intermediate or final research results to the legislature |
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216 | | - | 7.14and major scientific journals. The office may contract with a third party to complete the |
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217 | | - | 7.15requirements of this clause. Any reports submitted must comply with section 152.28, |
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218 | | - | 7.16subdivision 2. |
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219 | | - | 7.17 (b) The office may add a delivery method under section 152.22, subdivision 6, upon a |
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220 | | - | 7.18petition from a member of the public or the Cannabis Advisory Council under section 342.03 |
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221 | | - | 7.19or as directed by law. If the office wishes to add a delivery method under section 152.22, |
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222 | | - | 7.20subdivision 6, the office must notify the chairs and ranking minority members of the |
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223 | | - | 7.21legislative policy committees having jurisdiction over health and public safety of the addition |
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224 | | - | 7.22and the reasons for its addition, including any written comments received by the office from |
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225 | | - | 7.23the public and any guidance received from the Cannabis Advisory Council under section |
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226 | | - | 7.24342.03, by January 15 of the year in which the office wishes to make the change. The change |
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227 | | - | 7.25shall be effective on August 1 of that year, unless the legislature by law provides otherwise. |
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228 | | - | 7.26 Sec. 10. Minnesota Statutes 2024, section 152.27, subdivision 7, is amended to read: |
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229 | | - | 7.27 Subd. 7.Notice requirements.Patients and registered designated caregivers shall notify |
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230 | | - | 7.28the commissioner office of any address or name change within 30 days of the change having |
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231 | | - | 7.29occurred. A patient or registered designated caregiver is subject to a $100 fine for failure |
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232 | | - | 7.30to notify the commissioner office of the change. |
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233 | | - | 7Article 1 Sec. 10. |
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234 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 8.1 Sec. 11. Minnesota Statutes 2024, section 152.28, subdivision 1, is amended to read: |
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235 | | - | 8.2 Subdivision 1.Health care practitioner duties.(a) Prior to a patient's enrollment in |
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236 | | - | 8.3the registry program, a health care practitioner shall: |
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237 | | - | 8.4 (1) determine, in the health care practitioner's medical judgment, whether a patient suffers |
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238 | | - | 8.5from a qualifying medical condition, and, if so determined, provide the patient with a |
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239 | | - | 8.6certification of that diagnosis; |
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240 | | - | 8.7 (2) advise patients, registered designated caregivers, and parents, legal guardians, or |
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241 | | - | 8.8spouses who are acting as caregivers of the existence of any nonprofit patient support groups |
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242 | | - | 8.9or organizations; |
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243 | | - | 8.10 (3) provide explanatory information from the office to patients with qualifying medical |
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244 | | - | 8.11conditions, including disclosure to all patients about the experimental nature of therapeutic |
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245 | | - | 8.12use of medical cannabis; the possible risks, benefits, and side effects of the proposed |
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246 | | - | 8.13treatment; the application and other materials from the office; and provide patients with the |
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247 | | - | 8.14Tennessen warning as required by section 13.04, subdivision 2; and |
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248 | | - | 8.15 (4) agree to continue treatment of the patient's qualifying medical condition and report |
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249 | | - | 8.16medical findings to the office. |
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250 | | - | 8.17 (b) Upon notification from the office of the patient's enrollment in the registry program, |
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251 | | - | 8.18the health care practitioner shall: |
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252 | | - | 8.19 (1) participate in the patient registry reporting system under the guidance and supervision |
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253 | | - | 8.20of the office; |
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254 | | - | 8.21 (2) report health records of the patient throughout the ongoing treatment of the patient |
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255 | | - | 8.22to the office in a manner determined by the commissioner office and in accordance with |
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256 | | - | 8.23subdivision 2; |
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257 | | - | 8.24 (3) determine, every three years, if the patient continues to suffer from a qualifying |
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258 | | - | 8.25medical condition and, if so, issue the patient a new certification of that diagnosis; and |
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259 | | - | 8.26 (4) otherwise comply with all requirements developed by the office. |
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260 | | - | 8.27 (c) A health care practitioner may utilize telehealth, as defined in section 62A.673, |
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261 | | - | 8.28subdivision 2, for certifications and recertifications. |
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262 | | - | 8.29 (d) Nothing in this section requires a health care practitioner to participate in the registry |
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263 | | - | 8.30program. |
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264 | | - | 8Article 1 Sec. 11. |
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265 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 9.1 Sec. 12. Minnesota Statutes 2024, section 152.28, subdivision 3, is amended to read: |
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266 | | - | 9.2 Subd. 3.Advertising restrictions.(a) A health care practitioner shall not publish or |
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267 | | - | 9.3cause to be published any advertisement that: |
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268 | | - | 9.4 (1) contains false or misleading statements about medical cannabis or about the medical |
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269 | | - | 9.5cannabis registry program; |
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270 | | - | 9.6 (2) uses colloquial terms to refer to medical cannabis, such as pot, weed, or grass; |
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271 | | - | 9.7 (3) states or implies the health care practitioner is endorsed by the Department of Health |
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272 | | - | 9.8office or by the medical cannabis registry program; |
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273 | | - | 9.9 (4) includes images of cannabis in its plant or leaf form or of cannabis-smoking |
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274 | | - | 9.10paraphernalia; or |
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275 | | - | 9.11 (5) contains medical symbols that could reasonably be confused with symbols of |
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276 | | - | 9.12established medical associations or groups. |
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277 | | - | 9.13 (b) A health care practitioner found by the commissioner office to have violated this |
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278 | | - | 9.14subdivision is prohibited from certifying that patients have a qualifying medical condition |
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279 | | - | 9.15for purposes of patient participation in the registry program. The commissioner's office's |
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280 | | - | 9.16decision that a health care practitioner has violated this subdivision is a final decision of |
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281 | | - | 9.17the commissioner office and is not subject to the contested case procedures in chapter 14. |
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282 | | - | 9.18 Sec. 13. Minnesota Statutes 2024, section 152.29, subdivision 1, is amended to read: |
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283 | | - | 9.19 Subdivision 1.Manufacturer; requirements.(a) A manufacturer may operate eight |
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284 | | - | 9.20distribution facilities, which may include the manufacturer's single location for cultivation, |
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285 | | - | 9.21harvesting, manufacturing, packaging, and processing but is not required to include that |
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286 | | - | 9.22location. The commissioner office shall designate the geographical service areas to be served |
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287 | | - | 9.23by each manufacturer based on geographical need throughout the state to improve patient |
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288 | | - | 9.24access. A manufacturer shall not have more than two distribution facilities in each |
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289 | | - | 9.25geographical service area assigned to the manufacturer by the commissioner office. A |
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290 | | - | 9.26manufacturer shall operate only one location where all cultivation, harvesting, manufacturing, |
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291 | | - | 9.27packaging, and processing of medical cannabis shall be conducted. This location may be |
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292 | | - | 9.28one of the manufacturer's distribution facility sites. The additional distribution facilities |
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293 | | - | 9.29may dispense medical cannabis and medical cannabis products but may not contain any |
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294 | | - | 9.30medical cannabis in a form other than those forms allowed under section 152.22, subdivision |
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295 | | - | 9.316, and the manufacturer shall not conduct any cultivation, harvesting, manufacturing, |
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296 | | - | 9.32packaging, or processing at the other distribution facility sites. Any distribution facility |
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297 | | - | 9.33operated by the manufacturer is subject to all of the requirements applying to the |
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298 | | - | 9Article 1 Sec. 13. |
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299 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 10.1manufacturer under sections 152.22 to 152.37, including, but not limited to, security and |
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300 | | - | 10.2distribution requirements. |
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301 | | - | 10.3 (b) A manufacturer may acquire hemp grown in this state from a hemp grower, and may |
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302 | | - | 10.4acquire hemp products produced by a hemp processor. A manufacturer may manufacture |
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303 | | - | 10.5or process hemp and hemp products into an allowable form of medical cannabis under |
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304 | | - | 10.6section 152.22, subdivision 6. Hemp and hemp products acquired by a manufacturer under |
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305 | | - | 10.7this paragraph are subject to the same quality control program, security and testing |
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306 | | - | 10.8requirements, and other requirements that apply to medical cannabis under sections 152.22 |
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307 | | - | 10.9to 152.37 and Minnesota Rules, chapter 4770. |
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308 | | - | 10.10 (c) A medical cannabis manufacturer shall contract with a laboratory approved by the |
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309 | | - | 10.11commissioner office, subject to any additional requirements set by the commissioner office, |
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310 | | - | 10.12for purposes of testing medical cannabis manufactured or hemp or hemp products acquired |
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311 | | - | 10.13by the medical cannabis manufacturer as to content, contamination, and consistency to |
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312 | | - | 10.14verify the medical cannabis meets the requirements of section 152.22, subdivision 6. The |
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313 | | - | 10.15cost of laboratory testing shall be paid by the manufacturer. |
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314 | | - | 10.16 (d) The operating documents of a manufacturer must include: |
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315 | | - | 10.17 (1) procedures for the oversight of the manufacturer and procedures to ensure accurate |
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316 | | - | 10.18record keeping; |
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317 | | - | 10.19 (2) procedures for the implementation of appropriate security measures to deter and |
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318 | | - | 10.20prevent the theft of medical cannabis and unauthorized entrance into areas containing medical |
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319 | | - | 10.21cannabis; and |
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320 | | - | 10.22 (3) procedures for the delivery and transportation of hemp between hemp growers and |
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321 | | - | 10.23manufacturers and for the delivery and transportation of hemp products between hemp |
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322 | | - | 10.24processors and manufacturers. |
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323 | | - | 10.25 (e) A manufacturer shall implement security requirements, including requirements for |
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324 | | - | 10.26the delivery and transportation of hemp and hemp products, protection of each location by |
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325 | | - | 10.27a fully operational security alarm system, facility access controls, perimeter intrusion |
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326 | | - | 10.28detection systems, and a personnel identification system. |
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327 | | - | 10.29 (f) A manufacturer shall not share office space with, refer patients to a health care |
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328 | | - | 10.30practitioner, or have any financial relationship with a health care practitioner. |
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329 | | - | 10.31 (g) A manufacturer shall not permit any person to consume medical cannabis on the |
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330 | | - | 10.32property of the manufacturer. |
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331 | | - | 10.33 (h) A manufacturer is subject to reasonable inspection by the commissioner office. |
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332 | | - | 10Article 1 Sec. 13. |
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333 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 11.1 (i) For purposes of sections 152.22 to 152.37, a medical cannabis manufacturer is not |
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334 | | - | 11.2subject to the Board of Pharmacy licensure or regulatory requirements under chapter 151. |
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335 | | - | 11.3 (j) A medical cannabis manufacturer may not employ any person who is under 21 years |
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336 | | - | 11.4of age or who has been convicted of a disqualifying felony offense. An employee of a |
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337 | | - | 11.5medical cannabis manufacturer must submit a completed criminal history records check |
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338 | | - | 11.6consent form, a full set of classifiable fingerprints, and the required fees for submission to |
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339 | | - | 11.7the Bureau of Criminal Apprehension before an employee may begin working with the |
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340 | | - | 11.8manufacturer. The bureau must conduct a Minnesota criminal history records check and |
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341 | | - | 11.9the superintendent is authorized to exchange the fingerprints with the Federal Bureau of |
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342 | | - | 11.10Investigation to obtain the applicant's national criminal history record information. The |
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343 | | - | 11.11bureau shall return the results of the Minnesota and federal criminal history records checks |
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344 | | - | 11.12to the commissioner office. |
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345 | | - | 11.13 (k) A manufacturer may not operate in any location, whether for distribution or |
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346 | | - | 11.14cultivation, harvesting, manufacturing, packaging, or processing, within 1,000 feet of a |
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347 | | - | 11.15public or private school existing before the date of the manufacturer's registration with the |
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348 | | - | 11.16commissioner office. |
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349 | | - | 11.17 (l) A manufacturer shall comply with reasonable restrictions set by the commissioner |
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350 | | - | 11.18office relating to signage, marketing, display, and advertising of medical cannabis. |
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351 | | - | 11.19 (m) Before a manufacturer acquires hemp from a hemp grower or hemp products from |
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352 | | - | 11.20a hemp processor, the manufacturer must verify that the hemp grower or hemp processor |
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353 | | - | 11.21has a valid license issued by the commissioner of agriculture under chapter 18K. |
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354 | | - | 11.22 (n) Until a state-centralized, seed-to-sale system is implemented that can track a specific |
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355 | | - | 11.23medical cannabis plant from cultivation through testing and point of sale, the commissioner |
---|
356 | | - | 11.24office shall conduct at least one unannounced inspection per year of each manufacturer that |
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357 | | - | 11.25includes inspection of: |
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358 | | - | 11.26 (1) business operations; |
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359 | | - | 11.27 (2) physical locations of the manufacturer's manufacturing facility and distribution |
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360 | | - | 11.28facilities; |
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361 | | - | 11.29 (3) financial information and inventory documentation, including laboratory testing |
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362 | | - | 11.30results; and |
---|
363 | | - | 11.31 (4) physical and electronic security alarm systems. |
---|
364 | | - | 11Article 1 Sec. 13. |
---|
365 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 12.1 Sec. 14. Minnesota Statutes 2024, section 152.29, subdivision 2, is amended to read: |
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366 | | - | 12.2 Subd. 2.Manufacturer; production.(a) A manufacturer of medical cannabis shall |
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367 | | - | 12.3provide a reliable and ongoing supply of all medical cannabis needed for the registry program |
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368 | | - | 12.4through cultivation by the manufacturer and through the purchase of hemp from hemp |
---|
369 | | - | 12.5growers. |
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370 | | - | 12.6 (b) All cultivation, harvesting, manufacturing, packaging, and processing of medical |
---|
371 | | - | 12.7cannabis must take place in an enclosed, locked facility at a physical address provided to |
---|
372 | | - | 12.8the commissioner office during the registration process. |
---|
373 | | - | 12.9 (c) A manufacturer must process and prepare any medical cannabis plant material or |
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374 | | - | 12.10hemp plant material into a form allowable under section 152.22, subdivision 6, prior to |
---|
375 | | - | 12.11distribution of any medical cannabis. |
---|
376 | | - | 12.12Sec. 15. Minnesota Statutes 2024, section 152.29, subdivision 3a, is amended to read: |
---|
377 | | - | 12.13 Subd. 3a.Transportation of medical cannabis; transport staffing.(a) A medical |
---|
378 | | - | 12.14cannabis manufacturer may staff a transport motor vehicle with only one employee if the |
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379 | | - | 12.15medical cannabis manufacturer is transporting medical cannabis to either a certified |
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380 | | - | 12.16laboratory for the purpose of testing or a facility for the purpose of disposal. If the medical |
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381 | | - | 12.17cannabis manufacturer is transporting medical cannabis for any other purpose or destination, |
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382 | | - | 12.18the transport motor vehicle must be staffed with a minimum of two employees as required |
---|
383 | | - | 12.19by rules adopted by the commissioner office. |
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384 | | - | 12.20 (b) Notwithstanding paragraph (a), a medical cannabis manufacturer that is only |
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385 | | - | 12.21transporting hemp for any purpose may staff the transport motor vehicle with only one |
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386 | | - | 12.22employee. |
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387 | | - | 12.23 (c) A medical cannabis manufacturer may contract with a third party for armored car |
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388 | | - | 12.24services for deliveries of medical cannabis from its production facility to distribution |
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389 | | - | 12.25facilities. A medical cannabis manufacturer that contracts for armored car services remains |
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390 | | - | 12.26responsible for the transportation manifest and inventory tracking requirements in rules |
---|
391 | | - | 12.27adopted by the commissioner office. |
---|
392 | | - | 12.28 (d) Department of Health Office staff may transport medical cannabis for the purposes |
---|
393 | | - | 12.29of delivering medical cannabis and other samples to a laboratory for testing under rules |
---|
394 | | - | 12.30adopted by the commissioner office and in cases of special investigations when the |
---|
395 | | - | 12.31commissioner office has determined there is a potential threat to public health. The transport |
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396 | | - | 12.32motor vehicle must be staffed with a minimum of two Department of Health office |
---|
397 | | - | 12Article 1 Sec. 15. |
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398 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 13.1employees. The employees must carry with them their Department of Health office |
---|
399 | | - | 13.2identification card and a transport manifest. |
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400 | | - | 13.3 Sec. 16. Minnesota Statutes 2024, section 152.29, subdivision 4, is amended to read: |
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401 | | - | 13.4 Subd. 4.Report.(a) Each manufacturer shall report to the commissioner office on a |
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402 | | - | 13.5monthly basis the following information on each individual patient for the month prior to |
---|
403 | | - | 13.6the report: |
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404 | | - | 13.7 (1) the amount and dosages of medical cannabis distributed; |
---|
405 | | - | 13.8 (2) the chemical composition of the medical cannabis; and |
---|
406 | | - | 13.9 (3) the tracking number assigned to any medical cannabis distributed. |
---|
407 | | - | 13.10 (b) For transactions involving Tribal medical cannabis program patients, each |
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408 | | - | 13.11manufacturer shall report to the commissioner office on a weekly basis the following |
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409 | | - | 13.12information on each individual Tribal medical cannabis program patient for the week prior |
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410 | | - | 13.13to the report: |
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411 | | - | 13.14 (1) the name of the Tribal medical cannabis program in which the Tribal medical cannabis |
---|
412 | | - | 13.15program patient is enrolled; |
---|
413 | | - | 13.16 (2) the amount and dosages of medical cannabis distributed; |
---|
414 | | - | 13.17 (3) the chemical composition of the medical cannabis distributed; and |
---|
415 | | - | 13.18 (4) the tracking number assigned to the medical cannabis distributed. |
---|
416 | | - | 13.19Sec. 17. Minnesota Statutes 2024, section 152.31, is amended to read: |
---|
417 | | - | 13.20 152.31 DATA PRACTICES. |
---|
418 | | - | 13.21 (a) Government data in patient files maintained by the commissioner office and the |
---|
419 | | - | 13.22health care practitioner, and data submitted to or by a medical cannabis manufacturer, are |
---|
420 | | - | 13.23private data on individuals, as defined in section 13.02, subdivision 12, or nonpublic data, |
---|
421 | | - | 13.24as defined in section 13.02, subdivision 9, but may be used for purposes of complying with |
---|
422 | | - | 13.25chapter 13 and complying with a request from the legislative auditor or the state auditor in |
---|
423 | | - | 13.26the performance of official duties. The provisions of section 13.05, subdivision 11, apply |
---|
424 | | - | 13.27to a registration agreement entered between the commissioner office and a medical cannabis |
---|
425 | | - | 13.28manufacturer under section 152.25. |
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426 | | - | 13Article 1 Sec. 17. |
---|
427 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 14.1 (b) Not public data maintained by the commissioner office may not be used for any |
---|
428 | | - | 14.2purpose not provided for in sections 152.22 to 152.37, and may not be combined or linked |
---|
429 | | - | 14.3in any manner with any other list, dataset, or database. |
---|
430 | | - | 14.4 (c) The commissioner office may execute data sharing arrangements with the |
---|
431 | | - | 14.5commissioner of agriculture to verify licensing, inspection, and compliance information |
---|
432 | | - | 14.6related to hemp growers and hemp processors under chapter 18K. |
---|
433 | | - | 14.7 Sec. 18. Minnesota Statutes 2024, section 152.32, subdivision 2, is amended to read: |
---|
434 | | - | 14.8 Subd. 2.Criminal and civil protections.(a) Subject to section 152.23, the following |
---|
435 | | - | 14.9are not violations under this chapter: |
---|
436 | | - | 14.10 (1) use or possession of medical cannabis or medical cannabis products by a patient |
---|
437 | | - | 14.11enrolled in the registry program; possession by a registered designated caregiver or the |
---|
438 | | - | 14.12parent, legal guardian, or spouse of a patient if the parent, legal guardian, or spouse is listed |
---|
439 | | - | 14.13on the registry verification; or use or possession of medical cannabis or medical cannabis |
---|
440 | | - | 14.14products by a Tribal medical cannabis program patient; |
---|
441 | | - | 14.15 (2) possession, dosage determination, or sale of medical cannabis or medical cannabis |
---|
442 | | - | 14.16products by a medical cannabis manufacturer, employees of a manufacturer, a Tribal medical |
---|
443 | | - | 14.17cannabis program manufacturer, employees of a Tribal medical cannabis program |
---|
444 | | - | 14.18manufacturer, a laboratory conducting testing on medical cannabis, or employees of the |
---|
445 | | - | 14.19laboratory; and |
---|
446 | | - | 14.20 (3) possession of medical cannabis or medical cannabis products by any person while |
---|
447 | | - | 14.21carrying out the duties required under sections 152.22 to 152.37. |
---|
448 | | - | 14.22 (b) Medical cannabis obtained and distributed pursuant to sections 152.22 to 152.37 and |
---|
449 | | - | 14.23associated property is not subject to forfeiture under sections 609.531 to 609.5316. |
---|
450 | | - | 14.24 (c) The commissioner office, members of a Tribal medical cannabis board, the |
---|
451 | | - | 14.25commissioner's office's or Tribal medical cannabis board's staff, the commissioner's office's |
---|
452 | | - | 14.26or Tribal medical cannabis board's agents or contractors, and any health care practitioner |
---|
453 | | - | 14.27are not subject to any civil or disciplinary penalties by the Board of Medical Practice, the |
---|
454 | | - | 14.28Board of Nursing, or by any business, occupational, or professional licensing board or entity, |
---|
455 | | - | 14.29solely for participation in the registry program under sections 152.22 to 152.37 or in a Tribal |
---|
456 | | - | 14.30medical cannabis program. A pharmacist licensed under chapter 151 is not subject to any |
---|
457 | | - | 14.31civil or disciplinary penalties by the Board of Pharmacy when acting in accordance with |
---|
458 | | - | 14.32the provisions of sections 152.22 to 152.37. Nothing in this section affects a professional |
---|
459 | | - | 14.33licensing board from taking action in response to violations of any other section of law. |
---|
460 | | - | 14Article 1 Sec. 18. |
---|
461 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 15.1 (d) Notwithstanding any law to the contrary, the commissioner office, the governor of |
---|
462 | | - | 15.2Minnesota, or an employee of any state agency may not be held civilly or criminally liable |
---|
463 | | - | 15.3for any injury, loss of property, personal injury, or death caused by any act or omission |
---|
464 | | - | 15.4while acting within the scope of office or employment under sections 152.22 to 152.37. |
---|
465 | | - | 15.5 (e) Federal, state, and local law enforcement authorities are prohibited from accessing |
---|
466 | | - | 15.6the patient registry under sections 152.22 to 152.37 except when acting pursuant to a valid |
---|
467 | | - | 15.7search warrant. |
---|
468 | | - | 15.8 (f) Notwithstanding any law to the contrary, neither the commissioner office nor a public |
---|
469 | | - | 15.9employee may release data or information about an individual contained in any report, |
---|
470 | | - | 15.10document, or registry created under sections 152.22 to 152.37 or any information obtained |
---|
471 | | - | 15.11about a patient participating in the program, except as provided in sections 152.22 to 152.37. |
---|
472 | | - | 15.12 (g) No information contained in a report, document, or registry or obtained from a patient |
---|
473 | | - | 15.13under sections 152.22 to 152.37 or from a Tribal medical cannabis program patient may be |
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474 | | - | 15.14admitted as evidence in a criminal proceeding unless independently obtained or in connection |
---|
475 | | - | 15.15with a proceeding involving a violation of sections 152.22 to 152.37. |
---|
476 | | - | 15.16 (h) Notwithstanding section 13.09, any person who violates paragraph (e) or (f) is guilty |
---|
477 | | - | 15.17of a gross misdemeanor. |
---|
478 | | - | 15.18 (i) An attorney may not be subject to disciplinary action by the Minnesota Supreme |
---|
479 | | - | 15.19Court, a Tribal court, or the professional responsibility board for providing legal assistance |
---|
480 | | - | 15.20to prospective or registered manufacturers or others related to activity that is no longer |
---|
481 | | - | 15.21subject to criminal penalties under state law pursuant to sections 152.22 to 152.37, or for |
---|
482 | | - | 15.22providing legal assistance to a Tribal medical cannabis program or a Tribal medical cannabis |
---|
483 | | - | 15.23program manufacturer. |
---|
484 | | - | 15.24 (j) The following do not constitute probable cause or reasonable suspicion, and shall not |
---|
485 | | - | 15.25be used to support a search of the person or property of the person possessing or applying |
---|
486 | | - | 15.26for the registry verification or equivalent, or otherwise subject the person or property of the |
---|
487 | | - | 15.27person to inspection by any governmental agency: |
---|
488 | | - | 15.28 (1) possession of a registry verification or application for enrollment in the registry |
---|
489 | | - | 15.29program by a person entitled to possess a registry verification or apply for enrollment in |
---|
490 | | - | 15.30the registry program; or |
---|
491 | | - | 15.31 (2) possession of a verification or equivalent issued by a Tribal medical cannabis program |
---|
492 | | - | 15.32or application for enrollment in a Tribal medical cannabis program by a person entitled to |
---|
493 | | - | 15.33possess such a verification or application. |
---|
494 | | - | 15Article 1 Sec. 18. |
---|
495 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 16.1 Sec. 19. Minnesota Statutes 2024, section 152.33, subdivision 1a, is amended to read: |
---|
496 | | - | 16.2 Subd. 1a.Intentional diversion outside the state; penalties.(a) In addition to any other |
---|
497 | | - | 16.3applicable penalty in law, the commissioner office may levy a fine of $250,000 against a |
---|
498 | | - | 16.4manufacturer and may immediately initiate proceedings to revoke the manufacturer's |
---|
499 | | - | 16.5registration, using the procedure in section 152.25, if: |
---|
500 | | - | 16.6 (1) an officer, director, or controlling person of the manufacturer pleads or is found |
---|
501 | | - | 16.7guilty under subdivision 1 of intentionally transferring medical cannabis, while the person |
---|
502 | | - | 16.8was an officer, director, or controlling person of the manufacturer, to a person other than |
---|
503 | | - | 16.9allowed by law; and |
---|
504 | | - | 16.10 (2) in intentionally transferring medical cannabis to a person other than allowed by law, |
---|
505 | | - | 16.11the officer, director, or controlling person transported or directed the transport of medical |
---|
506 | | - | 16.12cannabis outside of Minnesota. |
---|
507 | | - | 16.13 (b) All fines collected under this subdivision shall be deposited in the state government |
---|
508 | | - | 16.14special revenue fund. |
---|
509 | | - | 16.15Sec. 20. Minnesota Statutes 2024, section 152.33, subdivision 4, is amended to read: |
---|
510 | | - | 16.16 Subd. 4.Submission of false records; criminal penalty.A person who knowingly |
---|
511 | | - | 16.17submits false records or documentation required by the commissioner office to register as |
---|
512 | | - | 16.18a manufacturer of medical cannabis under sections 152.22 to 152.37 is guilty of a felony |
---|
513 | | - | 16.19and may be sentenced to imprisonment for not more than two years or by payment of a fine |
---|
514 | | - | 16.20of not more than $3,000, or both. |
---|
515 | | - | 16.21Sec. 21. Minnesota Statutes 2024, section 152.35, is amended to read: |
---|
516 | | - | 16.22 152.35 FEES; DEPOSIT OF REVENUE. |
---|
517 | | - | 16.23 (a) The commissioner office shall collect an application fee of $20,000 from each entity |
---|
518 | | - | 16.24submitting an application for registration as a medical cannabis manufacturer. Revenue |
---|
519 | | - | 16.25from the fee shall be deposited in the state treasury and credited to the state government |
---|
520 | | - | 16.26special revenue fund. |
---|
521 | | - | 16.27 (b) The commissioner office shall establish and collect an annual fee from a medical |
---|
522 | | - | 16.28cannabis manufacturer equal to the cost of regulating and inspecting the manufacturer in |
---|
523 | | - | 16.29that year. Revenue from the fee amount shall be deposited in the state treasury and credited |
---|
524 | | - | 16.30to the state government special revenue fund. |
---|
525 | | - | 16Article 1 Sec. 21. |
---|
526 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 17.1 (c) A medical cannabis manufacturer may charge patients enrolled in the registry program |
---|
527 | | - | 17.2a reasonable fee for costs associated with the operations of the manufacturer. The |
---|
528 | | - | 17.3manufacturer may establish a sliding scale of patient fees based upon a patient's household |
---|
529 | | - | 17.4income and may accept private donations to reduce patient fees. |
---|
530 | | - | 17.5 Sec. 22. Minnesota Statutes 2024, section 152.37, is amended to read: |
---|
531 | | - | 17.6 152.37 FINANCIAL EXAMINATIONS; PRICING REVIEWS. |
---|
532 | | - | 17.7 Subdivision 1.Financial records.A medical cannabis manufacturer shall maintain |
---|
533 | | - | 17.8detailed financial records in a manner and format approved by the commissioner office, |
---|
534 | | - | 17.9and shall keep all records updated and accessible to the commissioner office when requested. |
---|
535 | | - | 17.10 Subd. 2.Certified annual audit.A medical cannabis manufacturer shall submit the |
---|
536 | | - | 17.11results of an annual certified financial audit to the commissioner office no later than May |
---|
537 | | - | 17.121 of each year for the calendar year beginning January 2015. The annual audit shall be |
---|
538 | | - | 17.13conducted by an independent certified public accountant and the costs of the audit are the |
---|
539 | | - | 17.14responsibility of the medical cannabis manufacturer. Results of the audit shall be provided |
---|
540 | | - | 17.15to the medical cannabis manufacturer and the commissioner office. The commissioner office |
---|
541 | | - | 17.16may also require another audit of the medical cannabis manufacturer by a certified public |
---|
542 | | - | 17.17accountant chosen by the commissioner office with the costs of the audit paid by the medical |
---|
543 | | - | 17.18cannabis manufacturer. |
---|
544 | | - | 17.19 Subd. 3.Power to examine.(a) The commissioner office or designee may examine the |
---|
545 | | - | 17.20business affairs and conditions of any medical cannabis manufacturer, including but not |
---|
546 | | - | 17.21limited to a review of the financing, budgets, revenues, sales, and pricing. |
---|
547 | | - | 17.22 (b) An examination may cover the medical cannabis manufacturer's business affairs, |
---|
548 | | - | 17.23practices, and conditions including but not limited to a review of the financing, budgets, |
---|
549 | | - | 17.24revenues, sales, and pricing. The commissioner office shall determine the nature and scope |
---|
550 | | - | 17.25of each examination and in doing so shall take into account all available relevant factors |
---|
551 | | - | 17.26concerning the financial and business affairs, practices, and conditions of the examinee. |
---|
552 | | - | 17.27The costs incurred by the department in conducting an examination shall be paid for by the |
---|
553 | | - | 17.28medical cannabis manufacturer. |
---|
554 | | - | 17.29 (c) When making an examination under this section, the commissioner office may retain |
---|
555 | | - | 17.30attorneys, appraisers, independent economists, independent certified public accountants, or |
---|
556 | | - | 17.31other professionals and specialists as designees. A certified public accountant retained by |
---|
557 | | - | 17.32the commissioner office may not be the same certified public accountant providing the |
---|
558 | | - | 17.33certified annual audit in subdivision 2. |
---|
559 | | - | 17Article 1 Sec. 22. |
---|
560 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 18.1 (d) The commissioner office shall make a report of an examination conducted under this |
---|
561 | | - | 18.2section and provide a copy to the medical cannabis manufacturer. The commissioner office |
---|
562 | | - | 18.3shall then post a copy of the report on the department's website. All working papers, recorded |
---|
563 | | - | 18.4information, documents, and copies produced by, obtained by, or disclosed to the |
---|
564 | | - | 18.5commissioner office or any other person in the course of an examination, other than the |
---|
565 | | - | 18.6information contained in any commissioner office official report, made under this section |
---|
566 | | - | 18.7are private data on individuals or nonpublic data, as defined in section 13.02. |
---|
567 | | - | 18.8 Sec. 23. Minnesota Statutes 2024, section 342.01, is amended by adding a subdivision to |
---|
568 | | - | 18.9read: |
---|
569 | | - | 18.10 Subd. 54a.Medical cannabis paraphernalia."Medical cannabis paraphernalia" means |
---|
570 | | - | 18.11a delivery device, related supply, or educational material used by a patient enrolled in the |
---|
571 | | - | 18.12registry program to administer medical cannabis and medical cannabinoid products. |
---|
572 | | - | 18.13Sec. 24. Minnesota Statutes 2024, section 342.01, is amended by adding a subdivision to |
---|
573 | | - | 18.14read: |
---|
574 | | - | 18.15 Subd. 69c.Tribal medical cannabis board."Tribal medical cannabis board" means an |
---|
575 | | - | 18.16agency established by a federally recognized Tribal government and authorized by the |
---|
576 | | - | 18.17Tribe's governing body to provide regulatory oversight and monitor compliance with a |
---|
577 | | - | 18.18Tribal medical cannabis program and applicable regulations. |
---|
578 | | - | 18.19Sec. 25. Minnesota Statutes 2024, section 342.01, is amended by adding a subdivision to |
---|
579 | | - | 18.20read: |
---|
580 | | - | 18.21 Subd. 69d.Tribal medical cannabis program."Tribal medical cannabis program" |
---|
581 | | - | 18.22means a program established by a federally recognized Tribal government within the |
---|
582 | | - | 18.23boundaries of Minnesota that involves the commercial production, processing, sale or |
---|
583 | | - | 18.24distribution, and possession of medical cannabis and medical cannabis products. |
---|
584 | | - | 18.25Sec. 26. Minnesota Statutes 2024, section 342.01, is amended by adding a subdivision to |
---|
585 | | - | 18.26read: |
---|
586 | | - | 18.27 Subd. 69e.Tribal medical cannabis program patient."Tribal medical cannabis program |
---|
587 | | - | 18.28patient" means a person who possesses a valid registration verification card or equivalent |
---|
588 | | - | 18.29document that is issued under the laws or regulations of a Tribal Nation within the boundaries |
---|
589 | | - | 18.30of Minnesota. A valid registration verification card must verify that the card holder is |
---|
590 | | - | 18.31enrolled in or authorized to participate in a Tribal medical cannabis program. |
---|
591 | | - | 18Article 1 Sec. 26. |
---|
592 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 19.1 Sec. 27. Minnesota Statutes 2024, section 342.01, subdivision 71, is amended to read: |
---|
593 | | - | 19.2 Subd. 71.Visiting patient."Visiting patient" means an individual who is not a Minnesota |
---|
594 | | - | 19.3resident and who possesses a valid registration verification card or its equivalent that is |
---|
595 | | - | 19.4issued under the laws or regulations of another state, district, commonwealth, or territory |
---|
596 | | - | 19.5of the United States verifying that the individual is enrolled in or authorized to participate |
---|
597 | | - | 19.6in that jurisdiction's medical cannabis or medical marijuana program or in a Tribal medical |
---|
598 | | - | 19.7cannabis program. |
---|
599 | | - | 19.8 Sec. 28. Minnesota Statutes 2024, section 342.02, subdivision 3, is amended to read: |
---|
600 | | - | 19.9 Subd. 3.Medical cannabis program.(a) The powers and duties of the Department of |
---|
601 | | - | 19.10Health with respect to the medical cannabis program under Minnesota Statutes 2022, sections |
---|
602 | | - | 19.11152.22 to 152.37, are transferred to the Office of Cannabis Management under section |
---|
603 | | - | 19.1215.039. |
---|
604 | | - | 19.13 (b) The following protections shall apply to employees who are transferred from the |
---|
605 | | - | 19.14Department of Health to the Office of Cannabis Management: |
---|
606 | | - | 19.15 (1) the employment status and job classification of a transferred employee shall not be |
---|
607 | | - | 19.16altered as a result of the transfer; |
---|
608 | | - | 19.17 (2) transferred employees who were represented by an exclusive representative prior to |
---|
609 | | - | 19.18the transfer shall continue to be represented by the same exclusive representative after the |
---|
610 | | - | 19.19transfer; |
---|
611 | | - | 19.20 (3) the applicable collective bargaining agreements with exclusive representatives shall |
---|
612 | | - | 19.21continue in full force and effect for such transferred employees after the transfer; |
---|
613 | | - | 19.22 (4) the state must meet and negotiate with the exclusive representatives of the transferred |
---|
614 | | - | 19.23employees about any proposed changes affecting or relating to the transferred employees' |
---|
615 | | - | 19.24terms and conditions of employment to the extent such changes are not addressed in the |
---|
616 | | - | 19.25applicable collective bargaining agreement; and |
---|
617 | | - | 19.26 (5) for an employee in a temporary unclassified position transferred to the Office of |
---|
618 | | - | 19.27Cannabis Management, the total length of time that the employee has served in the |
---|
619 | | - | 19.28appointment shall include all time served in the appointment and the transferring agency |
---|
620 | | - | 19.29and the time served in the appointment at the Office of Cannabis Management. An employee |
---|
621 | | - | 19.30in a temporary unclassified position who was hired by a transferring agency through an |
---|
622 | | - | 19.31open competitive selection process in accordance with a policy enacted by Minnesota |
---|
623 | | - | 19.32Management and Budget shall be considered to have been hired through such process after |
---|
624 | | - | 19.33the transfer. |
---|
625 | | - | 19Article 1 Sec. 28. |
---|
626 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 20.1 (c) This subdivision is effective July 1, 2024. |
---|
627 | | - | 20.2 Sec. 29. Minnesota Statutes 2024, section 342.09, subdivision 2, is amended to read: |
---|
628 | | - | 20.3 Subd. 2.Home cultivation of cannabis for personal adult use.(a) Up to eight cannabis |
---|
629 | | - | 20.4plants, with no more than four being mature, flowering plants may be grown at a single |
---|
630 | | - | 20.5residence, including the curtilage or yard, without a license to cultivate cannabis issued |
---|
631 | | - | 20.6under this chapter provided that cultivation takes place at the primary residence of an |
---|
632 | | - | 20.7individual 21 years of age or older and in an enclosed, locked space that is not open to public |
---|
633 | | - | 20.8view. |
---|
634 | | - | 20.9 (b) Pursuant to section 342.52, subdivision 9, paragraph (d), a registered designated |
---|
635 | | - | 20.10caregiver may cultivate up to eight cannabis plants for not more than one patient household. |
---|
636 | | - | 20.11In addition to eight cannabis plants for one patient household, a registered designated |
---|
637 | | - | 20.12caregiver may cultivate up to eight cannabis plants for the caregiver's personal adult use of |
---|
638 | | - | 20.13cannabis. Of the 16 or fewer total cannabis plants being grown in the registered caregiver's |
---|
639 | | - | 20.14residence, no more than eight may be mature, flowering plants. |
---|
640 | | - | 20.15Sec. 30. Minnesota Statutes 2024, section 342.51, subdivision 2, is amended to read: |
---|
641 | | - | 20.16 Subd. 2.Distribution requirements.(a) Prior to distribution of medical cannabis flower |
---|
642 | | - | 20.17or medical cannabinoid products to a person enrolled in the registry program, an employee |
---|
643 | | - | 20.18with a valid medical cannabis consultant certificate issued by the office or a licensed |
---|
644 | | - | 20.19pharmacist under chapter 151 of a cannabis business must: |
---|
645 | | - | 20.20 (1) review and confirm the patient's enrollment in the registry program; |
---|
646 | | - | 20.21 (2) verify that the person requesting the distribution of medical cannabis flower or |
---|
647 | | - | 20.22medical cannabinoid products is the patient, the patient's registered designated caregiver, |
---|
648 | | - | 20.23or the patient's parent, legal guardian, or spouse using the procedures established by the |
---|
649 | | - | 20.24office; |
---|
650 | | - | 20.25 (3) provide confirm that the patient had a consultation to the patient with (i) an employee |
---|
651 | | - | 20.26with a valid medical cannabis consultant certificate issued by the office; or (ii) an employee |
---|
652 | | - | 20.27who is a licensed pharmacist under chapter 151 to determine the proper medical cannabis |
---|
653 | | - | 20.28flower or medical cannabinoid product, dosage, and paraphernalia for the patient if required |
---|
654 | | - | 20.29under subdivision 3; |
---|
655 | | - | 20.30 (4) apply a patient-specific label on the medical cannabis flower or medical cannabinoid |
---|
656 | | - | 20.31product that includes recommended dosage requirements and other information as required |
---|
657 | | - | 20.32by the office; and |
---|
658 | | - | 20Article 1 Sec. 30. |
---|
659 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 21.1 (5) provide the patient with any other information required by the office. |
---|
660 | | - | 21.2 (b) A cannabis business with a medical cannabis retail endorsement may not deliver |
---|
661 | | - | 21.3medical cannabis flower or medical cannabinoid products to a person enrolled in the registry |
---|
662 | | - | 21.4program unless the cannabis business with a medical cannabis retail endorsement also holds |
---|
663 | | - | 21.5a cannabis delivery service license. The delivery of medical cannabis flower and medical |
---|
664 | | - | 21.6cannabinoid products are subject to the provisions of section 342.42. |
---|
665 | | - | 21.7 Sec. 31. Minnesota Statutes 2024, section 342.51, is amended by adding a subdivision to |
---|
666 | | - | 21.8read: |
---|
667 | | - | 21.9 Subd. 2a.Distribution to visiting patients.(a) A cannabis business with a medical |
---|
668 | | - | 21.10cannabis retail endorsement may distribute medical cannabis flower or medical cannabinoid |
---|
669 | | - | 21.11products to a visiting patient. |
---|
670 | | - | 21.12 (b) Before receiving a distribution of medical cannabis, a visiting patient must provide |
---|
671 | | - | 21.13to an employee of the cannabis business: |
---|
672 | | - | 21.14 (1) a valid medical cannabis registration verification card or equivalent document issued |
---|
673 | | - | 21.15under the laws and regulations of another state, district, commonwealth, Tribal Nation, or |
---|
674 | | - | 21.16territory that indicates that the visiting patient is authorized to use medical cannabis in the |
---|
675 | | - | 21.17issuing jurisdiction; and |
---|
676 | | - | 21.18 (2) a valid photographic identification card issued by the visiting patient's medical |
---|
677 | | - | 21.19cannabis program, a valid driver's license, or a valid state identification card. |
---|
678 | | - | 21.20 (c) Prior to the distribution of medical cannabis flower or medical cannabinoid products |
---|
679 | | - | 21.21to a visiting patient, an employee of a cannabis business must: |
---|
680 | | - | 21.22 (1) ensure that a patient-specific label has been applied to all medical cannabis flower |
---|
681 | | - | 21.23and medical cannabinoid products. The label must include the recommended dosage |
---|
682 | | - | 21.24requirements and other information required by the office; and |
---|
683 | | - | 21.25 (2) provide the patient with any other information required by the office. |
---|
684 | | - | 21.26 (d) For each transaction that involves a visiting patient, a cannabis business with a |
---|
685 | | - | 21.27medical cannabis retail endorsement must report to the office on a weekly basis: |
---|
686 | | - | 21.28 (1) the name of the visiting patient; |
---|
687 | | - | 21.29 (2) the name of the medical cannabis program in which the visiting patient is enrolled; |
---|
688 | | - | 21.30 (3) the amount and dosages of medical cannabis distributed; |
---|
689 | | - | 21.31 (4) the chemical composition of the medical cannabis distributed; and |
---|
690 | | - | 21Article 1 Sec. 31. |
---|
691 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 22.1 (5) the tracking number assigned to the medical cannabis that was distributed to the |
---|
692 | | - | 22.2visiting patient. |
---|
693 | | - | 22.3 (e) A cannabis business with a medical cannabis retail endorsement may distribute |
---|
694 | | - | 22.4medical cannabis flower and medical cannabinoid products to a visiting patient in a motor |
---|
695 | | - | 22.5vehicle if: |
---|
696 | | - | 22.6 (1) an employee of the cannabis business receives payment and distributes medical |
---|
697 | | - | 22.7cannabis flower and medical cannabinoid products in a designated zone that is as close as |
---|
698 | | - | 22.8feasible to the front door of the facility where the cannabis business is located; |
---|
699 | | - | 22.9 (2) the cannabis business with a medical cannabis retail endorsement ensures that the |
---|
700 | | - | 22.10receipt of payment and distribution of medical cannabis flower and medical cannabinoid |
---|
701 | | - | 22.11products are visually recorded by a closed-circuit television surveillance camera and provides |
---|
702 | | - | 22.12any other necessary security safeguards required by the office; |
---|
703 | | - | 22.13 (3) the cannabis business with a medical cannabis retail endorsement does not store |
---|
704 | | - | 22.14medical cannabis flower or medical cannabinoid products outside a restricted access area; |
---|
705 | | - | 22.15 (4) an employee of the cannabis business transports medical cannabis flower and medical |
---|
706 | | - | 22.16cannabinoid products from a restricted access area to the designated zone for distribution |
---|
707 | | - | 22.17to patients only after confirming that the visiting patient has arrived in the designated zone; |
---|
708 | | - | 22.18 (5) the payment for and distribution of medical cannabis flower and medical cannabinoid |
---|
709 | | - | 22.19products to a patient only occurs after meeting the requirements in paragraph (b); |
---|
710 | | - | 22.20 (6) immediately following the distribution of medical cannabis flower or medical |
---|
711 | | - | 22.21cannabinoid products to a patient, an employee of the cannabis business records the |
---|
712 | | - | 22.22transaction in the statewide monitoring system; and |
---|
713 | | - | 22.23 (7) immediately following the distribution of medical cannabis flower and medical |
---|
714 | | - | 22.24cannabinoid products, an employee of the cannabis business transports all payments received |
---|
715 | | - | 22.25into the facility where the cannabis business is located. |
---|
716 | | - | 22.26Sec. 32. Minnesota Statutes 2024, section 342.515, subdivision 1, is amended to read: |
---|
717 | | - | 22.27 Subdivision 1.Authorized actions.(a) A person, cooperative, or business holding a |
---|
718 | | - | 22.28medical cannabis combination business license is prohibited from owning or operating any |
---|
719 | | - | 22.29other cannabis business or hemp business or holding an active registration agreement under |
---|
720 | | - | 22.30section 152.25, subdivision 1. |
---|
721 | | - | 22.31 (b) A person or business may hold only one medical cannabis combination business |
---|
722 | | - | 22.32license. |
---|
723 | | - | 22Article 1 Sec. 32. |
---|
724 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 23.1 (c) A medical cannabis combination business license entitles the license holder to perform |
---|
725 | | - | 23.2any or all of the following within the limits established by this section: |
---|
726 | | - | 23.3 (1) grow cannabis plants from seed or immature plant to mature plant and harvest |
---|
727 | | - | 23.4adult-use cannabis flower and medical cannabis flower from a mature plant; |
---|
728 | | - | 23.5 (2) make cannabis concentrate; |
---|
729 | | - | 23.6 (3) make hemp concentrate, including hemp concentrate with a delta-9 |
---|
730 | | - | 23.7tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; |
---|
731 | | - | 23.8 (4) manufacture artificially derived cannabinoids; |
---|
732 | | - | 23.9 (5) manufacture medical cannabinoid products; |
---|
733 | | - | 23.10 (6) manufacture adult-use cannabis products, lower-potency hemp edibles, and |
---|
734 | | - | 23.11hemp-derived consumer products for public consumption; |
---|
735 | | - | 23.12 (7) purchase immature cannabis plants and seedlings and cannabis flower from a cannabis |
---|
736 | | - | 23.13microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, a cannabis wholesaler, |
---|
737 | | - | 23.14or another medical cannabis combination business; |
---|
738 | | - | 23.15 (8) purchase hemp plant parts and propagules from an industrial hemp grower licensed |
---|
739 | | - | 23.16under chapter 18K; |
---|
740 | | - | 23.17 (9) purchase cannabis concentrate, hemp concentrate, and artificially derived cannabinoids |
---|
741 | | - | 23.18from a cannabis microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, a |
---|
742 | | - | 23.19cannabis wholesaler, or another medical cannabis combination business; |
---|
743 | | - | 23.20 (10) purchase hemp concentrate from an industrial hemp processor licensed under chapter |
---|
744 | | - | 23.2118K; |
---|
745 | | - | 23.22 (11) package and label medical cannabis flower and medical cannabinoid products for |
---|
746 | | - | 23.23sale to cannabis businesses with a medical cannabis processor endorsement, cannabis |
---|
747 | | - | 23.24businesses with a medical cannabis retail endorsement, other medical cannabis combination |
---|
748 | | - | 23.25businesses, and persons in the registry program; |
---|
749 | | - | 23.26 (12) package and label adult-use cannabis flower, adult-use cannabis products, |
---|
750 | | - | 23.27lower-potency hemp edibles, and hemp-derived consumer products for sale to customers; |
---|
751 | | - | 23.28 (13) sell medical cannabis flower and medical cannabinoid products to other cannabis |
---|
752 | | - | 23.29businesses with a medical endorsement, other medical cannabis combination businesses, |
---|
753 | | - | 23.30and patients enrolled in the registry program, registered designated caregivers, and parents, |
---|
754 | | - | 23.31legal guardians, and spouses of an enrolled patient; |
---|
755 | | - | 23Article 1 Sec. 32. |
---|
756 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 24.1 (14) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use |
---|
757 | | - | 24.2cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and |
---|
758 | | - | 24.3other products authorized by law to other cannabis businesses and to customers; and |
---|
759 | | - | 24.4 (15) perform other actions approved by the office. |
---|
760 | | - | 24.5 (d) A medical cannabis combination business is not required to obtain a medical cannabis |
---|
761 | | - | 24.6endorsement to perform any actions authorized under this section. |
---|
762 | | - | 24.7 Sec. 33. Minnesota Statutes 2024, section 342.515, subdivision 5, is amended to read: |
---|
763 | | - | 24.8 Subd. 5.Failure to participate; suspension or revocation of license.(a) A medical |
---|
764 | | - | 24.9cannabis combination business must provide a reliable, ongoing supply of medical |
---|
765 | | - | 24.10cannabinoid products to the registry program. Providing a reliable, ongoing supply includes |
---|
766 | | - | 24.11but is not limited to: |
---|
767 | | - | 24.12 (1) making the three most commonly purchased medical cannabinoid products available |
---|
768 | | - | 24.13for wholesale; and |
---|
769 | | - | 24.14 (2) if there is a shortage of medical cannabis flower or medical cannabinoid products, |
---|
770 | | - | 24.15maintaining a stock of the three most commonly purchased medical cannabinoid products |
---|
771 | | - | 24.16at the retail location of the medical cannabis combination business. |
---|
772 | | - | 24.17 (b) The requirements under paragraph (a), clauses (1) and (2), do not apply to medical |
---|
773 | | - | 24.18cannabis flower. |
---|
774 | | - | 24.19 (c) A medical cannabis combination business must prioritize serving medical patients |
---|
775 | | - | 24.20and caregivers before serving adult-use consumers. |
---|
776 | | - | 24.21 (d) The office may suspend or revoke A medical cannabis combination business license |
---|
777 | | - | 24.22if the office determines that the business is no longer actively participating in the medical |
---|
778 | | - | 24.23cannabis market. The office may, by rule, establish minimum requirements related to |
---|
779 | | - | 24.24cannabis cultivation, manufacturing of medical cannabinoid products, retail sales of medical |
---|
780 | | - | 24.25cannabis flower and medical cannabinoid products, and other relevant criteria to demonstrate |
---|
781 | | - | 24.26active participation in the medical cannabis market. |
---|
782 | | - | 24.27Sec. 34. Minnesota Statutes 2024, section 342.52, is amended by adding a subdivision to |
---|
783 | | - | 24.28read: |
---|
784 | | - | 24.29 Subd. 7a.Allowable delivery methods.A patient in the registry program may receive |
---|
785 | | - | 24.30medical cannabis flower and medical cannabinoid products. The office may approve |
---|
786 | | - | 24Article 1 Sec. 34. |
---|
787 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 25.1additional delivery methods to expand the types of products that qualify as medical |
---|
788 | | - | 25.2cannabinoid products. |
---|
789 | | - | 25.3 Sec. 35. Minnesota Statutes 2024, section 342.52, subdivision 9, is amended to read: |
---|
790 | | - | 25.4 Subd. 9.Registered designated caregiver.(a) The office must register a designated |
---|
791 | | - | 25.5caregiver for a patient if the patient requires assistance in administering medical cannabis |
---|
792 | | - | 25.6flower or medical cannabinoid products; obtaining medical cannabis flower, medical |
---|
793 | | - | 25.7cannabinoid products, or medical cannabis paraphernalia from a cannabis business with a |
---|
794 | | - | 25.8medical cannabis retail endorsement; or cultivating cannabis plants as permitted by section |
---|
795 | | - | 25.9342.09, subdivision 2. |
---|
796 | | - | 25.10 (b) In order to serve as a designated caregiver, a person must: |
---|
797 | | - | 25.11 (1) be at least 18 years of age; |
---|
798 | | - | 25.12 (2) agree to only possess the patient's medical cannabis flower and medical cannabinoid |
---|
799 | | - | 25.13products for purposes of assisting the patient; and |
---|
800 | | - | 25.14 (3) agree that if the application is approved, the person will not serve as a registered |
---|
801 | | - | 25.15designated caregiver for more than six registered patients at one time. Patients who reside |
---|
802 | | - | 25.16in the same residence count as one patient. |
---|
803 | | - | 25.17 (c) Nothing in this section shall be construed to prevent a registered designated caregiver |
---|
804 | | - | 25.18from being enrolled in the registry program as a patient and possessing and administering |
---|
805 | | - | 25.19medical cannabis flower or medical cannabinoid products as a patient. |
---|
806 | | - | 25.20 (d) Notwithstanding any law to the contrary, a registered designated caregiver approved |
---|
807 | | - | 25.21to assist a patient enrolled in the registry program with obtaining medical cannabis flower |
---|
808 | | - | 25.22may cultivate cannabis plants on behalf of one patient. A registered designated caregiver |
---|
809 | | - | 25.23may grow up to eight cannabis plants for the patient household that the registered designated |
---|
810 | | - | 25.24caregiver is approved to assist with obtaining medical cannabis flower. If a patient enrolled |
---|
811 | | - | 25.25in the registry program directs the patient's registered designated caregiver to cultivate |
---|
812 | | - | 25.26cannabis plants on behalf of the patient, the patient must assign the patient's right to cultivate |
---|
813 | | - | 25.27cannabis plants to the registered designated caregiver and the notify the office. A patient |
---|
814 | | - | 25.28who assigns the patient's right to cultivate cannabis plants to a registered caregiver is |
---|
815 | | - | 25.29prohibited from cultivating cannabis plants for personal use. Nothing in this paragraph limits |
---|
816 | | - | 25.30the right of a registered designated caregiver cultivating cannabis plants on behalf of a |
---|
817 | | - | 25.31patient enrolled in the registry program to also cultivate cannabis plants for personal use |
---|
818 | | - | 25.32pursuant to section 342.09, subdivision 2. |
---|
819 | | - | 25Article 1 Sec. 35. |
---|
820 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 26.1 Sec. 36. Minnesota Statutes 2024, section 342.57, is amended to read: |
---|
821 | | - | 26.2 342.57 PROTECTIONS FOR REGISTRY PROGRAM PARTICIPANTS. |
---|
822 | | - | 26.3 Subdivision 1.Presumption.(a) There is a presumption that a patient or other person |
---|
823 | | - | 26.4an individual enrolled in the registry program or a Tribal medical cannabis program patient |
---|
824 | | - | 26.5is engaged in the authorized use or possession of medical cannabis flower and medical |
---|
825 | | - | 26.6cannabinoid products. |
---|
826 | | - | 26.7 (b) This presumption may be rebutted by evidence that: |
---|
827 | | - | 26.8 (1) the use or possession of medical cannabis flower or medical cannabinoid products |
---|
828 | | - | 26.9by a patient or other person enrolled in the registry program was not for the purpose of |
---|
829 | | - | 26.10assisting with, treating, or alleviating the patient's qualifying medical condition or symptoms |
---|
830 | | - | 26.11associated with the patient's qualifying medical condition.; or |
---|
831 | | - | 26.12 (2) a Tribal medical cannabis program patient's use of medical cannabis was not for a |
---|
832 | | - | 26.13purpose authorized by the Tribal medical cannabis program. |
---|
833 | | - | 26.14 Subd. 2.Criminal and civil protections.(a) Subject to section 342.56, the following |
---|
834 | | - | 26.15are not violations of this chapter or chapter 152: |
---|
835 | | - | 26.16 (1) use or possession of medical cannabis flower, medical cannabinoid products, or |
---|
836 | | - | 26.17medical cannabis paraphernalia by a patient enrolled in the registry program or by, a visiting |
---|
837 | | - | 26.18patient, or a Tribal medical cannabis program patient to whom medical cannabis flower or |
---|
838 | | - | 26.19medical cannabinoid products are distributed under section 342.51, subdivision 5; |
---|
839 | | - | 26.20 (2) possession of medical cannabis flower, medical cannabinoid products, or medical |
---|
840 | | - | 26.21cannabis paraphernalia by a registered designated caregiver or a parent, legal guardian, or |
---|
841 | | - | 26.22spouse of a patient enrolled in the registry program; or |
---|
842 | | - | 26.23 (3) possession of medical cannabis flower, medical cannabinoid products, or medical |
---|
843 | | - | 26.24cannabis paraphernalia by any person while carrying out duties required under sections |
---|
844 | | - | 26.25342.51 to 342.60. |
---|
845 | | - | 26.26 (b) The Office of Cannabis Management, members of the Cannabis Advisory Council, |
---|
846 | | - | 26.27Office of Cannabis Management employees, agents or contractors of the Office of Cannabis |
---|
847 | | - | 26.28Management, members of a Tribal medical cannabis board, a Tribal medical cannabis board's |
---|
848 | | - | 26.29staff, a Tribal medical cannabis board's agents or contractors, and health care practitioners |
---|
849 | | - | 26.30participating in the registry program are not subject to any civil penalties or disciplinary |
---|
850 | | - | 26.31action by the Board of Medical Practice, the Board of Nursing, or any business, occupational, |
---|
851 | | - | 26.32or professional licensing board or entity solely for participating in the registry program or |
---|
852 | | - | 26.33a Tribal medical cannabis program either in a professional capacity or as a patient. A |
---|
853 | | - | 26Article 1 Sec. 36. |
---|
854 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 27.1pharmacist licensed under chapter 151 is not subject to any civil penalties or disciplinary |
---|
855 | | - | 27.2action by the Board of Pharmacy when acting in accordance with sections 342.51 to 342.60 |
---|
856 | | - | 27.3either in a professional capacity or as a patient. Nothing in this section prohibits a professional |
---|
857 | | - | 27.4licensing board from taking action in response to a violation of law. |
---|
858 | | - | 27.5 (c) Notwithstanding any law to the contrary, a Cannabis Advisory Council member, the |
---|
859 | | - | 27.6governor, or an employee of a state agency must not be held civilly or criminally liable for |
---|
860 | | - | 27.7any injury, loss of property, personal injury, or death caused by any act or omission while |
---|
861 | | - | 27.8acting within the scope of office or employment under sections 342.51 to 342.60. |
---|
862 | | - | 27.9 (d) Federal, state, and local law enforcement authorities are prohibited from accessing |
---|
863 | | - | 27.10the registry except when acting pursuant to a valid search warrant. Notwithstanding section |
---|
864 | | - | 27.1113.09, a violation of this paragraph is a gross misdemeanor. |
---|
865 | | - | 27.12 (e) Notwithstanding any law to the contrary, the office and employees of the office must |
---|
866 | | - | 27.13not release data or information about an individual contained in any report or document or |
---|
867 | | - | 27.14in the registry and must not release data or information obtained about a patient enrolled in |
---|
868 | | - | 27.15the registry program, except as provided in sections 342.51 to 342.60. Notwithstanding |
---|
869 | | - | 27.16section 13.09, a violation of this paragraph is a gross misdemeanor. |
---|
870 | | - | 27.17 (f) No information contained in a report or document, contained in the registry, or |
---|
871 | | - | 27.18obtained from a patient under sections 342.51 to 342.60 or from a Tribal medical cannabis |
---|
872 | | - | 27.19program patient may be admitted as evidence in a criminal proceeding, unless: |
---|
873 | | - | 27.20 (1) the information is independently obtained; or |
---|
874 | | - | 27.21 (2) admission of the information is sought in a criminal proceeding involving a criminal |
---|
875 | | - | 27.22violation of sections 342.51 to 342.60. |
---|
876 | | - | 27.23 (g) Possession of a registry verification or an application for enrollment in the registry |
---|
877 | | - | 27.24program and possession of a verification or its equivalent issued by a Tribal medical cannabis |
---|
878 | | - | 27.25program or application for enrollment in a Tribal medical cannabis program by a person |
---|
879 | | - | 27.26entitled to possess the verification or application: |
---|
880 | | - | 27.27 (1) does not constitute probable cause or reasonable suspicion; |
---|
881 | | - | 27.28 (2) must not be used to support a search of the person or property of the person with a |
---|
882 | | - | 27.29registry verification or application to enroll in the registry program; and |
---|
883 | | - | 27.30 (3) must not subject the person or the property of the person to inspection by any |
---|
884 | | - | 27.31government agency. |
---|
885 | | - | 27Article 1 Sec. 36. |
---|
886 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 28.1 (h) A patient enrolled in the registry program or a Tribal medical cannabis program must |
---|
887 | | - | 28.2not be subject to any penalty or disciplinary action by an occupational or a professional |
---|
888 | | - | 28.3licensing board solely because: |
---|
889 | | - | 28.4 (1) the patient is enrolled in the registry program; or |
---|
890 | | - | 28.5 (2) the patient has a positive test for cannabis components or metabolites. |
---|
891 | | - | 28.6 Subd. 3.School enrollment; rental property.(a) No school may refuse to enroll or |
---|
892 | | - | 28.7otherwise penalize a patient or person enrolled in the registry program as a pupil solely |
---|
893 | | - | 28.8because the patient or person is enrolled in the registry program or a Tribal medical cannabis |
---|
894 | | - | 28.9program, unless failing to do so would violate federal law or regulations or cause the school |
---|
895 | | - | 28.10to lose a monetary or licensing-related benefit under federal law or regulations. |
---|
896 | | - | 28.11 (b) No landlord may refuse to lease to a patient or person enrolled in the registry program |
---|
897 | | - | 28.12or otherwise penalize a patient or person enrolled in the registry program solely because |
---|
898 | | - | 28.13the patient or person is enrolled in the registry program or a Tribal medical cannabis program, |
---|
899 | | - | 28.14unless failing to do so would violate federal law or regulations or cause the landlord to lose |
---|
900 | | - | 28.15a monetary or licensing-related benefit under federal law or regulations. |
---|
901 | | - | 28.16 (c) A school must not refuse to enroll a patient as a pupil solely because cannabis is a |
---|
902 | | - | 28.17controlled substance according to the Uniform Controlled Substances Act, United States |
---|
903 | | - | 28.18Code, title 21, section 812. |
---|
904 | | - | 28.19 (d) A school must not penalize a pupil who is a patient solely because cannabis is a |
---|
905 | | - | 28.20controlled substance according to the Uniform Controlled Substances Act, United States |
---|
906 | | - | 28.21Code, title 21, section 812. |
---|
907 | | - | 28.22 (e) A landlord must not refuse to lease a property to a patient solely because cannabis |
---|
908 | | - | 28.23is a controlled substance according to the Uniform Controlled Substances Act, United States |
---|
909 | | - | 28.24Code, title 21, section 812. |
---|
910 | | - | 28.25 (f) A landlord must not otherwise penalize a patient solely because cannabis is a controlled |
---|
911 | | - | 28.26substance according to the Uniform Controlled Substances Act, United States Code, title |
---|
912 | | - | 28.2721, section 812. |
---|
913 | | - | 28.28 Subd. 4.Medical care.For purposes of medical care, including organ transplants, a |
---|
914 | | - | 28.29patient's use of medical cannabis flower or medical cannabinoid products according to |
---|
915 | | - | 28.30sections 342.51 to 342.60, or a Tribal medical cannabis program patient's use of medical |
---|
916 | | - | 28.31cannabis as authorized by the Tribal medical cannabis program, is considered the equivalent |
---|
917 | | - | 28.32of the authorized use of a medication used at the discretion of a health care practitioner and |
---|
918 | | - | 28.33does not disqualify a patient from needed medical care. |
---|
919 | | - | 28Article 1 Sec. 36. |
---|
920 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 29.1 Subd. 5.Employment.(a) Unless a failure to do so would violate federal or state law |
---|
921 | | - | 29.2or regulations or cause an employer to lose a monetary or licensing-related benefit under |
---|
922 | | - | 29.3federal law or regulations, an employer may not discriminate against a person in hiring, |
---|
923 | | - | 29.4termination, or any term or condition of employment, or otherwise penalize a person, if the |
---|
924 | | - | 29.5discrimination is based on: |
---|
925 | | - | 29.6 (1) the person's status as a patient or person an individual enrolled in the registry program; |
---|
926 | | - | 29.7or |
---|
927 | | - | 29.8 (2) the person's status as a Tribal medical cannabis program patient; or |
---|
928 | | - | 29.9 (2) (3) a patient's positive drug test for cannabis components or metabolites, unless the |
---|
929 | | - | 29.10patient used, possessed, sold, transported, or was impaired by medical cannabis flower or |
---|
930 | | - | 29.11a medical cannabinoid product on work premises, during working hours, or while operating |
---|
931 | | - | 29.12an employer's machinery, vehicle, or equipment. |
---|
932 | | - | 29.13 (b) An employee who is a patient in the registry program or a Tribal medical cannabis |
---|
933 | | - | 29.14program and whose employer requires the employee to undergo drug testing according to |
---|
934 | | - | 29.15section 181.953 may present the employee's registry verification or verification of enrollment |
---|
935 | | - | 29.16in a Tribal medical cannabis program as part of the employee's explanation under section |
---|
936 | | - | 29.17181.953, subdivision 6. |
---|
937 | | - | 29.18 Subd. 5a.Notice.An employer, a school, or a landlord must provide written notice to |
---|
938 | | - | 29.19a patient at least 14 days before the employer, school, or landlord takes an action against |
---|
939 | | - | 29.20the patient that is prohibited under subdivision 3 or 5. The written notice must cite the |
---|
940 | | - | 29.21specific federal law or regulation that the employer, school, or landlord believes would be |
---|
941 | | - | 29.22violated if the employer, school, or landlord fails to take action. The notice must specify |
---|
942 | | - | 29.23what monetary or licensing-related benefit under federal law or regulations that the employer, |
---|
943 | | - | 29.24school, or landlord would lose if the employer, school, or landlord fails to take action. |
---|
944 | | - | 29.25 Subd. 6.Custody; visitation; parenting time.A person must not be denied custody of |
---|
945 | | - | 29.26a minor child or visitation rights or parenting time with a minor child based solely on the |
---|
946 | | - | 29.27person's status as a patient or person an individual enrolled in the registry program or on |
---|
947 | | - | 29.28the person's status as a Tribal medical cannabis program patient. There must be no |
---|
948 | | - | 29.29presumption of neglect or child endangerment for conduct allowed under sections 342.51 |
---|
949 | | - | 29.30to 342.60 or under a Tribal medical cannabis program, unless the person's behavior creates |
---|
950 | | - | 29.31an unreasonable danger to the safety of the minor as established by clear and convincing |
---|
951 | | - | 29.32evidence. |
---|
952 | | - | 29Article 1 Sec. 36. |
---|
953 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 30.1 Subd. 6a.Retaliation prohibited.A school, a landlord, a health care facility, or an |
---|
954 | | - | 30.2employer must not retaliate against a patient for asserting the patient's rights or seeking |
---|
955 | | - | 30.3remedies under this section or section 152.32. |
---|
956 | | - | 30.4 Subd. 7.Action for damages; injunctive relief.In addition to any other remedy provided |
---|
957 | | - | 30.5by law, a patient or person an individual enrolled in the registry program or a Tribal medical |
---|
958 | | - | 30.6cannabis program may bring an action for damages against any person who violates |
---|
959 | | - | 30.7subdivision 3, 4, or 5. A person who violates subdivision 3, 4, or 5 is liable to a patient or |
---|
960 | | - | 30.8person an individual enrolled in the registry program or a Tribal medical cannabis program |
---|
961 | | - | 30.9injured by the violation for the greater of the person's actual damages or a civil penalty of |
---|
962 | | - | 30.10$100 $1,000 and reasonable attorney fees. A patient may bring an action for injunctive relief |
---|
963 | | - | 30.11to prevent or end a violation of subdivisions 3 to 6a. |
---|
964 | | - | 30.12 Subd. 8.Sanctions restricted for those on parole, supervised release, or conditional |
---|
965 | | - | 30.13release.(a) This subdivision applies to an individual placed on parole, supervised release, |
---|
966 | | - | 30.14or conditional release. |
---|
967 | | - | 30.15 (b) The commissioner of corrections may not: |
---|
968 | | - | 30.16 (1) prohibit an individual from participating in the registry program or a Tribal medical |
---|
969 | | - | 30.17cannabis program as a condition of release; or |
---|
970 | | - | 30.18 (2) revoke an individual's parole, supervised release, or conditional release or otherwise |
---|
971 | | - | 30.19sanction an individual solely: |
---|
972 | | - | 30.20 (i) for participating in the registry program or a Tribal medical cannabis program; or |
---|
973 | | - | 30.21 (ii) for a positive drug test for cannabis components or metabolites. |
---|
974 | | - | 30.22Sec. 37. Minnesota Statutes 2024, section 342.59, subdivision 2, is amended to read: |
---|
975 | | - | 30.23 Subd. 2.Allowable use; prohibited use.Data specified in subdivision 1 may be used |
---|
976 | | - | 30.24to comply with chapter 13, to comply with a request from the legislative auditor or the state |
---|
977 | | - | 30.25auditor in the performance of official duties, and for purposes specified in sections 342.47 |
---|
978 | | - | 30.26342.51 to 342.60. Data specified in subdivision 1 and maintained by the Office of Cannabis |
---|
979 | | - | 30.27Management or Division of Medical Cannabis must not be used for any purpose not specified |
---|
980 | | - | 30.28in sections 342.47 342.51 to 342.60 and must not be combined or linked in any manner |
---|
981 | | - | 30.29with any other list, dataset, or database. Data specified in subdivision 1 must not be shared |
---|
982 | | - | 30.30with any federal agency, federal department, or federal entity unless specifically ordered |
---|
983 | | - | 30.31to do so by a state or federal court. |
---|
984 | | - | 30Article 1 Sec. 37. |
---|
985 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 31.1 Sec. 38. REPEALER. |
---|
986 | | - | 31.2 Minnesota Statutes 2024, sections 152.22, subdivision 2; and 342.151, subdivision 1, |
---|
987 | | - | 31.3are repealed. |
---|
988 | | - | 31.4 ARTICLE 2 |
---|
989 | | - | 31.5 CANNABIS BUSINESS LICENSING AND OPERATIONS |
---|
990 | | - | 31.6 Section 1. Minnesota Statutes 2024, section 342.12, is amended to read: |
---|
991 | | - | 31.7 342.12 LICENSES; TRANSFERS; ADJUSTMENTS. |
---|
992 | | - | 31.8 (a) Licenses issued under this chapter that are available to all applicants pursuant to |
---|
993 | | - | 31.9section 342.14, subdivision 1b, paragraph (c), may be freely transferred subject to the prior |
---|
994 | | - | 31.10written approval of the office unless the license holder has not received a final site inspection |
---|
995 | | - | 31.11or the license holder is a social equity applicant. |
---|
996 | | - | 31.12 (b) Licenses issued as social equity licenses pursuant to either section 342.14, subdivision |
---|
997 | | - | 31.131b, paragraph (b), or section 342.175, paragraph (b), may only be transferred to another |
---|
998 | | - | 31.14social equity applicant for three years after the date on which the office issues the license. |
---|
999 | | - | 31.15Three years after the date of issuance, a license holder may transfer a license to any entity. |
---|
1000 | | - | 31.16Transfer of a license that was issued as a social equity license must be reviewed by the |
---|
1001 | | - | 31.17Division of Social Equity and is subject to the prior written approval of the office. |
---|
1002 | | - | 31.18 (c) Preliminary license preapproval approval issued pursuant to section 342.125 342.14, |
---|
1003 | | - | 31.19subdivision 5, may not be transferred. |
---|
1004 | | - | 31.20 (d) A new license must be obtained when: |
---|
1005 | | - | 31.21 (1) the form of the licensee's legal business structure converts or changes to a different |
---|
1006 | | - | 31.22type of legal business structure; or |
---|
1007 | | - | 31.23 (2) the licensee dissolves; consolidates; reorganizes; undergoes bankruptcy, insolvency, |
---|
1008 | | - | 31.24or receivership proceedings; merges with another legal organization; or assigns all or |
---|
1009 | | - | 31.25substantially all of its assets for the benefit of creditors. |
---|
1010 | | - | 31.26 (e) Licenses must be renewed annually. |
---|
1011 | | - | 31.27 (f) License holders may petition the office to adjust the tier of a license issued within a |
---|
1012 | | - | 31.28license category if the license holder meets all applicable requirements. |
---|
1013 | | - | 31.29 (g) The office by rule may permit the relocation of a licensed cannabis business; permit |
---|
1014 | | - | 31.30the relocation of an approved operational location, including a cultivation, manufacturing, |
---|
1015 | | - | 31.31processing, or retail location; adopt requirements for the submission of a license relocation |
---|
1016 | | - | 31Article 2 Section 1. |
---|
1017 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 32.1application; establish standards for the approval of a relocation application; and charge a |
---|
1018 | | - | 32.2fee not to exceed $250 for reviewing and processing applications. Relocation of a licensed |
---|
1019 | | - | 32.3premises pursuant to this paragraph does not extend or otherwise modify the license term |
---|
1020 | | - | 32.4of the license subject to relocation. |
---|
1021 | | - | 32.5 Sec. 2. Minnesota Statutes 2024, section 342.14, subdivision 1, is amended to read: |
---|
1022 | | - | 32.6 Subdivision 1.Application; contents.(a) The office shall establish procedures for the |
---|
1023 | | - | 32.7processing of cannabis licenses issued under this chapter. At a minimum, any application |
---|
1024 | | - | 32.8to obtain or renew a cannabis license shall include the following information, if applicable: |
---|
1025 | | - | 32.9 (1) the name, address, and date of birth of the applicant; |
---|
1026 | | - | 32.10 (2) the disclosure of ownership and control required under paragraph (b); |
---|
1027 | | - | 32.11 (3) the disclosure of whether the applicant or, if the applicant is a business, any officer, |
---|
1028 | | - | 32.12director, manager, and general partner of the business has ever filed for bankruptcy; |
---|
1029 | | - | 32.13 (4) the address and legal property description of the business, if applicable, except an |
---|
1030 | | - | 32.14applicant is not required to secure a physical premises for the business at the time of |
---|
1031 | | - | 32.15application; |
---|
1032 | | - | 32.16 (5) a general description of the location or locations that the applicant plans to operate, |
---|
1033 | | - | 32.17including the planned square feet of space for cultivation, wholesaling, and retailing, as |
---|
1034 | | - | 32.18applicable; |
---|
1035 | | - | 32.19 (6) a copy of the security plan, including security monitoring, security equipment, and |
---|
1036 | | - | 32.20facility maps if applicable, except an applicant is not required to secure a physical premises |
---|
1037 | | - | 32.21for the business at the time of application; |
---|
1038 | | - | 32.22 (7) proof of trade name registration; |
---|
1039 | | - | 32.23 (8) a copy of the applicant's business plan showing the expected size of the business; |
---|
1040 | | - | 32.24anticipated growth; the methods of record keeping; the knowledge and experience of the |
---|
1041 | | - | 32.25applicant and any officer, director, manager, and general partner of the business; the |
---|
1042 | | - | 32.26environmental plan; and other relevant financial and operational components; |
---|
1043 | | - | 32.27 (9) standard operating procedures for: |
---|
1044 | | - | 32.28 (i) quality assurance; |
---|
1045 | | - | 32.29 (ii) inventory control, storage, and diversion prevention; and |
---|
1046 | | - | 32.30 (iii) accounting and tax compliance; |
---|
1047 | | - | 32Article 2 Sec. 2. |
---|
1048 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 33.1 (10) an attestation signed by a bona fide labor organization stating that the applicant has |
---|
1049 | | - | 33.2entered into a labor peace agreement; |
---|
1050 | | - | 33.3 (11) a description of any training and education that the applicant will provide to |
---|
1051 | | - | 33.4employees of the business; |
---|
1052 | | - | 33.5 (12) a disclosure of any violation of a license agreement or a federal, state, or local law |
---|
1053 | | - | 33.6or regulation committed by the applicant or any true party of interest in the applicant's |
---|
1054 | | - | 33.7business that is relevant to business and working conditions; |
---|
1055 | | - | 33.8 (13) certification that the applicant will comply with the requirements of this chapter; |
---|
1056 | | - | 33.9 (14) identification of one or more controlling persons or managerial employees as agents |
---|
1057 | | - | 33.10who shall be responsible for dealing with the office on all matters; |
---|
1058 | | - | 33.11 (15) a statement that the applicant agrees to respond to the office's supplemental requests |
---|
1059 | | - | 33.12for information; and |
---|
1060 | | - | 33.13 (16) a release of information for the applicant and every true party of interest in the |
---|
1061 | | - | 33.14applicant's business license for the office to perform the background checks required under |
---|
1062 | | - | 33.15section 342.15.; |
---|
1063 | | - | 33.16 (17) proof that the applicant is a social equity applicant; and |
---|
1064 | | - | 33.17 (18) an attestation that the applicant's business policies governing business operations |
---|
1065 | | - | 33.18comply with this chapter. |
---|
1066 | | - | 33.19 (b) An applicant must file and update as necessary a disclosure of ownership and control |
---|
1067 | | - | 33.20identifying any true party of interest as defined in section 342.185, subdivision 1, paragraph |
---|
1068 | | - | 33.21(g). The office shall establish the contents of the disclosure. Except as provided in paragraph |
---|
1069 | | - | 33.22(f) (d), the disclosure shall, at a minimum, include the following: |
---|
1070 | | - | 33.23 (1) the management structure, ownership, and control of the applicant or license holder, |
---|
1071 | | - | 33.24including the name of each cooperative member, officer, director, manager, general partner, |
---|
1072 | | - | 33.25or business entity; the office or position held by each person; each person's percentage |
---|
1073 | | - | 33.26ownership interest, if any; and, if the business has a parent company, the name of each |
---|
1074 | | - | 33.27owner, board member, and officer of the parent company and the owner's, board member's, |
---|
1075 | | - | 33.28or officer's percentage ownership interest in the parent company and the cannabis business; |
---|
1076 | | - | 33.29 (2) a statement from the applicant and, if the applicant is a business, from every officer, |
---|
1077 | | - | 33.30director, manager, and general partner of the business, indicating whether that person has |
---|
1078 | | - | 33.31previously held, or currently holds, an ownership interest in a cannabis business in Minnesota, |
---|
1079 | | - | 33.32any other state or territory of the United States, or any other country; |
---|
1080 | | - | 33Article 2 Sec. 2. |
---|
1081 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 34.1 (3) if the applicant is a corporation, copies of the applicant's articles of incorporation |
---|
1082 | | - | 34.2and bylaws and any amendments to the applicant's articles of incorporation or bylaws; |
---|
1083 | | - | 34.3 (4) copies of any partnership agreement, operating agreement, or shareholder agreement; |
---|
1084 | | - | 34.4 (5) copies of any promissory notes, security instruments, or other similar agreements; |
---|
1085 | | - | 34.5 (6) an explanation detailing the funding sources used to finance the business; |
---|
1086 | | - | 34.6 (7) a list of operating and investment accounts for the business, including any applicable |
---|
1087 | | - | 34.7financial institution and account number; and |
---|
1088 | | - | 34.8 (8) a list of each outstanding loan and financial obligation obtained for use in the business, |
---|
1089 | | - | 34.9including the loan amount, loan terms, and name and address of the creditor. |
---|
1090 | | - | 34.10 (c) An application may include: |
---|
1091 | | - | 34.11 (1) proof that the applicant is a social equity applicant; |
---|
1092 | | - | 34.12 (2) a description of the training and education that will be provided to any employee; |
---|
1093 | | - | 34.13or |
---|
1094 | | - | 34.14 (3) a copy of business policies governing operations to ensure compliance with this |
---|
1095 | | - | 34.15chapter. |
---|
1096 | | - | 34.16 (d) (c) Commitments made by an applicant in its application, including but not limited |
---|
1097 | | - | 34.17to the maintenance of a labor peace agreement, shall be an ongoing material condition of |
---|
1098 | | - | 34.18maintaining and renewing the license. |
---|
1099 | | - | 34.19 (e) An application on behalf of a corporation or association shall be signed by at least |
---|
1100 | | - | 34.20two officers or managing agents of that entity. |
---|
1101 | | - | 34.21 (f) (d) The office may establish exceptions to the disclosures required under paragraph |
---|
1102 | | - | 34.22(b) for members of a cooperative who hold less than a five percent ownership interest in |
---|
1103 | | - | 34.23the cooperative. |
---|
1104 | | - | 34.24Sec. 3. Minnesota Statutes 2024, section 342.14, subdivision 3, is amended to read: |
---|
1105 | | - | 34.25 Subd. 3.Review.(a) After an applicant submits an application that contains all required |
---|
1106 | | - | 34.26information and pays the applicable licensing application fee, the office must review the |
---|
1107 | | - | 34.27application. |
---|
1108 | | - | 34.28 (b) The office may deny an application if: |
---|
1109 | | - | 34.29 (1) the application is incomplete; |
---|
1110 | | - | 34Article 2 Sec. 3. |
---|
1111 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 35.1 (2) the application contains a materially false statement about the applicant or omits |
---|
1112 | | - | 35.2information required under subdivision 1; |
---|
1113 | | - | 35.3 (3) the applicant does not meet the qualifications under section 342.16; |
---|
1114 | | - | 35.4 (4) the applicant is prohibited from holding the license under section 342.18, subdivision |
---|
1115 | | - | 35.52; |
---|
1116 | | - | 35.6 (5) the application does not meet the minimum requirements under section 342.18, |
---|
1117 | | - | 35.7subdivision 3; |
---|
1118 | | - | 35.8 (6) the applicant fails to pay the applicable application fee; |
---|
1119 | | - | 35.9 (7) the application was not submitted by the application deadline; |
---|
1120 | | - | 35.10 (8) the applicant submitted more than one application for a license type; or |
---|
1121 | | - | 35.11 (9) the office determines that the applicant would be prohibited from holding a license |
---|
1122 | | - | 35.12for any other reason. |
---|
1123 | | - | 35.13 (c) If the office denies an application, the office must notify the applicant of the denial |
---|
1124 | | - | 35.14and the basis for the denial. |
---|
1125 | | - | 35.15 (d) The office may request additional information from any applicant if the office |
---|
1126 | | - | 35.16determines that the information is necessary to review or process the application. If the |
---|
1127 | | - | 35.17applicant does not provide the additional requested information within 14 calendar days of |
---|
1128 | | - | 35.18the office's request for information, the office may deny the application. |
---|
1129 | | - | 35.19 (e) An applicant whose application is not denied under this subdivision is a qualified |
---|
1130 | | - | 35.20applicant. |
---|
1131 | | - | 35.21Sec. 4. Minnesota Statutes 2024, section 342.14, subdivision 6, is amended to read: |
---|
1132 | | - | 35.22 Subd. 6.Completed application; final authorization; issuance of license.(a) Within |
---|
1133 | | - | 35.2318 months of receiving notice of preliminary license approval, an applicant must provide: |
---|
1134 | | - | 35.24 (1) the address and legal property description of the location where the business will |
---|
1135 | | - | 35.25operate; |
---|
1136 | | - | 35.26 (2) the name of the local unit of government where the business will be located; and |
---|
1137 | | - | 35.27 (3) if applicable, an updated description of the location where the business will operate, |
---|
1138 | | - | 35.28an updated security plan, and any other additional information required by the office. |
---|
1139 | | - | 35.29 (b) Upon receipt of the information required under paragraph (a) from an applicant that |
---|
1140 | | - | 35.30has received preliminary license approval, the office must: |
---|
1141 | | - | 35Article 2 Sec. 4. |
---|
1142 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 36.1 (1) forward a copy of the application to the local unit of government in which the business |
---|
1143 | | - | 36.2operates or intends to operate with a form for certification as to whether a proposed cannabis |
---|
1144 | | - | 36.3business complies with local zoning ordinances and, if applicable, whether the proposed |
---|
1145 | | - | 36.4business complies with the state fire code and building code; |
---|
1146 | | - | 36.5 (2) schedule a site inspection; and |
---|
1147 | | - | 36.6 (3) require the applicant to pay the applicable license fee. |
---|
1148 | | - | 36.7 (c) The office may deny final authorization if: |
---|
1149 | | - | 36.8 (1) an applicant fails to submit any required information; |
---|
1150 | | - | 36.9 (2) the applicant submits a materially false statement about the applicant or fails to |
---|
1151 | | - | 36.10provide any required information; |
---|
1152 | | - | 36.11 (3) the office confirms that the cannabis business for which the office granted a |
---|
1153 | | - | 36.12preliminary license preapproval approval does not meet local zoning and land use laws; |
---|
1154 | | - | 36.13 (4) the applicant fails to pay the applicable license fee; or |
---|
1155 | | - | 36.14 (5) the office determines that the applicant is disqualified from holding the license or |
---|
1156 | | - | 36.15would operate in violation of the provisions of this chapter. |
---|
1157 | | - | 36.16 (d) Within 90 days of receiving the information required under paragraph (a) and the |
---|
1158 | | - | 36.17results of any required background check, the office shall grant final authorization and issue |
---|
1159 | | - | 36.18the appropriate license or send the applicant a notice of rejection setting forth specific |
---|
1160 | | - | 36.19reasons that the office did not approve the application. |
---|
1161 | | - | 36.20Sec. 5. Minnesota Statutes 2024, section 342.151, subdivision 2, is amended to read: |
---|
1162 | | - | 36.21 Subd. 2.Criminal history check.A license holder cannabis business may employ or |
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1163 | | - | 36.22contract with as many unlicensed individuals as may be necessary, provided that the license |
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1164 | | - | 36.23holder cannabis business is at all times accountable for the good conduct of every individual |
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1165 | | - | 36.24employed by or contracted with the license holder cannabis business. Before hiring an |
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1166 | | - | 36.25individual as a cannabis worker, the license holder cannabis business must submit to the |
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1167 | | - | 36.26Bureau of Criminal Apprehension the individual's full set of fingerprints and written consent |
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1168 | | - | 36.27for the bureau to conduct a state and national criminal history check. The bureau may |
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1169 | | - | 36.28exchange an individual's fingerprints with the Federal Bureau of Investigation. The Bureau |
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1170 | | - | 36.29of Criminal Apprehension must determine whether the individual is qualified to be employed |
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1171 | | - | 36.30as a cannabis worker and must notify the license holder cannabis business of the bureau's |
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1172 | | - | 36.31determination. The license holder cannabis business must not employ an individual who is |
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1173 | | - | 36.32disqualified from being employed as a cannabis worker. |
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1174 | | - | 36Article 2 Sec. 5. |
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1175 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 37.1 Sec. 6. Minnesota Statutes 2024, section 342.151, subdivision 3, is amended to read: |
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1176 | | - | 37.2 Subd. 3.Disqualification.(a) A license holder cannabis business must not employ an |
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1177 | | - | 37.3individual as a cannabis worker if the individual has been convicted of any of the following |
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1178 | | - | 37.4crimes that would constitute a felony: |
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1179 | | - | 37.5 (1) human trafficking; |
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1180 | | - | 37.6 (2) noncannabis controlled substance crimes in the first or second degree; |
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1181 | | - | 37.7 (3) labor trafficking; |
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1182 | | - | 37.8 (4) fraud; |
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1183 | | - | 37.9 (5) embezzlement; |
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1184 | | - | 37.10 (6) extortion; |
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1185 | | - | 37.11 (7) money laundering; or |
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1186 | | - | 37.12 (8) insider trading; |
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1187 | | - | 37.13if committed in this state or any other jurisdiction for which a full pardon or similar relief |
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1188 | | - | 37.14has not been granted. |
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1189 | | - | 37.15 (b) A license holder cannabis business must not employ an individual as a cannabis |
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1190 | | - | 37.16worker if the individual made any false statement in an application for employment. |
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1191 | | - | 37.17Sec. 7. Minnesota Statutes 2024, section 342.17, is amended to read: |
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1192 | | - | 37.18 342.17 SOCIAL EQUITY APPLICANTS. |
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1193 | | - | 37.19 (a) An applicant qualifies as a social equity applicant if the applicant: |
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1194 | | - | 37.20 (1) was found delinquent for, received a stay of adjudication for, or was convicted of |
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1195 | | - | 37.21an offense involving the possession or sale of cannabis or marijuana prior to May 1, 2023; |
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1196 | | - | 37.22 (2) had a parent, guardian, child, spouse, or dependent who was convicted of an offense |
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1197 | | - | 37.23involving the possession or sale of cannabis or marijuana prior to May 1, 2023; |
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1198 | | - | 37.24 (3) was a dependent of an individual who was convicted of an offense involving the |
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1199 | | - | 37.25possession or sale of cannabis or marijuana prior to May 1, 2023; |
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1200 | | - | 37.26 (4) is a military veteran, including a service-disabled veteran, current or former member |
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1201 | | - | 37.27of the national guard; |
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1202 | | - | 37.28 (5) is a military veteran or current or former member of the national guard who lost |
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1203 | | - | 37.29honorable status due to an offense involving the possession or sale of cannabis or marijuana; |
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1204 | | - | 37Article 2 Sec. 7. |
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1205 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 38.1 (6) has been a resident for the last five years of one or more subareas, such as census |
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1206 | | - | 38.2tracts or neighborhoods: |
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1207 | | - | 38.3 (i) that experienced a disproportionately large amount of cannabis enforcement as |
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1208 | | - | 38.4determined by the study conducted by the office pursuant to section 342.04, paragraph (b), |
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1209 | | - | 38.5or another report based on federal or state data on arrests or convictions; |
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1210 | | - | 38.6 (ii) where the poverty rate was 20 percent or more; |
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1211 | | - | 38.7 (iii) where the median family income did not exceed 80 percent of the statewide median |
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1212 | | - | 38.8family income or, if in a metropolitan area, did not exceed the greater of 80 percent of the |
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1213 | | - | 38.9statewide median family income or 80 percent of the median family income for that |
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1214 | | - | 38.10metropolitan area; |
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1215 | | - | 38.11 (iv) where at least 20 percent of the households receive assistance through the |
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1216 | | - | 38.12Supplemental Nutrition Assistance Program; or |
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1217 | | - | 38.13 (v) where the population has a high level of vulnerability according to the Centers for |
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1218 | | - | 38.14Disease Control and Prevention and Agency for Toxic Substances and Disease Registry |
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1219 | | - | 38.15(CDC/ATSDR) Social Vulnerability Index; or |
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1220 | | - | 38.16 (7) has participated in the business operation of a farm for at least three years and |
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1221 | | - | 38.17currently provides the majority of the day-to-day physical labor and management of a farm |
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1222 | | - | 38.18that had gross farm sales of at least $5,000 but not more than $100,000 in the previous year. |
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1223 | | - | 38.19 (b) The qualifications described in paragraph (a) apply to each individual applicant or, |
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1224 | | - | 38.20in the case of a business entity, apply to at least 65 51 percent of the controlling ownership |
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1225 | | - | 38.21of the business entity. |
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1226 | | - | 38.22 EFFECTIVE DATE.The amendment to paragraph (a), clause (1), is effective August |
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1227 | | - | 38.231, 2025. The amendment to paragraph (b) is effective July 1, 2026. |
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1228 | | - | 38.24Sec. 8. Minnesota Statutes 2024, section 342.22, subdivision 3, is amended to read: |
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1229 | | - | 38.25 Subd. 3.Issuance of registration.(a) A local unit of government shall issue a retail |
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1230 | | - | 38.26registration to a cannabis microbusiness with a retail operations endorsement, cannabis |
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1231 | | - | 38.27mezzobusiness with a retail operations endorsement, cannabis retailer, medical cannabis |
---|
1232 | | - | 38.28combination business operating a retail location, or lower-potency hemp edible retailer that: |
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1233 | | - | 38.29 (1) has a valid license or preliminary license preapproval approval issued by the office; |
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1234 | | - | 38.30 (2) has paid the registration fee or renewal fee pursuant to subdivision 2; |
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1235 | | - | 38Article 2 Sec. 8. |
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1236 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 39.1 (3) is found to be in compliance with the requirements of this chapter at any preliminary |
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1237 | | - | 39.2compliance check that the local unit of government performs; and |
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1238 | | - | 39.3 (4) if applicable, is current on all property taxes and assessments at the location where |
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1239 | | - | 39.4the retail establishment is located. |
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1240 | | - | 39.5 (b) Before issuing a retail registration, the local unit of government may conduct a |
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1241 | | - | 39.6preliminary compliance check to ensure that the cannabis business or hemp business is in |
---|
1242 | | - | 39.7compliance with any applicable local ordinance established pursuant to section 342.13. |
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1243 | | - | 39.8 (c) A local unit of government shall renew the retail registration of a cannabis business |
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1244 | | - | 39.9or hemp business when the office renews the license of the cannabis business or hemp |
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1245 | | - | 39.10business. |
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1246 | | - | 39.11 (d) A retail registration issued under this section may not be transferred. |
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1247 | | - | 39.12Sec. 9. Minnesota Statutes 2024, section 342.28, subdivision 1, is amended to read: |
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1248 | | - | 39.13 Subdivision 1.Authorized actions.A cannabis microbusiness license, consistent with |
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1249 | | - | 39.14the specific license endorsement or endorsements, entitles the license holder to perform any |
---|
1250 | | - | 39.15or all of the following within the limits established by this section: |
---|
1251 | | - | 39.16 (1) grow cannabis plants from seed or immature plant to mature plant and harvest |
---|
1252 | | - | 39.17cannabis flower from a mature plant; |
---|
1253 | | - | 39.18 (2) make cannabis concentrate; |
---|
1254 | | - | 39.19 (3) make hemp concentrate, including hemp concentrate with a delta-9 |
---|
1255 | | - | 39.20tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; |
---|
1256 | | - | 39.21 (4) manufacture artificially derived cannabinoids; |
---|
1257 | | - | 39.22 (5) manufacture adult-use cannabis products, lower-potency hemp edibles, and |
---|
1258 | | - | 39.23hemp-derived consumer products for public consumption; |
---|
1259 | | - | 39.24 (6) purchase immature cannabis plants and seedlings and, cannabis flower, cannabis |
---|
1260 | | - | 39.25products, lower-potency hemp edibles, and hemp-derived consumer products from another |
---|
1261 | | - | 39.26cannabis microbusiness, a cannabis mezzobusiness, a cannabis cultivator, a cannabis |
---|
1262 | | - | 39.27manufacturer, or a cannabis wholesaler, a lower-potency hemp edible manufacturer, or a |
---|
1263 | | - | 39.28lower-potency hemp edible wholesaler; |
---|
1264 | | - | 39.29 (7) purchase hemp plant parts and propagules from an industrial hemp grower licensed |
---|
1265 | | - | 39.30under chapter 18K; |
---|
1266 | | - | 39Article 2 Sec. 9. |
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1267 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 40.1 (8) purchase hemp concentrate from an industrial hemp processor licensed under chapter |
---|
1268 | | - | 40.218K; |
---|
1269 | | - | 40.3 (9) purchase cannabis concentrate, hemp concentrate, and artificially derived cannabinoids |
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1270 | | - | 40.4from another cannabis microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, |
---|
1271 | | - | 40.5or a cannabis wholesaler for use in manufacturing adult-use cannabis products, lower-potency |
---|
1272 | | - | 40.6hemp edibles, or hemp-derived consumer products; |
---|
1273 | | - | 40.7 (10) package and label adult-use cannabis flower, adult-use cannabis products, |
---|
1274 | | - | 40.8lower-potency hemp edibles, and hemp-derived consumer products for sale to customers; |
---|
1275 | | - | 40.9 (11) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use |
---|
1276 | | - | 40.10cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and |
---|
1277 | | - | 40.11other products authorized by law to other cannabis businesses and to customers; |
---|
1278 | | - | 40.12 (12) operate an establishment that permits on-site consumption of edible cannabis |
---|
1279 | | - | 40.13products and lower-potency hemp edibles; and |
---|
1280 | | - | 40.14 (13) perform other actions approved by the office. |
---|
1281 | | - | 40.15Sec. 10. Minnesota Statutes 2024, section 342.28, subdivision 8, is amended to read: |
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1282 | | - | 40.16 Subd. 8.Production of customer consumer products endorsement.A cannabis |
---|
1283 | | - | 40.17microbusiness that manufactures edible cannabis products, lower-potency hemp products, |
---|
1284 | | - | 40.18or hemp-derived consumer products must comply with the requirements in section 342.26, |
---|
1285 | | - | 40.19subdivisions 2 and 4. |
---|
1286 | | - | 40.20Sec. 11. Minnesota Statutes 2024, section 342.29, subdivision 1, is amended to read: |
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1287 | | - | 40.21 Subdivision 1.Authorized actions.A cannabis mezzobusiness license, consistent with |
---|
1288 | | - | 40.22the specific license endorsement or endorsements, entitles the license holder to perform any |
---|
1289 | | - | 40.23or all of the following within the limits established by this section: |
---|
1290 | | - | 40.24 (1) grow cannabis plants from seed or immature plant to mature plant and harvest |
---|
1291 | | - | 40.25cannabis flower from a mature plant for use as adult-use cannabis flower or for use in |
---|
1292 | | - | 40.26adult-use cannabis products; |
---|
1293 | | - | 40.27 (2) grow cannabis plants from seed or immature plant to mature plant and harvest |
---|
1294 | | - | 40.28cannabis flower from a mature plant for use as medical cannabis flower or for use in medical |
---|
1295 | | - | 40.29cannabinoid products; |
---|
1296 | | - | 40.30 (3) make cannabis concentrate; |
---|
1297 | | - | 40Article 2 Sec. 11. |
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1298 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 41.1 (4) make hemp concentrate, including hemp concentrate with a delta-9 |
---|
1299 | | - | 41.2tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; |
---|
1300 | | - | 41.3 (5) manufacture artificially derived cannabinoids; |
---|
1301 | | - | 41.4 (6) manufacture adult-use cannabis products, lower-potency hemp edibles, and |
---|
1302 | | - | 41.5hemp-derived consumer products for public consumption; |
---|
1303 | | - | 41.6 (7) process medical cannabinoid products; |
---|
1304 | | - | 41.7 (8) purchase immature cannabis plants and seedlings and, cannabis flower, cannabis |
---|
1305 | | - | 41.8products, lower-potency hemp edibles, and hemp-derived consumer products from a cannabis |
---|
1306 | | - | 41.9microbusiness, another cannabis mezzobusiness, a cannabis cultivator, a cannabis |
---|
1307 | | - | 41.10manufacturer, or a cannabis wholesaler, a lower-potency hemp edible manufacturer, or a |
---|
1308 | | - | 41.11lower-potency hemp edible wholesaler; |
---|
1309 | | - | 41.12 (9) purchase cannabis concentrate, hemp concentrate, and synthetically artificially derived |
---|
1310 | | - | 41.13cannabinoids from a cannabis microbusiness, another cannabis mezzobusiness, a cannabis |
---|
1311 | | - | 41.14manufacturer, or a cannabis wholesaler for use in manufacturing adult-use cannabis products, |
---|
1312 | | - | 41.15lower-potency hemp edibles, or hemp-derived consumer products; |
---|
1313 | | - | 41.16 (10) purchase hemp plant parts and propagules from a licensed hemp grower licensed |
---|
1314 | | - | 41.17under chapter 18K; |
---|
1315 | | - | 41.18 (11) purchase hemp concentrate from an industrial hemp processor licensed under chapter |
---|
1316 | | - | 41.1918K; |
---|
1317 | | - | 41.20 (12) package and label adult-use cannabis flower, adult-use cannabis products, |
---|
1318 | | - | 41.21lower-potency hemp edibles, and hemp-derived consumer products for sale to customers; |
---|
1319 | | - | 41.22 (13) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use |
---|
1320 | | - | 41.23cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and |
---|
1321 | | - | 41.24other products authorized by law to other cannabis businesses and to customers; and |
---|
1322 | | - | 41.25 (14) perform other actions approved by the office. |
---|
1323 | | - | 41.26Sec. 12. Minnesota Statutes 2024, section 342.29, subdivision 7, is amended to read: |
---|
1324 | | - | 41.27 Subd. 7.Production of customer consumer products endorsement.A cannabis |
---|
1325 | | - | 41.28mezzobusiness that manufactures edible cannabis products, lower-potency hemp products, |
---|
1326 | | - | 41.29or hemp-derived consumer products must comply with the requirements in section 342.26, |
---|
1327 | | - | 41.30subdivisions 2 and 4. |
---|
1328 | | - | 41Article 2 Sec. 12. |
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1329 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 42.1 Sec. 13. Minnesota Statutes 2024, section 342.30, subdivision 1, is amended to read: |
---|
1330 | | - | 42.2 Subdivision 1.Authorized actions.A cannabis cultivator license entitles the license |
---|
1331 | | - | 42.3holder to: |
---|
1332 | | - | 42.4 (1) grow cannabis plants within the approved amount of space from seed or immature |
---|
1333 | | - | 42.5plant to mature plant,; |
---|
1334 | | - | 42.6 (2) harvest cannabis flower from a mature plant,; |
---|
1335 | | - | 42.7 (3) package and label immature cannabis plants and seedlings and cannabis flower for |
---|
1336 | | - | 42.8sale to other cannabis businesses,; |
---|
1337 | | - | 42.9 (4) sell immature cannabis plants and seedlings and cannabis flower to other cannabis |
---|
1338 | | - | 42.10businesses; |
---|
1339 | | - | 42.11 (5) transport cannabis flower to a cannabis manufacturer located on the same premises,; |
---|
1340 | | - | 42.12and |
---|
1341 | | - | 42.13 (6) perform other actions approved by the office. |
---|
1342 | | - | 42.14Sec. 14. Minnesota Statutes 2024, section 342.32, subdivision 1, is amended to read: |
---|
1343 | | - | 42.15 Subdivision 1.Authorized actions.A cannabis retailer license entitles the license holder |
---|
1344 | | - | 42.16to: |
---|
1345 | | - | 42.17 (1) purchase immature cannabis plants and seedlings, cannabis flower, cannabis products, |
---|
1346 | | - | 42.18lower-potency hemp edibles, and hemp-derived consumer products from cannabis |
---|
1347 | | - | 42.19microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, |
---|
1348 | | - | 42.20and cannabis wholesalers; |
---|
1349 | | - | 42.21 (2) purchase lower-potency hemp edibles from a licensed lower-potency hemp edible |
---|
1350 | | - | 42.22manufacturer or lower-potency hemp edible wholesaler; |
---|
1351 | | - | 42.23 (3) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use |
---|
1352 | | - | 42.24cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and |
---|
1353 | | - | 42.25other products authorized by law to customers; and |
---|
1354 | | - | 42.26 (4) perform other actions approved by the office. |
---|
1355 | | - | 42.27Sec. 15. Minnesota Statutes 2024, section 342.32, subdivision 4, is amended to read: |
---|
1356 | | - | 42.28 Subd. 4.Multiple licenses; limits.(a) A person, cooperative, or business holding a |
---|
1357 | | - | 42.29cannabis retailer license may also hold a cannabis delivery service license and a cannabis |
---|
1358 | | - | 42.30event organizer license. |
---|
1359 | | - | 42Article 2 Sec. 15. |
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1360 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 43.1 (b) Except as provided in paragraph (a) and subdivision 5, no person, cooperative, or |
---|
1361 | | - | 43.2business holding a cannabis retailer license may own or operate any other cannabis business |
---|
1362 | | - | 43.3or hemp business. |
---|
1363 | | - | 43.4 (c) No person, cooperative, or business may hold a license to own or operate more than |
---|
1364 | | - | 43.5one cannabis retail business in one city and three retail businesses in one county. |
---|
1365 | | - | 43.6 (d) The office by rule may limit the number of cannabis retailer licenses a person, |
---|
1366 | | - | 43.7cooperative, or business may hold. |
---|
1367 | | - | 43.8 (e) For purposes of this subdivision, a restriction on the number or type of license a |
---|
1368 | | - | 43.9business may hold applies to every cooperative member or every director, manager, and |
---|
1369 | | - | 43.10general partner of a cannabis business. |
---|
1370 | | - | 43.11Sec. 16. Minnesota Statutes 2024, section 342.32, subdivision 5, is amended to read: |
---|
1371 | | - | 43.12 Subd. 5.Municipal or county cannabis store.A city or county may establish, own, |
---|
1372 | | - | 43.13and operate a municipal cannabis store subject to the restrictions in this chapter. |
---|
1373 | | - | 43.14Notwithstanding any law to the contrary, a city or county that establishes, owns, or operates |
---|
1374 | | - | 43.15a municipal cannabis store may also hold a lower-potency hemp edible retailer license. |
---|
1375 | | - | 43.16Sec. 17. Minnesota Statutes 2024, section 342.33, subdivision 1, is amended to read: |
---|
1376 | | - | 43.17 Subdivision 1.Authorized actions.A cannabis wholesaler license entitles the license |
---|
1377 | | - | 43.18holder to: |
---|
1378 | | - | 43.19 (1) purchase immature cannabis plants and seedlings, cannabis flower, cannabis products, |
---|
1379 | | - | 43.20lower-potency hemp edibles, and hemp-derived consumer products from cannabis |
---|
1380 | | - | 43.21microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, |
---|
1381 | | - | 43.22and cannabis microbusinesses lower-potency hemp edible manufacturers; |
---|
1382 | | - | 43.23 (2) purchase hemp plant parts and propagules from industrial hemp growers licensed |
---|
1383 | | - | 43.24under chapter 18K; |
---|
1384 | | - | 43.25 (3) purchase hemp concentrate from an industrial hemp processor licensed under chapter |
---|
1385 | | - | 43.2618K; |
---|
1386 | | - | 43.27 (4) sell immature cannabis plants and seedlings, cannabis flower, cannabis products, |
---|
1387 | | - | 43.28lower-potency hemp edibles, and hemp-derived consumer products to cannabis |
---|
1388 | | - | 43.29microbusinesses, cannabis mezzobusinesses, cannabis manufacturers, and cannabis retailers; |
---|
1389 | | - | 43.30 (5) sell lower-potency hemp edibles to lower-potency hemp edible retailers; |
---|
1390 | | - | 43Article 2 Sec. 17. |
---|
1391 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 44.1 (6) import hemp-derived consumer products and lower-potency hemp edibles that contain |
---|
1392 | | - | 44.2hemp concentrate or artificially derived cannabinoids that are derived from hemp plants or |
---|
1393 | | - | 44.3hemp plant parts; and |
---|
1394 | | - | 44.4 (7) perform other actions approved by the office. |
---|
1395 | | - | 44.5 Sec. 18. Minnesota Statutes 2024, section 342.36, subdivision 6, is amended to read: |
---|
1396 | | - | 44.6 Subd. 6.Multiple employees; secured vehicles; delivery routes.All cannabis transporter |
---|
1397 | | - | 44.7vehicles transporting immature cannabis plants and seedlings, cannabis flower, cannabis |
---|
1398 | | - | 44.8products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, |
---|
1399 | | - | 44.9lower-potency hemp edibles, or hemp-derived consumer products must be staffed with a |
---|
1400 | | - | 44.10minimum of two employees (1) secured by turning off the ignition, locking all doors and |
---|
1401 | | - | 44.11storage compartments, and removing the operating keys or device, or (2) attended by a |
---|
1402 | | - | 44.12cannabis transporter employee at all times. If there are multiple team members staffing an |
---|
1403 | | - | 44.13unsecured transport vehicle, at least one delivery team member shall remain with the motor |
---|
1404 | | - | 44.14vehicle at all times that the motor vehicle contains immature cannabis plants and seedlings, |
---|
1405 | | - | 44.15cannabis flower, cannabis products, artificially derived cannabinoids, hemp plant parts, |
---|
1406 | | - | 44.16hemp concentrate, lower-potency hemp edibles, or hemp-derived consumer products. A |
---|
1407 | | - | 44.17cannabis transporter must not be required to randomize delivery times and routes or staff |
---|
1408 | | - | 44.18cannabis transport vehicles with multiple employees. |
---|
1409 | | - | 44.19Sec. 19. Minnesota Statutes 2024, section 342.37, is amended by adding a subdivision to |
---|
1410 | | - | 44.20read: |
---|
1411 | | - | 44.21 Subd. 2a.Cannabis testing facility licenses.(a) Pending an applicant's accreditation |
---|
1412 | | - | 44.22by a laboratory accrediting organization approved by the office, the office may issue or |
---|
1413 | | - | 44.23renew a cannabis testing facility license for an applicant that is a person, cooperative, or |
---|
1414 | | - | 44.24business if the applicant: |
---|
1415 | | - | 44.25 (1) submits documentation to the office demonstrating that the applicant has a signed |
---|
1416 | | - | 44.26contract with a laboratory accreditation organization approved by the office, has scheduled |
---|
1417 | | - | 44.27an audit, and is making progress toward accreditation by a laboratory accrediting organization |
---|
1418 | | - | 44.28approved by the office according to the standards of the most recent edition of ISO/IEC |
---|
1419 | | - | 44.2917025: General Requirements for the Competence of Testing and Calibration Laboratories; |
---|
1420 | | - | 44.30 (2) passes a final site inspection conducted by the office; and |
---|
1421 | | - | 44.31 (3) meets all other licensing requirements according to chapter 342 and Minnesota Rules. |
---|
1422 | | - | 44Article 2 Sec. 19. |
---|
1423 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 45.1 (b) After receiving a license under this section, a license holder may operate a cannabis |
---|
1424 | | - | 45.2testing facility up to one year with pending accreditation status. |
---|
1425 | | - | 45.3 (c) If after one year a license holder continues to have pending accreditation status, the |
---|
1426 | | - | 45.4license holder may apply for a onetime extension to continue operations for up to six months. |
---|
1427 | | - | 45.5The office may grant an extension under this paragraph to a license holder if the license |
---|
1428 | | - | 45.6holder: |
---|
1429 | | - | 45.7 (1) passes a follow-up site inspection conducted by the office; |
---|
1430 | | - | 45.8 (2) submits an initial audit report from a laboratory accrediting organization approved |
---|
1431 | | - | 45.9by the office; and |
---|
1432 | | - | 45.10 (3) submits any additional information requested by the office. |
---|
1433 | | - | 45.11 (d) The office may revoke a cannabis testing facility license held by a license holder |
---|
1434 | | - | 45.12with pending accreditation status if the office determines or has reason to believe that the |
---|
1435 | | - | 45.13license holder: |
---|
1436 | | - | 45.14 (1) is not making progress toward accreditation; or |
---|
1437 | | - | 45.15 (2) has violated a cannabis testing requirement, an ownership requirement, or an |
---|
1438 | | - | 45.16operational requirement in chapter 342 or Minnesota Rules. |
---|
1439 | | - | 45.17 (e) The office must not issue or renew a cannabis testing facility license under this |
---|
1440 | | - | 45.18subdivision for a license holder if the license holder's accreditation has been suspended or |
---|
1441 | | - | 45.19revoked by a laboratory accrediting organization. |
---|
1442 | | - | 45.20Sec. 20. Minnesota Statutes 2024, section 342.37, is amended by adding a subdivision to |
---|
1443 | | - | 45.21read: |
---|
1444 | | - | 45.22 Subd. 2b.Loss of accreditation.(a) A license holder must report loss of accreditation |
---|
1445 | | - | 45.23to the office within 24 hours of receiving notice of the loss of accreditation. |
---|
1446 | | - | 45.24 (b) The office must immediately revoke a license holder's license upon receiving notice |
---|
1447 | | - | 45.25that the license holder has lost accreditation. |
---|
1448 | | - | 45.26Sec. 21. Minnesota Statutes 2024, section 342.43, is amended by adding a subdivision to |
---|
1449 | | - | 45.27read: |
---|
1450 | | - | 45.28 Subd. 3.Exception; municipal or county licenses.Notwithstanding any law to the |
---|
1451 | | - | 45.29contrary, a city or county that establishes, owns, or operates a municipal cannabis store may |
---|
1452 | | - | 45.30also hold a lower-potency hemp edible retailer license. |
---|
1453 | | - | 45Article 2 Sec. 21. |
---|
1454 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 46.1 Sec. 22. Minnesota Statutes 2024, section 342.61, subdivision 4, is amended to read: |
---|
1455 | | - | 46.2 Subd. 4.Testing of samples; disclosures.(a) On a schedule determined by the office, |
---|
1456 | | - | 46.3every cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis |
---|
1457 | | - | 46.4manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency |
---|
1458 | | - | 46.5hemp edible manufacturer, or medical cannabis combination business shall make each batch |
---|
1459 | | - | 46.6of cannabis flower, cannabis products, artificially derived cannabinoids, lower-potency |
---|
1460 | | - | 46.7hemp edibles, or hemp-derived consumer products grown, manufactured, or imported by |
---|
1461 | | - | 46.8the cannabis business or hemp business available to a cannabis testing facility. |
---|
1462 | | - | 46.9 (b) A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis |
---|
1463 | | - | 46.10manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency |
---|
1464 | | - | 46.11hemp edible manufacturer, or medical cannabis combination business must disclose all |
---|
1465 | | - | 46.12known information regarding pesticides, fertilizers, solvents, or other foreign materials, |
---|
1466 | | - | 46.13including but not limited to catalysts used in creating artificially derived cannabinoids, |
---|
1467 | | - | 46.14applied or added to the batch of cannabis flower, cannabis products, artificially derived |
---|
1468 | | - | 46.15cannabinoids, lower-potency hemp edibles, or hemp-derived consumer products subject to |
---|
1469 | | - | 46.16testing. Disclosure must be made to the cannabis testing facility and must include information |
---|
1470 | | - | 46.17about all applications by any person, whether intentional or accidental. |
---|
1471 | | - | 46.18 (c) The A cannabis testing facility business shall select one or more representative |
---|
1472 | | - | 46.19samples from each batch, test the samples for the presence of contaminants, and test the |
---|
1473 | | - | 46.20samples for potency and homogeneity and to allow the cannabis flower, cannabis product, |
---|
1474 | | - | 46.21artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer |
---|
1475 | | - | 46.22product to be accurately labeled with its cannabinoid profile. Testing for contaminants must |
---|
1476 | | - | 46.23include testing for residual solvents, foreign material, microbiological contaminants, heavy |
---|
1477 | | - | 46.24metals, pesticide residue, mycotoxins, and any items identified pursuant to paragraph (b), |
---|
1478 | | - | 46.25and may include testing for other contaminants. A cannabis testing facility must destroy or |
---|
1479 | | - | 46.26return to the cannabis business or hemp business any part of the sample that remains after |
---|
1480 | | - | 46.27testing. |
---|
1481 | | - | 46.28Sec. 23. Minnesota Statutes 2024, section 342.63, subdivision 2, is amended to read: |
---|
1482 | | - | 46.29 Subd. 2.Content of label; cannabis.All cannabis flower and hemp-derived consumer |
---|
1483 | | - | 46.30products that consist of hemp plant parts sold to customers or patients must have affixed |
---|
1484 | | - | 46.31on the packaging or container of the cannabis flower or hemp-derived consumer product a |
---|
1485 | | - | 46.32label that contains at least the following information: |
---|
1486 | | - | 46Article 2 Sec. 23. |
---|
1487 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 47.1 (1) the name and license number of the cannabis microbusiness, cannabis mezzobusiness, |
---|
1488 | | - | 47.2cannabis cultivator, medical cannabis combination business, or industrial hemp grower |
---|
1489 | | - | 47.3where the cannabis flower or hemp plant part was cultivated; |
---|
1490 | | - | 47.4 (2) the net weight or volume of cannabis flower or hemp plant parts in the package or |
---|
1491 | | - | 47.5container; |
---|
1492 | | - | 47.6 (3) the batch number; |
---|
1493 | | - | 47.7 (4) the cannabinoid profile; |
---|
1494 | | - | 47.8 (5) a universal symbol established by the office indicating that the package or container |
---|
1495 | | - | 47.9contains cannabis flower, a cannabis product, a lower-potency hemp edible, or a |
---|
1496 | | - | 47.10hemp-derived consumer product; |
---|
1497 | | - | 47.11 (6) verification that the cannabis flower or hemp plant part was tested according to |
---|
1498 | | - | 47.12section 342.61 and that the cannabis flower or hemp plant part complies with the applicable |
---|
1499 | | - | 47.13standards; |
---|
1500 | | - | 47.14 (7) information on the usage of the cannabis flower or hemp-derived consumer product; |
---|
1501 | | - | 47.15 (8) the following statement: "Keep this product out of reach of children."; and |
---|
1502 | | - | 47.16 (9) any other statements or information required by the office. |
---|
1503 | | - | 47.17Sec. 24. Minnesota Statutes 2024, section 342.63, subdivision 3, is amended to read: |
---|
1504 | | - | 47.18 Subd. 3.Content of label; cannabinoid products.(a) All cannabis products, |
---|
1505 | | - | 47.19lower-potency hemp edibles, hemp concentrate, hemp-derived consumer products other |
---|
1506 | | - | 47.20than products subject to the requirements under subdivision 2, medical cannabinoid products, |
---|
1507 | | - | 47.21and hemp-derived topical products sold to customers or patients must have affixed to the |
---|
1508 | | - | 47.22packaging or container of the cannabis product a label that contains at least the following |
---|
1509 | | - | 47.23information: |
---|
1510 | | - | 47.24 (1) the name and license number of the cannabis microbusiness, cannabis mezzobusiness, |
---|
1511 | | - | 47.25cannabis cultivator, medical cannabis combination business, or industrial hemp grower that |
---|
1512 | | - | 47.26cultivated the cannabis flower or hemp plant parts used in the cannabis product, |
---|
1513 | | - | 47.27lower-potency hemp edible, hemp-derived consumer product, or medical cannabinoid |
---|
1514 | | - | 47.28product; |
---|
1515 | | - | 47.29 (2) the name and license number of the cannabis microbusiness, cannabis mezzobusiness, |
---|
1516 | | - | 47.30cannabis manufacturer, lower-potency hemp edible manufacturer, medical cannabis |
---|
1517 | | - | 47.31combination business, or industrial hemp grower that manufactured the cannabis concentrate, |
---|
1518 | | - | 47.32hemp concentrate, or artificially derived cannabinoid and, if different, the name and license |
---|
1519 | | - | 47Article 2 Sec. 24. |
---|
1520 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 48.1number of the cannabis microbusiness, cannabis mezzobusiness, cannabis manufacturer, |
---|
1521 | | - | 48.2lower-potency hemp edible manufacturer, or medical cannabis combination business that |
---|
1522 | | - | 48.3manufactured the product; |
---|
1523 | | - | 48.4 (3) the net weight or volume of the cannabis product, lower-potency hemp edible, or |
---|
1524 | | - | 48.5hemp-derived consumer product in the package or container; |
---|
1525 | | - | 48.6 (4) the type of cannabis product, lower-potency hemp edible, or hemp-derived consumer |
---|
1526 | | - | 48.7product; |
---|
1527 | | - | 48.8 (5) the batch number; |
---|
1528 | | - | 48.9 (6) the serving size; |
---|
1529 | | - | 48.10 (7) the cannabinoid profile per serving and in total; |
---|
1530 | | - | 48.11 (8) a list of ingredients; |
---|
1531 | | - | 48.12 (9) a universal symbol established by the office indicating that the package or container |
---|
1532 | | - | 48.13contains cannabis flower, a cannabis product, a lower-potency hemp edible, or a |
---|
1533 | | - | 48.14hemp-derived consumer product; |
---|
1534 | | - | 48.15 (10) a warning symbol developed by the office in consultation with the commissioner |
---|
1535 | | - | 48.16of health and the Minnesota Poison Control System that: |
---|
1536 | | - | 48.17 (i) is at least three-quarters of an inch tall and six-tenths of an inch wide; |
---|
1537 | | - | 48.18 (ii) is in a highly visible color; |
---|
1538 | | - | 48.19 (iii) includes a visual element that is commonly understood to mean a person should |
---|
1539 | | - | 48.20stop; |
---|
1540 | | - | 48.21 (iv) indicates that the product is not for children; and |
---|
1541 | | - | 48.22 (v) includes the phone number of the Minnesota Poison Control System; |
---|
1542 | | - | 48.23 (11) verification that the cannabis product, lower-potency hemp edible, hemp-derived |
---|
1543 | | - | 48.24consumer product, or medical cannabinoid product was tested according to section 342.61 |
---|
1544 | | - | 48.25and that the cannabis product, lower-potency hemp edible, hemp-derived consumer product, |
---|
1545 | | - | 48.26or medical cannabinoid product complies with the applicable standards; |
---|
1546 | | - | 48.27 (12) information on the usage of the product; |
---|
1547 | | - | 48.28 (13) the following statement: "Keep this product out of reach of children."; and |
---|
1548 | | - | 48.29 (14) any other statements or information required by the office. |
---|
1549 | | - | 48Article 2 Sec. 24. |
---|
1550 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 49.1 (b) The office may by rule establish alternative labeling requirements for lower-potency |
---|
1551 | | - | 49.2hemp edibles that are imported into the state if those requirements provide consumers with |
---|
1552 | | - | 49.3information that is substantially similar to the information described in paragraph (a). |
---|
1553 | | - | 49.4 Sec. 25. Minnesota Statutes 2024, section 342.63, subdivision 6, is amended to read: |
---|
1554 | | - | 49.5 Subd. 6.Additional information.(a) A cannabis microbusiness, cannabis mezzobusiness, |
---|
1555 | | - | 49.6cannabis retailer, or medical cannabis combination business must provide customers and |
---|
1556 | | - | 49.7patients with the following information: |
---|
1557 | | - | 49.8 (1) factual information about impairment effects and the expected timing of impairment |
---|
1558 | | - | 49.9effects, side effects, adverse effects, and health risks of cannabis flower, cannabis products, |
---|
1559 | | - | 49.10lower-potency hemp edibles, and hemp-derived consumer products; |
---|
1560 | | - | 49.11 (2) a statement that customers and patients must not operate a motor vehicle or heavy |
---|
1561 | | - | 49.12machinery while under the influence of cannabis flower, cannabis products, lower-potency |
---|
1562 | | - | 49.13hemp edibles, and hemp-derived consumer products; |
---|
1563 | | - | 49.14 (3) resources customers and patients may consult to answer questions about cannabis |
---|
1564 | | - | 49.15flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer |
---|
1565 | | - | 49.16products, and any side effects and adverse effects; |
---|
1566 | | - | 49.17 (4) contact information for the poison control center and a safety hotline or website for |
---|
1567 | | - | 49.18customers to report and obtain advice about side effects and adverse effects of cannabis |
---|
1568 | | - | 49.19flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer |
---|
1569 | | - | 49.20products; |
---|
1570 | | - | 49.21 (5) substance use disorder treatment options; and |
---|
1571 | | - | 49.22 (6) any other information specified by the office. |
---|
1572 | | - | 49.23 (b) A cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, or medical |
---|
1573 | | - | 49.24cannabis combination business may include the information described in paragraph (a) by: |
---|
1574 | | - | 49.25 (1) including the information on the label affixed to the packaging or container of cannabis |
---|
1575 | | - | 49.26flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products |
---|
1576 | | - | 49.27by:; |
---|
1577 | | - | 49.28 (1) (2) posting the information in the premises of the cannabis microbusiness, cannabis |
---|
1578 | | - | 49.29mezzobusiness, cannabis retailer, or medical cannabis combination business; or |
---|
1579 | | - | 49.30 (2) (3) providing the information on a separate document or pamphlet provided to |
---|
1580 | | - | 49.31customers or patients when the customer purchases cannabis flower, a cannabis product, a |
---|
1581 | | - | 49.32lower-potency hemp edible, or a hemp-derived consumer product. |
---|
1582 | | - | 49Article 2 Sec. 25. |
---|
1583 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 50.1 Sec. 26. REPEALER. |
---|
1584 | | - | 50.2 Minnesota Statutes 2024, section 342.36, subdivision 5, is repealed. |
---|
1585 | | - | 50.3 ARTICLE 3 |
---|
1586 | | - | 50.4 HEMP BUSINESS REGULATIONS |
---|
1587 | | - | 50.5 Section 1. Minnesota Statutes 2024, section 151.72, subdivision 3, is amended to read: |
---|
1588 | | - | 50.6 Subd. 3.Sale of cannabinoids derived from hemp.(a) Notwithstanding any other |
---|
1589 | | - | 50.7section of this chapter, a product containing nonintoxicating cannabinoids, including an |
---|
1590 | | - | 50.8edible cannabinoid product, may be sold for human or animal consumption only if all of |
---|
1591 | | - | 50.9the requirements of this section are met. A product sold for human or animal consumption |
---|
1592 | | - | 50.10must not contain more than 0.3 percent of any tetrahydrocannabinol and an edible |
---|
1593 | | - | 50.11cannabinoid product must not contain an amount of any tetrahydrocannabinol that exceeds |
---|
1594 | | - | 50.12the limits established in subdivision 5a, paragraph (f). |
---|
1595 | | - | 50.13 (b) A product containing nonintoxicating cannabinoids, other than an edible cannabinoid |
---|
1596 | | - | 50.14product, may be sold for human or animal consumption only if it is intended for application |
---|
1597 | | - | 50.15externally to a part of the body of a human or animal. Such a product must not be |
---|
1598 | | - | 50.16manufactured, marketed, distributed, or intended to be consumed: |
---|
1599 | | - | 50.17 (1) by combustion or vaporization of the product and inhalation of smoke, aerosol, or |
---|
1600 | | - | 50.18vapor from the product; |
---|
1601 | | - | 50.19 (2) through chewing, drinking, or swallowing; or |
---|
1602 | | - | 50.20 (3) through injection or application to nonintact skin or a mucous membrane or nonintact |
---|
1603 | | - | 50.21skin, except for products applied sublingually. |
---|
1604 | | - | 50.22 (c) No other substance extracted or otherwise derived from hemp may be sold for human |
---|
1605 | | - | 50.23consumption if the substance is intended: |
---|
1606 | | - | 50.24 (1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention |
---|
1607 | | - | 50.25of disease in humans or other animals; or |
---|
1608 | | - | 50.26 (2) to affect the structure or any function of the bodies of humans or other animals. |
---|
1609 | | - | 50.27 (d) No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise |
---|
1610 | | - | 50.28derived from hemp may be sold to any individual who is under the age of 21. |
---|
1611 | | - | 50.29 (e) Products that meet the requirements of this section are not controlled substances |
---|
1612 | | - | 50.30under section 152.02. |
---|
1613 | | - | 50Article 3 Section 1. |
---|
1614 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 51.1 (f) Products may be sold for on-site consumption if all of the following conditions are |
---|
1615 | | - | 51.2met: |
---|
1616 | | - | 51.3 (1) the retailer must also hold an on-sale license issued under chapter 340A; |
---|
1617 | | - | 51.4 (2) products, other than products that are intended to be consumed as a beverage, must |
---|
1618 | | - | 51.5be served in original packaging, but may be removed from the products' packaging by |
---|
1619 | | - | 51.6customers and consumed on site; |
---|
1620 | | - | 51.7 (3) products must not be sold to a customer who the retailer knows or reasonably should |
---|
1621 | | - | 51.8know is intoxicated; |
---|
1622 | | - | 51.9 (4) products must not be permitted to be mixed with an alcoholic beverage; and |
---|
1623 | | - | 51.10 (5) products that have been removed from packaging must not be removed from the |
---|
1624 | | - | 51.11premises. |
---|
1625 | | - | 51.12 (g) Edible cannabinoid products that are intended to be consumed as a beverage may be |
---|
1626 | | - | 51.13served outside of the products' packaging if the information that is required to be contained |
---|
1627 | | - | 51.14on the label of an edible cannabinoid product is posted or otherwise displayed by the retailer. |
---|
1628 | | - | 51.15Sec. 2. Minnesota Statutes 2024, section 151.72, subdivision 5a, is amended to read: |
---|
1629 | | - | 51.16 Subd. 5a.Additional requirements for edible cannabinoid products.(a) In addition |
---|
1630 | | - | 51.17to the testing and labeling requirements under subdivisions 4 and 5, an edible cannabinoid |
---|
1631 | | - | 51.18must meet the requirements of this subdivision. |
---|
1632 | | - | 51.19 (b) An edible cannabinoid product must not: |
---|
1633 | | - | 51.20 (1) bear the likeness or contain cartoon-like characteristics of a real or fictional person, |
---|
1634 | | - | 51.21animal, or fruit that appeals to children; |
---|
1635 | | - | 51.22 (2) be modeled after a brand of products primarily consumed by or marketed to children; |
---|
1636 | | - | 51.23 (3) be made by applying an extracted or concentrated hemp-derived cannabinoid to a |
---|
1637 | | - | 51.24commercially available candy or snack food item; |
---|
1638 | | - | 51.25 (4) be substantively similar to a meat food product; poultry food product as defined in |
---|
1639 | | - | 51.26section 31A.02, subdivision 10; or a dairy product as defined in section 32D.01, subdivision |
---|
1640 | | - | 51.277; |
---|
1641 | | - | 51.28 (5) contain an ingredient, other than a hemp-derived cannabinoid, that is not approved |
---|
1642 | | - | 51.29by the United States Food and Drug Administration for use in food; |
---|
1643 | | - | 51.30 (6) be packaged in a way that resembles the trademarked, characteristic, or |
---|
1644 | | - | 51.31product-specialized packaging of any commercially available food product; or |
---|
1645 | | - | 51Article 3 Sec. 2. |
---|
1646 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 52.1 (7) be packaged in a container that includes a statement, artwork, or design that could |
---|
1647 | | - | 52.2reasonably mislead any person to believe that the package contains anything other than an |
---|
1648 | | - | 52.3edible cannabinoid product. |
---|
1649 | | - | 52.4 (c) An edible cannabinoid product must be prepackaged in packaging or a container that |
---|
1650 | | - | 52.5is child-resistant, tamper-evident, and opaque or placed in packaging or a container that is |
---|
1651 | | - | 52.6child-resistant, tamper-evident, and opaque at the final point of sale to a customer. The |
---|
1652 | | - | 52.7requirement that packaging be child-resistant does not apply to an edible cannabinoid product |
---|
1653 | | - | 52.8that is intended to be consumed as a beverage. |
---|
1654 | | - | 52.9 (d) If an edible cannabinoid product, other than a product that is intended to be consumed |
---|
1655 | | - | 52.10as a beverage, is intended for more than a single use or contains multiple servings, each |
---|
1656 | | - | 52.11serving must be indicated by scoring, wrapping, or other indicators designating the individual |
---|
1657 | | - | 52.12serving size that appear on the edible cannabinoid product. If it is not possible to indicate |
---|
1658 | | - | 52.13a single serving by scoring or use of another indicator that appears on the product, the edible |
---|
1659 | | - | 52.14cannabinoid product may not be packaged in a manner that includes more than a single |
---|
1660 | | - | 52.15serving in each container, except that a calibrated dropper, measuring spoon, or similar |
---|
1661 | | - | 52.16device for measuring a single serving, when sold with the product, may be used for any |
---|
1662 | | - | 52.17edible cannabinoid products that are intended to be combined with food or beverage products |
---|
1663 | | - | 52.18prior to consumption. |
---|
1664 | | - | 52.19 (e) A label containing at least the following information must be affixed to the packaging |
---|
1665 | | - | 52.20or container of all edible cannabinoid products sold to consumers: |
---|
1666 | | - | 52.21 (1) the serving size; |
---|
1667 | | - | 52.22 (2) the cannabinoid profile per serving and in total; |
---|
1668 | | - | 52.23 (3) a list of ingredients, including identification of any major food allergens declared |
---|
1669 | | - | 52.24by name; and |
---|
1670 | | - | 52.25 (4) the following statement: "Keep this product out of reach of children." |
---|
1671 | | - | 52.26 (f) An edible cannabinoid product that is not intended to be consumed as a beverage |
---|
1672 | | - | 52.27must not contain more than five milligrams of any tetrahydrocannabinol in a single serving. |
---|
1673 | | - | 52.28An edible cannabinoid product, other than a product that is intended to be consumed as a |
---|
1674 | | - | 52.29beverage, may and must not contain more than a total of 50 milligrams of any |
---|
1675 | | - | 52.30tetrahydrocannabinol per package. An edible cannabinoid product that is intended to be |
---|
1676 | | - | 52.31consumed as a beverage may not contain more than two servings per container. |
---|
1677 | | - | 52.32 (g) An edible cannabinoid product that is intended to be consumed as a beverage must |
---|
1678 | | - | 52.33not contain more than ten milligrams of any tetrahydrocannabinol in a single container. |
---|
1679 | | - | 52Article 3 Sec. 2. |
---|
1680 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 53.1 (g) (h) An edible cannabinoid product may contain delta-8 tetrahydrocannabinol or |
---|
1681 | | - | 53.2delta-9 tetrahydrocannabinol that is extracted from hemp plants or hemp plant parts or is |
---|
1682 | | - | 53.3an artificially derived cannabinoid. Edible cannabinoid products are prohibited from |
---|
1683 | | - | 53.4containing any other artificially derived cannabinoid, including but not limited to THC-P, |
---|
1684 | | - | 53.5THC-O, and HHC, unless the office authorizes use of the artificially derived cannabinoid |
---|
1685 | | - | 53.6in edible cannabinoid products. Edible cannabinoid products are prohibited from containing |
---|
1686 | | - | 53.7synthetic cannabinoids. |
---|
1687 | | - | 53.8 (h) (i) Every person selling edible cannabinoid products to consumers, other than products |
---|
1688 | | - | 53.9that are intended to be consumed as a beverage, must ensure that all edible cannabinoid |
---|
1689 | | - | 53.10products are displayed behind a checkout counter where the public is not permitted or in a |
---|
1690 | | - | 53.11locked case. |
---|
1691 | | - | 53.12 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
1692 | | - | 53.13Sec. 3. Minnesota Statutes 2024, section 342.01, subdivision 9, is amended to read: |
---|
1693 | | - | 53.14 Subd. 9.Bona fide labor organization."Bona fide labor organization" means a labor |
---|
1694 | | - | 53.15union that represents or is actively seeking to represent cannabis workers. of: |
---|
1695 | | - | 53.16 (1) a cannabis business; or |
---|
1696 | | - | 53.17 (2) a lower-potency hemp edible manufacturer. |
---|
1697 | | - | 53.18Sec. 4. Minnesota Statutes 2024, section 342.01, subdivision 34, is amended to read: |
---|
1698 | | - | 53.19 Subd. 34.Hemp business.(a) "Hemp business" means either any of the following |
---|
1699 | | - | 53.20licensed under this chapter: |
---|
1700 | | - | 53.21 (1) lower-potency hemp edible manufacturer; or |
---|
1701 | | - | 53.22 (2) lower-potency hemp edible wholesaler; or |
---|
1702 | | - | 53.23 (2) (3) lower-potency hemp edible retailer. |
---|
1703 | | - | 53.24 (b) Hemp business does not include a person or entity licensed under chapter 18K to |
---|
1704 | | - | 53.25grow industrial hemp for commercial or research purposes or to process industrial hemp |
---|
1705 | | - | 53.26for commercial purposes. |
---|
1706 | | - | 53.27 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
1707 | | - | 53.28Sec. 5. Minnesota Statutes 2024, section 342.01, subdivision 47, is amended to read: |
---|
1708 | | - | 53.29 Subd. 47.Labor peace agreement."Labor peace agreement" means an agreement |
---|
1709 | | - | 53.30between a cannabis business and a bona fide labor organization or an agreement between |
---|
1710 | | - | 53Article 3 Sec. 5. |
---|
1711 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 54.1a lower-potency hemp edible manufacturer and a bona fide labor organization that protects |
---|
1712 | | - | 54.2the state's interests by, at minimum, prohibiting the labor organization from engaging in |
---|
1713 | | - | 54.3picketing, work stoppages, or boycotts against the cannabis business or lower-potency hemp |
---|
1714 | | - | 54.4edible manufacturer. |
---|
1715 | | - | 54.5 Sec. 6. Minnesota Statutes 2024, section 342.01, subdivision 48, is amended to read: |
---|
1716 | | - | 54.6 Subd. 48.License holder."License holder" means a person, cooperative, or business |
---|
1717 | | - | 54.7that holds any of the following licenses: |
---|
1718 | | - | 54.8 (1) cannabis microbusiness; |
---|
1719 | | - | 54.9 (2) cannabis mezzobusiness; |
---|
1720 | | - | 54.10 (3) cannabis cultivator; |
---|
1721 | | - | 54.11 (4) cannabis manufacturer; |
---|
1722 | | - | 54.12 (5) cannabis retailer; |
---|
1723 | | - | 54.13 (6) cannabis wholesaler; |
---|
1724 | | - | 54.14 (7) cannabis transporter; |
---|
1725 | | - | 54.15 (8) cannabis testing facility; |
---|
1726 | | - | 54.16 (9) cannabis event organizer; |
---|
1727 | | - | 54.17 (10) cannabis delivery service; |
---|
1728 | | - | 54.18 (11) lower-potency hemp edible manufacturer; |
---|
1729 | | - | 54.19 (12) lower-potency hemp edible wholesaler; |
---|
1730 | | - | 54.20 (12) (13) lower-potency hemp edible retailer; or |
---|
1731 | | - | 54.21 (13) (14) medical cannabis combination business. |
---|
1732 | | - | 54.22 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
1733 | | - | 54.23Sec. 7. Minnesota Statutes 2024, section 342.01, subdivision 50, is amended to read: |
---|
1734 | | - | 54.24 Subd. 50.Lower-potency hemp edible.(a) "Lower-potency hemp edible" means any |
---|
1735 | | - | 54.25product that: |
---|
1736 | | - | 54.26 (1) is intended to be eaten or consumed as a beverage by humans; |
---|
1737 | | - | 54.27 (2) contains hemp concentrate or an artificially derived cannabinoid, in combination |
---|
1738 | | - | 54.28with food ingredients; |
---|
1739 | | - | 54Article 3 Sec. 7. |
---|
1740 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 55.1 (3) is not a drug; |
---|
1741 | | - | 55.2 (4) does not contain a cannabinoid derived from cannabis plants or cannabis flower; |
---|
1742 | | - | 55.3 (5) is a type of product approved for sale by the office or is substantially similar to a |
---|
1743 | | - | 55.4product approved by the office, including but not limited to products that resemble |
---|
1744 | | - | 55.5nonalcoholic beverages, candy, and baked goods; and |
---|
1745 | | - | 55.6 (6) meets either of the requirements in paragraph (b). |
---|
1746 | | - | 55.7 (b) A lower-potency hemp edible includes: |
---|
1747 | | - | 55.8 (1) a product that: |
---|
1748 | | - | 55.9 (i) is not intended to be consumed as a beverage and consists of servings that contain |
---|
1749 | | - | 55.10no more than five milligrams of delta-9 tetrahydrocannabinol; is intended to be consumed |
---|
1750 | | - | 55.11as a beverage and contains no more than ten milligrams of delta-9 tetrahydrocannabinol in |
---|
1751 | | - | 55.12a single container; is intended to be consumed in any approved manner and consists of |
---|
1752 | | - | 55.13servings or a container that contain no more than 25 100 milligrams of cannabidiol, |
---|
1753 | | - | 55.14cannabigerol, cannabinol, or cannabichromene; is intended to be consumed in any approved |
---|
1754 | | - | 55.15manner and contains no more than the established limit of any other cannabinoid authorized |
---|
1755 | | - | 55.16by the office; or is intended to be consumed in any approved manner and contains any |
---|
1756 | | - | 55.17combination of those cannabinoids that does not exceed the identified amounts for the |
---|
1757 | | - | 55.18applicable product category; |
---|
1758 | | - | 55.19 (ii) does not contain more than a combined total of 0.5 milligrams of all other |
---|
1759 | | - | 55.20cannabinoids per serving; and |
---|
1760 | | - | 55.21 (iii) does not contain an artificially derived cannabinoid other than delta-9 |
---|
1761 | | - | 55.22tetrahydrocannabinol, except that a product may include artificially derived cannabinoids |
---|
1762 | | - | 55.23created during the process of creating the delta-9 tetrahydrocannabinol that is added to the |
---|
1763 | | - | 55.24product, if no artificially derived cannabinoid is added to the ingredient containing delta-9 |
---|
1764 | | - | 55.25tetrahydrocannabinol and the ratio of delta-9 tetrahydrocannabinol to all other artificially |
---|
1765 | | - | 55.26derived cannabinoids is no less than 20 to one; or |
---|
1766 | | - | 55.27 (2) a product that: |
---|
1767 | | - | 55.28 (i) contains hemp concentrate processed or refined without increasing the percentage of |
---|
1768 | | - | 55.29targeted cannabinoids or altering the ratio of cannabinoids in the extracts or resins of a hemp |
---|
1769 | | - | 55.30plant or hemp plant parts beyond the variability generally recognized for the method used |
---|
1770 | | - | 55.31for processing or refining or by an amount needed to reduce the total THC in the hemp |
---|
1771 | | - | 55.32concentrate; and |
---|
1772 | | - | 55Article 3 Sec. 7. |
---|
1773 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 56.1 (ii) consists of servings that contain no more than five milligrams of total THC. |
---|
1774 | | - | 56.2 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
1775 | | - | 56.3 Sec. 8. Minnesota Statutes 2024, section 342.10, is amended to read: |
---|
1776 | | - | 56.4 342.10 LICENSES; TYPES. |
---|
1777 | | - | 56.5 The office shall issue the following types of license: |
---|
1778 | | - | 56.6 (1) cannabis microbusiness; |
---|
1779 | | - | 56.7 (2) cannabis mezzobusiness; |
---|
1780 | | - | 56.8 (3) cannabis cultivator; |
---|
1781 | | - | 56.9 (4) cannabis manufacturer; |
---|
1782 | | - | 56.10 (5) cannabis retailer; |
---|
1783 | | - | 56.11 (6) cannabis wholesaler; |
---|
1784 | | - | 56.12 (7) cannabis transporter; |
---|
1785 | | - | 56.13 (8) cannabis testing facility; |
---|
1786 | | - | 56.14 (9) cannabis event organizer; |
---|
1787 | | - | 56.15 (10) cannabis delivery service; |
---|
1788 | | - | 56.16 (11) lower-potency hemp edible manufacturer; |
---|
1789 | | - | 56.17 (12) lower-potency hemp edible wholesaler; |
---|
1790 | | - | 56.18 (12) (13) lower-potency hemp edible retailer; and |
---|
1791 | | - | 56.19 (13) (14) medical cannabis combination business. |
---|
1792 | | - | 56.20 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
1793 | | - | 56.21Sec. 9. Minnesota Statutes 2024, section 342.11, is amended to read: |
---|
1794 | | - | 56.22 342.11 LICENSES; FEES. |
---|
1795 | | - | 56.23 (a) The office shall require the payment of application fees, initial licensing fees, and |
---|
1796 | | - | 56.24renewal licensing fees as provided in this section. The initial license fee shall include the |
---|
1797 | | - | 56.25fee for initial issuance of the license and the first annual renewal. The renewal fee shall be |
---|
1798 | | - | 56.26charged at the time of the second renewal and each subsequent annual renewal thereafter. |
---|
1799 | | - | 56.27Nothing in this section prohibits a local unit of government from charging the retailer |
---|
1800 | | - | 56Article 3 Sec. 9. |
---|
1801 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 57.1registration fee established in section 342.22. Application fees, initial licensing fees, and |
---|
1802 | | - | 57.2renewal licensing fees are nonrefundable. |
---|
1803 | | - | 57.3 (b) Application and licensing fees shall be as follows: |
---|
1804 | | - | 57.4 (1) for a cannabis microbusiness: |
---|
1805 | | - | 57.5 (i) an application fee of $500; |
---|
1806 | | - | 57.6 (ii) an initial license fee of $0; and |
---|
1807 | | - | 57.7 (iii) a renewal license fee of $2,000; |
---|
1808 | | - | 57.8 (2) for a cannabis mezzobusiness: |
---|
1809 | | - | 57.9 (i) an application fee of $5,000; |
---|
1810 | | - | 57.10 (ii) an initial license fee of $5,000; and |
---|
1811 | | - | 57.11 (iii) a renewal license fee of $10,000; |
---|
1812 | | - | 57.12 (3) for a cannabis cultivator: |
---|
1813 | | - | 57.13 (i) an application fee of $10,000; |
---|
1814 | | - | 57.14 (ii) an initial license fee of $20,000; and |
---|
1815 | | - | 57.15 (iii) a renewal license fee of $30,000; |
---|
1816 | | - | 57.16 (4) for a cannabis manufacturer: |
---|
1817 | | - | 57.17 (i) an application fee of $10,000; |
---|
1818 | | - | 57.18 (ii) an initial license fee of $10,000; and |
---|
1819 | | - | 57.19 (iii) a renewal license fee of $20,000; |
---|
1820 | | - | 57.20 (5) for a cannabis retailer: |
---|
1821 | | - | 57.21 (i) an application fee of $2,500; |
---|
1822 | | - | 57.22 (ii) an initial license fee of $2,500; and |
---|
1823 | | - | 57.23 (iii) a renewal license fee of $5,000; |
---|
1824 | | - | 57.24 (6) for a cannabis wholesaler: |
---|
1825 | | - | 57.25 (i) an application fee of $5,000; |
---|
1826 | | - | 57.26 (ii) an initial license fee of $5,000; and |
---|
1827 | | - | 57.27 (iii) a renewal license fee of $10,000; |
---|
1828 | | - | 57Article 3 Sec. 9. |
---|
1829 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 58.1 (7) for a cannabis transporter: |
---|
1830 | | - | 58.2 (i) an application fee of $250; |
---|
1831 | | - | 58.3 (ii) an initial license fee of $500; and |
---|
1832 | | - | 58.4 (iii) a renewal license fee of $1,000; |
---|
1833 | | - | 58.5 (8) for a cannabis testing facility: |
---|
1834 | | - | 58.6 (i) an application fee of $5,000; |
---|
1835 | | - | 58.7 (ii) an initial license fee of $5,000; and |
---|
1836 | | - | 58.8 (iii) a renewal license fee of $10,000; |
---|
1837 | | - | 58.9 (9) for a cannabis delivery service: |
---|
1838 | | - | 58.10 (i) an application fee of $250; |
---|
1839 | | - | 58.11 (ii) an initial license fee of $500; and |
---|
1840 | | - | 58.12 (iii) a renewal license fee of $1,000; |
---|
1841 | | - | 58.13 (10) for a cannabis event organizer: |
---|
1842 | | - | 58.14 (i) an application fee of $750; and |
---|
1843 | | - | 58.15 (ii) an initial license fee of $750; |
---|
1844 | | - | 58.16 (11) for a lower-potency hemp edible manufacturer: |
---|
1845 | | - | 58.17 (i) an application fee of $250; |
---|
1846 | | - | 58.18 (ii) an initial license fee of $1,000; and |
---|
1847 | | - | 58.19 (iii) a renewal license fee of $1,000; |
---|
1848 | | - | 58.20 (12) for a lower-potency hemp edible wholesaler: |
---|
1849 | | - | 58.21 (i) an application fee of $250; |
---|
1850 | | - | 58.22 (ii) an initial license fee of $10,000; and |
---|
1851 | | - | 58.23 (iii) a renewal license fee of $10,000; |
---|
1852 | | - | 58.24 (12) (13) for a lower-potency hemp edible retailer: |
---|
1853 | | - | 58.25 (i) an application fee of $250 or, if the lower-potency hemp retailer operates more than |
---|
1854 | | - | 58.26one retail location, $250 per retail location; |
---|
1855 | | - | 58.27 (ii) an initial license fee of $250 or, if the lower-potency hemp retailer operates more |
---|
1856 | | - | 58.28than one retail location, $250 per retail location; and |
---|
1857 | | - | 58Article 3 Sec. 9. |
---|
1858 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 59.1 (iii) a renewal license fee of $250 or, if the lower-potency hemp retailer operates more |
---|
1859 | | - | 59.2than one retail location, $250 per retail location; and |
---|
1860 | | - | 59.3 (13) (14) for a medical cannabis combination business: |
---|
1861 | | - | 59.4 (i) an application fee of $10,000; |
---|
1862 | | - | 59.5 (ii) an initial license fee of $20,000; and |
---|
1863 | | - | 59.6 (iii) a renewal license fee of $70,000. |
---|
1864 | | - | 59.7 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
1865 | | - | 59.8 Sec. 10. Minnesota Statutes 2024, section 342.13, is amended to read: |
---|
1866 | | - | 59.9 342.13 LOCAL CONTROL. |
---|
1867 | | - | 59.10 (a) A local unit of government may not prohibit the possession, transportation, or use |
---|
1868 | | - | 59.11of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived |
---|
1869 | | - | 59.12consumer products authorized under this chapter. |
---|
1870 | | - | 59.13 (b) Except as provided in section 342.22, a local unit of government may not prohibit |
---|
1871 | | - | 59.14the establishment or operation of a cannabis business or hemp business licensed under this |
---|
1872 | | - | 59.15chapter. |
---|
1873 | | - | 59.16 (c) A local unit of government may adopt reasonable restrictions on the time, place, and |
---|
1874 | | - | 59.17manner of the operation of a cannabis business provided that such restrictions do not prohibit |
---|
1875 | | - | 59.18the establishment or operation of cannabis businesses. A local unit of government may |
---|
1876 | | - | 59.19prohibit the operation of a cannabis business within 1,000 feet of a school, or 500 feet of a |
---|
1877 | | - | 59.20day care, residential treatment facility, or an attraction within a public park that is regularly |
---|
1878 | | - | 59.21used by minors, including a playground or athletic field. |
---|
1879 | | - | 59.22 (d) The office shall work with local units of government to: |
---|
1880 | | - | 59.23 (1) develop model ordinances for reasonable restrictions on the time, place, and manner |
---|
1881 | | - | 59.24of the operation of a cannabis business; |
---|
1882 | | - | 59.25 (2) develop standardized forms and procedures for the issuance of a retail registration |
---|
1883 | | - | 59.26pursuant to section 342.22; and |
---|
1884 | | - | 59.27 (3) develop model policies and procedures for the performance of compliance checks |
---|
1885 | | - | 59.28required under section 342.22. |
---|
1886 | | - | 59.29 (e) If a local unit of government is conducting studies or has authorized a study to be |
---|
1887 | | - | 59.30conducted or has held or has scheduled a hearing for the purpose of considering adoption |
---|
1888 | | - | 59.31or amendment of reasonable restrictions on the time, place, and manner of the operation of |
---|
1889 | | - | 59Article 3 Sec. 10. |
---|
1890 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 60.1a cannabis business, the governing body of the local unit of government may adopt an |
---|
1891 | | - | 60.2interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting |
---|
1892 | | - | 60.3the planning process and the health, safety, and welfare of its citizens. Before adopting the |
---|
1893 | | - | 60.4interim ordinance, the governing body must hold a public hearing. The interim ordinance |
---|
1894 | | - | 60.5may regulate, restrict, or prohibit the operation of a cannabis business within the jurisdiction |
---|
1895 | | - | 60.6or a portion thereof until January 1, 2025. |
---|
1896 | | - | 60.7 (f) Within 30 days of receiving a copy of an application from the office, a local unit of |
---|
1897 | | - | 60.8government shall certify on a form provided by the office whether a proposed cannabis |
---|
1898 | | - | 60.9business complies with local zoning ordinances and, if applicable, whether the proposed |
---|
1899 | | - | 60.10business complies with the state fire code and building code. The office may not issue a |
---|
1900 | | - | 60.11license if the local unit of government informs the office that the cannabis business does |
---|
1901 | | - | 60.12not meet local zoning and land use laws. If the local unit of government does not provide |
---|
1902 | | - | 60.13the certification to the office within 30 days of receiving a copy of an application from the |
---|
1903 | | - | 60.14office, the office may issue a license. |
---|
1904 | | - | 60.15 (g) The office by rule shall establish an expedited complaint process to receive, review, |
---|
1905 | | - | 60.16and respond to complaints made by a local unit of government about a cannabis business. |
---|
1906 | | - | 60.17At a minimum, the expedited complaint process shall require the office to provide an initial |
---|
1907 | | - | 60.18response to the complaint within seven days and perform any necessary inspections within |
---|
1908 | | - | 60.1930 days. Nothing in this paragraph prohibits a local unit of government from enforcing a |
---|
1909 | | - | 60.20local ordinance. If a local unit of government notifies the office that a cannabis business |
---|
1910 | | - | 60.21other than a cannabis retailer, cannabis microbusiness or, cannabis mezzobusiness or |
---|
1911 | | - | 60.22lower-potency hemp edible retailer with a retail operations endorsement, lower-potency |
---|
1912 | | - | 60.23hemp edible retailer, or medical cannabis combination business operating a retail location |
---|
1913 | | - | 60.24poses an immediate threat to the health or safety of the public, the office must respond |
---|
1914 | | - | 60.25within one business day and may take any action described in section 342.19 or 342.21. |
---|
1915 | | - | 60.26 (h) A local government unit that issues a cannabis retailer registration under section |
---|
1916 | | - | 60.27342.22 may, by ordinance, limit the number of licensed cannabis retailers, cannabis |
---|
1917 | | - | 60.28mezzobusinesses with a retail operations endorsement, and cannabis microbusinesses with |
---|
1918 | | - | 60.29a retail operations endorsement to no fewer than one registration for every 12,500 residents. |
---|
1919 | | - | 60.30 (i) If a county has one active registration for every 12,500 residents, a city or town within |
---|
1920 | | - | 60.31the county is not obligated to register a cannabis business. |
---|
1921 | | - | 60.32 (j) Nothing in this section shall prohibit a local government unit from allowing licensed |
---|
1922 | | - | 60.33cannabis retailers in excess of the minimums set in paragraph (h). |
---|
1923 | | - | 60Article 3 Sec. 10. |
---|
1924 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 61.1 (k) Notwithstanding the foregoing provisions, the state shall not issue a license to any |
---|
1925 | | - | 61.2cannabis business to operate in Indian country, as defined in United States Code, title 18, |
---|
1926 | | - | 61.3section 1151, of a Minnesota Tribal government without the consent of the Tribal |
---|
1927 | | - | 61.4government. |
---|
1928 | | - | 61.5 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
1929 | | - | 61.6 Sec. 11. Minnesota Statutes 2024, section 342.18, subdivision 2, is amended to read: |
---|
1930 | | - | 61.7 Subd. 2.Vertical integration prohibited; exceptions.(a) Except as otherwise provided |
---|
1931 | | - | 61.8in this subdivision, the office shall not issue licenses to a single applicant that would result |
---|
1932 | | - | 61.9in the applicant being vertically integrated in violation of the provisions of this chapter. |
---|
1933 | | - | 61.10 (b) Nothing in this section prohibits or limits the issuance of microbusiness licenses, |
---|
1934 | | - | 61.11mezzobusiness licenses, or medical cannabis combination business licenses, or the issuance |
---|
1935 | | - | 61.12of both lower-potency hemp edible manufacturer, lower-potency hemp edible wholesaler, |
---|
1936 | | - | 61.13and lower-potency hemp edible retailer licenses to the same person or entity. |
---|
1937 | | - | 61.14 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
1938 | | - | 61.15Sec. 12. Minnesota Statutes 2024, section 342.22, is amended by adding a subdivision to |
---|
1939 | | - | 61.16read: |
---|
1940 | | - | 61.17 Subd. 6.Exception; exclusive delivery services.The requirements of this section do |
---|
1941 | | - | 61.18not apply to a lower-potency hemp edible retailer with a delivery endorsement if the |
---|
1942 | | - | 61.19lower-potency hemp edible retailer does not operate a retail location. |
---|
1943 | | - | 61.20 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
1944 | | - | 61.21Sec. 13. Minnesota Statutes 2024, section 342.34, subdivision 5, is amended to read: |
---|
1945 | | - | 61.22 Subd. 5.Importation of hemp-derived products.(a) A cannabis wholesaler that imports |
---|
1946 | | - | 61.23lower-potency hemp edibles or hemp-derived consumer products, other than hemp-derived |
---|
1947 | | - | 61.24topical products, that are manufactured outside the boundaries of the state of Minnesota |
---|
1948 | | - | 61.25with the intent to sell the products to a cannabis microbusiness, cannabis mezzobusiness, |
---|
1949 | | - | 61.26cannabis retailer, lower-potency hemp edible wholesaler, or lower-potency hemp edible |
---|
1950 | | - | 61.27retailer must obtain a hemp-derived product importer endorsement from the office. |
---|
1951 | | - | 61.28 (b) A cannabis wholesaler with a hemp-derived product importer endorsement may sell |
---|
1952 | | - | 61.29products manufactured outside the boundaries of the state of Minnesota if: |
---|
1953 | | - | 61Article 3 Sec. 13. |
---|
1954 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 62.1 (1) the manufacturer is licensed in another jurisdiction and subject to regulations designed |
---|
1955 | | - | 62.2to protect the health and safety of consumers that the office determines are substantially |
---|
1956 | | - | 62.3similar to the regulations in this state; or |
---|
1957 | | - | 62.4 (2) the cannabis wholesaler establishes, to the satisfaction of the office, that the |
---|
1958 | | - | 62.5manufacturer engages in practices that are substantially similar to the practices required for |
---|
1959 | | - | 62.6licensure of manufacturers in this state. |
---|
1960 | | - | 62.7 (c) The cannabis wholesaler must enter all relevant information regarding an imported |
---|
1961 | | - | 62.8hemp-derived consumer product into the statewide monitoring system before the product |
---|
1962 | | - | 62.9may be distributed. Relevant information includes information regarding the cultivation, |
---|
1963 | | - | 62.10processing, and testing of the industrial hemp used in the manufacture of the product and |
---|
1964 | | - | 62.11information regarding the testing of the hemp-derived consumer product. If information |
---|
1965 | | - | 62.12regarding the industrial hemp or hemp-derived consumer product was submitted to a |
---|
1966 | | - | 62.13statewide monitoring system used in another state, the office may require submission of |
---|
1967 | | - | 62.14any information provided to that statewide monitoring system and shall assist in the transfer |
---|
1968 | | - | 62.15of data from another state as needed and in compliance with any data classification |
---|
1969 | | - | 62.16established by either state. |
---|
1970 | | - | 62.17 (d) The office may suspend, revoke, or cancel the endorsement of a distributor who is |
---|
1971 | | - | 62.18prohibited from distributing products containing cannabinoids in any other jurisdiction, |
---|
1972 | | - | 62.19convicted of an offense involving the distribution of products containing cannabinoids in |
---|
1973 | | - | 62.20any other jurisdiction, or found liable for distributing any product that injured customers in |
---|
1974 | | - | 62.21any other jurisdiction. A cannabis wholesaler shall disclose all relevant information related |
---|
1975 | | - | 62.22to actions in another jurisdiction. Failure to disclose relevant information may result in |
---|
1976 | | - | 62.23disciplinary action by the office, including the suspension, revocation, or cancellation of |
---|
1977 | | - | 62.24an endorsement or license. |
---|
1978 | | - | 62.25 (e) Notwithstanding any law to the contrary, it shall not be a defense in any civil or |
---|
1979 | | - | 62.26criminal action that a licensed wholesaler relied on information on a product label or |
---|
1980 | | - | 62.27otherwise provided by a manufacturer who is not licensed in this state. |
---|
1981 | | - | 62.28 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
1982 | | - | 62.29Sec. 14. Minnesota Statutes 2024, section 342.39, subdivision 3, is amended to read: |
---|
1983 | | - | 62.30 Subd. 3.Multiple licenses; limits.(a) A person, cooperative, or business holding a |
---|
1984 | | - | 62.31cannabis event organizer license may not hold a cannabis testing facility license, a |
---|
1985 | | - | 62.32lower-potency hemp edible manufacturer license, a lower-potency hemp edible wholesaler |
---|
1986 | | - | 62.33license, or a lower-potency hemp edible retailer license. |
---|
1987 | | - | 62Article 3 Sec. 14. |
---|
1988 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 63.1 (b) The office by rule may limit the number of cannabis event licenses that a person or |
---|
1989 | | - | 63.2business may hold. |
---|
1990 | | - | 63.3 (c) For purposes of this subdivision, restrictions on the number or type of license that a |
---|
1991 | | - | 63.4business may hold apply to every cooperative member or every director, manager, and |
---|
1992 | | - | 63.5general partner of a cannabis business. |
---|
1993 | | - | 63.6 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
1994 | | - | 63.7 Sec. 15. Minnesota Statutes 2024, section 342.43, subdivision 1, is amended to read: |
---|
1995 | | - | 63.8 Subdivision 1.License types.The office shall issue the following types of hemp business |
---|
1996 | | - | 63.9licenses: |
---|
1997 | | - | 63.10 (1) lower-potency hemp edible manufacturer; and |
---|
1998 | | - | 63.11 (2) lower-potency hemp edible wholesaler; and |
---|
1999 | | - | 63.12 (2) (3) lower-potency hemp edible retailer. |
---|
2000 | | - | 63.13 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
2001 | | - | 63.14Sec. 16. Minnesota Statutes 2024, section 342.43, subdivision 2, is amended to read: |
---|
2002 | | - | 63.15 Subd. 2.Multiple licenses; limits.(a) A person, cooperative, or business may hold both |
---|
2003 | | - | 63.16any combination of a lower-potency hemp edible manufacturer, a lower-potency hemp |
---|
2004 | | - | 63.17edible wholesaler, and a lower-potency hemp edible retailer license. |
---|
2005 | | - | 63.18 (b) Nothing in this section prohibits a person, cooperative, or business from holding a |
---|
2006 | | - | 63.19lower-potency hemp edible manufacturer license, a lower-potency hemp edible wholesaler |
---|
2007 | | - | 63.20license, a lower-potency hemp edible retailer license, or both any combination of those |
---|
2008 | | - | 63.21licenses, and also holding a license to cultivate industrial hemp issued pursuant to chapter |
---|
2009 | | - | 63.2218K. |
---|
2010 | | - | 63.23 (c) Nothing in this section prohibits a person, cooperative, or business from holding a |
---|
2011 | | - | 63.24lower-potency hemp edible manufacturer license, a lower-potency hemp edible wholesaler |
---|
2012 | | - | 63.25license, a lower-potency hemp edible retailer license, or both any combination of those |
---|
2013 | | - | 63.26licenses, and also holding any other license, including but not limited to a license to prepare |
---|
2014 | | - | 63.27or sell food; sell tobacco, tobacco-related devices, electronic delivery devices as defined in |
---|
2015 | | - | 63.28section 609.685, subdivision 1, and nicotine and lobelia delivery products as described in |
---|
2016 | | - | 63.29section 609.6855; or manufacture or sell alcoholic beverages as defined in section 340A.101, |
---|
2017 | | - | 63.30subdivision 2. |
---|
2018 | | - | 63Article 3 Sec. 16. |
---|
2019 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 64.1 (d) A person, cooperative, or business holding a lower-potency hemp edible manufacturer |
---|
2020 | | - | 64.2license, a lower-potency hemp edible wholesaler license, a lower-potency hemp edible |
---|
2021 | | - | 64.3retailer license, or both any combination of those licenses, may not hold a cannabis business |
---|
2022 | | - | 64.4license. |
---|
2023 | | - | 64.5 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
2024 | | - | 64.6 Sec. 17. Minnesota Statutes 2024, section 342.44, subdivision 1, is amended to read: |
---|
2025 | | - | 64.7 Subdivision 1.Application; contents.(a) Except as otherwise provided in this |
---|
2026 | | - | 64.8subdivision, the provisions of this chapter relating to license applications, license selection |
---|
2027 | | - | 64.9criteria, general ownership disqualifications and requirements, and general operational |
---|
2028 | | - | 64.10requirements do not apply to hemp businesses. |
---|
2029 | | - | 64.11 (b) The office, by rule, shall establish forms and procedures for the processing of hemp |
---|
2030 | | - | 64.12licenses issued under this chapter. At a minimum, any application to obtain or renew a hemp |
---|
2031 | | - | 64.13license shall include the following information, if applicable: |
---|
2032 | | - | 64.14 (1) the name, address, and date of birth of the applicant; |
---|
2033 | | - | 64.15 (2) the address and legal property description of the business; |
---|
2034 | | - | 64.16 (3) proof of trade name registration; |
---|
2035 | | - | 64.17 (4) certification that the applicant will comply with the requirements of this chapter |
---|
2036 | | - | 64.18relating to the ownership and operation of a hemp business; |
---|
2037 | | - | 64.19 (5) identification of one or more controlling persons or managerial employees as agents |
---|
2038 | | - | 64.20who shall be responsible for dealing with the office on all matters; and |
---|
2039 | | - | 64.21 (6) a statement that the applicant agrees to respond to the office's supplemental requests |
---|
2040 | | - | 64.22for information. |
---|
2041 | | - | 64.23 (c) An applicant for a lower-potency hemp edible manufacturer license must submit an |
---|
2042 | | - | 64.24attestation signed by a bona fide labor organization stating that the applicant has entered |
---|
2043 | | - | 64.25into a labor peace agreement. |
---|
2044 | | - | 64.26 (d) An application on behalf of a corporation or association shall be signed by at least |
---|
2045 | | - | 64.27two officers or managing agents of that entity. |
---|
2046 | | - | 64.28 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
2047 | | - | 64Article 3 Sec. 17. |
---|
2048 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 65.1 Sec. 18. Minnesota Statutes 2024, section 342.45, is amended by adding a subdivision to |
---|
2049 | | - | 65.2read: |
---|
2050 | | - | 65.3 Subd. 6.Building conditions.(a) A lower-potency hemp edible manufacturer must |
---|
2051 | | - | 65.4comply with state and local building, fire, and zoning codes, requirements, and regulations. |
---|
2052 | | - | 65.5 (b) A lower-potency hemp edible manufacturer must ensure that licensed premises are |
---|
2053 | | - | 65.6maintained in a clean and sanitary condition and are free from infestation by insects, rodents, |
---|
2054 | | - | 65.7or other pests. |
---|
2055 | | - | 65.8 Sec. 19. Minnesota Statutes 2024, section 342.45, is amended by adding a subdivision to |
---|
2056 | | - | 65.9read: |
---|
2057 | | - | 65.10 Subd. 7.Manufacture of products for sale in other jurisdictions.(a) Nothing in this |
---|
2058 | | - | 65.11chapter prohibits a lower-potency hemp edible manufacturer from manufacturing, packaging, |
---|
2059 | | - | 65.12labeling, and distributing edible products containing cannabinoids derived from hemp that |
---|
2060 | | - | 65.13do not qualify as lower-potency hemp edibles if: |
---|
2061 | | - | 65.14 (1) the products are intended, distributed, and offered for sale only in jurisdictions other |
---|
2062 | | - | 65.15than Minnesota; |
---|
2063 | | - | 65.16 (2) the products are physically separated from all lower-potency hemp edibles during |
---|
2064 | | - | 65.17the manufacturing, packaging, and labeling process; and |
---|
2065 | | - | 65.18 (3) the products' packaging clearly states that the products are not for sale in Minnesota. |
---|
2066 | | - | 65.19 (b) The office may take enforcement action as provided in sections 342.19 and 342.21 |
---|
2067 | | - | 65.20if the office determines that the lower-potency hemp edible manufacturer: |
---|
2068 | | - | 65.21 (1) sold or offered for sale in Minnesota any edible product containing cannabinoids |
---|
2069 | | - | 65.22derived from hemp that does not qualify as a lower-potency hemp edible; or |
---|
2070 | | - | 65.23 (2) manufactured, distributed, or stored any edible product containing cannabinoids |
---|
2071 | | - | 65.24derived from hemp that does not qualify as a lower-potency hemp edible with the intent |
---|
2072 | | - | 65.25that the product be offered for sale in Minnesota. |
---|
2073 | | - | 65.26Sec. 20. [342.455] LOWER-POTENCY HEMP EDIBLE WHOLESALER. |
---|
2074 | | - | 65.27 Subdivision 1.Authorized actions.A lower-potency hemp edible wholesaler license, |
---|
2075 | | - | 65.28consistent with the specific license endorsement or endorsements, entitles the license holder |
---|
2076 | | - | 65.29to perform any or all of the following within the limits established by this section: |
---|
2077 | | - | 65Article 3 Sec. 20. |
---|
2078 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 66.1 (1) purchase lower-potency hemp edibles from cannabis microbusinesses, cannabis |
---|
2079 | | - | 66.2mezzobusinesses, cannabis cultivators, cannabis manufacturers, cannabis wholesalers, other |
---|
2080 | | - | 66.3lower-potency hemp edible wholesalers, and lower-potency hemp edible manufacturers; |
---|
2081 | | - | 66.4 (2) sell lower-potency hemp edibles to lower-potency hemp edible retailers with a retail |
---|
2082 | | - | 66.5endorsement, cannabis microbusinesses with a retail endorsement, cannabis mezzobusinesses |
---|
2083 | | - | 66.6with a retail endorsement, cannabis retailers, cannabis wholesalers, medical cannabis |
---|
2084 | | - | 66.7combination businesses, and other lower-potency hemp edible wholesalers; |
---|
2085 | | - | 66.8 (3) import lower-potency hemp edibles that contain hemp concentrate or artificially |
---|
2086 | | - | 66.9derived cannabinoids that are derived from hemp plants or hemp plant parts; and |
---|
2087 | | - | 66.10 (4) perform other actions approved by the office. |
---|
2088 | | - | 66.11 Subd. 2.Operations.(a) A lower-potency hemp edible wholesaler must maintain accurate |
---|
2089 | | - | 66.12records and ensure that appropriate labels remain affixed to lower-potency hemp edibles. |
---|
2090 | | - | 66.13 (b) A lower-potency hemp edible wholesaler must maintain compliance with state and |
---|
2091 | | - | 66.14local building, fire, and zoning requirements or regulations and must ensure that the |
---|
2092 | | - | 66.15wholesaler's premises are maintained in a clean and sanitary condition, free from infestation |
---|
2093 | | - | 66.16by insects, rodents, or other pests. |
---|
2094 | | - | 66.17 (c) A lower-potency hemp edible wholesaler may purchase and sell other products or |
---|
2095 | | - | 66.18items for which the wholesaler has a license or an authorization or that do not require a |
---|
2096 | | - | 66.19license or an authorization. Products for which no license or authorization is required include |
---|
2097 | | - | 66.20but are not limited to industrial hemp products, products that contain hemp grain, |
---|
2098 | | - | 66.21hemp-derived topical products, and cannabis paraphernalia. Cannabis paraphernalia includes |
---|
2099 | | - | 66.22but is not limited to childproof packaging containers and other devices designed to ensure |
---|
2100 | | - | 66.23the safe storage and monitoring of cannabis flower and cannabis products in the home to |
---|
2101 | | - | 66.24prevent access by individuals under 21 years of age. |
---|
2102 | | - | 66.25 Subd. 3.Importation of lower-potency hemp edibles; endorsement.(a) A |
---|
2103 | | - | 66.26lower-potency hemp edible wholesaler that imports lower-potency hemp edibles that are |
---|
2104 | | - | 66.27manufactured outside the boundaries of the state of Minnesota with the intent to sell the |
---|
2105 | | - | 66.28products to a cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, cannabis |
---|
2106 | | - | 66.29wholesaler, medical cannabis combination business, other lower-potency hemp edible |
---|
2107 | | - | 66.30wholesaler, or lower-potency hemp edible retailer must obtain a lower-potency hemp edible |
---|
2108 | | - | 66.31importer endorsement from the office. |
---|
2109 | | - | 66Article 3 Sec. 20. |
---|
2110 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 67.1 (b) A lower-potency hemp edible wholesaler with an endorsement issued under this |
---|
2111 | | - | 67.2subdivision may sell products manufactured outside the boundaries of the state of Minnesota |
---|
2112 | | - | 67.3if: |
---|
2113 | | - | 67.4 (1) the manufacturer is licensed in another jurisdiction and subject to regulations designed |
---|
2114 | | - | 67.5to protect the health and safety of consumers that the office determines are substantially |
---|
2115 | | - | 67.6similar to the regulations in this state; or |
---|
2116 | | - | 67.7 (2) the lower-potency hemp edible wholesaler establishes, to the satisfaction of the office, |
---|
2117 | | - | 67.8that the manufacturer engages in practices that are substantially similar to the practices |
---|
2118 | | - | 67.9required for licensure of manufacturers in this state. |
---|
2119 | | - | 67.10 (c) The office may suspend, revoke, or cancel the license or endorsement of a wholesaler |
---|
2120 | | - | 67.11who is prohibited from distributing products containing cannabinoids in any other jurisdiction, |
---|
2121 | | - | 67.12convicted of an offense involving the distribution of products containing cannabinoids in |
---|
2122 | | - | 67.13any other jurisdiction, or found liable for distributing any product that injured customers in |
---|
2123 | | - | 67.14any other jurisdiction. A lower-potency hemp edible wholesaler shall disclose all relevant |
---|
2124 | | - | 67.15information related to actions in another jurisdiction. Failure to disclose relevant information |
---|
2125 | | - | 67.16may result in disciplinary action by the office, including the suspension, revocation, or |
---|
2126 | | - | 67.17cancellation of an endorsement or license. |
---|
2127 | | - | 67.18 (d) Notwithstanding any law to the contrary, it is not a defense in any civil or criminal |
---|
2128 | | - | 67.19action that a wholesaler relied on information on a product label or otherwise provided by |
---|
2129 | | - | 67.20a manufacturer who is not licensed in this state. |
---|
2130 | | - | 67.21 Subd. 4.Transportation of lower-potency hemp edibles; endorsement.(a) A |
---|
2131 | | - | 67.22lower-potency hemp edible wholesaler that transports lower-potency hemp edibles to a |
---|
2132 | | - | 67.23cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, cannabis wholesaler, |
---|
2133 | | - | 67.24medical cannabis combination business, different lower-potency hemp edible wholesaler, |
---|
2134 | | - | 67.25or lower-potency hemp edible retailer must obtain a lower-potency hemp edible transporter |
---|
2135 | | - | 67.26endorsement from the office. |
---|
2136 | | - | 67.27 (b) In addition to the information required to be submitted under section 342.44, |
---|
2137 | | - | 67.28subdivision 1, and rules adopted pursuant to that section, a person, cooperative, or business |
---|
2138 | | - | 67.29seeking a lower-potency hemp edible transporter endorsement must submit the following |
---|
2139 | | - | 67.30information in a form approved by the office: |
---|
2140 | | - | 67.31 (1) an appropriate surety bond, a certificate of insurance, qualifications as a self-insurer, |
---|
2141 | | - | 67.32or other securities or agreements, in the amount of not less than $300,000, for loss of or |
---|
2142 | | - | 67.33damage to cargo; |
---|
2143 | | - | 67Article 3 Sec. 20. |
---|
2144 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 68.1 (2) an appropriate surety bond, a certificate of insurance, qualifications as a self-insurer, |
---|
2145 | | - | 68.2or other securities or agreements, in the amount of not less than $1,000,000, for injury to |
---|
2146 | | - | 68.3one or more persons in any one accident and, if an accident has resulted in injury to or |
---|
2147 | | - | 68.4destruction of property, of not less than $100,000 because of such injury to or destruction |
---|
2148 | | - | 68.5of property of others in any one accident; |
---|
2149 | | - | 68.6 (3) the number and type of equipment the business will use to transport lower-potency |
---|
2150 | | - | 68.7hemp edibles; |
---|
2151 | | - | 68.8 (4) a loading, transporting, and unloading plan; |
---|
2152 | | - | 68.9 (5) a description of the applicant's experience in the distribution or security business; |
---|
2153 | | - | 68.10and |
---|
2154 | | - | 68.11 (6) evidence that the business will comply with the applicable operation requirements |
---|
2155 | | - | 68.12for the license being sought. |
---|
2156 | | - | 68.13 (c) A lower-potency hemp edible wholesaler may transport lower-potency hemp edibles |
---|
2157 | | - | 68.14on public roadways if: |
---|
2158 | | - | 68.15 (1) the lower-potency hemp edibles are in a locked, safe, and secure storage compartment |
---|
2159 | | - | 68.16that is part of the motor vehicle or in a locked storage container that has a separate key or |
---|
2160 | | - | 68.17combination pad; |
---|
2161 | | - | 68.18 (2) the lower-potency hemp edibles are packaged in tamper-evident containers that are |
---|
2162 | | - | 68.19not visible or recognizable from outside the transporting vehicle; |
---|
2163 | | - | 68.20 (3) the lower-potency hemp edible wholesaler has a shipping manifest in the wholesaler's |
---|
2164 | | - | 68.21possession that describes the contents of all tamper-evident containers; |
---|
2165 | | - | 68.22 (4) all departures, arrivals, and stops are appropriately documented; |
---|
2166 | | - | 68.23 (5) no person other than a designated employee enters a vehicle at any time that the |
---|
2167 | | - | 68.24vehicle is transporting lower-potency hemp edibles; |
---|
2168 | | - | 68.25 (6) at all times that the vehicle contains lower-potency hemp edibles, the vehicle is (i) |
---|
2169 | | - | 68.26secured by turning off the ignition, locking all doors and storage compartments, and removing |
---|
2170 | | - | 68.27the operating keys or device, or (ii) attended by a lower-potency hemp edible wholesaler |
---|
2171 | | - | 68.28employee; and |
---|
2172 | | - | 68.29 (7) the lower-potency hemp edible wholesaler complies with any other rules adopted |
---|
2173 | | - | 68.30by the office related to the transportation of lower-potency hemp edibles by a lower-potency |
---|
2174 | | - | 68.31hemp edible wholesaler, except that rules requiring a lower-potency hemp edible wholesaler |
---|
2175 | | - | 68Article 3 Sec. 20. |
---|
2176 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 69.1to randomize delivery times and routes or staff vehicles with multiple employees do not |
---|
2177 | | - | 69.2apply. |
---|
2178 | | - | 69.3 (d) Any vehicle assigned for the purposes of transporting lower-potency hemp edibles |
---|
2179 | | - | 69.4is subject to inspection at any time. |
---|
2180 | | - | 69.5 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
2181 | | - | 69.6 Sec. 21. Minnesota Statutes 2024, section 342.46, subdivision 1, is amended to read: |
---|
2182 | | - | 69.7 Subdivision 1.Sale of lower-potency hemp edibles Authorized actions.(a) A |
---|
2183 | | - | 69.8lower-potency hemp edible retailer may only sell lower-potency hemp edibles to individuals |
---|
2184 | | - | 69.9who are at least 21 years of age. license, consistent with the specific license endorsement |
---|
2185 | | - | 69.10or endorsements, entitles the license holder to perform any or all of the following within |
---|
2186 | | - | 69.11the limits established by this section: |
---|
2187 | | - | 69.12 (b) A lower-potency hemp edible retailer may sell lower-potency hemp edibles that: |
---|
2188 | | - | 69.13 (1) are obtained purchase lower-potency hemp edibles from a licensed Minnesota cannabis |
---|
2189 | | - | 69.14microbusiness, cannabis mezzobusiness, cannabis manufacturer, cannabis wholesaler, or |
---|
2190 | | - | 69.15lower-potency hemp edible manufacturer, or lower-potency hemp edible wholesaler; and |
---|
2191 | | - | 69.16 (2) meet all applicable packaging and labeling requirements sell lower-potency hemp |
---|
2192 | | - | 69.17edibles that meet all packaging and labeling requirements to customers who are at least 21 |
---|
2193 | | - | 69.18years of age; |
---|
2194 | | - | 69.19 (3) transport and deliver lower-potency hemp edibles to customers; and |
---|
2195 | | - | 69.20 (4) perform other actions approved by the office. |
---|
2196 | | - | 69.21 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
2197 | | - | 69.22Sec. 22. Minnesota Statutes 2024, section 342.46, is amended by adding a subdivision to |
---|
2198 | | - | 69.23read: |
---|
2199 | | - | 69.24 Subd. 1a.Retailer operations endorsement.In addition to the information required to |
---|
2200 | | - | 69.25be submitted under section 342.44, subdivision 1, a lower-potency hemp edible retailer that |
---|
2201 | | - | 69.26intends to operate a retail establishment must indicate that intent in the form and manner |
---|
2202 | | - | 69.27approved by the office. |
---|
2203 | | - | 69.28 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
2204 | | - | 69Article 3 Sec. 22. |
---|
2205 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 70.1 Sec. 23. Minnesota Statutes 2024, section 342.46, is amended by adding a subdivision to |
---|
2206 | | - | 70.2read: |
---|
2207 | | - | 70.3 Subd. 1b.Delivery endorsement.(a) In addition to the information required to be |
---|
2208 | | - | 70.4submitted under section 342.44, subdivision 1, a lower-potency hemp edible retailer that |
---|
2209 | | - | 70.5delivers lower-potency hemp edibles must submit the following information in a form |
---|
2210 | | - | 70.6approved by the office: |
---|
2211 | | - | 70.7 (1) proof of insurance for each vehicle; |
---|
2212 | | - | 70.8 (2) a business plan demonstrating policies to avoid sales of lower-potency hemp edibles |
---|
2213 | | - | 70.9to individuals who are under 21 years of age; and |
---|
2214 | | - | 70.10 (3) evidence that the business will comply with the applicable operation requirements |
---|
2215 | | - | 70.11for the license being sought. |
---|
2216 | | - | 70.12 (b) A lower-potency hemp edible retailer with a delivery endorsement: |
---|
2217 | | - | 70.13 (1) must ensure that lower-potency hemp edibles are not visible from outside the delivery |
---|
2218 | | - | 70.14vehicle; |
---|
2219 | | - | 70.15 (2) must ensure that a vehicle that contains lower-potency hemp edibles is (i) secured |
---|
2220 | | - | 70.16by turning off the ignition, locking all doors and storage compartments, and removing the |
---|
2221 | | - | 70.17operating keys or device, or (ii) attended by a lower-potency hemp edible retailer employee; |
---|
2222 | | - | 70.18and |
---|
2223 | | - | 70.19 (3) must not use a vehicle or trailer with an image depicting the types of items being |
---|
2224 | | - | 70.20transported, including but not limited to an image depicting a cannabis or hemp leaf, or a |
---|
2225 | | - | 70.21name suggesting that the delivery vehicle is used for transporting lower-potency hemp |
---|
2226 | | - | 70.22edibles. |
---|
2227 | | - | 70.23 (c) Any vehicle delivering lower-potency hemp edibles is subject to inspection at any |
---|
2228 | | - | 70.24time. |
---|
2229 | | - | 70.25 (d) The office may, by policy, establish limits on the amount of lower-potency hemp |
---|
2230 | | - | 70.26edibles that a single delivery vehicle may transport at any time. If the office establishes |
---|
2231 | | - | 70.27limits under this paragraph, the office must notify all lower-potency hemp edible retailers |
---|
2232 | | - | 70.28with a delivery endorsement of the limit and must post the limit on the office's publicly |
---|
2233 | | - | 70.29accessible website. |
---|
2234 | | - | 70.30 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
2235 | | - | 70Article 3 Sec. 23. |
---|
2236 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 71.1 Sec. 24. Minnesota Statutes 2024, section 342.46, subdivision 3, is amended to read: |
---|
2237 | | - | 71.2 Subd. 3.Age verification.Prior to initiating a sale or completing a delivery, an employee |
---|
2238 | | - | 71.3of the lower-potency hemp edible retailer must verify that the customer is at least 21 years |
---|
2239 | | - | 71.4of age. Section 342.27, subdivision 4, applies to the verification of a customer's age. |
---|
2240 | | - | 71.5 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
2241 | | - | 71.6 Sec. 25. Minnesota Statutes 2024, section 342.46, subdivision 4, is amended to read: |
---|
2242 | | - | 71.7 Subd. 4.Display and storage of lower-potency hemp edibles.A lower-potency hemp |
---|
2243 | | - | 71.8edible retailer operating a retail location shall ensure that all lower-potency hemp edibles, |
---|
2244 | | - | 71.9other than lower-potency hemp edibles that are intended to be consumed as a beverage, are |
---|
2245 | | - | 71.10displayed behind a checkout counter where the public is not permitted or in a locked case. |
---|
2246 | | - | 71.11All lower-potency hemp edibles that are not displayed must be stored in a secure area. |
---|
2247 | | - | 71.12 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
2248 | | - | 71.13Sec. 26. Minnesota Statutes 2024, section 342.46, subdivision 5, is amended to read: |
---|
2249 | | - | 71.14 Subd. 5.Transportation of lower-potency hemp edibles.(a) A lower-potency hemp |
---|
2250 | | - | 71.15edible retailer may transport lower-potency hemp edibles on public roadways provided: |
---|
2251 | | - | 71.16 (1) the lower-potency hemp edibles are in final packaging; |
---|
2252 | | - | 71.17 (2) the lower-potency hemp edibles are packaged in tamper-evident containers that are |
---|
2253 | | - | 71.18not visible or recognizable from outside the transporting vehicle; |
---|
2254 | | - | 71.19 (3) the lower-potency hemp edible retailer has a shipping manifest in the lower-potency |
---|
2255 | | - | 71.20hemp edible retailer's possession that describes the contents of all tamper-evident containers; |
---|
2256 | | - | 71.21 (4) all departures, arrivals, and stops are appropriately documented; |
---|
2257 | | - | 71.22 (5) no person other than a designated employee enters a vehicle at any time that the |
---|
2258 | | - | 71.23vehicle is transporting lower-potency hemp edibles; and |
---|
2259 | | - | 71.24 (6) the lower-potency hemp edible retailer complies with any other rules adopted by the |
---|
2260 | | - | 71.25office, except that rules requiring a lower-potency hemp edible retailer to randomize delivery |
---|
2261 | | - | 71.26times and routes or staff vehicles with multiple employees do not apply. |
---|
2262 | | - | 71.27 (b) Any vehicle assigned for the purposes of transporting lower-potency hemp edibles |
---|
2263 | | - | 71.28is subject to inspection at any time. |
---|
2264 | | - | 71Article 3 Sec. 26. |
---|
2265 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 72.1 (c) The requirements under paragraph (a) do not apply to the delivery of lower-potency |
---|
2266 | | - | 72.2hemp edibles to customers by a lower-potency hemp edible retailer with a delivery |
---|
2267 | | - | 72.3endorsement. |
---|
2268 | | - | 72.4 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
2269 | | - | 72.5 Sec. 27. Minnesota Statutes 2024, section 342.46, subdivision 6, is amended to read: |
---|
2270 | | - | 72.6 Subd. 6.Compliant products.(a) A lower-potency hemp edible retailer shall ensure |
---|
2271 | | - | 72.7that all lower-potency hemp edibles products containing cannabinoids offered for sale |
---|
2272 | | - | 72.8qualify as hemp-derived topical products or lower-potency hemp edibles and comply with |
---|
2273 | | - | 72.9the all applicable limits on the amount and types of cannabinoids that a lower-potency hemp |
---|
2274 | | - | 72.10edible the product can contain, including but not limited to the requirement that lower-potency |
---|
2275 | | - | 72.11hemp edibles:. |
---|
2276 | | - | 72.12 (1) consist of servings that contain no more than five milligrams of delta-9 |
---|
2277 | | - | 72.13tetrahydrocannabinol, no more than 25 milligrams of cannabidiol, no more than 25 milligrams |
---|
2278 | | - | 72.14of cannabigerol, or any combination of those cannabinoids that does not exceed the identified |
---|
2279 | | - | 72.15amounts; |
---|
2280 | | - | 72.16 (2) do not contain more than a combined total of 0.5 milligrams of all other cannabinoids |
---|
2281 | | - | 72.17per serving; and |
---|
2282 | | - | 72.18 (3) do not contain an artificially derived cannabinoid other than delta-9 |
---|
2283 | | - | 72.19tetrahydrocannabinol. |
---|
2284 | | - | 72.20 (b) If a lower-potency hemp edible is packaged in a manner that includes more than a |
---|
2285 | | - | 72.21single serving, the lower-potency hemp edible must indicate each serving by scoring, |
---|
2286 | | - | 72.22wrapping, or other indicators that appear on the lower-potency hemp edible designating the |
---|
2287 | | - | 72.23individual serving size. If it is not possible to indicate a single serving by scoring or use of |
---|
2288 | | - | 72.24another indicator that appears on the product, the lower-potency hemp edible may not be |
---|
2289 | | - | 72.25packaged in a manner that includes more than a single serving in each container, except |
---|
2290 | | - | 72.26that a calibrated dropper, measuring spoon, or similar device for measuring a single serving |
---|
2291 | | - | 72.27may be used for any edible cannabinoid products that are intended to be combined with |
---|
2292 | | - | 72.28food or beverage products prior to consumption. If the lower-potency hemp edible is meant |
---|
2293 | | - | 72.29to be consumed as a beverage, the beverage container may not contain more than two |
---|
2294 | | - | 72.30servings per container. |
---|
2295 | | - | 72.31 (c) A single package containing multiple servings of a lower-potency hemp edible must |
---|
2296 | | - | 72.32contain no more than 50 milligrams of delta-9 tetrahydrocannabinol, 250 milligrams of |
---|
2297 | | - | 72Article 3 Sec. 27. |
---|
2298 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 73.1cannabidiol, 250 milligrams of cannabigerol, or any combination of those cannabinoids that |
---|
2299 | | - | 73.2does not exceed the identified amounts. |
---|
2300 | | - | 73.3 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
2301 | | - | 73.4 Sec. 28. Minnesota Statutes 2024, section 342.46, subdivision 7, is amended to read: |
---|
2302 | | - | 73.5 Subd. 7.Prohibitions.A lower-potency hemp edible retailer may must not: |
---|
2303 | | - | 73.6 (1) sell or deliver lower-potency hemp edibles to an individual who is under 21 years |
---|
2304 | | - | 73.7of age; |
---|
2305 | | - | 73.8 (2) sell or deliver a lower-potency hemp edible to a person who is visibly intoxicated; |
---|
2306 | | - | 73.9 (3) sell or deliver cannabis flower, cannabis products, or hemp-derived consumer |
---|
2307 | | - | 73.10products; |
---|
2308 | | - | 73.11 (4) allow for the dispensing of lower-potency hemp edibles in vending machines; or |
---|
2309 | | - | 73.12 (5) distribute or allow free samples of lower-potency hemp edibles except when the |
---|
2310 | | - | 73.13business is licensed to permit on-site consumption and samples are consumed within its |
---|
2311 | | - | 73.14licensed premises. |
---|
2312 | | - | 73.15 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
2313 | | - | 73.16Sec. 29. Minnesota Statutes 2024, section 342.46, subdivision 9, is amended to read: |
---|
2314 | | - | 73.17 Subd. 9.Posting of notices.A lower-potency hemp edible retailer with a retail |
---|
2315 | | - | 73.18endorsement must post all notices as provided in section 342.27, subdivision 6. |
---|
2316 | | - | 73.19 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
2317 | | - | 73.20Sec. 30. Minnesota Statutes 2024, section 342.62, subdivision 2, is amended to read: |
---|
2318 | | - | 73.21 Subd. 2.Packaging requirements.(a) Except as provided in paragraph (b), all cannabis |
---|
2319 | | - | 73.22flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products |
---|
2320 | | - | 73.23sold to customers or patients must be: |
---|
2321 | | - | 73.24 (1) prepackaged in packaging or a container that is child-resistant, tamper-evident, and |
---|
2322 | | - | 73.25opaque; or |
---|
2323 | | - | 73.26 (2) placed in packaging or a container that is plain, child-resistant, tamper-evident, and |
---|
2324 | | - | 73.27opaque at the final point of sale to a customer. |
---|
2325 | | - | 73.28 (b) The requirement that packaging be child-resistant does not apply to a lower-potency |
---|
2326 | | - | 73.29hemp edible that is intended to be consumed as a beverage. |
---|
2327 | | - | 73Article 3 Sec. 30. |
---|
2328 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 74.1 (c) If a cannabis product, lower-potency hemp edible, or a hemp-derived consumer |
---|
2329 | | - | 74.2product is packaged in a manner that includes more than a single serving, each serving must |
---|
2330 | | - | 74.3be indicated by scoring, wrapping, or other indicators designating the individual serving |
---|
2331 | | - | 74.4size. If the item is a lower-potency hemp edible, serving indicators must meet the |
---|
2332 | | - | 74.5requirements of section 342.46, subdivision 6, paragraph (b). |
---|
2333 | | - | 74.6 (d) Notwithstanding paragraph (c), any edible cannabinoid products that are intended |
---|
2334 | | - | 74.7to be combined with food or beverage products before consumption must indicate a single |
---|
2335 | | - | 74.8serving using one of the following methods: |
---|
2336 | | - | 74.9 (1) the product is packaged in individual servings; |
---|
2337 | | - | 74.10 (2) the product indicates a single serving by scoring or use of another indicator that |
---|
2338 | | - | 74.11appears on the product; or |
---|
2339 | | - | 74.12 (3) the product is sold with a calibrated dropper, measuring spoon, or similar device for |
---|
2340 | | - | 74.13measuring a single serving. |
---|
2341 | | - | 74.14 (e) A package containing multiple servings of a lower-potency hemp edible that is not |
---|
2342 | | - | 74.15intended to be consumed as a beverage must not contain: |
---|
2343 | | - | 74.16 (1) more than 50 milligrams of delta-9 tetrahydrocannabinol; |
---|
2344 | | - | 74.17 (2) more than 1,000 milligrams of cannabidiol, cannabigerol, cannabinol, or |
---|
2345 | | - | 74.18cannabichromene: |
---|
2346 | | - | 74.19 (3) more than the established limit of any other cannabinoid authorized by the office; |
---|
2347 | | - | 74.20or |
---|
2348 | | - | 74.21 (4) any combination of those cannabinoids that exceeds the identified amounts for the |
---|
2349 | | - | 74.22applicable product category. |
---|
2350 | | - | 74.23 (f) A single container containing a lower-potency hemp edible product that is intended |
---|
2351 | | - | 74.24to be consumed as a beverage must not contain: |
---|
2352 | | - | 74.25 (1) more than ten milligrams of delta-9 tetrahydrocannabinol; |
---|
2353 | | - | 74.26 (2) more than 200 milligrams of cannabidiol, cannabigerol, cannabinol, or |
---|
2354 | | - | 74.27cannabichromene; |
---|
2355 | | - | 74.28 (3) more than the established limit of any other cannabinoid authorized by the office; |
---|
2356 | | - | 74.29or |
---|
2357 | | - | 74.30 (4) any combination of those cannabinoids that exceeds the identified amounts for the |
---|
2358 | | - | 74.31applicable product category. |
---|
2359 | | - | 74Article 3 Sec. 30. |
---|
2360 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 75.1 (d) (g) Edible cannabis products and lower-potency hemp edibles containing more than |
---|
2361 | | - | 75.2a single serving must be prepackaged or placed at the final point of sale in packaging or a |
---|
2362 | | - | 75.3container that is resealable. |
---|
2363 | | - | 75.4 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
2364 | | - | 75.5 Sec. 31. Minnesota Statutes 2024, section 342.63, subdivision 5, is amended to read: |
---|
2365 | | - | 75.6 Subd. 5.Content of label; hemp-derived topical products.(a) All hemp-derived topical |
---|
2366 | | - | 75.7products sold to customers must have affixed to the packaging or container of the product |
---|
2367 | | - | 75.8a label that contains at least the following information: |
---|
2368 | | - | 75.9 (1) the manufacturer name, location, phone number, and website; |
---|
2369 | | - | 75.10 (2) the name and address of the independent, accredited laboratory used by the |
---|
2370 | | - | 75.11manufacturer to test the product; |
---|
2371 | | - | 75.12 (3) the net weight or volume of the product in the package or container; |
---|
2372 | | - | 75.13 (4) the type of topical product; |
---|
2373 | | - | 75.14 (5) the amount or percentage of cannabidiol, cannabigerol, or any other cannabinoid, |
---|
2374 | | - | 75.15derivative, or extract of hemp, per serving and in total; |
---|
2375 | | - | 75.16 (6) a list of ingredients; |
---|
2376 | | - | 75.17 (7) a statement that the product does not claim to diagnose, treat, cure, or prevent any |
---|
2377 | | - | 75.18disease and that the product has not been evaluated or approved by the United States Food |
---|
2378 | | - | 75.19and Drug Administration, unless the product has been so approved; and |
---|
2379 | | - | 75.20 (8) any other statements or information required by the office. |
---|
2380 | | - | 75.21 (b) The information required in paragraph (a), clauses (1), (2), and (5), may be provided |
---|
2381 | | - | 75.22through the use of a scannable barcode or matrix barcode that links to a page on a website |
---|
2382 | | - | 75.23maintained by the manufacturer or distributor if that page contains all of the information |
---|
2383 | | - | 75.24required by this subdivision. |
---|
2384 | | - | 75.25Sec. 32. Minnesota Statutes 2024, section 342.65, is amended to read: |
---|
2385 | | - | 75.26 342.65 INDUSTRIAL HEMP; PRODUCTS FOR SALE IN OTHER |
---|
2386 | | - | 75.27JURISDICTIONS. |
---|
2387 | | - | 75.28 (a) Nothing in this chapter shall limit the ability of a person licensed under chapter 18K |
---|
2388 | | - | 75.29to grow industrial hemp for commercial or research purposes, process industrial hemp for |
---|
2389 | | - | 75.30commercial purposes, sell hemp fiber products and hemp grain, manufacture hemp-derived |
---|
2390 | | - | 75Article 3 Sec. 32. |
---|
2391 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 76.1topical products, or perform any other actions authorized by the commissioner of agriculture. |
---|
2392 | | - | 76.2For purposes of this section, "processing" has the meaning given in section 18K.02, |
---|
2393 | | - | 76.3subdivision 5, and does not include the process of creating artificially derived cannabinoids. |
---|
2394 | | - | 76.4 (b) Nothing in this chapter prohibits a person who does not hold a license issued by the |
---|
2395 | | - | 76.5office from manufacturing, packaging, labeling, and distributing products containing |
---|
2396 | | - | 76.6cannabinoids derived from hemp that are not identified in paragraph (a) if: |
---|
2397 | | - | 76.7 (1) the products are intended, distributed, and offered for sale only in jurisdictions other |
---|
2398 | | - | 76.8than Minnesota; and |
---|
2399 | | - | 76.9 (2) the products' packaging clearly states that the products are not for sale in Minnesota. |
---|
2400 | | - | 76.10 (c) The office may take enforcement action as provided in section 342.19, subdivision |
---|
2401 | | - | 76.116, if the office determines that the person: |
---|
2402 | | - | 76.12 (1) sold or offered for sale in Minnesota any product containing cannabinoids that is not |
---|
2403 | | - | 76.13identified in paragraph (a); or |
---|
2404 | | - | 76.14 (2) manufactured, distributed, or stored any product containing cannabinoids derived |
---|
2405 | | - | 76.15from hemp that is not identified in paragraph (a) with the intent that the product be offered |
---|
2406 | | - | 76.16for sale in Minnesota. |
---|
2407 | | - | 76.17Sec. 33. Minnesota Statutes 2024, section 342.66, subdivision 6, is amended to read: |
---|
2408 | | - | 76.18 Subd. 6.Prohibitions.(a) A product sold to consumers under this section must not be |
---|
2409 | | - | 76.19manufactured, marketed, distributed, or intended: |
---|
2410 | | - | 76.20 (1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention |
---|
2411 | | - | 76.21of disease in humans or other animals; |
---|
2412 | | - | 76.22 (2) to affect the structure or any function of the bodies of humans or other animals; |
---|
2413 | | - | 76.23 (3) to be consumed by combustion or vaporization of the product and inhalation of |
---|
2414 | | - | 76.24smoke, aerosol, or vapor from the product; |
---|
2415 | | - | 76.25 (4) to be consumed through chewing; or |
---|
2416 | | - | 76.26 (5) to be consumed through injection or application to nonintact skin or a mucous |
---|
2417 | | - | 76.27membrane or nonintact skin, except for products applied sublingually. |
---|
2418 | | - | 76.28 (b) A product manufactured, marketed, distributed, or sold to consumers under this |
---|
2419 | | - | 76.29section must not: |
---|
2420 | | - | 76.30 (1) consist, in whole or in part, of any filthy, putrid, or decomposed substance; |
---|
2421 | | - | 76Article 3 Sec. 33. |
---|
2422 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT 77.1 (2) have been produced, prepared, packed, or held under unsanitary conditions where |
---|
2423 | | - | 77.2the product may have been rendered injurious to health, or where the product may have |
---|
2424 | | - | 77.3been contaminated with filth; |
---|
2425 | | - | 77.4 (3) be packaged in a container that is composed, in whole or in part, of any poisonous |
---|
2426 | | - | 77.5or deleterious substance that may render the contents injurious to health; |
---|
2427 | | - | 77.6 (4) contain any additives or excipients that have been found by the United States Food |
---|
2428 | | - | 77.7and Drug Administration to be unsafe for human or animal consumption; |
---|
2429 | | - | 77.8 (5) contain a cannabinoid or an amount or percentage of cannabinoids that is different |
---|
2430 | | - | 77.9than the information stated on the label; |
---|
2431 | | - | 77.10 (6) contain a cannabinoid, other than cannabidiol, cannabigerol, or a cannabinoid |
---|
2432 | | - | 77.11approved by the office, in an amount that exceeds the standard established in subdivision |
---|
2433 | | - | 77.122 3, paragraph (c); or |
---|
2434 | | - | 77.13 (7) contain any contaminants for which testing is required by the office in amounts that |
---|
2435 | | - | 77.14exceed the acceptable minimum standards established by the office. |
---|
2436 | | - | 77.15 (c) No product containing any cannabinoid may be sold to any individual who is under |
---|
2437 | | - | 77.1621 years of age. |
---|
2438 | | - | 77Article 3 Sec. 33. |
---|
2439 | | - | REVISOR BD H1615-1HF1615 FIRST ENGROSSMENT Page.Ln 1.26MEDICAL CANNABIS.........................................................................ARTICLE 1 |
---|
2440 | | - | Page.Ln 31.4CANNABIS BUSINESS LICENSING AND OPERATIONS...............ARTICLE 2 |
---|
2441 | | - | Page.Ln 50.3HEMP BUSINESS REGULATIONS.....................................................ARTICLE 3 |
---|
2442 | | - | 1 |
---|
2443 | | - | APPENDIX |
---|
2444 | | - | Article locations for H1615-1 152.22 DEFINITIONS. |
---|
2445 | | - | Subd. 2.Commissioner."Commissioner" means the commissioner of health. |
---|
2446 | | - | 342.151 EMPLOYEES OF LICENSE HOLDERS. |
---|
2447 | | - | Subdivision 1.Definitions.For purposes of this section, a "license holder" includes a cannabis |
---|
2448 | | - | microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis manufacturer, cannabis |
---|
2449 | | - | retailer, cannabis wholesaler, cannabis transporter, cannabis testing facility, cannabis event organizer, |
---|
2450 | | - | cannabis delivery service, lower-potency hemp edible manufacturer, lower-potency hemp edible |
---|
2451 | | - | retailer, or medical cannabis combination business. |
---|
2452 | | - | 342.36 CANNABIS TRANSPORTER OPERATIONS. |
---|
2453 | | - | Subd. 5.Randomized deliveries.A cannabis transporter shall ensure that all delivery times |
---|
2454 | | - | and routes are randomized. |
---|
2455 | | - | 1R |
---|
2456 | | - | APPENDIX |
---|
2457 | | - | Repealed Minnesota Statutes: H1615-1 |
---|
| 29 | + | NINETY-FOURTH SESSION 2.1 (6) be packaged in a way that resembles the trademarked, characteristic, or |
---|
| 30 | + | 2.2product-specialized packaging of any commercially available food product; or |
---|
| 31 | + | 2.3 (7) be packaged in a container that includes a statement, artwork, or design that could |
---|
| 32 | + | 2.4reasonably mislead any person to believe that the package contains anything other than an |
---|
| 33 | + | 2.5edible cannabinoid product. |
---|
| 34 | + | 2.6 (c) An edible cannabinoid product must be prepackaged in packaging or a container that |
---|
| 35 | + | 2.7is child-resistant, tamper-evident, and opaque or placed in packaging or a container that is |
---|
| 36 | + | 2.8child-resistant, tamper-evident, and opaque at the final point of sale to a customer. The |
---|
| 37 | + | 2.9requirement that packaging be child-resistant does not apply to an edible cannabinoid product |
---|
| 38 | + | 2.10that is intended to be consumed as a beverage. |
---|
| 39 | + | 2.11 (d) If an edible cannabinoid product, other than a product that is intended to be consumed |
---|
| 40 | + | 2.12as a beverage, is intended for more than a single use or contains multiple servings, each |
---|
| 41 | + | 2.13serving must be indicated by scoring, wrapping, or other indicators designating the individual |
---|
| 42 | + | 2.14serving size that appear on the edible cannabinoid product. If it is not possible to indicate |
---|
| 43 | + | 2.15a single serving by scoring or use of another indicator that appears on the product, the edible |
---|
| 44 | + | 2.16cannabinoid product may not be packaged in a manner that includes more than a single |
---|
| 45 | + | 2.17serving in each container, except that a calibrated dropper, measuring spoon, or similar |
---|
| 46 | + | 2.18device for measuring a single serving, when sold with the product, may be used for any |
---|
| 47 | + | 2.19edible cannabinoid products that are intended to be combined with food or beverage products |
---|
| 48 | + | 2.20prior to consumption. |
---|
| 49 | + | 2.21 (e) A label containing at least the following information must be affixed to the packaging |
---|
| 50 | + | 2.22or container of all edible cannabinoid products sold to consumers: |
---|
| 51 | + | 2.23 (1) the serving size; |
---|
| 52 | + | 2.24 (2) the cannabinoid profile per serving and in total; |
---|
| 53 | + | 2.25 (3) a list of ingredients, including identification of any major food allergens declared |
---|
| 54 | + | 2.26by name; and |
---|
| 55 | + | 2.27 (4) the following statement: "Keep this product out of reach of children." |
---|
| 56 | + | 2.28 (f) An edible cannabinoid product must not contain more than five milligrams of any |
---|
| 57 | + | 2.29tetrahydrocannabinol in a single serving, except that an edible cannabinoid product that is |
---|
| 58 | + | 2.30intended to be consumed as a beverage may contain no more than ten milligrams of any |
---|
| 59 | + | 2.31tetrahydrocannabinol in a single serving container. An edible cannabinoid product, other |
---|
| 60 | + | 2.32than a product that is intended to be consumed as a beverage, may not contain more than a |
---|
| 61 | + | 2.33total of 50 milligrams of any tetrahydrocannabinol per package. An edible cannabinoid |
---|
| 62 | + | 2Section 1. |
---|
| 63 | + | REVISOR BD/MI 25-0413902/19/25 3.1product that is intended to be consumed as a beverage may not contain more than two |
---|
| 64 | + | 3.2servings per container. |
---|
| 65 | + | 3.3 (g) An edible cannabinoid product may contain delta-8 tetrahydrocannabinol or delta-9 |
---|
| 66 | + | 3.4tetrahydrocannabinol that is extracted from hemp plants or hemp plant parts or is an |
---|
| 67 | + | 3.5artificially derived cannabinoid. Edible cannabinoid products are prohibited from containing |
---|
| 68 | + | 3.6any other artificially derived cannabinoid, including but not limited to THC-P, THC-O, and |
---|
| 69 | + | 3.7HHC, unless the office authorizes use of the artificially derived cannabinoid in edible |
---|
| 70 | + | 3.8cannabinoid products. Edible cannabinoid products are prohibited from containing synthetic |
---|
| 71 | + | 3.9cannabinoids. |
---|
| 72 | + | 3.10 (h) Every person selling edible cannabinoid products to consumers, other than products |
---|
| 73 | + | 3.11that are intended to be consumed as a beverage, must ensure that all edible cannabinoid |
---|
| 74 | + | 3.12products are displayed behind a checkout counter where the public is not permitted or in a |
---|
| 75 | + | 3.13locked case. |
---|
| 76 | + | 3.14 Sec. 2. Minnesota Statutes 2024, section 342.01, subdivision 50, is amended to read: |
---|
| 77 | + | 3.15 Subd. 50.Lower-potency hemp edible.(a) "Lower-potency hemp edible" means any |
---|
| 78 | + | 3.16product that: |
---|
| 79 | + | 3.17 (1) is intended to be eaten or consumed as a beverage by humans; |
---|
| 80 | + | 3.18 (2) contains hemp concentrate or an artificially derived cannabinoid, in combination |
---|
| 81 | + | 3.19with food ingredients; |
---|
| 82 | + | 3.20 (3) is not a drug; |
---|
| 83 | + | 3.21 (4) does not contain a cannabinoid derived from cannabis plants or cannabis flower; |
---|
| 84 | + | 3.22 (5) is a type of product approved for sale by the office or is substantially similar to a |
---|
| 85 | + | 3.23product approved by the office, including but not limited to products that resemble |
---|
| 86 | + | 3.24nonalcoholic beverages, candy, and baked goods; and |
---|
| 87 | + | 3.25 (6) meets either of the requirements in paragraph (b). |
---|
| 88 | + | 3.26 (b) A lower-potency hemp edible includes: |
---|
| 89 | + | 3.27 (1) a product that: |
---|
| 90 | + | 3.28 (i) consists of servings that contain no more than five milligrams of delta-9 |
---|
| 91 | + | 3.29tetrahydrocannabinol; no more than 25 milligrams of cannabidiol, cannabigerol, cannabinol, |
---|
| 92 | + | 3.30or cannabichromene; any other cannabinoid authorized by the office; or any combination |
---|
| 93 | + | 3.31of those cannabinoids that does not exceed the identified amounts, except that a |
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| 94 | + | 3Sec. 2. |
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| 95 | + | REVISOR BD/MI 25-0413902/19/25 4.1lower-potency hemp edible that is intended to be consumed as a beverage may contain no |
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| 96 | + | 4.2more than ten milligrams of delta-9 tetrahydrocannabinol in a single serving container; |
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| 97 | + | 4.3 (ii) does not contain more than a combined total of 0.5 milligrams of all other |
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| 98 | + | 4.4cannabinoids per serving; and |
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| 99 | + | 4.5 (iii) does not contain an artificially derived cannabinoid other than delta-9 |
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| 100 | + | 4.6tetrahydrocannabinol, except that a product may include artificially derived cannabinoids |
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| 101 | + | 4.7created during the process of creating the delta-9 tetrahydrocannabinol that is added to the |
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| 102 | + | 4.8product, if no artificially derived cannabinoid is added to the ingredient containing delta-9 |
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| 103 | + | 4.9tetrahydrocannabinol and the ratio of delta-9 tetrahydrocannabinol to all other artificially |
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| 104 | + | 4.10derived cannabinoids is no less than 20 to one; or |
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| 105 | + | 4.11 (2) a product that: |
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| 106 | + | 4.12 (i) contains hemp concentrate processed or refined without increasing the percentage of |
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| 107 | + | 4.13targeted cannabinoids or altering the ratio of cannabinoids in the extracts or resins of a hemp |
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| 108 | + | 4.14plant or hemp plant parts beyond the variability generally recognized for the method used |
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| 109 | + | 4.15for processing or refining or by an amount needed to reduce the total THC in the hemp |
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| 110 | + | 4.16concentrate; and |
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| 111 | + | 4.17 (ii) consists of servings that contain no more than five milligrams of total THC. |
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| 112 | + | 4.18 Sec. 3. Minnesota Statutes 2024, section 342.46, subdivision 6, is amended to read: |
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| 113 | + | 4.19 Subd. 6.Compliant products.(a) A lower-potency hemp edible retailer shall ensure |
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| 114 | + | 4.20that all lower-potency hemp edibles offered for sale comply with the limits on the amount |
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| 115 | + | 4.21and types of cannabinoids that a lower-potency hemp edible can contain, including but not |
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| 116 | + | 4.22limited to the requirement that lower-potency hemp edibles: |
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| 117 | + | 4.23 (1) consist of servings that contain no more than five milligrams of delta-9 |
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| 118 | + | 4.24tetrahydrocannabinol, no more than 25 milligrams of cannabidiol, no more than 25 milligrams |
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| 119 | + | 4.25of cannabigerol, or any combination of those cannabinoids that does not exceed the identified |
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| 120 | + | 4.26amounts, except that a lower-potency hemp edible that is intended to be consumed as a |
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| 121 | + | 4.27beverage may contain no more than ten milligrams of delta-9 tetrahydrocannabinol in a |
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| 122 | + | 4.28single serving container; |
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| 123 | + | 4.29 (2) do not contain more than a combined total of 0.5 milligrams of all other cannabinoids |
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| 124 | + | 4.30per serving; and |
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| 125 | + | 4.31 (3) do not contain an artificially derived cannabinoid other than delta-9 |
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| 126 | + | 4.32tetrahydrocannabinol. |
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| 127 | + | 4Sec. 3. |
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| 128 | + | REVISOR BD/MI 25-0413902/19/25 5.1 (b) If a lower-potency hemp edible is packaged in a manner that includes more than a |
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| 129 | + | 5.2single serving, the lower-potency hemp edible must indicate each serving by scoring, |
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| 130 | + | 5.3wrapping, or other indicators that appear on the lower-potency hemp edible designating the |
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| 131 | + | 5.4individual serving size. If it is not possible to indicate a single serving by scoring or use of |
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| 132 | + | 5.5another indicator that appears on the product, the lower-potency hemp edible may not be |
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| 133 | + | 5.6packaged in a manner that includes more than a single serving in each container, except |
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| 134 | + | 5.7that a calibrated dropper, measuring spoon, or similar device for measuring a single serving |
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| 135 | + | 5.8may be used for any edible cannabinoid products that are intended to be combined with |
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| 136 | + | 5.9food or beverage products prior to consumption. If the lower-potency hemp edible is meant |
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| 137 | + | 5.10to be consumed as a beverage, the beverage container may not contain more than two |
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| 138 | + | 5.11servings per container. |
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| 139 | + | 5.12 (c) A single package containing multiple servings of a lower-potency hemp edible must |
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| 140 | + | 5.13contain no more than 50 milligrams of delta-9 tetrahydrocannabinol, 250 milligrams of |
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| 141 | + | 5.14cannabidiol, 250 milligrams of cannabigerol, or any combination of those cannabinoids that |
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| 142 | + | 5.15does not exceed the identified amounts. |
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| 143 | + | 5Sec. 3. |
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| 144 | + | REVISOR BD/MI 25-0413902/19/25 |
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