173 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 6.1cannabinoid products. Edible cannabinoid products are prohibited from containing synthetic |
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174 | | - | 6.2cannabinoids. |
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175 | | - | 6.3 (h) Every person selling edible cannabinoid products to consumers, other than products |
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176 | | - | 6.4that are intended to be consumed as a beverage, must ensure that all edible cannabinoid |
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177 | | - | 6.5products are displayed behind a checkout counter where the public is not permitted or in a |
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178 | | - | 6.6locked case. |
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179 | | - | 6.7 Sec. 4. Minnesota Statutes 2024, section 152.22, subdivision 4, is amended to read: |
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180 | | - | 6.8 Subd. 4.Health care practitioner."Health care practitioner" means a Minnesota licensed |
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181 | | - | 6.9Minnesota-licensed doctor of medicine, a Minnesota licensed Minnesota-licensed physician |
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182 | | - | 6.10assistant acting within the scope of authorized practice, or a Minnesota licensed |
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183 | | - | 6.11Minnesota-licensed advanced practice registered nurse who has an active license in good |
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184 | | - | 6.12standing and the primary responsibility for the care and treatment of the qualifying medical |
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185 | | - | 6.13condition of a person an individual diagnosed with a qualifying medical condition. |
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186 | | - | 6.14 Sec. 5. Minnesota Statutes 2024, section 152.22, subdivision 7, is amended to read: |
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187 | | - | 6.15 Subd. 7.Medical cannabis manufacturer."Medical cannabis manufacturer" or |
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188 | | - | 6.16"manufacturer" means an entity registered by the commissioner office to cultivate, acquire, |
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189 | | - | 6.17manufacture, possess, prepare, transfer, transport, supply, or dispense medical cannabis, |
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190 | | - | 6.18delivery devices, or related supplies and educational materials. |
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191 | | - | 6.19 Sec. 6. Minnesota Statutes 2024, section 152.22, subdivision 10, is amended to read: |
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192 | | - | 6.20 Subd. 10.Patient registry number."Patient registry number" means a unique |
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193 | | - | 6.21identification number assigned by the commissioner office to a patient enrolled in the registry |
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194 | | - | 6.22program. |
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195 | | - | 6.23 Sec. 7. Minnesota Statutes 2024, section 152.22, subdivision 13, is amended to read: |
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196 | | - | 6.24 Subd. 13.Registry verification."Registry verification" means the verification provided |
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197 | | - | 6.25by the commissioner office that a patient is enrolled in the registry program and that includes |
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198 | | - | 6.26the patient's name, registry number, and, if applicable, the name of the patient's registered |
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199 | | - | 6.27designated caregiver or parent, legal guardian, or spouse. |
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200 | | - | 6Sec. 7. |
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201 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 7.1 Sec. 8. Minnesota Statutes 2024, section 152.24, is amended to read: |
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202 | | - | 7.2 152.24 FEDERALLY APPROVED CLINICAL TRIALS. |
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203 | | - | 7.3 The commissioner office may prohibit enrollment of a patient in the registry program |
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204 | | - | 7.4if the patient is simultaneously enrolled in a federally approved clinical trial for the treatment |
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205 | | - | 7.5of a qualifying medical condition with medical cannabis. The commissioner office shall |
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206 | | - | 7.6provide information to all patients enrolled in the registry program on the existence of |
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207 | | - | 7.7federally approved clinical trials for the treatment of the patient's qualifying medical condition |
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208 | | - | 7.8with medical cannabis as an alternative to enrollment in the patient registry program. |
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209 | | - | 7.9 Sec. 9. Minnesota Statutes 2024, section 152.25, is amended to read: |
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210 | | - | 7.10 152.25 COMMISSIONER OFFICE DUTIES. |
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211 | | - | 7.11 Subdivision 1.Medical cannabis manufacturer registration.(a) The commissioner |
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212 | | - | 7.12office shall register two in-state manufacturers for the production of all medical cannabis |
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213 | | - | 7.13within the state. A registration agreement between the commissioner office and a |
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214 | | - | 7.14manufacturer is nontransferable. The commissioner office shall register new manufacturers |
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215 | | - | 7.15or reregister the existing manufacturers by December 1 every two years, using the factors |
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216 | | - | 7.16described in this subdivision. The commissioner office shall accept applications after |
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217 | | - | 7.17December 1, 2014, if one of the manufacturers registered before December 1, 2014, ceases |
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218 | | - | 7.18to be registered as a manufacturer. The commissioner's office's determination that no |
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219 | | - | 7.19manufacturer exists to fulfill the duties under sections 152.22 to 152.37 is subject to judicial |
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220 | | - | 7.20review in Ramsey County District Court. Data submitted during the application process are |
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221 | | - | 7.21private data on individuals or nonpublic data as defined in section 13.02 until the |
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222 | | - | 7.22manufacturer is registered under this section. Data on a manufacturer that is registered are |
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223 | | - | 7.23public data, unless the data are trade secret or security information under section 13.37. |
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224 | | - | 7.24 (b) As a condition for registration, a manufacturer must agree to: |
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225 | | - | 7.25 (1) begin supplying medical cannabis to patients by July 1, 2015; and |
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226 | | - | 7.26 (2) comply with all requirements under sections 152.22 to 152.37. |
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227 | | - | 7.27 (c) The commissioner office shall consider the following factors when determining |
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228 | | - | 7.28which manufacturer to register: |
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229 | | - | 7.29 (1) the technical expertise of the manufacturer in cultivating medical cannabis and |
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230 | | - | 7.30converting the medical cannabis into an acceptable delivery method under section 152.22, |
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231 | | - | 7.31subdivision 6; |
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232 | | - | 7.32 (2) the qualifications of the manufacturer's employees; |
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233 | | - | 7Sec. 9. |
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234 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 8.1 (3) the long-term financial stability of the manufacturer; |
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235 | | - | 8.2 (4) the ability to provide appropriate security measures on the premises of the |
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236 | | - | 8.3manufacturer; |
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237 | | - | 8.4 (5) whether the manufacturer has demonstrated an ability to meet the medical cannabis |
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238 | | - | 8.5production needs required by sections 152.22 to 152.37; and |
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239 | | - | 8.6 (6) the manufacturer's projection and ongoing assessment of fees on patients with a |
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240 | | - | 8.7qualifying medical condition. |
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241 | | - | 8.8 (d) If an officer, director, or controlling person of the manufacturer pleads or is found |
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242 | | - | 8.9guilty of intentionally diverting medical cannabis to a person other than allowed by law |
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243 | | - | 8.10under section 152.33, subdivision 1, the commissioner office may decide not to renew the |
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244 | | - | 8.11registration of the manufacturer, provided the violation occurred while the person was an |
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245 | | - | 8.12officer, director, or controlling person of the manufacturer. |
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246 | | - | 8.13 (e) The commissioner office shall require each medical cannabis manufacturer to contract |
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247 | | - | 8.14with an independent laboratory to test medical cannabis produced by the manufacturer. The |
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248 | | - | 8.15commissioner office shall approve the laboratory chosen by each manufacturer and require |
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249 | | - | 8.16that the laboratory report testing results to the manufacturer in a manner determined by the |
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250 | | - | 8.17commissioner office. |
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251 | | - | 8.18 Subd. 1a.Revocation or nonrenewal of a medical cannabis manufacturer |
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252 | | - | 8.19registration.If the commissioner office intends to revoke or not renew a registration issued |
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253 | | - | 8.20under this section, the commissioner office must first notify in writing the manufacturer |
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254 | | - | 8.21against whom the action is to be taken and provide the manufacturer with an opportunity |
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255 | | - | 8.22to request a hearing under the contested case provisions of chapter 14. If the manufacturer |
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256 | | - | 8.23does not request a hearing by notifying the commissioner office in writing within 20 days |
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257 | | - | 8.24after receipt of the notice of proposed action, the commissioner office may proceed with |
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258 | | - | 8.25the action without a hearing. For revocations, the registration of a manufacturer is considered |
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259 | | - | 8.26revoked on the date specified in the commissioner's office's written notice of revocation. |
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260 | | - | 8.27 Subd. 1b.Temporary suspension proceedings.The commissioner office may institute |
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261 | | - | 8.28proceedings to temporarily suspend the registration of a medical cannabis manufacturer for |
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262 | | - | 8.29a period of up to 90 days by notifying the manufacturer in writing if any action by an |
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263 | | - | 8.30employee, agent, officer, director, or controlling person of the manufacturer: |
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264 | | - | 8.31 (1) violates any of the requirements of sections 152.22 to 152.37 or the rules adopted |
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265 | | - | 8.32thereunder; |
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266 | | - | 8Sec. 9. |
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267 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 9.1 (2) permits, aids, or abets the commission of any violation of state law at the |
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268 | | - | 9.2manufacturer's location for cultivation, harvesting, manufacturing, packaging, and processing |
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269 | | - | 9.3or at any site for distribution of medical cannabis; |
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270 | | - | 9.4 (3) performs any act contrary to the welfare of a registered patient or registered designated |
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271 | | - | 9.5caregiver; or |
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272 | | - | 9.6 (4) obtains, or attempts to obtain, a registration by fraudulent means or misrepresentation. |
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273 | | - | 9.7 Subd. 1c.Notice to patients.Upon the revocation or nonrenewal of a manufacturer's |
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274 | | - | 9.8registration under subdivision 1a or implementation of an enforcement action under |
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275 | | - | 9.9subdivision 1b that may affect the ability of a registered patient, registered designated |
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276 | | - | 9.10caregiver, or a registered patient's parent, legal guardian, or spouse to obtain medical cannabis |
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277 | | - | 9.11from the manufacturer subject to the enforcement action, the commissioner office shall |
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278 | | - | 9.12notify in writing each registered patient and the patient's registered designated caregiver or |
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279 | | - | 9.13registered patient's parent, legal guardian, or spouse about the outcome of the proceeding |
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280 | | - | 9.14and information regarding alternative registered manufacturers. This notice must be provided |
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281 | | - | 9.15two or more business days prior to the effective date of the revocation, nonrenewal, or other |
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282 | | - | 9.16enforcement action. |
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283 | | - | 9.17 Subd. 2.Range of compounds and dosages; report.The office shall review and publicly |
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284 | | - | 9.18report the existing medical and scientific literature regarding the range of recommended |
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285 | | - | 9.19dosages for each qualifying condition and the range of chemical compositions of any plant |
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286 | | - | 9.20of the genus cannabis that will likely be medically beneficial for each of the qualifying |
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287 | | - | 9.21medical conditions. The office shall make this information available to patients with |
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288 | | - | 9.22qualifying medical conditions beginning December 1, 2014, and update the information |
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289 | | - | 9.23every three years. The office may consult with the independent laboratory under contract |
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290 | | - | 9.24with the manufacturer or other experts in reporting the range of recommended dosages for |
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291 | | - | 9.25each qualifying medical condition, the range of chemical compositions that will likely be |
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292 | | - | 9.26medically beneficial, and any risks of noncannabis drug interactions. The office shall consult |
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293 | | - | 9.27with each manufacturer on an annual basis on medical cannabis offered by the manufacturer. |
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294 | | - | 9.28The list of medical cannabis offered by a manufacturer shall be published on the Office of |
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295 | | - | 9.29Cannabis Management website. |
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296 | | - | 9.30 Subd. 3.Deadlines.The commissioner office shall adopt rules necessary for the |
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297 | | - | 9.31manufacturer to begin distribution of medical cannabis to patients under the registry program |
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298 | | - | 9.32by July 1, 2015, and have notice of proposed rules published in the State Register prior to |
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299 | | - | 9.33January 1, 2015. |
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300 | | - | 9Sec. 9. |
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301 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 10.1 Subd. 4.Reports.(a) The commissioner office shall provide regular updates to the task |
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302 | | - | 10.2force on medical cannabis therapeutic research and; to the chairs and ranking minority |
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303 | | - | 10.3members of the legislative committees with jurisdiction over health and human services, |
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304 | | - | 10.4public safety, judiciary, and civil law; and to the Cannabis Advisory Council under section |
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305 | | - | 10.5342.03 regarding: (1) any changes in federal law or regulatory restrictions regarding the |
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306 | | - | 10.6use of medical cannabis or hemp; and (2) the market demand and supply in this state for |
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307 | | - | 10.7products made from hemp that can be used for medicinal purposes. |
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308 | | - | 10.8 (b) The commissioner office may submit medical research based on the data collected |
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309 | | - | 10.9under sections 152.22 to 152.37 to any federal agency with regulatory or enforcement |
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310 | | - | 10.10authority over medical cannabis to demonstrate the effectiveness of medical cannabis for |
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311 | | - | 10.11treating a qualifying medical condition. |
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312 | | - | 10.12Sec. 10. Minnesota Statutes 2024, section 152.26, is amended to read: |
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313 | | - | 10.13 152.26 RULEMAKING. |
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314 | | - | 10.14 (a) The commissioner office may adopt rules to implement sections 152.22 to 152.37. |
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315 | | - | 10.15Rules for which notice is published in the State Register before January 1, 2015, may be |
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316 | | - | 10.16adopted using the process in section 14.389. |
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317 | | - | 10.17 (b) The commissioner office may adopt or amend rules, using the procedure in section |
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318 | | - | 10.1814.386, paragraph (a), to implement the addition of dried raw cannabis as an allowable form |
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319 | | - | 10.19of medical cannabis under section 152.22, subdivision 6, paragraph (a), clause (4). Section |
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320 | | - | 10.2014.386, paragraph (b), does not apply to these rules. |
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321 | | - | 10.21Sec. 11. Minnesota Statutes 2024, section 152.261, is amended to read: |
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322 | | - | 10.22 152.261 RULES; ADVERSE INCIDENTS. |
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323 | | - | 10.23 (a) The commissioner of health office shall adopt rules to establish requirements for |
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324 | | - | 10.24reporting incidents when individuals who are not authorized to possess medical cannabis |
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325 | | - | 10.25under sections 152.22 to 152.37 are found in possession of medical cannabis. The rules |
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326 | | - | 10.26must identify professionals required to report, the information they are required to report, |
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327 | | - | 10.27and actions the reporter must take to secure the medical cannabis. |
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328 | | - | 10.28 (b) The commissioner of health office shall adopt rules to establish requirements for law |
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329 | | - | 10.29enforcement officials and health care professionals to report incidents involving an overdose |
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330 | | - | 10.30of medical cannabis to the commissioner of health office. |
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331 | | - | 10.31 (c) Rules must include the method by which the commissioner office will collect and |
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332 | | - | 10.32tabulate reports of unauthorized possession and overdose. |
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333 | | - | 10Sec. 11. |
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334 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 11.1 Sec. 12. Minnesota Statutes 2024, section 152.27, subdivision 2, is amended to read: |
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335 | | - | 11.2 Subd. 2.Office duties.(a) The office shall: |
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336 | | - | 11.3 (1) give notice of the program to health care practitioners in the state who are eligible |
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337 | | - | 11.4to serve as health care practitioners and explain the purposes and requirements of the |
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338 | | - | 11.5program; |
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339 | | - | 11.6 (2) allow each health care practitioner who meets or agrees to meet the program's |
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340 | | - | 11.7requirements and who requests to participate, to be included in the registry program to |
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341 | | - | 11.8collect data for the patient registry; |
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342 | | - | 11.9 (3) provide explanatory information and assistance to each health care practitioner in |
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343 | | - | 11.10understanding the nature of therapeutic use of medical cannabis within program requirements; |
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344 | | - | 11.11 (4) create and provide a certification to be used by a health care practitioner for the |
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345 | | - | 11.12practitioner to certify whether a patient has been diagnosed with a qualifying medical |
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346 | | - | 11.13condition; |
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347 | | - | 11.14 (5) supervise the participation of the health care practitioner in conducting patient |
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348 | | - | 11.15treatment and health records reporting in a manner that ensures stringent security and |
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349 | | - | 11.16record-keeping requirements and that prevents the unauthorized release of private data on |
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350 | | - | 11.17individuals as defined by section 13.02; |
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351 | | - | 11.18 (6) develop safety criteria for patients with a qualifying medical condition as a |
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352 | | - | 11.19requirement of the patient's participation in the program, to prevent the patient from |
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353 | | - | 11.20undertaking any task under the influence of medical cannabis that would constitute negligence |
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354 | | - | 11.21or professional malpractice on the part of the patient; and |
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355 | | - | 11.22 (7) conduct research and studies based on data from health records submitted to the |
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356 | | - | 11.23registry program and submit reports on intermediate or final research results to the legislature |
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357 | | - | 11.24and major scientific journals. The office may contract with a third party to complete the |
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358 | | - | 11.25requirements of this clause. Any reports submitted must comply with section 152.28, |
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359 | | - | 11.26subdivision 2. |
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360 | | - | 11.27 (b) The office may add a delivery method under section 152.22, subdivision 6, upon a |
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361 | | - | 11.28petition from a member of the public or the Cannabis Advisory Council under section 342.03 |
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362 | | - | 11.29or as directed by law. If the office wishes to add a delivery method under section 152.22, |
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363 | | - | 11.30subdivision 6, the office must notify the chairs and ranking minority members of the |
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364 | | - | 11.31legislative policy committees having jurisdiction over health and public safety of the addition |
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365 | | - | 11.32and the reasons for its addition, including any written comments received by the office from |
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366 | | - | 11.33the public and any guidance received from the Cannabis Advisory Council under section |
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367 | | - | 11Sec. 12. |
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368 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 12.1342.03, by January 15 of the year in which the office wishes to make the change. The change |
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369 | | - | 12.2shall be effective on August 1 of that year, unless the legislature by law provides otherwise. |
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370 | | - | 12.3 Sec. 13. Minnesota Statutes 2024, section 152.27, subdivision 7, is amended to read: |
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371 | | - | 12.4 Subd. 7.Notice requirements.Patients and registered designated caregivers shall notify |
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372 | | - | 12.5the commissioner office of any address or name change within 30 days of the change having |
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373 | | - | 12.6occurred. A patient or registered designated caregiver is subject to a $100 fine for failure |
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374 | | - | 12.7to notify the commissioner office of the change. |
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375 | | - | 12.8 Sec. 14. Minnesota Statutes 2024, section 152.28, subdivision 1, is amended to read: |
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376 | | - | 12.9 Subdivision 1.Health care practitioner duties.(a) Prior to a patient's enrollment in |
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377 | | - | 12.10the registry program, a health care practitioner shall: |
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378 | | - | 12.11 (1) determine, in the health care practitioner's medical judgment, whether a patient suffers |
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379 | | - | 12.12from a qualifying medical condition, and, if so determined, provide the patient with a |
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380 | | - | 12.13certification of that diagnosis; |
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381 | | - | 12.14 (2) advise patients, registered designated caregivers, and parents, legal guardians, or |
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382 | | - | 12.15spouses who are acting as caregivers of the existence of any nonprofit patient support groups |
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383 | | - | 12.16or organizations; |
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384 | | - | 12.17 (3) provide explanatory information from the office to patients with qualifying medical |
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385 | | - | 12.18conditions, including disclosure to all patients about the experimental nature of therapeutic |
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386 | | - | 12.19use of medical cannabis; the possible risks, benefits, and side effects of the proposed |
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387 | | - | 12.20treatment; the application and other materials from the office; and provide patients with the |
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388 | | - | 12.21Tennessen warning as required by section 13.04, subdivision 2; and |
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389 | | - | 12.22 (4) agree to continue treatment of the patient's qualifying medical condition and report |
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390 | | - | 12.23medical findings to the office. |
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391 | | - | 12.24 (b) Upon notification from the office of the patient's enrollment in the registry program, |
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392 | | - | 12.25the health care practitioner shall: |
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393 | | - | 12.26 (1) participate in the patient registry reporting system under the guidance and supervision |
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394 | | - | 12.27of the office; |
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395 | | - | 12.28 (2) report health records of the patient throughout the ongoing treatment of the patient |
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396 | | - | 12.29to the office in a manner determined by the commissioner office and in accordance with |
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397 | | - | 12.30subdivision 2; |
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398 | | - | 12Sec. 14. |
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399 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 13.1 (3) determine, every three years, if the patient continues to suffer from a qualifying |
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400 | | - | 13.2medical condition and, if so, issue the patient a new certification of that diagnosis; and |
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401 | | - | 13.3 (4) otherwise comply with all requirements developed by the office. |
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402 | | - | 13.4 (c) A health care practitioner may utilize telehealth, as defined in section 62A.673, |
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403 | | - | 13.5subdivision 2, for certifications and recertifications. |
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404 | | - | 13.6 (d) Nothing in this section requires a health care practitioner to participate in the registry |
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405 | | - | 13.7program. |
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406 | | - | 13.8 Sec. 15. Minnesota Statutes 2024, section 152.28, subdivision 3, is amended to read: |
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407 | | - | 13.9 Subd. 3.Advertising restrictions.(a) A health care practitioner shall not publish or |
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408 | | - | 13.10cause to be published any advertisement that: |
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409 | | - | 13.11 (1) contains false or misleading statements about medical cannabis or about the medical |
---|
410 | | - | 13.12cannabis registry program; |
---|
411 | | - | 13.13 (2) uses colloquial terms to refer to medical cannabis, such as pot, weed, or grass; |
---|
412 | | - | 13.14 (3) states or implies the health care practitioner is endorsed by the Department of Health |
---|
413 | | - | 13.15office or by the medical cannabis registry program; |
---|
414 | | - | 13.16 (4) includes images of cannabis in its plant or leaf form or of cannabis-smoking |
---|
415 | | - | 13.17paraphernalia; or |
---|
416 | | - | 13.18 (5) contains medical symbols that could reasonably be confused with symbols of |
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417 | | - | 13.19established medical associations or groups. |
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418 | | - | 13.20 (b) A health care practitioner found by the commissioner office to have violated this |
---|
419 | | - | 13.21subdivision is prohibited from certifying that patients have a qualifying medical condition |
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420 | | - | 13.22for purposes of patient participation in the registry program. The commissioner's office's |
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421 | | - | 13.23decision that a health care practitioner has violated this subdivision is a final decision of |
---|
422 | | - | 13.24the commissioner office and is not subject to the contested case procedures in chapter 14. |
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423 | | - | 13.25Sec. 16. Minnesota Statutes 2024, section 152.29, subdivision 1, is amended to read: |
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424 | | - | 13.26 Subdivision 1.Manufacturer; requirements.(a) A manufacturer may operate eight |
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425 | | - | 13.27distribution facilities, which may include the manufacturer's single location for cultivation, |
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426 | | - | 13.28harvesting, manufacturing, packaging, and processing but is not required to include that |
---|
427 | | - | 13.29location. The commissioner office shall designate the geographical service areas to be served |
---|
428 | | - | 13.30by each manufacturer based on geographical need throughout the state to improve patient |
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429 | | - | 13.31access. A manufacturer shall not have more than two distribution facilities in each |
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430 | | - | 13Sec. 16. |
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431 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 14.1geographical service area assigned to the manufacturer by the commissioner office. A |
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432 | | - | 14.2manufacturer shall operate only one location where all cultivation, harvesting, manufacturing, |
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433 | | - | 14.3packaging, and processing of medical cannabis shall be conducted. This location may be |
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434 | | - | 14.4one of the manufacturer's distribution facility sites. The additional distribution facilities |
---|
435 | | - | 14.5may dispense medical cannabis and medical cannabis products but may not contain any |
---|
436 | | - | 14.6medical cannabis in a form other than those forms allowed under section 152.22, subdivision |
---|
437 | | - | 14.76, and the manufacturer shall not conduct any cultivation, harvesting, manufacturing, |
---|
438 | | - | 14.8packaging, or processing at the other distribution facility sites. Any distribution facility |
---|
439 | | - | 14.9operated by the manufacturer is subject to all of the requirements applying to the |
---|
440 | | - | 14.10manufacturer under sections 152.22 to 152.37, including, but not limited to, security and |
---|
441 | | - | 14.11distribution requirements. |
---|
442 | | - | 14.12 (b) A manufacturer may acquire hemp grown in this state from a hemp grower, and may |
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443 | | - | 14.13acquire hemp products produced by a hemp processor. A manufacturer may manufacture |
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444 | | - | 14.14or process hemp and hemp products into an allowable form of medical cannabis under |
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445 | | - | 14.15section 152.22, subdivision 6. Hemp and hemp products acquired by a manufacturer under |
---|
446 | | - | 14.16this paragraph are subject to the same quality control program, security and testing |
---|
447 | | - | 14.17requirements, and other requirements that apply to medical cannabis under sections 152.22 |
---|
448 | | - | 14.18to 152.37 and Minnesota Rules, chapter 4770. |
---|
449 | | - | 14.19 (c) A medical cannabis manufacturer shall contract with a laboratory approved by the |
---|
450 | | - | 14.20commissioner office, subject to any additional requirements set by the commissioner office, |
---|
451 | | - | 14.21for purposes of testing medical cannabis manufactured or hemp or hemp products acquired |
---|
452 | | - | 14.22by the medical cannabis manufacturer as to content, contamination, and consistency to |
---|
453 | | - | 14.23verify the medical cannabis meets the requirements of section 152.22, subdivision 6. The |
---|
454 | | - | 14.24cost of laboratory testing shall be paid by the manufacturer. |
---|
455 | | - | 14.25 (d) The operating documents of a manufacturer must include: |
---|
456 | | - | 14.26 (1) procedures for the oversight of the manufacturer and procedures to ensure accurate |
---|
457 | | - | 14.27record keeping; |
---|
458 | | - | 14.28 (2) procedures for the implementation of appropriate security measures to deter and |
---|
459 | | - | 14.29prevent the theft of medical cannabis and unauthorized entrance into areas containing medical |
---|
460 | | - | 14.30cannabis; and |
---|
461 | | - | 14.31 (3) procedures for the delivery and transportation of hemp between hemp growers and |
---|
462 | | - | 14.32manufacturers and for the delivery and transportation of hemp products between hemp |
---|
463 | | - | 14.33processors and manufacturers. |
---|
464 | | - | 14Sec. 16. |
---|
465 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 15.1 (e) A manufacturer shall implement security requirements, including requirements for |
---|
466 | | - | 15.2the delivery and transportation of hemp and hemp products, protection of each location by |
---|
467 | | - | 15.3a fully operational security alarm system, facility access controls, perimeter intrusion |
---|
468 | | - | 15.4detection systems, and a personnel identification system. |
---|
469 | | - | 15.5 (f) A manufacturer shall not share office space with, refer patients to a health care |
---|
470 | | - | 15.6practitioner, or have any financial relationship with a health care practitioner. |
---|
471 | | - | 15.7 (g) A manufacturer shall not permit any person to consume medical cannabis on the |
---|
472 | | - | 15.8property of the manufacturer. |
---|
473 | | - | 15.9 (h) A manufacturer is subject to reasonable inspection by the commissioner office. |
---|
474 | | - | 15.10 (i) For purposes of sections 152.22 to 152.37, a medical cannabis manufacturer is not |
---|
475 | | - | 15.11subject to the Board of Pharmacy licensure or regulatory requirements under chapter 151. |
---|
476 | | - | 15.12 (j) A medical cannabis manufacturer may not employ any person who is under 21 years |
---|
477 | | - | 15.13of age or who has been convicted of a disqualifying felony offense. An employee of a |
---|
478 | | - | 15.14medical cannabis manufacturer must submit a completed criminal history records check |
---|
479 | | - | 15.15consent form, a full set of classifiable fingerprints, and the required fees for submission to |
---|
480 | | - | 15.16the Bureau of Criminal Apprehension before an employee may begin working with the |
---|
481 | | - | 15.17manufacturer. The bureau must conduct a Minnesota criminal history records check and |
---|
482 | | - | 15.18the superintendent is authorized to exchange the fingerprints with the Federal Bureau of |
---|
483 | | - | 15.19Investigation to obtain the applicant's national criminal history record information. The |
---|
484 | | - | 15.20bureau shall return the results of the Minnesota and federal criminal history records checks |
---|
485 | | - | 15.21to the commissioner office. |
---|
486 | | - | 15.22 (k) A manufacturer may not operate in any location, whether for distribution or |
---|
487 | | - | 15.23cultivation, harvesting, manufacturing, packaging, or processing, within 1,000 feet of a |
---|
488 | | - | 15.24public or private school existing before the date of the manufacturer's registration with the |
---|
489 | | - | 15.25commissioner office. |
---|
490 | | - | 15.26 (l) A manufacturer shall comply with reasonable restrictions set by the commissioner |
---|
491 | | - | 15.27office relating to signage, marketing, display, and advertising of medical cannabis. |
---|
492 | | - | 15.28 (m) Before a manufacturer acquires hemp from a hemp grower or hemp products from |
---|
493 | | - | 15.29a hemp processor, the manufacturer must verify that the hemp grower or hemp processor |
---|
494 | | - | 15.30has a valid license issued by the commissioner of agriculture under chapter 18K. |
---|
495 | | - | 15.31 (n) Until a state-centralized, seed-to-sale system is implemented that can track a specific |
---|
496 | | - | 15.32medical cannabis plant from cultivation through testing and point of sale, the commissioner |
---|
497 | | - | 15Sec. 16. |
---|
498 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 16.1office shall conduct at least one unannounced inspection per year of each manufacturer that |
---|
499 | | - | 16.2includes inspection of: |
---|
500 | | - | 16.3 (1) business operations; |
---|
501 | | - | 16.4 (2) physical locations of the manufacturer's manufacturing facility and distribution |
---|
502 | | - | 16.5facilities; |
---|
503 | | - | 16.6 (3) financial information and inventory documentation, including laboratory testing |
---|
504 | | - | 16.7results; and |
---|
505 | | - | 16.8 (4) physical and electronic security alarm systems. |
---|
506 | | - | 16.9 Sec. 17. Minnesota Statutes 2024, section 152.29, subdivision 2, is amended to read: |
---|
507 | | - | 16.10 Subd. 2.Manufacturer; production.(a) A manufacturer of medical cannabis shall |
---|
508 | | - | 16.11provide a reliable and ongoing supply of all medical cannabis needed for the registry program |
---|
509 | | - | 16.12through cultivation by the manufacturer and through the purchase of hemp from hemp |
---|
510 | | - | 16.13growers. |
---|
511 | | - | 16.14 (b) All cultivation, harvesting, manufacturing, packaging, and processing of medical |
---|
512 | | - | 16.15cannabis must take place in an enclosed, locked facility at a physical address provided to |
---|
513 | | - | 16.16the commissioner office during the registration process. |
---|
514 | | - | 16.17 (c) A manufacturer must process and prepare any medical cannabis plant material or |
---|
515 | | - | 16.18hemp plant material into a form allowable under section 152.22, subdivision 6, prior to |
---|
516 | | - | 16.19distribution of any medical cannabis. |
---|
517 | | - | 16.20Sec. 18. Minnesota Statutes 2024, section 152.29, subdivision 3a, is amended to read: |
---|
518 | | - | 16.21 Subd. 3a.Transportation of medical cannabis; transport staffing.(a) A medical |
---|
519 | | - | 16.22cannabis manufacturer may staff a transport motor vehicle with only one employee if the |
---|
520 | | - | 16.23medical cannabis manufacturer is transporting medical cannabis to either a certified |
---|
521 | | - | 16.24laboratory for the purpose of testing or a facility for the purpose of disposal. If the medical |
---|
522 | | - | 16.25cannabis manufacturer is transporting medical cannabis for any other purpose or destination, |
---|
523 | | - | 16.26the transport motor vehicle must be staffed with a minimum of two employees as required |
---|
524 | | - | 16.27by rules adopted by the commissioner office. |
---|
525 | | - | 16.28 (b) Notwithstanding paragraph (a), a medical cannabis manufacturer that is only |
---|
526 | | - | 16.29transporting hemp for any purpose may staff the transport motor vehicle with only one |
---|
527 | | - | 16.30employee. |
---|
528 | | - | 16Sec. 18. |
---|
529 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 17.1 (c) A medical cannabis manufacturer may contract with a third party for armored car |
---|
530 | | - | 17.2services for deliveries of medical cannabis from its production facility to distribution |
---|
531 | | - | 17.3facilities. A medical cannabis manufacturer that contracts for armored car services remains |
---|
532 | | - | 17.4responsible for the transportation manifest and inventory tracking requirements in rules |
---|
533 | | - | 17.5adopted by the commissioner office. |
---|
534 | | - | 17.6 (d) Department of Health Office staff may transport medical cannabis for the purposes |
---|
535 | | - | 17.7of delivering medical cannabis and other samples to a laboratory for testing under rules |
---|
536 | | - | 17.8adopted by the commissioner office and in cases of special investigations when the |
---|
537 | | - | 17.9commissioner office has determined there is a potential threat to public health. The transport |
---|
538 | | - | 17.10motor vehicle must be staffed with a minimum of two Department of Health office |
---|
539 | | - | 17.11employees. The employees must carry with them their Department of Health office |
---|
540 | | - | 17.12identification card and a transport manifest. |
---|
541 | | - | 17.13Sec. 19. Minnesota Statutes 2024, section 152.29, subdivision 4, is amended to read: |
---|
542 | | - | 17.14 Subd. 4.Report.(a) Each manufacturer shall report to the commissioner office on a |
---|
543 | | - | 17.15monthly basis the following information on each individual patient for the month prior to |
---|
544 | | - | 17.16the report: |
---|
545 | | - | 17.17 (1) the amount and dosages of medical cannabis distributed; |
---|
546 | | - | 17.18 (2) the chemical composition of the medical cannabis; and |
---|
547 | | - | 17.19 (3) the tracking number assigned to any medical cannabis distributed. |
---|
548 | | - | 17.20 (b) For transactions involving Tribal medical cannabis program patients, each |
---|
549 | | - | 17.21manufacturer shall report to the commissioner office on a weekly basis the following |
---|
550 | | - | 17.22information on each individual Tribal medical cannabis program patient for the week prior |
---|
551 | | - | 17.23to the report: |
---|
552 | | - | 17.24 (1) the name of the Tribal medical cannabis program in which the Tribal medical cannabis |
---|
553 | | - | 17.25program patient is enrolled; |
---|
554 | | - | 17.26 (2) the amount and dosages of medical cannabis distributed; |
---|
555 | | - | 17.27 (3) the chemical composition of the medical cannabis distributed; and |
---|
556 | | - | 17.28 (4) the tracking number assigned to the medical cannabis distributed. |
---|
557 | | - | 17Sec. 19. |
---|
558 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 18.1 Sec. 20. Minnesota Statutes 2024, section 152.31, is amended to read: |
---|
559 | | - | 18.2 152.31 DATA PRACTICES. |
---|
560 | | - | 18.3 (a) Government data in patient files maintained by the commissioner office and the |
---|
561 | | - | 18.4health care practitioner, and data submitted to or by a medical cannabis manufacturer, are |
---|
562 | | - | 18.5private data on individuals, as defined in section 13.02, subdivision 12, or nonpublic data, |
---|
563 | | - | 18.6as defined in section 13.02, subdivision 9, but may be used for purposes of complying with |
---|
564 | | - | 18.7chapter 13 and complying with a request from the legislative auditor or the state auditor in |
---|
565 | | - | 18.8the performance of official duties. The provisions of section 13.05, subdivision 11, apply |
---|
566 | | - | 18.9to a registration agreement entered between the commissioner office and a medical cannabis |
---|
567 | | - | 18.10manufacturer under section 152.25. |
---|
568 | | - | 18.11 (b) Not public data maintained by the commissioner office may not be used for any |
---|
569 | | - | 18.12purpose not provided for in sections 152.22 to 152.37, and may not be combined or linked |
---|
570 | | - | 18.13in any manner with any other list, dataset, or database. |
---|
571 | | - | 18.14 (c) The commissioner office may execute data sharing arrangements with the |
---|
572 | | - | 18.15commissioner of agriculture to verify licensing, inspection, and compliance information |
---|
573 | | - | 18.16related to hemp growers and hemp processors under chapter 18K. |
---|
574 | | - | 18.17Sec. 21. Minnesota Statutes 2024, section 152.32, subdivision 2, is amended to read: |
---|
575 | | - | 18.18 Subd. 2.Criminal and civil protections.(a) Subject to section 152.23, the following |
---|
576 | | - | 18.19are not violations under this chapter: |
---|
577 | | - | 18.20 (1) use or possession of medical cannabis or medical cannabis products by a patient |
---|
578 | | - | 18.21enrolled in the registry program; possession by a registered designated caregiver or the |
---|
579 | | - | 18.22parent, legal guardian, or spouse of a patient if the parent, legal guardian, or spouse is listed |
---|
580 | | - | 18.23on the registry verification; or use or possession of medical cannabis or medical cannabis |
---|
581 | | - | 18.24products by a Tribal medical cannabis program patient; |
---|
582 | | - | 18.25 (2) possession, dosage determination, or sale of medical cannabis or medical cannabis |
---|
583 | | - | 18.26products by a medical cannabis manufacturer, employees of a manufacturer, a Tribal medical |
---|
584 | | - | 18.27cannabis program manufacturer, employees of a Tribal medical cannabis program |
---|
585 | | - | 18.28manufacturer, a laboratory conducting testing on medical cannabis, or employees of the |
---|
586 | | - | 18.29laboratory; and |
---|
587 | | - | 18.30 (3) possession of medical cannabis or medical cannabis products by any person while |
---|
588 | | - | 18.31carrying out the duties required under sections 152.22 to 152.37. |
---|
589 | | - | 18Sec. 21. |
---|
590 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 19.1 (b) Medical cannabis obtained and distributed pursuant to sections 152.22 to 152.37 and |
---|
591 | | - | 19.2associated property is not subject to forfeiture under sections 609.531 to 609.5316. |
---|
592 | | - | 19.3 (c) The commissioner office, members of a Tribal medical cannabis board, the |
---|
593 | | - | 19.4commissioner's office's or Tribal medical cannabis board's staff, the commissioner's office's |
---|
594 | | - | 19.5or Tribal medical cannabis board's agents or contractors, and any health care practitioner |
---|
595 | | - | 19.6are not subject to any civil or disciplinary penalties by the Board of Medical Practice, the |
---|
596 | | - | 19.7Board of Nursing, or by any business, occupational, or professional licensing board or entity, |
---|
597 | | - | 19.8solely for participation in the registry program under sections 152.22 to 152.37 or in a Tribal |
---|
598 | | - | 19.9medical cannabis program. A pharmacist licensed under chapter 151 is not subject to any |
---|
599 | | - | 19.10civil or disciplinary penalties by the Board of Pharmacy when acting in accordance with |
---|
600 | | - | 19.11the provisions of sections 152.22 to 152.37. Nothing in this section affects a professional |
---|
601 | | - | 19.12licensing board from taking action in response to violations of any other section of law. |
---|
602 | | - | 19.13 (d) Notwithstanding any law to the contrary, the commissioner office, the governor of |
---|
603 | | - | 19.14Minnesota, or an employee of any state agency may not be held civilly or criminally liable |
---|
604 | | - | 19.15for any injury, loss of property, personal injury, or death caused by any act or omission |
---|
605 | | - | 19.16while acting within the scope of office or employment under sections 152.22 to 152.37. |
---|
606 | | - | 19.17 (e) Federal, state, and local law enforcement authorities are prohibited from accessing |
---|
607 | | - | 19.18the patient registry under sections 152.22 to 152.37 except when acting pursuant to a valid |
---|
608 | | - | 19.19search warrant. |
---|
609 | | - | 19.20 (f) Notwithstanding any law to the contrary, neither the commissioner office nor a public |
---|
610 | | - | 19.21employee may release data or information about an individual contained in any report, |
---|
611 | | - | 19.22document, or registry created under sections 152.22 to 152.37 or any information obtained |
---|
612 | | - | 19.23about a patient participating in the program, except as provided in sections 152.22 to 152.37. |
---|
613 | | - | 19.24 (g) No information contained in a report, document, or registry or obtained from a patient |
---|
614 | | - | 19.25under sections 152.22 to 152.37 or from a Tribal medical cannabis program patient may be |
---|
615 | | - | 19.26admitted as evidence in a criminal proceeding unless independently obtained or in connection |
---|
616 | | - | 19.27with a proceeding involving a violation of sections 152.22 to 152.37. |
---|
617 | | - | 19.28 (h) Notwithstanding section 13.09, any person who violates paragraph (e) or (f) is guilty |
---|
618 | | - | 19.29of a gross misdemeanor. |
---|
619 | | - | 19.30 (i) An attorney may not be subject to disciplinary action by the Minnesota Supreme |
---|
620 | | - | 19.31Court, a Tribal court, or the professional responsibility board for providing legal assistance |
---|
621 | | - | 19.32to prospective or registered manufacturers or others related to activity that is no longer |
---|
622 | | - | 19.33subject to criminal penalties under state law pursuant to sections 152.22 to 152.37, or for |
---|
623 | | - | 19Sec. 21. |
---|
624 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 20.1providing legal assistance to a Tribal medical cannabis program or a Tribal medical cannabis |
---|
625 | | - | 20.2program manufacturer. |
---|
626 | | - | 20.3 (j) The following do not constitute probable cause or reasonable suspicion, and shall not |
---|
627 | | - | 20.4be used to support a search of the person or property of the person possessing or applying |
---|
628 | | - | 20.5for the registry verification or equivalent, or otherwise subject the person or property of the |
---|
629 | | - | 20.6person to inspection by any governmental agency: |
---|
630 | | - | 20.7 (1) possession of a registry verification or application for enrollment in the registry |
---|
631 | | - | 20.8program by a person entitled to possess a registry verification or apply for enrollment in |
---|
632 | | - | 20.9the registry program; or |
---|
633 | | - | 20.10 (2) possession of a verification or equivalent issued by a Tribal medical cannabis program |
---|
634 | | - | 20.11or application for enrollment in a Tribal medical cannabis program by a person entitled to |
---|
635 | | - | 20.12possess such a verification or application. |
---|
636 | | - | 20.13Sec. 22. Minnesota Statutes 2024, section 152.33, subdivision 1a, is amended to read: |
---|
637 | | - | 20.14 Subd. 1a.Intentional diversion outside the state; penalties.(a) In addition to any other |
---|
638 | | - | 20.15applicable penalty in law, the commissioner office may levy a fine of $250,000 against a |
---|
639 | | - | 20.16manufacturer and may immediately initiate proceedings to revoke the manufacturer's |
---|
640 | | - | 20.17registration, using the procedure in section 152.25, if: |
---|
641 | | - | 20.18 (1) an officer, director, or controlling person of the manufacturer pleads or is found |
---|
642 | | - | 20.19guilty under subdivision 1 of intentionally transferring medical cannabis, while the person |
---|
643 | | - | 20.20was an officer, director, or controlling person of the manufacturer, to a person other than |
---|
644 | | - | 20.21allowed by law; and |
---|
645 | | - | 20.22 (2) in intentionally transferring medical cannabis to a person other than allowed by law, |
---|
646 | | - | 20.23the officer, director, or controlling person transported or directed the transport of medical |
---|
647 | | - | 20.24cannabis outside of Minnesota. |
---|
648 | | - | 20.25 (b) All fines collected under this subdivision shall be deposited in the state government |
---|
649 | | - | 20.26special revenue fund. |
---|
650 | | - | 20.27Sec. 23. Minnesota Statutes 2024, section 152.33, subdivision 4, is amended to read: |
---|
651 | | - | 20.28 Subd. 4.Submission of false records; criminal penalty.A person who knowingly |
---|
652 | | - | 20.29submits false records or documentation required by the commissioner office to register as |
---|
653 | | - | 20.30a manufacturer of medical cannabis under sections 152.22 to 152.37 is guilty of a felony |
---|
654 | | - | 20.31and may be sentenced to imprisonment for not more than two years or by payment of a fine |
---|
655 | | - | 20.32of not more than $3,000, or both. |
---|
656 | | - | 20Sec. 23. |
---|
657 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 21.1 Sec. 24. Minnesota Statutes 2024, section 152.35, is amended to read: |
---|
658 | | - | 21.2 152.35 FEES; DEPOSIT OF REVENUE. |
---|
659 | | - | 21.3 (a) The commissioner office shall collect an application fee of $20,000 from each entity |
---|
660 | | - | 21.4submitting an application for registration as a medical cannabis manufacturer. Revenue |
---|
661 | | - | 21.5from the fee shall be deposited in the state treasury and credited to the state government |
---|
662 | | - | 21.6special revenue fund. |
---|
663 | | - | 21.7 (b) The commissioner office shall establish and collect an annual fee from a medical |
---|
664 | | - | 21.8cannabis manufacturer equal to the cost of regulating and inspecting the manufacturer in |
---|
665 | | - | 21.9that year. Revenue from the fee amount shall be deposited in the state treasury and credited |
---|
666 | | - | 21.10to the state government special revenue fund. |
---|
667 | | - | 21.11 (c) A medical cannabis manufacturer may charge patients enrolled in the registry program |
---|
668 | | - | 21.12a reasonable fee for costs associated with the operations of the manufacturer. The |
---|
669 | | - | 21.13manufacturer may establish a sliding scale of patient fees based upon a patient's household |
---|
670 | | - | 21.14income and may accept private donations to reduce patient fees. |
---|
671 | | - | 21.15Sec. 25. Minnesota Statutes 2024, section 152.37, is amended to read: |
---|
672 | | - | 21.16 152.37 FINANCIAL EXAMINATIONS; PRICING REVIEWS. |
---|
673 | | - | 21.17 Subdivision 1.Financial records.A medical cannabis manufacturer shall maintain |
---|
674 | | - | 21.18detailed financial records in a manner and format approved by the commissioner office, |
---|
675 | | - | 21.19and shall keep all records updated and accessible to the commissioner office when requested. |
---|
676 | | - | 21.20 Subd. 2.Certified annual audit.A medical cannabis manufacturer shall submit the |
---|
677 | | - | 21.21results of an annual certified financial audit to the commissioner office no later than May |
---|
678 | | - | 21.221 of each year for the calendar year beginning January 2015. The annual audit shall be |
---|
679 | | - | 21.23conducted by an independent certified public accountant and the costs of the audit are the |
---|
680 | | - | 21.24responsibility of the medical cannabis manufacturer. Results of the audit shall be provided |
---|
681 | | - | 21.25to the medical cannabis manufacturer and the commissioner office. The commissioner office |
---|
682 | | - | 21.26may also require another audit of the medical cannabis manufacturer by a certified public |
---|
683 | | - | 21.27accountant chosen by the commissioner office with the costs of the audit paid by the medical |
---|
684 | | - | 21.28cannabis manufacturer. |
---|
685 | | - | 21.29 Subd. 3.Power to examine.(a) The commissioner office or designee may examine the |
---|
686 | | - | 21.30business affairs and conditions of any medical cannabis manufacturer, including but not |
---|
687 | | - | 21.31limited to a review of the financing, budgets, revenues, sales, and pricing. |
---|
688 | | - | 21Sec. 25. |
---|
689 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 22.1 (b) An examination may cover the medical cannabis manufacturer's business affairs, |
---|
690 | | - | 22.2practices, and conditions including but not limited to a review of the financing, budgets, |
---|
691 | | - | 22.3revenues, sales, and pricing. The commissioner office shall determine the nature and scope |
---|
692 | | - | 22.4of each examination and in doing so shall take into account all available relevant factors |
---|
693 | | - | 22.5concerning the financial and business affairs, practices, and conditions of the examinee. |
---|
694 | | - | 22.6The costs incurred by the department in conducting an examination shall be paid for by the |
---|
695 | | - | 22.7medical cannabis manufacturer. |
---|
696 | | - | 22.8 (c) When making an examination under this section, the commissioner office may retain |
---|
697 | | - | 22.9attorneys, appraisers, independent economists, independent certified public accountants, or |
---|
698 | | - | 22.10other professionals and specialists as designees. A certified public accountant retained by |
---|
699 | | - | 22.11the commissioner office may not be the same certified public accountant providing the |
---|
700 | | - | 22.12certified annual audit in subdivision 2. |
---|
701 | | - | 22.13 (d) The commissioner office shall make a report of an examination conducted under this |
---|
702 | | - | 22.14section and provide a copy to the medical cannabis manufacturer. The commissioner office |
---|
703 | | - | 22.15shall then post a copy of the report on the department's website. All working papers, recorded |
---|
704 | | - | 22.16information, documents, and copies produced by, obtained by, or disclosed to the |
---|
705 | | - | 22.17commissioner office or any other person in the course of an examination, other than the |
---|
706 | | - | 22.18information contained in any commissioner office official report, made under this section |
---|
707 | | - | 22.19are private data on individuals or nonpublic data, as defined in section 13.02. |
---|
708 | | - | 22.20Sec. 26. Minnesota Statutes 2024, section 342.01, subdivision 9, is amended to read: |
---|
709 | | - | 22.21 Subd. 9.Bona fide labor organization."Bona fide labor organization" means a labor |
---|
710 | | - | 22.22union that represents or is actively seeking to represent cannabis workers. of: |
---|
711 | | - | 22.23 (1) a cannabis business; or |
---|
712 | | - | 22.24 (2) a lower-potency hemp edible manufacturer. |
---|
713 | | - | 22.25Sec. 27. Minnesota Statutes 2024, section 342.01, subdivision 47, is amended to read: |
---|
714 | | - | 22.26 Subd. 47.Labor peace agreement."Labor peace agreement" means an agreement |
---|
715 | | - | 22.27between a cannabis business and a bona fide labor organization or an agreement between |
---|
716 | | - | 22.28a lower-potency hemp edible manufacturer and a bona fide labor organization that protects |
---|
717 | | - | 22.29the state's interests by, at minimum, prohibiting the labor organization from engaging in |
---|
718 | | - | 22.30picketing, work stoppages, or boycotts against the cannabis business or lower-potency hemp |
---|
719 | | - | 22.31edible manufacturer. |
---|
720 | | - | 22Sec. 27. |
---|
721 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 23.1 Sec. 28. Minnesota Statutes 2024, section 342.01, subdivision 50, is amended to read: |
---|
722 | | - | 23.2 Subd. 50.Lower-potency hemp edible.(a) "Lower-potency hemp edible" means any |
---|
723 | | - | 23.3product that: |
---|
724 | | - | 23.4 (1) is intended to be eaten or consumed as a beverage by humans; |
---|
725 | | - | 23.5 (2) contains hemp concentrate or an artificially derived cannabinoid, in combination |
---|
726 | | - | 23.6with food ingredients; |
---|
727 | | - | 23.7 (3) is not a drug; |
---|
728 | | - | 23.8 (4) does not contain a cannabinoid derived from cannabis plants or cannabis flower; |
---|
729 | | - | 23.9 (5) is a type of product approved for sale by the office or is substantially similar to a |
---|
730 | | - | 23.10product approved by the office, including but not limited to products that resemble |
---|
731 | | - | 23.11nonalcoholic beverages, candy, and baked goods; and |
---|
732 | | - | 23.12 (6) meets either of the requirements in paragraph (b). |
---|
733 | | - | 23.13 (b) A lower-potency hemp edible includes: |
---|
734 | | - | 23.14 (1) a product that: |
---|
735 | | - | 23.15 (i) consists of servings that contain no more than five milligrams of delta-9 |
---|
736 | | - | 23.16tetrahydrocannabinol; no more than 25 milligrams of cannabidiol, cannabigerol, cannabinol, |
---|
737 | | - | 23.17or cannabichromene; any other cannabinoid authorized by the office; or any combination |
---|
738 | | - | 23.18of those cannabinoids that does not exceed the identified amounts, except that a |
---|
739 | | - | 23.19lower-potency hemp edible that is intended to be consumed as a beverage may contain no |
---|
740 | | - | 23.20more than ten milligrams of delta-9 tetrahydrocannabinol in a single-serving container; |
---|
741 | | - | 23.21 (ii) does not contain more than a combined total of 0.5 milligrams of all other |
---|
742 | | - | 23.22cannabinoids per serving; and |
---|
743 | | - | 23.23 (iii) does not contain an artificially derived cannabinoid other than delta-9 |
---|
744 | | - | 23.24tetrahydrocannabinol, except that a product may include artificially derived cannabinoids |
---|
745 | | - | 23.25created during the process of creating the delta-9 tetrahydrocannabinol that is added to the |
---|
746 | | - | 23.26product, if no artificially derived cannabinoid is added to the ingredient containing delta-9 |
---|
747 | | - | 23.27tetrahydrocannabinol and the ratio of delta-9 tetrahydrocannabinol to all other artificially |
---|
748 | | - | 23.28derived cannabinoids is no less than 20 to one; or |
---|
749 | | - | 23.29 (2) a product that: |
---|
750 | | - | 23.30 (i) contains hemp concentrate processed or refined without increasing the percentage of |
---|
751 | | - | 23.31targeted cannabinoids or altering the ratio of cannabinoids in the extracts or resins of a hemp |
---|
752 | | - | 23Sec. 28. |
---|
753 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 24.1plant or hemp plant parts beyond the variability generally recognized for the method used |
---|
754 | | - | 24.2for processing or refining or by an amount needed to reduce the total THC in the hemp |
---|
755 | | - | 24.3concentrate; and |
---|
756 | | - | 24.4 (ii) consists of servings that contain no more than five milligrams of total THC. |
---|
757 | | - | 24.5 Sec. 29. Minnesota Statutes 2024, section 342.01, is amended by adding a subdivision to |
---|
758 | | - | 24.6read: |
---|
759 | | - | 24.7 Subd. 54a.Medical cannabis paraphernalia."Medical cannabis paraphernalia" means |
---|
760 | | - | 24.8a delivery device, related supply, or educational material used by a patient enrolled in the |
---|
761 | | - | 24.9registry program to administer medical cannabis and medical cannabinoid products. |
---|
762 | | - | 24.10Sec. 30. Minnesota Statutes 2024, section 342.01, is amended by adding a subdivision to |
---|
763 | | - | 24.11read: |
---|
764 | | - | 24.12 Subd. 69c.Tribal medical cannabis board."Tribal medical cannabis board" means an |
---|
765 | | - | 24.13agency established by a federally recognized Tribal government and authorized by the |
---|
766 | | - | 24.14Tribe's governing body to provide regulatory oversight and monitor compliance with a |
---|
767 | | - | 24.15Tribal medical cannabis program and applicable regulations. |
---|
768 | | - | 24.16Sec. 31. Minnesota Statutes 2024, section 342.01, is amended by adding a subdivision to |
---|
769 | | - | 24.17read: |
---|
770 | | - | 24.18 Subd. 69d.Tribal medical cannabis program."Tribal medical cannabis program" |
---|
771 | | - | 24.19means a program established by a federally recognized Tribal government within the |
---|
772 | | - | 24.20boundaries of Minnesota that involves the commercial production, processing, sale or |
---|
773 | | - | 24.21distribution, and possession of medical cannabis and medical cannabis products. |
---|
774 | | - | 24.22Sec. 32. Minnesota Statutes 2024, section 342.01, is amended by adding a subdivision to |
---|
775 | | - | 24.23read: |
---|
776 | | - | 24.24 Subd. 69e.Tribal medical cannabis program patient."Tribal medical cannabis program |
---|
777 | | - | 24.25patient" means a person who possesses a valid registration verification card or equivalent |
---|
778 | | - | 24.26document that is issued under the laws or regulations of a Tribal Nation within the boundaries |
---|
779 | | - | 24.27of Minnesota. A valid registration verification card must verify that the card holder is |
---|
780 | | - | 24.28enrolled in or authorized to participate in a Tribal medical cannabis program. |
---|
781 | | - | 24Sec. 32. |
---|
782 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 25.1 Sec. 33. Minnesota Statutes 2024, section 342.01, subdivision 71, is amended to read: |
---|
783 | | - | 25.2 Subd. 71.Visiting patient."Visiting patient" means an individual who is not a Minnesota |
---|
784 | | - | 25.3resident and who possesses a valid registration verification card or its equivalent that is |
---|
785 | | - | 25.4issued under the laws or regulations of another state, district, commonwealth, or territory |
---|
786 | | - | 25.5of the United States verifying that the individual is enrolled in or authorized to participate |
---|
787 | | - | 25.6in that jurisdiction's medical cannabis or medical marijuana program or in a Tribal medical |
---|
788 | | - | 25.7cannabis program. |
---|
789 | | - | 25.8 Sec. 34. Minnesota Statutes 2024, section 342.02, subdivision 3, is amended to read: |
---|
790 | | - | 25.9 Subd. 3.Medical cannabis program.(a) The powers and duties of the Department of |
---|
791 | | - | 25.10Health with respect to the medical cannabis program under Minnesota Statutes 2022, sections |
---|
792 | | - | 25.11152.22 to 152.37, are transferred to the Office of Cannabis Management under section |
---|
793 | | - | 25.1215.039. |
---|
794 | | - | 25.13 (b) The following protections shall apply to employees who are transferred from the |
---|
795 | | - | 25.14Department of Health to the Office of Cannabis Management: |
---|
796 | | - | 25.15 (1) the employment status and job classification of a transferred employee shall not be |
---|
797 | | - | 25.16altered as a result of the transfer; |
---|
798 | | - | 25.17 (2) transferred employees who were represented by an exclusive representative prior to |
---|
799 | | - | 25.18the transfer shall continue to be represented by the same exclusive representative after the |
---|
800 | | - | 25.19transfer; |
---|
801 | | - | 25.20 (3) the applicable collective bargaining agreements with exclusive representatives shall |
---|
802 | | - | 25.21continue in full force and effect for such transferred employees after the transfer; |
---|
803 | | - | 25.22 (4) the state must meet and negotiate with the exclusive representatives of the transferred |
---|
804 | | - | 25.23employees about any proposed changes affecting or relating to the transferred employees' |
---|
805 | | - | 25.24terms and conditions of employment to the extent such changes are not addressed in the |
---|
806 | | - | 25.25applicable collective bargaining agreement; and |
---|
807 | | - | 25.26 (5) for an employee in a temporary unclassified position transferred to the Office of |
---|
808 | | - | 25.27Cannabis Management, the total length of time that the employee has served in the |
---|
809 | | - | 25.28appointment shall include all time served in the appointment and the transferring agency |
---|
810 | | - | 25.29and the time served in the appointment at the Office of Cannabis Management. An employee |
---|
811 | | - | 25.30in a temporary unclassified position who was hired by a transferring agency through an |
---|
812 | | - | 25.31open competitive selection process in accordance with a policy enacted by Minnesota |
---|
813 | | - | 25.32Management and Budget shall be considered to have been hired through such process after |
---|
814 | | - | 25.33the transfer. |
---|
815 | | - | 25Sec. 34. |
---|
816 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 26.1 (c) This subdivision is effective July 1, 2024. |
---|
817 | | - | 26.2 Sec. 35. Minnesota Statutes 2024, section 342.09, subdivision 2, is amended to read: |
---|
818 | | - | 26.3 Subd. 2.Home cultivation of cannabis for personal adult use.(a) Up to eight cannabis |
---|
819 | | - | 26.4plants, with no more than four being mature, flowering plants may be grown at a single |
---|
820 | | - | 26.5residence, including the curtilage or yard, without a license to cultivate cannabis issued |
---|
821 | | - | 26.6under this chapter provided that cultivation takes place at the primary residence of an |
---|
822 | | - | 26.7individual 21 years of age or older and in an enclosed, locked space that is not open to public |
---|
823 | | - | 26.8view. |
---|
824 | | - | 26.9 (b) Pursuant to section 342.52, subdivision 9, paragraph (d), a registered designated |
---|
825 | | - | 26.10caregiver may cultivate up to eight cannabis plants for not more than one patient household. |
---|
826 | | - | 26.11In addition to eight cannabis plants for one patient household, a registered designated |
---|
827 | | - | 26.12caregiver may cultivate up to eight cannabis plants for the caregiver's personal adult use of |
---|
828 | | - | 26.13cannabis. Of the 16 or fewer total cannabis plants being grown in the registered caregiver's |
---|
829 | | - | 26.14residence, no more than eight may be mature, flowering plants. |
---|
830 | | - | 26.15Sec. 36. Minnesota Statutes 2024, section 342.12, is amended to read: |
---|
831 | | - | 26.16 342.12 LICENSES; TRANSFERS; ADJUSTMENTS. |
---|
832 | | - | 26.17 (a) Licenses issued under this chapter that are available to all applicants pursuant to |
---|
833 | | - | 26.18section 342.14, subdivision 1b, paragraph (c), may be freely transferred subject to the prior |
---|
834 | | - | 26.19written approval of the office unless the license holder has not received a final site inspection |
---|
835 | | - | 26.20or the license holder is a social equity applicant. |
---|
836 | | - | 26.21 (b) Licenses issued as social equity licenses pursuant to either section 342.14, subdivision |
---|
837 | | - | 26.221b, paragraph (b), or section 342.175, paragraph (b), may only be transferred to another |
---|
838 | | - | 26.23social equity applicant for three years after the date on which the office issues the license. |
---|
839 | | - | 26.24Three years after the date of issuance, a license holder may transfer a license to any entity. |
---|
840 | | - | 26.25Transfer of a license that was issued as a social equity license must be reviewed by the |
---|
841 | | - | 26.26Division of Social Equity and is subject to the prior written approval of the office. |
---|
842 | | - | 26.27 (c) Preliminary license preapproval approval issued pursuant to section 342.125 342.14, |
---|
843 | | - | 26.28subdivision 5, may not be transferred. |
---|
844 | | - | 26.29 (d) A new license must be obtained when: |
---|
845 | | - | 26.30 (1) the form of the licensee's legal business structure converts or changes to a different |
---|
846 | | - | 26.31type of legal business structure; or |
---|
847 | | - | 26Sec. 36. |
---|
848 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 27.1 (2) the licensee dissolves; consolidates; reorganizes; undergoes bankruptcy, insolvency, |
---|
849 | | - | 27.2or receivership proceedings; merges with another legal organization; or assigns all or |
---|
850 | | - | 27.3substantially all of its assets for the benefit of creditors. |
---|
851 | | - | 27.4 (e) Licenses must be renewed annually. |
---|
852 | | - | 27.5 (f) License holders may petition the office to adjust the tier of a license issued within a |
---|
853 | | - | 27.6license category if the license holder meets all applicable requirements. |
---|
854 | | - | 27.7 (g) The office by rule may permit the relocation of a licensed cannabis business; permit |
---|
855 | | - | 27.8the relocation of an approved operational location, including a cultivation, manufacturing, |
---|
856 | | - | 27.9processing, or retail location; adopt requirements for the submission of a license relocation |
---|
857 | | - | 27.10application; establish standards for the approval of a relocation application; and charge a |
---|
858 | | - | 27.11fee not to exceed $250 for reviewing and processing applications. Relocation of a licensed |
---|
859 | | - | 27.12premises pursuant to this paragraph does not extend or otherwise modify the license term |
---|
860 | | - | 27.13of the license subject to relocation. |
---|
861 | | - | 27.14Sec. 37. Minnesota Statutes 2024, section 342.14, subdivision 1, is amended to read: |
---|
862 | | - | 27.15 Subdivision 1.Application; contents.(a) The office shall establish procedures for the |
---|
863 | | - | 27.16processing of cannabis licenses issued under this chapter. At a minimum, any application |
---|
864 | | - | 27.17to obtain or renew a cannabis license shall include the following information, if applicable: |
---|
865 | | - | 27.18 (1) the name, address, and date of birth of the applicant; |
---|
866 | | - | 27.19 (2) the disclosure of ownership and control required under paragraph (b); |
---|
867 | | - | 27.20 (3) the disclosure of whether the applicant or, if the applicant is a business, any officer, |
---|
868 | | - | 27.21director, manager, and general partner of the business has ever filed for bankruptcy; |
---|
869 | | - | 27.22 (4) the address and legal property description of the business, if applicable, except an |
---|
870 | | - | 27.23applicant is not required to secure a physical premises for the business at the time of |
---|
871 | | - | 27.24application; |
---|
872 | | - | 27.25 (5) a general description of the location or locations that the applicant plans to operate, |
---|
873 | | - | 27.26including the planned square feet of space for cultivation, wholesaling, and retailing, as |
---|
874 | | - | 27.27applicable; |
---|
875 | | - | 27.28 (6) a copy of the security plan, including security monitoring, security equipment, and |
---|
876 | | - | 27.29facility maps if applicable, except an applicant is not required to secure a physical premises |
---|
877 | | - | 27.30for the business at the time of application; |
---|
878 | | - | 27.31 (7) proof of trade name registration; |
---|
879 | | - | 27Sec. 37. |
---|
880 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 28.1 (8) a copy of the applicant's business plan showing the expected size of the business; |
---|
881 | | - | 28.2anticipated growth; the methods of record keeping; the knowledge and experience of the |
---|
882 | | - | 28.3applicant and any officer, director, manager, and general partner of the business; the |
---|
883 | | - | 28.4environmental plan; and other relevant financial and operational components; |
---|
884 | | - | 28.5 (9) standard operating procedures for: |
---|
885 | | - | 28.6 (i) quality assurance; |
---|
886 | | - | 28.7 (ii) inventory control, storage, and diversion prevention; and |
---|
887 | | - | 28.8 (iii) accounting and tax compliance; |
---|
888 | | - | 28.9 (10) an attestation signed by a bona fide labor organization stating that the applicant has |
---|
889 | | - | 28.10entered into a labor peace agreement; |
---|
890 | | - | 28.11 (11) a description of any training and education that the applicant will provide to |
---|
891 | | - | 28.12employees of the business; |
---|
892 | | - | 28.13 (12) a disclosure of any violation of a license agreement or a federal, state, or local law |
---|
893 | | - | 28.14or regulation committed by the applicant or any true party of interest in the applicant's |
---|
894 | | - | 28.15business that is relevant to business and working conditions; |
---|
895 | | - | 28.16 (13) certification that the applicant will comply with the requirements of this chapter; |
---|
896 | | - | 28.17 (14) identification of one or more controlling persons or managerial employees as agents |
---|
897 | | - | 28.18who shall be responsible for dealing with the office on all matters; |
---|
898 | | - | 28.19 (15) a statement that the applicant agrees to respond to the office's supplemental requests |
---|
899 | | - | 28.20for information; and |
---|
900 | | - | 28.21 (16) a release of information for the applicant and every true party of interest in the |
---|
901 | | - | 28.22applicant's business license for the office to perform the background checks required under |
---|
902 | | - | 28.23section 342.15.; |
---|
903 | | - | 28.24 (17) proof that the applicant is a social equity applicant; and |
---|
904 | | - | 28.25 (18) an attestation that the applicant's business policies governing business operations |
---|
905 | | - | 28.26comply with this chapter. |
---|
906 | | - | 28.27 (b) An applicant must file and update as necessary a disclosure of ownership and control |
---|
907 | | - | 28.28identifying any true party of interest as defined in section 342.185, subdivision 1, paragraph |
---|
908 | | - | 28.29(g). The office shall establish the contents of the disclosure. Except as provided in paragraph |
---|
909 | | - | 28.30(f) (d), the disclosure shall, at a minimum, include the following: |
---|
910 | | - | 28Sec. 37. |
---|
911 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 29.1 (1) the management structure, ownership, and control of the applicant or license holder, |
---|
912 | | - | 29.2including the name of each cooperative member, officer, director, manager, general partner, |
---|
913 | | - | 29.3or business entity; the office or position held by each person; each person's percentage |
---|
914 | | - | 29.4ownership interest, if any; and, if the business has a parent company, the name of each |
---|
915 | | - | 29.5owner, board member, and officer of the parent company and the owner's, board member's, |
---|
916 | | - | 29.6or officer's percentage ownership interest in the parent company and the cannabis business; |
---|
917 | | - | 29.7 (2) a statement from the applicant and, if the applicant is a business, from every officer, |
---|
918 | | - | 29.8director, manager, and general partner of the business, indicating whether that person has |
---|
919 | | - | 29.9previously held, or currently holds, an ownership interest in a cannabis business in Minnesota, |
---|
920 | | - | 29.10any other state or territory of the United States, or any other country; |
---|
921 | | - | 29.11 (3) if the applicant is a corporation, copies of the applicant's articles of incorporation |
---|
922 | | - | 29.12and bylaws and any amendments to the applicant's articles of incorporation or bylaws; |
---|
923 | | - | 29.13 (4) copies of any partnership agreement, operating agreement, or shareholder agreement; |
---|
924 | | - | 29.14 (5) copies of any promissory notes, security instruments, or other similar agreements; |
---|
925 | | - | 29.15 (6) an explanation detailing the funding sources used to finance the business; |
---|
926 | | - | 29.16 (7) a list of operating and investment accounts for the business, including any applicable |
---|
927 | | - | 29.17financial institution and account number; and |
---|
928 | | - | 29.18 (8) a list of each outstanding loan and financial obligation obtained for use in the business, |
---|
929 | | - | 29.19including the loan amount, loan terms, and name and address of the creditor. |
---|
930 | | - | 29.20 (c) An application may include: |
---|
931 | | - | 29.21 (1) proof that the applicant is a social equity applicant; |
---|
932 | | - | 29.22 (2) a description of the training and education that will be provided to any employee; |
---|
933 | | - | 29.23or |
---|
934 | | - | 29.24 (3) a copy of business policies governing operations to ensure compliance with this |
---|
935 | | - | 29.25chapter. |
---|
936 | | - | 29.26 (d) (c) Commitments made by an applicant in its application, including but not limited |
---|
937 | | - | 29.27to the maintenance of a labor peace agreement, shall be an ongoing material condition of |
---|
938 | | - | 29.28maintaining and renewing the license. |
---|
939 | | - | 29.29 (e) An application on behalf of a corporation or association shall be signed by at least |
---|
940 | | - | 29.30two officers or managing agents of that entity. |
---|
941 | | - | 29Sec. 37. |
---|
942 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 30.1 (f) (d) The office may establish exceptions to the disclosures required under paragraph |
---|
943 | | - | 30.2(b) for members of a cooperative who hold less than a five percent ownership interest in |
---|
944 | | - | 30.3the cooperative. |
---|
945 | | - | 30.4 Sec. 38. Minnesota Statutes 2024, section 342.14, subdivision 3, is amended to read: |
---|
946 | | - | 30.5 Subd. 3.Review.(a) After an applicant submits an application that contains all required |
---|
947 | | - | 30.6information and pays the applicable licensing application fee, the office must review the |
---|
948 | | - | 30.7application. |
---|
949 | | - | 30.8 (b) The office may deny an application if: |
---|
950 | | - | 30.9 (1) the application is incomplete; |
---|
951 | | - | 30.10 (2) the application contains a materially false statement about the applicant or omits |
---|
952 | | - | 30.11information required under subdivision 1; |
---|
953 | | - | 30.12 (3) the applicant does not meet the qualifications under section 342.16; |
---|
954 | | - | 30.13 (4) the applicant is prohibited from holding the license under section 342.18, subdivision |
---|
955 | | - | 30.142; |
---|
956 | | - | 30.15 (5) the application does not meet the minimum requirements under section 342.18, |
---|
957 | | - | 30.16subdivision 3; |
---|
958 | | - | 30.17 (6) the applicant fails to pay the applicable application fee; |
---|
959 | | - | 30.18 (7) the application was not submitted by the application deadline; |
---|
960 | | - | 30.19 (8) the applicant submitted more than one application for a license type; or |
---|
961 | | - | 30.20 (9) the office determines that the applicant would be prohibited from holding a license |
---|
962 | | - | 30.21for any other reason. |
---|
963 | | - | 30.22 (c) If the office denies an application, the office must notify the applicant of the denial |
---|
964 | | - | 30.23and the basis for the denial. |
---|
965 | | - | 30.24 (d) The office may request additional information from any applicant if the office |
---|
966 | | - | 30.25determines that the information is necessary to review or process the application. If the |
---|
967 | | - | 30.26applicant does not provide the additional requested information within 14 calendar days of |
---|
968 | | - | 30.27the office's request for information, the office may deny the application. |
---|
969 | | - | 30.28 (e) An applicant whose application is not denied under this subdivision is a qualified |
---|
970 | | - | 30.29applicant. |
---|
971 | | - | 30Sec. 38. |
---|
972 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 31.1 Sec. 39. Minnesota Statutes 2024, section 342.14, subdivision 6, is amended to read: |
---|
973 | | - | 31.2 Subd. 6.Completed application; final authorization; issuance of license.(a) Within |
---|
974 | | - | 31.318 months of receiving notice of preliminary license approval, an applicant must provide: |
---|
975 | | - | 31.4 (1) the address and legal property description of the location where the business will |
---|
976 | | - | 31.5operate; |
---|
977 | | - | 31.6 (2) the name of the local unit of government where the business will be located; and |
---|
978 | | - | 31.7 (3) if applicable, an updated description of the location where the business will operate, |
---|
979 | | - | 31.8an updated security plan, and any other additional information required by the office. |
---|
980 | | - | 31.9 (b) Upon receipt of the information required under paragraph (a) from an applicant that |
---|
981 | | - | 31.10has received preliminary license approval, the office must: |
---|
982 | | - | 31.11 (1) forward a copy of the application to the local unit of government in which the business |
---|
983 | | - | 31.12operates or intends to operate with a form for certification as to whether a proposed cannabis |
---|
984 | | - | 31.13business complies with local zoning ordinances and, if applicable, whether the proposed |
---|
985 | | - | 31.14business complies with the state fire code and building code; |
---|
986 | | - | 31.15 (2) schedule a site inspection; and |
---|
987 | | - | 31.16 (3) require the applicant to pay the applicable license fee. |
---|
988 | | - | 31.17 (c) The office may deny final authorization if: |
---|
989 | | - | 31.18 (1) an applicant fails to submit any required information; |
---|
990 | | - | 31.19 (2) the applicant submits a materially false statement about the applicant or fails to |
---|
991 | | - | 31.20provide any required information; |
---|
992 | | - | 31.21 (3) the office confirms that the cannabis business for which the office granted a |
---|
993 | | - | 31.22preliminary license preapproval approval does not meet local zoning and land use laws; |
---|
994 | | - | 31.23 (4) the applicant fails to pay the applicable license fee; or |
---|
995 | | - | 31.24 (5) the office determines that the applicant is disqualified from holding the license or |
---|
996 | | - | 31.25would operate in violation of the provisions of this chapter. |
---|
997 | | - | 31.26 (d) Within 90 days of receiving the information required under paragraph (a) and the |
---|
998 | | - | 31.27results of any required background check, the office shall grant final authorization and issue |
---|
999 | | - | 31.28the appropriate license or send the applicant a notice of rejection setting forth specific |
---|
1000 | | - | 31.29reasons that the office did not approve the application. |
---|
1001 | | - | 31Sec. 39. |
---|
1002 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 32.1 Sec. 40. Minnesota Statutes 2024, section 342.151, subdivision 2, is amended to read: |
---|
1003 | | - | 32.2 Subd. 2.Criminal history check.A license holder cannabis business may employ or |
---|
1004 | | - | 32.3contract with as many unlicensed individuals as may be necessary, provided that the license |
---|
1005 | | - | 32.4holder cannabis business is at all times accountable for the good conduct of every individual |
---|
1006 | | - | 32.5employed by or contracted with the license holder cannabis business. Before hiring an |
---|
1007 | | - | 32.6individual as a cannabis worker, the license holder cannabis business must submit to the |
---|
1008 | | - | 32.7Bureau of Criminal Apprehension the individual's full set of fingerprints and written consent |
---|
1009 | | - | 32.8for the bureau to conduct a state and national criminal history check. The bureau may |
---|
1010 | | - | 32.9exchange an individual's fingerprints with the Federal Bureau of Investigation. The Bureau |
---|
1011 | | - | 32.10of Criminal Apprehension must determine whether the individual is qualified to be employed |
---|
1012 | | - | 32.11as a cannabis worker and must notify the license holder cannabis business of the bureau's |
---|
1013 | | - | 32.12determination. The license holder cannabis business must not employ an individual who is |
---|
1014 | | - | 32.13disqualified from being employed as a cannabis worker. |
---|
1015 | | - | 32.14Sec. 41. Minnesota Statutes 2024, section 342.151, subdivision 3, is amended to read: |
---|
1016 | | - | 32.15 Subd. 3.Disqualification.(a) A license holder cannabis business must not employ an |
---|
1017 | | - | 32.16individual as a cannabis worker if the individual has been convicted of any of the following |
---|
1018 | | - | 32.17crimes that would constitute a felony: |
---|
1019 | | - | 32.18 (1) human trafficking; |
---|
1020 | | - | 32.19 (2) noncannabis controlled substance crimes in the first or second degree; |
---|
1021 | | - | 32.20 (3) labor trafficking; |
---|
1022 | | - | 32.21 (4) fraud; |
---|
1023 | | - | 32.22 (5) embezzlement; |
---|
1024 | | - | 32.23 (6) extortion; |
---|
1025 | | - | 32.24 (7) money laundering; or |
---|
1026 | | - | 32.25 (8) insider trading; |
---|
1027 | | - | 32.26if committed in this state or any other jurisdiction for which a full pardon or similar relief |
---|
1028 | | - | 32.27has not been granted. |
---|
1029 | | - | 32.28 (b) A license holder cannabis business must not employ an individual as a cannabis |
---|
1030 | | - | 32.29worker if the individual made any false statement in an application for employment. |
---|
1031 | | - | 32Sec. 41. |
---|
1032 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 33.1 Sec. 42. Minnesota Statutes 2024, section 342.22, subdivision 3, is amended to read: |
---|
1033 | | - | 33.2 Subd. 3.Issuance of registration.(a) A local unit of government shall issue a retail |
---|
1034 | | - | 33.3registration to a cannabis microbusiness with a retail operations endorsement, cannabis |
---|
1035 | | - | 33.4mezzobusiness with a retail operations endorsement, cannabis retailer, medical cannabis |
---|
1036 | | - | 33.5combination business operating a retail location, or lower-potency hemp edible retailer that: |
---|
1037 | | - | 33.6 (1) has a valid license or preliminary license preapproval approval issued by the office; |
---|
1038 | | - | 33.7 (2) has paid the registration fee or renewal fee pursuant to subdivision 2; |
---|
1039 | | - | 33.8 (3) is found to be in compliance with the requirements of this chapter at any preliminary |
---|
1040 | | - | 33.9compliance check that the local unit of government performs; and |
---|
1041 | | - | 33.10 (4) if applicable, is current on all property taxes and assessments at the location where |
---|
1042 | | - | 33.11the retail establishment is located. |
---|
1043 | | - | 33.12 (b) Before issuing a retail registration, the local unit of government may conduct a |
---|
1044 | | - | 33.13preliminary compliance check to ensure that the cannabis business or hemp business is in |
---|
1045 | | - | 33.14compliance with any applicable local ordinance established pursuant to section 342.13. |
---|
1046 | | - | 33.15 (c) A local unit of government shall renew the retail registration of a cannabis business |
---|
1047 | | - | 33.16or hemp business when the office renews the license of the cannabis business or hemp |
---|
1048 | | - | 33.17business. |
---|
1049 | | - | 33.18 (d) A retail registration issued under this section may not be transferred. |
---|
1050 | | - | 33.19Sec. 43. Minnesota Statutes 2024, section 342.28, subdivision 1, is amended to read: |
---|
1051 | | - | 33.20 Subdivision 1.Authorized actions.A cannabis microbusiness license, consistent with |
---|
1052 | | - | 33.21the specific license endorsement or endorsements, entitles the license holder to perform any |
---|
1053 | | - | 33.22or all of the following within the limits established by this section: |
---|
1054 | | - | 33.23 (1) grow cannabis plants from seed or immature plant to mature plant and harvest |
---|
1055 | | - | 33.24cannabis flower from a mature plant; |
---|
1056 | | - | 33.25 (2) make cannabis concentrate; |
---|
1057 | | - | 33.26 (3) make hemp concentrate, including hemp concentrate with a delta-9 |
---|
1058 | | - | 33.27tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; |
---|
1059 | | - | 33.28 (4) manufacture artificially derived cannabinoids; |
---|
1060 | | - | 33.29 (5) manufacture adult-use cannabis products, lower-potency hemp edibles, and |
---|
1061 | | - | 33.30hemp-derived consumer products for public consumption; |
---|
1062 | | - | 33Sec. 43. |
---|
1063 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 34.1 (6) purchase immature cannabis plants and seedlings and, cannabis flower, cannabis |
---|
1064 | | - | 34.2products, lower-potency hemp edibles, and hemp-derived consumer products from another |
---|
1065 | | - | 34.3cannabis microbusiness, a cannabis mezzobusiness, a cannabis cultivator, a cannabis |
---|
1066 | | - | 34.4manufacturer, or a cannabis wholesaler, or a lower-potency hemp edible manufacturer; |
---|
1067 | | - | 34.5 (7) purchase hemp plant parts and propagules from an industrial hemp grower licensed |
---|
1068 | | - | 34.6under chapter 18K; |
---|
1069 | | - | 34.7 (8) purchase hemp concentrate from an industrial hemp processor licensed under chapter |
---|
1070 | | - | 34.818K; |
---|
1071 | | - | 34.9 (9) purchase cannabis concentrate, hemp concentrate, and artificially derived cannabinoids |
---|
1072 | | - | 34.10from another cannabis microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, |
---|
1073 | | - | 34.11or a cannabis wholesaler for use in manufacturing adult-use cannabis products, lower-potency |
---|
1074 | | - | 34.12hemp edibles, or hemp-derived consumer products; |
---|
1075 | | - | 34.13 (10) package and label adult-use cannabis flower, adult-use cannabis products, |
---|
1076 | | - | 34.14lower-potency hemp edibles, and hemp-derived consumer products for sale to customers; |
---|
1077 | | - | 34.15 (11) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use |
---|
1078 | | - | 34.16cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and |
---|
1079 | | - | 34.17other products authorized by law to other cannabis businesses and to customers; |
---|
1080 | | - | 34.18 (12) operate an establishment that permits on-site consumption of edible cannabis |
---|
1081 | | - | 34.19products and lower-potency hemp edibles; and |
---|
1082 | | - | 34.20 (13) perform other actions approved by the office. |
---|
1083 | | - | 34.21Sec. 44. Minnesota Statutes 2024, section 342.28, subdivision 8, is amended to read: |
---|
1084 | | - | 34.22 Subd. 8.Production of customer consumer products endorsement.A cannabis |
---|
1085 | | - | 34.23microbusiness that manufactures edible cannabis products, lower-potency hemp products, |
---|
1086 | | - | 34.24or hemp-derived consumer products must comply with the requirements in section 342.26, |
---|
1087 | | - | 34.25subdivisions 2 and 4. |
---|
1088 | | - | 34.26Sec. 45. Minnesota Statutes 2024, section 342.29, subdivision 1, is amended to read: |
---|
1089 | | - | 34.27 Subdivision 1.Authorized actions.A cannabis mezzobusiness license, consistent with |
---|
1090 | | - | 34.28the specific license endorsement or endorsements, entitles the license holder to perform any |
---|
1091 | | - | 34.29or all of the following within the limits established by this section: |
---|
1092 | | - | 34Sec. 45. |
---|
1093 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 35.1 (1) grow cannabis plants from seed or immature plant to mature plant and harvest |
---|
1094 | | - | 35.2cannabis flower from a mature plant for use as adult-use cannabis flower or for use in |
---|
1095 | | - | 35.3adult-use cannabis products; |
---|
1096 | | - | 35.4 (2) grow cannabis plants from seed or immature plant to mature plant and harvest |
---|
1097 | | - | 35.5cannabis flower from a mature plant for use as medical cannabis flower or for use in medical |
---|
1098 | | - | 35.6cannabinoid products; |
---|
1099 | | - | 35.7 (3) make cannabis concentrate; |
---|
1100 | | - | 35.8 (4) make hemp concentrate, including hemp concentrate with a delta-9 |
---|
1101 | | - | 35.9tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; |
---|
1102 | | - | 35.10 (5) manufacture artificially derived cannabinoids; |
---|
1103 | | - | 35.11 (6) manufacture adult-use cannabis products, lower-potency hemp edibles, and |
---|
1104 | | - | 35.12hemp-derived consumer products for public consumption; |
---|
1105 | | - | 35.13 (7) process medical cannabinoid products; |
---|
1106 | | - | 35.14 (8) purchase immature cannabis plants and seedlings and, cannabis flower, cannabis |
---|
1107 | | - | 35.15products, lower-potency hemp edibles, and hemp-derived consumer products from a cannabis |
---|
1108 | | - | 35.16microbusiness, another cannabis mezzobusiness, a cannabis cultivator, a cannabis |
---|
1109 | | - | 35.17manufacturer, or a cannabis wholesaler, or a lower-potency hemp edible manufacturer; |
---|
1110 | | - | 35.18 (9) purchase cannabis concentrate, hemp concentrate, and synthetically artificially derived |
---|
1111 | | - | 35.19cannabinoids from a cannabis microbusiness, another cannabis mezzobusiness, a cannabis |
---|
1112 | | - | 35.20manufacturer, or a cannabis wholesaler for use in manufacturing adult-use cannabis products, |
---|
1113 | | - | 35.21lower-potency hemp edibles, or hemp-derived consumer products; |
---|
1114 | | - | 35.22 (10) purchase hemp plant parts and propagules from a licensed hemp grower licensed |
---|
1115 | | - | 35.23under chapter 18K; |
---|
1116 | | - | 35.24 (11) purchase hemp concentrate from an industrial hemp processor licensed under chapter |
---|
1117 | | - | 35.2518K; |
---|
1118 | | - | 35.26 (12) package and label adult-use cannabis flower, adult-use cannabis products, |
---|
1119 | | - | 35.27lower-potency hemp edibles, and hemp-derived consumer products for sale to customers; |
---|
1120 | | - | 35.28 (13) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use |
---|
1121 | | - | 35.29cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and |
---|
1122 | | - | 35.30other products authorized by law to other cannabis businesses and to customers; and |
---|
1123 | | - | 35.31 (14) perform other actions approved by the office. |
---|
1124 | | - | 35Sec. 45. |
---|
1125 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 36.1 Sec. 46. Minnesota Statutes 2024, section 342.29, subdivision 7, is amended to read: |
---|
1126 | | - | 36.2 Subd. 7.Production of customer consumer products endorsement.A cannabis |
---|
1127 | | - | 36.3mezzobusiness that manufactures edible cannabis products, lower-potency hemp products, |
---|
1128 | | - | 36.4or hemp-derived consumer products must comply with the requirements in section 342.26, |
---|
1129 | | - | 36.5subdivisions 2 and 4. |
---|
1130 | | - | 36.6 Sec. 47. Minnesota Statutes 2024, section 342.30, subdivision 1, is amended to read: |
---|
1131 | | - | 36.7 Subdivision 1.Authorized actions.A cannabis cultivator license entitles the license |
---|
1132 | | - | 36.8holder to: |
---|
1133 | | - | 36.9 (1) grow cannabis plants within the approved amount of space from seed or immature |
---|
1134 | | - | 36.10plant to mature plant,; |
---|
1135 | | - | 36.11 (2) harvest cannabis flower from a mature plant,; |
---|
1136 | | - | 36.12 (3) package and label immature cannabis plants and seedlings and cannabis flower for |
---|
1137 | | - | 36.13sale to other cannabis businesses,; |
---|
1138 | | - | 36.14 (4) sell immature cannabis plants and seedlings and cannabis flower to other cannabis |
---|
1139 | | - | 36.15businesses; |
---|
1140 | | - | 36.16 (5) transport cannabis flower to a cannabis manufacturer located on the same premises,; |
---|
1141 | | - | 36.17and |
---|
1142 | | - | 36.18 (6) perform other actions approved by the office. |
---|
1143 | | - | 36.19Sec. 48. Minnesota Statutes 2024, section 342.32, subdivision 4, is amended to read: |
---|
1144 | | - | 36.20 Subd. 4.Multiple licenses; limits.(a) A person, cooperative, or business holding a |
---|
1145 | | - | 36.21cannabis retailer license may also hold a cannabis delivery service license and a cannabis |
---|
1146 | | - | 36.22event organizer license. |
---|
1147 | | - | 36.23 (b) Except as provided in paragraph (a) and subdivision 5, no person, cooperative, or |
---|
1148 | | - | 36.24business holding a cannabis retailer license may own or operate any other cannabis business |
---|
1149 | | - | 36.25or hemp business. |
---|
1150 | | - | 36.26 (c) No person, cooperative, or business may hold a license to own or operate more than |
---|
1151 | | - | 36.27one cannabis retail business in one city and three retail businesses in one county. |
---|
1152 | | - | 36.28 (d) The office by rule may limit the number of cannabis retailer licenses a person, |
---|
1153 | | - | 36.29cooperative, or business may hold. |
---|
1154 | | - | 36Sec. 48. |
---|
1155 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 37.1 (e) For purposes of this subdivision, a restriction on the number or type of license a |
---|
1156 | | - | 37.2business may hold applies to every cooperative member or every director, manager, and |
---|
1157 | | - | 37.3general partner of a cannabis business. |
---|
1158 | | - | 37.4 Sec. 49. Minnesota Statutes 2024, section 342.32, subdivision 5, is amended to read: |
---|
1159 | | - | 37.5 Subd. 5.Municipal or county cannabis store.A city or county may establish, own, |
---|
1160 | | - | 37.6and operate a municipal cannabis store subject to the restrictions in this chapter. |
---|
1161 | | - | 37.7Notwithstanding any law to the contrary, a city or county that establishes, owns, or operates |
---|
1162 | | - | 37.8a municipal cannabis store may also hold a lower-potency hemp edible retailer license. |
---|
1163 | | - | 37.9 Sec. 50. Minnesota Statutes 2024, section 342.33, subdivision 1, is amended to read: |
---|
1164 | | - | 37.10 Subdivision 1.Authorized actions.A cannabis wholesaler license entitles the license |
---|
1165 | | - | 37.11holder to: |
---|
1166 | | - | 37.12 (1) purchase immature cannabis plants and seedlings, cannabis flower, cannabis products, |
---|
1167 | | - | 37.13lower-potency hemp edibles, and hemp-derived consumer products from cannabis |
---|
1168 | | - | 37.14microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, |
---|
1169 | | - | 37.15and cannabis microbusinesses lower-potency hemp edible manufacturers; |
---|
1170 | | - | 37.16 (2) purchase hemp plant parts and propagules from industrial hemp growers licensed |
---|
1171 | | - | 37.17under chapter 18K; |
---|
1172 | | - | 37.18 (3) purchase hemp concentrate from an industrial hemp processor licensed under chapter |
---|
1173 | | - | 37.1918K; |
---|
1174 | | - | 37.20 (4) sell immature cannabis plants and seedlings, cannabis flower, cannabis products, |
---|
1175 | | - | 37.21lower-potency hemp edibles, and hemp-derived consumer products to cannabis |
---|
1176 | | - | 37.22microbusinesses, cannabis mezzobusinesses, cannabis manufacturers, and cannabis retailers; |
---|
1177 | | - | 37.23 (5) sell lower-potency hemp edibles to lower-potency hemp edible retailers; |
---|
1178 | | - | 37.24 (6) import hemp-derived consumer products and lower-potency hemp edibles that contain |
---|
1179 | | - | 37.25hemp concentrate or artificially derived cannabinoids that are derived from hemp plants or |
---|
1180 | | - | 37.26hemp plant parts; and |
---|
1181 | | - | 37.27 (7) perform other actions approved by the office. |
---|
1182 | | - | 37.28Sec. 51. Minnesota Statutes 2024, section 342.40, subdivision 7, is amended to read: |
---|
1183 | | - | 37.29 Subd. 7.Cannabis event sales.(a) Cannabis microbusinesses with a retail endorsement, |
---|
1184 | | - | 37.30cannabis mezzobusinesses with a retail endorsement, cannabis retailers, medical cannabis |
---|
1185 | | - | 37Sec. 51. |
---|
1186 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 38.1combination businesses operating a retail location, and lower-potency hemp edible retailers, |
---|
1187 | | - | 38.2including the cannabis event organizer, may be authorized to sell cannabis plants, adult-use |
---|
1188 | | - | 38.3cannabis flower, adult-use cannabis products, lower-potency hemp edibles, and hemp-derived |
---|
1189 | | - | 38.4consumer products to customers at a cannabis event. |
---|
1190 | | - | 38.5 (b) All sales of cannabis plants, adult-use cannabis flower, adult-use cannabis products, |
---|
1191 | | - | 38.6lower-potency hemp edibles, and hemp-derived consumer products at a cannabis event must |
---|
1192 | | - | 38.7take place in a retail area as designated in the premises diagram. |
---|
1193 | | - | 38.8 (c) Authorized retailers may only conduct sales within their specifically assigned area. |
---|
1194 | | - | 38.9 (d) Authorized retailers must verify the age of all customers pursuant to section 342.27, |
---|
1195 | | - | 38.10subdivision 4, before completing a sale and may not sell cannabis plants, adult-use cannabis |
---|
1196 | | - | 38.11flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer |
---|
1197 | | - | 38.12products to an individual under 21 years of age. |
---|
1198 | | - | 38.13 (e) Authorized retailers may display one sample of each type of cannabis plant, adult-use |
---|
1199 | | - | 38.14cannabis flower, adult-use cannabis product, lower-potency hemp edible, and hemp-derived |
---|
1200 | | - | 38.15consumer product available for sale. Samples of adult-use cannabis and adult-use cannabis |
---|
1201 | | - | 38.16products must be stored in a sample jar or display case and be accompanied by a label or |
---|
1202 | | - | 38.17notice containing the information required to be affixed to the packaging or container |
---|
1203 | | - | 38.18containing adult-use cannabis flower and adult-use cannabis products sold to customers. A |
---|
1204 | | - | 38.19sample may not consist of more than eight grams of adult-use cannabis flower or adult-use |
---|
1205 | | - | 38.20cannabis concentrate, or an edible cannabis product infused with more than 100 milligrams |
---|
1206 | | - | 38.21of tetrahydrocannabinol. A cannabis retailer may allow customers to smell the adult-use |
---|
1207 | | - | 38.22cannabis flower or adult-use cannabis product before purchase. |
---|
1208 | | - | 38.23 (f) The notice requirements under section 342.27, subdivision 6, apply to authorized |
---|
1209 | | - | 38.24retailers offering cannabis plants, adult-use cannabis flower, adult-use cannabinoid products, |
---|
1210 | | - | 38.25and hemp-derived consumer products for sale at a cannabis event. |
---|
1211 | | - | 38.26 (g) Authorized retailers may not: |
---|
1212 | | - | 38.27 (1) sell adult-use cannabis flower, adult-use cannabis products, lower-potency hemp |
---|
1213 | | - | 38.28edibles, or hemp-derived consumer products to a person who is visibly intoxicated; |
---|
1214 | | - | 38.29 (2) knowingly sell more cannabis plants, adult-use cannabis flower, adult-use cannabis |
---|
1215 | | - | 38.30products, lower-potency hemp edibles, or hemp-derived consumer products than a customer |
---|
1216 | | - | 38.31is legally permitted to possess; |
---|
1217 | | - | 38.32 (3) sell medical cannabis flower or medical cannabinoid products; or |
---|
1218 | | - | 38Sec. 51. |
---|
1219 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 39.1 (4) give away cannabis plants, cannabis flower, cannabis products, lower-potency hemp |
---|
1220 | | - | 39.2edibles, or hemp-derived consumer products; or |
---|
1221 | | - | 39.3 (5) (4) allow for the dispensing of cannabis plants, cannabis flower, cannabis products, |
---|
1222 | | - | 39.4lower-potency hemp edibles, or hemp-derived consumer products in vending machines. |
---|
1223 | | - | 39.5 (h) Except for samples of a cannabis plant, adult-use cannabis flower, adult-use cannabis |
---|
1224 | | - | 39.6product, lower-potency hemp edible, and hemp-derived consumer product, all cannabis |
---|
1225 | | - | 39.7plants, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, |
---|
1226 | | - | 39.8and hemp-derived consumer products for sale at a cannabis event must be stored in a secure, |
---|
1227 | | - | 39.9locked container that is not accessible to the public. Such items being stored at a cannabis |
---|
1228 | | - | 39.10event shall not be left unattended. |
---|
1229 | | - | 39.11 (i) All cannabis plants, adult-use cannabis flower, adult-use cannabis products, |
---|
1230 | | - | 39.12lower-potency hemp edibles, and hemp-derived consumer products for sale at a cannabis |
---|
1231 | | - | 39.13event must comply with this chapter and rules adopted pursuant to this chapter regarding |
---|
1232 | | - | 39.14the testing, packaging, and labeling of those items. |
---|
1233 | | - | 39.15 (j) All cannabis plants, adult-use cannabis flower, and adult-use cannabis products sold, |
---|
1234 | | - | 39.16damaged, or destroyed at a cannabis event must be recorded in the statewide monitoring |
---|
1235 | | - | 39.17system. |
---|
1236 | | - | 39.18Sec. 52. Minnesota Statutes 2024, section 342.40, is amended by adding a subdivision to |
---|
1237 | | - | 39.19read: |
---|
1238 | | - | 39.20 Subd. 7a.Cannabis sample products.(a) Notwithstanding any other provisions of law, |
---|
1239 | | - | 39.21an authorized retailer may give away samples of cannabis plants, cannabis flower, cannabis |
---|
1240 | | - | 39.22products, lower-potency hemp edibles, or hemp-derived consumer products during a cannabis |
---|
1241 | | - | 39.23event. A label or notice containing the information required to be affixed to the packaging |
---|
1242 | | - | 39.24or container containing cannabis flower, adult-use cannabis products, lower-potency hemp |
---|
1243 | | - | 39.25edibles, or hemp-derived consumer products sold to customers must be displayed and |
---|
1244 | | - | 39.26available for consumers. |
---|
1245 | | - | 39.27 (b) Products given away as samples must not consist of more than: |
---|
1246 | | - | 39.28 (1) one gram of adult-use cannabis flower or adult-use cannabis concentrate; |
---|
1247 | | - | 39.29 (2) ten milligrams of tetrahydrocannabinol infused in an edible cannabis product; and |
---|
1248 | | - | 39.30 (3) five milligrams of delta-9 tetrahydrocannabinol, five milligrams of cannabidiol, five |
---|
1249 | | - | 39.31milligrams of cannabigerol, or any combination of those cannabinoids that does not exceed |
---|
1250 | | - | 39.32the identified amounts in a lower-potency hemp edible. |
---|
1251 | | - | 39Sec. 52. |
---|
1252 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 40.1 (c) Authorized retailers must not give away samples to an individual who is visibly |
---|
1253 | | - | 40.2intoxicated. |
---|
1254 | | - | 40.3 (d) Samples must be recorded in the statewide monitoring system. |
---|
1255 | | - | 40.4 Sec. 53. Minnesota Statutes 2024, section 342.43, is amended by adding a subdivision to |
---|
1256 | | - | 40.5read: |
---|
1257 | | - | 40.6 Subd. 3.Exception; municipal or county licenses.Notwithstanding any law to the |
---|
1258 | | - | 40.7contrary, a city or county that establishes, owns, or operates a municipal cannabis store may |
---|
1259 | | - | 40.8also hold a lower-potency hemp edible retailer license. |
---|
1260 | | - | 40.9 Sec. 54. Minnesota Statutes 2024, section 342.44, subdivision 1, is amended to read: |
---|
1261 | | - | 40.10 Subdivision 1.Application; contents.(a) Except as otherwise provided in this |
---|
1262 | | - | 40.11subdivision, the provisions of this chapter relating to license applications, license selection |
---|
1263 | | - | 40.12criteria, general ownership disqualifications and requirements, and general operational |
---|
1264 | | - | 40.13requirements do not apply to hemp businesses. |
---|
1265 | | - | 40.14 (b) The office, by rule, shall establish forms and procedures for the processing of hemp |
---|
1266 | | - | 40.15licenses issued under this chapter. At a minimum, any application to obtain or renew a hemp |
---|
1267 | | - | 40.16license shall include the following information, if applicable: |
---|
1268 | | - | 40.17 (1) the name, address, and date of birth of the applicant; |
---|
1269 | | - | 40.18 (2) the address and legal property description of the business; |
---|
1270 | | - | 40.19 (3) proof of trade name registration; |
---|
1271 | | - | 40.20 (4) certification that the applicant will comply with the requirements of this chapter |
---|
1272 | | - | 40.21relating to the ownership and operation of a hemp business; |
---|
1273 | | - | 40.22 (5) identification of one or more controlling persons or managerial employees as agents |
---|
1274 | | - | 40.23who shall be responsible for dealing with the office on all matters; and |
---|
1275 | | - | 40.24 (6) a statement that the applicant agrees to respond to the office's supplemental requests |
---|
1276 | | - | 40.25for information. |
---|
1277 | | - | 40.26 (c) An applicant for a lower-potency hemp edible manufacturer license must submit an |
---|
1278 | | - | 40.27attestation signed by a bona fide labor organization stating that the applicant has entered |
---|
1279 | | - | 40.28into a labor peace agreement. |
---|
1280 | | - | 40.29 (d) An application on behalf of a corporation or association shall be signed by at least |
---|
1281 | | - | 40.30two officers or managing agents of that entity. |
---|
1282 | | - | 40Sec. 54. |
---|
1283 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 41.1 Sec. 55. Minnesota Statutes 2024, section 342.45, is amended by adding a subdivision to |
---|
1284 | | - | 41.2read: |
---|
1285 | | - | 41.3 Subd. 6.Building conditions.(a) A lower-potency hemp edible manufacturer must |
---|
1286 | | - | 41.4comply with state and local building, fire, and zoning codes, requirements, and regulations. |
---|
1287 | | - | 41.5 (b) A lower-potency hemp edible manufacturer must ensure that licensed premises are |
---|
1288 | | - | 41.6maintained in a clean and sanitary condition and are free from infestation by insects, rodents, |
---|
1289 | | - | 41.7or other pests. |
---|
1290 | | - | 41.8 Sec. 56. Minnesota Statutes 2024, section 342.46, subdivision 6, is amended to read: |
---|
1291 | | - | 41.9 Subd. 6.Compliant products.(a) A lower-potency hemp edible retailer shall ensure |
---|
1292 | | - | 41.10that all lower-potency hemp edibles offered for sale comply with the limits on the amount |
---|
1293 | | - | 41.11and types of cannabinoids that a lower-potency hemp edible can contain, including but not |
---|
1294 | | - | 41.12limited to the requirement that lower-potency hemp edibles: |
---|
1295 | | - | 41.13 (1) consist of servings that contain no more than five milligrams of delta-9 |
---|
1296 | | - | 41.14tetrahydrocannabinol, no more than 25 milligrams of cannabidiol, no more than 25 milligrams |
---|
1297 | | - | 41.15of cannabigerol, or any combination of those cannabinoids that does not exceed the identified |
---|
1298 | | - | 41.16amounts, except that a lower-potency hemp edible that is intended to be consumed as a |
---|
1299 | | - | 41.17beverage may contain no more than ten milligrams of delta-9 tetrahydrocannabinol in a |
---|
1300 | | - | 41.18single-serving container; |
---|
1301 | | - | 41.19 (2) do not contain more than a combined total of 0.5 milligrams of all other cannabinoids |
---|
1302 | | - | 41.20per serving; and |
---|
1303 | | - | 41.21 (3) do not contain an artificially derived cannabinoid other than delta-9 |
---|
1304 | | - | 41.22tetrahydrocannabinol. |
---|
1305 | | - | 41.23 (b) If a lower-potency hemp edible is packaged in a manner that includes more than a |
---|
1306 | | - | 41.24single serving, the lower-potency hemp edible must indicate each serving by scoring, |
---|
1307 | | - | 41.25wrapping, or other indicators that appear on the lower-potency hemp edible designating the |
---|
1308 | | - | 41.26individual serving size. If it is not possible to indicate a single serving by scoring or use of |
---|
1309 | | - | 41.27another indicator that appears on the product, the lower-potency hemp edible may not be |
---|
1310 | | - | 41.28packaged in a manner that includes more than a single serving in each container, except |
---|
1311 | | - | 41.29that a calibrated dropper, measuring spoon, or similar device for measuring a single serving |
---|
1312 | | - | 41.30may be used for any edible cannabinoid products that are intended to be combined with |
---|
1313 | | - | 41.31food or beverage products prior to consumption. If the lower-potency hemp edible is meant |
---|
1314 | | - | 41.32to be consumed as a beverage, the beverage container may not contain more than two |
---|
1315 | | - | 41Sec. 56. |
---|
1316 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 42.1servings per container. If the lower-potency hemp edible is meant to be consumed as a |
---|
1317 | | - | 42.2beverage, the beverage container must not contain more than two servings. |
---|
1318 | | - | 42.3 (c) Notwithstanding paragraph (b), any edible cannabinoid product that is intended to |
---|
1319 | | - | 42.4be combined with food or beverage products before consumption must indicate the amount |
---|
1320 | | - | 42.5of a single serving using one of the following methods: |
---|
1321 | | - | 42.6 (1) the product must be packaged in individual servings; |
---|
1322 | | - | 42.7 (2) the product must indicate a single serving by scoring or using another indicator that |
---|
1323 | | - | 42.8appears on the product; or |
---|
1324 | | - | 42.9 (3) the product must be sold with a calibrated dropper, measuring spoon, or similar |
---|
1325 | | - | 42.10device for measuring a single serving. |
---|
1326 | | - | 42.11 (c) (d) A single package containing multiple servings of a lower-potency hemp edible |
---|
1327 | | - | 42.12must contain no more than 50 milligrams of delta-9 tetrahydrocannabinol, 250 milligrams |
---|
1328 | | - | 42.13of cannabidiol, 250 milligrams of cannabigerol, or any combination of those cannabinoids |
---|
1329 | | - | 42.14that does not exceed the identified amounts. |
---|
1330 | | - | 42.15Sec. 57. Minnesota Statutes 2024, section 342.51, subdivision 2, is amended to read: |
---|
1331 | | - | 42.16 Subd. 2.Distribution requirements.(a) Prior to distribution of medical cannabis flower |
---|
1332 | | - | 42.17or medical cannabinoid products to a person enrolled in the registry program, an employee |
---|
1333 | | - | 42.18with a valid medical cannabis consultant certificate issued by the office or a licensed |
---|
1334 | | - | 42.19pharmacist under chapter 151 of a cannabis business must: |
---|
1335 | | - | 42.20 (1) review and confirm the patient's enrollment in the registry program; |
---|
1336 | | - | 42.21 (2) verify that the person requesting the distribution of medical cannabis flower or |
---|
1337 | | - | 42.22medical cannabinoid products is the patient, the patient's registered designated caregiver, |
---|
1338 | | - | 42.23or the patient's parent, legal guardian, or spouse using the procedures established by the |
---|
1339 | | - | 42.24office; |
---|
1340 | | - | 42.25 (3) provide confirm that the patient had a consultation to the patient with (i) an employee |
---|
1341 | | - | 42.26with a valid medical cannabis consultant certificate issued by the office; or (ii) an employee |
---|
1342 | | - | 42.27who is a licensed pharmacist under chapter 151 to determine the proper medical cannabis |
---|
1343 | | - | 42.28flower or medical cannabinoid product, dosage, and paraphernalia for the patient if required |
---|
1344 | | - | 42.29under subdivision 3; |
---|
1345 | | - | 42.30 (4) apply a patient-specific label on the medical cannabis flower or medical cannabinoid |
---|
1346 | | - | 42.31product that includes recommended dosage requirements and other information as required |
---|
1347 | | - | 42.32by the office; and |
---|
1348 | | - | 42Sec. 57. |
---|
1349 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 43.1 (5) provide the patient with any other information required by the office. |
---|
1350 | | - | 43.2 (b) A cannabis business with a medical cannabis retail endorsement may not deliver |
---|
1351 | | - | 43.3medical cannabis flower or medical cannabinoid products to a person enrolled in the registry |
---|
1352 | | - | 43.4program unless the cannabis business with a medical cannabis retail endorsement also holds |
---|
1353 | | - | 43.5a cannabis delivery service license. The delivery of medical cannabis flower and medical |
---|
1354 | | - | 43.6cannabinoid products are subject to the provisions of section 342.42. |
---|
1355 | | - | 43.7 Sec. 58. Minnesota Statutes 2024, section 342.51, is amended by adding a subdivision to |
---|
1356 | | - | 43.8read: |
---|
1357 | | - | 43.9 Subd. 2a.Distribution to visiting patients.(a) A cannabis business with a medical |
---|
1358 | | - | 43.10cannabis retail endorsement may distribute medical cannabis flower or medical cannabinoid |
---|
1359 | | - | 43.11products to a visiting patient. |
---|
1360 | | - | 43.12 (b) Before receiving a distribution of medical cannabis, a visiting patient must provide |
---|
1361 | | - | 43.13to an employee of the cannabis business: |
---|
1362 | | - | 43.14 (1) a valid medical cannabis registration verification card or equivalent document issued |
---|
1363 | | - | 43.15by a Tribal medical cannabis program that indicates that the visiting patient is authorized |
---|
1364 | | - | 43.16to use medical cannabis on Indian lands over which the Tribe has jurisdiction; and |
---|
1365 | | - | 43.17 (2) a valid photographic identification card issued by the Tribal medical cannabis |
---|
1366 | | - | 43.18program, a valid driver's license, or a valid state identification card. |
---|
1367 | | - | 43.19 (c) Prior to the distribution of medical cannabis flower or medical cannabinoid products |
---|
1368 | | - | 43.20to a visiting patient, an employee of a cannabis business must: |
---|
1369 | | - | 43.21 (1) ensure that a patient-specific label has been applied to all medical cannabis flower |
---|
1370 | | - | 43.22and medical cannabinoid products. The label must include the recommended dosage |
---|
1371 | | - | 43.23requirements and other information required by the office; and |
---|
1372 | | - | 43.24 (2) provide the patient with any other information required by the office. |
---|
1373 | | - | 43.25 (d) For each transaction that involves a visiting patient, a cannabis business with a |
---|
1374 | | - | 43.26medical cannabis retail endorsement must report to the office on a weekly basis: |
---|
1375 | | - | 43.27 (1) the name of the visiting patient; |
---|
1376 | | - | 43.28 (2) the name of the Tribal medical cannabis program in which the visiting patient is |
---|
1377 | | - | 43.29enrolled; |
---|
1378 | | - | 43.30 (3) the amount and dosages of medical cannabis distributed; |
---|
1379 | | - | 43.31 (4) the chemical composition of the medical cannabis distributed; and |
---|
1380 | | - | 43Sec. 58. |
---|
1381 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 44.1 (5) the tracking number assigned to the medical cannabis that was distributed to the |
---|
1382 | | - | 44.2visiting patient. |
---|
1383 | | - | 44.3 (e) A cannabis business with a medical cannabis retail endorsement may distribute |
---|
1384 | | - | 44.4medical cannabis flower and medical cannabinoid products to a visiting patient in a motor |
---|
1385 | | - | 44.5vehicle if: |
---|
1386 | | - | 44.6 (1) an employee of the cannabis business with a medical cannabis retail endorsement |
---|
1387 | | - | 44.7receives payment and distributes medical cannabis flower and medical cannabinoid products |
---|
1388 | | - | 44.8in a designated zone that is as close as feasible to the front door of the facility where the |
---|
1389 | | - | 44.9cannabis business is located; |
---|
1390 | | - | 44.10 (2) the cannabis business with a medical cannabis retail endorsement ensures that the |
---|
1391 | | - | 44.11receipt of payment and distribution of medical cannabis flower and medical cannabinoid |
---|
1392 | | - | 44.12products are visually recorded by a closed-circuit television surveillance camera and provides |
---|
1393 | | - | 44.13any other necessary security safeguards required by the office; |
---|
1394 | | - | 44.14 (3) the cannabis business with a medical cannabis retail endorsement does not store |
---|
1395 | | - | 44.15medical cannabis flower or medical cannabinoid products outside a restricted access area; |
---|
1396 | | - | 44.16 (4) an employee of the cannabis business with a medical cannabis retail endorsement |
---|
1397 | | - | 44.17transports medical cannabis flower and medical cannabinoid products from a restricted |
---|
1398 | | - | 44.18access area to the designated zone for distribution to patients only after confirming that the |
---|
1399 | | - | 44.19visiting patient has arrived in the designated zone; |
---|
1400 | | - | 44.20 (5) the payment for and distribution of medical cannabis flower and medical cannabinoid |
---|
1401 | | - | 44.21products to a patient only occurs after meeting the requirements in paragraph (b); |
---|
1402 | | - | 44.22 (6) immediately following the distribution of medical cannabis flower or medical |
---|
1403 | | - | 44.23cannabinoid products to a patient, an employee of the cannabis business with a medical |
---|
1404 | | - | 44.24cannabis retail endorsement records the transaction in the statewide monitoring system; and |
---|
1405 | | - | 44.25 (7) immediately following the distribution of medical cannabis flower and medical |
---|
1406 | | - | 44.26cannabinoid products, an employee of the cannabis business with a medical cannabis retail |
---|
1407 | | - | 44.27endorsement transports all payments received into the facility where the cannabis business |
---|
1408 | | - | 44.28is located. |
---|
1409 | | - | 44.29Sec. 59. Minnesota Statutes 2024, section 342.52, is amended by adding a subdivision to |
---|
1410 | | - | 44.30read: |
---|
1411 | | - | 44.31 Subd. 7a.Allowable delivery methods.A patient in the registry program may receive |
---|
1412 | | - | 44.32medical cannabis flower and medical cannabinoid products. The office may approve |
---|
1413 | | - | 44Sec. 59. |
---|
1414 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 45.1additional delivery methods to expand the types of products that qualify as medical |
---|
1415 | | - | 45.2cannabinoid products. |
---|
1416 | | - | 45.3 Sec. 60. Minnesota Statutes 2024, section 342.52, subdivision 9, is amended to read: |
---|
1417 | | - | 45.4 Subd. 9.Registered designated caregiver.(a) The office must register a designated |
---|
1418 | | - | 45.5caregiver for a patient if the patient requires assistance in administering medical cannabis |
---|
1419 | | - | 45.6flower or medical cannabinoid products; obtaining medical cannabis flower, medical |
---|
1420 | | - | 45.7cannabinoid products, or medical cannabis paraphernalia from a cannabis business with a |
---|
1421 | | - | 45.8medical cannabis retail endorsement; or cultivating cannabis plants as permitted by section |
---|
1422 | | - | 45.9342.09, subdivision 2. |
---|
1423 | | - | 45.10 (b) In order to serve as a designated caregiver, a person must: |
---|
1424 | | - | 45.11 (1) be at least 18 years of age; |
---|
1425 | | - | 45.12 (2) agree to only possess the patient's medical cannabis flower and medical cannabinoid |
---|
1426 | | - | 45.13products for purposes of assisting the patient; and |
---|
1427 | | - | 45.14 (3) agree that if the application is approved, the person will not serve as a registered |
---|
1428 | | - | 45.15designated caregiver for more than six registered patients at one time. Patients who reside |
---|
1429 | | - | 45.16in the same residence count as one patient. |
---|
1430 | | - | 45.17 (c) Nothing in this section shall be construed to prevent a registered designated caregiver |
---|
1431 | | - | 45.18from being enrolled in the registry program as a patient and possessing and administering |
---|
1432 | | - | 45.19medical cannabis flower or medical cannabinoid products as a patient. |
---|
1433 | | - | 45.20 (d) Notwithstanding any law to the contrary, a registered designated caregiver approved |
---|
1434 | | - | 45.21to assist a patient enrolled in the registry program with obtaining medical cannabis flower |
---|
1435 | | - | 45.22may cultivate cannabis plants on behalf of one patient. A registered designated caregiver |
---|
1436 | | - | 45.23may grow up to eight cannabis plants for the patient household that the registered designated |
---|
1437 | | - | 45.24caregiver is approved to assist with obtaining medical cannabis flower. If a patient enrolled |
---|
1438 | | - | 45.25in the registry program directs the patient's registered designated caregiver to cultivate |
---|
1439 | | - | 45.26cannabis plants on behalf of the patient, the patient must assign the patient's right to cultivate |
---|
1440 | | - | 45.27cannabis plants to the registered designated caregiver and the notify the office. A patient |
---|
1441 | | - | 45.28who assigns the patient's right to cultivate cannabis plants to a registered caregiver is |
---|
1442 | | - | 45.29prohibited from cultivating cannabis plants for personal use. Nothing in this paragraph limits |
---|
1443 | | - | 45.30the right of a registered designated caregiver cultivating cannabis plants on behalf of a |
---|
1444 | | - | 45.31patient enrolled in the registry program to also cultivate cannabis plants for personal use |
---|
1445 | | - | 45.32pursuant to section 342.09, subdivision 2. |
---|
1446 | | - | 45Sec. 60. |
---|
1447 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 46.1 Sec. 61. Minnesota Statutes 2024, section 342.56, subdivision 2, is amended to read: |
---|
1448 | | - | 46.2 Subd. 2.Health care facilities.(a) Health care facilities licensed under chapter 144A; |
---|
1449 | | - | 46.3hospice providers licensed under chapter 144A; boarding care homes or supervised living |
---|
1450 | | - | 46.4facilities licensed under section 144.50; assisted living facilities under chapter 144G; facilities |
---|
1451 | | - | 46.5owned, controlled, managed, or under common control with hospitals licensed under chapter |
---|
1452 | | - | 46.6144; and other health care facilities licensed by the commissioner of health or the |
---|
1453 | | - | 46.7commissioner of human services may adopt reasonable restrictions on the use of medical |
---|
1454 | | - | 46.8cannabis flower or medical, cannabinoid products, lower-potency hemp edibles, hemp-derived |
---|
1455 | | - | 46.9consumer products, or hemp-derived topical products by a patient enrolled in the registry |
---|
1456 | | - | 46.10program who resides at or is actively receiving treatment or care at the facility. The |
---|
1457 | | - | 46.11restrictions may include a provision that the facility must not store or maintain a patient's |
---|
1458 | | - | 46.12supply of medical cannabis flower or medical cannabinoid products on behalf of the patient; |
---|
1459 | | - | 46.13that a patient store the patient's supply of medical cannabis flower or medicinal, cannabinoid |
---|
1460 | | - | 46.14products, lower-potency hemp edibles, hemp-derived consumer products, or hemp-derived |
---|
1461 | | - | 46.15topical products in a locked container accessible only to the patient, the patient's designated |
---|
1462 | | - | 46.16caregiver, or the patient's parent, legal guardian, or spouse; that the facility is not responsible |
---|
1463 | | - | 46.17for providing medical cannabis or hemp for patients; and that medical cannabis flower or |
---|
1464 | | - | 46.18medical, cannabinoid products, lower-potency hemp edibles, hemp-derived consumer |
---|
1465 | | - | 46.19products, or hemp-derived topical products are used only in a location specified by the |
---|
1466 | | - | 46.20facility or provider. Nothing in this subdivision requires facilities and providers listed in |
---|
1467 | | - | 46.21this subdivision to adopt such restrictions. |
---|
1468 | | - | 46.22 (b) No facility or provider listed in this subdivision may unreasonably limit a patient's |
---|
1469 | | - | 46.23access to or use of medical cannabis flower or medical cannabinoid products, lower-potency |
---|
1470 | | - | 46.24hemp edibles, hemp-derived consumer products, or hemp-derived topical products to the |
---|
1471 | | - | 46.25extent that such use is authorized under sections 342.51 to 342.59, or, in the case of a visiting |
---|
1472 | | - | 46.26patient, authorized to use medical cannabis under the laws of their state of residence. No |
---|
1473 | | - | 46.27facility or provider listed in this subdivision may prohibit a patient access to or use of medical |
---|
1474 | | - | 46.28cannabis flower or medical cannabinoid products due solely to the fact that cannabis is a |
---|
1475 | | - | 46.29controlled substance pursuant to the federal Uniform Controlled Substances Act. If a federal |
---|
1476 | | - | 46.30regulatory agency, the United States Department of Justice, or the federal Centers for |
---|
1477 | | - | 46.31Medicare and Medicaid Services takes one of the following actions, a facility or provider |
---|
1478 | | - | 46.32may suspend compliance with this paragraph until the regulatory agency, the United States |
---|
1479 | | - | 46.33Department of Justice, or the federal Centers for Medicare and Medicaid Services notifies |
---|
1480 | | - | 46.34the facility or provider that it may resume permitting the use of medical cannabis flower or |
---|
1481 | | - | 46.35medical, cannabinoid products, lower-potency hemp edibles, hemp-derived consumer |
---|
1482 | | - | 46Sec. 61. |
---|
1483 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 47.1products, or hemp-derived topical products within the facility or in the provider's service |
---|
1484 | | - | 47.2setting: |
---|
1485 | | - | 47.3 (1) a federal regulatory agency or the United States Department of Justice initiates |
---|
1486 | | - | 47.4enforcement action against a facility or provider related to the facility's compliance with |
---|
1487 | | - | 47.5the medical cannabis program; or |
---|
1488 | | - | 47.6 (2) a federal regulatory agency, the United States Department of Justice, or the federal |
---|
1489 | | - | 47.7Centers for Medicare and Medicaid Services issues a rule or otherwise provides notification |
---|
1490 | | - | 47.8to the facility or provider that expressly prohibits the use of medical cannabis in health care |
---|
1491 | | - | 47.9facilities or otherwise prohibits compliance with the medical cannabis program. |
---|
1492 | | - | 47.10 (c) An employee or agent of a facility or provider listed in this subdivision or a person |
---|
1493 | | - | 47.11licensed under chapter 144E is not violating this chapter or chapter 152 for the possession |
---|
1494 | | - | 47.12of medical cannabis flower or medical cannabinoid products while carrying out employment |
---|
1495 | | - | 47.13duties, including providing or supervising care to a patient enrolled in the registry program, |
---|
1496 | | - | 47.14or distribution of medical cannabis flower or medical cannabinoid products to a patient |
---|
1497 | | - | 47.15enrolled in the registry program who resides at or is actively receiving treatment or care at |
---|
1498 | | - | 47.16the facility or from the provider with which the employee or agent is affiliated. |
---|
1499 | | - | 47.17 (d) Nothing in this subdivision is intended to require a facility covered by this subdivision |
---|
1500 | | - | 47.18to permit violations of sections 144.411 to 144.417. |
---|
1501 | | - | 47.19Sec. 62. Minnesota Statutes 2024, section 342.57, is amended to read: |
---|
1502 | | - | 47.20 342.57 PROTECTIONS FOR REGISTRY PROGRAM PARTICIPANTS. |
---|
1503 | | - | 47.21 Subdivision 1.Presumption.(a) There is a presumption that a patient or other person |
---|
1504 | | - | 47.22an individual enrolled in the registry program or a Tribal medical cannabis program patient |
---|
1505 | | - | 47.23is engaged in the authorized use or possession of medical cannabis flower and medical |
---|
1506 | | - | 47.24cannabinoid products. |
---|
1507 | | - | 47.25 (b) This presumption may be rebutted by evidence that: |
---|
1508 | | - | 47.26 (1) the use or possession of medical cannabis flower or medical cannabinoid products |
---|
1509 | | - | 47.27by a patient or other person enrolled in the registry program was not for the purpose of |
---|
1510 | | - | 47.28assisting with, treating, or alleviating the patient's qualifying medical condition or symptoms |
---|
1511 | | - | 47.29associated with the patient's qualifying medical condition.; or |
---|
1512 | | - | 47.30 (2) a Tribal medical cannabis program patient's use of medical cannabis was not for a |
---|
1513 | | - | 47.31purpose authorized by the Tribal medical cannabis program. |
---|
1514 | | - | 47Sec. 62. |
---|
1515 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 48.1 Subd. 2.Criminal and civil protections.(a) Subject to section 342.56, the following |
---|
1516 | | - | 48.2are not violations of this chapter or chapter 152: |
---|
1517 | | - | 48.3 (1) use or possession of medical cannabis flower, medical cannabinoid products, or |
---|
1518 | | - | 48.4medical cannabis paraphernalia by a patient enrolled in the registry program or by a visiting |
---|
1519 | | - | 48.5patient or a Tribal medical cannabis program patient to whom medical cannabis flower or |
---|
1520 | | - | 48.6medical cannabinoid products are distributed under section 342.51, subdivision 5; |
---|
1521 | | - | 48.7 (2) possession of medical cannabis flower, medical cannabinoid products, or medical |
---|
1522 | | - | 48.8cannabis paraphernalia by a registered designated caregiver or a parent, legal guardian, or |
---|
1523 | | - | 48.9spouse of a patient enrolled in the registry program; or |
---|
1524 | | - | 48.10 (3) possession of medical cannabis flower, medical cannabinoid products, or medical |
---|
1525 | | - | 48.11cannabis paraphernalia by any person while carrying out duties required under sections |
---|
1526 | | - | 48.12342.51 to 342.60. |
---|
1527 | | - | 48.13 (b) The Office of Cannabis Management, members of the Cannabis Advisory Council, |
---|
1528 | | - | 48.14Office of Cannabis Management employees, agents or contractors of the Office of Cannabis |
---|
1529 | | - | 48.15Management, members of a Tribal medical cannabis board, a Tribal medical cannabis board's |
---|
1530 | | - | 48.16staff, a Tribal medical cannabis board's agents or contractors, and health care practitioners |
---|
1531 | | - | 48.17participating in the registry program are not subject to any civil penalties or disciplinary |
---|
1532 | | - | 48.18action by the Board of Medical Practice, the Board of Nursing, or any business, occupational, |
---|
1533 | | - | 48.19or professional licensing board or entity solely for participating in the registry program or |
---|
1534 | | - | 48.20in a Tribal medical cannabis program either in a professional capacity or as a patient. A |
---|
1535 | | - | 48.21pharmacist licensed under chapter 151 is not subject to any civil penalties or disciplinary |
---|
1536 | | - | 48.22action by the Board of Pharmacy when acting in accordance with sections 342.51 to 342.60 |
---|
1537 | | - | 48.23either in a professional capacity or as a patient. Nothing in this section prohibits a professional |
---|
1538 | | - | 48.24licensing board from taking action in response to a violation of law. |
---|
1539 | | - | 48.25 (c) Notwithstanding any law to the contrary, a Cannabis Advisory Council member, the |
---|
1540 | | - | 48.26governor, or an employee of a state agency must not be held civilly or criminally liable for |
---|
1541 | | - | 48.27any injury, loss of property, personal injury, or death caused by any act or omission while |
---|
1542 | | - | 48.28acting within the scope of office or employment under sections 342.51 to 342.60. |
---|
1543 | | - | 48.29 (d) Federal, state, and local law enforcement authorities are prohibited from accessing |
---|
1544 | | - | 48.30the registry except when acting pursuant to a valid search warrant. Notwithstanding section |
---|
1545 | | - | 48.3113.09, a violation of this paragraph is a gross misdemeanor. |
---|
1546 | | - | 48.32 (e) Notwithstanding any law to the contrary, the office and employees of the office must |
---|
1547 | | - | 48.33not release data or information about an individual contained in any report or document or |
---|
1548 | | - | 48.34in the registry and must not release data or information obtained about a patient enrolled in |
---|
1549 | | - | 48Sec. 62. |
---|
1550 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 49.1the registry program, except as provided in sections 342.51 to 342.60. Notwithstanding |
---|
1551 | | - | 49.2section 13.09, a violation of this paragraph is a gross misdemeanor. |
---|
1552 | | - | 49.3 (f) No information contained in a report or document, contained in the registry, or |
---|
1553 | | - | 49.4obtained from a patient under sections 342.51 to 342.60 or from a Tribal medical cannabis |
---|
1554 | | - | 49.5program patient may be admitted as evidence in a criminal proceeding, unless: |
---|
1555 | | - | 49.6 (1) the information is independently obtained; or |
---|
1556 | | - | 49.7 (2) admission of the information is sought in a criminal proceeding involving a criminal |
---|
1557 | | - | 49.8violation of sections 342.51 to 342.60. |
---|
1558 | | - | 49.9 (g) Possession of a registry verification or an application for enrollment in the registry |
---|
1559 | | - | 49.10program and possession of a verification of enrollment or its equivalent issued by a Tribal |
---|
1560 | | - | 49.11medical cannabis program or application for enrollment in a Tribal medical cannabis program |
---|
1561 | | - | 49.12by a person entitled to possess the verification of enrollment or application for enrollment: |
---|
1562 | | - | 49.13 (1) does not constitute probable cause or reasonable suspicion; |
---|
1563 | | - | 49.14 (2) must not be used to support a search of the person or property of the person with a |
---|
1564 | | - | 49.15registry verification or application to enroll in the registry program; and |
---|
1565 | | - | 49.16 (3) must not subject the person or the property of the person to inspection by any |
---|
1566 | | - | 49.17government agency. |
---|
1567 | | - | 49.18 (h) A patient enrolled in the registry program or in a Tribal medical cannabis program |
---|
1568 | | - | 49.19must not be subject to any penalty or disciplinary action by an occupational or a professional |
---|
1569 | | - | 49.20licensing board solely because: |
---|
1570 | | - | 49.21 (1) the patient is enrolled in the registry program or in a Tribal medical cannabis program; |
---|
1571 | | - | 49.22or |
---|
1572 | | - | 49.23 (2) the patient has a positive test for cannabis components or metabolites. |
---|
1573 | | - | 49.24 Subd. 3.School enrollment; rental property.(a) No school may refuse to enroll or |
---|
1574 | | - | 49.25otherwise penalize a patient or person enrolled in the registry program or a Tribal medical |
---|
1575 | | - | 49.26cannabis program as a pupil solely because the patient or person is enrolled in the registry |
---|
1576 | | - | 49.27program or a Tribal medical cannabis program, unless failing to do so would violate federal |
---|
1577 | | - | 49.28law or regulations or cause the school to lose a monetary or licensing-related benefit under |
---|
1578 | | - | 49.29federal law or regulations. |
---|
1579 | | - | 49.30 (b) No landlord may refuse to lease to a patient or person enrolled in the registry program |
---|
1580 | | - | 49.31or a Tribal medical cannabis program or otherwise penalize a patient or person enrolled in |
---|
1581 | | - | 49.32the registry program or a Tribal medical cannabis program solely because the patient or |
---|
1582 | | - | 49Sec. 62. |
---|
1583 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 50.1person is enrolled in the registry program or a Tribal medical cannabis program, unless |
---|
1584 | | - | 50.2failing to do so would violate federal law or regulations or cause the landlord to lose a |
---|
1585 | | - | 50.3monetary or licensing-related benefit under federal law or regulations. |
---|
1586 | | - | 50.4 (c) A school must not refuse to enroll a patient as a pupil solely because cannabis is a |
---|
1587 | | - | 50.5controlled substance according to the Uniform Controlled Substances Act, United States |
---|
1588 | | - | 50.6Code, title 21, section 812. |
---|
1589 | | - | 50.7 (d) A school must not penalize a pupil who is a patient solely because cannabis is a |
---|
1590 | | - | 50.8controlled substance according to the Uniform Controlled Substances Act, United States |
---|
1591 | | - | 50.9Code, title 21, section 812. |
---|
1592 | | - | 50.10 (e) A landlord must not refuse to lease a property to a patient solely because cannabis |
---|
1593 | | - | 50.11is a controlled substance according to the Uniform Controlled Substances Act, United States |
---|
1594 | | - | 50.12Code, title 21, section 812. |
---|
1595 | | - | 50.13 (f) A landlord must not otherwise penalize a patient solely because cannabis is a controlled |
---|
1596 | | - | 50.14substance according to the Uniform Controlled Substances Act, United States Code, title |
---|
1597 | | - | 50.1521, section 812. |
---|
1598 | | - | 50.16 Subd. 4.Medical care.For purposes of medical care, including organ transplants, a |
---|
1599 | | - | 50.17patient's use of medical cannabis flower or medical cannabinoid products according to |
---|
1600 | | - | 50.18sections 342.51 to 342.60, or a Tribal medical cannabis program patient's use of medical |
---|
1601 | | - | 50.19cannabis as authorized by a Tribal medical cannabis program, is considered the equivalent |
---|
1602 | | - | 50.20of the authorized use of a medication used at the discretion of a health care practitioner and |
---|
1603 | | - | 50.21does not disqualify a patient from needed medical care. |
---|
1604 | | - | 50.22 Subd. 5.Employment.(a) Unless a failure to do so would violate federal or state law |
---|
1605 | | - | 50.23or regulations or cause an employer to lose a monetary or licensing-related benefit under |
---|
1606 | | - | 50.24federal law or regulations, an employer may not discriminate against a person in hiring, |
---|
1607 | | - | 50.25termination, or any term or condition of employment, or otherwise penalize a person, if the |
---|
1608 | | - | 50.26discrimination is based on: |
---|
1609 | | - | 50.27 (1) the person's status as a patient or person an individual enrolled in the registry program; |
---|
1610 | | - | 50.28or |
---|
1611 | | - | 50.29 (2) the person's status as a Tribal medical cannabis program patient; or |
---|
1612 | | - | 50.30 (2) (3) a patient's positive drug test for cannabis components or metabolites, unless the |
---|
1613 | | - | 50.31patient used, possessed, sold, transported, or was impaired by medical cannabis flower or |
---|
1614 | | - | 50.32a medical cannabinoid product on work premises, during working hours, or while operating |
---|
1615 | | - | 50.33an employer's machinery, vehicle, or equipment. |
---|
1616 | | - | 50Sec. 62. |
---|
1617 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 51.1 (b) An employee who is a patient in the registry program or a Tribal medical cannabis |
---|
1618 | | - | 51.2program and whose employer requires the employee to undergo drug testing according to |
---|
1619 | | - | 51.3section 181.953 may present the employee's registry verification or verification of enrollment |
---|
1620 | | - | 51.4in a Tribal medical cannabis program as part of the employee's explanation under section |
---|
1621 | | - | 51.5181.953, subdivision 6. |
---|
1622 | | - | 51.6 Subd. 5a.Notice.An employer, a school, or a landlord must provide written notice to |
---|
1623 | | - | 51.7a patient at least 14 days before the employer, school, or landlord takes an action against |
---|
1624 | | - | 51.8the patient that is prohibited under subdivision 3 or 5. The written notice must cite the |
---|
1625 | | - | 51.9specific federal law or regulation the employer, school, or landlord believes would be |
---|
1626 | | - | 51.10violated if the employer, school, or landlord fails to take action. The notice must specify |
---|
1627 | | - | 51.11which monetary or licensing-related benefit under federal law or regulations the employer, |
---|
1628 | | - | 51.12school, or landlord would lose if the employer, school, or landlord fails to take action. |
---|
1629 | | - | 51.13 Subd. 6.Custody; visitation; parenting time.A person must not be denied custody of |
---|
1630 | | - | 51.14a minor child or visitation rights or parenting time with a minor child based solely on the |
---|
1631 | | - | 51.15person's individual's status as a patient or person an individual enrolled in the registry |
---|
1632 | | - | 51.16program or on the individual's status as a Tribal medical cannabis program patient. There |
---|
1633 | | - | 51.17must be no presumption of neglect or child endangerment for conduct allowed under sections |
---|
1634 | | - | 51.18342.51 to 342.60 or under a Tribal medical cannabis program, unless the person's individual's |
---|
1635 | | - | 51.19behavior creates an unreasonable danger to the safety of the minor as established by clear |
---|
1636 | | - | 51.20and convincing evidence. |
---|
1637 | | - | 51.21 Subd. 6a.Retaliation prohibited.A school, a landlord, a health care facility, or an |
---|
1638 | | - | 51.22employer must not retaliate against a patient for asserting the patient's rights or seeking |
---|
1639 | | - | 51.23remedies under this section or section 152.32. |
---|
1640 | | - | 51.24 Subd. 7.Action for damages; injunctive relief.In addition to any other remedy provided |
---|
1641 | | - | 51.25by law, a patient or person an individual enrolled in the registry program or a Tribal medical |
---|
1642 | | - | 51.26cannabis program may bring an action for damages against any person who violates |
---|
1643 | | - | 51.27subdivision 3, 4, or 5. A person who violates subdivision 3, 4, or 5 is liable to a patient or |
---|
1644 | | - | 51.28person an individual enrolled in the registry program or a Tribal medical cannabis program |
---|
1645 | | - | 51.29injured by the violation for the greater of the person's actual damages or a civil penalty of |
---|
1646 | | - | 51.30$100 $1,000 and reasonable attorney fees. A patient may bring an action for injunctive relief |
---|
1647 | | - | 51.31to prevent or end a violation of subdivisions 3 to 6a. |
---|
1648 | | - | 51.32 Subd. 8.Sanctions restricted for those on parole, supervised release, or conditional |
---|
1649 | | - | 51.33release.(a) This subdivision applies to an individual placed on parole, supervised release, |
---|
1650 | | - | 51.34or conditional release. |
---|
1651 | | - | 51Sec. 62. |
---|
1652 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 52.1 (b) The commissioner of corrections may not: |
---|
1653 | | - | 52.2 (1) prohibit an individual from participating in the registry program or a Tribal medical |
---|
1654 | | - | 52.3cannabis program as a condition of release; or |
---|
1655 | | - | 52.4 (2) revoke an individual's parole, supervised release, or conditional release or otherwise |
---|
1656 | | - | 52.5sanction an individual solely: |
---|
1657 | | - | 52.6 (i) for participating in the registry program or a Tribal medical cannabis program; or |
---|
1658 | | - | 52.7 (ii) for a positive drug test for cannabis components or metabolites. |
---|
1659 | | - | 52.8 Sec. 63. Minnesota Statutes 2024, section 342.59, subdivision 2, is amended to read: |
---|
1660 | | - | 52.9 Subd. 2.Allowable use; prohibited use.Data specified in subdivision 1 may be used |
---|
1661 | | - | 52.10to comply with chapter 13, to comply with a request from the legislative auditor or the state |
---|
1662 | | - | 52.11auditor in the performance of official duties, and for purposes specified in sections 342.47 |
---|
1663 | | - | 52.12342.51 to 342.60. Data specified in subdivision 1 and maintained by the Office of Cannabis |
---|
1664 | | - | 52.13Management or Division of Medical Cannabis must not be used for any purpose not specified |
---|
1665 | | - | 52.14in sections 342.47 342.51 to 342.60 and must not be combined or linked in any manner |
---|
1666 | | - | 52.15with any other list, dataset, or database. Data specified in subdivision 1 must not be shared |
---|
1667 | | - | 52.16with any federal agency, federal department, or federal entity unless specifically ordered |
---|
1668 | | - | 52.17to do so by a state or federal court. |
---|
1669 | | - | 52.18Sec. 64. Minnesota Statutes 2024, section 342.61, subdivision 4, is amended to read: |
---|
1670 | | - | 52.19 Subd. 4.Testing of samples; disclosures.(a) On a schedule determined by the office, |
---|
1671 | | - | 52.20every cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis |
---|
1672 | | - | 52.21manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency |
---|
1673 | | - | 52.22hemp edible manufacturer, or medical cannabis combination business shall make each batch |
---|
1674 | | - | 52.23of cannabis flower, cannabis products, artificially derived cannabinoids, lower-potency |
---|
1675 | | - | 52.24hemp edibles, or hemp-derived consumer products grown, manufactured, or imported by |
---|
1676 | | - | 52.25the cannabis business or hemp business available to a cannabis testing facility. |
---|
1677 | | - | 52.26 (b) A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis |
---|
1678 | | - | 52.27manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency |
---|
1679 | | - | 52.28hemp edible manufacturer, or medical cannabis combination business must disclose all |
---|
1680 | | - | 52.29known information regarding pesticides, fertilizers, solvents, or other foreign materials, |
---|
1681 | | - | 52.30including but not limited to catalysts used in creating artificially derived cannabinoids, |
---|
1682 | | - | 52.31applied or added to the batch of cannabis flower, cannabis products, artificially derived |
---|
1683 | | - | 52.32cannabinoids, lower-potency hemp edibles, or hemp-derived consumer products subject to |
---|
1684 | | - | 52Sec. 64. |
---|
1685 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 53.1testing. Disclosure must be made to the cannabis testing facility and must include information |
---|
1686 | | - | 53.2about all applications by any person, whether intentional or accidental. |
---|
1687 | | - | 53.3 (c) The A cannabis testing facility business shall select one or more representative |
---|
1688 | | - | 53.4samples from each batch, test the samples for the presence of contaminants, and test the |
---|
1689 | | - | 53.5samples for potency and homogeneity and to allow the cannabis flower, cannabis product, |
---|
1690 | | - | 53.6artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer |
---|
1691 | | - | 53.7product to be accurately labeled with its cannabinoid profile. Testing for contaminants must |
---|
1692 | | - | 53.8include testing for residual solvents, foreign material, microbiological contaminants, heavy |
---|
1693 | | - | 53.9metals, pesticide residue, mycotoxins, and any items identified pursuant to paragraph (b), |
---|
1694 | | - | 53.10and may include testing for other contaminants. A cannabis testing facility must destroy or |
---|
1695 | | - | 53.11return to the cannabis business or hemp business any part of the sample that remains after |
---|
1696 | | - | 53.12testing. |
---|
1697 | | - | 53.13Sec. 65. Minnesota Statutes 2024, section 342.63, subdivision 2, is amended to read: |
---|
1698 | | - | 53.14 Subd. 2.Content of label; cannabis.All cannabis flower and hemp-derived consumer |
---|
1699 | | - | 53.15products that consist of hemp plant parts sold to customers or patients must have affixed |
---|
1700 | | - | 53.16on the packaging or container of the cannabis flower or hemp-derived consumer product a |
---|
1701 | | - | 53.17label that contains at least the following information: |
---|
1702 | | - | 53.18 (1) the name and license number of the cannabis microbusiness, cannabis mezzobusiness, |
---|
1703 | | - | 53.19cannabis cultivator, medical cannabis combination business, or industrial hemp grower |
---|
1704 | | - | 53.20where the cannabis flower or hemp plant part was cultivated; |
---|
1705 | | - | 53.21 (2) the net weight or volume of cannabis flower or hemp plant parts in the package or |
---|
1706 | | - | 53.22container; |
---|
1707 | | - | 53.23 (3) the batch number; |
---|
1708 | | - | 53.24 (4) the cannabinoid profile; |
---|
1709 | | - | 53.25 (5) a universal symbol established by the office indicating that the package or container |
---|
1710 | | - | 53.26contains cannabis flower, a cannabis product, a lower-potency hemp edible, or a |
---|
1711 | | - | 53.27hemp-derived consumer product; |
---|
1712 | | - | 53.28 (6) verification that the cannabis flower or hemp plant part was tested according to |
---|
1713 | | - | 53.29section 342.61 and that the cannabis flower or hemp plant part complies with the applicable |
---|
1714 | | - | 53.30standards; |
---|
1715 | | - | 53.31 (7) information on the usage of the cannabis flower or hemp-derived consumer product; |
---|
1716 | | - | 53.32 (8) the following statement: "Keep this product out of reach of children."; and |
---|
1717 | | - | 53Sec. 65. |
---|
1718 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 54.1 (9) any other statements or information required by the office. |
---|
1719 | | - | 54.2 Sec. 66. Minnesota Statutes 2024, section 342.63, subdivision 3, is amended to read: |
---|
1720 | | - | 54.3 Subd. 3.Content of label; cannabinoid products.(a) All cannabis products, |
---|
1721 | | - | 54.4lower-potency hemp edibles, hemp concentrate, hemp-derived consumer products other |
---|
1722 | | - | 54.5than products subject to the requirements under subdivision 2, medical cannabinoid products, |
---|
1723 | | - | 54.6and hemp-derived topical products sold to customers or patients must have affixed to the |
---|
1724 | | - | 54.7packaging or container of the cannabis product a label that contains at least the following |
---|
1725 | | - | 54.8information: |
---|
1726 | | - | 54.9 (1) the name and license number of the cannabis microbusiness, cannabis mezzobusiness, |
---|
1727 | | - | 54.10cannabis cultivator, medical cannabis combination business, or industrial hemp grower that |
---|
1728 | | - | 54.11cultivated the cannabis flower or hemp plant parts used in the cannabis product, |
---|
1729 | | - | 54.12lower-potency hemp edible, hemp-derived consumer product, or medical cannabinoid |
---|
1730 | | - | 54.13product; |
---|
1731 | | - | 54.14 (2) the name and license number of the cannabis microbusiness, cannabis mezzobusiness, |
---|
1732 | | - | 54.15cannabis manufacturer, lower-potency hemp edible manufacturer, medical cannabis |
---|
1733 | | - | 54.16combination business, or industrial hemp grower that manufactured the cannabis concentrate, |
---|
1734 | | - | 54.17hemp concentrate, or artificially derived cannabinoid and, if different, the name and license |
---|
1735 | | - | 54.18number of the cannabis microbusiness, cannabis mezzobusiness, cannabis manufacturer, |
---|
1736 | | - | 54.19lower-potency hemp edible manufacturer, or medical cannabis combination business that |
---|
1737 | | - | 54.20manufactured the product; |
---|
1738 | | - | 54.21 (3) the net weight or volume of the cannabis product, lower-potency hemp edible, or |
---|
1739 | | - | 54.22hemp-derived consumer product in the package or container; |
---|
1740 | | - | 54.23 (4) the type of cannabis product, lower-potency hemp edible, or hemp-derived consumer |
---|
1741 | | - | 54.24product; |
---|
1742 | | - | 54.25 (5) the batch number; |
---|
1743 | | - | 54.26 (6) the serving size; |
---|
1744 | | - | 54.27 (7) the cannabinoid profile per serving and in total; |
---|
1745 | | - | 54.28 (8) a list of ingredients; |
---|
1746 | | - | 54.29 (9) a universal symbol established by the office indicating that the package or container |
---|
1747 | | - | 54.30contains cannabis flower, a cannabis product, a lower-potency hemp edible, or a |
---|
1748 | | - | 54.31hemp-derived consumer product; |
---|
1749 | | - | 54Sec. 66. |
---|
1750 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 55.1 (10) a warning symbol developed by the office in consultation with the commissioner |
---|
1751 | | - | 55.2of health and the Minnesota Poison Control System that: |
---|
1752 | | - | 55.3 (i) is at least three-quarters of an inch tall and six-tenths of an inch wide; |
---|
1753 | | - | 55.4 (ii) is in a highly visible color; |
---|
1754 | | - | 55.5 (iii) includes a visual element that is commonly understood to mean a person should |
---|
1755 | | - | 55.6stop; |
---|
1756 | | - | 55.7 (iv) indicates that the product is not for children; and |
---|
1757 | | - | 55.8 (v) includes the phone number of the Minnesota Poison Control System; |
---|
1758 | | - | 55.9 (11) verification that the cannabis product, lower-potency hemp edible, hemp-derived |
---|
1759 | | - | 55.10consumer product, or medical cannabinoid product was tested according to section 342.61 |
---|
1760 | | - | 55.11and that the cannabis product, lower-potency hemp edible, hemp-derived consumer product, |
---|
1761 | | - | 55.12or medical cannabinoid product complies with the applicable standards; |
---|
1762 | | - | 55.13 (12) information on the usage of the product; |
---|
1763 | | - | 55.14 (13) the following statement: "Keep this product out of reach of children."; and |
---|
1764 | | - | 55.15 (14) any other statements or information required by the office. |
---|
1765 | | - | 55.16 (b) The office may by rule establish alternative labeling requirements for lower-potency |
---|
1766 | | - | 55.17hemp edibles that are imported into the state if those requirements provide consumers with |
---|
1767 | | - | 55.18information that is substantially similar to the information described in paragraph (a). |
---|
1768 | | - | 55.19Sec. 67. Minnesota Statutes 2024, section 342.63, subdivision 5, is amended to read: |
---|
1769 | | - | 55.20 Subd. 5.Content of label; hemp-derived topical products.(a) All hemp-derived topical |
---|
1770 | | - | 55.21products sold to customers must have affixed to the packaging or container of the product |
---|
1771 | | - | 55.22a label that contains at least the following information: |
---|
1772 | | - | 55.23 (1) the manufacturer name, location, phone number, and website; |
---|
1773 | | - | 55.24 (2) the name and address of the independent, accredited laboratory used by the |
---|
1774 | | - | 55.25manufacturer to test the product; |
---|
1775 | | - | 55.26 (3) the net weight or volume of the product in the package or container; |
---|
1776 | | - | 55.27 (4) the type of topical product; |
---|
1777 | | - | 55.28 (5) the amount or percentage of cannabidiol, cannabigerol, or any other cannabinoid, |
---|
1778 | | - | 55.29derivative, or extract of hemp, per serving and in total; |
---|
1779 | | - | 55.30 (6) a list of ingredients; |
---|
1780 | | - | 55Sec. 67. |
---|
1781 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 56.1 (7) a statement that the product does not claim to diagnose, treat, cure, or prevent any |
---|
1782 | | - | 56.2disease and that the product has not been evaluated or approved by the United States Food |
---|
1783 | | - | 56.3and Drug Administration, unless the product has been so approved; and |
---|
1784 | | - | 56.4 (8) any other statements or information required by the office. |
---|
1785 | | - | 56.5 (b) The information required in paragraph (a), clauses (1), (2), and (5), may be provided |
---|
1786 | | - | 56.6through the use of a scannable barcode or matrix barcode that links to a page on a website |
---|
1787 | | - | 56.7maintained by the manufacturer or distributor if that page contains all of the information |
---|
1788 | | - | 56.8required by this subdivision. |
---|
1789 | | - | 56.9 Sec. 68. Minnesota Statutes 2024, section 342.63, subdivision 6, is amended to read: |
---|
1790 | | - | 56.10 Subd. 6.Additional information.(a) A cannabis microbusiness, cannabis mezzobusiness, |
---|
1791 | | - | 56.11cannabis retailer, or medical cannabis combination business must provide customers and |
---|
1792 | | - | 56.12patients with the following information: |
---|
1793 | | - | 56.13 (1) factual information about impairment effects and the expected timing of impairment |
---|
1794 | | - | 56.14effects, side effects, adverse effects, and health risks of cannabis flower, cannabis products, |
---|
1795 | | - | 56.15lower-potency hemp edibles, and hemp-derived consumer products; |
---|
1796 | | - | 56.16 (2) a statement that customers and patients must not operate a motor vehicle or heavy |
---|
1797 | | - | 56.17machinery while under the influence of cannabis flower, cannabis products, lower-potency |
---|
1798 | | - | 56.18hemp edibles, and hemp-derived consumer products; |
---|
1799 | | - | 56.19 (3) resources customers and patients may consult to answer questions about cannabis |
---|
1800 | | - | 56.20flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer |
---|
1801 | | - | 56.21products, and any side effects and adverse effects; |
---|
1802 | | - | 56.22 (4) contact information for the poison control center and a safety hotline or website for |
---|
1803 | | - | 56.23customers to report and obtain advice about side effects and adverse effects of cannabis |
---|
1804 | | - | 56.24flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer |
---|
1805 | | - | 56.25products; |
---|
1806 | | - | 56.26 (5) substance use disorder treatment options; and |
---|
1807 | | - | 56.27 (6) any other information specified by the office. |
---|
1808 | | - | 56.28 (b) A cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, or medical |
---|
1809 | | - | 56.29cannabis combination business may include the information described in paragraph (a) by: |
---|
1810 | | - | 56.30 (1) including the information on the label affixed to the packaging or container of cannabis |
---|
1811 | | - | 56.31flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products |
---|
1812 | | - | 56.32by:; |
---|
1813 | | - | 56Sec. 68. |
---|
1814 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 57.1 (1) (2) posting the information in the premises of the cannabis microbusiness, cannabis |
---|
1815 | | - | 57.2mezzobusiness, cannabis retailer, or medical cannabis combination business; or |
---|
1816 | | - | 57.3 (2) (3) providing the information on a separate document or pamphlet provided to |
---|
1817 | | - | 57.4customers or patients when the customer purchases cannabis flower, a cannabis product, a |
---|
1818 | | - | 57.5lower-potency hemp edible, or a hemp-derived consumer product. |
---|
1819 | | - | 57.6 Sec. 69. Minnesota Statutes 2024, section 342.66, subdivision 6, is amended to read: |
---|
1820 | | - | 57.7 Subd. 6.Prohibitions.(a) A product sold to consumers under this section must not be |
---|
1821 | | - | 57.8manufactured, marketed, distributed, or intended: |
---|
1822 | | - | 57.9 (1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention |
---|
1823 | | - | 57.10of disease in humans or other animals; |
---|
1824 | | - | 57.11 (2) to affect the structure or any function of the bodies of humans or other animals; |
---|
1825 | | - | 57.12 (3) to be consumed by combustion or vaporization of the product and inhalation of |
---|
1826 | | - | 57.13smoke, aerosol, or vapor from the product; |
---|
1827 | | - | 57.14 (4) to be consumed through chewing; or |
---|
1828 | | - | 57.15 (5) to be consumed through injection or application to nonintact skin or a mucous |
---|
1829 | | - | 57.16membrane or nonintact skin, except for products applied sublingually. |
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1830 | | - | 57.17 (b) A product manufactured, marketed, distributed, or sold to consumers under this |
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1831 | | - | 57.18section must not: |
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1832 | | - | 57.19 (1) consist, in whole or in part, of any filthy, putrid, or decomposed substance; |
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1833 | | - | 57.20 (2) have been produced, prepared, packed, or held under unsanitary conditions where |
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1834 | | - | 57.21the product may have been rendered injurious to health, or where the product may have |
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1835 | | - | 57.22been contaminated with filth; |
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1836 | | - | 57.23 (3) be packaged in a container that is composed, in whole or in part, of any poisonous |
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1837 | | - | 57.24or deleterious substance that may render the contents injurious to health; |
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1838 | | - | 57.25 (4) contain any additives or excipients that have been found by the United States Food |
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1839 | | - | 57.26and Drug Administration to be unsafe for human or animal consumption; |
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1840 | | - | 57.27 (5) contain a cannabinoid or an amount or percentage of cannabinoids that is different |
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1841 | | - | 57.28than the information stated on the label; |
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1842 | | - | 57.29 (6) contain a cannabinoid, other than cannabidiol, cannabigerol, or a cannabinoid |
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1843 | | - | 57.30approved by the office, in an amount that exceeds the standard established in subdivision |
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1844 | | - | 57.312 3, paragraph (c); or |
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1845 | | - | 57Sec. 69. |
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1846 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 58.1 (7) contain any contaminants for which testing is required by the office in amounts that |
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1847 | | - | 58.2exceed the acceptable minimum standards established by the office. |
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1848 | | - | 58.3 (c) No product containing any cannabinoid may be sold to any individual who is under |
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1849 | | - | 58.421 years of age. |
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1850 | | - | 58.5 Sec. 70. REPEALER. |
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1851 | | - | 58.6 Minnesota Statutes 2024, sections 152.22, subdivision 2; and 342.151, subdivision 1, |
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1852 | | - | 58.7are repealed. |
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1853 | | - | 58Sec. 70. |
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1854 | | - | S2370-1 1st EngrossmentSF2370 REVISOR BD 152.22 DEFINITIONS. |
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1855 | | - | Subd. 2.Commissioner."Commissioner" means the commissioner of health. |
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1856 | | - | 342.151 EMPLOYEES OF LICENSE HOLDERS. |
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1857 | | - | Subdivision 1.Definitions.For purposes of this section, a "license holder" includes a cannabis |
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1858 | | - | microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis manufacturer, cannabis |
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1859 | | - | retailer, cannabis wholesaler, cannabis transporter, cannabis testing facility, cannabis event organizer, |
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1860 | | - | cannabis delivery service, lower-potency hemp edible manufacturer, lower-potency hemp edible |
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1861 | | - | retailer, or medical cannabis combination business. |
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1862 | | - | 1R |
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1863 | | - | APPENDIX |
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1864 | | - | Repealed Minnesota Statutes: S2370-1 |
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| 145 | + | 25-04139 as introduced02/19/25 REVISOR BD/MI |
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