Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2372 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to cannabis; modifying medical cannabis and cannabis provisions;​
33 1.3 amending Minnesota Statutes 2024, sections 152.22, subdivisions 4, 7, 10, 13;​
44 1.4 152.24; 152.25; 152.26; 152.261; 152.27, subdivisions 2, 7; 152.28, subdivisions​
55 1.5 1, 3; 152.29, subdivisions 1, 2, 3a, 4; 152.31; 152.32, subdivision 2; 152.33,​
66 1.6 subdivisions 1a, 4; 152.35; 152.37; 342.01, subdivisions 9, 47, 54, by adding a​
77 1.7 subdivision; 342.02, subdivision 3; 342.12; 342.14, subdivisions 3, 6; 342.151,​
88 1.8 subdivisions 2, 3; 342.22, subdivision 3; 342.28, subdivisions 1, 8; 342.29,​
99 1.9 subdivisions 1, 7; 342.30, subdivision 1; 342.33, subdivision 1; 342.44, subdivision​
1010 1.10 1; 342.46, subdivision 6; 342.52, by adding a subdivision; 342.57, subdivision 2;​
1111 1.11 342.59, subdivision 2; 342.61, subdivision 4; 342.63, subdivisions 2, 3, 6; repealing​
1212 1.12 Minnesota Statutes 2024, sections 152.22, subdivision 2; 342.01, subdivision 71;​
1313 1.13 342.151, subdivision 1.​
1414 1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1515 1.15 Section 1. Minnesota Statutes 2024, section 152.22, subdivision 4, is amended to read:​
1616 1.16 Subd. 4.Health care practitioner."Health care practitioner" means a Minnesota licensed​
1717 1.17Minnesota-licensed doctor of medicine, a Minnesota licensed Minnesota-licensed physician​
1818 1.18assistant acting within the scope of authorized practice, or a Minnesota licensed​
1919 1.19Minnesota-licensed advanced practice registered nurse who has an active license in good​
2020 1.20standing and the primary responsibility for the care and treatment of the qualifying medical​
2121 1.21condition of a person an individual diagnosed with a qualifying medical condition.​
2222 1.22 Sec. 2. Minnesota Statutes 2024, section 152.22, subdivision 7, is amended to read:​
2323 1.23 Subd. 7.Medical cannabis manufacturer."Medical cannabis manufacturer" or​
2424 1.24"manufacturer" means an entity registered by the commissioner office to cultivate, acquire,​
2525 1.25manufacture, possess, prepare, transfer, transport, supply, or dispense medical cannabis,​
2626 1.26delivery devices, or related supplies and educational materials.​
2727 1​Sec. 2.​
2828 25-00281 as introduced​02/19/25 REVISOR EB/VJ​
2929 SENATE​
3030 STATE OF MINNESOTA​
3131 S.F. No. 2372​NINETY-FOURTH SESSION​
3232 (SENATE AUTHORS: DIBBLE)​
3333 OFFICIAL STATUS​D-PG​DATE​
3434 Introduction and first reading​03/10/2025​
3535 Referred to Health and Human Services​ 2.1 Sec. 3. Minnesota Statutes 2024, section 152.22, subdivision 10, is amended to read:​
3636 2.2 Subd. 10.Patient registry number."Patient registry number" means a unique​
3737 2.3identification number assigned by the commissioner office to a patient enrolled in the registry​
3838 2.4program.​
3939 2.5 Sec. 4. Minnesota Statutes 2024, section 152.22, subdivision 13, is amended to read:​
4040 2.6 Subd. 13.Registry verification."Registry verification" means the verification provided​
4141 2.7by the commissioner office that a patient is enrolled in the registry program and that includes​
4242 2.8the patient's name, registry number, and, if applicable, the name of the patient's registered​
4343 2.9designated caregiver or parent, legal guardian, or spouse.​
4444 2.10 Sec. 5. Minnesota Statutes 2024, section 152.24, is amended to read:​
4545 2.11 152.24 FEDERALLY APPROVED CLINICAL TRIALS.​
4646 2.12 The commissioner office may prohibit enrollment of a patient in the registry program​
4747 2.13if the patient is simultaneously enrolled in a federally approved clinical trial for the treatment​
4848 2.14of a qualifying medical condition with medical cannabis. The commissioner office shall​
4949 2.15provide information to all patients enrolled in the registry program on the existence of​
5050 2.16federally approved clinical trials for the treatment of the patient's qualifying medical condition​
5151 2.17with medical cannabis as an alternative to enrollment in the patient registry program.​
5252 2.18 Sec. 6. Minnesota Statutes 2024, section 152.25, is amended to read:​
5353 2.19 152.25 COMMISSIONER OFFICE DUTIES.​
5454 2.20 Subdivision 1.Medical cannabis manufacturer registration.(a) The commissioner​
5555 2.21office shall register two in-state manufacturers for the production of all medical cannabis​
5656 2.22within the state. A registration agreement between the commissioner office and a​
5757 2.23manufacturer is nontransferable. The commissioner office shall register new manufacturers​
5858 2.24or reregister the existing manufacturers by December 1 every two years, using the factors​
5959 2.25described in this subdivision. The commissioner office shall accept applications after​
6060 2.26December 1, 2014, if one of the manufacturers registered before December 1, 2014, ceases​
6161 2.27to be registered as a manufacturer. The commissioner's office's determination that no​
6262 2.28manufacturer exists to fulfill the duties under sections 152.22 to 152.37 is subject to judicial​
6363 2.29review in Ramsey County District Court. Data submitted during the application process are​
6464 2.30private data on individuals or nonpublic data as defined in section 13.02 until the​
6565 2.31manufacturer is registered under this section. Data on a manufacturer that is registered are​
6666 2.32public data, unless the data are trade secret or security information under section 13.37.​
6767 2​Sec. 6.​
6868 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 3.1 (b) As a condition for registration, a manufacturer must agree to:​
6969 3.2 (1) begin supplying medical cannabis to patients by July 1, 2015; and​
7070 3.3 (2) comply with all requirements under sections 152.22 to 152.37.​
7171 3.4 (c) The commissioner office shall consider the following factors when determining​
7272 3.5which manufacturer to register:​
7373 3.6 (1) the technical expertise of the manufacturer in cultivating medical cannabis and​
7474 3.7converting the medical cannabis into an acceptable delivery method under section 152.22,​
7575 3.8subdivision 6;​
7676 3.9 (2) the qualifications of the manufacturer's employees;​
7777 3.10 (3) the long-term financial stability of the manufacturer;​
7878 3.11 (4) the ability to provide appropriate security measures on the premises of the​
7979 3.12manufacturer;​
8080 3.13 (5) whether the manufacturer has demonstrated an ability to meet the medical cannabis​
8181 3.14production needs required by sections 152.22 to 152.37; and​
8282 3.15 (6) the manufacturer's projection and ongoing assessment of fees on patients with a​
8383 3.16qualifying medical condition.​
8484 3.17 (d) If an officer, director, or controlling person of the manufacturer pleads or is found​
8585 3.18guilty of intentionally diverting medical cannabis to a person other than allowed by law​
8686 3.19under section 152.33, subdivision 1, the commissioner office may decide not to renew the​
8787 3.20registration of the manufacturer, provided the violation occurred while the person was an​
8888 3.21officer, director, or controlling person of the manufacturer.​
8989 3.22 (e) The commissioner office shall require each medical cannabis manufacturer to contract​
9090 3.23with an independent laboratory to test medical cannabis produced by the manufacturer. The​
9191 3.24commissioner office shall approve the laboratory chosen by each manufacturer and require​
9292 3.25that the laboratory report testing results to the manufacturer in a manner determined by the​
9393 3.26commissioner office.​
9494 3.27 Subd. 1a.Revocation or nonrenewal of a medical cannabis manufacturer​
9595 3.28registration.If the commissioner office intends to revoke or not renew a registration issued​
9696 3.29under this section, the commissioner office must first notify in writing the manufacturer​
9797 3.30against whom the action is to be taken and provide the manufacturer with an opportunity​
9898 3.31to request a hearing under the contested case provisions of chapter 14. If the manufacturer​
9999 3.32does not request a hearing by notifying the commissioner office in writing within 20 days​
100100 3​Sec. 6.​
101101 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 4.1after receipt of the notice of proposed action, the commissioner office may proceed with​
102102 4.2the action without a hearing. For revocations, the registration of a manufacturer is considered​
103103 4.3revoked on the date specified in the commissioner's office's written notice of revocation.​
104104 4.4 Subd. 1b.Temporary suspension proceedings.The commissioner office may institute​
105105 4.5proceedings to temporarily suspend the registration of a medical cannabis manufacturer for​
106106 4.6a period of up to 90 days by notifying the manufacturer in writing if any action by an​
107107 4.7employee, agent, officer, director, or controlling person of the manufacturer:​
108108 4.8 (1) violates any of the requirements of sections 152.22 to 152.37 or the rules adopted​
109109 4.9thereunder;​
110110 4.10 (2) permits, aids, or abets the commission of any violation of state law at the​
111111 4.11manufacturer's location for cultivation, harvesting, manufacturing, packaging, and processing​
112112 4.12or at any site for distribution of medical cannabis;​
113113 4.13 (3) performs any act contrary to the welfare of a registered patient or registered designated​
114114 4.14caregiver; or​
115115 4.15 (4) obtains, or attempts to obtain, a registration by fraudulent means or misrepresentation.​
116116 4.16 Subd. 1c.Notice to patients.Upon the revocation or nonrenewal of a manufacturer's​
117117 4.17registration under subdivision 1a or implementation of an enforcement action under​
118118 4.18subdivision 1b that may affect the ability of a registered patient, registered designated​
119119 4.19caregiver, or a registered patient's parent, legal guardian, or spouse to obtain medical cannabis​
120120 4.20from the manufacturer subject to the enforcement action, the commissioner office shall​
121121 4.21notify in writing each registered patient and the patient's registered designated caregiver or​
122122 4.22registered patient's parent, legal guardian, or spouse about the outcome of the proceeding​
123123 4.23and information regarding alternative registered manufacturers. This notice must be provided​
124124 4.24two or more business days prior to the effective date of the revocation, nonrenewal, or other​
125125 4.25enforcement action.​
126126 4.26 Subd. 2.Range of compounds and dosages; report.The office shall review and publicly​
127127 4.27report the existing medical and scientific literature regarding the range of recommended​
128128 4.28dosages for each qualifying condition and the range of chemical compositions of any plant​
129129 4.29of the genus cannabis that will likely be medically beneficial for each of the qualifying​
130130 4.30medical conditions. The office shall make this information available to patients with​
131131 4.31qualifying medical conditions beginning December 1, 2014, and update the information​
132132 4.32every three years. The office may consult with the independent laboratory under contract​
133133 4.33with the manufacturer or other experts in reporting the range of recommended dosages for​
134134 4.34each qualifying medical condition, the range of chemical compositions that will likely be​
135135 4​Sec. 6.​
136136 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 5.1medically beneficial, and any risks of noncannabis drug interactions. The office shall consult​
137137 5.2with each manufacturer on an annual basis on medical cannabis offered by the manufacturer.​
138138 5.3The list of medical cannabis offered by a manufacturer shall be published on the Office of​
139139 5.4Cannabis Management website.​
140140 5.5 Subd. 3.Deadlines.The commissioner office shall adopt rules necessary for the​
141141 5.6manufacturer to begin distribution of medical cannabis to patients under the registry program​
142142 5.7by July 1, 2015, and have notice of proposed rules published in the State Register prior to​
143143 5.8January 1, 2015.​
144144 5.9 Subd. 4.Reports.(a) The commissioner office shall provide regular updates to the task​
145145 5.10force on medical cannabis therapeutic research and to the chairs and ranking minority​
146146 5.11members of the legislative committees with jurisdiction over health and human services,​
147147 5.12public safety, judiciary, and civil law Cannabis Advisory Council under section 342.03​
148148 5.13regarding: (1) any changes in federal law or regulatory restrictions regarding the use of​
149149 5.14medical cannabis or hemp; and (2) the market demand and supply in this state for products​
150150 5.15made from hemp that can be used for medicinal purposes.​
151151 5.16 (b) The commissioner office may submit medical research based on the data collected​
152152 5.17under sections 152.22 to 152.37 to any federal agency with regulatory or enforcement​
153153 5.18authority over medical cannabis to demonstrate the effectiveness of medical cannabis for​
154154 5.19treating a qualifying medical condition.​
155155 5.20 Sec. 7. Minnesota Statutes 2024, section 152.26, is amended to read:​
156156 5.21 152.26 RULEMAKING.​
157157 5.22 (a) The commissioner office may adopt rules to implement sections 152.22 to 152.37.​
158158 5.23Rules for which notice is published in the State Register before January 1, 2015, may be​
159159 5.24adopted using the process in section 14.389.​
160160 5.25 (b) The commissioner office may adopt or amend rules, using the procedure in section​
161161 5.2614.386, paragraph (a), to implement the addition of dried raw cannabis as an allowable form​
162162 5.27of medical cannabis under section 152.22, subdivision 6, paragraph (a), clause (4). Section​
163163 5.2814.386, paragraph (b), does not apply to these rules.​
164164 5.29 Sec. 8. Minnesota Statutes 2024, section 152.261, is amended to read:​
165165 5.30 152.261 RULES; ADVERSE INCIDENTS.​
166166 5.31 (a) The commissioner of health office shall adopt rules to establish requirements for​
167167 5.32reporting incidents when individuals who are not authorized to possess medical cannabis​
168168 5​Sec. 8.​
169169 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 6.1under sections 152.22 to 152.37 are found in possession of medical cannabis. The rules​
170170 6.2must identify professionals required to report, the information they are required to report,​
171171 6.3and actions the reporter must take to secure the medical cannabis.​
172172 6.4 (b) The commissioner of health office shall adopt rules to establish requirements for law​
173173 6.5enforcement officials and health care professionals to report incidents involving an overdose​
174174 6.6of medical cannabis to the commissioner of health office.​
175175 6.7 (c) Rules must include the method by which the commissioner office will collect and​
176176 6.8tabulate reports of unauthorized possession and overdose.​
177177 6.9 Sec. 9. Minnesota Statutes 2024, section 152.27, subdivision 2, is amended to read:​
178178 6.10 Subd. 2.Office duties.(a) The office shall:​
179179 6.11 (1) give notice of the program to health care practitioners in the state who are eligible​
180180 6.12to serve as health care practitioners and explain the purposes and requirements of the​
181181 6.13program;​
182182 6.14 (2) allow each health care practitioner who meets or agrees to meet the program's​
183183 6.15requirements and who requests to participate, to be included in the registry program to​
184184 6.16collect data for the patient registry;​
185185 6.17 (3) provide explanatory information and assistance to each health care practitioner in​
186186 6.18understanding the nature of therapeutic use of medical cannabis within program requirements;​
187187 6.19 (4) create and provide a certification to be used by a health care practitioner for the​
188188 6.20practitioner to certify whether a patient has been diagnosed with a qualifying medical​
189189 6.21condition;​
190190 6.22 (5) supervise the participation of the health care practitioner in conducting patient​
191191 6.23treatment and health records reporting in a manner that ensures stringent security and​
192192 6.24record-keeping requirements and that prevents the unauthorized release of private data on​
193193 6.25individuals as defined by section 13.02;​
194194 6.26 (6) develop safety criteria for patients with a qualifying medical condition as a​
195195 6.27requirement of the patient's participation in the program, to prevent the patient from​
196196 6.28undertaking any task under the influence of medical cannabis that would constitute negligence​
197197 6.29or professional malpractice on the part of the patient; and​
198198 6.30 (7) conduct research and studies based on data from health records submitted to the​
199199 6.31registry program and submit reports on intermediate or final research results to the legislature​
200200 6.32and major scientific journals. The office may contract with a third party to complete the​
201201 6​Sec. 9.​
202202 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 7.1requirements of this clause. Any reports submitted must comply with section 152.28,​
203203 7.2subdivision 2.​
204204 7.3 (b) The office may add a delivery method under section 152.22, subdivision 6, upon a​
205205 7.4petition from a member of the public or the Cannabis Advisory Council under section 342.03​
206206 7.5or as directed by law. If the office wishes to add a delivery method under section 152.22,​
207207 7.6subdivision 6, the office must notify the chairs and ranking minority members of the​
208208 7.7legislative policy committees having jurisdiction over health and public safety of the addition​
209209 7.8and the reasons for its addition, including any written comments received by the office from​
210210 7.9the public and any guidance received from the Cannabis Advisory Council under section​
211211 7.10342.03, by January 15 of the year in which the office wishes to make the change. The change​
212212 7.11shall be effective on August 1 of that year, unless the legislature by law provides otherwise.​
213213 7.12 Sec. 10. Minnesota Statutes 2024, section 152.27, subdivision 7, is amended to read:​
214214 7.13 Subd. 7.Notice requirements.Patients and registered designated caregivers shall notify​
215215 7.14the commissioner office of any address or name change within 30 days of the change having​
216216 7.15occurred. A patient or registered designated caregiver is subject to a $100 fine for failure​
217217 7.16to notify the commissioner office of the change.​
218218 7.17 Sec. 11. Minnesota Statutes 2024, section 152.28, subdivision 1, is amended to read:​
219219 7.18 Subdivision 1.Health care practitioner duties.(a) Prior to a patient's enrollment in​
220220 7.19the registry program, a health care practitioner shall:​
221221 7.20 (1) determine, in the health care practitioner's medical judgment, whether a patient suffers​
222222 7.21from a qualifying medical condition, and, if so determined, provide the patient with a​
223223 7.22certification of that diagnosis;​
224224 7.23 (2) advise patients, registered designated caregivers, and parents, legal guardians, or​
225225 7.24spouses who are acting as caregivers of the existence of any nonprofit patient support groups​
226226 7.25or organizations;​
227227 7.26 (3) provide explanatory information from the office to patients with qualifying medical​
228228 7.27conditions, including disclosure to all patients about the experimental nature of therapeutic​
229229 7.28use of medical cannabis; the possible risks, benefits, and side effects of the proposed​
230230 7.29treatment; the application and other materials from the office; and provide patients with the​
231231 7.30Tennessen warning as required by section 13.04, subdivision 2; and​
232232 7.31 (4) agree to continue treatment of the patient's qualifying medical condition and report​
233233 7.32medical findings to the office.​
234234 7​Sec. 11.​
235235 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 8.1 (b) Upon notification from the office of the patient's enrollment in the registry program,​
236236 8.2the health care practitioner shall:​
237237 8.3 (1) participate in the patient registry reporting system under the guidance and supervision​
238238 8.4of the office;​
239239 8.5 (2) report health records of the patient throughout the ongoing treatment of the patient​
240240 8.6to the office in a manner determined by the commissioner office and in accordance with​
241241 8.7subdivision 2;​
242242 8.8 (3) determine, every three years, if the patient continues to suffer from a qualifying​
243243 8.9medical condition and, if so, issue the patient a new certification of that diagnosis; and​
244244 8.10 (4) otherwise comply with all requirements developed by the office.​
245245 8.11 (c) A health care practitioner may utilize telehealth, as defined in section 62A.673,​
246246 8.12subdivision 2, for certifications and recertifications.​
247247 8.13 (d) Nothing in this section requires a health care practitioner to participate in the registry​
248248 8.14program.​
249249 8.15 Sec. 12. Minnesota Statutes 2024, section 152.28, subdivision 3, is amended to read:​
250250 8.16 Subd. 3.Advertising restrictions.(a) A health care practitioner shall not publish or​
251251 8.17cause to be published any advertisement that:​
252252 8.18 (1) contains false or misleading statements about medical cannabis or about the medical​
253253 8.19cannabis registry program;​
254254 8.20 (2) uses colloquial terms to refer to medical cannabis, such as pot, weed, or grass;​
255255 8.21 (3) states or implies the health care practitioner is endorsed by the Department of Health​
256256 8.22office or by the medical cannabis registry program;​
257257 8.23 (4) includes images of cannabis in its plant or leaf form or of cannabis-smoking​
258258 8.24paraphernalia; or​
259259 8.25 (5) contains medical symbols that could reasonably be confused with symbols of​
260260 8.26established medical associations or groups.​
261261 8.27 (b) A health care practitioner found by the commissioner office to have violated this​
262262 8.28subdivision is prohibited from certifying that patients have a qualifying medical condition​
263263 8.29for purposes of patient participation in the registry program. The commissioner's office's​
264264 8.30decision that a health care practitioner has violated this subdivision is a final decision of​
265265 8.31the commissioner office and is not subject to the contested case procedures in chapter 14.​
266266 8​Sec. 12.​
267267 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 9.1 Sec. 13. Minnesota Statutes 2024, section 152.29, subdivision 1, is amended to read:​
268268 9.2 Subdivision 1.Manufacturer; requirements.(a) A manufacturer may operate eight​
269269 9.3distribution facilities, which may include the manufacturer's single location for cultivation,​
270270 9.4harvesting, manufacturing, packaging, and processing but is not required to include that​
271271 9.5location. The commissioner office shall designate the geographical service areas to be served​
272272 9.6by each manufacturer based on geographical need throughout the state to improve patient​
273273 9.7access. A manufacturer shall not have more than two distribution facilities in each​
274274 9.8geographical service area assigned to the manufacturer by the commissioner office. A​
275275 9.9manufacturer shall operate only one location where all cultivation, harvesting, manufacturing,​
276276 9.10packaging, and processing of medical cannabis shall be conducted. This location may be​
277277 9.11one of the manufacturer's distribution facility sites. The additional distribution facilities​
278278 9.12may dispense medical cannabis and medical cannabis products but may not contain any​
279279 9.13medical cannabis in a form other than those forms allowed under section 152.22, subdivision​
280280 9.146, and the manufacturer shall not conduct any cultivation, harvesting, manufacturing,​
281281 9.15packaging, or processing at the other distribution facility sites. Any distribution facility​
282282 9.16operated by the manufacturer is subject to all of the requirements applying to the​
283283 9.17manufacturer under sections 152.22 to 152.37, including, but not limited to, security and​
284284 9.18distribution requirements.​
285285 9.19 (b) A manufacturer may acquire hemp grown in this state from a hemp grower, and may​
286286 9.20acquire hemp products produced by a hemp processor. A manufacturer may manufacture​
287287 9.21or process hemp and hemp products into an allowable form of medical cannabis under​
288288 9.22section 152.22, subdivision 6. Hemp and hemp products acquired by a manufacturer under​
289289 9.23this paragraph are subject to the same quality control program, security and testing​
290290 9.24requirements, and other requirements that apply to medical cannabis under sections 152.22​
291291 9.25to 152.37 and Minnesota Rules, chapter 4770.​
292292 9.26 (c) A medical cannabis manufacturer shall contract with a laboratory approved by the​
293293 9.27commissioner office, subject to any additional requirements set by the commissioner office,​
294294 9.28for purposes of testing medical cannabis manufactured or hemp or hemp products acquired​
295295 9.29by the medical cannabis manufacturer as to content, contamination, and consistency to​
296296 9.30verify the medical cannabis meets the requirements of section 152.22, subdivision 6. The​
297297 9.31cost of laboratory testing shall be paid by the manufacturer.​
298298 9.32 (d) The operating documents of a manufacturer must include:​
299299 9.33 (1) procedures for the oversight of the manufacturer and procedures to ensure accurate​
300300 9.34record keeping;​
301301 9​Sec. 13.​
302302 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 10.1 (2) procedures for the implementation of appropriate security measures to deter and​
303303 10.2prevent the theft of medical cannabis and unauthorized entrance into areas containing medical​
304304 10.3cannabis; and​
305305 10.4 (3) procedures for the delivery and transportation of hemp between hemp growers and​
306306 10.5manufacturers and for the delivery and transportation of hemp products between hemp​
307307 10.6processors and manufacturers.​
308308 10.7 (e) A manufacturer shall implement security requirements, including requirements for​
309309 10.8the delivery and transportation of hemp and hemp products, protection of each location by​
310310 10.9a fully operational security alarm system, facility access controls, perimeter intrusion​
311311 10.10detection systems, and a personnel identification system.​
312312 10.11 (f) A manufacturer shall not share office space with, refer patients to a health care​
313313 10.12practitioner, or have any financial relationship with a health care practitioner.​
314314 10.13 (g) A manufacturer shall not permit any person to consume medical cannabis on the​
315315 10.14property of the manufacturer.​
316316 10.15 (h) A manufacturer is subject to reasonable inspection by the commissioner office.​
317317 10.16 (i) For purposes of sections 152.22 to 152.37, a medical cannabis manufacturer is not​
318318 10.17subject to the Board of Pharmacy licensure or regulatory requirements under chapter 151.​
319319 10.18 (j) A medical cannabis manufacturer may not employ any person who is under 21 years​
320320 10.19of age or who has been convicted of a disqualifying felony offense. An employee of a​
321321 10.20medical cannabis manufacturer must submit a completed criminal history records check​
322322 10.21consent form, a full set of classifiable fingerprints, and the required fees for submission to​
323323 10.22the Bureau of Criminal Apprehension before an employee may begin working with the​
324324 10.23manufacturer. The bureau must conduct a Minnesota criminal history records check and​
325325 10.24the superintendent is authorized to exchange the fingerprints with the Federal Bureau of​
326326 10.25Investigation to obtain the applicant's national criminal history record information. The​
327327 10.26bureau shall return the results of the Minnesota and federal criminal history records checks​
328328 10.27to the commissioner office.​
329329 10.28 (k) A manufacturer may not operate in any location, whether for distribution or​
330330 10.29cultivation, harvesting, manufacturing, packaging, or processing, within 1,000 feet of a​
331331 10.30public or private school existing before the date of the manufacturer's registration with the​
332332 10.31commissioner office.​
333333 10.32 (l) A manufacturer shall comply with reasonable restrictions set by the commissioner​
334334 10.33office relating to signage, marketing, display, and advertising of medical cannabis.​
335335 10​Sec. 13.​
336336 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 11.1 (m) Before a manufacturer acquires hemp from a hemp grower or hemp products from​
337337 11.2a hemp processor, the manufacturer must verify that the hemp grower or hemp processor​
338338 11.3has a valid license issued by the commissioner of agriculture under chapter 18K.​
339339 11.4 (n) Until a state-centralized, seed-to-sale system is implemented that can track a specific​
340340 11.5medical cannabis plant from cultivation through testing and point of sale, the commissioner​
341341 11.6office shall conduct at least one unannounced inspection per year of each manufacturer that​
342342 11.7includes inspection of:​
343343 11.8 (1) business operations;​
344344 11.9 (2) physical locations of the manufacturer's manufacturing facility and distribution​
345345 11.10facilities;​
346346 11.11 (3) financial information and inventory documentation, including laboratory testing​
347347 11.12results; and​
348348 11.13 (4) physical and electronic security alarm systems.​
349349 11.14Sec. 14. Minnesota Statutes 2024, section 152.29, subdivision 2, is amended to read:​
350350 11.15 Subd. 2.Manufacturer; production.(a) A manufacturer of medical cannabis shall​
351351 11.16provide a reliable and ongoing supply of all medical cannabis needed for the registry program​
352352 11.17through cultivation by the manufacturer and through the purchase of hemp from hemp​
353353 11.18growers.​
354354 11.19 (b) All cultivation, harvesting, manufacturing, packaging, and processing of medical​
355355 11.20cannabis must take place in an enclosed, locked facility at a physical address provided to​
356356 11.21the commissioner office during the registration process.​
357357 11.22 (c) A manufacturer must process and prepare any medical cannabis plant material or​
358358 11.23hemp plant material into a form allowable under section 152.22, subdivision 6, prior to​
359359 11.24distribution of any medical cannabis.​
360360 11.25Sec. 15. Minnesota Statutes 2024, section 152.29, subdivision 3a, is amended to read:​
361361 11.26 Subd. 3a.Transportation of medical cannabis; transport staffing.(a) A medical​
362362 11.27cannabis manufacturer may staff a transport motor vehicle with only one employee if the​
363363 11.28medical cannabis manufacturer is transporting medical cannabis to either a certified​
364364 11.29laboratory for the purpose of testing or a facility for the purpose of disposal. If the medical​
365365 11.30cannabis manufacturer is transporting medical cannabis for any other purpose or destination,​
366366 11​Sec. 15.​
367367 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 12.1the transport motor vehicle must be staffed with a minimum of two employees as required​
368368 12.2by rules adopted by the commissioner office.​
369369 12.3 (b) Notwithstanding paragraph (a), a medical cannabis manufacturer that is only​
370370 12.4transporting hemp for any purpose may staff the transport motor vehicle with only one​
371371 12.5employee.​
372372 12.6 (c) A medical cannabis manufacturer may contract with a third party for armored car​
373373 12.7services for deliveries of medical cannabis from its production facility to distribution​
374374 12.8facilities. A medical cannabis manufacturer that contracts for armored car services remains​
375375 12.9responsible for the transportation manifest and inventory tracking requirements in rules​
376376 12.10adopted by the commissioner office.​
377377 12.11 (d) Department of Health Office staff may transport medical cannabis for the purposes​
378378 12.12of delivering medical cannabis and other samples to a laboratory for testing under rules​
379379 12.13adopted by the commissioner office and in cases of special investigations when the​
380380 12.14commissioner office has determined there is a potential threat to public health. The transport​
381381 12.15motor vehicle must be staffed with a minimum of two Department of Health office​
382382 12.16employees. The employees must carry with them their Department of Health office​
383383 12.17identification card and a transport manifest.​
384384 12.18Sec. 16. Minnesota Statutes 2024, section 152.29, subdivision 4, is amended to read:​
385385 12.19 Subd. 4.Report.(a) Each manufacturer shall report to the commissioner office on a​
386386 12.20monthly basis the following information on each individual patient for the month prior to​
387387 12.21the report:​
388388 12.22 (1) the amount and dosages of medical cannabis distributed;​
389389 12.23 (2) the chemical composition of the medical cannabis; and​
390390 12.24 (3) the tracking number assigned to any medical cannabis distributed.​
391391 12.25 (b) For transactions involving Tribal medical cannabis program patients, each​
392392 12.26manufacturer shall report to the commissioner office on a weekly basis the following​
393393 12.27information on each individual Tribal medical cannabis program patient for the week prior​
394394 12.28to the report:​
395395 12.29 (1) the name of the Tribal medical cannabis program in which the Tribal medical cannabis​
396396 12.30program patient is enrolled;​
397397 12.31 (2) the amount and dosages of medical cannabis distributed;​
398398 12.32 (3) the chemical composition of the medical cannabis distributed; and​
399399 12​Sec. 16.​
400400 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 13.1 (4) the tracking number assigned to the medical cannabis distributed.​
401401 13.2 Sec. 17. Minnesota Statutes 2024, section 152.31, is amended to read:​
402402 13.3 152.31 DATA PRACTICES.​
403403 13.4 (a) Government data in patient files maintained by the commissioner office and the​
404404 13.5health care practitioner, and data submitted to or by a medical cannabis manufacturer, are​
405405 13.6private data on individuals, as defined in section 13.02, subdivision 12, or nonpublic data,​
406406 13.7as defined in section 13.02, subdivision 9, but may be used for purposes of complying with​
407407 13.8chapter 13 and complying with a request from the legislative auditor or the state auditor in​
408408 13.9the performance of official duties. The provisions of section 13.05, subdivision 11, apply​
409409 13.10to a registration agreement entered between the commissioner office and a medical cannabis​
410410 13.11manufacturer under section 152.25.​
411411 13.12 (b) Not public data maintained by the commissioner office may not be used for any​
412412 13.13purpose not provided for in sections 152.22 to 152.37, and may not be combined or linked​
413413 13.14in any manner with any other list, dataset, or database.​
414414 13.15 (c) The commissioner office may execute data sharing arrangements with the​
415415 13.16commissioner of agriculture to verify licensing, inspection, and compliance information​
416416 13.17related to hemp growers and hemp processors under chapter 18K.​
417417 13.18Sec. 18. Minnesota Statutes 2024, section 152.32, subdivision 2, is amended to read:​
418418 13.19 Subd. 2.Criminal and civil protections.(a) Subject to section 152.23, the following​
419419 13.20are not violations under this chapter:​
420420 13.21 (1) use or possession of medical cannabis or medical cannabis products by a patient​
421421 13.22enrolled in the registry program; possession by a registered designated caregiver or the​
422422 13.23parent, legal guardian, or spouse of a patient if the parent, legal guardian, or spouse is listed​
423423 13.24on the registry verification; or use or possession of medical cannabis or medical cannabis​
424424 13.25products by a Tribal medical cannabis program patient;​
425425 13.26 (2) possession, dosage determination, or sale of medical cannabis or medical cannabis​
426426 13.27products by a medical cannabis manufacturer, employees of a manufacturer, a Tribal medical​
427427 13.28cannabis program manufacturer, employees of a Tribal medical cannabis program​
428428 13.29manufacturer, a laboratory conducting testing on medical cannabis, or employees of the​
429429 13.30laboratory; and​
430430 13.31 (3) possession of medical cannabis or medical cannabis products by any person while​
431431 13.32carrying out the duties required under sections 152.22 to 152.37.​
432432 13​Sec. 18.​
433433 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 14.1 (b) Medical cannabis obtained and distributed pursuant to sections 152.22 to 152.37 and​
434434 14.2associated property is not subject to forfeiture under sections 609.531 to 609.5316.​
435435 14.3 (c) The commissioner office, members of a Tribal medical cannabis board, the​
436436 14.4commissioner's office's or Tribal medical cannabis board's staff, the commissioner's office's​
437437 14.5or Tribal medical cannabis board's agents or contractors, and any health care practitioner​
438438 14.6are not subject to any civil or disciplinary penalties by the Board of Medical Practice, the​
439439 14.7Board of Nursing, or by any business, occupational, or professional licensing board or entity,​
440440 14.8solely for participation in the registry program under sections 152.22 to 152.37 or in a Tribal​
441441 14.9medical cannabis program. A pharmacist licensed under chapter 151 is not subject to any​
442442 14.10civil or disciplinary penalties by the Board of Pharmacy when acting in accordance with​
443443 14.11the provisions of sections 152.22 to 152.37. Nothing in this section affects a professional​
444444 14.12licensing board from taking action in response to violations of any other section of law.​
445445 14.13 (d) Notwithstanding any law to the contrary, the commissioner office, the governor of​
446446 14.14Minnesota, or an employee of any state agency may not be held civilly or criminally liable​
447447 14.15for any injury, loss of property, personal injury, or death caused by any act or omission​
448448 14.16while acting within the scope of office or employment under sections 152.22 to 152.37.​
449449 14.17 (e) Federal, state, and local law enforcement authorities are prohibited from accessing​
450450 14.18the patient registry under sections 152.22 to 152.37 except when acting pursuant to a valid​
451451 14.19search warrant.​
452452 14.20 (f) Notwithstanding any law to the contrary, neither the commissioner office nor a public​
453453 14.21employee may release data or information about an individual contained in any report,​
454454 14.22document, or registry created under sections 152.22 to 152.37 or any information obtained​
455455 14.23about a patient participating in the program, except as provided in sections 152.22 to 152.37.​
456456 14.24 (g) No information contained in a report, document, or registry or obtained from a patient​
457457 14.25under sections 152.22 to 152.37 or from a Tribal medical cannabis program patient may be​
458458 14.26admitted as evidence in a criminal proceeding unless independently obtained or in connection​
459459 14.27with a proceeding involving a violation of sections 152.22 to 152.37.​
460460 14.28 (h) Notwithstanding section 13.09, any person who violates paragraph (e) or (f) is guilty​
461461 14.29of a gross misdemeanor.​
462462 14.30 (i) An attorney may not be subject to disciplinary action by the Minnesota Supreme​
463463 14.31Court, a Tribal court, or the professional responsibility board for providing legal assistance​
464464 14.32to prospective or registered manufacturers or others related to activity that is no longer​
465465 14.33subject to criminal penalties under state law pursuant to sections 152.22 to 152.37, or for​
466466 14​Sec. 18.​
467467 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 15.1providing legal assistance to a Tribal medical cannabis program or a Tribal medical cannabis​
468468 15.2program manufacturer.​
469469 15.3 (j) The following do not constitute probable cause or reasonable suspicion, and shall not​
470470 15.4be used to support a search of the person or property of the person possessing or applying​
471471 15.5for the registry verification or equivalent, or otherwise subject the person or property of the​
472472 15.6person to inspection by any governmental agency:​
473473 15.7 (1) possession of a registry verification or application for enrollment in the registry​
474474 15.8program by a person entitled to possess a registry verification or apply for enrollment in​
475475 15.9the registry program; or​
476476 15.10 (2) possession of a verification or equivalent issued by a Tribal medical cannabis program​
477477 15.11or application for enrollment in a Tribal medical cannabis program by a person entitled to​
478478 15.12possess such a verification or application.​
479479 15.13Sec. 19. Minnesota Statutes 2024, section 152.33, subdivision 1a, is amended to read:​
480480 15.14 Subd. 1a.Intentional diversion outside the state; penalties.(a) In addition to any other​
481481 15.15applicable penalty in law, the commissioner office may levy a fine of $250,000 against a​
482482 15.16manufacturer and may immediately initiate proceedings to revoke the manufacturer's​
483483 15.17registration, using the procedure in section 152.25, if:​
484484 15.18 (1) an officer, director, or controlling person of the manufacturer pleads or is found​
485485 15.19guilty under subdivision 1 of intentionally transferring medical cannabis, while the person​
486486 15.20was an officer, director, or controlling person of the manufacturer, to a person other than​
487487 15.21allowed by law; and​
488488 15.22 (2) in intentionally transferring medical cannabis to a person other than allowed by law,​
489489 15.23the officer, director, or controlling person transported or directed the transport of medical​
490490 15.24cannabis outside of Minnesota.​
491491 15.25 (b) All fines collected under this subdivision shall be deposited in the state government​
492492 15.26special revenue fund.​
493493 15.27Sec. 20. Minnesota Statutes 2024, section 152.33, subdivision 4, is amended to read:​
494494 15.28 Subd. 4.Submission of false records; criminal penalty.A person who knowingly​
495495 15.29submits false records or documentation required by the commissioner office to register as​
496496 15.30a manufacturer of medical cannabis under sections 152.22 to 152.37 is guilty of a felony​
497497 15.31and may be sentenced to imprisonment for not more than two years or by payment of a fine​
498498 15.32of not more than $3,000, or both.​
499499 15​Sec. 20.​
500500 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 16.1 Sec. 21. Minnesota Statutes 2024, section 152.35, is amended to read:​
501501 16.2 152.35 FEES; DEPOSIT OF REVENUE.​
502502 16.3 (a) The commissioner office shall collect an application fee of $20,000 from each entity​
503503 16.4submitting an application for registration as a medical cannabis manufacturer. Revenue​
504504 16.5from the fee shall be deposited in the state treasury and credited to the state government​
505505 16.6special revenue fund.​
506506 16.7 (b) The commissioner office shall establish and collect an annual fee from a medical​
507507 16.8cannabis manufacturer equal to the cost of regulating and inspecting the manufacturer in​
508508 16.9that year. Revenue from the fee amount shall be deposited in the state treasury and credited​
509509 16.10to the state government special revenue fund.​
510510 16.11 (c) A medical cannabis manufacturer may charge patients enrolled in the registry program​
511511 16.12a reasonable fee for costs associated with the operations of the manufacturer. The​
512512 16.13manufacturer may establish a sliding scale of patient fees based upon a patient's household​
513513 16.14income and may accept private donations to reduce patient fees.​
514514 16.15Sec. 22. Minnesota Statutes 2024, section 152.37, is amended to read:​
515515 16.16 152.37 FINANCIAL EXAMINATIONS; PRICING REVIEWS.​
516516 16.17 Subdivision 1.Financial records.A medical cannabis manufacturer shall maintain​
517517 16.18detailed financial records in a manner and format approved by the commissioner office,​
518518 16.19and shall keep all records updated and accessible to the commissioner office when requested.​
519519 16.20 Subd. 2.Certified annual audit.A medical cannabis manufacturer shall submit the​
520520 16.21results of an annual certified financial audit to the commissioner office no later than May​
521521 16.221 of each year for the calendar year beginning January 2015. The annual audit shall be​
522522 16.23conducted by an independent certified public accountant and the costs of the audit are the​
523523 16.24responsibility of the medical cannabis manufacturer. Results of the audit shall be provided​
524524 16.25to the medical cannabis manufacturer and the commissioner office. The commissioner office​
525525 16.26may also require another audit of the medical cannabis manufacturer by a certified public​
526526 16.27accountant chosen by the commissioner office with the costs of the audit paid by the medical​
527527 16.28cannabis manufacturer.​
528528 16.29 Subd. 3.Power to examine.(a) The commissioner office or designee may examine the​
529529 16.30business affairs and conditions of any medical cannabis manufacturer, including but not​
530530 16.31limited to a review of the financing, budgets, revenues, sales, and pricing.​
531531 16​Sec. 22.​
532532 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 17.1 (b) An examination may cover the medical cannabis manufacturer's business affairs,​
533533 17.2practices, and conditions including but not limited to a review of the financing, budgets,​
534534 17.3revenues, sales, and pricing. The commissioner office shall determine the nature and scope​
535535 17.4of each examination and in doing so shall take into account all available relevant factors​
536536 17.5concerning the financial and business affairs, practices, and conditions of the examinee.​
537537 17.6The costs incurred by the department in conducting an examination shall be paid for by the​
538538 17.7medical cannabis manufacturer.​
539539 17.8 (c) When making an examination under this section, the commissioner office may retain​
540540 17.9attorneys, appraisers, independent economists, independent certified public accountants, or​
541541 17.10other professionals and specialists as designees. A certified public accountant retained by​
542542 17.11the commissioner office may not be the same certified public accountant providing the​
543543 17.12certified annual audit in subdivision 2.​
544544 17.13 (d) The commissioner office shall make a report of an examination conducted under this​
545545 17.14section and provide a copy to the medical cannabis manufacturer. The commissioner office​
546546 17.15shall then post a copy of the report on the department's website. All working papers, recorded​
547547 17.16information, documents, and copies produced by, obtained by, or disclosed to the​
548548 17.17commissioner office or any other person in the course of an examination, other than the​
549549 17.18information contained in any commissioner office official report, made under this section​
550550 17.19are private data on individuals or nonpublic data, as defined in section 13.02.​
551551 17.20Sec. 23. Minnesota Statutes 2024, section 342.01, subdivision 9, is amended to read:​
552552 17.21 Subd. 9.Bona fide labor organization."Bona fide labor organization" means a labor​
553553 17.22union that represents or is actively seeking to represent cannabis workers. of:​
554554 17.23 (1) a cannabis business; or​
555555 17.24 (2) a lower-potency hemp edible manufacturer.​
556556 17.25Sec. 24. Minnesota Statutes 2024, section 342.01, subdivision 47, is amended to read:​
557557 17.26 Subd. 47.Labor peace agreement."Labor peace agreement" means an agreement​
558558 17.27between a cannabis business and a bona fide labor organization or an agreement between​
559559 17.28a lower-potency hemp edible manufacturer and a bona fide labor organization that protects​
560560 17.29the state's interests by, at minimum, prohibiting the labor organization from engaging in​
561561 17.30picketing, work stoppages, or boycotts against the cannabis business or lower-potency hemp​
562562 17.31edible manufacturer.​
563563 17​Sec. 24.​
564564 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 18.1 Sec. 25. Minnesota Statutes 2024, section 342.01, subdivision 54, is amended to read:​
565565 18.2 Subd. 54.Medical cannabis flower."Medical cannabis flower" means cannabis flower​
566566 18.3provided to a patient enrolled in the registry program or a visiting patient; a registered​
567567 18.4designated caregiver; or a parent, legal guardian, or spouse of an enrolled patient by a​
568568 18.5registered designated caregiver, cannabis retailer, or cannabis business with a medical​
569569 18.6cannabis retail endorsement to treat or alleviate the symptoms of a qualifying medical​
570570 18.7condition. Medical cannabis flower does not include adult-use cannabis flower.​
571571 18.8 Sec. 26. Minnesota Statutes 2024, section 342.01, is amended by adding a subdivision to​
572572 18.9read:​
573573 18.10 Subd. 54a.Medical cannabis paraphernalia."Medical cannabis paraphernalia" means​
574574 18.11a delivery device, related supply, or educational material used by a patient enrolled in the​
575575 18.12registry program to administer medical cannabis and medical cannabinoid products.​
576576 18.13Sec. 27. Minnesota Statutes 2024, section 342.02, subdivision 3, is amended to read:​
577577 18.14 Subd. 3.Medical cannabis program.(a) The powers and duties of the Department of​
578578 18.15Health with respect to the medical cannabis program under Minnesota Statutes 2022, sections​
579579 18.16152.22 to 152.37, are transferred to the Office of Cannabis Management under section​
580580 18.1715.039.​
581581 18.18 (b) The following protections shall apply to employees who are transferred from the​
582582 18.19Department of Health to the Office of Cannabis Management:​
583583 18.20 (1) the employment status and job classification of a transferred employee shall not be​
584584 18.21altered as a result of the transfer;​
585585 18.22 (2) transferred employees who were represented by an exclusive representative prior to​
586586 18.23the transfer shall continue to be represented by the same exclusive representative after the​
587587 18.24transfer;​
588588 18.25 (3) the applicable collective bargaining agreements with exclusive representatives shall​
589589 18.26continue in full force and effect for such transferred employees after the transfer;​
590590 18.27 (4) the state must meet and negotiate with the exclusive representatives of the transferred​
591591 18.28employees about any proposed changes affecting or relating to the transferred employees'​
592592 18.29terms and conditions of employment to the extent such changes are not addressed in the​
593593 18.30applicable collective bargaining agreement; and​
594594 18​Sec. 27.​
595595 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 19.1 (5) for an employee in a temporary unclassified position transferred to the Office of​
596596 19.2Cannabis Management, the total length of time that the employee has served in the​
597597 19.3appointment shall include all time served in the appointment and the transferring agency​
598598 19.4and the time served in the appointment at the Office of Cannabis Management. An employee​
599599 19.5in a temporary unclassified position who was hired by a transferring agency through an​
600600 19.6open competitive selection process in accordance with a policy enacted by Minnesota​
601601 19.7Management and Budget shall be considered to have been hired through such process after​
602602 19.8the transfer.​
603603 19.9 (c) This subdivision is effective July 1, 2024.​
604604 19.10Sec. 28. Minnesota Statutes 2024, section 342.12, is amended to read:​
605605 19.11 342.12 LICENSES; TRANSFERS; ADJUSTMENTS.​
606606 19.12 (a) Licenses issued under this chapter that are available to all applicants pursuant to​
607607 19.13section 342.14, subdivision 1b, paragraph (c), may be freely transferred subject to the prior​
608608 19.14written approval of the office unless the license holder has not received a final site inspection​
609609 19.15or the license holder is a social equity applicant.​
610610 19.16 (b) Licenses issued as social equity licenses pursuant to either section 342.14, subdivision​
611611 19.171b, paragraph (b), or section 342.175, paragraph (b), may only be transferred to another​
612612 19.18social equity applicant for three years after the date on which the office issues the license.​
613613 19.19Three years after the date of issuance, a license holder may transfer a license to any entity.​
614614 19.20Transfer of a license that was issued as a social equity license must be reviewed by the​
615615 19.21Division of Social Equity and is subject to the prior written approval of the office.​
616616 19.22 (c) Preliminary license preapproval approval issued pursuant to section 342.125 342.14,​
617617 19.23subdivision 5, may not be transferred.​
618618 19.24 (d) A new license must be obtained when:​
619619 19.25 (1) the form of the licensee's legal business structure converts or changes to a different​
620620 19.26type of legal business structure; or​
621621 19.27 (2) the licensee dissolves; consolidates; reorganizes; undergoes bankruptcy, insolvency,​
622622 19.28or receivership proceedings; merges with another legal organization; or assigns all or​
623623 19.29substantially all of its assets for the benefit of creditors.​
624624 19.30 (e) Licenses must be renewed annually.​
625625 19.31 (f) License holders may petition the office to adjust the tier of a license issued within a​
626626 19.32license category if the license holder meets all applicable requirements.​
627627 19​Sec. 28.​
628628 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 20.1 (g) The office by rule may permit the relocation of a licensed cannabis business; permit​
629629 20.2the relocation of an approved operational location, including a cultivation, manufacturing,​
630630 20.3processing, or retail location; adopt requirements for the submission of a license relocation​
631631 20.4application; establish standards for the approval of a relocation application; and charge a​
632632 20.5fee not to exceed $250 for reviewing and processing applications. Relocation of a licensed​
633633 20.6premises pursuant to this paragraph does not extend or otherwise modify the license term​
634634 20.7of the license subject to relocation.​
635635 20.8 Sec. 29. Minnesota Statutes 2024, section 342.14, subdivision 3, is amended to read:​
636636 20.9 Subd. 3.Review.(a) After an applicant submits an application that contains all required​
637637 20.10information and pays the applicable licensing application fee, the office must review the​
638638 20.11application.​
639639 20.12 (b) The office may deny an application if:​
640640 20.13 (1) the application is incomplete;​
641641 20.14 (2) the application contains a materially false statement about the applicant or omits​
642642 20.15information required under subdivision 1;​
643643 20.16 (3) the applicant does not meet the qualifications under section 342.16;​
644644 20.17 (4) the applicant is prohibited from holding the license under section 342.18, subdivision​
645645 20.182;​
646646 20.19 (5) the application does not meet the minimum requirements under section 342.18,​
647647 20.20subdivision 3;​
648648 20.21 (6) the applicant fails to pay the applicable application fee;​
649649 20.22 (7) the application was not submitted by the application deadline;​
650650 20.23 (8) the applicant submitted more than one application for a license type; or​
651651 20.24 (9) the office determines that the applicant would be prohibited from holding a license​
652652 20.25for any other reason.​
653653 20.26 (c) If the office denies an application, the office must notify the applicant of the denial​
654654 20.27and the basis for the denial.​
655655 20.28 (d) The office may request additional information from any applicant if the office​
656656 20.29determines that the information is necessary to review or process the application. If the​
657657 20.30applicant does not provide the additional requested information within 14 calendar days of​
658658 20.31the office's request for information, the office may deny the application.​
659659 20​Sec. 29.​
660660 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 21.1 (e) An applicant whose application is not denied under this subdivision is a qualified​
661661 21.2applicant.​
662662 21.3 Sec. 30. Minnesota Statutes 2024, section 342.14, subdivision 6, is amended to read:​
663663 21.4 Subd. 6.Completed application; final authorization; issuance of license.(a) Within​
664664 21.518 months of receiving notice of preliminary license approval, an applicant must provide:​
665665 21.6 (1) the address and legal property description of the location where the business will​
666666 21.7operate;​
667667 21.8 (2) the name of the local unit of government where the business will be located; and​
668668 21.9 (3) if applicable, an updated description of the location where the business will operate,​
669669 21.10an updated security plan, and any other additional information required by the office.​
670670 21.11 (b) Upon receipt of the information required under paragraph (a) from an applicant that​
671671 21.12has received preliminary license approval, the office must:​
672672 21.13 (1) forward a copy of the application to the local unit of government in which the business​
673673 21.14operates or intends to operate with a form for certification as to whether a proposed cannabis​
674674 21.15business complies with local zoning ordinances and, if applicable, whether the proposed​
675675 21.16business complies with the state fire code and building code;​
676676 21.17 (2) schedule a site inspection; and​
677677 21.18 (3) require the applicant to pay the applicable license fee.​
678678 21.19 (c) The office may deny final authorization if:​
679679 21.20 (1) an applicant fails to submit any required information;​
680680 21.21 (2) the applicant submits a materially false statement about the applicant or fails to​
681681 21.22provide any required information;​
682682 21.23 (3) the office confirms that the cannabis business for which the office granted a​
683683 21.24preliminary license preapproval approval does not meet local zoning and land use laws;​
684684 21.25 (4) the applicant fails to pay the applicable license fee; or​
685685 21.26 (5) the office determines that the applicant is disqualified from holding the license or​
686686 21.27would operate in violation of the provisions of this chapter.​
687687 21.28 (d) Within 90 days of receiving the information required under paragraph (a) and the​
688688 21.29results of any required background check, the office shall grant final authorization and issue​
689689 21​Sec. 30.​
690690 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 22.1the appropriate license or send the applicant a notice of rejection setting forth specific​
691691 22.2reasons that the office did not approve the application.​
692692 22.3 Sec. 31. Minnesota Statutes 2024, section 342.151, subdivision 2, is amended to read:​
693693 22.4 Subd. 2.Criminal history check.A license holder cannabis business may employ or​
694694 22.5contract with as many unlicensed individuals as may be necessary, provided that the license​
695695 22.6holder cannabis business is at all times accountable for the good conduct of every individual​
696696 22.7employed by or contracted with the license holder cannabis business. Before hiring an​
697697 22.8individual as a cannabis worker, the license holder cannabis business must submit to the​
698698 22.9Bureau of Criminal Apprehension the individual's full set of fingerprints and written consent​
699699 22.10for the bureau to conduct a state and national criminal history check. The bureau may​
700700 22.11exchange an individual's fingerprints with the Federal Bureau of Investigation. The Bureau​
701701 22.12of Criminal Apprehension must determine whether the individual is qualified to be employed​
702702 22.13as a cannabis worker and must notify the license holder cannabis business of the bureau's​
703703 22.14determination. The license holder cannabis business must not employ an individual who is​
704704 22.15disqualified from being employed as a cannabis worker.​
705705 22.16Sec. 32. Minnesota Statutes 2024, section 342.151, subdivision 3, is amended to read:​
706706 22.17 Subd. 3.Disqualification.(a) A license holder cannabis business must not employ an​
707707 22.18individual as a cannabis worker if the individual has been convicted of any of the following​
708708 22.19crimes that would constitute a felony:​
709709 22.20 (1) human trafficking;​
710710 22.21 (2) noncannabis controlled substance crimes in the first or second degree;​
711711 22.22 (3) labor trafficking;​
712712 22.23 (4) fraud;​
713713 22.24 (5) embezzlement;​
714714 22.25 (6) extortion;​
715715 22.26 (7) money laundering; or​
716716 22.27 (8) insider trading;​
717717 22.28if committed in this state or any other jurisdiction for which a full pardon or similar relief​
718718 22.29has not been granted.​
719719 22​Sec. 32.​
720720 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 23.1 (b) A license holder cannabis business must not employ an individual as a cannabis​
721721 23.2worker if the individual made any false statement in an application for employment.​
722722 23.3 Sec. 33. Minnesota Statutes 2024, section 342.22, subdivision 3, is amended to read:​
723723 23.4 Subd. 3.Issuance of registration.(a) A local unit of government shall issue a retail​
724724 23.5registration to a cannabis microbusiness with a retail operations endorsement, cannabis​
725725 23.6mezzobusiness with a retail operations endorsement, cannabis retailer, medical cannabis​
726726 23.7combination business operating a retail location, or lower-potency hemp edible retailer that:​
727727 23.8 (1) has a valid license or preliminary license preapproval approval issued by the office;​
728728 23.9 (2) has paid the registration fee or renewal fee pursuant to subdivision 2;​
729729 23.10 (3) is found to be in compliance with the requirements of this chapter at any preliminary​
730730 23.11compliance check that the local unit of government performs; and​
731731 23.12 (4) if applicable, is current on all property taxes and assessments at the location where​
732732 23.13the retail establishment is located.​
733733 23.14 (b) Before issuing a retail registration, the local unit of government may conduct a​
734734 23.15preliminary compliance check to ensure that the cannabis business or hemp business is in​
735735 23.16compliance with any applicable local ordinance established pursuant to section 342.13.​
736736 23.17 (c) A local unit of government shall renew the retail registration of a cannabis business​
737737 23.18or hemp business when the office renews the license of the cannabis business or hemp​
738738 23.19business.​
739739 23.20 (d) A retail registration issued under this section may not be transferred.​
740740 23.21Sec. 34. Minnesota Statutes 2024, section 342.28, subdivision 1, is amended to read:​
741741 23.22 Subdivision 1.Authorized actions.A cannabis microbusiness license, consistent with​
742742 23.23the specific license endorsement or endorsements, entitles the license holder to perform any​
743743 23.24or all of the following within the limits established by this section:​
744744 23.25 (1) grow cannabis plants from seed or immature plant to mature plant and harvest​
745745 23.26cannabis flower from a mature plant;​
746746 23.27 (2) make cannabis concentrate;​
747747 23.28 (3) make hemp concentrate, including hemp concentrate with a delta-9​
748748 23.29tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight;​
749749 23.30 (4) manufacture artificially derived cannabinoids;​
750750 23​Sec. 34.​
751751 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 24.1 (5) manufacture adult-use cannabis products, lower-potency hemp edibles, and​
752752 24.2hemp-derived consumer products for public consumption;​
753753 24.3 (6) purchase immature cannabis plants and seedlings and, cannabis flower, cannabis​
754754 24.4products, lower-potency hemp edibles, and hemp-derived consumer products from another​
755755 24.5cannabis microbusiness, a cannabis mezzobusiness, a cannabis cultivator, a cannabis​
756756 24.6manufacturer, or a cannabis wholesaler, or a lower-potency hemp edible manufacturer;​
757757 24.7 (7) purchase hemp plant parts and propagules from an industrial hemp grower licensed​
758758 24.8under chapter 18K;​
759759 24.9 (8) purchase hemp concentrate from an industrial hemp processor licensed under chapter​
760760 24.1018K;​
761761 24.11 (9) purchase cannabis concentrate, hemp concentrate, and artificially derived cannabinoids​
762762 24.12from another cannabis microbusiness, a cannabis mezzobusiness, a cannabis manufacturer,​
763763 24.13or a cannabis wholesaler for use in manufacturing adult-use cannabis products, lower-potency​
764764 24.14hemp edibles, or hemp-derived consumer products;​
765765 24.15 (10) package and label adult-use cannabis flower, adult-use cannabis products,​
766766 24.16lower-potency hemp edibles, and hemp-derived consumer products for sale to customers;​
767767 24.17 (11) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use​
768768 24.18cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and​
769769 24.19other products authorized by law to other cannabis businesses and to customers;​
770770 24.20 (12) operate an establishment that permits on-site consumption of edible cannabis​
771771 24.21products and lower-potency hemp edibles; and​
772772 24.22 (13) perform other actions approved by the office.​
773773 24.23Sec. 35. Minnesota Statutes 2024, section 342.28, subdivision 8, is amended to read:​
774774 24.24 Subd. 8.Production of customer consumer products endorsement.A cannabis​
775775 24.25microbusiness that manufactures edible cannabis products, lower-potency hemp products,​
776776 24.26or hemp-derived consumer products must comply with the requirements in section 342.26,​
777777 24.27subdivisions 2 and 4.​
778778 24.28Sec. 36. Minnesota Statutes 2024, section 342.29, subdivision 1, is amended to read:​
779779 24.29 Subdivision 1.Authorized actions.A cannabis mezzobusiness license, consistent with​
780780 24.30the specific license endorsement or endorsements, entitles the license holder to perform any​
781781 24.31or all of the following within the limits established by this section:​
782782 24​Sec. 36.​
783783 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 25.1 (1) grow cannabis plants from seed or immature plant to mature plant and harvest​
784784 25.2cannabis flower from a mature plant for use as adult-use cannabis flower or for use in​
785785 25.3adult-use cannabis products;​
786786 25.4 (2) grow cannabis plants from seed or immature plant to mature plant and harvest​
787787 25.5cannabis flower from a mature plant for use as medical cannabis flower or for use in medical​
788788 25.6cannabinoid products;​
789789 25.7 (3) make cannabis concentrate;​
790790 25.8 (4) make hemp concentrate, including hemp concentrate with a delta-9​
791791 25.9tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight;​
792792 25.10 (5) manufacture artificially derived cannabinoids;​
793793 25.11 (6) manufacture adult-use cannabis products, lower-potency hemp edibles, and​
794794 25.12hemp-derived consumer products for public consumption;​
795795 25.13 (7) process medical cannabinoid products;​
796796 25.14 (8) purchase immature cannabis plants and seedlings and, cannabis flower, cannabis​
797797 25.15products, lower-potency hemp edibles, and hemp-derived consumer products from a cannabis​
798798 25.16microbusiness, another cannabis mezzobusiness, a cannabis cultivator, a cannabis​
799799 25.17manufacturer, or a cannabis wholesaler, or a lower-potency hemp edible manufacturer;​
800800 25.18 (9) purchase cannabis concentrate, hemp concentrate, and synthetically artificially derived​
801801 25.19cannabinoids from a cannabis microbusiness, another cannabis mezzobusiness, a cannabis​
802802 25.20manufacturer, or a cannabis wholesaler for use in manufacturing adult-use cannabis products,​
803803 25.21lower-potency hemp edibles, or hemp-derived consumer products;​
804804 25.22 (10) purchase hemp plant parts and propagules from a licensed hemp grower licensed​
805805 25.23under chapter 18K;​
806806 25.24 (11) purchase hemp concentrate from an industrial hemp processor licensed under chapter​
807807 25.2518K;​
808808 25.26 (12) package and label adult-use cannabis flower, adult-use cannabis products,​
809809 25.27lower-potency hemp edibles, and hemp-derived consumer products for sale to customers;​
810810 25.28 (13) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use​
811811 25.29cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and​
812812 25.30other products authorized by law to other cannabis businesses and to customers; and​
813813 25.31 (14) perform other actions approved by the office.​
814814 25​Sec. 36.​
815815 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 26.1 Sec. 37. Minnesota Statutes 2024, section 342.29, subdivision 7, is amended to read:​
816816 26.2 Subd. 7.Production of customer consumer products endorsement.A cannabis​
817817 26.3mezzobusiness that manufactures edible cannabis products, lower-potency hemp products,​
818818 26.4or hemp-derived consumer products must comply with the requirements in section 342.26,​
819819 26.5subdivisions 2 and 4.​
820820 26.6 Sec. 38. Minnesota Statutes 2024, section 342.30, subdivision 1, is amended to read:​
821821 26.7 Subdivision 1.Authorized actions.A cannabis cultivator license entitles the license​
822822 26.8holder to:​
823823 26.9 (1) grow cannabis plants within the approved amount of space from seed or immature​
824824 26.10plant to mature plant,;​
825825 26.11 (2) harvest cannabis flower from a mature plant,;​
826826 26.12 (3) package and label immature cannabis plants and seedlings and cannabis flower for​
827827 26.13sale to other cannabis businesses,;​
828828 26.14 (4) sell immature cannabis plants and seedlings and cannabis flower to other cannabis​
829829 26.15businesses;​
830830 26.16 (5) transport cannabis flower to a cannabis manufacturer located on the same premises,;​
831831 26.17and​
832832 26.18 (6) perform other actions approved by the office.​
833833 26.19Sec. 39. Minnesota Statutes 2024, section 342.33, subdivision 1, is amended to read:​
834834 26.20 Subdivision 1.Authorized actions.A cannabis wholesaler license entitles the license​
835835 26.21holder to:​
836836 26.22 (1) purchase immature cannabis plants and seedlings, cannabis flower, cannabis products,​
837837 26.23lower-potency hemp edibles, and hemp-derived consumer products from cannabis​
838838 26.24microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers,​
839839 26.25and cannabis microbusinesses lower-potency hemp edible manufacturers;​
840840 26.26 (2) purchase hemp plant parts and propagules from industrial hemp growers licensed​
841841 26.27under chapter 18K;​
842842 26.28 (3) purchase hemp concentrate from an industrial hemp processor licensed under chapter​
843843 26.2918K;​
844844 26​Sec. 39.​
845845 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 27.1 (4) sell immature cannabis plants and seedlings, cannabis flower, cannabis products,​
846846 27.2lower-potency hemp edibles, and hemp-derived consumer products to cannabis​
847847 27.3microbusinesses, cannabis mezzobusinesses, cannabis manufacturers, and cannabis retailers;​
848848 27.4 (5) sell lower-potency hemp edibles to lower-potency hemp edible retailers;​
849849 27.5 (6) import hemp-derived consumer products and lower-potency hemp edibles that contain​
850850 27.6hemp concentrate or artificially derived cannabinoids that are derived from hemp plants or​
851851 27.7hemp plant parts; and​
852852 27.8 (7) perform other actions approved by the office.​
853853 27.9 Sec. 40. Minnesota Statutes 2024, section 342.44, subdivision 1, is amended to read:​
854854 27.10 Subdivision 1.Application; contents.(a) Except as otherwise provided in this​
855855 27.11subdivision, the provisions of this chapter relating to license applications, license selection​
856856 27.12criteria, general ownership disqualifications and requirements, and general operational​
857857 27.13requirements do not apply to hemp businesses.​
858858 27.14 (b) The office, by rule, shall establish forms and procedures for the processing of hemp​
859859 27.15licenses issued under this chapter. At a minimum, any application to obtain or renew a hemp​
860860 27.16license shall include the following information, if applicable:​
861861 27.17 (1) the name, address, and date of birth of the applicant;​
862862 27.18 (2) the address and legal property description of the business;​
863863 27.19 (3) proof of trade name registration;​
864864 27.20 (4) certification that the applicant will comply with the requirements of this chapter​
865865 27.21relating to the ownership and operation of a hemp business;​
866866 27.22 (5) identification of one or more controlling persons or managerial employees as agents​
867867 27.23who shall be responsible for dealing with the office on all matters; and​
868868 27.24 (6) a statement that the applicant agrees to respond to the office's supplemental requests​
869869 27.25for information.​
870870 27.26 (c) An applicant for a lower-potency hemp edible manufacturer license must submit an​
871871 27.27attestation signed by a bona fide labor organization stating that the applicant has entered​
872872 27.28into a labor peace agreement.​
873873 27.29 (d) An application on behalf of a corporation or association shall be signed by at least​
874874 27.30two officers or managing agents of that entity.​
875875 27​Sec. 40.​
876876 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 28.1 Sec. 41. Minnesota Statutes 2024, section 342.46, subdivision 6, is amended to read:​
877877 28.2 Subd. 6.Compliant products.(a) A lower-potency hemp edible retailer shall ensure​
878878 28.3that all lower-potency hemp edibles offered for sale comply with the limits on the amount​
879879 28.4and types of cannabinoids that a lower-potency hemp edible can contain, including but not​
880880 28.5limited to the requirement that lower-potency hemp edibles:​
881881 28.6 (1) consist of servings that contain no more than five milligrams of delta-9​
882882 28.7tetrahydrocannabinol, no more than 25 milligrams of cannabidiol, no more than 25 milligrams​
883883 28.8of cannabigerol, or any combination of those cannabinoids that does not exceed the identified​
884884 28.9amounts;​
885885 28.10 (2) do not contain more than a combined total of 0.5 milligrams of all other cannabinoids​
886886 28.11per serving; and​
887887 28.12 (3) do not contain an artificially derived cannabinoid other than delta-9​
888888 28.13tetrahydrocannabinol.​
889889 28.14 (b) If a lower-potency hemp edible is packaged in a manner that includes more than a​
890890 28.15single serving, the lower-potency hemp edible must indicate each serving by scoring,​
891891 28.16wrapping, or other indicators that appear on the lower-potency hemp edible designating the​
892892 28.17individual serving size. If it is not possible to indicate a single serving by scoring or use of​
893893 28.18another indicator that appears on the product, the lower-potency hemp edible may not be​
894894 28.19packaged in a manner that includes more than a single serving in each container, except​
895895 28.20that a calibrated dropper, measuring spoon, or similar device for measuring a single serving​
896896 28.21may be used for any edible cannabinoid products that are intended to be combined with​
897897 28.22food or beverage products prior to consumption. If the lower-potency hemp edible is meant​
898898 28.23to be consumed as a beverage, the beverage container may not contain more than two​
899899 28.24servings per container. If the lower-potency hemp edible is meant to be consumed as a​
900900 28.25beverage, the beverage container must not contain more than two servings.​
901901 28.26 (c) Notwithstanding paragraph (b), any edible cannabinoid products that are intended​
902902 28.27to be combined with food or beverage products before consumption must indicate a single​
903903 28.28serving using one of the following methods:​
904904 28.29 (1) the product is packaged in individual servings;​
905905 28.30 (2) the product indicates a single serving by scoring or use of another indicator that​
906906 28.31appears on the product; or​
907907 28.32 (3) the product is sold with a calibrated dropper, measuring spoon, or similar device for​
908908 28.33measuring a single serving.​
909909 28​Sec. 41.​
910910 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 29.1 (c) (d) A single package containing multiple servings of a lower-potency hemp edible​
911911 29.2must contain no more than 50 milligrams of delta-9 tetrahydrocannabinol, 250 milligrams​
912912 29.3of cannabidiol, 250 milligrams of cannabigerol, or any combination of those cannabinoids​
913913 29.4that does not exceed the identified amounts.​
914914 29.5 Sec. 42. Minnesota Statutes 2024, section 342.52, is amended by adding a subdivision to​
915915 29.6read:​
916916 29.7 Subd. 7a.Allowable delivery methods.A patient in the registry program may receive​
917917 29.8medical cannabis flower and medical cannabinoid products. The office may approve​
918918 29.9additional delivery methods to expand the types of products that qualify as medical​
919919 29.10cannabinoid products.​
920920 29.11Sec. 43. Minnesota Statutes 2024, section 342.57, subdivision 2, is amended to read:​
921921 29.12 Subd. 2.Criminal and civil protections.(a) Subject to section 342.56, the following​
922922 29.13are not violations of this chapter or chapter 152:​
923923 29.14 (1) use or possession of medical cannabis flower, medical cannabinoid products, or​
924924 29.15medical cannabis paraphernalia by a patient enrolled in the registry program or by a visiting​
925925 29.16patient to whom medical cannabis flower or medical cannabinoid products are distributed​
926926 29.17under section 342.51, subdivision 5;​
927927 29.18 (2) possession of medical cannabis flower, medical cannabinoid products, or medical​
928928 29.19cannabis paraphernalia by a registered designated caregiver or a parent, legal guardian, or​
929929 29.20spouse of a patient enrolled in the registry program; or​
930930 29.21 (3) possession of medical cannabis flower, medical cannabinoid products, or medical​
931931 29.22cannabis paraphernalia by any person while carrying out duties required under sections​
932932 29.23342.51 to 342.60.​
933933 29.24 (b) The Office of Cannabis Management, members of the Cannabis Advisory Council,​
934934 29.25Office of Cannabis Management employees, agents or contractors of the Office of Cannabis​
935935 29.26Management, and health care practitioners participating in the registry program are not​
936936 29.27subject to any civil penalties or disciplinary action by the Board of Medical Practice, the​
937937 29.28Board of Nursing, or any business, occupational, or professional licensing board or entity​
938938 29.29solely for participating in the registry program either in a professional capacity or as a​
939939 29.30patient. A pharmacist licensed under chapter 151 is not subject to any civil penalties or​
940940 29.31disciplinary action by the Board of Pharmacy when acting in accordance with sections​
941941 29​Sec. 43.​
942942 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 30.1342.51 to 342.60 either in a professional capacity or as a patient. Nothing in this section​
943943 30.2prohibits a professional licensing board from taking action in response to a violation of law.​
944944 30.3 (c) Notwithstanding any law to the contrary, a Cannabis Advisory Council member, the​
945945 30.4governor, or an employee of a state agency must not be held civilly or criminally liable for​
946946 30.5any injury, loss of property, personal injury, or death caused by any act or omission while​
947947 30.6acting within the scope of office or employment under sections 342.51 to 342.60.​
948948 30.7 (d) Federal, state, and local law enforcement authorities are prohibited from accessing​
949949 30.8the registry except when acting pursuant to a valid search warrant. Notwithstanding section​
950950 30.913.09, a violation of this paragraph is a gross misdemeanor.​
951951 30.10 (e) Notwithstanding any law to the contrary, the office and employees of the office must​
952952 30.11not release data or information about an individual contained in any report or document or​
953953 30.12in the registry and must not release data or information obtained about a patient enrolled in​
954954 30.13the registry program, except as provided in sections 342.51 to 342.60. Notwithstanding​
955955 30.14section 13.09, a violation of this paragraph is a gross misdemeanor.​
956956 30.15 (f) No information contained in a report or document, contained in the registry, or​
957957 30.16obtained from a patient under sections 342.51 to 342.60 may be admitted as evidence in a​
958958 30.17criminal proceeding, unless:​
959959 30.18 (1) the information is independently obtained; or​
960960 30.19 (2) admission of the information is sought in a criminal proceeding involving a criminal​
961961 30.20violation of sections 342.51 to 342.60.​
962962 30.21 (g) Possession of a registry verification or an application for enrollment in the registry​
963963 30.22program:​
964964 30.23 (1) does not constitute probable cause or reasonable suspicion;​
965965 30.24 (2) must not be used to support a search of the person or property of the person with a​
966966 30.25registry verification or application to enroll in the registry program; and​
967967 30.26 (3) must not subject the person or the property of the person to inspection by any​
968968 30.27government agency.​
969969 30.28Sec. 44. Minnesota Statutes 2024, section 342.59, subdivision 2, is amended to read:​
970970 30.29 Subd. 2.Allowable use; prohibited use.Data specified in subdivision 1 may be used​
971971 30.30to comply with chapter 13, to comply with a request from the legislative auditor or the state​
972972 30.31auditor in the performance of official duties, and for purposes specified in sections 342.47​
973973 30.32342.51 to 342.60. Data specified in subdivision 1 and maintained by the Office of Cannabis​
974974 30​Sec. 44.​
975975 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 31.1Management or Division of Medical Cannabis must not be used for any purpose not specified​
976976 31.2in sections 342.47 342.51 to 342.60 and must not be combined or linked in any manner​
977977 31.3with any other list, dataset, or database. Data specified in subdivision 1 must not be shared​
978978 31.4with any federal agency, federal department, or federal entity unless specifically ordered​
979979 31.5to do so by a state or federal court.​
980980 31.6 Sec. 45. Minnesota Statutes 2024, section 342.61, subdivision 4, is amended to read:​
981981 31.7 Subd. 4.Testing of samples; disclosures.(a) On a schedule determined by the office,​
982982 31.8every cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis​
983983 31.9manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency​
984984 31.10hemp edible manufacturer, or medical cannabis combination business shall make each batch​
985985 31.11of cannabis flower, cannabis products, artificially derived cannabinoids, lower-potency​
986986 31.12hemp edibles, or hemp-derived consumer products grown, manufactured, or imported by​
987987 31.13the cannabis business or hemp business available to a cannabis testing facility.​
988988 31.14 (b) A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis​
989989 31.15manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency​
990990 31.16hemp edible manufacturer, or medical cannabis combination business must disclose all​
991991 31.17known information regarding pesticides, fertilizers, solvents, or other foreign materials,​
992992 31.18including but not limited to catalysts used in creating artificially derived cannabinoids,​
993993 31.19applied or added to the batch of cannabis flower, cannabis products, artificially derived​
994994 31.20cannabinoids, lower-potency hemp edibles, or hemp-derived consumer products subject to​
995995 31.21testing. Disclosure must be made to the cannabis testing facility and must include information​
996996 31.22about all applications by any person, whether intentional or accidental.​
997997 31.23 (c) The A cannabis testing facility business shall select one or more representative​
998998 31.24samples from each batch, test the samples for the presence of contaminants, and test the​
999999 31.25samples for potency and homogeneity and to allow the cannabis flower, cannabis product,​
10001000 31.26artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer​
10011001 31.27product to be accurately labeled with its cannabinoid profile. Testing for contaminants must​
10021002 31.28include testing for residual solvents, foreign material, microbiological contaminants, heavy​
10031003 31.29metals, pesticide residue, mycotoxins, and any items identified pursuant to paragraph (b),​
10041004 31.30and may include testing for other contaminants. A cannabis testing facility must destroy or​
10051005 31.31return to the cannabis business or hemp business any part of the sample that remains after​
10061006 31.32testing.​
10071007 31​Sec. 45.​
10081008 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 32.1 Sec. 46. Minnesota Statutes 2024, section 342.63, subdivision 2, is amended to read:​
10091009 32.2 Subd. 2.Content of label; cannabis.All cannabis flower and hemp-derived consumer​
10101010 32.3products that consist of hemp plant parts sold to customers or patients must have affixed​
10111011 32.4on the packaging or container of the cannabis flower or hemp-derived consumer product a​
10121012 32.5label that contains at least the following information:​
10131013 32.6 (1) the name and license number of the cannabis microbusiness, cannabis mezzobusiness,​
10141014 32.7cannabis cultivator, medical cannabis combination business, or industrial hemp grower​
10151015 32.8where the cannabis flower or hemp plant part was cultivated;​
10161016 32.9 (2) the net weight or volume of cannabis flower or hemp plant parts in the package or​
10171017 32.10container;​
10181018 32.11 (3) the batch number;​
10191019 32.12 (4) the cannabinoid profile;​
10201020 32.13 (5) a universal symbol established by the office indicating that the package or container​
10211021 32.14contains cannabis flower, a cannabis product, a lower-potency hemp edible, or a​
10221022 32.15hemp-derived consumer product;​
10231023 32.16 (6) verification that the cannabis flower or hemp plant part was tested according to​
10241024 32.17section 342.61 and that the cannabis flower or hemp plant part complies with the applicable​
10251025 32.18standards;​
10261026 32.19 (7) information on the usage of the cannabis flower or hemp-derived consumer product;​
10271027 32.20 (8) the following statement: "Keep this product out of reach of children."; and​
10281028 32.21 (9) any other statements or information required by the office.​
10291029 32.22Sec. 47. Minnesota Statutes 2024, section 342.63, subdivision 3, is amended to read:​
10301030 32.23 Subd. 3.Content of label; cannabinoid products.(a) All cannabis products,​
10311031 32.24lower-potency hemp edibles, hemp concentrate, hemp-derived consumer products other​
10321032 32.25than products subject to the requirements under subdivision 2, medical cannabinoid products,​
10331033 32.26and hemp-derived topical products sold to customers or patients must have affixed to the​
10341034 32.27packaging or container of the cannabis product a label that contains at least the following​
10351035 32.28information:​
10361036 32.29 (1) the name and license number of the cannabis microbusiness, cannabis mezzobusiness,​
10371037 32.30cannabis cultivator, medical cannabis combination business, or industrial hemp grower that​
10381038 32.31cultivated the cannabis flower or hemp plant parts used in the cannabis product,​
10391039 32​Sec. 47.​
10401040 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 33.1lower-potency hemp edible, hemp-derived consumer product, or medical cannabinoid​
10411041 33.2product;​
10421042 33.3 (2) the name and license number of the cannabis microbusiness, cannabis mezzobusiness,​
10431043 33.4cannabis manufacturer, lower-potency hemp edible manufacturer, medical cannabis​
10441044 33.5combination business, or industrial hemp grower that manufactured the cannabis concentrate,​
10451045 33.6hemp concentrate, or artificially derived cannabinoid and, if different, the name and license​
10461046 33.7number of the cannabis microbusiness, cannabis mezzobusiness, cannabis manufacturer,​
10471047 33.8lower-potency hemp edible manufacturer, or medical cannabis combination business that​
10481048 33.9manufactured the product;​
10491049 33.10 (3) the net weight or volume of the cannabis product, lower-potency hemp edible, or​
10501050 33.11hemp-derived consumer product in the package or container;​
10511051 33.12 (4) the type of cannabis product, lower-potency hemp edible, or hemp-derived consumer​
10521052 33.13product;​
10531053 33.14 (5) the batch number;​
10541054 33.15 (6) the serving size;​
10551055 33.16 (7) the cannabinoid profile per serving and in total;​
10561056 33.17 (8) a list of ingredients;​
10571057 33.18 (9) a universal symbol established by the office indicating that the package or container​
10581058 33.19contains cannabis flower, a cannabis product, a lower-potency hemp edible, or a​
10591059 33.20hemp-derived consumer product;​
10601060 33.21 (10) a warning symbol developed by the office in consultation with the commissioner​
10611061 33.22of health and the Minnesota Poison Control System that:​
10621062 33.23 (i) is at least three-quarters of an inch tall and six-tenths of an inch wide;​
10631063 33.24 (ii) is in a highly visible color;​
10641064 33.25 (iii) includes a visual element that is commonly understood to mean a person should​
10651065 33.26stop;​
10661066 33.27 (iv) indicates that the product is not for children; and​
10671067 33.28 (v) includes the phone number of the Minnesota Poison Control System;​
10681068 33.29 (11) verification that the cannabis product, lower-potency hemp edible, hemp-derived​
10691069 33.30consumer product, or medical cannabinoid product was tested according to section 342.61​
10701070 33​Sec. 47.​
10711071 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 34.1and that the cannabis product, lower-potency hemp edible, hemp-derived consumer product,​
10721072 34.2or medical cannabinoid product complies with the applicable standards;​
10731073 34.3 (12) information on the usage of the product;​
10741074 34.4 (13) the following statement: "Keep this product out of reach of children."; and​
10751075 34.5 (14) any other statements or information required by the office.​
10761076 34.6 (b) The office may by rule establish alternative labeling requirements for lower-potency​
10771077 34.7hemp edibles that are imported into the state if those requirements provide consumers with​
10781078 34.8information that is substantially similar to the information described in paragraph (a).​
10791079 34.9 Sec. 48. Minnesota Statutes 2024, section 342.63, subdivision 6, is amended to read:​
10801080 34.10 Subd. 6.Additional information.(a) A cannabis microbusiness, cannabis mezzobusiness,​
10811081 34.11cannabis retailer, or medical cannabis combination business must provide customers and​
10821082 34.12patients with the following information:​
10831083 34.13 (1) factual information about impairment effects and the expected timing of impairment​
10841084 34.14effects, side effects, adverse effects, and health risks of cannabis flower, cannabis products,​
10851085 34.15lower-potency hemp edibles, and hemp-derived consumer products;​
10861086 34.16 (2) a statement that customers and patients must not operate a motor vehicle or heavy​
10871087 34.17machinery while under the influence of cannabis flower, cannabis products, lower-potency​
10881088 34.18hemp edibles, and hemp-derived consumer products;​
10891089 34.19 (3) resources customers and patients may consult to answer questions about cannabis​
10901090 34.20flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer​
10911091 34.21products, and any side effects and adverse effects;​
10921092 34.22 (4) contact information for the poison control center and a safety hotline or website for​
10931093 34.23customers to report and obtain advice about side effects and adverse effects of cannabis​
10941094 34.24flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer​
10951095 34.25products;​
10961096 34.26 (5) substance use disorder treatment options; and​
10971097 34.27 (6) any other information specified by the office.​
10981098 34.28 (b) A cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, or medical​
10991099 34.29cannabis combination business may include the information described in paragraph (a) by:​
11001100 34​Sec. 48.​
11011101 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 35.1 (1) including the information on the label affixed to the packaging or container of cannabis​
11021102 35.2flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products​
11031103 35.3by:;​
11041104 35.4 (1) (2) posting the information in the premises of the cannabis microbusiness, cannabis​
11051105 35.5mezzobusiness, cannabis retailer, or medical cannabis combination business; or​
11061106 35.6 (2) (3) providing the information on a separate document or pamphlet provided to​
11071107 35.7customers or patients when the customer purchases cannabis flower, a cannabis product, a​
11081108 35.8lower-potency hemp edible, or a hemp-derived consumer product.​
11091109 35.9 Sec. 49. REPEALER.​
11101110 35.10 Minnesota Statutes 2024, sections 152.22, subdivision 2; 342.01, subdivision 71; and​
11111111 35.11342.151, subdivision 1, are repealed.​
11121112 35​Sec. 49.​
11131113 25-00281 as introduced​02/19/25 REVISOR EB/VJ​ 152.22 DEFINITIONS.​
11141114 Subd. 2.Commissioner."Commissioner" means the commissioner of health.​
11151115 342.01 DEFINITIONS.​
11161116 Subd. 71.Visiting patient."Visiting patient" means an individual who is not a Minnesota​
11171117 resident and who possesses a valid registration verification card or its equivalent that is issued under​
11181118 the laws or regulations of another state, district, commonwealth, or territory of the United States​
11191119 verifying that the individual is enrolled in or authorized to participate in that jurisdiction's medical​
11201120 cannabis or medical marijuana program.​
11211121 342.151 EMPLOYEES OF LICENSE HOLDERS.​
11221122 Subdivision 1.Definitions.For purposes of this section, a "license holder" includes a cannabis​
11231123 microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis manufacturer, cannabis​
11241124 retailer, cannabis wholesaler, cannabis transporter, cannabis testing facility, cannabis event organizer,​
11251125 cannabis delivery service, lower-potency hemp edible manufacturer, lower-potency hemp edible​
11261126 retailer, or medical cannabis combination business.​
11271127 1R​
11281128 APPENDIX​
11291129 Repealed Minnesota Statutes: 25-00281​