1 | 1 | | 1.1 A bill for an act |
---|
2 | 2 | | 1.2 relating to cannabis; modifying medical cannabis and cannabis provisions; |
---|
3 | 3 | | 1.3 amending Minnesota Statutes 2024, sections 152.22, subdivisions 4, 7, 10, 13; |
---|
4 | 4 | | 1.4 152.24; 152.25; 152.26; 152.261; 152.27, subdivisions 2, 7; 152.28, subdivisions |
---|
5 | 5 | | 1.5 1, 3; 152.29, subdivisions 1, 2, 3a, 4; 152.31; 152.32, subdivision 2; 152.33, |
---|
6 | 6 | | 1.6 subdivisions 1a, 4; 152.35; 152.37; 342.01, subdivisions 9, 47, 54, by adding a |
---|
7 | 7 | | 1.7 subdivision; 342.02, subdivision 3; 342.12; 342.14, subdivisions 3, 6; 342.151, |
---|
8 | 8 | | 1.8 subdivisions 2, 3; 342.22, subdivision 3; 342.28, subdivisions 1, 8; 342.29, |
---|
9 | 9 | | 1.9 subdivisions 1, 7; 342.30, subdivision 1; 342.33, subdivision 1; 342.44, subdivision |
---|
10 | 10 | | 1.10 1; 342.46, subdivision 6; 342.52, by adding a subdivision; 342.57, subdivision 2; |
---|
11 | 11 | | 1.11 342.59, subdivision 2; 342.61, subdivision 4; 342.63, subdivisions 2, 3, 6; repealing |
---|
12 | 12 | | 1.12 Minnesota Statutes 2024, sections 152.22, subdivision 2; 342.01, subdivision 71; |
---|
13 | 13 | | 1.13 342.151, subdivision 1. |
---|
14 | 14 | | 1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
---|
15 | 15 | | 1.15 Section 1. Minnesota Statutes 2024, section 152.22, subdivision 4, is amended to read: |
---|
16 | 16 | | 1.16 Subd. 4.Health care practitioner."Health care practitioner" means a Minnesota licensed |
---|
17 | 17 | | 1.17Minnesota-licensed doctor of medicine, a Minnesota licensed Minnesota-licensed physician |
---|
18 | 18 | | 1.18assistant acting within the scope of authorized practice, or a Minnesota licensed |
---|
19 | 19 | | 1.19Minnesota-licensed advanced practice registered nurse who has an active license in good |
---|
20 | 20 | | 1.20standing and the primary responsibility for the care and treatment of the qualifying medical |
---|
21 | 21 | | 1.21condition of a person an individual diagnosed with a qualifying medical condition. |
---|
22 | 22 | | 1.22 Sec. 2. Minnesota Statutes 2024, section 152.22, subdivision 7, is amended to read: |
---|
23 | 23 | | 1.23 Subd. 7.Medical cannabis manufacturer."Medical cannabis manufacturer" or |
---|
24 | 24 | | 1.24"manufacturer" means an entity registered by the commissioner office to cultivate, acquire, |
---|
25 | 25 | | 1.25manufacture, possess, prepare, transfer, transport, supply, or dispense medical cannabis, |
---|
26 | 26 | | 1.26delivery devices, or related supplies and educational materials. |
---|
27 | 27 | | 1Sec. 2. |
---|
28 | 28 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ |
---|
29 | 29 | | SENATE |
---|
30 | 30 | | STATE OF MINNESOTA |
---|
31 | 31 | | S.F. No. 2372NINETY-FOURTH SESSION |
---|
32 | 32 | | (SENATE AUTHORS: DIBBLE) |
---|
33 | 33 | | OFFICIAL STATUSD-PGDATE |
---|
34 | 34 | | Introduction and first reading03/10/2025 |
---|
35 | 35 | | Referred to Health and Human Services 2.1 Sec. 3. Minnesota Statutes 2024, section 152.22, subdivision 10, is amended to read: |
---|
36 | 36 | | 2.2 Subd. 10.Patient registry number."Patient registry number" means a unique |
---|
37 | 37 | | 2.3identification number assigned by the commissioner office to a patient enrolled in the registry |
---|
38 | 38 | | 2.4program. |
---|
39 | 39 | | 2.5 Sec. 4. Minnesota Statutes 2024, section 152.22, subdivision 13, is amended to read: |
---|
40 | 40 | | 2.6 Subd. 13.Registry verification."Registry verification" means the verification provided |
---|
41 | 41 | | 2.7by the commissioner office that a patient is enrolled in the registry program and that includes |
---|
42 | 42 | | 2.8the patient's name, registry number, and, if applicable, the name of the patient's registered |
---|
43 | 43 | | 2.9designated caregiver or parent, legal guardian, or spouse. |
---|
44 | 44 | | 2.10 Sec. 5. Minnesota Statutes 2024, section 152.24, is amended to read: |
---|
45 | 45 | | 2.11 152.24 FEDERALLY APPROVED CLINICAL TRIALS. |
---|
46 | 46 | | 2.12 The commissioner office may prohibit enrollment of a patient in the registry program |
---|
47 | 47 | | 2.13if the patient is simultaneously enrolled in a federally approved clinical trial for the treatment |
---|
48 | 48 | | 2.14of a qualifying medical condition with medical cannabis. The commissioner office shall |
---|
49 | 49 | | 2.15provide information to all patients enrolled in the registry program on the existence of |
---|
50 | 50 | | 2.16federally approved clinical trials for the treatment of the patient's qualifying medical condition |
---|
51 | 51 | | 2.17with medical cannabis as an alternative to enrollment in the patient registry program. |
---|
52 | 52 | | 2.18 Sec. 6. Minnesota Statutes 2024, section 152.25, is amended to read: |
---|
53 | 53 | | 2.19 152.25 COMMISSIONER OFFICE DUTIES. |
---|
54 | 54 | | 2.20 Subdivision 1.Medical cannabis manufacturer registration.(a) The commissioner |
---|
55 | 55 | | 2.21office shall register two in-state manufacturers for the production of all medical cannabis |
---|
56 | 56 | | 2.22within the state. A registration agreement between the commissioner office and a |
---|
57 | 57 | | 2.23manufacturer is nontransferable. The commissioner office shall register new manufacturers |
---|
58 | 58 | | 2.24or reregister the existing manufacturers by December 1 every two years, using the factors |
---|
59 | 59 | | 2.25described in this subdivision. The commissioner office shall accept applications after |
---|
60 | 60 | | 2.26December 1, 2014, if one of the manufacturers registered before December 1, 2014, ceases |
---|
61 | 61 | | 2.27to be registered as a manufacturer. The commissioner's office's determination that no |
---|
62 | 62 | | 2.28manufacturer exists to fulfill the duties under sections 152.22 to 152.37 is subject to judicial |
---|
63 | 63 | | 2.29review in Ramsey County District Court. Data submitted during the application process are |
---|
64 | 64 | | 2.30private data on individuals or nonpublic data as defined in section 13.02 until the |
---|
65 | 65 | | 2.31manufacturer is registered under this section. Data on a manufacturer that is registered are |
---|
66 | 66 | | 2.32public data, unless the data are trade secret or security information under section 13.37. |
---|
67 | 67 | | 2Sec. 6. |
---|
68 | 68 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 3.1 (b) As a condition for registration, a manufacturer must agree to: |
---|
69 | 69 | | 3.2 (1) begin supplying medical cannabis to patients by July 1, 2015; and |
---|
70 | 70 | | 3.3 (2) comply with all requirements under sections 152.22 to 152.37. |
---|
71 | 71 | | 3.4 (c) The commissioner office shall consider the following factors when determining |
---|
72 | 72 | | 3.5which manufacturer to register: |
---|
73 | 73 | | 3.6 (1) the technical expertise of the manufacturer in cultivating medical cannabis and |
---|
74 | 74 | | 3.7converting the medical cannabis into an acceptable delivery method under section 152.22, |
---|
75 | 75 | | 3.8subdivision 6; |
---|
76 | 76 | | 3.9 (2) the qualifications of the manufacturer's employees; |
---|
77 | 77 | | 3.10 (3) the long-term financial stability of the manufacturer; |
---|
78 | 78 | | 3.11 (4) the ability to provide appropriate security measures on the premises of the |
---|
79 | 79 | | 3.12manufacturer; |
---|
80 | 80 | | 3.13 (5) whether the manufacturer has demonstrated an ability to meet the medical cannabis |
---|
81 | 81 | | 3.14production needs required by sections 152.22 to 152.37; and |
---|
82 | 82 | | 3.15 (6) the manufacturer's projection and ongoing assessment of fees on patients with a |
---|
83 | 83 | | 3.16qualifying medical condition. |
---|
84 | 84 | | 3.17 (d) If an officer, director, or controlling person of the manufacturer pleads or is found |
---|
85 | 85 | | 3.18guilty of intentionally diverting medical cannabis to a person other than allowed by law |
---|
86 | 86 | | 3.19under section 152.33, subdivision 1, the commissioner office may decide not to renew the |
---|
87 | 87 | | 3.20registration of the manufacturer, provided the violation occurred while the person was an |
---|
88 | 88 | | 3.21officer, director, or controlling person of the manufacturer. |
---|
89 | 89 | | 3.22 (e) The commissioner office shall require each medical cannabis manufacturer to contract |
---|
90 | 90 | | 3.23with an independent laboratory to test medical cannabis produced by the manufacturer. The |
---|
91 | 91 | | 3.24commissioner office shall approve the laboratory chosen by each manufacturer and require |
---|
92 | 92 | | 3.25that the laboratory report testing results to the manufacturer in a manner determined by the |
---|
93 | 93 | | 3.26commissioner office. |
---|
94 | 94 | | 3.27 Subd. 1a.Revocation or nonrenewal of a medical cannabis manufacturer |
---|
95 | 95 | | 3.28registration.If the commissioner office intends to revoke or not renew a registration issued |
---|
96 | 96 | | 3.29under this section, the commissioner office must first notify in writing the manufacturer |
---|
97 | 97 | | 3.30against whom the action is to be taken and provide the manufacturer with an opportunity |
---|
98 | 98 | | 3.31to request a hearing under the contested case provisions of chapter 14. If the manufacturer |
---|
99 | 99 | | 3.32does not request a hearing by notifying the commissioner office in writing within 20 days |
---|
100 | 100 | | 3Sec. 6. |
---|
101 | 101 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 4.1after receipt of the notice of proposed action, the commissioner office may proceed with |
---|
102 | 102 | | 4.2the action without a hearing. For revocations, the registration of a manufacturer is considered |
---|
103 | 103 | | 4.3revoked on the date specified in the commissioner's office's written notice of revocation. |
---|
104 | 104 | | 4.4 Subd. 1b.Temporary suspension proceedings.The commissioner office may institute |
---|
105 | 105 | | 4.5proceedings to temporarily suspend the registration of a medical cannabis manufacturer for |
---|
106 | 106 | | 4.6a period of up to 90 days by notifying the manufacturer in writing if any action by an |
---|
107 | 107 | | 4.7employee, agent, officer, director, or controlling person of the manufacturer: |
---|
108 | 108 | | 4.8 (1) violates any of the requirements of sections 152.22 to 152.37 or the rules adopted |
---|
109 | 109 | | 4.9thereunder; |
---|
110 | 110 | | 4.10 (2) permits, aids, or abets the commission of any violation of state law at the |
---|
111 | 111 | | 4.11manufacturer's location for cultivation, harvesting, manufacturing, packaging, and processing |
---|
112 | 112 | | 4.12or at any site for distribution of medical cannabis; |
---|
113 | 113 | | 4.13 (3) performs any act contrary to the welfare of a registered patient or registered designated |
---|
114 | 114 | | 4.14caregiver; or |
---|
115 | 115 | | 4.15 (4) obtains, or attempts to obtain, a registration by fraudulent means or misrepresentation. |
---|
116 | 116 | | 4.16 Subd. 1c.Notice to patients.Upon the revocation or nonrenewal of a manufacturer's |
---|
117 | 117 | | 4.17registration under subdivision 1a or implementation of an enforcement action under |
---|
118 | 118 | | 4.18subdivision 1b that may affect the ability of a registered patient, registered designated |
---|
119 | 119 | | 4.19caregiver, or a registered patient's parent, legal guardian, or spouse to obtain medical cannabis |
---|
120 | 120 | | 4.20from the manufacturer subject to the enforcement action, the commissioner office shall |
---|
121 | 121 | | 4.21notify in writing each registered patient and the patient's registered designated caregiver or |
---|
122 | 122 | | 4.22registered patient's parent, legal guardian, or spouse about the outcome of the proceeding |
---|
123 | 123 | | 4.23and information regarding alternative registered manufacturers. This notice must be provided |
---|
124 | 124 | | 4.24two or more business days prior to the effective date of the revocation, nonrenewal, or other |
---|
125 | 125 | | 4.25enforcement action. |
---|
126 | 126 | | 4.26 Subd. 2.Range of compounds and dosages; report.The office shall review and publicly |
---|
127 | 127 | | 4.27report the existing medical and scientific literature regarding the range of recommended |
---|
128 | 128 | | 4.28dosages for each qualifying condition and the range of chemical compositions of any plant |
---|
129 | 129 | | 4.29of the genus cannabis that will likely be medically beneficial for each of the qualifying |
---|
130 | 130 | | 4.30medical conditions. The office shall make this information available to patients with |
---|
131 | 131 | | 4.31qualifying medical conditions beginning December 1, 2014, and update the information |
---|
132 | 132 | | 4.32every three years. The office may consult with the independent laboratory under contract |
---|
133 | 133 | | 4.33with the manufacturer or other experts in reporting the range of recommended dosages for |
---|
134 | 134 | | 4.34each qualifying medical condition, the range of chemical compositions that will likely be |
---|
135 | 135 | | 4Sec. 6. |
---|
136 | 136 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 5.1medically beneficial, and any risks of noncannabis drug interactions. The office shall consult |
---|
137 | 137 | | 5.2with each manufacturer on an annual basis on medical cannabis offered by the manufacturer. |
---|
138 | 138 | | 5.3The list of medical cannabis offered by a manufacturer shall be published on the Office of |
---|
139 | 139 | | 5.4Cannabis Management website. |
---|
140 | 140 | | 5.5 Subd. 3.Deadlines.The commissioner office shall adopt rules necessary for the |
---|
141 | 141 | | 5.6manufacturer to begin distribution of medical cannabis to patients under the registry program |
---|
142 | 142 | | 5.7by July 1, 2015, and have notice of proposed rules published in the State Register prior to |
---|
143 | 143 | | 5.8January 1, 2015. |
---|
144 | 144 | | 5.9 Subd. 4.Reports.(a) The commissioner office shall provide regular updates to the task |
---|
145 | 145 | | 5.10force on medical cannabis therapeutic research and to the chairs and ranking minority |
---|
146 | 146 | | 5.11members of the legislative committees with jurisdiction over health and human services, |
---|
147 | 147 | | 5.12public safety, judiciary, and civil law Cannabis Advisory Council under section 342.03 |
---|
148 | 148 | | 5.13regarding: (1) any changes in federal law or regulatory restrictions regarding the use of |
---|
149 | 149 | | 5.14medical cannabis or hemp; and (2) the market demand and supply in this state for products |
---|
150 | 150 | | 5.15made from hemp that can be used for medicinal purposes. |
---|
151 | 151 | | 5.16 (b) The commissioner office may submit medical research based on the data collected |
---|
152 | 152 | | 5.17under sections 152.22 to 152.37 to any federal agency with regulatory or enforcement |
---|
153 | 153 | | 5.18authority over medical cannabis to demonstrate the effectiveness of medical cannabis for |
---|
154 | 154 | | 5.19treating a qualifying medical condition. |
---|
155 | 155 | | 5.20 Sec. 7. Minnesota Statutes 2024, section 152.26, is amended to read: |
---|
156 | 156 | | 5.21 152.26 RULEMAKING. |
---|
157 | 157 | | 5.22 (a) The commissioner office may adopt rules to implement sections 152.22 to 152.37. |
---|
158 | 158 | | 5.23Rules for which notice is published in the State Register before January 1, 2015, may be |
---|
159 | 159 | | 5.24adopted using the process in section 14.389. |
---|
160 | 160 | | 5.25 (b) The commissioner office may adopt or amend rules, using the procedure in section |
---|
161 | 161 | | 5.2614.386, paragraph (a), to implement the addition of dried raw cannabis as an allowable form |
---|
162 | 162 | | 5.27of medical cannabis under section 152.22, subdivision 6, paragraph (a), clause (4). Section |
---|
163 | 163 | | 5.2814.386, paragraph (b), does not apply to these rules. |
---|
164 | 164 | | 5.29 Sec. 8. Minnesota Statutes 2024, section 152.261, is amended to read: |
---|
165 | 165 | | 5.30 152.261 RULES; ADVERSE INCIDENTS. |
---|
166 | 166 | | 5.31 (a) The commissioner of health office shall adopt rules to establish requirements for |
---|
167 | 167 | | 5.32reporting incidents when individuals who are not authorized to possess medical cannabis |
---|
168 | 168 | | 5Sec. 8. |
---|
169 | 169 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 6.1under sections 152.22 to 152.37 are found in possession of medical cannabis. The rules |
---|
170 | 170 | | 6.2must identify professionals required to report, the information they are required to report, |
---|
171 | 171 | | 6.3and actions the reporter must take to secure the medical cannabis. |
---|
172 | 172 | | 6.4 (b) The commissioner of health office shall adopt rules to establish requirements for law |
---|
173 | 173 | | 6.5enforcement officials and health care professionals to report incidents involving an overdose |
---|
174 | 174 | | 6.6of medical cannabis to the commissioner of health office. |
---|
175 | 175 | | 6.7 (c) Rules must include the method by which the commissioner office will collect and |
---|
176 | 176 | | 6.8tabulate reports of unauthorized possession and overdose. |
---|
177 | 177 | | 6.9 Sec. 9. Minnesota Statutes 2024, section 152.27, subdivision 2, is amended to read: |
---|
178 | 178 | | 6.10 Subd. 2.Office duties.(a) The office shall: |
---|
179 | 179 | | 6.11 (1) give notice of the program to health care practitioners in the state who are eligible |
---|
180 | 180 | | 6.12to serve as health care practitioners and explain the purposes and requirements of the |
---|
181 | 181 | | 6.13program; |
---|
182 | 182 | | 6.14 (2) allow each health care practitioner who meets or agrees to meet the program's |
---|
183 | 183 | | 6.15requirements and who requests to participate, to be included in the registry program to |
---|
184 | 184 | | 6.16collect data for the patient registry; |
---|
185 | 185 | | 6.17 (3) provide explanatory information and assistance to each health care practitioner in |
---|
186 | 186 | | 6.18understanding the nature of therapeutic use of medical cannabis within program requirements; |
---|
187 | 187 | | 6.19 (4) create and provide a certification to be used by a health care practitioner for the |
---|
188 | 188 | | 6.20practitioner to certify whether a patient has been diagnosed with a qualifying medical |
---|
189 | 189 | | 6.21condition; |
---|
190 | 190 | | 6.22 (5) supervise the participation of the health care practitioner in conducting patient |
---|
191 | 191 | | 6.23treatment and health records reporting in a manner that ensures stringent security and |
---|
192 | 192 | | 6.24record-keeping requirements and that prevents the unauthorized release of private data on |
---|
193 | 193 | | 6.25individuals as defined by section 13.02; |
---|
194 | 194 | | 6.26 (6) develop safety criteria for patients with a qualifying medical condition as a |
---|
195 | 195 | | 6.27requirement of the patient's participation in the program, to prevent the patient from |
---|
196 | 196 | | 6.28undertaking any task under the influence of medical cannabis that would constitute negligence |
---|
197 | 197 | | 6.29or professional malpractice on the part of the patient; and |
---|
198 | 198 | | 6.30 (7) conduct research and studies based on data from health records submitted to the |
---|
199 | 199 | | 6.31registry program and submit reports on intermediate or final research results to the legislature |
---|
200 | 200 | | 6.32and major scientific journals. The office may contract with a third party to complete the |
---|
201 | 201 | | 6Sec. 9. |
---|
202 | 202 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 7.1requirements of this clause. Any reports submitted must comply with section 152.28, |
---|
203 | 203 | | 7.2subdivision 2. |
---|
204 | 204 | | 7.3 (b) The office may add a delivery method under section 152.22, subdivision 6, upon a |
---|
205 | 205 | | 7.4petition from a member of the public or the Cannabis Advisory Council under section 342.03 |
---|
206 | 206 | | 7.5or as directed by law. If the office wishes to add a delivery method under section 152.22, |
---|
207 | 207 | | 7.6subdivision 6, the office must notify the chairs and ranking minority members of the |
---|
208 | 208 | | 7.7legislative policy committees having jurisdiction over health and public safety of the addition |
---|
209 | 209 | | 7.8and the reasons for its addition, including any written comments received by the office from |
---|
210 | 210 | | 7.9the public and any guidance received from the Cannabis Advisory Council under section |
---|
211 | 211 | | 7.10342.03, by January 15 of the year in which the office wishes to make the change. The change |
---|
212 | 212 | | 7.11shall be effective on August 1 of that year, unless the legislature by law provides otherwise. |
---|
213 | 213 | | 7.12 Sec. 10. Minnesota Statutes 2024, section 152.27, subdivision 7, is amended to read: |
---|
214 | 214 | | 7.13 Subd. 7.Notice requirements.Patients and registered designated caregivers shall notify |
---|
215 | 215 | | 7.14the commissioner office of any address or name change within 30 days of the change having |
---|
216 | 216 | | 7.15occurred. A patient or registered designated caregiver is subject to a $100 fine for failure |
---|
217 | 217 | | 7.16to notify the commissioner office of the change. |
---|
218 | 218 | | 7.17 Sec. 11. Minnesota Statutes 2024, section 152.28, subdivision 1, is amended to read: |
---|
219 | 219 | | 7.18 Subdivision 1.Health care practitioner duties.(a) Prior to a patient's enrollment in |
---|
220 | 220 | | 7.19the registry program, a health care practitioner shall: |
---|
221 | 221 | | 7.20 (1) determine, in the health care practitioner's medical judgment, whether a patient suffers |
---|
222 | 222 | | 7.21from a qualifying medical condition, and, if so determined, provide the patient with a |
---|
223 | 223 | | 7.22certification of that diagnosis; |
---|
224 | 224 | | 7.23 (2) advise patients, registered designated caregivers, and parents, legal guardians, or |
---|
225 | 225 | | 7.24spouses who are acting as caregivers of the existence of any nonprofit patient support groups |
---|
226 | 226 | | 7.25or organizations; |
---|
227 | 227 | | 7.26 (3) provide explanatory information from the office to patients with qualifying medical |
---|
228 | 228 | | 7.27conditions, including disclosure to all patients about the experimental nature of therapeutic |
---|
229 | 229 | | 7.28use of medical cannabis; the possible risks, benefits, and side effects of the proposed |
---|
230 | 230 | | 7.29treatment; the application and other materials from the office; and provide patients with the |
---|
231 | 231 | | 7.30Tennessen warning as required by section 13.04, subdivision 2; and |
---|
232 | 232 | | 7.31 (4) agree to continue treatment of the patient's qualifying medical condition and report |
---|
233 | 233 | | 7.32medical findings to the office. |
---|
234 | 234 | | 7Sec. 11. |
---|
235 | 235 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 8.1 (b) Upon notification from the office of the patient's enrollment in the registry program, |
---|
236 | 236 | | 8.2the health care practitioner shall: |
---|
237 | 237 | | 8.3 (1) participate in the patient registry reporting system under the guidance and supervision |
---|
238 | 238 | | 8.4of the office; |
---|
239 | 239 | | 8.5 (2) report health records of the patient throughout the ongoing treatment of the patient |
---|
240 | 240 | | 8.6to the office in a manner determined by the commissioner office and in accordance with |
---|
241 | 241 | | 8.7subdivision 2; |
---|
242 | 242 | | 8.8 (3) determine, every three years, if the patient continues to suffer from a qualifying |
---|
243 | 243 | | 8.9medical condition and, if so, issue the patient a new certification of that diagnosis; and |
---|
244 | 244 | | 8.10 (4) otherwise comply with all requirements developed by the office. |
---|
245 | 245 | | 8.11 (c) A health care practitioner may utilize telehealth, as defined in section 62A.673, |
---|
246 | 246 | | 8.12subdivision 2, for certifications and recertifications. |
---|
247 | 247 | | 8.13 (d) Nothing in this section requires a health care practitioner to participate in the registry |
---|
248 | 248 | | 8.14program. |
---|
249 | 249 | | 8.15 Sec. 12. Minnesota Statutes 2024, section 152.28, subdivision 3, is amended to read: |
---|
250 | 250 | | 8.16 Subd. 3.Advertising restrictions.(a) A health care practitioner shall not publish or |
---|
251 | 251 | | 8.17cause to be published any advertisement that: |
---|
252 | 252 | | 8.18 (1) contains false or misleading statements about medical cannabis or about the medical |
---|
253 | 253 | | 8.19cannabis registry program; |
---|
254 | 254 | | 8.20 (2) uses colloquial terms to refer to medical cannabis, such as pot, weed, or grass; |
---|
255 | 255 | | 8.21 (3) states or implies the health care practitioner is endorsed by the Department of Health |
---|
256 | 256 | | 8.22office or by the medical cannabis registry program; |
---|
257 | 257 | | 8.23 (4) includes images of cannabis in its plant or leaf form or of cannabis-smoking |
---|
258 | 258 | | 8.24paraphernalia; or |
---|
259 | 259 | | 8.25 (5) contains medical symbols that could reasonably be confused with symbols of |
---|
260 | 260 | | 8.26established medical associations or groups. |
---|
261 | 261 | | 8.27 (b) A health care practitioner found by the commissioner office to have violated this |
---|
262 | 262 | | 8.28subdivision is prohibited from certifying that patients have a qualifying medical condition |
---|
263 | 263 | | 8.29for purposes of patient participation in the registry program. The commissioner's office's |
---|
264 | 264 | | 8.30decision that a health care practitioner has violated this subdivision is a final decision of |
---|
265 | 265 | | 8.31the commissioner office and is not subject to the contested case procedures in chapter 14. |
---|
266 | 266 | | 8Sec. 12. |
---|
267 | 267 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 9.1 Sec. 13. Minnesota Statutes 2024, section 152.29, subdivision 1, is amended to read: |
---|
268 | 268 | | 9.2 Subdivision 1.Manufacturer; requirements.(a) A manufacturer may operate eight |
---|
269 | 269 | | 9.3distribution facilities, which may include the manufacturer's single location for cultivation, |
---|
270 | 270 | | 9.4harvesting, manufacturing, packaging, and processing but is not required to include that |
---|
271 | 271 | | 9.5location. The commissioner office shall designate the geographical service areas to be served |
---|
272 | 272 | | 9.6by each manufacturer based on geographical need throughout the state to improve patient |
---|
273 | 273 | | 9.7access. A manufacturer shall not have more than two distribution facilities in each |
---|
274 | 274 | | 9.8geographical service area assigned to the manufacturer by the commissioner office. A |
---|
275 | 275 | | 9.9manufacturer shall operate only one location where all cultivation, harvesting, manufacturing, |
---|
276 | 276 | | 9.10packaging, and processing of medical cannabis shall be conducted. This location may be |
---|
277 | 277 | | 9.11one of the manufacturer's distribution facility sites. The additional distribution facilities |
---|
278 | 278 | | 9.12may dispense medical cannabis and medical cannabis products but may not contain any |
---|
279 | 279 | | 9.13medical cannabis in a form other than those forms allowed under section 152.22, subdivision |
---|
280 | 280 | | 9.146, and the manufacturer shall not conduct any cultivation, harvesting, manufacturing, |
---|
281 | 281 | | 9.15packaging, or processing at the other distribution facility sites. Any distribution facility |
---|
282 | 282 | | 9.16operated by the manufacturer is subject to all of the requirements applying to the |
---|
283 | 283 | | 9.17manufacturer under sections 152.22 to 152.37, including, but not limited to, security and |
---|
284 | 284 | | 9.18distribution requirements. |
---|
285 | 285 | | 9.19 (b) A manufacturer may acquire hemp grown in this state from a hemp grower, and may |
---|
286 | 286 | | 9.20acquire hemp products produced by a hemp processor. A manufacturer may manufacture |
---|
287 | 287 | | 9.21or process hemp and hemp products into an allowable form of medical cannabis under |
---|
288 | 288 | | 9.22section 152.22, subdivision 6. Hemp and hemp products acquired by a manufacturer under |
---|
289 | 289 | | 9.23this paragraph are subject to the same quality control program, security and testing |
---|
290 | 290 | | 9.24requirements, and other requirements that apply to medical cannabis under sections 152.22 |
---|
291 | 291 | | 9.25to 152.37 and Minnesota Rules, chapter 4770. |
---|
292 | 292 | | 9.26 (c) A medical cannabis manufacturer shall contract with a laboratory approved by the |
---|
293 | 293 | | 9.27commissioner office, subject to any additional requirements set by the commissioner office, |
---|
294 | 294 | | 9.28for purposes of testing medical cannabis manufactured or hemp or hemp products acquired |
---|
295 | 295 | | 9.29by the medical cannabis manufacturer as to content, contamination, and consistency to |
---|
296 | 296 | | 9.30verify the medical cannabis meets the requirements of section 152.22, subdivision 6. The |
---|
297 | 297 | | 9.31cost of laboratory testing shall be paid by the manufacturer. |
---|
298 | 298 | | 9.32 (d) The operating documents of a manufacturer must include: |
---|
299 | 299 | | 9.33 (1) procedures for the oversight of the manufacturer and procedures to ensure accurate |
---|
300 | 300 | | 9.34record keeping; |
---|
301 | 301 | | 9Sec. 13. |
---|
302 | 302 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 10.1 (2) procedures for the implementation of appropriate security measures to deter and |
---|
303 | 303 | | 10.2prevent the theft of medical cannabis and unauthorized entrance into areas containing medical |
---|
304 | 304 | | 10.3cannabis; and |
---|
305 | 305 | | 10.4 (3) procedures for the delivery and transportation of hemp between hemp growers and |
---|
306 | 306 | | 10.5manufacturers and for the delivery and transportation of hemp products between hemp |
---|
307 | 307 | | 10.6processors and manufacturers. |
---|
308 | 308 | | 10.7 (e) A manufacturer shall implement security requirements, including requirements for |
---|
309 | 309 | | 10.8the delivery and transportation of hemp and hemp products, protection of each location by |
---|
310 | 310 | | 10.9a fully operational security alarm system, facility access controls, perimeter intrusion |
---|
311 | 311 | | 10.10detection systems, and a personnel identification system. |
---|
312 | 312 | | 10.11 (f) A manufacturer shall not share office space with, refer patients to a health care |
---|
313 | 313 | | 10.12practitioner, or have any financial relationship with a health care practitioner. |
---|
314 | 314 | | 10.13 (g) A manufacturer shall not permit any person to consume medical cannabis on the |
---|
315 | 315 | | 10.14property of the manufacturer. |
---|
316 | 316 | | 10.15 (h) A manufacturer is subject to reasonable inspection by the commissioner office. |
---|
317 | 317 | | 10.16 (i) For purposes of sections 152.22 to 152.37, a medical cannabis manufacturer is not |
---|
318 | 318 | | 10.17subject to the Board of Pharmacy licensure or regulatory requirements under chapter 151. |
---|
319 | 319 | | 10.18 (j) A medical cannabis manufacturer may not employ any person who is under 21 years |
---|
320 | 320 | | 10.19of age or who has been convicted of a disqualifying felony offense. An employee of a |
---|
321 | 321 | | 10.20medical cannabis manufacturer must submit a completed criminal history records check |
---|
322 | 322 | | 10.21consent form, a full set of classifiable fingerprints, and the required fees for submission to |
---|
323 | 323 | | 10.22the Bureau of Criminal Apprehension before an employee may begin working with the |
---|
324 | 324 | | 10.23manufacturer. The bureau must conduct a Minnesota criminal history records check and |
---|
325 | 325 | | 10.24the superintendent is authorized to exchange the fingerprints with the Federal Bureau of |
---|
326 | 326 | | 10.25Investigation to obtain the applicant's national criminal history record information. The |
---|
327 | 327 | | 10.26bureau shall return the results of the Minnesota and federal criminal history records checks |
---|
328 | 328 | | 10.27to the commissioner office. |
---|
329 | 329 | | 10.28 (k) A manufacturer may not operate in any location, whether for distribution or |
---|
330 | 330 | | 10.29cultivation, harvesting, manufacturing, packaging, or processing, within 1,000 feet of a |
---|
331 | 331 | | 10.30public or private school existing before the date of the manufacturer's registration with the |
---|
332 | 332 | | 10.31commissioner office. |
---|
333 | 333 | | 10.32 (l) A manufacturer shall comply with reasonable restrictions set by the commissioner |
---|
334 | 334 | | 10.33office relating to signage, marketing, display, and advertising of medical cannabis. |
---|
335 | 335 | | 10Sec. 13. |
---|
336 | 336 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 11.1 (m) Before a manufacturer acquires hemp from a hemp grower or hemp products from |
---|
337 | 337 | | 11.2a hemp processor, the manufacturer must verify that the hemp grower or hemp processor |
---|
338 | 338 | | 11.3has a valid license issued by the commissioner of agriculture under chapter 18K. |
---|
339 | 339 | | 11.4 (n) Until a state-centralized, seed-to-sale system is implemented that can track a specific |
---|
340 | 340 | | 11.5medical cannabis plant from cultivation through testing and point of sale, the commissioner |
---|
341 | 341 | | 11.6office shall conduct at least one unannounced inspection per year of each manufacturer that |
---|
342 | 342 | | 11.7includes inspection of: |
---|
343 | 343 | | 11.8 (1) business operations; |
---|
344 | 344 | | 11.9 (2) physical locations of the manufacturer's manufacturing facility and distribution |
---|
345 | 345 | | 11.10facilities; |
---|
346 | 346 | | 11.11 (3) financial information and inventory documentation, including laboratory testing |
---|
347 | 347 | | 11.12results; and |
---|
348 | 348 | | 11.13 (4) physical and electronic security alarm systems. |
---|
349 | 349 | | 11.14Sec. 14. Minnesota Statutes 2024, section 152.29, subdivision 2, is amended to read: |
---|
350 | 350 | | 11.15 Subd. 2.Manufacturer; production.(a) A manufacturer of medical cannabis shall |
---|
351 | 351 | | 11.16provide a reliable and ongoing supply of all medical cannabis needed for the registry program |
---|
352 | 352 | | 11.17through cultivation by the manufacturer and through the purchase of hemp from hemp |
---|
353 | 353 | | 11.18growers. |
---|
354 | 354 | | 11.19 (b) All cultivation, harvesting, manufacturing, packaging, and processing of medical |
---|
355 | 355 | | 11.20cannabis must take place in an enclosed, locked facility at a physical address provided to |
---|
356 | 356 | | 11.21the commissioner office during the registration process. |
---|
357 | 357 | | 11.22 (c) A manufacturer must process and prepare any medical cannabis plant material or |
---|
358 | 358 | | 11.23hemp plant material into a form allowable under section 152.22, subdivision 6, prior to |
---|
359 | 359 | | 11.24distribution of any medical cannabis. |
---|
360 | 360 | | 11.25Sec. 15. Minnesota Statutes 2024, section 152.29, subdivision 3a, is amended to read: |
---|
361 | 361 | | 11.26 Subd. 3a.Transportation of medical cannabis; transport staffing.(a) A medical |
---|
362 | 362 | | 11.27cannabis manufacturer may staff a transport motor vehicle with only one employee if the |
---|
363 | 363 | | 11.28medical cannabis manufacturer is transporting medical cannabis to either a certified |
---|
364 | 364 | | 11.29laboratory for the purpose of testing or a facility for the purpose of disposal. If the medical |
---|
365 | 365 | | 11.30cannabis manufacturer is transporting medical cannabis for any other purpose or destination, |
---|
366 | 366 | | 11Sec. 15. |
---|
367 | 367 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 12.1the transport motor vehicle must be staffed with a minimum of two employees as required |
---|
368 | 368 | | 12.2by rules adopted by the commissioner office. |
---|
369 | 369 | | 12.3 (b) Notwithstanding paragraph (a), a medical cannabis manufacturer that is only |
---|
370 | 370 | | 12.4transporting hemp for any purpose may staff the transport motor vehicle with only one |
---|
371 | 371 | | 12.5employee. |
---|
372 | 372 | | 12.6 (c) A medical cannabis manufacturer may contract with a third party for armored car |
---|
373 | 373 | | 12.7services for deliveries of medical cannabis from its production facility to distribution |
---|
374 | 374 | | 12.8facilities. A medical cannabis manufacturer that contracts for armored car services remains |
---|
375 | 375 | | 12.9responsible for the transportation manifest and inventory tracking requirements in rules |
---|
376 | 376 | | 12.10adopted by the commissioner office. |
---|
377 | 377 | | 12.11 (d) Department of Health Office staff may transport medical cannabis for the purposes |
---|
378 | 378 | | 12.12of delivering medical cannabis and other samples to a laboratory for testing under rules |
---|
379 | 379 | | 12.13adopted by the commissioner office and in cases of special investigations when the |
---|
380 | 380 | | 12.14commissioner office has determined there is a potential threat to public health. The transport |
---|
381 | 381 | | 12.15motor vehicle must be staffed with a minimum of two Department of Health office |
---|
382 | 382 | | 12.16employees. The employees must carry with them their Department of Health office |
---|
383 | 383 | | 12.17identification card and a transport manifest. |
---|
384 | 384 | | 12.18Sec. 16. Minnesota Statutes 2024, section 152.29, subdivision 4, is amended to read: |
---|
385 | 385 | | 12.19 Subd. 4.Report.(a) Each manufacturer shall report to the commissioner office on a |
---|
386 | 386 | | 12.20monthly basis the following information on each individual patient for the month prior to |
---|
387 | 387 | | 12.21the report: |
---|
388 | 388 | | 12.22 (1) the amount and dosages of medical cannabis distributed; |
---|
389 | 389 | | 12.23 (2) the chemical composition of the medical cannabis; and |
---|
390 | 390 | | 12.24 (3) the tracking number assigned to any medical cannabis distributed. |
---|
391 | 391 | | 12.25 (b) For transactions involving Tribal medical cannabis program patients, each |
---|
392 | 392 | | 12.26manufacturer shall report to the commissioner office on a weekly basis the following |
---|
393 | 393 | | 12.27information on each individual Tribal medical cannabis program patient for the week prior |
---|
394 | 394 | | 12.28to the report: |
---|
395 | 395 | | 12.29 (1) the name of the Tribal medical cannabis program in which the Tribal medical cannabis |
---|
396 | 396 | | 12.30program patient is enrolled; |
---|
397 | 397 | | 12.31 (2) the amount and dosages of medical cannabis distributed; |
---|
398 | 398 | | 12.32 (3) the chemical composition of the medical cannabis distributed; and |
---|
399 | 399 | | 12Sec. 16. |
---|
400 | 400 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 13.1 (4) the tracking number assigned to the medical cannabis distributed. |
---|
401 | 401 | | 13.2 Sec. 17. Minnesota Statutes 2024, section 152.31, is amended to read: |
---|
402 | 402 | | 13.3 152.31 DATA PRACTICES. |
---|
403 | 403 | | 13.4 (a) Government data in patient files maintained by the commissioner office and the |
---|
404 | 404 | | 13.5health care practitioner, and data submitted to or by a medical cannabis manufacturer, are |
---|
405 | 405 | | 13.6private data on individuals, as defined in section 13.02, subdivision 12, or nonpublic data, |
---|
406 | 406 | | 13.7as defined in section 13.02, subdivision 9, but may be used for purposes of complying with |
---|
407 | 407 | | 13.8chapter 13 and complying with a request from the legislative auditor or the state auditor in |
---|
408 | 408 | | 13.9the performance of official duties. The provisions of section 13.05, subdivision 11, apply |
---|
409 | 409 | | 13.10to a registration agreement entered between the commissioner office and a medical cannabis |
---|
410 | 410 | | 13.11manufacturer under section 152.25. |
---|
411 | 411 | | 13.12 (b) Not public data maintained by the commissioner office may not be used for any |
---|
412 | 412 | | 13.13purpose not provided for in sections 152.22 to 152.37, and may not be combined or linked |
---|
413 | 413 | | 13.14in any manner with any other list, dataset, or database. |
---|
414 | 414 | | 13.15 (c) The commissioner office may execute data sharing arrangements with the |
---|
415 | 415 | | 13.16commissioner of agriculture to verify licensing, inspection, and compliance information |
---|
416 | 416 | | 13.17related to hemp growers and hemp processors under chapter 18K. |
---|
417 | 417 | | 13.18Sec. 18. Minnesota Statutes 2024, section 152.32, subdivision 2, is amended to read: |
---|
418 | 418 | | 13.19 Subd. 2.Criminal and civil protections.(a) Subject to section 152.23, the following |
---|
419 | 419 | | 13.20are not violations under this chapter: |
---|
420 | 420 | | 13.21 (1) use or possession of medical cannabis or medical cannabis products by a patient |
---|
421 | 421 | | 13.22enrolled in the registry program; possession by a registered designated caregiver or the |
---|
422 | 422 | | 13.23parent, legal guardian, or spouse of a patient if the parent, legal guardian, or spouse is listed |
---|
423 | 423 | | 13.24on the registry verification; or use or possession of medical cannabis or medical cannabis |
---|
424 | 424 | | 13.25products by a Tribal medical cannabis program patient; |
---|
425 | 425 | | 13.26 (2) possession, dosage determination, or sale of medical cannabis or medical cannabis |
---|
426 | 426 | | 13.27products by a medical cannabis manufacturer, employees of a manufacturer, a Tribal medical |
---|
427 | 427 | | 13.28cannabis program manufacturer, employees of a Tribal medical cannabis program |
---|
428 | 428 | | 13.29manufacturer, a laboratory conducting testing on medical cannabis, or employees of the |
---|
429 | 429 | | 13.30laboratory; and |
---|
430 | 430 | | 13.31 (3) possession of medical cannabis or medical cannabis products by any person while |
---|
431 | 431 | | 13.32carrying out the duties required under sections 152.22 to 152.37. |
---|
432 | 432 | | 13Sec. 18. |
---|
433 | 433 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 14.1 (b) Medical cannabis obtained and distributed pursuant to sections 152.22 to 152.37 and |
---|
434 | 434 | | 14.2associated property is not subject to forfeiture under sections 609.531 to 609.5316. |
---|
435 | 435 | | 14.3 (c) The commissioner office, members of a Tribal medical cannabis board, the |
---|
436 | 436 | | 14.4commissioner's office's or Tribal medical cannabis board's staff, the commissioner's office's |
---|
437 | 437 | | 14.5or Tribal medical cannabis board's agents or contractors, and any health care practitioner |
---|
438 | 438 | | 14.6are not subject to any civil or disciplinary penalties by the Board of Medical Practice, the |
---|
439 | 439 | | 14.7Board of Nursing, or by any business, occupational, or professional licensing board or entity, |
---|
440 | 440 | | 14.8solely for participation in the registry program under sections 152.22 to 152.37 or in a Tribal |
---|
441 | 441 | | 14.9medical cannabis program. A pharmacist licensed under chapter 151 is not subject to any |
---|
442 | 442 | | 14.10civil or disciplinary penalties by the Board of Pharmacy when acting in accordance with |
---|
443 | 443 | | 14.11the provisions of sections 152.22 to 152.37. Nothing in this section affects a professional |
---|
444 | 444 | | 14.12licensing board from taking action in response to violations of any other section of law. |
---|
445 | 445 | | 14.13 (d) Notwithstanding any law to the contrary, the commissioner office, the governor of |
---|
446 | 446 | | 14.14Minnesota, or an employee of any state agency may not be held civilly or criminally liable |
---|
447 | 447 | | 14.15for any injury, loss of property, personal injury, or death caused by any act or omission |
---|
448 | 448 | | 14.16while acting within the scope of office or employment under sections 152.22 to 152.37. |
---|
449 | 449 | | 14.17 (e) Federal, state, and local law enforcement authorities are prohibited from accessing |
---|
450 | 450 | | 14.18the patient registry under sections 152.22 to 152.37 except when acting pursuant to a valid |
---|
451 | 451 | | 14.19search warrant. |
---|
452 | 452 | | 14.20 (f) Notwithstanding any law to the contrary, neither the commissioner office nor a public |
---|
453 | 453 | | 14.21employee may release data or information about an individual contained in any report, |
---|
454 | 454 | | 14.22document, or registry created under sections 152.22 to 152.37 or any information obtained |
---|
455 | 455 | | 14.23about a patient participating in the program, except as provided in sections 152.22 to 152.37. |
---|
456 | 456 | | 14.24 (g) No information contained in a report, document, or registry or obtained from a patient |
---|
457 | 457 | | 14.25under sections 152.22 to 152.37 or from a Tribal medical cannabis program patient may be |
---|
458 | 458 | | 14.26admitted as evidence in a criminal proceeding unless independently obtained or in connection |
---|
459 | 459 | | 14.27with a proceeding involving a violation of sections 152.22 to 152.37. |
---|
460 | 460 | | 14.28 (h) Notwithstanding section 13.09, any person who violates paragraph (e) or (f) is guilty |
---|
461 | 461 | | 14.29of a gross misdemeanor. |
---|
462 | 462 | | 14.30 (i) An attorney may not be subject to disciplinary action by the Minnesota Supreme |
---|
463 | 463 | | 14.31Court, a Tribal court, or the professional responsibility board for providing legal assistance |
---|
464 | 464 | | 14.32to prospective or registered manufacturers or others related to activity that is no longer |
---|
465 | 465 | | 14.33subject to criminal penalties under state law pursuant to sections 152.22 to 152.37, or for |
---|
466 | 466 | | 14Sec. 18. |
---|
467 | 467 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 15.1providing legal assistance to a Tribal medical cannabis program or a Tribal medical cannabis |
---|
468 | 468 | | 15.2program manufacturer. |
---|
469 | 469 | | 15.3 (j) The following do not constitute probable cause or reasonable suspicion, and shall not |
---|
470 | 470 | | 15.4be used to support a search of the person or property of the person possessing or applying |
---|
471 | 471 | | 15.5for the registry verification or equivalent, or otherwise subject the person or property of the |
---|
472 | 472 | | 15.6person to inspection by any governmental agency: |
---|
473 | 473 | | 15.7 (1) possession of a registry verification or application for enrollment in the registry |
---|
474 | 474 | | 15.8program by a person entitled to possess a registry verification or apply for enrollment in |
---|
475 | 475 | | 15.9the registry program; or |
---|
476 | 476 | | 15.10 (2) possession of a verification or equivalent issued by a Tribal medical cannabis program |
---|
477 | 477 | | 15.11or application for enrollment in a Tribal medical cannabis program by a person entitled to |
---|
478 | 478 | | 15.12possess such a verification or application. |
---|
479 | 479 | | 15.13Sec. 19. Minnesota Statutes 2024, section 152.33, subdivision 1a, is amended to read: |
---|
480 | 480 | | 15.14 Subd. 1a.Intentional diversion outside the state; penalties.(a) In addition to any other |
---|
481 | 481 | | 15.15applicable penalty in law, the commissioner office may levy a fine of $250,000 against a |
---|
482 | 482 | | 15.16manufacturer and may immediately initiate proceedings to revoke the manufacturer's |
---|
483 | 483 | | 15.17registration, using the procedure in section 152.25, if: |
---|
484 | 484 | | 15.18 (1) an officer, director, or controlling person of the manufacturer pleads or is found |
---|
485 | 485 | | 15.19guilty under subdivision 1 of intentionally transferring medical cannabis, while the person |
---|
486 | 486 | | 15.20was an officer, director, or controlling person of the manufacturer, to a person other than |
---|
487 | 487 | | 15.21allowed by law; and |
---|
488 | 488 | | 15.22 (2) in intentionally transferring medical cannabis to a person other than allowed by law, |
---|
489 | 489 | | 15.23the officer, director, or controlling person transported or directed the transport of medical |
---|
490 | 490 | | 15.24cannabis outside of Minnesota. |
---|
491 | 491 | | 15.25 (b) All fines collected under this subdivision shall be deposited in the state government |
---|
492 | 492 | | 15.26special revenue fund. |
---|
493 | 493 | | 15.27Sec. 20. Minnesota Statutes 2024, section 152.33, subdivision 4, is amended to read: |
---|
494 | 494 | | 15.28 Subd. 4.Submission of false records; criminal penalty.A person who knowingly |
---|
495 | 495 | | 15.29submits false records or documentation required by the commissioner office to register as |
---|
496 | 496 | | 15.30a manufacturer of medical cannabis under sections 152.22 to 152.37 is guilty of a felony |
---|
497 | 497 | | 15.31and may be sentenced to imprisonment for not more than two years or by payment of a fine |
---|
498 | 498 | | 15.32of not more than $3,000, or both. |
---|
499 | 499 | | 15Sec. 20. |
---|
500 | 500 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 16.1 Sec. 21. Minnesota Statutes 2024, section 152.35, is amended to read: |
---|
501 | 501 | | 16.2 152.35 FEES; DEPOSIT OF REVENUE. |
---|
502 | 502 | | 16.3 (a) The commissioner office shall collect an application fee of $20,000 from each entity |
---|
503 | 503 | | 16.4submitting an application for registration as a medical cannabis manufacturer. Revenue |
---|
504 | 504 | | 16.5from the fee shall be deposited in the state treasury and credited to the state government |
---|
505 | 505 | | 16.6special revenue fund. |
---|
506 | 506 | | 16.7 (b) The commissioner office shall establish and collect an annual fee from a medical |
---|
507 | 507 | | 16.8cannabis manufacturer equal to the cost of regulating and inspecting the manufacturer in |
---|
508 | 508 | | 16.9that year. Revenue from the fee amount shall be deposited in the state treasury and credited |
---|
509 | 509 | | 16.10to the state government special revenue fund. |
---|
510 | 510 | | 16.11 (c) A medical cannabis manufacturer may charge patients enrolled in the registry program |
---|
511 | 511 | | 16.12a reasonable fee for costs associated with the operations of the manufacturer. The |
---|
512 | 512 | | 16.13manufacturer may establish a sliding scale of patient fees based upon a patient's household |
---|
513 | 513 | | 16.14income and may accept private donations to reduce patient fees. |
---|
514 | 514 | | 16.15Sec. 22. Minnesota Statutes 2024, section 152.37, is amended to read: |
---|
515 | 515 | | 16.16 152.37 FINANCIAL EXAMINATIONS; PRICING REVIEWS. |
---|
516 | 516 | | 16.17 Subdivision 1.Financial records.A medical cannabis manufacturer shall maintain |
---|
517 | 517 | | 16.18detailed financial records in a manner and format approved by the commissioner office, |
---|
518 | 518 | | 16.19and shall keep all records updated and accessible to the commissioner office when requested. |
---|
519 | 519 | | 16.20 Subd. 2.Certified annual audit.A medical cannabis manufacturer shall submit the |
---|
520 | 520 | | 16.21results of an annual certified financial audit to the commissioner office no later than May |
---|
521 | 521 | | 16.221 of each year for the calendar year beginning January 2015. The annual audit shall be |
---|
522 | 522 | | 16.23conducted by an independent certified public accountant and the costs of the audit are the |
---|
523 | 523 | | 16.24responsibility of the medical cannabis manufacturer. Results of the audit shall be provided |
---|
524 | 524 | | 16.25to the medical cannabis manufacturer and the commissioner office. The commissioner office |
---|
525 | 525 | | 16.26may also require another audit of the medical cannabis manufacturer by a certified public |
---|
526 | 526 | | 16.27accountant chosen by the commissioner office with the costs of the audit paid by the medical |
---|
527 | 527 | | 16.28cannabis manufacturer. |
---|
528 | 528 | | 16.29 Subd. 3.Power to examine.(a) The commissioner office or designee may examine the |
---|
529 | 529 | | 16.30business affairs and conditions of any medical cannabis manufacturer, including but not |
---|
530 | 530 | | 16.31limited to a review of the financing, budgets, revenues, sales, and pricing. |
---|
531 | 531 | | 16Sec. 22. |
---|
532 | 532 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 17.1 (b) An examination may cover the medical cannabis manufacturer's business affairs, |
---|
533 | 533 | | 17.2practices, and conditions including but not limited to a review of the financing, budgets, |
---|
534 | 534 | | 17.3revenues, sales, and pricing. The commissioner office shall determine the nature and scope |
---|
535 | 535 | | 17.4of each examination and in doing so shall take into account all available relevant factors |
---|
536 | 536 | | 17.5concerning the financial and business affairs, practices, and conditions of the examinee. |
---|
537 | 537 | | 17.6The costs incurred by the department in conducting an examination shall be paid for by the |
---|
538 | 538 | | 17.7medical cannabis manufacturer. |
---|
539 | 539 | | 17.8 (c) When making an examination under this section, the commissioner office may retain |
---|
540 | 540 | | 17.9attorneys, appraisers, independent economists, independent certified public accountants, or |
---|
541 | 541 | | 17.10other professionals and specialists as designees. A certified public accountant retained by |
---|
542 | 542 | | 17.11the commissioner office may not be the same certified public accountant providing the |
---|
543 | 543 | | 17.12certified annual audit in subdivision 2. |
---|
544 | 544 | | 17.13 (d) The commissioner office shall make a report of an examination conducted under this |
---|
545 | 545 | | 17.14section and provide a copy to the medical cannabis manufacturer. The commissioner office |
---|
546 | 546 | | 17.15shall then post a copy of the report on the department's website. All working papers, recorded |
---|
547 | 547 | | 17.16information, documents, and copies produced by, obtained by, or disclosed to the |
---|
548 | 548 | | 17.17commissioner office or any other person in the course of an examination, other than the |
---|
549 | 549 | | 17.18information contained in any commissioner office official report, made under this section |
---|
550 | 550 | | 17.19are private data on individuals or nonpublic data, as defined in section 13.02. |
---|
551 | 551 | | 17.20Sec. 23. Minnesota Statutes 2024, section 342.01, subdivision 9, is amended to read: |
---|
552 | 552 | | 17.21 Subd. 9.Bona fide labor organization."Bona fide labor organization" means a labor |
---|
553 | 553 | | 17.22union that represents or is actively seeking to represent cannabis workers. of: |
---|
554 | 554 | | 17.23 (1) a cannabis business; or |
---|
555 | 555 | | 17.24 (2) a lower-potency hemp edible manufacturer. |
---|
556 | 556 | | 17.25Sec. 24. Minnesota Statutes 2024, section 342.01, subdivision 47, is amended to read: |
---|
557 | 557 | | 17.26 Subd. 47.Labor peace agreement."Labor peace agreement" means an agreement |
---|
558 | 558 | | 17.27between a cannabis business and a bona fide labor organization or an agreement between |
---|
559 | 559 | | 17.28a lower-potency hemp edible manufacturer and a bona fide labor organization that protects |
---|
560 | 560 | | 17.29the state's interests by, at minimum, prohibiting the labor organization from engaging in |
---|
561 | 561 | | 17.30picketing, work stoppages, or boycotts against the cannabis business or lower-potency hemp |
---|
562 | 562 | | 17.31edible manufacturer. |
---|
563 | 563 | | 17Sec. 24. |
---|
564 | 564 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 18.1 Sec. 25. Minnesota Statutes 2024, section 342.01, subdivision 54, is amended to read: |
---|
565 | 565 | | 18.2 Subd. 54.Medical cannabis flower."Medical cannabis flower" means cannabis flower |
---|
566 | 566 | | 18.3provided to a patient enrolled in the registry program or a visiting patient; a registered |
---|
567 | 567 | | 18.4designated caregiver; or a parent, legal guardian, or spouse of an enrolled patient by a |
---|
568 | 568 | | 18.5registered designated caregiver, cannabis retailer, or cannabis business with a medical |
---|
569 | 569 | | 18.6cannabis retail endorsement to treat or alleviate the symptoms of a qualifying medical |
---|
570 | 570 | | 18.7condition. Medical cannabis flower does not include adult-use cannabis flower. |
---|
571 | 571 | | 18.8 Sec. 26. Minnesota Statutes 2024, section 342.01, is amended by adding a subdivision to |
---|
572 | 572 | | 18.9read: |
---|
573 | 573 | | 18.10 Subd. 54a.Medical cannabis paraphernalia."Medical cannabis paraphernalia" means |
---|
574 | 574 | | 18.11a delivery device, related supply, or educational material used by a patient enrolled in the |
---|
575 | 575 | | 18.12registry program to administer medical cannabis and medical cannabinoid products. |
---|
576 | 576 | | 18.13Sec. 27. Minnesota Statutes 2024, section 342.02, subdivision 3, is amended to read: |
---|
577 | 577 | | 18.14 Subd. 3.Medical cannabis program.(a) The powers and duties of the Department of |
---|
578 | 578 | | 18.15Health with respect to the medical cannabis program under Minnesota Statutes 2022, sections |
---|
579 | 579 | | 18.16152.22 to 152.37, are transferred to the Office of Cannabis Management under section |
---|
580 | 580 | | 18.1715.039. |
---|
581 | 581 | | 18.18 (b) The following protections shall apply to employees who are transferred from the |
---|
582 | 582 | | 18.19Department of Health to the Office of Cannabis Management: |
---|
583 | 583 | | 18.20 (1) the employment status and job classification of a transferred employee shall not be |
---|
584 | 584 | | 18.21altered as a result of the transfer; |
---|
585 | 585 | | 18.22 (2) transferred employees who were represented by an exclusive representative prior to |
---|
586 | 586 | | 18.23the transfer shall continue to be represented by the same exclusive representative after the |
---|
587 | 587 | | 18.24transfer; |
---|
588 | 588 | | 18.25 (3) the applicable collective bargaining agreements with exclusive representatives shall |
---|
589 | 589 | | 18.26continue in full force and effect for such transferred employees after the transfer; |
---|
590 | 590 | | 18.27 (4) the state must meet and negotiate with the exclusive representatives of the transferred |
---|
591 | 591 | | 18.28employees about any proposed changes affecting or relating to the transferred employees' |
---|
592 | 592 | | 18.29terms and conditions of employment to the extent such changes are not addressed in the |
---|
593 | 593 | | 18.30applicable collective bargaining agreement; and |
---|
594 | 594 | | 18Sec. 27. |
---|
595 | 595 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 19.1 (5) for an employee in a temporary unclassified position transferred to the Office of |
---|
596 | 596 | | 19.2Cannabis Management, the total length of time that the employee has served in the |
---|
597 | 597 | | 19.3appointment shall include all time served in the appointment and the transferring agency |
---|
598 | 598 | | 19.4and the time served in the appointment at the Office of Cannabis Management. An employee |
---|
599 | 599 | | 19.5in a temporary unclassified position who was hired by a transferring agency through an |
---|
600 | 600 | | 19.6open competitive selection process in accordance with a policy enacted by Minnesota |
---|
601 | 601 | | 19.7Management and Budget shall be considered to have been hired through such process after |
---|
602 | 602 | | 19.8the transfer. |
---|
603 | 603 | | 19.9 (c) This subdivision is effective July 1, 2024. |
---|
604 | 604 | | 19.10Sec. 28. Minnesota Statutes 2024, section 342.12, is amended to read: |
---|
605 | 605 | | 19.11 342.12 LICENSES; TRANSFERS; ADJUSTMENTS. |
---|
606 | 606 | | 19.12 (a) Licenses issued under this chapter that are available to all applicants pursuant to |
---|
607 | 607 | | 19.13section 342.14, subdivision 1b, paragraph (c), may be freely transferred subject to the prior |
---|
608 | 608 | | 19.14written approval of the office unless the license holder has not received a final site inspection |
---|
609 | 609 | | 19.15or the license holder is a social equity applicant. |
---|
610 | 610 | | 19.16 (b) Licenses issued as social equity licenses pursuant to either section 342.14, subdivision |
---|
611 | 611 | | 19.171b, paragraph (b), or section 342.175, paragraph (b), may only be transferred to another |
---|
612 | 612 | | 19.18social equity applicant for three years after the date on which the office issues the license. |
---|
613 | 613 | | 19.19Three years after the date of issuance, a license holder may transfer a license to any entity. |
---|
614 | 614 | | 19.20Transfer of a license that was issued as a social equity license must be reviewed by the |
---|
615 | 615 | | 19.21Division of Social Equity and is subject to the prior written approval of the office. |
---|
616 | 616 | | 19.22 (c) Preliminary license preapproval approval issued pursuant to section 342.125 342.14, |
---|
617 | 617 | | 19.23subdivision 5, may not be transferred. |
---|
618 | 618 | | 19.24 (d) A new license must be obtained when: |
---|
619 | 619 | | 19.25 (1) the form of the licensee's legal business structure converts or changes to a different |
---|
620 | 620 | | 19.26type of legal business structure; or |
---|
621 | 621 | | 19.27 (2) the licensee dissolves; consolidates; reorganizes; undergoes bankruptcy, insolvency, |
---|
622 | 622 | | 19.28or receivership proceedings; merges with another legal organization; or assigns all or |
---|
623 | 623 | | 19.29substantially all of its assets for the benefit of creditors. |
---|
624 | 624 | | 19.30 (e) Licenses must be renewed annually. |
---|
625 | 625 | | 19.31 (f) License holders may petition the office to adjust the tier of a license issued within a |
---|
626 | 626 | | 19.32license category if the license holder meets all applicable requirements. |
---|
627 | 627 | | 19Sec. 28. |
---|
628 | 628 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 20.1 (g) The office by rule may permit the relocation of a licensed cannabis business; permit |
---|
629 | 629 | | 20.2the relocation of an approved operational location, including a cultivation, manufacturing, |
---|
630 | 630 | | 20.3processing, or retail location; adopt requirements for the submission of a license relocation |
---|
631 | 631 | | 20.4application; establish standards for the approval of a relocation application; and charge a |
---|
632 | 632 | | 20.5fee not to exceed $250 for reviewing and processing applications. Relocation of a licensed |
---|
633 | 633 | | 20.6premises pursuant to this paragraph does not extend or otherwise modify the license term |
---|
634 | 634 | | 20.7of the license subject to relocation. |
---|
635 | 635 | | 20.8 Sec. 29. Minnesota Statutes 2024, section 342.14, subdivision 3, is amended to read: |
---|
636 | 636 | | 20.9 Subd. 3.Review.(a) After an applicant submits an application that contains all required |
---|
637 | 637 | | 20.10information and pays the applicable licensing application fee, the office must review the |
---|
638 | 638 | | 20.11application. |
---|
639 | 639 | | 20.12 (b) The office may deny an application if: |
---|
640 | 640 | | 20.13 (1) the application is incomplete; |
---|
641 | 641 | | 20.14 (2) the application contains a materially false statement about the applicant or omits |
---|
642 | 642 | | 20.15information required under subdivision 1; |
---|
643 | 643 | | 20.16 (3) the applicant does not meet the qualifications under section 342.16; |
---|
644 | 644 | | 20.17 (4) the applicant is prohibited from holding the license under section 342.18, subdivision |
---|
645 | 645 | | 20.182; |
---|
646 | 646 | | 20.19 (5) the application does not meet the minimum requirements under section 342.18, |
---|
647 | 647 | | 20.20subdivision 3; |
---|
648 | 648 | | 20.21 (6) the applicant fails to pay the applicable application fee; |
---|
649 | 649 | | 20.22 (7) the application was not submitted by the application deadline; |
---|
650 | 650 | | 20.23 (8) the applicant submitted more than one application for a license type; or |
---|
651 | 651 | | 20.24 (9) the office determines that the applicant would be prohibited from holding a license |
---|
652 | 652 | | 20.25for any other reason. |
---|
653 | 653 | | 20.26 (c) If the office denies an application, the office must notify the applicant of the denial |
---|
654 | 654 | | 20.27and the basis for the denial. |
---|
655 | 655 | | 20.28 (d) The office may request additional information from any applicant if the office |
---|
656 | 656 | | 20.29determines that the information is necessary to review or process the application. If the |
---|
657 | 657 | | 20.30applicant does not provide the additional requested information within 14 calendar days of |
---|
658 | 658 | | 20.31the office's request for information, the office may deny the application. |
---|
659 | 659 | | 20Sec. 29. |
---|
660 | 660 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 21.1 (e) An applicant whose application is not denied under this subdivision is a qualified |
---|
661 | 661 | | 21.2applicant. |
---|
662 | 662 | | 21.3 Sec. 30. Minnesota Statutes 2024, section 342.14, subdivision 6, is amended to read: |
---|
663 | 663 | | 21.4 Subd. 6.Completed application; final authorization; issuance of license.(a) Within |
---|
664 | 664 | | 21.518 months of receiving notice of preliminary license approval, an applicant must provide: |
---|
665 | 665 | | 21.6 (1) the address and legal property description of the location where the business will |
---|
666 | 666 | | 21.7operate; |
---|
667 | 667 | | 21.8 (2) the name of the local unit of government where the business will be located; and |
---|
668 | 668 | | 21.9 (3) if applicable, an updated description of the location where the business will operate, |
---|
669 | 669 | | 21.10an updated security plan, and any other additional information required by the office. |
---|
670 | 670 | | 21.11 (b) Upon receipt of the information required under paragraph (a) from an applicant that |
---|
671 | 671 | | 21.12has received preliminary license approval, the office must: |
---|
672 | 672 | | 21.13 (1) forward a copy of the application to the local unit of government in which the business |
---|
673 | 673 | | 21.14operates or intends to operate with a form for certification as to whether a proposed cannabis |
---|
674 | 674 | | 21.15business complies with local zoning ordinances and, if applicable, whether the proposed |
---|
675 | 675 | | 21.16business complies with the state fire code and building code; |
---|
676 | 676 | | 21.17 (2) schedule a site inspection; and |
---|
677 | 677 | | 21.18 (3) require the applicant to pay the applicable license fee. |
---|
678 | 678 | | 21.19 (c) The office may deny final authorization if: |
---|
679 | 679 | | 21.20 (1) an applicant fails to submit any required information; |
---|
680 | 680 | | 21.21 (2) the applicant submits a materially false statement about the applicant or fails to |
---|
681 | 681 | | 21.22provide any required information; |
---|
682 | 682 | | 21.23 (3) the office confirms that the cannabis business for which the office granted a |
---|
683 | 683 | | 21.24preliminary license preapproval approval does not meet local zoning and land use laws; |
---|
684 | 684 | | 21.25 (4) the applicant fails to pay the applicable license fee; or |
---|
685 | 685 | | 21.26 (5) the office determines that the applicant is disqualified from holding the license or |
---|
686 | 686 | | 21.27would operate in violation of the provisions of this chapter. |
---|
687 | 687 | | 21.28 (d) Within 90 days of receiving the information required under paragraph (a) and the |
---|
688 | 688 | | 21.29results of any required background check, the office shall grant final authorization and issue |
---|
689 | 689 | | 21Sec. 30. |
---|
690 | 690 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 22.1the appropriate license or send the applicant a notice of rejection setting forth specific |
---|
691 | 691 | | 22.2reasons that the office did not approve the application. |
---|
692 | 692 | | 22.3 Sec. 31. Minnesota Statutes 2024, section 342.151, subdivision 2, is amended to read: |
---|
693 | 693 | | 22.4 Subd. 2.Criminal history check.A license holder cannabis business may employ or |
---|
694 | 694 | | 22.5contract with as many unlicensed individuals as may be necessary, provided that the license |
---|
695 | 695 | | 22.6holder cannabis business is at all times accountable for the good conduct of every individual |
---|
696 | 696 | | 22.7employed by or contracted with the license holder cannabis business. Before hiring an |
---|
697 | 697 | | 22.8individual as a cannabis worker, the license holder cannabis business must submit to the |
---|
698 | 698 | | 22.9Bureau of Criminal Apprehension the individual's full set of fingerprints and written consent |
---|
699 | 699 | | 22.10for the bureau to conduct a state and national criminal history check. The bureau may |
---|
700 | 700 | | 22.11exchange an individual's fingerprints with the Federal Bureau of Investigation. The Bureau |
---|
701 | 701 | | 22.12of Criminal Apprehension must determine whether the individual is qualified to be employed |
---|
702 | 702 | | 22.13as a cannabis worker and must notify the license holder cannabis business of the bureau's |
---|
703 | 703 | | 22.14determination. The license holder cannabis business must not employ an individual who is |
---|
704 | 704 | | 22.15disqualified from being employed as a cannabis worker. |
---|
705 | 705 | | 22.16Sec. 32. Minnesota Statutes 2024, section 342.151, subdivision 3, is amended to read: |
---|
706 | 706 | | 22.17 Subd. 3.Disqualification.(a) A license holder cannabis business must not employ an |
---|
707 | 707 | | 22.18individual as a cannabis worker if the individual has been convicted of any of the following |
---|
708 | 708 | | 22.19crimes that would constitute a felony: |
---|
709 | 709 | | 22.20 (1) human trafficking; |
---|
710 | 710 | | 22.21 (2) noncannabis controlled substance crimes in the first or second degree; |
---|
711 | 711 | | 22.22 (3) labor trafficking; |
---|
712 | 712 | | 22.23 (4) fraud; |
---|
713 | 713 | | 22.24 (5) embezzlement; |
---|
714 | 714 | | 22.25 (6) extortion; |
---|
715 | 715 | | 22.26 (7) money laundering; or |
---|
716 | 716 | | 22.27 (8) insider trading; |
---|
717 | 717 | | 22.28if committed in this state or any other jurisdiction for which a full pardon or similar relief |
---|
718 | 718 | | 22.29has not been granted. |
---|
719 | 719 | | 22Sec. 32. |
---|
720 | 720 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 23.1 (b) A license holder cannabis business must not employ an individual as a cannabis |
---|
721 | 721 | | 23.2worker if the individual made any false statement in an application for employment. |
---|
722 | 722 | | 23.3 Sec. 33. Minnesota Statutes 2024, section 342.22, subdivision 3, is amended to read: |
---|
723 | 723 | | 23.4 Subd. 3.Issuance of registration.(a) A local unit of government shall issue a retail |
---|
724 | 724 | | 23.5registration to a cannabis microbusiness with a retail operations endorsement, cannabis |
---|
725 | 725 | | 23.6mezzobusiness with a retail operations endorsement, cannabis retailer, medical cannabis |
---|
726 | 726 | | 23.7combination business operating a retail location, or lower-potency hemp edible retailer that: |
---|
727 | 727 | | 23.8 (1) has a valid license or preliminary license preapproval approval issued by the office; |
---|
728 | 728 | | 23.9 (2) has paid the registration fee or renewal fee pursuant to subdivision 2; |
---|
729 | 729 | | 23.10 (3) is found to be in compliance with the requirements of this chapter at any preliminary |
---|
730 | 730 | | 23.11compliance check that the local unit of government performs; and |
---|
731 | 731 | | 23.12 (4) if applicable, is current on all property taxes and assessments at the location where |
---|
732 | 732 | | 23.13the retail establishment is located. |
---|
733 | 733 | | 23.14 (b) Before issuing a retail registration, the local unit of government may conduct a |
---|
734 | 734 | | 23.15preliminary compliance check to ensure that the cannabis business or hemp business is in |
---|
735 | 735 | | 23.16compliance with any applicable local ordinance established pursuant to section 342.13. |
---|
736 | 736 | | 23.17 (c) A local unit of government shall renew the retail registration of a cannabis business |
---|
737 | 737 | | 23.18or hemp business when the office renews the license of the cannabis business or hemp |
---|
738 | 738 | | 23.19business. |
---|
739 | 739 | | 23.20 (d) A retail registration issued under this section may not be transferred. |
---|
740 | 740 | | 23.21Sec. 34. Minnesota Statutes 2024, section 342.28, subdivision 1, is amended to read: |
---|
741 | 741 | | 23.22 Subdivision 1.Authorized actions.A cannabis microbusiness license, consistent with |
---|
742 | 742 | | 23.23the specific license endorsement or endorsements, entitles the license holder to perform any |
---|
743 | 743 | | 23.24or all of the following within the limits established by this section: |
---|
744 | 744 | | 23.25 (1) grow cannabis plants from seed or immature plant to mature plant and harvest |
---|
745 | 745 | | 23.26cannabis flower from a mature plant; |
---|
746 | 746 | | 23.27 (2) make cannabis concentrate; |
---|
747 | 747 | | 23.28 (3) make hemp concentrate, including hemp concentrate with a delta-9 |
---|
748 | 748 | | 23.29tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; |
---|
749 | 749 | | 23.30 (4) manufacture artificially derived cannabinoids; |
---|
750 | 750 | | 23Sec. 34. |
---|
751 | 751 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 24.1 (5) manufacture adult-use cannabis products, lower-potency hemp edibles, and |
---|
752 | 752 | | 24.2hemp-derived consumer products for public consumption; |
---|
753 | 753 | | 24.3 (6) purchase immature cannabis plants and seedlings and, cannabis flower, cannabis |
---|
754 | 754 | | 24.4products, lower-potency hemp edibles, and hemp-derived consumer products from another |
---|
755 | 755 | | 24.5cannabis microbusiness, a cannabis mezzobusiness, a cannabis cultivator, a cannabis |
---|
756 | 756 | | 24.6manufacturer, or a cannabis wholesaler, or a lower-potency hemp edible manufacturer; |
---|
757 | 757 | | 24.7 (7) purchase hemp plant parts and propagules from an industrial hemp grower licensed |
---|
758 | 758 | | 24.8under chapter 18K; |
---|
759 | 759 | | 24.9 (8) purchase hemp concentrate from an industrial hemp processor licensed under chapter |
---|
760 | 760 | | 24.1018K; |
---|
761 | 761 | | 24.11 (9) purchase cannabis concentrate, hemp concentrate, and artificially derived cannabinoids |
---|
762 | 762 | | 24.12from another cannabis microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, |
---|
763 | 763 | | 24.13or a cannabis wholesaler for use in manufacturing adult-use cannabis products, lower-potency |
---|
764 | 764 | | 24.14hemp edibles, or hemp-derived consumer products; |
---|
765 | 765 | | 24.15 (10) package and label adult-use cannabis flower, adult-use cannabis products, |
---|
766 | 766 | | 24.16lower-potency hemp edibles, and hemp-derived consumer products for sale to customers; |
---|
767 | 767 | | 24.17 (11) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use |
---|
768 | 768 | | 24.18cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and |
---|
769 | 769 | | 24.19other products authorized by law to other cannabis businesses and to customers; |
---|
770 | 770 | | 24.20 (12) operate an establishment that permits on-site consumption of edible cannabis |
---|
771 | 771 | | 24.21products and lower-potency hemp edibles; and |
---|
772 | 772 | | 24.22 (13) perform other actions approved by the office. |
---|
773 | 773 | | 24.23Sec. 35. Minnesota Statutes 2024, section 342.28, subdivision 8, is amended to read: |
---|
774 | 774 | | 24.24 Subd. 8.Production of customer consumer products endorsement.A cannabis |
---|
775 | 775 | | 24.25microbusiness that manufactures edible cannabis products, lower-potency hemp products, |
---|
776 | 776 | | 24.26or hemp-derived consumer products must comply with the requirements in section 342.26, |
---|
777 | 777 | | 24.27subdivisions 2 and 4. |
---|
778 | 778 | | 24.28Sec. 36. Minnesota Statutes 2024, section 342.29, subdivision 1, is amended to read: |
---|
779 | 779 | | 24.29 Subdivision 1.Authorized actions.A cannabis mezzobusiness license, consistent with |
---|
780 | 780 | | 24.30the specific license endorsement or endorsements, entitles the license holder to perform any |
---|
781 | 781 | | 24.31or all of the following within the limits established by this section: |
---|
782 | 782 | | 24Sec. 36. |
---|
783 | 783 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 25.1 (1) grow cannabis plants from seed or immature plant to mature plant and harvest |
---|
784 | 784 | | 25.2cannabis flower from a mature plant for use as adult-use cannabis flower or for use in |
---|
785 | 785 | | 25.3adult-use cannabis products; |
---|
786 | 786 | | 25.4 (2) grow cannabis plants from seed or immature plant to mature plant and harvest |
---|
787 | 787 | | 25.5cannabis flower from a mature plant for use as medical cannabis flower or for use in medical |
---|
788 | 788 | | 25.6cannabinoid products; |
---|
789 | 789 | | 25.7 (3) make cannabis concentrate; |
---|
790 | 790 | | 25.8 (4) make hemp concentrate, including hemp concentrate with a delta-9 |
---|
791 | 791 | | 25.9tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; |
---|
792 | 792 | | 25.10 (5) manufacture artificially derived cannabinoids; |
---|
793 | 793 | | 25.11 (6) manufacture adult-use cannabis products, lower-potency hemp edibles, and |
---|
794 | 794 | | 25.12hemp-derived consumer products for public consumption; |
---|
795 | 795 | | 25.13 (7) process medical cannabinoid products; |
---|
796 | 796 | | 25.14 (8) purchase immature cannabis plants and seedlings and, cannabis flower, cannabis |
---|
797 | 797 | | 25.15products, lower-potency hemp edibles, and hemp-derived consumer products from a cannabis |
---|
798 | 798 | | 25.16microbusiness, another cannabis mezzobusiness, a cannabis cultivator, a cannabis |
---|
799 | 799 | | 25.17manufacturer, or a cannabis wholesaler, or a lower-potency hemp edible manufacturer; |
---|
800 | 800 | | 25.18 (9) purchase cannabis concentrate, hemp concentrate, and synthetically artificially derived |
---|
801 | 801 | | 25.19cannabinoids from a cannabis microbusiness, another cannabis mezzobusiness, a cannabis |
---|
802 | 802 | | 25.20manufacturer, or a cannabis wholesaler for use in manufacturing adult-use cannabis products, |
---|
803 | 803 | | 25.21lower-potency hemp edibles, or hemp-derived consumer products; |
---|
804 | 804 | | 25.22 (10) purchase hemp plant parts and propagules from a licensed hemp grower licensed |
---|
805 | 805 | | 25.23under chapter 18K; |
---|
806 | 806 | | 25.24 (11) purchase hemp concentrate from an industrial hemp processor licensed under chapter |
---|
807 | 807 | | 25.2518K; |
---|
808 | 808 | | 25.26 (12) package and label adult-use cannabis flower, adult-use cannabis products, |
---|
809 | 809 | | 25.27lower-potency hemp edibles, and hemp-derived consumer products for sale to customers; |
---|
810 | 810 | | 25.28 (13) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use |
---|
811 | 811 | | 25.29cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and |
---|
812 | 812 | | 25.30other products authorized by law to other cannabis businesses and to customers; and |
---|
813 | 813 | | 25.31 (14) perform other actions approved by the office. |
---|
814 | 814 | | 25Sec. 36. |
---|
815 | 815 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 26.1 Sec. 37. Minnesota Statutes 2024, section 342.29, subdivision 7, is amended to read: |
---|
816 | 816 | | 26.2 Subd. 7.Production of customer consumer products endorsement.A cannabis |
---|
817 | 817 | | 26.3mezzobusiness that manufactures edible cannabis products, lower-potency hemp products, |
---|
818 | 818 | | 26.4or hemp-derived consumer products must comply with the requirements in section 342.26, |
---|
819 | 819 | | 26.5subdivisions 2 and 4. |
---|
820 | 820 | | 26.6 Sec. 38. Minnesota Statutes 2024, section 342.30, subdivision 1, is amended to read: |
---|
821 | 821 | | 26.7 Subdivision 1.Authorized actions.A cannabis cultivator license entitles the license |
---|
822 | 822 | | 26.8holder to: |
---|
823 | 823 | | 26.9 (1) grow cannabis plants within the approved amount of space from seed or immature |
---|
824 | 824 | | 26.10plant to mature plant,; |
---|
825 | 825 | | 26.11 (2) harvest cannabis flower from a mature plant,; |
---|
826 | 826 | | 26.12 (3) package and label immature cannabis plants and seedlings and cannabis flower for |
---|
827 | 827 | | 26.13sale to other cannabis businesses,; |
---|
828 | 828 | | 26.14 (4) sell immature cannabis plants and seedlings and cannabis flower to other cannabis |
---|
829 | 829 | | 26.15businesses; |
---|
830 | 830 | | 26.16 (5) transport cannabis flower to a cannabis manufacturer located on the same premises,; |
---|
831 | 831 | | 26.17and |
---|
832 | 832 | | 26.18 (6) perform other actions approved by the office. |
---|
833 | 833 | | 26.19Sec. 39. Minnesota Statutes 2024, section 342.33, subdivision 1, is amended to read: |
---|
834 | 834 | | 26.20 Subdivision 1.Authorized actions.A cannabis wholesaler license entitles the license |
---|
835 | 835 | | 26.21holder to: |
---|
836 | 836 | | 26.22 (1) purchase immature cannabis plants and seedlings, cannabis flower, cannabis products, |
---|
837 | 837 | | 26.23lower-potency hemp edibles, and hemp-derived consumer products from cannabis |
---|
838 | 838 | | 26.24microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, |
---|
839 | 839 | | 26.25and cannabis microbusinesses lower-potency hemp edible manufacturers; |
---|
840 | 840 | | 26.26 (2) purchase hemp plant parts and propagules from industrial hemp growers licensed |
---|
841 | 841 | | 26.27under chapter 18K; |
---|
842 | 842 | | 26.28 (3) purchase hemp concentrate from an industrial hemp processor licensed under chapter |
---|
843 | 843 | | 26.2918K; |
---|
844 | 844 | | 26Sec. 39. |
---|
845 | 845 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 27.1 (4) sell immature cannabis plants and seedlings, cannabis flower, cannabis products, |
---|
846 | 846 | | 27.2lower-potency hemp edibles, and hemp-derived consumer products to cannabis |
---|
847 | 847 | | 27.3microbusinesses, cannabis mezzobusinesses, cannabis manufacturers, and cannabis retailers; |
---|
848 | 848 | | 27.4 (5) sell lower-potency hemp edibles to lower-potency hemp edible retailers; |
---|
849 | 849 | | 27.5 (6) import hemp-derived consumer products and lower-potency hemp edibles that contain |
---|
850 | 850 | | 27.6hemp concentrate or artificially derived cannabinoids that are derived from hemp plants or |
---|
851 | 851 | | 27.7hemp plant parts; and |
---|
852 | 852 | | 27.8 (7) perform other actions approved by the office. |
---|
853 | 853 | | 27.9 Sec. 40. Minnesota Statutes 2024, section 342.44, subdivision 1, is amended to read: |
---|
854 | 854 | | 27.10 Subdivision 1.Application; contents.(a) Except as otherwise provided in this |
---|
855 | 855 | | 27.11subdivision, the provisions of this chapter relating to license applications, license selection |
---|
856 | 856 | | 27.12criteria, general ownership disqualifications and requirements, and general operational |
---|
857 | 857 | | 27.13requirements do not apply to hemp businesses. |
---|
858 | 858 | | 27.14 (b) The office, by rule, shall establish forms and procedures for the processing of hemp |
---|
859 | 859 | | 27.15licenses issued under this chapter. At a minimum, any application to obtain or renew a hemp |
---|
860 | 860 | | 27.16license shall include the following information, if applicable: |
---|
861 | 861 | | 27.17 (1) the name, address, and date of birth of the applicant; |
---|
862 | 862 | | 27.18 (2) the address and legal property description of the business; |
---|
863 | 863 | | 27.19 (3) proof of trade name registration; |
---|
864 | 864 | | 27.20 (4) certification that the applicant will comply with the requirements of this chapter |
---|
865 | 865 | | 27.21relating to the ownership and operation of a hemp business; |
---|
866 | 866 | | 27.22 (5) identification of one or more controlling persons or managerial employees as agents |
---|
867 | 867 | | 27.23who shall be responsible for dealing with the office on all matters; and |
---|
868 | 868 | | 27.24 (6) a statement that the applicant agrees to respond to the office's supplemental requests |
---|
869 | 869 | | 27.25for information. |
---|
870 | 870 | | 27.26 (c) An applicant for a lower-potency hemp edible manufacturer license must submit an |
---|
871 | 871 | | 27.27attestation signed by a bona fide labor organization stating that the applicant has entered |
---|
872 | 872 | | 27.28into a labor peace agreement. |
---|
873 | 873 | | 27.29 (d) An application on behalf of a corporation or association shall be signed by at least |
---|
874 | 874 | | 27.30two officers or managing agents of that entity. |
---|
875 | 875 | | 27Sec. 40. |
---|
876 | 876 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 28.1 Sec. 41. Minnesota Statutes 2024, section 342.46, subdivision 6, is amended to read: |
---|
877 | 877 | | 28.2 Subd. 6.Compliant products.(a) A lower-potency hemp edible retailer shall ensure |
---|
878 | 878 | | 28.3that all lower-potency hemp edibles offered for sale comply with the limits on the amount |
---|
879 | 879 | | 28.4and types of cannabinoids that a lower-potency hemp edible can contain, including but not |
---|
880 | 880 | | 28.5limited to the requirement that lower-potency hemp edibles: |
---|
881 | 881 | | 28.6 (1) consist of servings that contain no more than five milligrams of delta-9 |
---|
882 | 882 | | 28.7tetrahydrocannabinol, no more than 25 milligrams of cannabidiol, no more than 25 milligrams |
---|
883 | 883 | | 28.8of cannabigerol, or any combination of those cannabinoids that does not exceed the identified |
---|
884 | 884 | | 28.9amounts; |
---|
885 | 885 | | 28.10 (2) do not contain more than a combined total of 0.5 milligrams of all other cannabinoids |
---|
886 | 886 | | 28.11per serving; and |
---|
887 | 887 | | 28.12 (3) do not contain an artificially derived cannabinoid other than delta-9 |
---|
888 | 888 | | 28.13tetrahydrocannabinol. |
---|
889 | 889 | | 28.14 (b) If a lower-potency hemp edible is packaged in a manner that includes more than a |
---|
890 | 890 | | 28.15single serving, the lower-potency hemp edible must indicate each serving by scoring, |
---|
891 | 891 | | 28.16wrapping, or other indicators that appear on the lower-potency hemp edible designating the |
---|
892 | 892 | | 28.17individual serving size. If it is not possible to indicate a single serving by scoring or use of |
---|
893 | 893 | | 28.18another indicator that appears on the product, the lower-potency hemp edible may not be |
---|
894 | 894 | | 28.19packaged in a manner that includes more than a single serving in each container, except |
---|
895 | 895 | | 28.20that a calibrated dropper, measuring spoon, or similar device for measuring a single serving |
---|
896 | 896 | | 28.21may be used for any edible cannabinoid products that are intended to be combined with |
---|
897 | 897 | | 28.22food or beverage products prior to consumption. If the lower-potency hemp edible is meant |
---|
898 | 898 | | 28.23to be consumed as a beverage, the beverage container may not contain more than two |
---|
899 | 899 | | 28.24servings per container. If the lower-potency hemp edible is meant to be consumed as a |
---|
900 | 900 | | 28.25beverage, the beverage container must not contain more than two servings. |
---|
901 | 901 | | 28.26 (c) Notwithstanding paragraph (b), any edible cannabinoid products that are intended |
---|
902 | 902 | | 28.27to be combined with food or beverage products before consumption must indicate a single |
---|
903 | 903 | | 28.28serving using one of the following methods: |
---|
904 | 904 | | 28.29 (1) the product is packaged in individual servings; |
---|
905 | 905 | | 28.30 (2) the product indicates a single serving by scoring or use of another indicator that |
---|
906 | 906 | | 28.31appears on the product; or |
---|
907 | 907 | | 28.32 (3) the product is sold with a calibrated dropper, measuring spoon, or similar device for |
---|
908 | 908 | | 28.33measuring a single serving. |
---|
909 | 909 | | 28Sec. 41. |
---|
910 | 910 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 29.1 (c) (d) A single package containing multiple servings of a lower-potency hemp edible |
---|
911 | 911 | | 29.2must contain no more than 50 milligrams of delta-9 tetrahydrocannabinol, 250 milligrams |
---|
912 | 912 | | 29.3of cannabidiol, 250 milligrams of cannabigerol, or any combination of those cannabinoids |
---|
913 | 913 | | 29.4that does not exceed the identified amounts. |
---|
914 | 914 | | 29.5 Sec. 42. Minnesota Statutes 2024, section 342.52, is amended by adding a subdivision to |
---|
915 | 915 | | 29.6read: |
---|
916 | 916 | | 29.7 Subd. 7a.Allowable delivery methods.A patient in the registry program may receive |
---|
917 | 917 | | 29.8medical cannabis flower and medical cannabinoid products. The office may approve |
---|
918 | 918 | | 29.9additional delivery methods to expand the types of products that qualify as medical |
---|
919 | 919 | | 29.10cannabinoid products. |
---|
920 | 920 | | 29.11Sec. 43. Minnesota Statutes 2024, section 342.57, subdivision 2, is amended to read: |
---|
921 | 921 | | 29.12 Subd. 2.Criminal and civil protections.(a) Subject to section 342.56, the following |
---|
922 | 922 | | 29.13are not violations of this chapter or chapter 152: |
---|
923 | 923 | | 29.14 (1) use or possession of medical cannabis flower, medical cannabinoid products, or |
---|
924 | 924 | | 29.15medical cannabis paraphernalia by a patient enrolled in the registry program or by a visiting |
---|
925 | 925 | | 29.16patient to whom medical cannabis flower or medical cannabinoid products are distributed |
---|
926 | 926 | | 29.17under section 342.51, subdivision 5; |
---|
927 | 927 | | 29.18 (2) possession of medical cannabis flower, medical cannabinoid products, or medical |
---|
928 | 928 | | 29.19cannabis paraphernalia by a registered designated caregiver or a parent, legal guardian, or |
---|
929 | 929 | | 29.20spouse of a patient enrolled in the registry program; or |
---|
930 | 930 | | 29.21 (3) possession of medical cannabis flower, medical cannabinoid products, or medical |
---|
931 | 931 | | 29.22cannabis paraphernalia by any person while carrying out duties required under sections |
---|
932 | 932 | | 29.23342.51 to 342.60. |
---|
933 | 933 | | 29.24 (b) The Office of Cannabis Management, members of the Cannabis Advisory Council, |
---|
934 | 934 | | 29.25Office of Cannabis Management employees, agents or contractors of the Office of Cannabis |
---|
935 | 935 | | 29.26Management, and health care practitioners participating in the registry program are not |
---|
936 | 936 | | 29.27subject to any civil penalties or disciplinary action by the Board of Medical Practice, the |
---|
937 | 937 | | 29.28Board of Nursing, or any business, occupational, or professional licensing board or entity |
---|
938 | 938 | | 29.29solely for participating in the registry program either in a professional capacity or as a |
---|
939 | 939 | | 29.30patient. A pharmacist licensed under chapter 151 is not subject to any civil penalties or |
---|
940 | 940 | | 29.31disciplinary action by the Board of Pharmacy when acting in accordance with sections |
---|
941 | 941 | | 29Sec. 43. |
---|
942 | 942 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 30.1342.51 to 342.60 either in a professional capacity or as a patient. Nothing in this section |
---|
943 | 943 | | 30.2prohibits a professional licensing board from taking action in response to a violation of law. |
---|
944 | 944 | | 30.3 (c) Notwithstanding any law to the contrary, a Cannabis Advisory Council member, the |
---|
945 | 945 | | 30.4governor, or an employee of a state agency must not be held civilly or criminally liable for |
---|
946 | 946 | | 30.5any injury, loss of property, personal injury, or death caused by any act or omission while |
---|
947 | 947 | | 30.6acting within the scope of office or employment under sections 342.51 to 342.60. |
---|
948 | 948 | | 30.7 (d) Federal, state, and local law enforcement authorities are prohibited from accessing |
---|
949 | 949 | | 30.8the registry except when acting pursuant to a valid search warrant. Notwithstanding section |
---|
950 | 950 | | 30.913.09, a violation of this paragraph is a gross misdemeanor. |
---|
951 | 951 | | 30.10 (e) Notwithstanding any law to the contrary, the office and employees of the office must |
---|
952 | 952 | | 30.11not release data or information about an individual contained in any report or document or |
---|
953 | 953 | | 30.12in the registry and must not release data or information obtained about a patient enrolled in |
---|
954 | 954 | | 30.13the registry program, except as provided in sections 342.51 to 342.60. Notwithstanding |
---|
955 | 955 | | 30.14section 13.09, a violation of this paragraph is a gross misdemeanor. |
---|
956 | 956 | | 30.15 (f) No information contained in a report or document, contained in the registry, or |
---|
957 | 957 | | 30.16obtained from a patient under sections 342.51 to 342.60 may be admitted as evidence in a |
---|
958 | 958 | | 30.17criminal proceeding, unless: |
---|
959 | 959 | | 30.18 (1) the information is independently obtained; or |
---|
960 | 960 | | 30.19 (2) admission of the information is sought in a criminal proceeding involving a criminal |
---|
961 | 961 | | 30.20violation of sections 342.51 to 342.60. |
---|
962 | 962 | | 30.21 (g) Possession of a registry verification or an application for enrollment in the registry |
---|
963 | 963 | | 30.22program: |
---|
964 | 964 | | 30.23 (1) does not constitute probable cause or reasonable suspicion; |
---|
965 | 965 | | 30.24 (2) must not be used to support a search of the person or property of the person with a |
---|
966 | 966 | | 30.25registry verification or application to enroll in the registry program; and |
---|
967 | 967 | | 30.26 (3) must not subject the person or the property of the person to inspection by any |
---|
968 | 968 | | 30.27government agency. |
---|
969 | 969 | | 30.28Sec. 44. Minnesota Statutes 2024, section 342.59, subdivision 2, is amended to read: |
---|
970 | 970 | | 30.29 Subd. 2.Allowable use; prohibited use.Data specified in subdivision 1 may be used |
---|
971 | 971 | | 30.30to comply with chapter 13, to comply with a request from the legislative auditor or the state |
---|
972 | 972 | | 30.31auditor in the performance of official duties, and for purposes specified in sections 342.47 |
---|
973 | 973 | | 30.32342.51 to 342.60. Data specified in subdivision 1 and maintained by the Office of Cannabis |
---|
974 | 974 | | 30Sec. 44. |
---|
975 | 975 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 31.1Management or Division of Medical Cannabis must not be used for any purpose not specified |
---|
976 | 976 | | 31.2in sections 342.47 342.51 to 342.60 and must not be combined or linked in any manner |
---|
977 | 977 | | 31.3with any other list, dataset, or database. Data specified in subdivision 1 must not be shared |
---|
978 | 978 | | 31.4with any federal agency, federal department, or federal entity unless specifically ordered |
---|
979 | 979 | | 31.5to do so by a state or federal court. |
---|
980 | 980 | | 31.6 Sec. 45. Minnesota Statutes 2024, section 342.61, subdivision 4, is amended to read: |
---|
981 | 981 | | 31.7 Subd. 4.Testing of samples; disclosures.(a) On a schedule determined by the office, |
---|
982 | 982 | | 31.8every cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis |
---|
983 | 983 | | 31.9manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency |
---|
984 | 984 | | 31.10hemp edible manufacturer, or medical cannabis combination business shall make each batch |
---|
985 | 985 | | 31.11of cannabis flower, cannabis products, artificially derived cannabinoids, lower-potency |
---|
986 | 986 | | 31.12hemp edibles, or hemp-derived consumer products grown, manufactured, or imported by |
---|
987 | 987 | | 31.13the cannabis business or hemp business available to a cannabis testing facility. |
---|
988 | 988 | | 31.14 (b) A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis |
---|
989 | 989 | | 31.15manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency |
---|
990 | 990 | | 31.16hemp edible manufacturer, or medical cannabis combination business must disclose all |
---|
991 | 991 | | 31.17known information regarding pesticides, fertilizers, solvents, or other foreign materials, |
---|
992 | 992 | | 31.18including but not limited to catalysts used in creating artificially derived cannabinoids, |
---|
993 | 993 | | 31.19applied or added to the batch of cannabis flower, cannabis products, artificially derived |
---|
994 | 994 | | 31.20cannabinoids, lower-potency hemp edibles, or hemp-derived consumer products subject to |
---|
995 | 995 | | 31.21testing. Disclosure must be made to the cannabis testing facility and must include information |
---|
996 | 996 | | 31.22about all applications by any person, whether intentional or accidental. |
---|
997 | 997 | | 31.23 (c) The A cannabis testing facility business shall select one or more representative |
---|
998 | 998 | | 31.24samples from each batch, test the samples for the presence of contaminants, and test the |
---|
999 | 999 | | 31.25samples for potency and homogeneity and to allow the cannabis flower, cannabis product, |
---|
1000 | 1000 | | 31.26artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer |
---|
1001 | 1001 | | 31.27product to be accurately labeled with its cannabinoid profile. Testing for contaminants must |
---|
1002 | 1002 | | 31.28include testing for residual solvents, foreign material, microbiological contaminants, heavy |
---|
1003 | 1003 | | 31.29metals, pesticide residue, mycotoxins, and any items identified pursuant to paragraph (b), |
---|
1004 | 1004 | | 31.30and may include testing for other contaminants. A cannabis testing facility must destroy or |
---|
1005 | 1005 | | 31.31return to the cannabis business or hemp business any part of the sample that remains after |
---|
1006 | 1006 | | 31.32testing. |
---|
1007 | 1007 | | 31Sec. 45. |
---|
1008 | 1008 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 32.1 Sec. 46. Minnesota Statutes 2024, section 342.63, subdivision 2, is amended to read: |
---|
1009 | 1009 | | 32.2 Subd. 2.Content of label; cannabis.All cannabis flower and hemp-derived consumer |
---|
1010 | 1010 | | 32.3products that consist of hemp plant parts sold to customers or patients must have affixed |
---|
1011 | 1011 | | 32.4on the packaging or container of the cannabis flower or hemp-derived consumer product a |
---|
1012 | 1012 | | 32.5label that contains at least the following information: |
---|
1013 | 1013 | | 32.6 (1) the name and license number of the cannabis microbusiness, cannabis mezzobusiness, |
---|
1014 | 1014 | | 32.7cannabis cultivator, medical cannabis combination business, or industrial hemp grower |
---|
1015 | 1015 | | 32.8where the cannabis flower or hemp plant part was cultivated; |
---|
1016 | 1016 | | 32.9 (2) the net weight or volume of cannabis flower or hemp plant parts in the package or |
---|
1017 | 1017 | | 32.10container; |
---|
1018 | 1018 | | 32.11 (3) the batch number; |
---|
1019 | 1019 | | 32.12 (4) the cannabinoid profile; |
---|
1020 | 1020 | | 32.13 (5) a universal symbol established by the office indicating that the package or container |
---|
1021 | 1021 | | 32.14contains cannabis flower, a cannabis product, a lower-potency hemp edible, or a |
---|
1022 | 1022 | | 32.15hemp-derived consumer product; |
---|
1023 | 1023 | | 32.16 (6) verification that the cannabis flower or hemp plant part was tested according to |
---|
1024 | 1024 | | 32.17section 342.61 and that the cannabis flower or hemp plant part complies with the applicable |
---|
1025 | 1025 | | 32.18standards; |
---|
1026 | 1026 | | 32.19 (7) information on the usage of the cannabis flower or hemp-derived consumer product; |
---|
1027 | 1027 | | 32.20 (8) the following statement: "Keep this product out of reach of children."; and |
---|
1028 | 1028 | | 32.21 (9) any other statements or information required by the office. |
---|
1029 | 1029 | | 32.22Sec. 47. Minnesota Statutes 2024, section 342.63, subdivision 3, is amended to read: |
---|
1030 | 1030 | | 32.23 Subd. 3.Content of label; cannabinoid products.(a) All cannabis products, |
---|
1031 | 1031 | | 32.24lower-potency hemp edibles, hemp concentrate, hemp-derived consumer products other |
---|
1032 | 1032 | | 32.25than products subject to the requirements under subdivision 2, medical cannabinoid products, |
---|
1033 | 1033 | | 32.26and hemp-derived topical products sold to customers or patients must have affixed to the |
---|
1034 | 1034 | | 32.27packaging or container of the cannabis product a label that contains at least the following |
---|
1035 | 1035 | | 32.28information: |
---|
1036 | 1036 | | 32.29 (1) the name and license number of the cannabis microbusiness, cannabis mezzobusiness, |
---|
1037 | 1037 | | 32.30cannabis cultivator, medical cannabis combination business, or industrial hemp grower that |
---|
1038 | 1038 | | 32.31cultivated the cannabis flower or hemp plant parts used in the cannabis product, |
---|
1039 | 1039 | | 32Sec. 47. |
---|
1040 | 1040 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 33.1lower-potency hemp edible, hemp-derived consumer product, or medical cannabinoid |
---|
1041 | 1041 | | 33.2product; |
---|
1042 | 1042 | | 33.3 (2) the name and license number of the cannabis microbusiness, cannabis mezzobusiness, |
---|
1043 | 1043 | | 33.4cannabis manufacturer, lower-potency hemp edible manufacturer, medical cannabis |
---|
1044 | 1044 | | 33.5combination business, or industrial hemp grower that manufactured the cannabis concentrate, |
---|
1045 | 1045 | | 33.6hemp concentrate, or artificially derived cannabinoid and, if different, the name and license |
---|
1046 | 1046 | | 33.7number of the cannabis microbusiness, cannabis mezzobusiness, cannabis manufacturer, |
---|
1047 | 1047 | | 33.8lower-potency hemp edible manufacturer, or medical cannabis combination business that |
---|
1048 | 1048 | | 33.9manufactured the product; |
---|
1049 | 1049 | | 33.10 (3) the net weight or volume of the cannabis product, lower-potency hemp edible, or |
---|
1050 | 1050 | | 33.11hemp-derived consumer product in the package or container; |
---|
1051 | 1051 | | 33.12 (4) the type of cannabis product, lower-potency hemp edible, or hemp-derived consumer |
---|
1052 | 1052 | | 33.13product; |
---|
1053 | 1053 | | 33.14 (5) the batch number; |
---|
1054 | 1054 | | 33.15 (6) the serving size; |
---|
1055 | 1055 | | 33.16 (7) the cannabinoid profile per serving and in total; |
---|
1056 | 1056 | | 33.17 (8) a list of ingredients; |
---|
1057 | 1057 | | 33.18 (9) a universal symbol established by the office indicating that the package or container |
---|
1058 | 1058 | | 33.19contains cannabis flower, a cannabis product, a lower-potency hemp edible, or a |
---|
1059 | 1059 | | 33.20hemp-derived consumer product; |
---|
1060 | 1060 | | 33.21 (10) a warning symbol developed by the office in consultation with the commissioner |
---|
1061 | 1061 | | 33.22of health and the Minnesota Poison Control System that: |
---|
1062 | 1062 | | 33.23 (i) is at least three-quarters of an inch tall and six-tenths of an inch wide; |
---|
1063 | 1063 | | 33.24 (ii) is in a highly visible color; |
---|
1064 | 1064 | | 33.25 (iii) includes a visual element that is commonly understood to mean a person should |
---|
1065 | 1065 | | 33.26stop; |
---|
1066 | 1066 | | 33.27 (iv) indicates that the product is not for children; and |
---|
1067 | 1067 | | 33.28 (v) includes the phone number of the Minnesota Poison Control System; |
---|
1068 | 1068 | | 33.29 (11) verification that the cannabis product, lower-potency hemp edible, hemp-derived |
---|
1069 | 1069 | | 33.30consumer product, or medical cannabinoid product was tested according to section 342.61 |
---|
1070 | 1070 | | 33Sec. 47. |
---|
1071 | 1071 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 34.1and that the cannabis product, lower-potency hemp edible, hemp-derived consumer product, |
---|
1072 | 1072 | | 34.2or medical cannabinoid product complies with the applicable standards; |
---|
1073 | 1073 | | 34.3 (12) information on the usage of the product; |
---|
1074 | 1074 | | 34.4 (13) the following statement: "Keep this product out of reach of children."; and |
---|
1075 | 1075 | | 34.5 (14) any other statements or information required by the office. |
---|
1076 | 1076 | | 34.6 (b) The office may by rule establish alternative labeling requirements for lower-potency |
---|
1077 | 1077 | | 34.7hemp edibles that are imported into the state if those requirements provide consumers with |
---|
1078 | 1078 | | 34.8information that is substantially similar to the information described in paragraph (a). |
---|
1079 | 1079 | | 34.9 Sec. 48. Minnesota Statutes 2024, section 342.63, subdivision 6, is amended to read: |
---|
1080 | 1080 | | 34.10 Subd. 6.Additional information.(a) A cannabis microbusiness, cannabis mezzobusiness, |
---|
1081 | 1081 | | 34.11cannabis retailer, or medical cannabis combination business must provide customers and |
---|
1082 | 1082 | | 34.12patients with the following information: |
---|
1083 | 1083 | | 34.13 (1) factual information about impairment effects and the expected timing of impairment |
---|
1084 | 1084 | | 34.14effects, side effects, adverse effects, and health risks of cannabis flower, cannabis products, |
---|
1085 | 1085 | | 34.15lower-potency hemp edibles, and hemp-derived consumer products; |
---|
1086 | 1086 | | 34.16 (2) a statement that customers and patients must not operate a motor vehicle or heavy |
---|
1087 | 1087 | | 34.17machinery while under the influence of cannabis flower, cannabis products, lower-potency |
---|
1088 | 1088 | | 34.18hemp edibles, and hemp-derived consumer products; |
---|
1089 | 1089 | | 34.19 (3) resources customers and patients may consult to answer questions about cannabis |
---|
1090 | 1090 | | 34.20flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer |
---|
1091 | 1091 | | 34.21products, and any side effects and adverse effects; |
---|
1092 | 1092 | | 34.22 (4) contact information for the poison control center and a safety hotline or website for |
---|
1093 | 1093 | | 34.23customers to report and obtain advice about side effects and adverse effects of cannabis |
---|
1094 | 1094 | | 34.24flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer |
---|
1095 | 1095 | | 34.25products; |
---|
1096 | 1096 | | 34.26 (5) substance use disorder treatment options; and |
---|
1097 | 1097 | | 34.27 (6) any other information specified by the office. |
---|
1098 | 1098 | | 34.28 (b) A cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, or medical |
---|
1099 | 1099 | | 34.29cannabis combination business may include the information described in paragraph (a) by: |
---|
1100 | 1100 | | 34Sec. 48. |
---|
1101 | 1101 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 35.1 (1) including the information on the label affixed to the packaging or container of cannabis |
---|
1102 | 1102 | | 35.2flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products |
---|
1103 | 1103 | | 35.3by:; |
---|
1104 | 1104 | | 35.4 (1) (2) posting the information in the premises of the cannabis microbusiness, cannabis |
---|
1105 | 1105 | | 35.5mezzobusiness, cannabis retailer, or medical cannabis combination business; or |
---|
1106 | 1106 | | 35.6 (2) (3) providing the information on a separate document or pamphlet provided to |
---|
1107 | 1107 | | 35.7customers or patients when the customer purchases cannabis flower, a cannabis product, a |
---|
1108 | 1108 | | 35.8lower-potency hemp edible, or a hemp-derived consumer product. |
---|
1109 | 1109 | | 35.9 Sec. 49. REPEALER. |
---|
1110 | 1110 | | 35.10 Minnesota Statutes 2024, sections 152.22, subdivision 2; 342.01, subdivision 71; and |
---|
1111 | 1111 | | 35.11342.151, subdivision 1, are repealed. |
---|
1112 | 1112 | | 35Sec. 49. |
---|
1113 | 1113 | | 25-00281 as introduced02/19/25 REVISOR EB/VJ 152.22 DEFINITIONS. |
---|
1114 | 1114 | | Subd. 2.Commissioner."Commissioner" means the commissioner of health. |
---|
1115 | 1115 | | 342.01 DEFINITIONS. |
---|
1116 | 1116 | | Subd. 71.Visiting patient."Visiting patient" means an individual who is not a Minnesota |
---|
1117 | 1117 | | resident and who possesses a valid registration verification card or its equivalent that is issued under |
---|
1118 | 1118 | | the laws or regulations of another state, district, commonwealth, or territory of the United States |
---|
1119 | 1119 | | verifying that the individual is enrolled in or authorized to participate in that jurisdiction's medical |
---|
1120 | 1120 | | cannabis or medical marijuana program. |
---|
1121 | 1121 | | 342.151 EMPLOYEES OF LICENSE HOLDERS. |
---|
1122 | 1122 | | Subdivision 1.Definitions.For purposes of this section, a "license holder" includes a cannabis |
---|
1123 | 1123 | | microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis manufacturer, cannabis |
---|
1124 | 1124 | | retailer, cannabis wholesaler, cannabis transporter, cannabis testing facility, cannabis event organizer, |
---|
1125 | 1125 | | cannabis delivery service, lower-potency hemp edible manufacturer, lower-potency hemp edible |
---|
1126 | 1126 | | retailer, or medical cannabis combination business. |
---|
1127 | 1127 | | 1R |
---|
1128 | 1128 | | APPENDIX |
---|
1129 | 1129 | | Repealed Minnesota Statutes: 25-00281 |
---|