1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to cannabis; requiring health care facilities to accommodate cannabis and |
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3 | 3 | | 1.3 hemp products; amending Minnesota Statutes 2024, section 342.56, subdivision |
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4 | 4 | | 1.4 2. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 342.56, subdivision 2, is amended to read: |
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7 | 7 | | 1.7 Subd. 2.Health care facilities.(a) Health care facilities licensed under chapter 144A; |
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8 | 8 | | 1.8hospice providers licensed under chapter 144A; boarding care homes or supervised living |
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9 | 9 | | 1.9facilities licensed under section 144.50; assisted living facilities under chapter 144G; facilities |
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10 | 10 | | 1.10owned, controlled, managed, or under common control with hospitals licensed under chapter |
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11 | 11 | | 1.11144; and other health care facilities licensed by the commissioner of health or the |
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12 | 12 | | 1.12commissioner of human services may adopt reasonable restrictions on the use of medical |
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13 | 13 | | 1.13cannabis flower or medical, cannabinoid products, lower-potency hemp edibles, hemp-derived |
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14 | 14 | | 1.14consumer products, or hemp-derived topical products by a patient enrolled in the registry |
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15 | 15 | | 1.15program who resides at or is actively receiving treatment or care at the facility. The |
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16 | 16 | | 1.16restrictions may include a provision that the facility must not store or maintain a patient's |
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17 | 17 | | 1.17supply of medical cannabis flower or medical cannabinoid products on behalf of the patient; |
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18 | 18 | | 1.18that a patient store the patient's supply of medical cannabis flower or medicinal, cannabinoid |
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19 | 19 | | 1.19products, lower-potency hemp edibles, hemp-derived consumer products, or hemp-derived |
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20 | 20 | | 1.20topical products in a locked container accessible only to the patient, the patient's designated |
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21 | 21 | | 1.21caregiver, or the patient's parent, legal guardian, or spouse; that the facility is not responsible |
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22 | 22 | | 1.22for providing medical cannabis or hemp for patients; and that medical cannabis flower or |
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23 | 23 | | 1.23medical, cannabinoid products, lower-potency hemp edibles, hemp-derived consumer |
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24 | 24 | | 1.24products, or hemp-derived topical products are used only in a location specified by the |
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25 | 25 | | 1Section 1. |
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26 | 26 | | 25-04960 as introduced03/20/25 REVISOR SS/LJ |
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27 | 27 | | SENATE |
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28 | 28 | | STATE OF MINNESOTA |
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29 | 29 | | S.F. No. 3349NINETY-FOURTH SESSION |
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30 | 30 | | (SENATE AUTHORS: CLARK) |
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31 | 31 | | OFFICIAL STATUSD-PGDATE |
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32 | 32 | | Introduction and first reading04/09/2025 |
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33 | 33 | | Referred to Commerce and Consumer Protection 2.1facility or provider. Nothing in this subdivision requires facilities and providers listed in |
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34 | 34 | | 2.2this subdivision to adopt such restrictions. |
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35 | 35 | | 2.3 (b) No facility or provider listed in this subdivision may unreasonably limit a patient's |
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36 | 36 | | 2.4access to or use of medical cannabis flower or medical cannabinoid products, lower-potency |
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37 | 37 | | 2.5hemp edibles, hemp-derived consumer products, or hemp-derived topical products to the |
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38 | 38 | | 2.6extent that such use is authorized under sections 342.51 to 342.59, or the patient is a visiting |
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39 | 39 | | 2.7patient authorized to use medical cannabis under the laws of their state of residence. No |
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40 | 40 | | 2.8facility or provider listed in this subdivision may prohibit a patient access to or use of medical |
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41 | 41 | | 2.9cannabis flower or medical cannabinoid products due solely to the fact that cannabis is a |
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42 | 42 | | 2.10controlled substance pursuant to the federal Uniform Controlled Substances Act. If a federal |
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43 | 43 | | 2.11regulatory agency, the United States Department of Justice, or the federal Centers for |
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44 | 44 | | 2.12Medicare and Medicaid Services takes one of the following actions, a facility or provider |
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45 | 45 | | 2.13may suspend compliance with this paragraph until the regulatory agency, the United States |
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46 | 46 | | 2.14Department of Justice, or the federal Centers for Medicare and Medicaid Services notifies |
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47 | 47 | | 2.15the facility or provider that it may resume permitting the use of medical cannabis flower or |
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48 | 48 | | 2.16medical, cannabinoid products, lower-potency hemp edibles, hemp-derived consumer |
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49 | 49 | | 2.17products, or hemp-derived topical products within the facility or in the provider's service |
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50 | 50 | | 2.18setting: |
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51 | 51 | | 2.19 (1) a federal regulatory agency or the United States Department of Justice initiates |
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52 | 52 | | 2.20enforcement action against a facility or provider related to the facility's compliance with |
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53 | 53 | | 2.21the medical cannabis program; or |
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54 | 54 | | 2.22 (2) a federal regulatory agency, the United States Department of Justice, or the federal |
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55 | 55 | | 2.23Centers for Medicare and Medicaid Services issues a rule or otherwise provides notification |
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56 | 56 | | 2.24to the facility or provider that expressly prohibits the use of medical cannabis in health care |
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57 | 57 | | 2.25facilities or otherwise prohibits compliance with the medical cannabis program. |
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58 | 58 | | 2.26 (c) An employee or agent of a facility or provider listed in this subdivision or a person |
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59 | 59 | | 2.27licensed under chapter 144E is not violating this chapter or chapter 152 for the possession |
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60 | 60 | | 2.28of medical cannabis flower or medical cannabinoid products while carrying out employment |
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61 | 61 | | 2.29duties, including providing or supervising care to a patient enrolled in the registry program, |
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62 | 62 | | 2.30or distribution of medical cannabis flower or medical cannabinoid products to a patient |
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63 | 63 | | 2.31enrolled in the registry program who resides at or is actively receiving treatment or care at |
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64 | 64 | | 2.32the facility or from the provider with which the employee or agent is affiliated. |
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65 | 65 | | 2.33 (d) Nothing in this subdivision is intended to require a facility covered by this subdivision |
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66 | 66 | | 2.34to permit violations of sections 144.411 to 144.417. |
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67 | 67 | | 2Section 1. |
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68 | 68 | | 25-04960 as introduced03/20/25 REVISOR SS/LJ |
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