.................... moves to amend H.F. No. 2874 as follows:
Page 22, after line 9, insert:
Section 1. Minnesota Statutes 2012, section 13.3806, is amended by adding a
subdivision to read:
1.7 Subd. 22. Medical use of cannabis data. Data collected by the commissioner of
1.8health relating to registrations for the medical use of cannabis are classified in section
Sec. 2. [152.22] DEFINITIONS.
1.11 Subdivision 1. Applicability. For purposes of sections 152.22 to 152.40, the terms
1.12defined in this section have the meanings given them.
1.13 Subd. 2. Allowable amount of cannabis. (a) "Allowable amount of cannabis" means
1.14(1) with respect to a qualifying patient, 2.5 ounces of usable cannabis; and
1.15(2) with respect to a designated caregiver, for each patient assisted by the designated
1.16caregiver, 2.5 ounces of usable cannabis.
1.17(b) Cannabis that is incidental to medical use, but is not usable cannabis as defined in
1.18subdivision 17, may not be counted toward a qualifying patient's or designated caregiver's
1.19allowable amount of cannabis.
1.20 Subd. 3. Alternative treatment center. "Alternative treatment center" means an
1.21entity registered under section 152.25 that cultivates, acquires, manufactures, possesses,
1.22prepares, packs, stores, delivers, transfers, transports, sells, supplies, or dispenses
1.23cannabis, paraphernalia, or related supplies and educational materials to registered
1.24qualifying patients or registered designated caregivers.
2.1 Subd. 4. Cannabis. "Cannabis" means all parts of the plant of any species of
2.2the genus Cannabis, including all agronomical varieties, whether growing or not; the
2.3seeds thereof; the resin extracted from any part of such plant; and every compound,
2.4manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but
2.5shall not include the mature stalks of such plant, fiber from such stalks, oil or cake made
2.6from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture,
2.7or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or
2.8cake, or the sterilized seed of such plant which is incapable of germination.
2.9 Subd. 5. Cardholder. "Cardholder" means a qualifying patient or a designated
2.10caregiver who has been issued and possesses a valid registry identification card.
2.11 Subd. 6. Commissioner. "Commissioner" means the commissioner of health.
2.12 Subd. 7. Debilitating medical condition. "Debilitating medical condition" means:
2.13(1) cancer, glaucoma, acquired immune deficiency syndrome, hepatitis C, Tourette's
2.14syndrome, amyotrophic lateral sclerosis, post-traumatic stress disorder, or the treatment
2.15of those conditions;
2.16(2) a chronic or debilitating disease or medical condition or its treatment that
2.17produces cachexia or wasting syndrome; severe, intractable pain, as defined in section
2.18152.125, subdivision 1; severe nausea; seizures, including those characteristic of epilepsy;
2.19severe and persistent muscle spasms, including those characteristic of multiple sclerosis;
2.20and Crohn's disease;
2.21(3) the condition of an HIV-positive patient when the patient's physician believes
2.22the patient could benefit from consumption of cannabis; or
2.23(4) any other medical condition or its treatment approved by the commissioner.
2.24 Subd. 8. Designated caregiver. "Designated caregiver" means a person who is at
2.25least 21 years old and who has agreed to assist no more than five qualifying patients
2.26with the medical use of cannabis.
2.27 Subd. 9. Enclosed, locked facility. "Enclosed, locked facility" means a closet,
2.28room, building, or other enclosed area equipped with locks or other security devices
2.29that permit access only by a cardholder.
2.30 Subd. 10. Medical cannabis organization. "Medical cannabis organization" means
2.31an alternative treatment center or a safety compliance facility.
2.32 Subd. 11. Medical use of cannabis. "Medical use of cannabis" means
2.33the acquisition, possession, use, administration, preparation, processing, testing,
2.34compounding, converting, delivery, transfer, or transportation of cannabis or drug
2.35paraphernalia, as defined in section 152.01, subdivision 18, relating to the consumption of
3.1cannabis to alleviate a registered qualifying patient's debilitating condition or symptoms
3.2associated with the medical condition.
3.3 Subd. 12. Practitioner. "Practitioner" means a Minnesota licensed doctor of
3.4medicine, a Minnesota licensed doctor of osteopathy licensed to practice medicine, a
3.5Minnesota licensed physician assistant acting within the scope of authorized practice, or
3.6a Minnesota licensed advance practice registered nurse, except that if the qualifying
3.7patient's debilitating medical condition is post-traumatic stress disorder, the practitioner
3.8must be a licensed psychiatrist.
3.9 Subd. 13. Qualifying patient. "Qualifying patient" means a person who has been
3.10diagnosed by a practitioner as having a debilitating medical condition.
3.11 Subd. 14. Registration certificate. "Registration certificate" means a document
3.12issued by the commissioner that identifies an entity as an alternative treatment center
3.13or a safety compliance facility.
3.14 Subd. 15. Registry identification card. "Registry identification card" means a
3.15document issued by the commissioner that identifies a person as a registered qualifying
3.16patient or registered designated caregiver.
3.17 Subd. 16. Safety compliance facility. "Safety compliance facility" means an entity
3.18registered under section 152.25 to provide consumer protection services to the public
3.19by means of laboratory sampling and testing for potency and contaminants or public
3.20information and training services regarding:
3.21(1) the safe and efficient packaging, labeling, and distribution of cannabis;
3.22(2) security and inventory accountability procedures; or
3.23(3) scientific and medical research findings related to cannabis.
3.24 Subd. 17. Usable cannabis. "Usable cannabis" means the flowers of the cannabis
3.25plant, or any mixture or preparation of them, including extracts and resins, but does not
3.26include the seeds, stalks, leaves, and roots of the plant and does not include the weight
3.27of any non-cannabis ingredients combined with cannabis, including ingredients added to
3.28prepare a topical administration, food, drink, or pill.
3.29 Subd. 18. Visiting qualifying patient. "Visiting qualifying patient" means a person
3.30who was diagnosed with a debilitating medical condition by a person who is licensed
3.31with authority to prescribe drugs to humans in the state of the person's residence; who
3.32possesses a registry identification card, or its equivalent, that was issued pursuant to the
3.33laws of another state, district, territory, commonwealth, insular possession of the United
3.34States, or country recognized by the United States; and who is not a resident of Minnesota
3.35or has been a resident of Minnesota fewer than 30 days.
4.1 Subd. 19. Written certification. "Written certification" means a document signed
4.2and dated by a licensed practitioner stating, that in the practitioner's professional opinion,
4.3the patient is likely to receive therapeutic or palliative benefit from the use of cannabis to
4.4treat or alleviate the patient's debilitating medical condition. The practitioner must: (1)
4.5specify the qualifying patient's debilitating medical condition in the written certification;
4.6and (2) sign and date the written certification only in the course of a practitioner-patient
4.7relationship after the practitioner has completed a full physical examination of the
4.8qualifying patient and a full assessment of the qualifying patient's medical history and
4.9current medical condition.
Sec. 3. [152.23] LIMITATIONS.
4.11(a) Sections 152.22 to 152.38 do not permit any person to engage in and do not
4.12prevent the imposition of any civil, criminal, or other penalties for:
4.13(1) undertaking any task under the influence of cannabis that would constitute
4.14negligence or professional malpractice;
4.15(2) possessing or engaging in the use of cannabis:
4.16(i) on a school bus;
4.17(ii) on the grounds of any preschool or primary or secondary school; or
4.18(iii) in any correctional facility; and
4.19(3) operating, navigating, or being in actual physical control of any motor vehicle,
4.20aircraft, train, or motorboat, or working on transportation property, equipment, or facilities
4.21while under the influence of cannabis.
4.22(b) Nothing in sections 152.22 to 152.38 requires the medical assistance and
4.23MinnesotaCare programs to reimburse an enrollee or a provider for costs associated with
4.24the medical use of cannabis.
Sec. 4. [152.24] RULEMAKING.
4.26The commissioner shall adopt rules that set forth the procedures and methods for
4.27implementing sections 152.22 to 152.38, including:
4.28(1) receiving petitions from the public to add debilitating medical conditions or
4.29treatments to the list of debilitating medical conditions in section 152.22, subdivision 5,
4.30and requiring public notice of a public hearing, and the opportunity to comment upon any
4.32(2) establishing the form and content of registration and renewal applications
4.33submitted under sections 152.22 to 152.38;
5.1(3) establishing a system to numerically score competing alternative treatment center
5.2applicants that must include analysis of:
5.3(i) the suitability of the proposed location and its accessibility for patients;
5.4(ii) the character, veracity, background, and relevant experience of principal officers
5.5and board members; and
5.6(iii) the business plan proposed by the applicant, including its ability to maintain
5.7an adequate supply of cannabis, plans to ensure safety and security of patrons and the
5.8community, procedures to be used to prevent diversion, and any plan for making cannabis
5.9available to low-income registered qualifying patients;
5.10(4) establishing a system to consider applications for and renewals of registry
5.12(5) establishing standards, in consultation with law enforcement personnel, for
5.13cannabis organizations to prevent diversion and theft without imposing an undue burden
5.14or compromising the confidentiality of cardholders, including:
5.15(i) receiving applications for and renewals of registration certificates;
5.16(ii) oversight requirements;
5.17(iii) record-keeping requirements;
5.18(iv) security requirements, including requirements for protection of each location by
5.19a fully operational security alarm system;
5.20(v) safety requirements; and
5.21(vi) requirements and procedures for the safe and accurate packaging and labeling of
5.22cannabis, in compliance with the United States Poison Prevention Packing Act regarding
5.23child resistant packaging and exemptions for packaging for elderly patients;
5.24(6) requiring the labeling of cannabis products sold by alternative treatment centers;
5.25(7) establishing procedures for suspending or revoking the registration certificates or
5.26registry identification cards of medical cannabis organizations or cardholders who violate
5.27the provisions of sections 152.22 to 152.38 or the rules adopted under this section;
5.28(8) establishing reasonable restrictions relating to signage, marketing, display, and
5.29advertising of cannabis;
5.30(9) accepting and investigating complaints;
5.31(10) conducting criminal background checks on principal officers and board
5.32members of safety compliance facilities; and
5.33(11) establishing a cannabis inventory tracking system.
Sec. 5. [152.25] REGISTRATION AND CERTIFICATION OF MEDICAL
6.1 Subdivision 1. Registration. Not later than 90 days after receiving an application
6.2for a medical cannabis organization, the commissioner shall register the prospective
6.3medical cannabis organization and issue a registration certificate and a random 20-digit
6.4alphanumeric identification number if all of the following conditions are satisfied:
6.5(1) the prospective medical cannabis organization has submitted all of the following:
6.6(i) the application fee for an alternative treatment center of $15,000; if the
6.7application is not approved, $14,000 will be refunded;
6.8(ii) the application fee for a safety compliance facility of $5,000; if the application
6.9is not approved, $4,000 will be refunded;
6.10(iii) an application, including:
6.11(A) the legal name of the prospective medical cannabis organization;
6.12(B) the physical address of the prospective medical cannabis organization that is
6.13not within 1,000 feet of a public or private school existing before the date of the medical
6.14cannabis organization's application;
6.15(C) the name and date of birth of each principal officer and board member of the
6.16proposed medical cannabis organization;
6.17(D) the name and date of birth of each additional agent of the proposed medical
6.18cannabis organization; and
6.19(E) any additional information requested by the commissioner;
6.20(iv) operating procedures consistent with rules for oversight of the proposed medical
6.21cannabis organization, including procedures to ensure accurate record keeping and
6.22adequate security measures; and
6.23(v) if the city or county where the proposed medical cannabis organization would be
6.24located has enacted zoning restrictions, a sworn statement certifying that the proposed
6.25medical cannabis organization is in compliance with the restrictions;
6.26(2) none of the principal officers or board members of the medical cannabis
6.27organization has served as a principal officer or board member for a medical cannabis
6.28organization that has had its registration certificate revoked;
6.29(3) none of the principal officers or board members of the medical cannabis
6.30organization is under 21 years of age; and
6.31(4) if the proposed medical cannabis organization is an alternative treatment center
6.32applicant, it is located in a county with more than 20,000 permanent residents and:
6.33(i) the county does not already contain one alternative treatment center if it has a
6.34population of 300,000 or fewer;
6.35(ii) the county does not already contain two alternative treatment centers if the
6.36county has a population of at least 300,000 and fewer than 1,000,000; and
7.1(iii) the county does not already contain three alternative treatment centers if the
7.2county has a population of at least 1,000,000.
7.3 Subd. 2. Additional alternative treatment centers. A county with an area greater
7.4than 5,000 square miles must have at least two alternative treatment centers, regardless
7.5of population. The commissioner may register additional alternative treatment centers at
7.7 Subd. 3. Competing applications. When competing applications are submitted
7.8for a proposed alternative treatment center within a single county, the commissioner shall
7.9use an impartial and numerically scored competitive bidding process to determine which
7.10application or applications among those competing will be approved. The commissioner
7.11may conduct a background check of the principal officers and board members of the
7.12prospective alternative treatment centers to carry out this provision.
7.13 Subd. 4. Expiration. All registration certificates expire one year after the date
7.15 Subd. 5. Renewal. The commissioner shall issue a renewal registration certificate
7.16within ten days of receipt of the prescribed renewal application and renewal fee from a
7.17medical cannabis organization if its registration certificate is not under suspension and has
7.18not been revoked.
Sec. 6. [152.26] REGISTRY IDENTIFICATION CARDS.
7.20 Subdivision 1. Registration of qualifying patients and designated caregivers.
7.21A qualifying patient may apply to the commissioner for a registry identification card by
7.22submitting all of the following:
7.23(1) written certification issued by a licensed practitioner within the 90 days
7.24immediately preceding the date of application;
7.25(2) the application fee of $100, unless the patient receives Social Security disability
7.26or Supplemental Security Insurance payments, or is enrolled in medical assistance and
7.27then the fee is $25; and
7.28(3) an application, including:
7.29(i) name, mailing address, and date of birth of the qualifying patient, except that if
7.30the applicant is homeless, no address is required;
7.31(ii) name, mailing address, and telephone number of the qualifying patient's
7.33(iii) name, mailing address, and date of birth of the qualifying patient's designated
7.34caregiver, if any; and
8.1(iv) a signed statement from the designated caregiver, if any, agreeing to be the
8.2patient's designated caregiver and certifying that if the application is approved the
8.3designated caregiver will not be a registered designated caregiver for more than five
8.4registered qualifying patients.
8.5 Subd. 2. Issuance. (a) Except as provided in clause (2) and subdivision 4, the
8.7(1) verify the information contained in an application or renewal submitted
8.8according to sections 152.22 to 152.38 and approve or deny an application or renewal
8.9within ten days of receiving a completed application or renewal; and
8.10(2) issue a registry identification card to a qualifying patient and the patient's
8.11designated caregiver, if any, within five days of approving the application or renewal. A
8.12designated caregiver must have a registry identification card for each of the caregiver's
8.14(b) The commissioner may not issue a registry identification card to a qualifying
8.15patient who is under the age of 18 unless:
8.16(1) the qualifying patient's practitioner has explained the potential risks and benefits
8.17of the medical use of cannabis to the qualifying patient and to the parent, guardian, or
8.18person having legal custody of the qualifying patient;
8.19(2) at least two practitioners have issued a written certification within the 90 days
8.20immediately preceding the date of application;
8.21(3) the parent, guardian, or person having legal custody consents in writing to allow
8.22the qualifying patient's medical use of cannabis; and
8.23(4) a parent, guardian, or person having legal custody of the qualifying patient
8.24consents in writing to:
8.25(i) serve as the qualifying patient's designated caregiver; and
8.26(ii) control the acquisition of cannabis, the dosage, and the frequency of the medical
8.27use of the cannabis by the qualifying patient.
8.28(c) The commissioner must give written notice to the registered qualifying patient,
8.29when the qualifying patient's registry identification card is issued, of the names and
8.30addresses of all registered alternative treatment centers.
8.31 Subd. 3. Contents of registry identification cards. Registry identification cards for
8.32qualifying patients and designated caregivers must contain all of the following:
8.33(1) name and date of birth of the cardholder;
8.34(2) a statement of whether the cardholder is a qualifying patient or a designated
8.36(3) the date of issuance and expiration date of the registry identification card;
9.1(4) a random 20-digit alphanumeric identification number that is unique to the
9.2cardholder and contains at least four numbers and at least four letters;
9.3(5) if the cardholder is a designated caregiver, the random identification number of
9.4the registered qualifying patient the designated caregiver is assisting; and
9.5(6) a photograph of the cardholder.
9.6 Subd. 4. Denial of registry identification cards. (a) The commissioner may deny
9.7an application or renewal of a qualifying patient's registry identification card only if the
9.9(1) does not meet the requirements of section 152.22, subdivision 13;
9.10(2) does not provide the information required;
9.11(3) previously had a registry identification card revoked for violating sections
9.12152.22 to 152.38; or
9.13(4) provides false information.
9.14(b) The commissioner may deny an application or renewal of a designated
9.15caregiver's registry identification card only if the applicant:
9.16(1) does not meet the requirements of section 152.22, subdivision 8;
9.17(2) does not provide the information required;
9.18(3) previously had a registry identification card revoked for violating sections
9.19152.22 to 152.38; or
9.20(4) provides false information.
9.21(c) The commissioner shall give written notice to the qualifying patient of the reason
9.22for denying a registry identification card to the qualifying patient or to the qualifying
9.23patient's designated caregiver.
9.24(d) Denial of an application or renewal is considered a final decision of the
9.25commissioner and is subject to judicial review.
9.26 Subd. 5. Expiration. All registry identifications cards expire one year after the
9.27date of issue.
9.28 Subd. 6. Lost registry identification cards. If a registry identification card is
9.29lost, the cardholder shall promptly notify the commissioner. Within five days of the
9.30notification, and upon payment of a $25 fee, the commissioner shall issue a new registry
9.31identification card with a new random identification number to the cardholder and, if
9.32the cardholder is a registered qualifying patient, to the registered qualifying patient's
9.33registered designated caregiver, if any.
Sec. 7. [152.27] NOTIFICATIONS.
10.1(a) A registered qualifying patient shall notify the commissioner within ten days
10.2of any change in the registered qualifying patient's name, mailing address, designated
10.3caregiver, or if the registered qualifying patient ceases to have a debilitating medical
10.5(b) A registered designated caregiver shall notify the commissioner within ten days
10.6of any name change or change in mailing address.
10.7(c) If a cardholder notifies the commissioner of any changes listed in this section,
10.8but remains eligible under sections 152.22 to 152.38, the commissioner shall issue the
10.9cardholder a new registry identification card with new random 20-digit alphanumeric
10.10identification numbers within ten days of receiving the updated information and a $10
10.11fee. If the person notifying the commissioner is a registered qualifying patient, the
10.12commissioner shall also issue the patient's registered designated caregiver, if any, a new
10.13registry identification card within ten days of receiving the updated information.
10.14(d) If the registered qualifying patient's certifying practitioner notifies the
10.15commissioner in writing that either the registered qualifying patient has ceased to suffer
10.16from a debilitating medical condition or that the practitioner no longer believes the patient
10.17would receive therapeutic or palliative benefit from the medical use of cannabis, the card
10.18is void upon notification to the qualifying patient, and the registered qualifying patient
10.19has 15 days to dispose of any cannabis.
10.20(e) If a registered qualifying patient ceases to be a registered qualifying patient or
10.21changes the registered designated caregiver, the commissioner shall promptly notify the
10.22designated caregiver that the caregiver's duties and rights under sections 152.22 to 152.38
10.23for the qualifying patient expire 15 days after the commissioner sends notification.
10.24(f) A medical cannabis organization shall notify the commissioner within one
10.25business day of any theft or significant loss of cannabis.
10.26(g) The commissioner shall notify all alternative treatment centers when a registry
10.27identification card has been lost by either a qualifying patient or a designated caregiver.
10.28The notification must be given within five business days of the registry identification card
10.29being reported to the commissioner as lost.
Sec. 8. [152.28] MEDICAL CANNABIS ORGANIZATION REQUIREMENTS.
10.31(a) The operating documents of a medical cannabis organization must include
10.32procedures for the oversight of the medical cannabis organization and procedures to
10.33ensure accurate record keeping.
11.1(b) A medical cannabis organization shall implement appropriate security measures
11.2to deter and prevent the theft of cannabis and unauthorized entrance into areas containing
11.4(c) All cultivation, harvesting, manufacturing, and packing of cannabis must take
11.5place in an enclosed, locked facility at a physical address provided to the commissioner
11.6during the registration process.
11.7(d) A medical cannabis organization shall not share office space with or refer
11.8patients to a practitioner.
11.9(e) A medical cannabis organization may not permit any person to consume cannabis
11.10on the property of a medical cannabis organization.
11.11(f) Medical cannabis organizations are subject to reasonable inspection by the
11.12commissioner. The commissioner shall give reasonable notice of an inspection.
11.13(g) A medical cannabis organization may not employ or otherwise allow any person
11.14who is under 21 years of age to be an agent of the medical cannabis organization.
11.15(h) Before cannabis may be dispensed to a registered qualifying patient or a
11.16registered designated caregiver, a registered alternative treatment center agent must:
11.17(1) make a diligent effort to verify that the registry identification card presented to
11.18the alternative treatment center is valid; and
11.19(2) make a diligent effort to verify that the person presenting the card is the person
11.20identified on the registry identification card presented to the alternative treatment center
Sec. 9. [152.29] MEDICAL CANNABIS ORGANIZATION LOCATIONS.
11.23A city may enact reasonable zoning rules that limit the use of land for alternative
11.24treatment centers or safety compliance facilities to specified areas.
Sec. 10. [152.30] NURSING FACILITIES.
11.26Nursing facilities licensed under chapter 144A, or boarding care homes licensed
11.27under section 144.50, may adopt reasonable restrictions on the medical use of cannabis
11.28by persons receiving inpatient services. The restrictions may include a provision that
11.29the facility will not store or maintain the patient's supply of cannabis, that the facility is
11.30not responsible for providing the cannabis for qualifying patients, and that cannabis be
11.31consumed only in a place specified by the facility. Nothing contained in this section shall
11.32require the facilities to adopt such restrictions, and no facility shall unreasonably limit a
11.33qualifying patient's access to or medical use of cannabis.
Sec. 11. [152.31] VERIFICATION SYSTEM.
12.2The commissioner shall establish a secure telephone or Web-based verification
12.3system. The verification system must allow law enforcement personnel and registered
12.4medical cannabis organizations to enter a registry identification number and determine
12.5whether the number corresponds with a current, valid registry identification card. The
12.6system may disclose only whether the identification card is valid, the name of the
12.7cardholder, whether the cardholder is a qualifying patient or a designated caregiver, and
12.8the registry identification number of any affiliated registered qualifying patient.
Sec. 12. [152.32] ANNUAL REPORT.
12.10The commissioner shall report annually to the legislature on the number of
12.11applications for registry identification cards, the number of qualifying patients and
12.12designated caregivers approved, the nature of the debilitating medical conditions of the
12.13qualifying patients, the number of registry identification cards revoked, and the number of
12.14practitioners providing written certification for qualifying patients. The commissioner
12.15must not include identifying information on qualifying patients, designated caregivers, or
12.16practitioners in the report.
Sec. 13. [152.33] CONFIDENTIALITY.
12.18(a) Data in registration applications and supporting data submitted by qualifying
12.19patients, designated caregivers, and medical cannabis organizations, including data on
12.20designated caregivers and practitioners, are private data on individuals or nonpublic data
12.21as defined in section 13.02.
12.22(b) Data kept or maintained by the commissioner may not be used for any purpose
12.23not provided for in sections 152.22 to 152.38 and may not be combined or linked in
12.24any manner with any other list or database.
12.25(c) Data kept or maintained by the commissioner may be disclosed as necessary for:
12.26(1) the verification of registration certificates and registry identification cards
12.27pursuant to section 152.31;
12.28(2) submission of the annual report required by section 152.32;
12.29(3) notification to state or local law enforcement of apparent criminal violations of
12.30sections 152.22 to 152.36;
12.31(4) notification to state and local law enforcement about falsified or fraudulent
12.32information submitted for purposes of obtaining or renewing a registry identification
13.1(5) notification to the Board of Medical Practice if there is reason to believe that a
13.2practitioner provided a written certification without completing a full assessment of the
13.3qualifying patient's medical history and current medical condition or if the commissioner
13.4has reason to believe the practitioner otherwise violated the standard of care for evaluating
13.6(d) Any information kept or maintained by medical cannabis organizations must
13.7identify cardholders by their registry identification numbers and not contain names or
13.8other personally identifying information.
13.9(e) At the cardholder's request, the commissioner may confirm the cardholder's
13.10status as a registered qualifying patient or a registered designated caregiver to a third party,
13.11such as a landlord, school, medical professional, or court.
Sec. 14. [152.34] PROTECTIONS FOR THE MEDICAL USE OF CANNABIS.
13.13 Subdivision 1. Presumption. (a) There is a presumption that a qualifying patient
13.14or designated caregiver is engaged in the authorized medical use of cannabis pursuant to
13.15sections 152.22 to 152.38. The presumption exists if the qualifying patient or designated
13.17(1) is in possession of a registry identification card; and
13.18(2) is in possession of an amount of cannabis that does not exceed the allowable
13.19amount of cannabis.
13.20(b) The presumption may be rebutted by evidence that conduct related to the medical
13.21use of cannabis was not for the purpose of treating or alleviating the qualifying patient's
13.22debilitating medical condition or symptoms associated with the qualifying patient's
13.23debilitating medical condition pursuant to sections 152.22 to 152.38.
13.24 Subd. 2. Qualifying patient and designated caregiver. A registered qualifying
13.25patient or registered designated caregiver who possesses a valid registry identification card
13.26is not subject to arrest, prosecution, or penalty in any manner, including any civil penalty,
13.27or denial of any right or privilege, or disciplinary action by a court or occupational or
13.28professional licensing board or bureau for:
13.29(1) the registered qualifying patient's medical use of cannabis pursuant to sections
13.30152.22 to 152.38, if the registered qualifying patient does not possess more than the
13.31allowable amount of cannabis;
13.32(2) the registered designated caregiver assisting a registered qualifying patient to
13.33whom the caregiver is connected through the commissioner's registration process with
13.34the registered qualifying patient's medical use of cannabis pursuant to sections 152.22 to
14.1152.34, if the registered qualifying patient does not possess more than the allowable
14.2amount of cannabis;
14.3(3) reimbursement by a registered qualifying patient to the patient's registered
14.4designated caregiver for direct costs incurred by the registered designated caregiver for
14.5assisting with the registered qualifying patient's medical use of cannabis;
14.6(4) transferring cannabis to a safety compliance facility for testing;
14.7(5) compensating an alternative treatment center or a safety compliance facility
14.8for goods or services provided; or
14.9(6) offering or providing cannabis to a registered qualifying patient, to a registered
14.10designated caregiver for a registered qualifying patient's medical use, or to a visiting
14.12 Subd. 3. Visiting qualifying patient. A person who demonstrates that the person is
14.13a visiting qualifying patient shall not be subject to arrest, prosecution, or penalty in any
14.14manner, or denied any right or privilege including, but not limited to, civil penalty or
14.15disciplinary action by a business or occupational or professional licensing board or entity,
14.16for the medical use of cannabis pursuant to sections 152.22 to 152.38, if the visiting
14.17qualifying patient does not possess more than 2.5 ounces of usable cannabis.
14.18 Subd. 4. Dismissal of charges. If a qualifying patient or a designated caregiver who
14.19is not in possession of a registry identification card is arrested for possession of an amount
14.20of cannabis that does not exceed the allowable amount or is charged with this, the patient
14.21or caregiver shall be released from custody and the charges dismissed upon production of
14.22a valid registry identification card issued in the person's name.
14.23 Subd. 5. Practitioner. A practitioner may not be subject to arrest, prosecution,
14.24or penalty in any manner, or denied any right or privilege, including civil penalty or
14.25disciplinary action by the Board of Medical Practice or by another business, occupational,
14.26or professional licensing board or entity, based solely on providing written certifications or
14.27for otherwise stating that, in the practitioner's professional opinion, a patient is likely to
14.28receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate
14.29the patient's debilitating medical condition or symptoms associated with the debilitating
14.30medical condition. Nothing in sections 152.22 to 152.38 prevents a professional licensing
14.31board from sanctioning a practitioner for failing to properly evaluate a patient's medical
14.32condition or otherwise violating the standard of care for evaluating medical conditions.
14.33 Subd. 6. Legal counsel. An attorney may not be subject to disciplinary action by the
14.34Minnesota State Bar Association or other professional licensing association for providing
14.35legal assistance to prospective or registered alternative treatment centers, prospective or
15.1registered safety compliance facilities, or others related to activity that is no longer subject
15.2to criminal penalties under state law pursuant to sections 152.22 to 152.38.
15.3 Subd. 7. Arrest and prosecution prohibited. No person may be subject to arrest,
15.4prosecution, or penalty in any manner, or denied any right or privilege, including any
15.5civil penalty or disciplinary action by a court or occupational or professional licensing
15.6board or bureau, for:
15.7(1) providing or selling cannabis paraphernalia to a cardholder or to a medical
15.8cannabis organization upon presentation of a valid registry identification card or
15.9registration certificate; or
15.10(2) being in the presence or vicinity of the medical use of cannabis authorized under
15.11sections 152.22 to 152.38.
15.12 Subd. 8. Alternative treatment center. An alternative treatment center or an
15.13alternative treatment center's agent is not subject to prosecution, search, or inspection,
15.14except by the commissioner pursuant to section 152.28, paragraph (f); seizure; or penalty
15.15in any manner; and may not be denied any right or privilege, including civil penalty or
15.16disciplinary action by a court or business licensing board or entity, for acting pursuant to
15.17sections 152.22 to 152.38, and rules authorized by sections 152.22 to 152.38 to:
15.18(1) possess, plant, propagate, cultivate, grow, harvest, produce, process,
15.19manufacture, compound, convert, prepare, pack, repack, or store cannabis;
15.20(2) possess, produce, store, or transport cannabis paraphernalia;
15.21(3) purchase or obtain cannabis seeds from a cardholder, a visiting qualifying
15.22patient, or an entity that is registered to distribute cannabis under the laws of another state;
15.23(4) deliver, transfer, or transport cannabis, cannabis paraphernalia, or related supplies
15.24and educational materials to or from other medical cannabis organizations;
15.25(5) compensate a safety compliance facility for services or goods provided;
15.26(6) purchase or otherwise acquire cannabis from another registered alternative
15.27treatment center; or
15.28(7) dispense, supply, or sell cannabis, cannabis paraphernalia, or related supplies and
15.29educational materials to registered qualifying patients, to registered designated caregivers
15.30on behalf of registered qualifying patients, or to other alternative treatment centers.
15.31 Subd. 9. Safety compliance facility. A safety compliance facility or a safety
15.32compliance facility agent is not subject to prosecution, search, or inspection, except by the
15.33commissioner pursuant to section 152.28, paragraph (g); seizure; or penalty in any manner;
15.34and may not be denied any right or privilege, including civil penalty or disciplinary action
15.35by a court or business licensing board or entity, for acting pursuant to sections 152.22 to
15.36152.38 and rules authorized by sections 152.22 to 152.38, to provide the following services:
16.1(1) acquiring, possessing, or transporting cannabis obtained from registry
16.2identification cardholders or medical cannabis organizations;
16.3(2) returning the cannabis to the registry identification cardholder or medical
16.4cannabis organization from whom it was obtained;
16.5(3) producing or selling educational materials related to cannabis;
16.6(4) producing, possessing, selling, or transporting cannabis paraphernalia and
16.7equipment or materials other than cannabis to medical cannabis organizations or to
16.8cardholders, including lab equipment and packaging materials;
16.9(5) testing cannabis, including for potency, pesticides, mold, or contaminants;
16.10(6) providing training to cardholders; or
16.11(7) receiving compensation for services or goods other than cannabis provided
16.12under sections 152.22 to 152.38.
16.13 Subd. 10. Property rights. Any interest in or right to property that is lawfully
16.14possessed, owned, or used in connection with the medical use of cannabis as authorized in
16.15sections 152.22 to 152.38, or acts incidental to such use, is not forfeited under sections
16.16609.531 to 609.5318.
16.17 Subd. 11. Discrimination prohibited. (a) No school or landlord may refuse to
16.18enroll or lease to and may not otherwise penalize a person solely for the person's status
16.19as a cardholder, unless failing to do so would violate federal law or regulations or cause
16.20the school or landlord to lose a monetary or licensing-related benefit under federal law
16.22(b) For the purposes of medical care, including organ transplants, a registered
16.23qualifying patient's medical use of cannabis according to sections 152.22 to 152.38 is
16.24considered the equivalent of the authorized use of any other medication used at the
16.25discretion of a physician and does not constitute the use of an illicit substance or otherwise
16.26disqualify a qualifying patient from needed medical care.
16.27(c) Unless a failure to do so would violate federal law or regulations or cause an
16.28employer to lose a monetary or licensing-related benefit under federal law or regulations,
16.29an employer may not discriminate against a person in hiring, termination, or any term or
16.30condition of employment, or otherwise penalize a person, if the discrimination is based
16.31upon either of the following:
16.32(1) the person's status as a registered qualifying patient or a registered designated
16.34(2) a registered qualifying patient's positive drug test for cannabis components
16.35or metabolites, unless the patient used, possessed, or was impaired by cannabis on the
16.36premises of the place of employment or during the hours of employment.
17.1(d) A person shall not be denied custody of or visitation rights or parenting time
17.2with a minor solely for the person's status as a registered qualifying patient or a registered
17.3designated caregiver, and there shall be no presumption of neglect or child endangerment
17.4for conduct allowed under sections 152.22 to 152.38, unless the person's behavior is
17.5such that it creates an unreasonable danger to the safety of the minor as established by
17.6clear and convincing evidence.
17.7 Subd. 12. Card as probable cause. Possession of or application for a registry
17.8identification card does not constitute probable cause or reasonable suspicion, nor shall it
17.9be used to support a search of the person or property of the person possessing or applying
17.10for the registry identification card, or otherwise subject the person or property of the
17.11person to inspection by any governmental agency.
Sec. 15. [152.35] AFFIRMATIVE DEFENSE.
17.13(a) Except as provided in section 152.23, a person may assert the medical purpose
17.14for using cannabis as a defense to any prosecution involving cannabis, and the defense
17.15shall be presumed valid if the evidence shows that:
17.16(1) a practitioner has stated that, in the practitioner's professional opinion, after
17.17having completed a full assessment of the person's medical history and current medical
17.18condition made in the course of a bona fide practitioner-patient relationship, the patient has
17.19a debilitating medical condition and the potential benefits of using cannabis for medical
17.20purposes would likely outweigh the health risks for the person; and
17.21(2) the person was in possession of no more than 2.5 ounces of usable cannabis and
17.22a reasonable amount of cannabis that is not usable cannabis; and
17.23(3) the person was engaged in the acquisition, possession, use, or transportation of
17.24cannabis, paraphernalia, or both, relating to the administration of cannabis to treat or
17.25alleviate the individual's debilitating medical condition or symptoms associated with the
17.26individual's debilitating medical condition.
17.27(b) The defense and motion to dismiss shall not prevail if the prosecution proves that:
17.28(1) the individual had a registry identification card revoked for misconduct; or
17.29(2) the purpose of the possession of cannabis was not for palliative or therapeutic
17.30use by the individual with a debilitating medical condition who raised the defense.
17.31(c) An individual is not required to possess a registry identification card to raise the
17.32affirmative defense set forth in this section.
17.33(d) A person may assert the medical purpose for using cannabis in a motion to
17.34dismiss, and the charges shall be dismissed following an evidentiary hearing where the
17.35defendant shows the elements listed in paragraph (a).
18.1(e) Any interest in or right to property that was possessed, owned, or used in
18.2connection with a person's use of cannabis for medical purposes shall not be forfeited if
18.3the person or the person's designated caregiver demonstrates the person's medical purpose
18.4for using cannabis under this section.
18.5(f) This section shall only apply if:
18.6(1) the person's arrest, citation, or prosecution occurred after the effective date of
18.7sections 152.22 to 152.38, but before registration for qualified patients is available; or
18.8(2) the person's arrest or citation occurred after a valid application for a qualifying
18.9patient had been submitted but before the registry identification card was received.
Sec. 16. [152.36] SUSPENSION AND REVOCATION.
18.11 Subdivision 1. Suspension or revocation of registration certificate. The
18.12commissioner may by motion or on complaint, after investigation and opportunity
18.13for a public hearing at which the medical cannabis organization has been afforded an
18.14opportunity to be heard, suspend or revoke a registration certificate for multiple negligent
18.15violations or for a serious and knowing violation by the registrant or any of its agents of
18.16sections 152.22 to 152.38, or any rules adopted pursuant to section 152.24.
18.17 Subd. 2. Notice. The commissioner shall provide notice of suspension, revocation,
18.18fine, or other sanction, as well as the required notice of the hearing, by mailing the same
18.19in writing to the registered organization at the address on the registration certificate. A
18.20suspension shall not be longer than six months.
18.21 Subd. 3. Suspensions. An alternative medical center may continue to cultivate and
18.22possess cannabis during a suspension, but it may not dispense, transfer, or sell cannabis.
18.23 Subd. 4. Diversion by medical cannabis organization. The commissioner shall
18.24immediately revoke the registration certificate of a medical cannabis organization that
18.25violates section 152.37, subdivision 2, and its board members and principal officers may not
18.26serve as board members or principal officers for any other medical cannabis organization.
18.27 Subd. 5. Diversion by cardholder. The commissioner shall immediately revoke the
18.28registry identification card of any cardholder who sells cannabis to a person who is not
18.29allowed to possess cannabis for medical purposes under sections 152.22 to 152.38, and the
18.30cardholder is disqualified from further participation under sections 152.22 to 152.38.
18.31 Subd. 6. Revocation of registry identification card. The department may revoke
18.32the registry identification card of any registered qualifying patient or registered designated
18.33caregiver who knowingly commits a serious known violation of this chapter.
18.34 Subd. 7. Judicial review. Revocation is a final decision of the commissioner,
18.35subject to judicial review.
Sec. 17. [152.37] VIOLATIONS.
19.2 Subdivision 1. Unauthorized use of cannabis; civil penalty. A registered
19.3qualifying patient who smokes cannabis is subject to a civil penalty punishable by a fine
19.4of no more than $200. Vaporization of cannabis does not constitute smoking for purposes
19.5of sections 152.22 to 152.38.
19.6 Subd. 2. Failure to provide required notice; civil penalty. A registered qualifying
19.7patient, designated caregiver, or registered organization that willfully fails to provide a
19.8notice required by section 152.27 is guilty of a petty misdemeanor, punishable by a fine of
19.9no more than $150.
19.10 Subd. 3. Intentional diversion; criminal penalty. In addition to any other
19.11applicable penalty in law, a medical cannabis organization or an agent of a medical
19.12cannabis organization who intentionally sells or otherwise transfers cannabis in exchange
19.13for anything of value to a person other than a qualifying patient, a designated caregiver,
19.14or a medical cannabis organization or its agent is guilty of a felony punishable by
19.15imprisonment for not more than two years or by payment of a fine of not more than $3,000,
19.16or both. A person convicted under this subdivision may not continue to be affiliated
19.17with the medical cannabis organization and is disqualified from further participation
19.18under sections 152.22 to 152.38.
19.19 Subd. 4. Diversion by cardholder; criminal penalty. In addition to any other
19.20applicable penalty in law, a registered qualifying patient or registered designated caregiver
19.21who intentionally sells or otherwise transfers cannabis in exchange for anything of value
19.22to a person other than a qualifying patient, a designated caregiver, or a visiting qualifying
19.23patient is guilty of a felony punishable by imprisonment for not more than two years or by
19.24payment of a fine of not more than $3,000, or both.
19.25 Subd. 5. Transfer of registry identification card; criminal penalty. In addition
19.26to any other applicable penalty in law, a qualifying patient or designated caregiver
19.27who sells, transfers, loans, or otherwise gives another person the qualifying patient's
19.28or designated caregiver's registry identification card is guilty of a felony and may be
19.29sentenced to imprisonment for not more than two years, or payment of a fine of not more
19.30than $3,000, or both.
19.31 Subd. 6. False statement; criminal penalty. A person who intentionally makes a
19.32false statement to a law enforcement official about any fact or circumstance relating to
19.33the medical use of cannabis to avoid arrest or prosecution is guilty of a misdemeanor
19.34punishable by imprisonment for not more than 90 days or by payment of a fine of not
19.35more than $1,000, or both. The penalty is in addition to any other penalties that may
19.36apply for making a false statement or for the possession, cultivation, or sale of cannabis
20.1not protected by sections 152.22 to 152.38. If a person convicted of violating this section
20.2is a qualifying patient or a designated caregiver, the person is disqualified from further
20.3participation under sections 152.22 to 152.38.
20.4 Subd. 7. Submission of false records; criminal penalty. A person who knowingly
20.5submits false records or documentation required by the commissioner to certify a medical
20.6cannabis organization under sections 152.22 to 152.38 is guilty of a felony and may
20.7be sentenced to imprisonment for not more than two years, or payment of a fine of not
20.8more than $3,000, or both.
20.9 Subd. 8. Violation by practitioner; criminal penalty. A practitioner who
20.10knowingly refers patients to a medical cannabis organization or to a designated caregiver,
20.11who advertises in a medical cannabis organization, or who issues written certifications
20.12while holding a financial interest in a medical cannabis organization is guilty of a
20.13misdemeanor and may be sentenced to imprisonment for not more than 90 days, or
20.14payment of a fine of not more than $1,000, or both.
20.15 Subd. 9. Breach of confidentiality; criminal penalty. It is a misdemeanor for any
20.16person, including the commissioner or another state agency or local government, to breach
20.17the confidentiality of information obtained pursuant to sections 152.22 to 152.38.
20.18 Subd. 10. Other violations; civil penalty. A medical cannabis organization shall
20.19be fined up to $1,000 for any violation of sections 152.22 to 152.38, or the regulations
20.20issued pursuant to them, where no penalty has been specified. This penalty is in addition
20.21to any other applicable penalties in law.
Sec. 18. [152.38] IMPLEMENTATION.
20.23The commissioner must begin issuing registry identification cards and registration
20.24certificates under sections 152.22 to 152.38 within 18 months of sections 152.22 to 152.39
Sec. 19. [152.39] FEES.
20.27(a) The fees in sections 152.22 to 152.37 are annually appropriated and deposited
20.28in the state government special revenue fund for use by the commissioner to administer
20.29sections 152.22 to 152.38.
20.30(b) The total fees collected must generate revenues sufficient to implement and
20.31administer sections 152.22 to 152.38, except fee revenue may be offset or supplemented
20.32by private donations.
20.33(c) The total amount of revenue from registration certificate application and renewal
20.34fees must be sufficient to implement and administer the provisions of sections 152.22 to
21.1152.38 relating to medical cannabis organizations, including the verification system,
21.2except fee revenue may be offset or supplemented by private donations.
21.3(d) The commissioner may establish a sliding scale of patient application and
21.4renewal fees based upon a qualifying patient's household income.
21.5(e) The commissioner may accept private donations to reduce application and
Sec. 20. [152.40] ADVISORY COUNCIL.
21.8 Subdivision 1. Establishment; governance. The commissioner of health shall
21.9establish an advisory council to make recommendations to the commissioner and the
21.10legislature related to implementing sections 152.22 to 152.39. The advisory council shall
21.11be governed by section 15.059, except that members shall not receive per diems.
21.12 Subd. 2. Membership. The council consists of the following members, appointed
21.13by the commissioner of health:
21.14(1) four health care practitioners with experience in treating patients with debilitating
21.16(2) a representative of patients with debilitating medical conditions;
21.17(3) the commissioner of public safety or a designee; and
21.18(4) the commissioner of health or a designee.
21.19 Subd. 3. Duties. The advisory council shall:
21.20(1) assist the commissioner in reviewing petitions to add medical conditions,
21.21symptoms, or treatments to the list of debilitating medical conditions;
21.22(2) provide recommendations on rules to be adopted;
21.23(3) investigate and make recommendations related to the effectiveness of alternative
21.24treatment centers, individually and collectively, in serving the needs of qualifying patients;
21.25(4) investigate and make recommendations related to the sufficiency of the
21.26regulatory and security safeguards adopted; and
21.27(5) investigate and make recommendations related to best practices in other states
21.28that allow for the medical use of cannabis.
21.29EFFECTIVE DATE.This section is effective July 1, 2015.
Sec. 21. Minnesota Statutes 2012, section 256B.0625, subdivision 13d, is amended to
Subd. 13d. Drug formulary.
(a) The commissioner shall establish a drug
formulary. Its establishment and publication shall not be subject to the requirements of the
Administrative Procedure Act, but the Formulary Committee shall review and comment
on the formulary contents.
(b) The formulary shall not include:
(1) drugs, active pharmaceutical ingredients, or products for which there is no
(2) over-the-counter drugs, except as provided in subdivision 13;
(3) drugs or active pharmaceutical ingredients used for weight loss, except that
medically necessary lipase inhibitors may be covered for a recipient with type II diabetes;
(4) drugs or active pharmaceutical ingredients when used for the treatment of
impotence or erectile dysfunction;
(5) drugs or active pharmaceutical ingredients for which medical value has not
been established; and
(6) drugs from manufacturers who have not signed a rebate agreement with the
Department of Health and Human Services pursuant to section 1927 of title XIX of the
Social Security Act
22.16(7) cannabis as defined in sections 152.22 to 152.39.
(c) If a single-source drug used by at least two percent of the fee-for-service
medical assistance recipients is removed from the formulary due to the failure of the
manufacturer to sign a rebate agreement with the Department of Health and Human
Services, the commissioner shall notify prescribing practitioners within 30 days of
receiving notification from the Centers for Medicare and Medicaid Services (CMS) that a
rebate agreement was not signed.
Sec. 22. APPROPRIATIONS.
22.24$256,000 in fiscal year 2016 and $48,000 in fiscal year 2017 are appropriated from
22.25the state government special revenue fund to the commissioner of health to implement
22.26Minnesota Statutes, sections 152.22 to 152.38. This is a onetime appropriation.
Sec. 23. EFFECTIVE DATE.
22.28Sections 1 to 19 and 21 are effective July 1, 2015.