1.1.................... moves to amend S.F. No. 2470, the third engrossment, as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. [152.22] MEDICAL CANNABIS THERAPEUTIC RESEARCH
1.4STUDY.
1.5    Subdivision 1. Definitions. (a) For purposes of this section, the following terms
1.6have the meanings given.
1.7(b) "Commissioner" means the commissioner of health.
1.8(c) "Health care practitioner" means a Minnesota licensed doctor of medicine, a
1.9Minnesota licensed physician assistant acting within the scope of authorized practice, or a
1.10Minnesota licensed advanced practice registered nurse, who has the primary responsibility
1.11for the care and treatment of a person diagnosed with a qualifying medical condition
1.12under this section.
1.13(d) "Health records" means health record as defined in section 144.291.
1.14(e) "Medical cannabis" means the flowers of any species of the genus cannabis plant,
1.15or any mixture or preparation of them, including extracts and resins which contain a
1.16chemical composition determined to likely be medically beneficial by the commissioner,
1.17and that is delivered in the form of:
1.18(1) liquid, including, but not limited to, oil;
1.19(2) pill;
1.20(3) vaporized delivery method with use of liquid or oil but which does not require
1.21the use of dried leaves or plant form; or
1.22(4) any other method approved by the commissioner but which shall not include
1.23smoking.
1.24(f) "Medical cannabis manufacturer" or "manufacturer" means an entity registered
1.25by the commissioner to cultivate, acquire, manufacture, possess, prepare, transfer,
1.26transport, supply, or dispense medical cannabis, delivery devices, or related supplies and
2.1educational materials to patients with a qualifying medical condition who are enrolled
2.2in the registry program.
2.3(g) "Medical cannabis product" means medical cannabis as defined in paragraph
2.4(e) and any delivery device or related supplies and educational materials used in the
2.5administration of medical cannabis for a patient with a qualifying medical condition
2.6enrolled in the registry program.
2.7(h) "Patient" means a Minnesota resident who has been diagnosed by a health care
2.8practitioner with a qualifying medical condition and who has otherwise met any other
2.9requirements of patients under this section to participate in the registry program.
2.10(i) "Patient registry number" means a unique identification number assigned to a
2.11patient by the commissioner after the commissioner has enrolled the patient in the registry
2.12program.
2.13(j) "Registered designated caregiver" means a person who is at least 21 years old and
2.14who has been approved by the commissioner to assist a patient who has been identified by
2.15a health care provider as mentally or physically disabled and therefore the patient is unable
2.16to self-administer medication and who is authorized by the commissioner to administer
2.17medical cannabis to the patient only within the patient's primary place of residence;
2.18(k) "Registry program" means the patient registry established under this section.
2.19(l) "Registry verification" means the verification provided by the commissioner that
2.20a patient is enrolled in the registry program and that includes the patient's name, patient
2.21registry number, qualifying medical condition, and, if applicable, the name of the patient's
2.22registered designated caregiver or parent or legal guardian.
2.23(m) "Qualifying medical condition" means a diagnosis of the following conditions:
2.24(1) cancer;
2.25(2) glaucoma;
2.26(3) human immunodeficiency virus or acquired immune deficiency syndrome;
2.27(4) Tourette's syndrome;
2.28(5) amyotrophic lateral sclerosis;
2.29(6) seizures, including those characteristic of epilepsy;
2.30(7) severe and persistent muscle spasms, including those characteristic of multiple
2.31sclerosis;
2.32(8) Crohn's disease; or
2.33(9) any other medical condition or its treatment approved by the commissioner.
2.34    Subd. 2. Limitations. This section does not permit any person to engage in and
2.35does not prevent the imposition of any civil, criminal, or other penalties for:
3.1(1) undertaking any task under the influence of medical cannabis that would
3.2constitute negligence or professional malpractice;
3.3(2) possessing or engaging in the use of medical cannabis on:
3.4(i) a school bus;
3.5(ii) on the grounds of any preschool or primary or secondary school; or
3.6(iii) in any correctional facility;
3.7(3) vaporizing medical cannabis pursuant to subdivision 1, paragraph (e):
3.8(i) on any form of public transportation;
3.9(ii) where the smoke would be inhaled by a minor child; or
3.10(iii) in any public place; and
3.11(4) operating, navigating, or being in actual physical control of any motor vehicle,
3.12aircraft, train, or motorboat, or working on transportation property, equipment, or facilities
3.13while under the influence of medical cannabis.
3.14    Subd. 3. Federally approved clinical trials. The commissioner may prohibit
3.15enrollment of a patient in the registry program if the patient is simultaneously enrolled in a
3.16federally approved clinical trial for the treatment of a qualifying medical condition with
3.17medical cannabis. The commissioner shall provide information to all patients enrolled in
3.18the registry program on the existence of federally approved clinical trials for the treatment
3.19of the patient's qualifying medical condition with medical cannabis as an alternative to
3.20enrollment in the patient registry program.
3.21    Subd. 4. Commissioner duties. (a) The commissioner shall register and provide
3.22regulations for one in-state manufacturer for the production of all medical cannabis
3.23products within the state by December 1, 2014, unless the commissioner obtains an
3.24adequate supply of federally sourced medical cannabis products by August 1, 2014.
3.25The commissioner shall continue to accept applications after December 1, 2014, if no
3.26manufacturer that meets the qualifications set forth in this subdivision applies prior to
3.27December 1, 2014. The commissioner's determination that no manufacturer exists to fulfill
3.28the duties under this section is subject to judicial review. As a condition for registration,
3.29the commissioner shall require the manufacturer to:
3.30(1) supply medical cannabis products to patients by July 1, 2015; and
3.31(2) comply with all requirements under subdivision 8.
3.32(b) The commissioner shall consider the following factors when determining which
3.33manufacturer to register:
3.34(1) the technical expertise of the manufacturer in cultivating medical cannabis and
3.35converting the medical cannabis into an acceptable delivery method under subdivision 1,
3.36paragraph (e);
4.1(2) the qualifications of the manufacturer's employees;
4.2(3) the long-term financial stability of the manufacturer;
4.3(4) the ability to provide appropriate security measures on the premises of the
4.4manufacturer;
4.5(5) whether the manufacturer has demonstrated an ability to meet the medical
4.6cannabis production needs required by this section; and
4.7(6) the manufacturer's projection and ongoing assessment of fee levels on patients
4.8with a qualifying condition.
4.9(c) The commissioner shall require the medical cannabis manufacturer to contract
4.10with an independent laboratory to test all medical cannabis produced by the manufacturer.
4.11The commissioner shall approve the laboratory chosen by the manufacturer and require
4.12that the laboratory report testing results to the manufacturer in a manner determined by
4.13the commissioner.
4.14(d) The commissioner shall make an initial determination by December 1, 2014, after
4.15reviewing medical and scientific literature, of the range of chemical compositions of any
4.16plant of the genus cannabis that will likely be medically beneficial for each of the qualifying
4.17medical conditions, including a range of recommended doses for each condition. Once
4.18determined, the commissioner shall provide a listing of the range of chemical compositions
4.19and range of dosages to the manufacturer and publish the listing on the department website.
4.20(e) The commissioner shall complete rulemaking for any rules necessary for the
4.21manufacturer to begin distribution of medical cannabis products to patients under the
4.22registry program by July 1, 2015 and have notice published in the State Register prior
4.23to January 1, 2015.
4.24(f) The commissioner shall, within 30 days of a deadline listed in this section, advise
4.25the public and the co-chairs of the task force on medical cannabis therapeutic research if
4.26the commissioner is unable to complete any requirements under this section by the deadline
4.27listed in this section. The commissioner shall provide a written statement as to the reason
4.28or reasons the deadline will not be met. Upon request of the commissioner, the task force
4.29may extend any deadline by six months, but may not extend any deadline more than twice.
4.30    Subd. 5. Rulemaking. The commissioner may adopt rules to implement this
4.31section. Rules for which notice is published in the State Register before January 1, 2015
4.32may be adopted using the process in section 14.389.
4.33    Subd. 6. Patient registry program established. (a) The commissioner of health
4.34shall establish a patient registry program to evaluate data on patient demographics,
4.35effective treatment options, clinical outcomes, and quality-of-life outcomes for the
5.1purpose of making clinically significant findings regarding patients with a qualifying
5.2condition engaged in the therapeutic use of medical cannabis.
5.3(b) The commissioner shall:
5.4(1) give notice of the program to health care practitioners in the state who are eligible
5.5to serve as a health practitioner as defined in subdivision 1, paragraph (c), and explain the
5.6purposes and requirements of the program;
5.7(2) allow each health care practitioner in the state who meets or agrees to meet the
5.8program's requirements and who requests to participate, to be included in the registry
5.9program to collect data for the patient registry;
5.10(3) provide explanatory information and assistance to each health care practitioner
5.11in understanding the nature of therapeutic use of medical cannabis within program
5.12requirements;
5.13(4) create and provide a written certification to be used by a health practitioner for
5.14the practitioner to certify whether a patient has been diagnosed with a qualifying medical
5.15condition and include in the certification an option for the practitioner to certify whether the
5.16patient, in the health care practitioner's medical opinion, is mentally or physically disabled
5.17and, as a result of that disability, the patient is unable to self-administer medication;
5.18(5) supervise the participation of the health care practitioner in conducting patient
5.19treatment and health records reporting in a manner that ensures stringent security and
5.20record-keeping requirements and that prevents the unauthorized release of private data on
5.21individuals as defined by section 13.02;
5.22(6) develop safety criteria for patients with a qualifying condition as a requirement of
5.23the patient's participation in the program, to prevent the patient from undertaking any task
5.24under the influence of medical cannabis that would constitute negligence or professional
5.25malpractice on the part of the patient; and
5.26(7) conduct research and studies based on data from health records submitted to
5.27the registry program and submit reports on intermediate or final research results to the
5.28legislature and major scientific journals. The commissioner may contract with a third
5.29party to complete the requirements of this clause.
5.30(c) The commissioner shall develop a patient application for enrollment into the
5.31registry program. The application shall be available to the patient and given to health care
5.32practitioners in the state who are eligible to serve as a health care practitioner as defined
5.33under subdivision 1, paragraph (c). The application must include:
5.34(1) the name, mailing address, and date of birth of the qualifying patient;
5.35(2) the name, mailing address, and telephone number of the qualifying patient's
5.36health care practitioner;
6.1(3) the name, mailing address, and date of birth of the patient's designated caregiver,
6.2if any, or, if the patient is under age 18, the patient's parent or legal guardian;
6.3(4) a copy of the written certification from the patient's health care practitioner
6.4within 90 days prior to submitting the application which certifies that the patient has been
6.5diagnosed with a qualifying medical condition and, if applicable, that, in the health care
6.6practitioner's medical opinion, the patient is mentally or physically disabled and, as a
6.7result of that disability, the patient is unable to self-administer medication; and
6.8(5) all other signed affidavits and enrollment forms required by the commissioner
6.9under this section, including, but not limited to, the disclosure under paragraph (e).
6.10(d) The commissioner shall register a single designated caregiver for a patient if the
6.11patient's health care provider certified that the patient, in the health care practitioner's
6.12medical opinion, is mentally or physically disabled and, as a result of that disability, the
6.13patient is unable to self-administer medication and the caregiver has agreed, in writing,
6.14to be a patient's designated caregiver. As a condition of registration as a designated
6.15caregiver, the commissioner shall require:
6.16(1) the person to be at least 21 years of age;
6.17(2) the person to not already be registered as a caregiver for another patient enrolled
6.18in the registry program;
6.19(3) the person to agree to only possess any medical cannabis product for purposes
6.20of administration of the medical cannabis to the patient within the patient's primary
6.21place of residence; and
6.22(4) to agree that if the application is approved, the person will not be a registered
6.23designated caregiver for more than one patient.
6.24(e) The commissioner shall develop a disclosure form and require, as a condition of
6.25enrollment, all patients to sign a copy of the disclosure. The disclosure must include:
6.26(1) a statement that notwithstanding any law to the contrary, the commissioner of
6.27health, or an employee of any state agency, may not be held civilly or criminally liable for
6.28any injury, loss of property, personal injury, or death caused by any act or omission while
6.29acting within the scope of office or employment under this section; and
6.30(2) the patient's acknowledgement that enrollment in the patient registry program is
6.31conditional on the patient's agreement to meet all of the requirements of subdivision 9;
6.32(f) After receipt of a patient's application and signed disclosure, the commissioner
6.33shall enroll the patient in the registry program and assign the patient a patient registry
6.34number. A patient's enrollment in the registry program shall only be denied if the patient:
6.35(1) does not have written certification from a health care provider that the patient
6.36has been diagnosed with a qualifying medical condition;
7.1(2) has not signed and returned the disclosure form required under paragraph (d) to
7.2the commissioner;
7.3(3) does not provide the information required;
7.4(4) has previously been removed from the registry program for violations of
7.5subdivision 9; or
7.6(5) provides false information.
7.7(g) The commissioner shall give written notice to a patient of the reason for denying
7.8enrollment in the registry program.
7.9(h) Denial of enrollment into the registry program is considered a final decision of
7.10the commissioner and is subject to judicial review.
7.11(i) A patient's enrollment in the registry program may only be revoked if a patient
7.12violates a requirement in subdivision 9.
7.13(j) The commissioner shall develop a registry verification to provide to the health
7.14care practitioner identified in the patient's application and to the manufacturer. The
7.15registry verification shall include:
7.16(1) the patient's name and date of birth;
7.17(2) the patient registry number assigned to the patient;
7.18(3) the patient's qualifying medical condition as provided by the patient's health care
7.19provider in the written certification; and
7.20(4) the name and date of birth of the patient's registered designated caregiver, if any,
7.21or, if the patient is under age 18, the name of the patient's parent or legal guardian.
7.22(k) If the commissioner adds a delivery form under subdivision 1, paragraph (e) or a
7.23qualifying medical condition under subdivision 1, paragraph (l), the commissioner shall
7.24notify the legislature by January 15 of any year in which the commissioner wishes to make
7.25the change. The change shall be effective on August 1 of that year, unless the legislature
7.26by law provides otherwise. As part of the January submission, the commissioner shall
7.27notify the chairs and ranking minority members of the legislative policy committees
7.28having jurisdiction over health and public safety of the addition and the reasons for its
7.29addition, including any written comments received by the commissioner from the public
7.30and any guidance received from the task force on medical cannabis research.
7.31(l) Nothing in section 152.22 requires the medical assistance and MinnesotaCare
7.32programs to reimburse an enrollee or a provider for costs associated with the medical use
7.33of cannabis. Medical assistance and MinnesotaCare shall continue to reimburse providers
7.34for covered services related to treatment of a recipient's qualifying medical condition.
7.35(m) The establishment of the registry program is not intended in any manner
7.36whatsoever to condone or promote the illicit recreational use of marijuana.
8.1    Subd. 7. Health care practitioner duties. (a) Prior to a patient's enrollment in the
8.2registry program, a health care practitioner shall:
8.3(1) determine, in the health care practitioner's medical judgment, whether a patient
8.4suffers from a qualifying medical condition as defined in subdivision 1, paragraph (m),
8.5and , and if so determined, provide the patient with a written certification of that diagnosis;
8.6(2) determine whether a patient is mentally or physically disabled and, as a result of
8.7that disability, the patient is unable to self-administer medication, and, if so determined,
8.8include that determination on the patient's written certification of diagnosis;
8.9(3) advise patients, registered designated caregivers, and parents or legal guardians
8.10of patients under age 18 of the existence of any nonprofit patient support groups or
8.11organizations;
8.12(4) provide explanatory information from the commissioner to patients with
8.13qualifying medical conditions, including disclosure to all patients about the experimental
8.14nature of therapeutic use of medical cannabis, the possible risks and side effects of the
8.15proposed treatment, the application and other materials from the commissioner, and provide
8.16patients with the Tennessen warning as required by section 13.04, subdivision 2; and
8.17(5) agree to continue treatment of the patient's qualifying medical condition and
8.18report medical findings to the commissioner.
8.19(b) Upon notification from the commissioner of the patient's enrollment in the
8.20registry program, the health care practitioner shall:
8.21(1) participate in the patient registry reporting system under the guidance and
8.22supervision of the commissioner of health;
8.23(2) report health records of the patient throughout the ongoing treatment of the
8.24patient to the commissioner in a manner determined by the commissioner of health and in
8.25accordance with paragraph (c); and
8.26(3) otherwise comply with all requirements developed by the commissioner.
8.27(c) Data collected on patients by a health care practitioner and reported to the patient
8.28registry are health records under section 144.291 and are private data on individuals under
8.29section 13.02 but may be used or reported in an aggregated, non-identifiable form as part a
8.30scientific, peer-reviewed publication of research conducted under this section.
8.31    Subd. 8. Manufacturer of medical cannabis duties. (a) The manufacturer of
8.32medical cannabis shall provide a reliable and ongoing supply of all medical cannabis
8.33products needed for the registry program.
8.34(b) All cultivation, harvesting, manufacturing, and packing of cannabis must take
8.35place in an enclosed, locked facility at a physical address provided to the commissioner
8.36during the registration process.
9.1(c) The medical cannabis manufacturer shall produce medical cannabis with
9.2chemical compositions as determined by the commissioner.
9.3(d) The medical cannabis manufacturer shall contract with a laboratory, subject to
9.4the commissioner's approval of the laboratory and any additional requirements set by the
9.5commissioner, for purposes of testing all medical cannabis manufactured by the medical
9.6cannabis manufacturer as to content, contamination, and consistency to verify the medical
9.7cannabis meet the requirements of subdivision 1, paragraph (e).
9.8(e) The manufacturer must process and prepare any cannabis plant material into a
9.9form allowable under subdivision 1, paragraph (e) prior to distribution of any medical
9.10cannabis.
9.11(f) The manufacturer shall require that any employee with prior training or
9.12experience in the practice of pharmacy, as defined in section 151.01, be the only employees
9.13to distribute the medical cannabis to a patient.
9.14(g) The manufacturer shall only distribute medical cannabis products to the patient
9.15or, if the patient is under age 18, to the patient's parent or legal guardian.
9.16(h) Prior to distribution of any medical cannabis products to any patient or, if the
9.17patient is under age 18, the patient's parent of legal guardian, the manufacturer shall:
9.18(1) verify that the manufacturer has received the registry verification from the
9.19commissioner for that individual patient;
9.20(2) verify that the person requesting the distribution of medical cannabis is the
9.21patient, or, if the patient is under age 18, the patient's parent or legal guardian, listed in the
9.22patient verification, in accordance with section 152.11, subdivision 2, paragraph (d);
9.23(3) assign a tracking number to each individual medical cannabis product;
9.24(4) ensure that any employee of the manufacturer with prior training or experience
9.25in the practice of pharmacy, as defined in section 151.01, has consulted with the patient
9.26to determine the proper dosage for the individual patient based on the recommendations
9.27of the range of chemical compositions of the medical cannabis and the range of proper
9.28dosages provided by the commissioner;
9.29(5) properly label each medical cannabis product with individually identifying
9.30information, including:
9.31(i) the patient's name and date of birth;
9.32(ii) the name and date of birth of the patient's registered designated caregiver, or,
9.33if the patient is under age 18, the name of the patient's parent or legal guardian, if either
9.34were included on the registry verification;
9.35(iii) the patient's registry number;
9.36(iv) the chemical composition of the medical cannabis; and
10.1(v) the dosage; and
10.2(6) ensure that the medical cannabis distributed to a patient contains a maximum of a
10.330-day supply of the dosage determined for that patient.
10.4(i) If the patient has a registered designated caregiver, the manufacturer shall deliver
10.5properly labeled medical cannabis products to the patient or the patient's registered
10.6designated caregiver but only at the patient's primary residence. The manufacturer shall
10.7verify that the person to whom the medical cannabis product is being delivered is either
10.8the patient or the patient's registered designated caregiver, in accordance with section
10.9152.11, subdivision 2, paragraph (d). The manufacturer shall not distribute medical
10.10cannabis products to a registered designated caregiver at the premises of the manufacturer.
10.11(j) The manufacturer shall report to the commissioner, on a monthly basis, the
10.12following information on each individual patient from the month prior to the report:
10.13(1) the amount and dosages distributed;
10.14(2) the chemical composition of the medical cannabis; and
10.15(3) the tracking number assigned to any medical cannabis product distributed.
10.16(k) The operating documents of the manufacturer must include:
10.17(1) procedures for the oversight of the manufacturer and procedures to ensure
10.18accurate record keeping; and
10.19(2) procedures for the implementation of appropriate security measures to deter and
10.20prevent the theft of cannabis and unauthorized entrance into areas containing cannabis;
10.21(l) The manufacturer shall not share office space with, refer patients to a health care
10.22practitioner, or have any financial relationship with a health care practitioner.
10.23(m) The manufacturer shall not permit any person to consume cannabis on the
10.24property of the manufacturer.
10.25(n) The manufacturer is subject to reasonable inspection by the commissioner.
10.26(o) For purposes of this section only, the medical cannabis manufacturer is not
10.27subject to the Board of Pharmacy licensure or regulatory requirements under chapter 151.
10.28    Subd. 9. Patient duties. (a) A patient shall apply to the commissioner for enrollment
10.29in the registry program by submitting an application, as defined in subdivision 6, paragraph
10.30(c) and an annual registration fee as determined under subdivision 13, paragraph (a).
10.31(b) As a condition of continued enrollment, a patient shall agree to:
10.32(1) continue to receive regularly scheduled treatment for their qualifying medical
10.33condition from their health care practitioner; and
10.34(2) report changes in their qualifying medical condition to their health care
10.35practitioner.
11.1    Subd. 10. Confidentiality. (a) Data in patient files with both the commissioner and
11.2the health care practitioner, and data submitted to or by the medical cannabis manufacturer
11.3are private data on individuals or nonpublic data as defined in section 13.02.
11.4(b) Data kept or maintained by the commissioner may not be used for any purpose
11.5not provided for in this section and may not be combined or linked in any manner with
11.6any other list or database.
11.7    Subd. 11. Protections for registry program participation; criminal and civil. (a)
11.8There is a presumption that a patient enrolled in the registry program under this section is
11.9engaged in the authorized use of medical cannabis.
11.10(b) The presumption may be rebutted by evidence that conduct related to use of
11.11medical cannabis was not for the purpose of treating or alleviating the patient's qualifying
11.12medical condition or symptoms associated with the patient's qualifying medical condition
11.13pursuant to this section.
11.14(c) For the purposes of this section only, the following are not violations under
11.15this chapter:
11.16(1) use or possession of medical cannabis products by a patient enrolled in the
11.17registry program, or possession by the parent or guardian of a patient under age 18;
11.18(2) possession of medical cannabis products by a registered designated caregiver,
11.19only if the registered designated caregiver is in possession of the medical cannabis
11.20products within the primary resident of the individual patient in which the caregiver has
11.21been registered to assist;
11.22(3) possession, dosage determination, or sale of medical cannabis by the medical
11.23cannabis manufacturer or employees of the manufacturer; and
11.24(4) possession of medical cannabis products by any person while carrying out the
11.25duties required under this section.
11.26(d) Medical cannabis obtained and distributed pursuant to this section and associated
11.27property is not subject to forfeiture under sections 609.531 to 609.5316.
11.28(e) The commissioner, the commissioner's staff, and any health care practitioner are
11.29not subject to any civil or disciplinary penalties by the Board of Medical Practice or by any
11.30business, occupational, or professional licensing board or entity, solely for the participation
11.31in the registry program under this section. Nothing in this section prohibits a professional
11.32licensing board for sanctioning actions outside of those actions allowed under this section.
11.33(f) Notwithstanding any law to the contrary, the commissioner of health, or an
11.34employee of any state agency, may not be held civilly or criminally liable for any injury,
11.35loss of property, personal injury, or death caused by any act or omission while acting
11.36within the scope of office or employment under this section
12.1    Subd. 12. Discrimination prohibited. (a) No school or landlord may refuse to
12.2enroll or lease to and may not otherwise penalize a person solely for the person's status as
12.3a patient enrolled in the registry program under this section, unless failing to do so would
12.4violate federal law or regulations or cause the school or landlord to lose a monetary or
12.5licensing-related benefit under federal law or regulations.
12.6(b) For the purposes of medical care, including organ transplants, a registry program
12.7enrollee's use of medical cannabis under this section is considered the equivalent of the
12.8authorized use of any other medication used at the discretion of a physician and does
12.9not constitute the use of an illicit substance or otherwise disqualify a qualifying patient
12.10from needed medical care.
12.11(c) Unless a failure to do so would violate federal law or regulations or cause an
12.12employer to lose a monetary or licensing-related benefit under federal law or regulations,
12.13an employer may not discriminate against a person in hiring, termination, or any term or
12.14condition of employment, or otherwise penalize a person, if the discrimination is based
12.15upon either of the following:
12.16(1) the person's status as a patient enrolled in the registry program under this section;
12.17or
12.18(2) a patient's positive drug test for cannabis components or metabolites, unless the
12.19patient used, possessed, or was impaired by medical cannabis on the premises of the place
12.20of employment or during the hours of employment.
12.21(d) A person shall not be denied custody of or visitation rights or parenting time
12.22with a minor solely for the person's status as a patient enrolled in the registry program
12.23under this section, and there shall be no presumption of neglect or child endangerment
12.24for conduct allowed under this section, unless the person's behavior is such that it creates
12.25an unreasonable danger to the safety of the minor as established by clear and convincing
12.26evidence.
12.27    Subd. 13. Fees. (a) The commissioner shall collect an enrollment fee of $200
12.28from qualified patients enrolled under this section. If the patient receives Social Security
12.29disability, Supplemental Security Insurance payments, or is enrolled in medical assistance
12.30or MinnesotaCare then the fee shall be $50. The fees shall be payable annually and are
12.31due on the anniversary date of the patient's enrollment. The fee amount shall be deposited
12.32in the state treasury and credited to the state government special revenue fund.
12.33(b) The medical cannabis manufacturer may charge patients enrolled in the registry
12.34program a reasonable fee for costs associated with the operations of the manufacturer. The
12.35manufacturer may establish a sliding scale of patient fees based upon a qualifying patient's
12.36household income and may accept private donations to reduce patient fees
13.1    Subd. 14. Nursing facilities. Nursing facilities licensed under chapter 144A, or
13.2boarding care homes licensed under section 144.50, may adopt reasonable restrictions
13.3on the use of medical cannabis by persons receiving inpatient services. The restrictions
13.4may include a provision that the facility will not store or maintain the patient's supply of
13.5medical cannabis, that the facility is not responsible for providing the medical cannabis
13.6for qualifying patients, and that medical cannabis be consumed only in a place specified
13.7by the facility. Nothing contained in this section shall require the facilities to adopt such
13.8restrictions, and no facility shall unreasonably limit a qualifying patient's access to or
13.9use of medical cannabis.

13.10    Sec. 2. Minnesota Statutes 2012, section 256B.0625, subdivision 13d, is amended to
13.11read:
13.12    Subd. 13d. Drug formulary. (a) The commissioner shall establish a drug
13.13formulary. Its establishment and publication shall not be subject to the requirements of the
13.14Administrative Procedure Act, but the Formulary Committee shall review and comment
13.15on the formulary contents.
13.16    (b) The formulary shall not include:
13.17    (1) drugs, active pharmaceutical ingredients, or products for which there is no
13.18federal funding;
13.19    (2) over-the-counter drugs, except as provided in subdivision 13;
13.20    (3) drugs or active pharmaceutical ingredients used for weight loss, except that
13.21medically necessary lipase inhibitors may be covered for a recipient with type II diabetes;
13.22    (4) drugs or active pharmaceutical ingredients when used for the treatment of
13.23impotence or erectile dysfunction;
13.24    (5) drugs or active pharmaceutical ingredients for which medical value has not
13.25been established; and
13.26    (6) drugs from manufacturers who have not signed a rebate agreement with the
13.27Department of Health and Human Services pursuant to section 1927 of title XIX of the
13.28Social Security Act; and.
13.29(7) medical cannabis as defined under section 152.22.
13.30    (c) If a single-source drug used by at least two percent of the fee-for-service
13.31medical assistance recipients is removed from the formulary due to the failure of the
13.32manufacturer to sign a rebate agreement with the Department of Health and Human
13.33Services, the commissioner shall notify prescribing practitioners within 30 days of
13.34receiving notification from the Centers for Medicare and Medicaid Services (CMS) that a
13.35rebate agreement was not signed.

14.1    Sec. 3. REVOLVING FUND.
14.2    Subd. 1 Creation of fund. (a) A Department of Health revolving fund is created
14.3for the purpose of carrying out the commissioner's responsibilities associated with the
14.4regulation of medical cannabis manufacturers under section 152.22.
14.5(b) The fund shall be kept in the state treasury and shall be paid out in the manner
14.6prescribed by law.
14.7(c) The fund shall consist of the money paid by the medical cannabis manufacturer
14.8as provided in this section. This money is appropriated to the commissioner of the health
14.9for the purposes of this section.
14.10    Subd. 2. Medical cannabis manufacturer; fees and expenses. When the
14.11commissioner of health audits, inspects, examines, or visits a medical cannabis
14.12manufacturer, the manufacturer of medical cannabis shall pay into the Department of
14.13Health revolving fund the per diem salaries and necessary expenses of the employees of the
14.14Department of Health who are conducting or participating in the examination, inspection,
14.15visit, or desk audit. The per diem salary fee shall be determined by the commissioner.
14.16    Subd. 3. Purposes for which the fund may be spent. The commissioner shall use
14.17the fund for the payment of per diem salaries and expenses of special examiners and
14.18appraisers, the expenses of the commissioner of health or designee, and employees of the
14.19department when actively participating in any visit, audit, inspection, examination of the
14.20medical cannabis manufacturer. Expenses include meals, lodging, transportation, and
14.21mileage.

14.22    Sec. 4. IMPACT ASSESSMENT OF MEDICAL CANNABIS THERAPEUTIC
14.23RESEARCH.
14.24    Subdivision 1. Task force on medical cannabis therapeutic research. (a) A
14.2523-member task force on medical cannabis therapeutic research is created to conduct an
14.26impact assessment of medical cannabis therapeutic research. The task force shall consist
14.27of the following members:
14.28(1) two members of the house of representatives of the state of Minnesota, one
14.29selected by the speaker of the house, the other selected by the minority leader;
14.30(2) two members of the senate of the state of Minnesota, one selected by the majority
14.31leader, the other selected by the minority leader;
14.32(3) four members representing consumers or patients enrolled in the registry
14.33program, including at least two parents of patients under age 18;
15.1(4) four members representing health care providers, including one licensed
15.2pharmacist;
15.3(5) four members representing law enforcement, one from the Minnesota Chief of
15.4Police Association, one from the Minnesota Sheriff's Association, one from the Minnesota
15.5Police and Peace Officers Association, and one from the Minnesota County Attorneys
15.6Association;
15.7(6) four members representing substance use disorder treatment providers; and
15.8(7) the commissioners of health, human services, and public safety.
15.9(b) Task force members listed under paragraph (a), clauses (3), (4), (5), and (6), shall
15.10be appointed by the governor. Members shall serve on the task force at the pleasure of
15.11the appointing authority.
15.12(c) There shall be two co-chairs of the task force chosen from the members listed
15.13under paragraph (a). One co-chair shall be selected by the speaker of the house and
15.14the other co-chair shall be selected by the majority leader of the senate. The expense
15.15reimbursement for members of the task force is governed by section 15.059.
15.16    Subd. 2. Impact assessment. The task force shall hold hearings to conduct an
15.17assessment that evaluates the impact of the use of medical cannabis and evaluate Minnesota
15.18activities and other states' activities involving medical cannabis and offer analysis of:
15.19(1) program design and implementation;
15.20(2) the impact on the health care provider community;
15.21(3) patient experiences;
15.22(4) the impact on the incidence of substance abuse;
15.23(5) access to and quality of medical products;
15.24(6) the impact on law enforcement and prosecutions;
15.25(7) public awareness and perception; and
15.26(8) any unintended consequences.
15.27    Subd. 3. Reports to the legislature. (a) The co-chairs shall submit the following
15.28reports to the chairs and ranking minority members of the legislative committees and
15.29divisions with jurisdiction over health and human services, judiciary, and civil law:
15.30(1) by February 1, 2015, a report on the design and implementation of the registry
15.31program; and
15.32(2) every two years thereafter, a complete report on the impact assessment.
15.33(b) The task force may make recommendations to the legislature on whether to add
15.34or remove conditions from the list of qualifying medical conditions.
16.1    Subd. 4. Expiration. The task force on medical cannabis therapeutic research
16.2does not expire.

16.3    Sec. 5. APPROPRIATIONS; MEDICAL CANNABIS THERAPEUTIC
16.4RESEARCH STUDY.
16.5(a) $....... in fiscal year 2016 and $....... in fiscal year 2017 are appropriated from
16.6the general fund to the commissioner of health for research requirements of the registry
16.7program under Minnesota Statutes, section 152.22.
16.8(b) $....... in fiscal year 2015 is appropriated from the general fund to the
16.9commissioner of health for the costs of administering Minnesota Statutes, section 152.22.
16.10(c) $50,000 in fiscal year 2015 is appropriated from the general fund to the
16.11Legislative Coordinating Commission to administer the task force on medical cannabis
16.12therapeutic research and for the task force to conduct the impact assessment on the use of
16.13cannabis for medicinal purposes. These funds are available until the expiration of the task
16.14force on medical cannabis therapeutic research.
16.15(d) $....... in fiscal year 2015 is appropriated from the state government special
16.16revenue fund to the commissioner of health for the cost of implementing section 152.22.

16.17    Sec. 6. EFFECTIVE DATE.
16.18Sections 1 and 2 are effective July 1, 2014."
16.19Amend the title accordingly